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Home My WebLink About1.00 General Application Materials_Part1 EAGLE RIDGE SUBDIVSION PRELIMINARY PLAN MAJOR SUBDIVISION PREPARED FOR: Eagle Ridge Homes LLC Prepared By: HIGH COUNTRY ENGINEERING, INC. 1517 Blake Avenue, Ste 101 Glenwood Springs, CO 81601 (970) 945-8676 December 23, 2021 TABLE OF CONTENTS EAGLE RIDGE SUBDIVISION PRELIMINARY PLAN MAJOR SUBDIVSION APPLICATION TAB 1 Application Form Payment Agreement Form Statement of Authority Fee Schedule PRE-APPLICATION CONFERENCE SUMMARY TAB 2 PROJECT NARRATIVE TAB 3 VICINITY MAP TAB 4 LEGALS & PUBLIC NOTICE INFORMATION TAB 5 Title Commitment Deed Adjacent Property Owners Mineral Rights LANDSCAPE PLAN TAB 6 IMPACT ANALYSIS TAB 7 ENGINEERING REPORT TAB 8 Traffic Study Water Supply Plan/Distribution Plan Wastewater Management Plan Shallow Utilities Water Tap Fee Agreement PUD GUIDELINES AND RESTRICTIONS TAB 9 Original Los Amigos Zoning Districts for Multi-family Lots Statement of Compliance with PUD CODES, COVENANTS, RESTRICTIONS TAB 10 Eagle Ridge Homes Eagle Ridge Townhomes Development Agreement Road Maintenance Agreement OPEN SPACE PLAN TAB 11 VISUAL ANALYSIS TAB 12 GEOTECHNICAL REPORT TAB 13 COMPLIANCE WITH COUNTY STANDARDS TAB 14 Article 7, Divisions 1,2,3 and 4 Letter Waivers of Standards FLOODPLAN AND WETLANDS ANALYSIS TAB 15 AFFORDABLE HOUSING PLAN TAB 16 COLORADO GEOLOGICAL SURVEY TAB 17 Submittal Form PRELIMINARY PLAN DRAWINGS 24” x 36” Preliminary Plan Site Plan Preliminary Engineering Drawings Previous Plats revised unit types and circulation/site plan. The overall density of units remains unchanged and the proposal is consistent with the zoning density approved by the PUD. Staff can provide the following summary of how the issue of Traffic Impacts would be handled: • The Application will be referred to COOT and the County Road and Bridge Department • A traffic analysis will be required. • The issue of existing PUD zoning and approved density would be analyzed in conjunction with the County Attorney's Office. • The decision on whether off-site COOT improvements would be required would be a decision of the Board of County Commissioners. UPDATE: As part of the completeness review of the Application submittals, Staff will assess whether other/new issues have been identified in the time since the original pre-application meetings in 2020. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, as amended • Section 5-302 (C) Major Subdivision -Preliminary Plan Review • Table 5-103 Common Review Procedures and Required Notice • Table 5-401 Application Submittal Requirements • Section 5-402 Description of Submittal Requirements, including but not limited to 5- 402 (D) Preliminary Plan Map • Section 4-203, Description of Submittal Requirements • Applicable provisions of Article 7, Standards • Waiver Requests per Section 4-118 and 4-202, if requested Ill. REVIEW PROCESS The process will address the standard procedures for Preliminary Plan as generally summarized below: 1. Pre-application Conference (completed). 2. Submittal of a Preliminary Plan Application in compliance with code requirements as reflected in the Pre-Application meeting summary. 4. Determination of Completeness and submittal of additional information as needed. 5. Submittal of additional copies of the Application for Planning Commission and Board of County Commissioners. 6. Set date for the Planning Commission public hearing and completion of public notice requirements a minimum of 30 days prior to the hearing. 7. Public notice shall include publication, certified mailings to adjacent property owners within 200 ft. certified return receipt mailing to owners of mineral rights on the property, and posting of the site visible from a public right-of-way. 2 8. Evaluation by Director/Staff Review -preparation of a Staff Report 9. Planning Commission public hearing and recommendation to the Board of County Commissioners. 1 0. Schedule Board of County Commissioners public hearing and completion of public notice a minimum of 30 days prior to the hearing. 11. Public notice shall include publication, certified mailings to adjacent property owners within 200 ft. certified return receipt mailing to owners of mineral rights on the property, and posting of the site visible from a public right-of-way. 12. Board of County Commissioners public hearing and action by the Board for approval, approval with conditions or denial. 13 Documentation of/he Board's action by resolution. 14. Completion of all required conditions of approval and submittal of a Final Plat Application within one year of the Preliminary Plan Approvals, unless extensions are granted. IV. SUBMITTAL REQUIREMENTS Application submittal requirements are detailed in Table 5-401 along with descriptions contained in Sections 4-203 and 5-402. The following listing is provided for the Applicant's convenience and can be utilized as a checklist. □ General Application Materials (application forms, agreement to pay form, Statement of Authority for Trusts, corporations or LLC's, authorization to represent, and payment of fees). □ Evidence of ownership such as a deed for the property and title work if available. □ Narrative description of the proposal. □ List of property owners within 200 feet and any mineral rights owners on the property. A statement on how mineral owners were researched is required. D Vicinity Map (including the area generally within 3 miles of the site). □ Site plan with information on proposed location of the facilities, other existing structures, and significant features on the property including but not limited to topography, easements, utilities, ditches, access roads/driveways, wells, any floodplains and wetlands. lJ Grading and Drainage plans. D Landscape Plan. D Impact Analysis. □ Improvements Agreement. □ Traffic Study. □ Water Supply/Distribution Plan. □ Wastewater Management Plan. □ Preliminary Plan Map. □ Open Space Plan Map. □ Visual Analysis. o Codes, Covenants, Restrictions. □ Affordable Housing Plan. 3 □ Preliminary Engineering including roadways, mitigation of geological hazards, and sewage collection and water supply and distribution systems. □ Documentation of compliance with standards contained in Sections of Article 7, Divisions 1, 2, 3 and 4. Application formatting is recommended to address each individual section/standard. D Floodplain and Wetlands analyses, as necessary. LJ Documentation of compliance with Table 7-107, Roadway Standards. D A copy of any existing COOT access information. n Referral to Colorado Geological Survey (CGS) and required fees or documentation of past referral comments and confirmation from CGS that the comments were still valid. 11 Demonstration of compliance with the PU[) Guidelines WAIVER REQUESTS Waiver from standards are subject to compliance with Section 4-118 and waivers from submittal requirements are subject to compliance with Section 4-202. Waiver requests needs to be specifically requested in the submittals, with supporting justification including demonstration of compliance with the review criteria in Sections 4-118 and 4-202. ADDITIONAL STAFF CONSULTATION As needed or for clarification of any of the above items, staff is available for additional consultation prior to submittal and/or a courtesy review of draft submittal documents. The Application submittals needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy on a CD or USB Stick. Both the paper and digital copies should be split into individual sections. Please refer to the pre-application summary for submittal requirements that are appropriate for your Application. V. APPLICATION REVIEW a. Review by: b. Public Hearing: c. Referral Agencies: Staff for completeness recommendation and referral agencies for additional technical review _ Director's Decision (with notice -not a public hearing) ~ Planning Commission _.lL Board of County Commissioners _ Board of Adjustment May include but are not limited to County Attorney, County Building Department, Fire Protection District, COOT, Division of Water Resources, County Road and Bridge, County Vegetation Manager, County Environmental Health, County Consulting Engineer, Holy Cross Electric, Adjacent Homeowners Associations, Colorado Department of Public Health and 4 EAGLE RIDGE SUBDIVISION PROJECT NARRATIVE The Eagle Ridge Development is located approximately 3.5 miles up County Road 114, west of the CMC campus and within the Los Amigos Ranch PUD. It is situated on 7.315 acres and has a zoning designation of Multi-Family. Permitted and conditional uses within the Multi-Family District include single-family, two-family and multiple family dwelling units pursuant to the Los Amigos Ranch PUD, Resolution No. 2008-06. The proposed development will consist of (19) two- bedroom Townhome units ranging from 968 sf to 1500 sf and (16) Single-Family lots for a total unit number of 35. Of the 35 units, (3) Townhome and (1) Single- Family will be restricted to meet the Affordable Housing Requirements. This development is located between Auburn Ridge, a 48 unit apartment complex constructed in the late 1970’s, and the Elk Springs Subdivision. The Multi-Family facet of the proposal will border Auburn Ridge; while the Single-Family lots will be on the west side bordering Elk Springs common area. The access to all of the proposed lots on the property will be via the existing Auburn Ridge Lane that intersects County Road 114. This road will be shared between Auburn Ridge and Eagle Ridge Subdivision. In 2008 this property received a Preliminary Plat Approval for a Multi-Family residential development consisting of 48 Townhomes; and was extended twice prior to lapsing in December of 2014. The current proposal, based on water allocation, has been reduced approximately 27% to 35 units and blends multi/single family with the surrounding area. The opportunity for home ownership will be extended through this development as all units in lieu of rent will be sold. The project will consist of up to 11 phases of construction. The entirety of the subdivision improvements will be completed prior to filing a final plat for the subdivision. The first phase will include the construction of the first 5 unit townhouse building (Block 1). The rest of the phases will be platted as future development blocks with the first final plat. The final plats of Blocks 2-11 will be limited to subdividing each block into individual lots. The block numbering does not necessarily reflect the order of the phases. EAGLE RIDGE SUBDIVISION PROJECT NARRATIVE The Eagle Ridge Development is located approximately 3.5 miles up County Road 114, west of the CMC campus and within the Los Amigos Ranch PUD. It is situated on 7.315 acres and has a zoning designation of Multi-Family. Permitted and conditional uses within the Multi-Family District include single-family, two-family and multiple family dwelling units pursuant to the Los Amigos Ranch PUD, Resolution No. 2008-06. The proposed development will consist of (19) two- bedroom Townhome units ranging from 968 sf to 1500 sf and (16) Single-Family lots for a total unit number of 35. Of the 35 units, (3) Townhome and (1) Single- Family will be restricted to meet the Affordable Housing Requirements. This development is located between Auburn Ridge, a 48 unit apartment complex constructed in the late 1970’s, and the Elk Springs Subdivision. The Multi-Family facet of the proposal will border Auburn Ridge; while the Single-Family lots will be on the west side bordering Elk Springs common area. The access to all of the proposed lots on the property will be via the existing Auburn Ridge Lane that intersects County Road 114. This road will be shared between Auburn Ridge and Eagle Ridge Subdivision. In 2008 this property received a Preliminary Plat Approval for a Multi-Family residential development consisting of 48 Townhomes; and was extended twice prior to lapsing in December of 2014. The current proposal, based on water allocation, has been reduced approximately 27% to 35 units and blends multi/single family with the surrounding area. The opportunity for home ownership will be extended through this development as all units in lieu of rent will be sold. The project will consist of up to 11 phases of construction. The entirety of the subdivision improvements will be completed prior to filing a final plat for the subdivision. The first phase will include the construction of the first 5 unit townhouse building (Block 1). The rest of the phases will be platted as future development blocks with the first final plat. The final plats of Blocks 2-11 will be limited to subdividing each block into individual lots. The block numbering does not necessarily reflect the order of the phases. EAGLE RIDGE SUBDIVISION PROJECT NARRATIVE The Eagle Ridge Development is located approximately 3.5 miles up County Road 114, west of the CMC campus and within the Los Amigos Ranch PUD. It is situated on 7.315 acres and has a zoning designation of Multi-Family. Permitted and conditional uses within the Multi-Family District include single-family, two-family and multiple family dwelling units pursuant to the Los Amigos Ranch PUD, Resolution No. 2008-06. The proposed development will consist of (19) two- bedroom Townhome units ranging from 968 sf to 1500 sf and (16) Single-Family lots for a total unit number of 35. Of the 35 units, (3) Townhome and (1) Single- Family will be restricted to meet the Affordable Housing Requirements. This development is located between Auburn Ridge, a 48 unit apartment complex constructed in the late 1970’s, and the Elk Springs Subdivision. The Multi-Family facet of the proposal will border Auburn Ridge; while the Single-Family lots will be on the west side bordering Elk Springs common area. The access to all of the proposed lots on the property will be via the existing Auburn Ridge Lane that intersects County Road 114. This road will be shared between Auburn Ridge and Eagle Ridge Subdivision. In 2008 this property received a Preliminary Plat Approval for a Multi-Family residential development consisting of 48 Townhomes; and was extended twice prior to lapsing in December of 2014. The current proposal, based on water allocation, has been reduced approximately 27% to 35 units and blends multi/single family with the surrounding area. The opportunity for home ownership will be extended through this development as all units in lieu of rent will be sold. The project will consist of up to 11 phases of construction. The entirety of the subdivision improvements will be completed prior to filing a final plat for the subdivision. The first phase will include the construction of the first 5 unit townhouse building (Block 1). The rest of the phases will be platted as future development blocks with the first final plat. The final plats of Blocks 2-11 will be limited to subdividing each block into individual lots. The block numbering does not necessarily reflect the order of the phases. EAGLE RIDGE SUBDIVISION PROJECT NARRATIVE The Eagle Ridge Development is located approximately 3.5 miles up County Road 114, west of the CMC campus and within the Los Amigos Ranch PUD. It is situated on 7.315 acres and has a zoning designation of Multi-Family. Permitted and conditional uses within the Multi-Family District include single-family, two-family and multiple family dwelling units pursuant to the Los Amigos Ranch PUD, Resolution No. 2008-06. The proposed development will consist of (19) two- bedroom Townhome units ranging from 968 sf to 1500 sf and (16) Single-Family lots for a total unit number of 35. Of the 35 units, (3) Townhome and (1) Single- Family will be restricted to meet the Affordable Housing Requirements. This development is located between Auburn Ridge, a 48 unit apartment complex constructed in the late 1970’s, and the Elk Springs Subdivision. The Multi-Family facet of the proposal will border Auburn Ridge; while the Single-Family lots will be on the west side bordering Elk Springs common area. The access to all of the proposed lots on the property will be via the existing Auburn Ridge Lane that intersects County Road 114. This road will be shared between Auburn Ridge and Eagle Ridge Subdivision. In 2008 this property received a Preliminary Plat Approval for a Multi-Family residential development consisting of 48 Townhomes; and was extended twice prior to lapsing in December of 2014. The current proposal, based on water allocation, has been reduced approximately 27% to 35 units and blends multi/single family with the surrounding area. The opportunity for home ownership will be extended through this development as all units in lieu of rent will be sold. The project will consist of up to 11 phases of construction. The entirety of the subdivision improvements will be completed prior to filing a final plat for the subdivision. The first phase will include the construction of the first 5 unit townhouse building (Block 1). The rest of the phases will be platted as future development blocks with the first final plat. The final plats of Blocks 2-11 will be limited to subdividing each block into individual lots. The block numbering does not necessarily reflect the order of the phases. scale:page:Project No:drawn by:checked by:date:file:HIGH COUNTRY ENGINEERING, INC.1517 BLAKE AVENUE, STE 101,GLENWOOD SPRINGS, CO 81601PHONE (970) 945-8676 FAX (970) 945-2555www.hceng.com122010071" = 2000'J:/sdskproj/PPLAT12/28/21HCEDRDVICINITY MAPSUBDIVISIONEAGLE RIDGEGARFIELD COUNTYEAGLE RIDGE HOMES, LLCSUBDIVISIONDEVELOPMENTLOCATIONEAGLE RIDGE• 4 CMC ~ 16 Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 Date: February 20, 2020 File Number: 660327 Property Address:TBD Vacant Land, Glenwood Springs, CO 81601 Buyer/Borrower:To Be Determined Please direct all Closing inquiries to: Kate Staskauskas Phone: (970) 927-7644 Fax: (866) 277-9353 Email Address: kate.s@stewart.com To Be Determined Delivery Method: Emailed JJBR LLC 4K LLC Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ABOVE. We Appreciate Your Business and Look Forward to Serving You in the Future. stewart titls Real partners . Real possibilities .T" This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 660327 ALTA Commitment For Title Insurance 8-1-16 Page 1 of 3 ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 For purposes of this form the “Stewart Title” logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. ste\Nart title /~~ Matt Morris President and CEO ~ Secretary AMERTCAN L A ND TITLE ASS O C lAT !ON This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 660327 ALTA Commitment For Title Insurance 8-1-16 Page 2 of 3 COMMITMENT CONDITIONS 1. DEFINITIONS (a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) “Title”: The estate or interest described in Schedule A. 2.If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c)the Commitment Conditions; (d) Schedule A; (e)Schedule B, Part I - Requirements; (f)Schedule B, Part II - Exceptions; and (g) a countersignature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I - Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II - Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. AMERTCAN L A ND TITLE ASS O C lAT !ON This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 660327 ALTA Commitment For Title Insurance 8-1-16 Page 3 of 3 (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I - Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b)Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.org/arbitration>. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 660327 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 1 of 7 Transaction Identification Data for reference only: Issuing Agent:Stewart Title Company Issuing Office:620 E Hopkins Ave, Aspen, CO 81611 Issuing Office’s ALTA® Registry ID: Loan ID Number: Commitment Number:660327 Issuing Office File Number:660327 Property Address:TBD Vacant Land, Glenwood Springs, CO 81601 Revision Number: 1. Commitment Date: February 7, 2020 at 8:00AM 2. Policy to be issued:Proposed Policy Amount (a) ALTA Owner’s Standard Proposed Insured: To Be Determined (b) ALTA Loan Proposed Insured: 3. The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4.The Title is, at the Commitment Date, vested in: JJBR, LLC and 4K, LLC 5.The Land is described as follows: See Exhibit “A” Attached Hereto ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT “A” LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 660327 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 2 of 7 File No.: 660327 Lot 1 RESUBDIVISION OF LOS AMIGOS RANCH FILING NO. 1, According to the Plat recorded July 23, 1983 as Reception No. 344098, and Amended Plat recorded April 10, 2006 as Reception No. 695830. County of Garfield, State of Colorado ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 660327 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 3 of 7 File No.: 660327 Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 6. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 7.Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 8. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 9. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 10. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. 11. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Statement of Authority for 4K, LLC, a Colorado limited liability company recorded December 5, 2013 as Reception No. 843918, discloses the following persons as those authorized to transact business on behalf of said entity: Michael K. Patch, Manager Christine M.S. Patch, Manager ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 660327 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 4 of 7 If there have been any amendments or changes to the management of the entity, written documentation reflecting the changes and a new Statement of Authority will be required. NOTE: Statement of Authority for JJBR, LLC recorded June 2, 2009 as Reception No. 768887, discloses the following persons as those authorized to transact business on behalf of said entity: Byron Vinger or Valerie Vinger If there have been any amendments or changes to the management of the entity, written documentation reflecting the changes and a new Statement of Authority will be required. NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). Please be advised that our search did not disclose any open Deed of Trust of record. If you should have knowledge of any outstanding obligations, please contact the Title Department immediately for further review Prior to closing. NOTE: The vesting deed is shown as follows: Warranty Deed recorded September 24, 2014, as Reception No. 853952. NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 660327 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 5 of 7 Exceptions File No.: 660327 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2. Rights or claims of parties in possession, not shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9.The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded July 24, 1917 in Book 92 at Page 306 as Reception No. 57874; reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 660327 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 6 of 7 11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November 11, 1916 in Book 92 at Page 297 as Reception No. 55335. 12. Public Service Company of Colorado Easement recorded August 13, 1959 in Book 319 at Page 446 as Reception No. 206401. 13. Right of Way Agreement recorded October 10, 1967 in Book 388 at Page 345 as Reception No. 239159. 14. Right of Way Easement recorded April 29, 1969 in Book 401 at Page 391 as Reception No. 243292. 15. Matters disclosed on the Plat of Los Amigos Ranch, Filing Number One recorded July 30, 1979 as Reception No. 296074, and on the Resubdivision of Los Amigos Ranch, Filing No. 1 recorded July 25, 1983 as Reception No. 344098, and on the Plat of the Los Amigos Ranch Subdivision No. 2, Filing 1-4 recorded December 14, 1994 as Reception No. 472116. 16. Subdivision Improvements Agreement recorded July 30, 1979 in Book 532 at Page 189 as Reception No. 296077. 17. Master Declaration of Protective Covenants for the Residential Areas of the Los Amigos Ranch P.U.D. recorded March 5, 1980 in Book 544 at Page 733 as Reception No. 302114 and amended and restated Declaration of Covenants, Conditions and Restrictions, recorded February 15, 1991 in Book 799 at Page 48 as Reception No. 421306 and Supplemental Declaration for Los Amigos Ranch PUD, recorded November 13, 1992 in Book 847 at Page 190 as Reception No. 441111, and Supplemental recorded August 12, 1998 in Book 1083 at Page 229 as Reception No. 530432, and Supplement recorded February 7, 2001 in Book 1230 at Page 709 as Reception No. 575832, and Supplemental Declaration for Los Amigos Ranch PUD, recorded September 7, 2005 in Book 1724 at Page 416 as Reception No. 681775. 18. Treasurer's Deed recorded August 27, 1980 in Book 554 at Page 692 as Reception No. 306904, and any and all assignments of record, or otherwise, thereof, or interests therein. 19. Easement recorded October 27, 1988 in Book 743 at Page 345 as Reception No. 396389, and recorded November 1, 1988 in Book 743 at Page 662 as Reception No. 396517. 20. Matters disclosed in Quit Claim Deeds recorded October 27, 1988 in Book 743 at Page 349 as Reception No. 396390 and recorded November 1, 1988 in Book 743 at Page 666 as Reception No. 396518. 21. Terms, agreements, provisions, conditions and obligations of Right of Way Easement recorded August 21, 1995 in Book 950 at Page 667 as Reception No. 482102, and rerecorded November 27, 1995 in Book 959 at Page 392 as Reception No. 485729. 22. Deed of Conveyance and Statement of Dedication recorded August 10, 1999 in Book 1144 at Page 702 as Reception No. 550327. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 660327 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 7 of 7 23. Partial Release of Right-of-Way Easement, recorded August 29, 2005 in Book 1721 at Page 37 as Reception No. 681127. (Right-of-Way and Easement recorded August 21, 1995 in Book 959 at page 392 as Reception No. 485729) 24. All Matters disclosed on the Amended Plat Lot 1, Resubdivision of Los Amigos Ranch Filing 1, recorded April 10, 2006 as Reception No. 695830. 25. Easement Vacation Map, Lot 1, Resubdivision of Los Amigos Ranch Filing No. One, recorded April 10, 2006 as Reception No. 695831. 26. Order Confirming Inclusion of Property, recorded May 9, 2006 in Book 1798 at Page 57 as Reception No. 697457. 27. Resolution No. 2008-06 recorded January 8, 2008 as Reception No. 740796. 28. Resolution No. 2008-20 recorded February 5, 2008 as Reception No. 742385. 29. Easement Agreement recorded November 10, 2008 as Reception No. 758447. 30. Agreement Concerning Restriction on Warranty Deed recorded December 18, 2009 as Reception No. 779433. 31. Resolution No. 2009-90 recorded December 22, 2009 as Reception No. 779517. 32. Resolution No. 2009-93 recorded January 4, 2010 as Reception No. 780025. 33. Declaration of Covenant recorded January 26, 2010 as Reception No. 781185. 34. Resolution No. 2010-103 recorded January 5, 2011 as Reception No. 796754. 35. Resolution No. 2013-04 recorded January 7, 2013 as Reception No. 829532. 36. Any and all existing leases and tenancies. ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 660327 ALTA Commitment For Title Insurance 8-1-16 File No.: 660327 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued: Rate TBD Title Commitment: $300.00 DISCLOSURES File No.: 660327 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A.THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B.A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT; C.INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 8-1-2, Section 5, Paragraph G requires that “Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” Provided that Stewart Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 1 will not appear on the Owner’s Title Policy and the Lender’s Title Pol icy when issue d. Note: Affirmative Mechanic’s Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A.The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B.No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C.The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and Materialmen’s Liens. D.The Company must receive payment of the appropriate premium. E.If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a.That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b.That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 660327 Revised 01-01-2020 Stewart Title Guaranty Company Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you ·request insurance-related services ·provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 File No.: 660327 Revised 01-01-2020 Effective Date: January 1, 2020 Privacy Notice for California Residents Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), Stewart Information Services Corporation and its subsidiary companies (collectively, “Stewart”) are providing this Privacy Notice for California Residents (“CCPA Notice”). This CCPA Notice supplements the information contained in Stewart’s existing privacy notice and applies solely to all visitors, users and others who reside in the State of California or are considered California Residents (“consumers” or “you”). Terms used but not defined shall have the meaning ascribed to them in the CCPA. Information Stewart Collects Stewart collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Most of the information that Stewart collects in the course of its regular business is already protected pursuant to the Gramm-Leach-Bliley Act (GLBA). Additionally, much of this information comes from government records or other information already in the public domain. Personal information under the CCPA does not include: Publicly available information from government records. Deidentified or aggregated consumer information. Certain personal information protected by other sector-specific federal or California laws, including but not limited to the Fair Credit Reporting Act (FCRA), GLBA and California Financial Information Privacy Act (FIPA). Specifically, Stewart has collected the following categories of personal information from consumers within the last twelve (12) months: Category Examples Collected? A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. YES B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES D. Commercial information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.YES E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. YES F. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.YES G. Geolocation data.Physical location or movements.YES H. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.YES I. Professional or employment-related information.Current or past job history or performance evaluations.YES J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. YES K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.YES File No.: 660327 Revised 01-01-2020 Stewart obtains the categories of personal information listed above from the following categories of sources: Directly and indirectly from customers, their designees or their agents (For example, realtors, lenders, attorneys, etc.) Directly and indirectly from activity on Stewart’s website or other applications. From third-parties that interact with Stewart in connection with the services we provide. Use of Personal Information Stewart may use or disclose the personal information we collect for one or more of the following purposes: To fulfill or meet the reason for which the information is provided. To provide, support, personalize, and develop our website, products, and services. To create, maintain, customize, and secure your account with Stewart. To process your requests, purchases, transactions, and payments and prevent transactional fraud. To prevent and/or process claims. To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law). To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. Auditing for compliance with federal and state laws, rules and regulations. Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services or other similar services. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. Stewart will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent in the course of your transaction (for example, a realtor or a lender). Stewart may disclose your personal information to a third party for a business purpose. Typically, when we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties: Service providers and vendors (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) Affiliated Companies Litigation parties and attorneys, as required by law. Financial rating organizations, rating bureaus and trade associations. Federal and State Regulators, law enforcement and other government entities In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information for a business purpose: Category A: Identifiers Category B: California Customer Records personal information categories Category C: Protected classification characteristics under California or federal law Category D: Commercial Information Category E: Biometric Information Category F: Internet or other similar network activity Category G: Geolocation data Category H: Sensory data Category I: Professional or employment-related information Category J: Non-public education information Category K: Inferences Consumer Rights and Choices The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. File No.: 660327 Revised 01-01-2020 Access to Specific Information and Data Portability Rights You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you: The categories of personal information Stewart collected about you. The categories of sources for the personal information Stewart collected about you. Stewart’s business or commercial purpose for collecting that personal information. The categories of third parties with whom Stewart shares that personal information. The specific pieces of personal information Stewart collected about you (also called a data portability request). If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained. Deletion Request Rights You have the right to request that Stewart delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to: 1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. 2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 3. Debug products to identify and repair errors that impair existing intended functionality. 4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.). 6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. 7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 8. Comply with a legal obligation. 9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it. Exercising Access, Data Portability, and Deletion Rights To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us either: Calling us Toll Free at 1-866-571-9270 Emailing us at Privacyrequest@stewart.com Visiting http://stewart.com/ccpa Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact Stewart through one of the methods mentioned above. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Stewart. Response Timing and Format We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. File No.: 660327 Revised 01-01-2020 A written response will be delivered by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Non-Discrimination Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: Deny you goods or services. Charge you a different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. Provide you a different level or quality of goods or services. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Changes to Our Privacy Notice Stewart reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on Stewart’s website and update the notice’s effective date. Your continued use of Stewart’s website following the posting of changes constitutes your acceptance of such changes. Contact Information If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: Phone: Toll Free at 1-866-571-9270 Website:http://stewart.com/ccpa Email: Privacyrequest@stewart.com Postal Address: Stewart Information Services Corporation Attn: Mary Thomas, Deputy Chief Compliance Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 File No.: 649626 Page 1 of 1 WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT File No.: 649626 Date: February 7, 2020 Customer Reference: TBD Vacant Land, Glenwood Springs, CO 81601 Legal Description: Lot 1, RESUBDIVISION OF LOS AMIGOS RANCH FILING NO. 1, According to the Plat recorded July 23, 1983 as Reception No. 344098, and Amended Plat recorded April 10, 2006 as Reception No. 695830. County of Garfield, State of Colorado Apparent Owner of Record: JJBR, LLC and 4K, LLC Deeds of Trust, Mortgages and Liens which purport to affect the above described property, as disclosed by the records of the Clerk and Recorder of Garfield County, Colorado, through the effective date of January 24, 2020: None NOTE: The vesting deed is shown as follows: Warranty Deed recorded September 24, 2014, as Reception No. 853952. The liability of Stewart Title Company, its affiliates and associates, for any errors or omissions affecting or relating to the information appearing in this report is strictly limited to the amount paid for this report. The aforementioned liability is limited to the customer who ordered this report. There are no expressed or implied warranties assuring or representing that this report is reliable for title information, and therefore, should be verified by a Commitment for Title Insurance. No representation is made as to the completeness, validity, or legal sufficiency of the documents referenced herein, nor have any of such documents been examined to determine whether or not there are any exceptions, reservations, encumbrances or other matters which might be detrimental to Title. No search has been made for any reservations, restrictions, covenants, easements, rights of way, mineral interests, water rights, and any other encumbrances which are not a deed of trust, mortgage or lien. Stewart Title Company Authorized Representative PROPERTIES WITHIN 200 FEET OF LOT 1, LOS AMIGOS RANCH FILING 1 (SECTION 5, TOWNSHIP 7, RANGE 88) HCE PROJECT NUMBER 2201007 CHECKED WITH GARFIELD COUNTY ASSESSOR ON 12/23/21 Saratoga Auburn LLC 222 S. Morgan Street, Suite 4D Chicago, IL 60607 Parcel Number 2393-054-03-002 Elk Springs Homeowners Association, Inc PO Box 3167 Glenwood Springs, CO 81602 Parcel Numbers 2393-054-07-022 2393-054-07-021 2393-054-07-019 2393-054-09-002 Elk Springs, LLC PO Box 527 Mount Prospect, IL 60054 Parcel Number 2393-054-09-001 Colorado Mountain Junior College District 802 Grand Avenue Glenwood Springs, CO 81601 Parcel Number 2393-042-00-034 Klimas, Paul C & Klimas, Carlota R 56 Pinon Drive Glenwood Springs, CO 81601 Parcel Number 2393-054-04-004 UT UTUT UE EUTUT E UE UE WV WV WV WVWV WVWV 4' CUT 11' CUT 18'-0"' SS SS SS SS SS SSSSSS S S SSSS SS UTUTUTUT UTUTUT GG SS SS WSOWWWWWW HYD GG GG W FENCE FENCE THIS DRAWING IS COPYRIGHTED AND IS THE EXCLUSIVE PROPERTY OF CHRISTIE JENSEN,LANDSCAPE ARCHITECT. IT SHALL NOT BE REPRODUCED, TRANSFERRED, OR OTHERWISE USED WITHOUT WRITTEN PERMISSION. SCHEMATIC DESIGN DEVELOPMENT WORKING DRAWING Eagle RidgeAuburn Ridge Lane • Glenwood SpringsChristie Jensenl a n d s c a p e a r c h i t e c t123 Kingfisher • Carbondale, Colorado 81623 email: christiejensen@christiejensen .commobile: 970-948-1535Date: April 12, 2021 Revised: scale: 1" = 20' north Sheet: Sept 24, 2021 Landscape Plan SL-1 3 WORKING DAYS BEFORE YOU DIG CALL 811 UTILITY NOTIFICATION CENTER OF COLORADO 1.CONTRACTOR TO VERIFY WITH OWNER AND UTILITY COMPANIES THE LOCATIONS OF ALL UTILITIES PRIOR TO CONSTRUCTION, TO DETERMINE IN THE FIELD THE ACTUAL LOCATIONS AND ELEVATIONS OF ALL EXISTING UTILITIES, WHETHER SHOWN ON THE PLANS OR NOT. THE CONTRACTOR SHALL CALL UTILITY PROTECTION SERVICE 72 HOURS PRIOR TO CONSTRUCTION. 2. ALL PLANTS SHALL BE GUARANTEED BY THE CONTRACTOR FOR A PERIOD OF ONE YEAR FROM THE DATE OF RECEIPT OF PROVISIONAL ACCEPTANCE OF THE COMPLETED INSTALLATION BY THE OWNER. 3. REPLACEMENT PLANTINGS WILL BE REQUIRED PRIOR TO FINAL ACCEPTANCE FOR ANY PLANTS WHICH ARE MISSING, NOT TRUE TO SPECIFICATIONS, HAVE DIED OR ARE UNHEALTHY OR UNCHARACTERISTIC OF THE SPECIES (DUE TO EXCESSIVE PRUNING, DIEBACK OR OTHER REASONS). 4. THE LANDSCAPE ARCHITECT'S APPROVAL IS REQUIRED FOR ANY PLANT SUBSTITUTIONS). 5. EXAMINE FINISH SURFACE, GRADES, TOPSOIL QUALITY AND DEPTH. DO NOT START ANY WORK UNTIL UNSATISFACTORY CONDITIONS HAVE BEEN CORRECTED. VERIFY LIMITS OF WORK BEFORE STARTING. 6. CONTRACTOR TO REPAIR ALL DAMAGES TO EXISTING CONDITIONS AND BEARS RESPONSIBILITY FOR SATISFACTORY PERFORMANCE. 7. LIQUIDATED DAMAGES FOR TREES DAMAGED BY CONSTRUCTION OPERATION SHALL BE $500 PER CLAIPER INCH . SHRUBS SHALL BE $100 EACH. 8. DURING CONSTRUCTION, AND UNTIL THE END OF WARRANTY PERIOD, EXISTING TREES THAT ARE SHOWING SIGNS OF STRESS AS DETERMINED BY THE LANDSCAPE ARCHITECT ARE TO BE DEEP ROOT FERTILIZED, TWO INJECTIONS PER CALIPER INCH PER TREE AT 18' -24" DEPTH WITH PETER'S 20/20/20 FERTILIZER OR LANDSCAPE APPORVED EQUAL. 9. ALL PLANT MASSES TO BE CONTAINED WITHIN DOUBLE SHREDDED HARDWOOD MULCH OR APPROVED EQUAL AND CONTRACTOR IS RESPONSIBLE FOR PROVIDING SAMPLES OF MULCH TO LANDSCAPE ARCHITECT. BARK MULCH BED 4" THICKNESS. 10. ALL PLANT BED, SHRUB AND TREE LOCATIONS SHALL BE STAKED IN THE FIELD BY CONTRACTOR FOR LANDSCAPE ARCHITECT'S APPROVAL PRIOR TO INSTALLATION. ADJUSTMENTS TO PLANT BEDS SHALL BE APPROVED BY LANDSCAPE ARCHITECT. 11 . BED LINE TO BE NO LESS THAN 18" AND NO MORE THAN 24" FROM OUTER EDGE OF PLANT MATERIAL BRANCHING . 12. ALL SHRUBS TO BE A MINIMUM OF 4'-0" FROM PAVEMENT EDGE UNLESS SPECIFICALLY NOTED OTHERWISE. 13. GENERAL CONTRACTOR IS RESPOSIBLE FOR ALL EROSION CONTROL MEASURES DURING CONSTRUCTION. 14. CONTRACTOR SHALL MAINTAIN POSITIVE DRAINAGE IN LAWN AREAS. 15. FINE GRADE LAWN AREAS TO PROVIDE A SMOOTH AND CONTINUAL GRADE FREE OF IRREGULARITIES OR DEPRESSIONS. 16.QUANTITIES SHOWN ARE INTENDED TO ASSIST CONTRACTORS IN EVALUATING THEIR OWN TAKE OFFS AND ARE NOT GUARANTEED AS ACCURATE REPRESENTATIONS OF REQUIRED MATERIALS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR HIS BID QUANTITIES AS REQUIRED BY THE PLAN AND SPECIFICATIONS. 17 .WHERE PROPOSED TREE LOCATIONS OCCUR UNDER EXISTING OVERHEAD UTILITIES OR CROWD EXISTING TREES, NOTIFY THE CONSULTANT TO ADJUST TREE LOCATIONS . 18. PRIOR TO COMMENCEMENT OF ANY CONSTRUCTION, ALL EXISTING TREES TO REMAIN SHALL RECEIVE TREE PROTECTION FENCE AT OUTER EDGE OF DRIPLINE WHENEVER POSSIBLE. Copyright SITESPEC Handbook Version ll 1991 PLANTING PLAN GENERAL NOTES A UNIT 2 STORY2BR/2BA 1215 SF +/-B UNIT2 STORY 2BR/2BA 1080 SF +/-A UNIT 2 STORY2BR/2BA 1215 SF +/- C UNIT 2 STORY 2BR/2BA968 SF +/-B UNIT 2 STORY2BR/2BA 1080 SF +/- B UNIT 2 STORY 2BR/2BA1080 SF +/- B UNIT2 STORY 2BR/2BA 1080 SF +/- C UNIT 2 STORY 2BR/2BA968 SF +/- C UNIT 2 STORY 2BR/2BA968 SF +/- C UNIT 2 STORY 2BR/2BA968 SF +/- A UNIT 2 STORY 2BR/2BA1215 SF +/-Porch/PatioPorch/PatioPorch/PatioPorch/Patio1,800 SF PARK AUBURN RIDGE LANE NATIVE GRASS MIX NATIVE GRASS MIX NATIVE GRASS MIX NATIVE GRASS MIX 2 SIBERIAN PEASHRUB NATIVE GRASS MIXNATIVE GRAS S MIX SEEDED AREAS WITH SLOPES 3:1 USE EROSION CONTROL MATTING 4 SENSATION BOX ELDER 3 CHICAGOLAND HACKBERRY 3 CHICAGOLAND HACKBERRY 2 SENSATION BOX ELDER 8 UPRIGHT SPARTAN JUNIPER PLANT LIST 3 CHICAGOLAND HACKBERRY 7 SENSATION BOX ELDER CHICAGOLAND HACKBERRY / CELTIS OCCIDENTALIS 'CHICAGOLAND' 2.5" CALIPER9 SENSATION BOXELDER / ACER NEGUNDO 'SENSATION' 2.5" CALIPER25 SPARTAN JUNIPER / JUNIPERUS CHINENSIS 'SPARTAN'6' HT.8 1,800 SF DLF TURFLINE LAWN GRASS MIX WITH MICRO CLOVER 28,000 SF PITKIN COUNTY NON IRRIGATED NATIVE GRASS MIX WITH MICRO CLOVER IRRIGATED AREA CALCULATION ALL TREES AND SHRUBS WATERED BY DRIP IRRIGATION 8 - SHADE TREES IN IRRIGATED LAWN @ 40 SF/TREE = 320 SF 8 - UPRIGHT JUNIPER @ 20 SF/SHRUB = 160 SF LAWN AT PARKS 5,315 SF NATIVE GRASS AREAS TO BE RECEIVE TEMPORARY IRRIGATION FOR FIRST TWO YEARS UNTIL ESTABLISHED ROUND RIVER COBBLE WITH WEED BARRIER FABRIC UNDERNEATH SPRING VALLEY ROAD25,000 TOTAL SQUARE FEET IRRIGATED PARK 3,515 SF PEKING COTONEASTER / COTONEASTER LUCIDUS 5 GAL .11 KARL FOERSTER FEATHER REED GRASS / CALAMAGROSTIS ACUTIFLORA 5 GAL .76 EAGLE RIDGE ENTRY SIGN 16 KARL FOERSTER FEATHER REED GRASS 20 KARL FOERSTER FEATHER REED GRASS 12 KARL FOERSTER FEATHER REED GRASS 20 - SHRUBS @ 15 SF/SHRUB = 300 SF 76 - ORNAMENTAL GRASSES @ 3 SF / PLANT = 152 SF 4 SENSATION BOX ELDER 16 SINGLE FAMILY LOTS @ 1,000 SF PER LOT = 16,000 SF 34 - SHADE TREES @ 78 SF/TREE = 2,652 SF 4 PEKING COTONEASTER 4 WOOD'S ROSE PEKING COTONEASTER3 4 PEKING COTONEASTER 8 SENSATION BOX ELDER 1 WOOD'S ROSE 3 PEKING COTONEASTER 2 GREEN VELVET BOXWOOD 28 KARL FOERSTER FEATHER REED GRASS WOOD'S ROSE / ROSA WOODSII 5 GAL .5 SIBERIAN PEASHRUB / CARAGANA ARBORESCENS 5 GAL .2 GREEN VELVET BOXWOOD / BUXUS X 'GREEN VELVET'5 GAL .2 PVC TUBING DRIVE ANCHOR BEYOND TREE PIT HOLE SIZE THE DIAMETER OF THE PLANTING HOLE SHOULD BE AT LEAST TWO TIMES THE DIAMETER OF THE ROOT BALL. NEVER CUT MAIN LEADER TREE WRAP (FALL SEASON ONLY) 5' DIAMETER RING OF MULCH FORMED IN CIRCULAR SAUCER 3" THICKNESS FINISH GRADE PLANTING MIXTURE ADD ONLY ORGANIC MATERIAL - COMPOST TO PLANTING SOIL. REMOVE ALL ROCKS FROM PLANTING MIX. SCARIFY 4" DEEP AND RECOMPACT FIRM WELL PROPORTIONED BALL. CRACKED OR MUSHROOMED BALLS ARE NOT ACCEPTABLE DETAIL: DECIDUOUS TREE STAKING SCALE : NONE 3"GENERAL NOTES: 1.) PROVIDE MULCHED CIRCULAR SAUCER FOR INDIVIDUAL PLANTS. 2.) PROVIDE FIRM WELL PROPORTIONED BALL. CRACKED OR MUSHROOMED BALLS ARE NOT ACCEPTABLE. 3.) REMOVE THE TREE FROM ALL BINDINGS, TIES, WIRES, BURLAP OR OTHER WRAPPING. FOR LARGER TREES, REMOVE ALL TIES AND AS MUCH PACKAGING MATERIAL AS POSSIBLE. DO NOT LEAVE TREES IN WIRE BASKETS OR SURROUNDED BY ANY OTHER KIND OF MATERIAL OR FABRIC. ANY MATERIALS LEFT SURROUNDING THE TREE WILL DISRUPT ROOT GROWTH AND AFFECT LONG-TERM ROOT DISTRIBUTION. DUCKBILL TREE ANCHOR SYSTEM CHOOSE PROPER ANCHORING SYSTEM FOR SIZE OF TREE CALIPER DRIVE ANCHOR BEYOND TREE PIT TREE WRAP (FALL SEASON ONLY) RIVER COBBLE 3"- 4" THICKNESS FINISH GRADE PLANTING MIXTURE ADD ONLY ORGANIC MATERIAL - COMPOST TO PLANTING SOIL. REMOVE ALL ROCKS FROM PLANTING MIX. SCARIFY 4" DEEP AND RECOMPACT FIRM WELL PROPORTIONED BALL. CRACKED OR MUSHROOMED BALLS ARE NOT ACCEPTABLE DETAIL: DECIDUOUS TREE IN GRAVEL SCALE : NONE 3"SEE TREE PLANTING DETAIL FOR ADDITIONAL NOTES March 30, 2022 Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Eagle Ridge Subdivision – Impact Analysis The development of 35 residential units sits on 7.32 acres of land. It is surrounded by single family and multi-family residential properties, open space, the Colorado Mountain College campus. The property does not include any defined drainage path and sits along a ridge line that splits the property to the north and south. The site drains moderately to the west. The existing road, Auburn Ridge Lane, will serve the subject property and also provide access to Lot 2, Auburn Ridge, and crosses the middle of the proposed development with a high point near the existing ridge line. The property currently has a number of old foundations that were built during a previous subdivision design partial construction. These structures will be removed as part of the subdivision improvements. There are also a number of utilities that were installed previously. Some of these utilities can remain in place and some will need to be relocated. There is not irrigation piping/ditches within the property that restricts the grading of the site. There is a high rock content along the ridge that the contractor will encounter it the excavation for the road and utilities. The site grading design is done with the intent to minimize cut and keep utilities as shallow as possible. There are no known geologic hazards on the property other than some existing slopes that exceed 20%. A soils report was prepared by HP Geotech that is included in the submittal package. The site is not impacted by any mapped floodplain and groundwater is not anticipated to be encountered that the proposed excavation depths. The site soils will not be used for sewage treatment as all 35 units will be connected to the existing Spring Valley Sanitation District main on the north end of the property. The domestic and irrigation water usage will come from the Red Canyon Water Company water district managed by the Elk Springs HOA. The site does not propose to dig any new wells on or outside of the property. The subject property does not change the animal migration corridors for animals in the area. The subdivision will not be fenced off at the perimeter and the density of the subdivision has been reduced from the original PUD approvals. The site is surrounded by paths in the open space and undeveloped residential land for animals to circulate to the surrounding natural vegetation. Domestic animal controls will be according to Garfield County rules and regulations. The revegetation of the property following construction includes a maximum allowed area of 25,000 square feet for irrigation landscaping. The rest of the landscaping will be revegetated with naturally occurring local vegetation. There are no bodies of water on or around the perimeter of the subject property. Drainage runoff from impervious areas will be collected in vegetated swales, drywells, and detention/retention ponds so provide water quality treatment before any downstream runoff is released from the property. 7-204 DRAINAGE AND EROSION The property will utilize curb and gutter, crosspans, and storm sewer piping to direct storm runoff to the proposed detention pond and drywells in order to detain the 25-yr, 24-hr storm event. The infrastructure must also convey the 100-yr, 24-hr storm safely within the property and control the overflow from the detention areas. Retention areas are to be emptied within 24- hours. Areas not collected and conveyed to the detention facility will be drained across vegetation areas for water treatment and not exceed the historic runoff to the associated downstream drainage basin. The construction phase of the project will require that the contractor to provide temporary fencing and straw waddles to prevent sediment from existing the site. The contractor will also be responsible for controlling dust from the site, noise mitigation, restricting hours of construction, and providing traffic control. Auburn Ridge will need to have access Daniel Dennison High Country Engineering EAGLE RIDGE SUBDIVSION ENGINEERING REPORT PREPARED FOR: Eagle Ridge Homes LLC Prepared By: HIGH COUNTRY ENGINEERING, INC. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 (970) 945-8676 March 29, 2022 TABLE OF CONTENTS INTRODUCTION ........................................................................................................................... 2 Location ................................................................................................................................ 2 Existing Land Use ................................................................................................................. 2 TRAFFIC STUDY ............................................................................................... 2 SANITARY SEWER SYSTEM ..................................................................................................... 4 Sanitary Sewer Connectivity ................................................................................................. 4 Local Sanitary Sewer System ................................................................................................ 6 WATER DISTRIBUTION SYSTEM ............................................................................................. 5 Existing Facilities .................................................................................................................. 5 Proposed Development ......................................................................................................... 6 SHALLOW UTILITIES .................................................................................................................. 7 CONCLUSION ............................................................................................................................... 8 APPENDIX Fire Hydrant Map Carbondale Rural Fire Protection District Hydrant Test Fire Flow Summary (to be updated w/ cunent District water model) INTRODUCTION Location The 7.32-acre Lot 1 of the Resubdivision of Los Amigos Ranch Filing No. 1 will be the location of the proposed Eagle Ridge Subdivision. The property is located the SE ¼ corner of Section 5 of Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County Colorado. The site is accessed from Auburn Ridge Lane via County Road 114 which is approximately 90' to the southeast of the property. The service area for the project includes 35 residential units (19 townhouse units and 16 single family units. The proposed site will contain 118 single-family and 18 cluster housing units, resulting in 136 dwelling homes. Existing Land Use The project site has had previous development plans start construction work on the site and then abandoned the job site when the project went bankrupt. There are areas of existing foundations that will need to be removed. The site areas that were overlot graded have since been covered in a sparse amount of weeds. The site also has an existing road, Auburn Ridge Lane, and many utilities that were installed across the lot. Auburn Ridge Lane was built to serve the multi-family lot to the east of the subject property. Rough grading of the previous subdivision layout was done but the proposed design does not match the earlier layouts so the proposed roads will require a full road section. Traffic Study The project site was patt of a PUD that allowed for a total of 48 units to be built on Lot 1 of the Los Amigos Filing 1. This was to be a mix of townhouses and single family houses. Based on a conservative estimate that all of the units could have been townhouses, the ITE Trip Generation, 6th Edition manual projects an Average Daily Trips (ADT) of282 trips ends (5.86 ADT/townhouse). The proposed development is proposing I 9 townhouses (5 .86 ADT /townhouse) and 16 single family houses (9.57 ADT/single family house). This new estimated ADT for the proposed 35 units is 265. This conservative estimate for the original traffic generation estimate still would net a 6% reduction in traffic generation due to the net reduction of 13 units. Therefore the proposed project does not increase the traffic volumes considered in the original Los Amigos PUD plan. The existing Anburn Ridge Lane also serves Lot 2 of the Los Amigos Filing 2. This project, Auburn Ridge, is cmTently at fill build-out and includes 48 multifamily units for a 282 ADT (5.86 ADT/townhouse). Auburn Ridge Lane was originally built to provide access for the full average daily traffic of approximately 564 trips. The proposed traffic from both projects if proposed to be reduced by 3% from the original 96 units allowed. The proposed improvements to Auburn Ridge Lane will maintain the original alignment and make improvements to portions of the road that crosses Lot 1. These improvements include improving cross-slopes, adding gravel shoulders, upgrading ditches, adding curb and gutter, and installing a crosspan to allow drainage from the east side of the development to enter the west side and be directed to the detention pond. Auburn Ridge Lane is cmTently not signed for a speed limit. The applicant is proposing that the speed limit be set to 20 mph as well as a warning sign at the crosspan for 15 mph. This will improve the safety of the proposed intersections and for the pedestrians in this high density developments. The new subdivision roads will also be signed for a speed limit of 20 mph. This includes the proposed 2-way and 1-way roads. All of these road will include curb and gutter. Sight distance calculations have been provided for the proposed intersections on Auburn Ridge Lane. The proposed 1-way intersection does not require the sight distance since it is an exit only off of Auburn Ridge Lane and has zero traffic entering Auburn Ridge Lane. SANITARY SEWER SYSTEM Sanitary Sewer System Connectivity An existing 8-inch sanitmy sewer main is located along the north property boundmy of the subject property. The sanitmy sewer main drains east to west and enters into Elk Springs Ranch (formally Los Amigos PUD). The outfall from Elk Springs Ranch crosses County Road 114 and ends up at the sewage treatment facility south of the Colorado Mountain College Campus. The sanitmy sewer plant that is rnnning at approximately 8-percent capacity (35,000-40,000 gallons per day) at last check. The plant's capacity is 500,000 gallons per day. The Spring Valley Ranch sanitary sewer main was constructed based on the full build-out of the future Lake Springs P.U.D., Los Amigos PUD, CMC Campus, as well as the entire future Spring Valley Ranch. The existing projected volume of sewage flow entering the existing 8-inch segment of mainline during average day flow is projected to be 14,400 gallons (1925 cubic feet) based on 300 gallons per day per dwelling unit ( 48 units with 4 people per unit). A 16-hour day and peak hour flow factor of 2.5 was used to establish a peak flow of 0.083 cfs in the existing pipe. The potential offsite flows and the flows generated by the proposed development will be conveyed by the existing and the proposed system of gravity sewer piping to the existing wastewater treatment plant, as outlined above. Local Sanitary Sewer System The 8-inch main that adjoins the property cutTently only has sewage from the 48 units to the east of the subject property. The applicant is proposing to add an inline manhole on the run of8-inch sewer main that exits the property. The existing 2 manholes on along the property are not accessible for the proposed lot layout. This proposed 48-inch manhole would sit at the low point of the property outside of the proposed detention pond and can collect the sewage for the entire 35 proposed units. The proposed 8-inch sewer mains will all have slopes over 2%. Each unit will have an individual 4- inch sewer service that will have a minimum slope of 2%. The proposed volume of sewage flow entering the existing 8-inch segment of mainline during average day flow is projected to be 10,500 gallons (1404 cubic feet) based on 300 gallons per day per dwelling unit (35 units with 4 people per unit). A 16-hour day and peak hour flow factor of2.5 was used to establish a peak flow of0.061 cfs added to the existing pipe. That produces a total of0.144 cfs peak flow (64.6 gal/min) entering the sewer system within Elk Springs Ranch. A table of the proposed sanitmy sewer lengths required to service the proposed development can be seen in Table 1 below. Table 1, Sanitary Sewer Improvements Required to Service Lake Springs P.U.D. Improvement Description Len,:,th of Line or Number Size of Line Gravity Sewer 1,318 feet 8-inch The sanitmy sewer design is based on the Spring Valley Ranch Sanitation District design guidelines. The average sanitary sewer flow rate for single-fmnily residential developments is 300 gallons per dwelling unit per day. The 19 multi-family homes were also assumed to have an average sanitary sewer flow rate of300 gallons per dwelling unit per day. Peak factors associated with sanitmy sewer loading rates were assumed to be 2.5. All sanitmy sewer pipes were sized for a Peak Hourly Flow, which is the Average Day Flow, not including infiltration, multiplied by the Peaking Factor. WATER DISTRIBUTION SYSTEM Existing Facilities Eagle Ridge Subdivision will connect to the existing regional water district operated by Elk Springs Homeowners Association. There is an existing 8-inch water main that crosses the proposed development. This water main provides a loop for the overall water system through Elk Spring Ranch and back to the wells to the nmiheast of the subject prope1iy. This leg of the water system already services the 48 units within Auburn Ridge to the east. There is currently 1 fire hydrant within Eagle Ridge Subdivision which is located along Aubmn Ridge Lane. The fire depmiment has tested the existing fire hydrant in Lot 1 and had a fire flow at 20 psi of 1960 gal/min. The existing water main was only partially located due to the existing C900 pipe and no tracer wire. The pipeline as located does not stay within the existing 20' water easement. The water main will have to be replaced within the existing water easement in order to stay within the platted easements. The portion of the water main ( east end) that was not located is shown to be centered in the existing water easement. The contractor will need to verify the location but this section of water line should be preserved since the proposed grade changes along Auburn Ridge Lane and negligible. The water district has asked that the number of master water meters coming off the existing main be limited in order to accurately monitor the total usage by the subdivision. Accordingly, the proposed system has been designed to accommodate that request. The district is also requiring that any fire hydrants not be on the metered water mains. Proposed Development The proposed system will have 3 separate water mains to serve the lots. Each 6-inch main will have a master water meter vault in the proposed paving. The first line will serve the 19 multi-family units and I irrigation service for the common areas. The second line will serve 10 single family lots and I irrigation service for the single family common areas. The third line will service 6 single family lots. Each residential unit will have a ¾-inch diameter water service and the irrigation services will be !- inch. Carbondale Fire Dish-ict has asked that 2 additional fire hydrants be installed in the property. One on the east and one on the west end of the development. These 3 total hydrants will provide sufficient coverage the entire development. These 6" fire lines will not be metered and can't be used for domestic use or irrigation. It is not ideal that we don't have a fully looped system but in lieu of individually metering each unit this was the direction provided by the Elk Springs HOA. These series of dead end lines reduces the fire flows and requires that a whole set of homes be dependent on a quick repair if there is any maintenance required on the water main. The water district will need to add the proposed design layout into the existing water model or provide a copy of the model to confinn the pressures and fire flow throughout the proposed system. The water district has provide early modeling feedback that the proposed layout will have acceptable fire flow as long as the existing 8-inch loop is preserved across Auburn Ridge and Eagle Ridge Subdivision. The water district has determined that due to the current usage on the system that the proposed development can only have a maximum of29.5 EQR. A single family home require 1.0 EQR (16 single family units= 16 EQR). A 2 bedroom townhouse unit requires 0.7 EQRs (19 units= 13.3 EQR). This leaves 0.2 EQRs additional water distributed across the 35 units. The landscape plan is proposing 25,000 SF (0.57 acres) ofirrigated common area and lawns. This is the amount oflandscaped area that was built into the Red Canyon Water Company's augmentation plan consumptive use limits for the original Lot I 48 unit project. This landscape area was built into the 29.5 EQR calculation allotted to the buildout of Lot I. SHALLOW UTILITIES Eagle Ridge Subdivision will connect to existing telephone, gas, and electric infrastructure that is in place within Lot I. Xcel Energy will serve the site with electricity. There is an existing transformer pad on the west side of the lot that will remain in place to serve the single family portion of the project. A second transformer will be installed on the east end of the subdivision between the 4 proposed multi-family strnctures. The existing electric service across the east end of the subdivision will be relocated along Auburn Ridge Lane and extended into Lot 2 approximately 65 feet into the existing electric vault. The existing line is in conflict with the proposed Block I and Block 2 multi-family structures. Each unit will have an individual electric service and meter. The existing overhead electric line that crosses Lot 1 will remain in place. Black Hills Energy will provide the proposed development with gas service for each of the proposed lots. There is an existing gas line that will need to be lowered but maintained in the same horizontal location that access a 50'x50' gas meter station on the property. The meter station will remain in place and the proposed site improvements allow for the 50'x50' easement to remain in place. There will be a gas easement vacated that does not include any existing gas lines. Centmylink will provide phone service to Lot 1. There are some existing cabinets along Auburn Ridge Lane that will remain in place and be used to extend to telephone pedestals throughout the subdivision. Existing underground telephone lines that access the cabinet from the west across the single family portion of the property. These line will need to be relocated to within the proposed utility easements along North Skyline Drive. CONCLUSION This utility report was prepared in compliance with the Garfield County standards and specifications. It presents the proposed sanitaiy sewer and water distribution system layout with consideration of regional demands and their impact on the proposed development. The existing segments of sanitaty mainline, to which the Eagle Ridge Subdivision will connect, has been found to be adequate. The proposed sanitmy sewer system will provide adequate capacity to serve the proposed residential development. The proposed water distribution system will need to meet peak hour demands and maximum day demands plus fire flow while maintaining adequate flow and pressure according to the current water model. The existing Elk Springs HOA water system has been found to be adequate for projected water demands at the 35 unit size. APPENDIX Hydrant Flow Test Printed: 03/03/2021 Shift Station Apparatus Test Date: 03/03/2021 Duration: 0.00 Officer In Charge: Prima1y Hydrant Tested: ELKSP042 Static Residual Pressure Drop Test Method: Pitot 130 49 81 Results in GPM/LPM: G Flow Meter Method 0.00 Base Cap Method Hydrant Coefficient: 0 Diameter of Hydrant Port: 0 Pitot Method Hydrant Pilot Opening Hydrant Outlet Discharge Coefficient Coefficient ELKSP041 22.00 2.500 0.95 I 830.74 ELKSP041 22.00 2.500 0.95 1 830.74 0.00 0.000 0.70 0.00 0.00 0.00 0.000 0.70 0.00 0.00 Total Discharge 1661.49 Total Flow: 1661 Flow at 20 psi: 1960 Flow at 10 psi: 2054 Fire Flow Summary. Page 2 JCT Max. Day Max. Day Zone Needed Available @Residual Min. Zone @JCT No. Demand Pressure No. Fire Flow Fire Flow Pressure Pressure Number (gpm) (psi) (gpm) (gpm) (psi) (psi) ------------------------------------------------------------------------------- 570 5.8 91.1 1 1005.8 1086.2 20.0 22.8 510 580 13.6 125.8 1 1013.6 1500.0 87.7 22.4 510 590 6.8 93.3 1 1006.8 1193.9 20.0 22.9 510 600 15.6 121.5 1 1015.6 1500.0 84.4 22.8 510 610 5.8 89.0 1 1005.B 1198.8 20.0 23.2 510 620 11.7 104.2 1 1011.7 1500.0 73.9 23.2 510 630 4.9 93.4 1 1004.9 1500.0 27.5 23.2 510 640 11.7 73.9 1 1011. 7 1500.0 52.6 23.5 510 650 16.5 56.7 1 1016.5 1500.0 43.3 23.7 510 660 o.o 32.9 9 1000.0 0.0* o.o o.o 0 EAGLE RIDGE TOWNHOMES DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Garfield County, Colorado TABLE OF CONTENTS ARTICLE I - RECITALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.1. The Declarant... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.2. The Property... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.3. The Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.4. The Community. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.5. The Name of the Community. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.6. The Name of the Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.7. The Plat.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 1.8. Maximum Number of Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 1.9. The Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE II - DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.1. Property.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.2. Plat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.3. Lot or Townhome Lot.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.4. Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.5. Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.6. Executive Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.7. Mortgage.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.8. Mortgagee.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.9. Common Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.10. Common Elements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.11. Limited Common Elements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.12. General Common Elements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.13. Community. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE III - TOWNHOME OWNERSHIP.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 3.1. Separate Interests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 3.2. Title.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 3.3. Enjoyment of Common Elements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 3.4. Inseparability.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 3.5. No Partition.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 3.6. Separate Titles and Taxation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 3.7. Mechanic’s Lien Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 3.8. Description of Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE IV - EASEMENTS; PARTY WALLS AND AREA SEPARATION WALLS.. . . . . . 4 Section 4.1. Plat Dedications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 4.2. Enjoyment and Access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 4.3. Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4.4. Snow Storage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4.5. Maintenance Easement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4.6. Party Wall Easements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4.7. General Law - Party Walls... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4.8. Repair and Maintenance - Party Walls... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4.9. Party Walls - Casualty.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4.10. Area Separation Walls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 4.11. Encroachments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 4.12. Constructive Grant of Reciprocal Easements.. . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE V -IMPROVEMENTS AND LOTS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 5.1. Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 5.2. The Lots... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE VI - WATER AND SEWER SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 6.1 Water. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 6.2 Sewer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 6.3 Shared Water and Sewer Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE VII - MAINTENANCE AND REPAIRS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 7.1. Auburn Ridge Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 7.2. Owner's Duties - Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 7.3. Associations Duties - Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 7.4. Association's Duties - Common Elements... . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 7.5. Parking Spaces. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 7.6. Materials.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 7.7. Maintenance Costs - Common Elements. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 7.8. Association's Right of Access.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 7.9. Owner Caused Damage.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 7.10. Association's Right to Maintain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 7.11 Declarant's Right to Maintain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 7.12. Landscaping and Lawn Care.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 7.13. Irrigation System.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 7.14. Exterior Lighting.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 7.15. Owner Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 7.16. Determination of Obligation and Supervision. . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE VIII - THE ASSOCIATION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 8.1. Purposes and Powers.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 8.2. Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 8.3. The Executive Board.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 8.4. Bylaws and Articles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 8.5. Voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 8.6. Exercise of Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 8.7. Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 8.8. Assessments for Common Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 8.9. Payment of Assessments.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.10. Periodic Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ii Section 8.11. Added Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.12. Collection of Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.13. Assessment Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.14. Budgets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.15. Audits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 8.16. Rules and Regulations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE IX- ARCHITECTURAL CONTROL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 9.1. Alterations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 9.2. Non-Liability.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 9.3. Failure To Act.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 9.4. Diligence in Completing the Work.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 9.5. Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 9.6. Construction Activities.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE X - ALLOCATED INTERESTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 10.1. Common Elements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 10.2. Liability for Common Expenses.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 10.3. Voting Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 10.4. Allocation of Interests.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 10.5. Reallocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE XI - DECLARANT'S RESERVED DEVELOPMENT RIGHTS. . . . . . . . . . . . . . . . 16 Section 11.1. Rights Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 11.2. Exercise of Development Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 11.3. Reserved Construction Easement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 11.4. Promotional Activity of Declarant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 11.5. Removal of Declarant's Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 11.6. No Interference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 11.7. Location of Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 11.8. Time Limit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 11.9. Release or Assignment of Declarant's Rights.. . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE XII - DECLARANT'S RIGHTS TO CONTROL THE ASSOCIATION . . . . . . . . . . 18 Section 12.1. This Article Controls.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 12.2. Period of Declarant Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 12.3. Voluntary Surrender. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 12.4. Association's Records.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE XIII - USE RESTRICTIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 13.1. Use of Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 13.2. No Resubdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 13.3. Leases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 13.4. Animals.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 13.5. Alterations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 iii Section 13.6. Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 13.7. Antennas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 13.8. Garbage and Trash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 13.9. Clotheslines.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 13.10. Parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 13.11. Fences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 13.12. Maintain Appearance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 13.13. Vehicle Repairs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 13.14. Trailers, Campers, Recreational and Junk Vehicles.. . . . . . . . . . . . . . . . 21 Section 13.15. Prohibitions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 13.16. No Hazardous Activities.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 13.17. Underground Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE XIV - INSURANCE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 14.1. Association to Maintain Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 14.2. Non-Availability.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 14.3. Additional Coverage Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 14.4. Adjustment of Property Loss. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 14.5. Procedures; Deductibles; Assessments.. . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 14.6. Owner's Insurance.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 14.7. Officers and Directors.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 14.8. Fidelity Bonds and Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 14.9. Managing Agent Insurance.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 14.10. Worker's Comp. and Employer's Liability Insurance. . . . . . . . . . . . . . . . 24 Section 14.11. Other Insurance.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 14.12. Insurance Expense.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 14.13. Annual Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 14.14. Duty to Repair.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE XV - ASSESSMENT CERTIFICATES AND NOTICES.. . . . . . . . . . . . . . . . . . . . . 24 Section 15.1. Assessment Certificates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 15.2. Notice of Assessment Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE XVI - GENERAL PROVISIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 16.1. Notices to Owners.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 16.2. Easement Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 16.3. Covenants to Run with the Land.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 16.4. Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 16.5. Amendments.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 16.6. Termination of Declaration.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 16.7. Restoration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 16.8. Duration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 16.9. Severability.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 iv EAGLE RIDGE TOWNHOMES DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (Garfield County, Colorado) KNOW ALL MEN BY THESE PRESENTS that Eagle Ridge Homes, LLC does hereby declare and adopt the following Declaration of Covenants, Conditions and Restrictions (the "Declaration"), which shall run with the real property hereafter described, and shall be binding upon all parties acquiring any interest therein or thereto. ARTICLE I - RECITALS Section 1.1. The Declarant. Eagle Ridge Homes, LLC (the "Declarant") is a limited liability company duly organized and existing under and by virtue of the laws of the State of Colorado. Section 1.2. The Property. The real property submitted to this Declaration is located in the County of Garfield, State of Colorado, and is described, as follows: Eagle Ridge Townhomes, Filing No. 1, according to the Plat thereof recorded as Reception No. __________ of the Garfield County, Colorado records. (the “Property”). Section 1.3. The Development. The Multi-Family Parcel, Eagle Ridge Subdivision, according to the Plat thereof recorded as Reception No. ____________ in the Garfield County, Colorado records has been approved for nineteen (19) townhomes which shall be constructed and subdivided in phases (the “Development”). Contemporaneously with recordation of the Plat for each additional Filing, a Supplemental Declaration submitting the Lots included in such Filing to this Declaration and the terms, conditions and restrictions herein contained shall be recorded in the Garfield County, Colorado records. Section 1.4. The Community. The Development shall constitute a common interest community within the meaning of the Colorado Common Interest Ownership Act (the “Act”). The Development will constitute a “condominium,” within the meaning of the Act and shall be located, in its entirety, within Garfield County, Colorado. Section 1.5. The Name of the Community. The name of the common interest community is EAGLE RIDGE TOWNHOMES. Section 1.6. The Name of the Association. The name of the Association which shall manage the Community in accordance with the provisions of the Declaration and the Act is EAGLE RIDGE TOWNHOMES ASSOCIATION. 1 Section 1.7. The Plat. The initial phase of the Development is depicted on the Final Plat of Eagle Ridge Townhomes, Filing No. 1, recorded as Reception No. of the Garfield County, Colorado records. Any reference to the Plat or the Final Plat shall include any additional Final Plats recorded for subsequent filings within the Development. Such Plat creates and establishes the final location of ___________ Townhome Lots. Section 1.8. Maximum Number of Lots. The Community shall initially include _______ Townhome Lots. Declarant reserves the right to create up to a maximum of nineteen (19) Townhome Lots. Section 1.9. The Purpose. The purpose of this Declaration is to further the interests of the Community, to protect and enhance the property values and to otherwise effectuate the terms and provisions of the Act. ARTICLE II - DEFINITIONS The following terms shall have the following meanings when used herein unless the context otherwise requires: Section 2.1. Property. “Property” means the property described in Section 1.2 above, all of which is submitted to this Declaration. Section 2.2. Plat. “Plat” means the Final Plat of Eagle Ridge Townhomes, Filing No. 1, referenced in Section 1.7 above and any additional Final Plats recorded for subsequent filings within the Development. Section 2.3. Lot or Townhome Lot. The term “Lot” and the term “Townhome Lot” are interchangeable. Each term means a physical portion of the Development designated for separate ownership and shall refer to any of the numbered Lots shown on the Plat or on the Final Plat of any filing hereafter submitted to this Declaration. Section 2.4. Owner. “Owner” or “Lot Owner” means and refers to any person or entity, including the Declarant, at any time owning a Lot. Section 2.5. Association. “Association” means and refers to EAGLE RIDGE TOWNHOMES ASSOCIATION, a Colorado corporation not for profit. Section 2.6. Executive Board. “Executive Board” means the Executive Board of the Association. Section 2.7. Mortgage. “Mortgage” means and refers to any Mortgage, deed of trust or other security instrument by which a Lot or any part thereof is encumbered. 2 Section 2.8. Mortgagee. “Mortgagee” means and refers to any person or entity named as a Mortgagee or beneficiary under any deed of trust or Mortgage under which the interest of any Owner is encumbered. Section 2.9. Common Expenses. “Common Expenses” means and refers to expenditures made or liabilities incurred by or on behalf of the Association, together with any allocations to reserves. Section 2.10. Common Elements. “Common Elements” means and includes all parts of the Development, grounds, improvements, installations and facilities which are not included within a Lot. Section 2.11. Limited Common Elements. “Limited Common Elements” means a portion of the Common Elements allocated by the Declaration for the exclusive use of one (1) or more Lots, but fewer than all the Lots. Section 2.12. General Common Elements. “General Common Elements” means the Common Elements exclusive of the Limited Common Elements. Section 2.13. Community. “Community” means and includes all the property submitted to this Declaration. ARTICLE III- TOWNHOME OWNERSHIP Section 3.1. Separate Interests. The Property shown on the Plat is hereby divided into separate fee simple interests in the individual Lots depicted thereon. The ownership of a Lot includes and is subject to the easements, rights, and obligations created by this Declaration and the By-Laws of the Association. Section 3.2. Title. Title to a Lot may be held or owned by any person or entity in any manner by which title to any other real property may be held or owned in the State of Colorado. Section 3.3. Enjoyment of Common Elements. Subject to the limitations contained in this Declaration, every Owner shall have the nonexclusive right to use and enjoy the General Common Elements and the exclusive right to use and enjoy both Limited Common Elements designated by the Plat or this Declaration for the exclusive use of or pertinent to such Owner’s Lot. Section 3.4. Inseparability. Every conveyance, transfer, gift, devise, encumbrance, or other disposition of a Lot, or any part thereof, shall be presumed to be a conveyance, transfer, gift, devise, encumbrance, or disposition, as the case may be, of the entire Lot, together with all appurtenant rights created by this Declaration. No part of a Lot or of the legal rights appurtenant thereto may be separated from any other part thereof. Section 3.5. No Partition. No Owner may bring any action for partition of the Common Elements. 3 Section 3.6. Separate Titles and Taxation. Each Lot, together with its interest in the Common Elements, constitutes for all purposes a separate parcel of real estate and must be separately assessed and taxed. The value of the Common Elements shall be assessed proportionately to each Lot in accordance with such Lot’s allocated interest in the Common Elements. The Common Elements shall not be separately taxed or assessed. Upon the filing for recordation of this Declaration and the Plat, the Declarant shall deliver a copy of such filing to the Assessor of Garfield County, Colorado. Thereafter, all taxes, assessments, and other charges of the State, or any political subdivision, or of any special improvement district, or of any other taxing or assessing authority shall be assessed against and collected on each Lot, each of which shall be carried on the tax roles as a separate and distinct parcel for that purpose. No forfeiture or sale of any Lot for delinquent taxes, assessments, or other governmental charges shall divest or in any way affect the title of the other Lots. Section 3.7. Mechanic’s Lien Rights. No labor performed or materials furnished for use in connection with any Lot with the consent or at the request of an Owner, his agent, or subcontractor shall create any Mechanic’s Lien or right to file a statement of Mechanic’s Lien against the Lot of any other Owner, or against any interest in the Common Elements. Section 3.8. Description of Lots. Every deed for the conveyance of a Lot and every other instrument affecting title to a Lot shall identify the County in which the Lot is located and may describe that Lot by the number shown on the Plat with appropriate reference to the Plat and to this Declaration, as each shall appear in the records of Garfield County, Colorado, in the following fashion: Lot , Block _________, EAGLE RIDGE TOWNHOMES, Filing No. 1 according to the Plat thereof recorded as Reception No. and the Declaration recorded as Reception No. of the Garfield County, Colorado records. Lots shown on the Plat of any subsequent filing shall be described in similar fashion; however, the description shall reference both this Declaration and the Supplemental Declaration which submits the filing to this Declaration. ARTICLE IV - EASEMENTS; PARTY WALLS AND AREA SEPARATION WALLS Section 4.1. Plat Dedications. All dedicated easements shown on the Plat or provided herein are hereby dedicated or reserved for the purposes intended. Section 4.2. Enjoyment and Access. Every Owner shall have a non-exclusive right and an easement appurtenant to his Lot for the enjoyment and use of the Common Elements and for access to his Lot, including an easement for ingress and egress for pedestrian traffic over, through, and across sidewalks, paths, walks, and lanes as the same may from time to time exist upon the Common 4 Elements and for pedestrian and vehicle traffic over, through, and across such roads, drives and parking areas as from time to time may be paved and intended for such purposes. Section 4.3. Utilities. There is hereby created a blanket easement over, across, and through the Property, to install, repair, replace, and maintain all utilities, including, without limitation, water, sewer, gas, telephone, electricity, cable tv, telecommunications and internet services. The Property shall also be subject to a blanket easement in favor of the Association to install, maintain, repair, replace or reconstitute utility service lines, irrigation and sprinkler systems, fixtures, equipment and facilities serving the Lots. Section 4.4. Snow Storage. All areas of the General Common Elements not used for roadway, sidewalk or driveway purposes shall be subject to an easement for the deposit and storage of snow removed from the roadways, sidewalks and driveways located within the Common Elements, provided that snow shall not be stored within five (5) feet of any building existing on any Lot. Section 4.5. Maintenance Easement. The Common Elements, and to the extent necessary, the Lots themselves, shall be subject to a non-exclusive right and easement in the Association, including its agents, employees, contractors, and subcontractors, as may be necessary or appropriate for the performance of the duties and functions which the Association is permitted or obligated to perform under this Declaration and for providing maintenance and repairs. Section 4.6. Party Wall Easements. Mutual reciprocal easements are hereby established, declared and granted for all party walls between improvements constructed or to be constructed on the Lots, which reciprocal easements shall be for mutual support and shall be governed by this Declaration. Every Deed, whether or not expressly so stating, shall be deemed to convey and to be subject to such reciprocal easements. Section 4.7. General Law - Party Walls. Each wall which is built as a part of the original construction of the townhomes within the Development and placed on the dividing line between the Lots shall constitute a party wall. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 4.8. Repair and Maintenance - Party Walls. The cost of reasonable repair and maintenance of any party wall shall be borne equally by the Owners on either side of the party wall. If one of the Owners refuses to pay his proportionate share of the cost of repair or maintenance, then the other Owner may cause the party wall to be repaired and shall be entitled to assess the share of the cost attributable to the adjoining Owner against the non-paying adjoining Owner’s Lot, and the same shall become and remain a lien against said Lot until fully paid. Said lien may be foreclosed in the manner provided by law for the foreclosure of a mortgage on real property. Section 4.9. Party Walls - Casualty. If a party wall is destroyed or damaged by fire or other casualty not covered or not fully covered by the insurance to be maintained by the Association, any 5 Owner served by the wall may restore it or complete the restoration and the other Owner also served by the party wall shall contribute to the cost of restoration thereof an equal, proportionate share, without prejudice however, to the right of any such Owner to call for a larger contribution from other Owner under any rule of law regarding liability for negligent or willful acts or omissions. If one Owner causes the party wall to be restored or completes the restoration, and any other Owner served by the party wall does not contribute his full allocable share to the costs incurred by the Owner who caused the party wall to be restored, the costs attributable to the non-paying adjoining Owner shall be assessed against that Owner’s Lot and the same shall become and remain a lien against said Lot until fully paid. Said lien may be foreclosed in the manner provided by law for the foreclosure of a mortgage on real property. Section 4.10. Area Separation Walls. The foregoing paragraphs pertaining to Party Walls shall not apply to Area Separation Walls constructed on each side of the dividing line between the Lots, with a small air gap in between. Each Area Separation Wall serves a separate dwelling unit. The responsibility and cost of repair and maintenance of an Area Separation Wall shall be borne solely by the Owner of the dwelling unit served thereby. Section 4.11. Encroachments. If a dwelling unit should encroach upon another Lot by reason of original construction or by the non-purposeful or non-negligent act of the Owner, then an easement appurtenant to such encroaching dwelling unit, to the extent of such encroachment, shall exist so long as such encroachment shall exist. If any Common Element shall encroach upon any Lot by reason of original construction, or the non-purposeful or non-negligent act of the Association, then an easement appurtenant to such Common Element to the extent of such encroachment shall exist so long as such encroachment shall exist. Section 4.12. Constructive Grant of Reciprocal Easements. All conveyances of Lots hereafter made, whether by the Declarant or otherwise, shall be construed to grant and reserve such reciprocal easements as shall give effect to the preceding Sections of this Article, even though no specific reference to such easements appear in the conveyance. Such easements and covenants are intended and hereby are declared to run with the land and to be appurtenant to the respective Lots, and each of them. ARTICLE V -IMPROVEMENTS AND LOTS Section 5.1. Improvements. Eagle Ridge Townhomes, Filing No. 1, shall consist of one (1) building containing __________ Townhomes and Common Elements as more particularly described in this Declaration and set forth on the Plat. Additional townhomes may be developed within the Development and submitted to this Declaration. Section 5.2 The Lots. Each Lot shall include that part of the Property that lies within the boundaries of such Lot as shown on the Plat, together with the appurtenant rights and easements in the Common Elements. 6 ARTICLE VI - WATER AND SEWER SERVICES Section 6.1 Water. Potable water shall be supplied by the Elk Springs Homeowners Association, Inc., a Colorado non-profit corporation. The Association shall operate, repair and maintain the water system within the Development. Lot Owners shall have external water meters on all dwelling units as a condition of final Certificate of Occupancy. Each Lot Owner’s water usage shall be limited to _________ gallons per month and shall be metered and strictly enforced. Section 6.2 Sewer. Sanitary sewer service shall be provided by Spring Valley Sanitation District. Subject to the provisions of Section 6.3 below, the Association shall operate, repair and maintain the sewer system within the Development. Section 6.3 Shared Water and Sewer Facilities. (a) All costs associated with maintaining, repairing or replacing any water line or associated facilities which serve more than one Lot shall be shared equally among the Lots served thereby and any such maintenance, repair or replacement work shall be coordinated by the Association. (b) All costs associated with maintaining, repairing or replacing any sewer line or associated facilities which serve both the Development and neighboring Eagle Ridge Homes shall be shared equally among the Lots within the Development and those within Eagle Ridge Homes served thereby. Any such maintenance, repair or replacement work shall be coordinated between the Association and the Eagle Ridge Homeowners Association and each association shall be responsible to collect and pay all costs allocated to lots represented by such association. ARTICLE VII - MAINTENANCE AND REPAIRS Section 7.1. Auburn Ridge Road. Auburn Ridge Road serves the Development and adjacent properties and is subject to that certain Road Maintenance Agreement recorded as Reception No. __________ of the Garfield County, Colorado records (the “Auburn Ridge Road Maintenance Agreement”). The Association shall be responsible to participate in and contribute to the maintenance and repair of Auburn Ridge Road in accordance with the terms and provisions of the Auburn Ridge Road Maintenance Agreement. Section 7.2. Owner's Duties - Lots. Each Owner shall be responsible for maintenance and repair of the interior of such Owner’s townhome, and all plumbing, sewers, drains, pipes, electrical wiring and heating, cooling and ventilation facilities and systems serving only such Owner’s townhome or Lot. Common trunk lines and other common facilities shall be the obligation of the Association. All shutters, awnings, window boxes, doorsteps, entryways, stoops, porches, balconies and patios and all exterior doors and windows, frames, glass, and stairs used or allocated solely to a particular Lot shall be maintained by the Owner of that Lot. Each Owner shall be responsible for the removal of snow from the driveway and walkways located within and serving such Owner’s Lot. 7 In performing such maintenance or repair, or in improving or altering a Lot, an Owner shall obtain all necessary permits and licenses, and shall comply with all applicable laws, rules and regulations, including the rules and regulations of the Association. Notwithstanding the foregoing, no Owner shall do any maintenance, repair or improvement work that impairs the structural soundness of the building in which such Owner's townhome is located or that interferes with any easement. No Owner shall have the right to make or cause to be made any additions, alterations or repairs to the Common Elements. Section 7.3 Associations Duties - Lots. The Association shall maintain and keep in good condition and repair the following improvements within or which form a part of the Lots: (a) The exterior surfaces of the buildings, including the roofs; (b) Any yard or landscaped areas; (c) The driveway serving each Lot (does not include snow removal which shall be the Owner’s responsibility); (d) All irrigation systems, or portions thereof, serving the Development; (e) All fences located within the Development; (f) The common utility trunk lines located within a Lot that also serve one or more other Lots; and (g) Any enclosures, sheds or general utility rooms having heating plants or other facilities which serve more than one Lot. The Association may assume other maintenance duties with respect to the buildings, courtyards, sidewalks and grounds located within the boundaries of the Lots on a non-discriminatory basis but shall have no obligation to do so. Section 7.4. Association's Duties - Common Elements. The Association shall be responsible for the maintenance and repair of all the Common Elements. Without limiting the generality of the foregoing, the Association shall provide lawn, grounds and landscaping care, shall water, trim, prune and winter wrap trees and shrubs, maintain and operate the irrigation system for the benefit of the Community and otherwise maintain and keep in good repair and condition all sidewalks, yards, grounds, greenbelt areas, all drives and parking areas, traffic control devices and signage, recreational equipment and all other improvements and facilities which form a part of the Common Elements. The Association shall provide for the removal of snow from steps, stairs, walkways, sidewalks, roadways, drives and parking lots which form a part of the Common Elements. The Association shall provide for the removal of snow and ice from the roofs and gutters, as and when necessary or otherwise advisable. The Association shall maintain the Common Elements to substantially the same or better standards as originally installed. 8 Section 7.5. Parking Spaces. Notwithstanding anything herein contained to the contrary, all parking spaces, whether or not designated a Limited Common Element assigned to a particular Lot, shall be maintained exclusively by the Association. The Association shall keep and maintain the markings and striping which delineates the parking spaces in good condition and well evident. Section 7.6. Materials. Insofar as the party walls, Area Separation Walls, the utility services and facilities, the irrigation system, the exterior portions of the buildings and any fences are concerned, the Association shall have the sole discretion in determining the kind and type of materials to be used in all maintenance and repair work performed, whether the work be performed by the Association or an Owner. Section 7.7. Maintenance Costs - Common Elements. The costs incurred by the Association in connection with the maintenance and repair obligations associated with Auburn Ridge Road and the costs of the maintenance, repair and upkeep of the Common Elements and those portions of the Lots to be maintained by the Association shall be a Common Expense of all the Owners; provided that, the cost of any such maintenance, repair and upkeep necessitated by excessive wear or abuse caused by or attributable to the Owner or Owners of one or more of the Lots, may by resolution adopted by the Executive Board, be assessed to the Owner or Owners responsible for the excessive wear or abuse in such proportions as the Executive Board, in its sole discretion, determines to be proper. Section 7.8. Association's Right of Access. To perform the maintenance and repairs, the Association shall have the right of access to any Lot during reasonable hours, or at any time for the purpose of making emergency repairs necessary to prevent damage to the Common Elements or to other Lots. The costs of repairing any damage to a Lot resulting from entry therein for the purpose of repairing or maintaining the Common Elements or preventing damage to the Common Elements or another Lot, shall be a Common Expense of all the Owners. Section 7.9. Owner Caused Damage. Notwithstanding the foregoing, if damage to the Common Elements or to any Lot is caused by the negligence or intentional act of an Owner or if entry into a Lot is required because of any negligence or intentional act on the part of an Owner, such Owner shall pay, or reimburse the Association, for all costs of repairing such damage and shall be liable to the Association and the other Owners for all additional losses or expenses suffered as a result of his negligence or intentional acts, including without limitation, reasonable attorney's fees. Section 7.10. Association's Right to Maintain. If in the sole judgment of the Executive Board, any Owner has failed to keep and maintain his townhome or Lot in good condition and repair, the Association may, after thirty (30) days notice to the Owner, perform all work necessary to maintain the townhome or Lot in good condition and repair and the Association shall have access to the townhome or Lot for such purposes. The Owner shall reimburse the Association for the cost of such work. Section 7.11. Declarant's Right to Maintain. If, in the sole judgment of Declarant, the Association has failed to keep and maintain the Common Elements in good condition and repair, the Declarant may, after thirty (30) days notice to the Association, perform all work necessary to 9 maintain the Common Elements in good condition and repair and Declarant shall have access to any Lot and the Common Elements for such purposes. The Association shall reimburse Declarant for the cost of such work, which shall be a Common Expense of all Owners. Section 7.12. Landscaping and Lawn Care. Any landscaping in addition to that provided by the Declarant in connection with the initial construction of the buildings shall be at the discretion of the Association and subject to the prior approval of the Executive Board, which may assess a review fee. The Association shall provide lawn care with respect to the Common Elements and all yard or landscaped areas of the Lots and the costs associated therewith shall be a Common Expense to all Owners. For purposes of this section, in addition to mowing the grass, the term “lawn care” includes trimming, maintaining and caring for trees, plants, shrubs, flowers and other ornamental landscaping. Section 7.13. Irrigation System. The Association shall maintain, repair and operate all irrigation systems serving the Development and the costs associated therewith shall be a Common Expense to all the Owners. The Association shall have the right of access to any Lot during reasonable hours to accomplish such tasks or at any time for the purpose of making emergency repairs to prevent damage to the Lots or Common Elements. Notwithstanding the foregoing, if damage to an irrigation system is caused by the negligence or intentional act of an Owner, such Owner shall pay or reimburse the Association for all costs of repairing such damage and shall be liable to the Association and the other Owners for all additional damage, losses and expenses resulting therefrom. Section 7.14. Exterior Lighting. The Association shall be responsible to maintain and repair all exterior lighting fixtures. No Owner shall alter or change any exterior lighting fixture or replace exterior light bulbs with higher wattage bulbs. Section 7.15. Owner Responsibility. Any maintenance or repair required by reason of the willful or negligent act of the Owner, members of his family or guests, tenants or occupants of the Owner's Lot, shall be attributed to the Owner and shall be the responsibility and obligation of such Owner. The Association shall have the right to perform any such maintenance or repairs and recover such costs from the Owner responsible. Section 7.16. Determination of Obligation and Supervision. The responsibility for the performance of any maintenance, repair, lawn care, snow removal or other work not expressly delineated above shall be determined by the Association. In the event any dispute should arise as to the construction or interpretation of the foregoing Sections, the determination with regard thereto made by the Association shall be conclusive. The Association shall have the right to prescribe minimum standards with regard to an Owner's performance of any maintenance for which the Owner is responsible. The Owner shall comply with all guidelines and requirements prescribed by the Association in this connection, and in furtherance hereof, the Association shall have the right to require any Owner at any time, to forthwith correct any repair or any maintenance deficiency then existing. 10 ARTICLE VIII - THE ASSOCIATION Section 8.1. Purposes and Powers. The Association through the Executive Board or a Managing Agent shall perform the functions and manage property as provided in this Declaration so as to further the interests of the Lot Owners in the Development. The Association shall have all the powers necessary or desirable to effectuate such purposes. Section 8.2. Membership. Every Owner shall be entitled and required to be a member of the Association. An Owner shall be entitled to one (1) membership for each Lot owned. Each such membership shall be appurtenant to and inseparable from the Lot upon which it is based, and shall be transferred automatically by the transfer (in whatsoever form) of that Lot. Ownership of a Lot shall be the sole qualification for membership. No person or entity other than an Owner may be a member of the Association. Section 8.3. The Executive Board. The affairs of the Association shall be managed by an Executive Board which may by resolution delegate any portion of its authority to an Executive Committee or to a Managing Agent for the Association. There shall be no fewer than three members of the Executive Board, the specific number to be set forth from time to time in the Bylaws. Section 8.4. Bylaws and Articles. The purposes and powers of the Association and the rights and obligations with respect to Owners set forth in this Declaration may and shall be amplified by provisions of the Articles and Bylaws of the Association. Section 8.5. Voting. Each Lot shall be entitled to one (1) vote. Owners of more than one (1) Lot shall have the right to cast the aggregate number of votes that the Lots which they own represent. If any Lot is owned by multiple parties, all such parties shall be members. If only one (1) of the multiple Owners of a Lot is present at a meeting of the Association, such Owner is entitled to cast all the votes allocated to that Lot. If more than one (1) of the multiple Owners are present, the votes allocated to that Lot may be cast only in accordance with the agreement of a majority in interest of the Owners. There is a majority agreement, if any one (1) of the multiple Owners casts the votes allocated to that Lot without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot. In no event shall more votes be cast with respect to any Lot than the total number of votes allocated to that Lot. No vote(s) allocated to a Lot owned by the Association may be cast. Cumulative voting shall not be permitted in the election of the Executive Board or for any other purpose. Section 8.6. Exercise of Powers. The Association may exercise any right or privilege given it expressly by this Declaration, by the Act or otherwise by law, and every other right, privilege, and power reasonably to be implied from this Declaration or reasonably necessary to effectuate its function and purposes. Section 8.7. Assessments. The Association shall have the right to levy and make assessments for Common Expenses, in accordance with this Declaration and its By-Laws, for the following purposes: 11 (a) To promote the recreation, health, safety, and welfare of the Owners and the residents of the Development; (b) To pay the costs and expenses of maintaining Auburn Ridge Road as allocated to the Association pursuant to the Auburn Ridge Road Maintenance Agreement; (c) To pay the costs and expenses allocated to lots within the Development in connection with maintaining, repairing or replacing any sewer line, water line or associated facilities which serve both the Development and neighboring Eagle Ridge Homes; (d) To pay the costs and expenses of maintaining the Common Elements and those portions of the Lots to be maintained by the Association as set forth in this Declaration; (e) To pay the premiums for all insurance which the Association is required or permitted to maintain; (f) To pay taxes and special assessments levied against any property of the Association, whether real or personal; (g) To provide lawn, grounds and landscaping care for the Common Elements and to otherwise maintain the Common Elements; (h) To pay the costs and expenses of maintaining, repairing and operating the irrigation system serving the Development; (i) To provide lawn, grounds and landscaping care for all yard or landscaped areas; (j) To provide for the removal of snow from sidewalks, roadways, driveways and parking areas which form a part of the Common Elements and from the roofs and gutters as needed; (k) To pay all charges for lighting, utilities, irrigation water, trash removal and other services attributable to the Common Elements; (l) To pay wages for Association employees, Association management expenses legal and accounting fees; (m) To pay any deficit remaining from any previous assessment period; (n) To create a reasonable contingency reserve, surplus and/or sinking fund; 12 (o) To pay any other expenses and liabilities which may be incurred by the Association for the benefit of the Owners under or by reason of this Declaration, its Articles of Incorporation or By-Laws; and (p) For any other purpose permitted by the Act. Section 8.8. Assessments for Common Expenses. Each Owner shall pay his prorata share of the Common Expenses. Such proration shall be made on the basis of each Owner's allocated interest in the Common Elements. Nothing contained in this subsection shall prohibit certain Common Expenses from being apportioned to a particular Lot or Lots as provided elsewhere in this Declaration. Section 8.9. Payment of Assessments. Each Owner shall pay to the Association, in accordance with its By-Laws, such assessments as may be periodically made by the Association. Until the Association makes an assessment for Common Expenses, the Declarant shall pay all Common Expenses. Section 8.10. Periodic Assessments. After any assessment has been made by the Association, assessments shall thereafter be made monthly or on such other periodic basis as the Executive Board shall determine, but no less frequently than annually, and shall be based on a budget adopted no less frequently than annually. Section 8.11. Added Charges. The Association may impose charges for late payment of assessments, recover reasonable attorney's fees and other costs of collection and levy fines for violations of the Declaration, the By-Laws or the Rules and Regulations of the Association. All such charges shall be enforceable as assessments. Any past due Common Expense assessment or installment shall bear interest at the rate of eight percent (8%) per annum or at such greater rate as may be established by the Executive Board, but not exceeding twenty-one percent (21%) per annum. Section 8.12. Collection of Assessments. The Association shall have the right to bring an action at law against the Owner personally obligated to pay any delinquent assessment or fines. Section 8.13. Assessment Liens. The Association shall also have a statutory lien on any Lot for any assessment levied against that Lot or fines imposed against the Lot Owner. The amount of the lien shall include any fees, charges, late charges, attorney's fees, fines and interest. This Declaration constitutes record notice and perfection of the statutory lien. No further recordation of any claim of lien or assessment is required. The statutory lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within six (6) years after the full amount of the assessments become due. The Association's lien for assessments and enforcement rights in respect thereto shall be governed by the applicable provisions of the Act, as now in effect or hereafter amended. Section 8.14. Budgets. It shall be the duty of the Executive Board to formulate and propose a budget of expenses, not less frequently than annually. Within ninety (90) days after adoption of 13 any proposed budget for the Community, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all the Lot Owners (members) and shall set a date for a meeting of the Lot Owners to consider the budget. Such meetings shall occur within forty-five (45) days after mailing or other delivery of the summary. The Executive Board shall give notice to the Lot Owners of the meeting in accordance with the Bylaws. The budget proposed by the Executive Board shall not require approval from the Lot Owners and it will be deemed approved by the Lot Owners in the absence of a veto at the noticed meeting by a majority of all Lot Owners, whether or not a quorum is present. In the event that the proposed budget is vetoed, the periodic budget last proposed by the Executive Board and not vetoed by the Lot Owners must be continued until a subsequent budget proposed by the Executive Board is not vetoed by the Lot Owners. Section 8.15. Audits. The books and records of the Association shall be subject to an audit, using generally accepted auditing standards, or a review, using statements on standards for accounting and review services, at least once every two (2) years by a person selected by the Executive Board. Such person need not be a certified public accountant except in the case of an audit. An audit shall be required under this Section only when both of the following conditions are met: (a) The Association has annual revenues or expenditures of at least Two Hundred Fifty Thousand Dollars ($250,000); and (b) An audit is requested by the Owners of at least one-third (1/3) of the Lots represented by the Association. Copies of an audit or review under this Section shall be made available upon request to any Lot Owner beginning no later than thirty (30) days after its completion. Section 8.16. Rules and Regulations. In furtherance of the intent, purposes and provisions of this Declaration, rules and regulations may be adopted, amended or repealed from time to time by the Executive Board. All rules and regulations adopted by the Association shall be applied uniformly in a non-discriminatory manner. The Executive Board may also establish and enforce penalties and fines for the infraction of any rule or regulation, which fines shall be collectable as assessments in the manner provided above. ARTICLE IX- ARCHITECTURAL CONTROL Section 9.1. Alterations. No structural alterations or additions to a townhome or Lot nor any alteration of the Common Elements shall be undertaken unless the complete plans and specifications have been first submitted to and approved in writing by the Executive Board. Upon the review of any plans, specifications or submittals, the Executive Board may require that the Applicant(s) reimburse the Committee for any actual expense incurred with engineers, architects, attorneys or other professionals in reviewing such plans and specifications. The Executive Board 14 shall not arbitrarily refuse to permit an Owner to make reasonable modifications to that Owner's Lot, as long as such modification is not materially detrimental or injurious to other Lots or the Common Elements. The Executive Board may impose special conditions or requirements in connection with any such alterations. Section 9.2. Non-Liability. No review or approval by the Executive Board of any alteration or improvement shall be deemed approval of the alteration or improvement for compliance with building codes or other governmental laws and regulations, nor shall it be deemed approval for safety purposes. Section 9.3. Failure To Act. Any decision of the Executive Board concerning an Owner's request to perform Lot alterations or improvements shall be made within ninety (90) days after receipt of all plans, specifications and submittals required by the Executive Board, unless such time period is extended by mutual agreement. The decision shall be in writing and if the decision does not approve the improvement proposed, the reason shall be stated. The decision shall be promptly transmitted to the Applicant at the address furnished by the Applicant. Any request for approval shall be deemed approved unless disapproval or a request for additional information is transmitted to the Applicant by the Executive Board within ninety (90) days after the date the Application and all information and materials required have been submitted. Section 9.4. Diligence in Completing the Work. Following approval of any proposed improvement, the improvement shall be completed by the Owner as promptly and diligently as practicable in substantial conformance with the submittals made and in accordance with all conditions imposed by the Executive Board. Section 9.5. Inspection. The Executive Board or its representative shall have the right to inspect the Lot and the work prior to, during and after completion. Section 9.6. Construction Activities. The Executive Board may promulgate Rules and Regulations concerning the construction activities associated with any such alterations or improvements. ARTICLE X - ALLOCATED INTERESTS Section 10.1. Common Elements. Each Lot’s undivided interest in the Common Elements shall be a fractional share, the numerator of which shall be the square footage of the Townhome or Dwelling Unit located on the Lot and the denominator of which shall be the square footage of all Townhomes or Dwelling Units submitted to this Declaration combined. The resulting fractional interest shall be converted and expressed as a percentage interest, rounded to the nearest one hundredth (1/100th) of a percentage point where practicable. However, in order for the sum of the percentage interests in the Common Elements to equal one hundred percent (100%), the rounding necessary to express a Lot’s percentage interest may include the rounding of a fractional percentage point to either the next higher or the next lower one hundredth (1/100th) of the percentage point, regardless of which is nearest. 15 Section 10.2. Liability for Common Expenses. Each Lot’s share of liability for Common Expenses shall be in the same percentage as the Unit’s percentage interest in the Common Elements, however, nothing contained in this Article shall prohibit certain Common Expenses from being apportioned to a particular Lot or Lots as provided elsewhere in this Declaration. Section 10.3. Voting Rights. The voting rights shall be allocated equally among the Lots as elsewhere provided in this Declaration. Section 10.4. Allocation of Interest. With reference to the foregoing criteria, the interest of each Lot has been determined and is hereby allocated as follows: Square Undivided Interest In Liability for Lot & Block Footage Common Elements Common Expenses Lot 1, Block 1 %% Lot 2, Block 1 %% Lot 3, Block 1 %% Lot 4, Block 1 %% Lot 5, Block 1 % % Total 100% 100% The foregoing allocation of interest shall be deemed binding and conclusive, subject however, to the provisions of Section 10.5 below. Section 10.5. Reallocation. The allocated interests shall be adjusted as additional Lots are submitted to this Declaration. In each and every case, the fraction or percentage of undivided interest in the Common Elements, and liability for Common Expenses of the Association shall be reallocated among all of the Lots then submitted to this Declaration in the manner described above. By virtue of this Section, such allocations are automatically so adjusted upon the addition of any Lots to the Community. ARTICLE XI - DECLARANT'S RESERVED DEVELOPMENT RIGHTS Section 11.1. Rights Reserved. The Declarant hereby reserves, to the fullest extent permitted by law, the following development rights and the right to supplement and amend this Declaration in the exercise of all or any of the following development rights: (a) The right to construct and complete the Lots and Common Elements shown on the Plat in any sequence and order that the Declarant shall determine; (b) The right to construct and submit to this Declaration additional Filings approved for the Multi-Family Parcel, Eagle Ridge Subdivision to include up to fourteen (14) additional Townhome Lots, in any sequence and order that the Declarant shall determine; 16 (c) The right to construct underground utility lines, pipes, wires, ducts, conduits and other facilities across any portion of the Development for the purpose of furnishing utilities and other services to buildings and improvements to be constructed within the Development; (d) The right to withdraw and grant easements and licenses to public utility companies and to convey improvements within those easements anywhere in the Development not occupied by buildings for the purposes mentioned; (e) The right to reconfigure all or any of the Lots, Blocks and Common Elements with the approval of Garfield County, Colorado; (f) The right to prepare, execute and record an Amendment or Amendments to this Declaration, by way of a Supplemental Declaration or otherwise, assigning or reassigning identifying numbers to each Lot created and describing the Common Elements thereby changed or created and to prepare, execute and record therewith, an additional, supplemental or amended Plat depicting and addressing the matters required by the Act or deemed proper by the Declarant in connection with any such amendment; (g) To exercise the “Special Declarant Rights” defined in the Act, including the rights to construct and complete the improvements, to exercise any development right, including those expressly reserved in this Declaration, to maintain sales offices, management offices, model townhomes and signs advertising the Development, to use easements through the Common Elements for the purpose of making improvements within the Development and to appoint and to remove any officer of the Association or any Executive Board member during the period of Declarant control herein set forth. Section 10.2. Exercise of Development Rights. Any development right may be exercised with respect to different portions of the Development, at different times and in such sequence as the Declarant may determine. No assurances are made as to which portions of the Development may be subjected to the exercise of each development right, or in which order each development right may be exercised or applied to any portion of the Development. If any development right is exercised in any portion of the Development, that development right need not be exercised in all or any portion of the remainder of the Development. The exercise of development rights with respect to some portions of the Development will not obligate the Declarant to exercise any development rights as to other portions. No assurances are made by Declarant as to whether Declarant will exercise its development rights herein reserved or any of them or as to the order in which any portion of the Property may be developed. Section 11.3. Reserved Construction Easement. Declarant reserves the right to perform warranty work, repairs and construction work in the Lots and Common Elements, to store materials in secure areas, and to control and have the right of access to work and make repairs until completion of the entire Development. All work may be performed by the Declarant without the consent or approval of the Executive Board or the Association. The Declarant has an easement through the Common Elements as may be reasonably necessary for the purpose of discharging the Declarant's 17 obligations or exercising Declarant's rights, whether arising under the Act or reserved in this Declaration. This easement and the reserved rights attendant thereto includes the right to convey access, utility and drainage easements to any special district, governmental authority, public utility or the State of Colorado. Section 11.4. Promotional Activity of Declarant. The Declarant may maintain a sales office or management office within any Lot or Lots owned by the Declarant. Any Lot or Lots owned by Declarant may also be used as a model for promotional purposes. Declarant reserves the right to post and maintain signs and displays in Lots owned by the Declarant and in the Common Elements in order to promote sales of Lots. Declarant also reserves the right to conduct general sales activities in a manner which will not unreasonably disturb the rights of Lot Owners. Section 11.5. Removal of Declarant's Property. Declarant reserves the right to remove and retain all of its property and equipment used in the sales, management, construction and maintenance of the Development whether or not the same have become fixtures. Section 11.6. No Interference. Neither the Association nor any Lot Owner may take any action or adopt any rule that will interfere with or diminish any reserved rights of the Declarant, without the prior written consent of the Declarant. Section 11.7. Location of Lots. The location of the buildings and the Lots and the identification of the Common Elements are not restricted or regulated other than by the building envelopes now or hereafter approved by Garfield County, Colorado. The Declarant reserves the right to establish or change the building envelopes with the approval of Garfield County, Colorado, provided that the Declarant shall have no right to alter the boundaries of any Lot which the Declarant does not own. Section 11.8. Time Limit. The development rights reserved to the Declarant must be exercised within twenty-five (25) years from the date of this Declaration. Section 11.9. Release or Assignment of Declarant's Rights. Declarant may release or transfer any or all the Declarant's rights reserved under this Article or elsewhere in this Declaration, but only by instrument acknowledged in the manner of a Deed and recorded in the records of the Clerk and Recorder of Garfield County, Colorado. Declarant may restrict or limit the exercise of any rights and interest so assigned. Any successor in interest to Declarant, in respect to any portion of the Declarant's rights hereunder, may further assign and transfer such rights and interests in like manner, but only to the extent expressly permitted in the assignment from the Declarant. ARTICLE XII - DECLARANT'S RIGHTS TO CONTROL THE ASSOCIATION Section 12.1. This Article Controls. The provisions of this Article shall control all inconsistent and conflicting provisions contained elsewhere in this Declaration or in the Bylaws of the Association. 18 Section 12.2. Period of Declarant Control. There shall be a period of Declarant control of the Association, during which a Declarant, or persons designated by the Declarant, may appoint and remove the officers of the Association and members of the Executive Board. (a) The period of Declarant control shall terminate no later than the earlier of (i) sixty (60) days after conveyance of seventy-five percent (75%) of the Lots that may be created in the Community to Lot Owners other than a Declarant; or (ii) two years after the last conveyance of a Lot by the Declarant in the ordinary course of business; or (iii) two (2) years after any right to add new Lots was last exercised. (b) Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Lots that may be created to Lot Owners other than a Declarant, at least one member and not less than twenty-five percent (25%) of the members of the Executive Board shall be elected by Lot Owners other than the Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Lots that may be created to Lot Owners other than a Declarant, not less than thirty-three and one-third percent (33 1/3%) of the members of the Executive Board must be elected by Lot Owners other than the Declarant. (c) Except as otherwise provided in C.R.S. §38-33.3-220(5), not later than the termination of any period of Declarant control, the Lot Owners shall elect an Executive Board of at least three members, at least a majority of whom must be Lot Owners other than the Declarant or designated representatives of Lot Owners other than the Declarant; and the Executive Board shall elect the officers and the Executive Board members and officers shall take office upon election. (d) Notwithstanding any provision of this Declaration or the Bylaws to the contrary, following notice under C.R.S. § 38-33.3-308, the Lot Owners, by a vote of sixty-seven percent (67%) of all Lot Owners present and entitled to vote at a meeting of the Lot Owners at which a quorum is present may remove a member of the Executive Board with or without cause other than a member appointed by the Declarant. Section 12.3. Voluntary Surrender. The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board before termination of the period of Declarant control set forth above. In that event, the Declarant may require that, for the duration of the period of Declarant control, specified actions of the Association or Executive Board as described in a recorded instrument executed by the Declarant, be approved by the Declarant before becoming effective. Section 12.4. Association's Records. Within sixty (60) days after termination of Declarant's control and the election of a new Executive Board by the members, the Declarant shall deliver to the Association all records and property of the Association held or controlled by the Declarant as prescribed by the Colorado Common Interest Ownership Act. 19 ARTICLE XIII - USE RESTRICTIONS Section 13.1. Use of Lots. All Lots shall be occupied and used for residential dwelling purposes only. No activities shall be conducted upon any Lot which cause an unreasonable disturbance to other Lot Owners or which are not permitted by applicable zoning laws. Whether an activity causes an "unreasonable disturbance" within the meaning of this Section may be determined by the Executive Board of its own accord or upon the written request of any Lot Owner. Section 13.2. No Resubdivision. No further subdivision of any Lot shall be permitted. Section 13.3. Leases. Any lease agreement shall provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration, the Articles of Incorporation, By-Laws and duly promulgated Rules and Regulations of the Association, and that any failure by the tenant to comply with the terms of such documents shall be a default under the lease. All leases shall be in writing. No Owner shall be permitted to lease a dwelling unit for transient or hotel purposes; nor shall any Owner lease only a room or rooms which consist of less than the entire dwelling unit. Other than as provided in this Section, there is no restriction on the right of any Owner to lease his property. Section 13.4. Animals. No animals of any kind shall be raised, bred or kept within the Development, except that dogs and cats may be kept, provided that they are not kept, bred or maintained for any commercial purpose and that such pets are at all times under the control of their Owner, well-mannered and behaved; and provided further that, in no event shall any Owner(s) or occupant(s) of any Lot keep more than a total of two (2) such animals, in any combination, at any time. Notwithstanding the foregoing, the Executive Board may promulgate rules and regulations concerning the keeping of dogs and cats within the Development, which are more restrictive than those limitations set forth above. By way of example and not by way of limitation, the Executive Board shall have the right to absolutely prohibit the keeping of dogs or cats, or to implement a plan of special pet assessment dues which shall be payable by any Owner who keeps a dog or cat within the Development. Section 13.5. Alterations. No fences, walls, decks, balconies or additions to any building or other structure shall be constructed or installed without the approval of the Executive Board, except to replace or repair the initial construction previously approved by the Executive Board. Section 13.6. Signs. No signs shall be placed or erected upon any portion of the Development nor shall any signs be displayed from any window or doorway of any dwelling unit, provided that the prohibitions of this Section shall not apply to Declarant or to “For Sale” signs advertising Lots in the Development. Section 13.7. Antennas. No television or radio antennas or satellite dish of any kind shall be placed, allowed or maintained upon any portion of the improvements or within the Development without the written approval of the Executive Board. 20 Section 13.8. Garbage and Trash. No refuse, garbage, trash, lumber, grass, shrub or tree clippings, plant waste, compost, metal, bulk materials, scrap or debris of any kind shall be kept, stored or allowed to accumulate within the Development, except in prescribed trash collection areas or dumpsters approved by the Executive Board. Section 13.9. Clotheslines. No clotheslines shall be permitted on any part of the Development. No laundry or wash shall be dried or hung outside any dwelling unit. Section 13.10. Parking. On-street parking is prohibited. Residents of the Development must utilize the driveways, garages or parking spaces designated to serve their respective Lots for parking. Residents shall not be allowed to use parking spaces located within the Development designated as visitor or guest parking only. Section 13.11. Fences. No fence shall be erected, maintained, repaired or replaced without the prior approval of the Executive Board. Section 13.12. Maintain Appearance. No improvements constructed upon any parcel shall be permitted to fall into disrepair and each and every such improvement shall at all times be kept in good condition and repair and adequately painted, stained or otherwise finished and maintained. Section 13.13. Vehicle Repairs. No maintenance, servicing, repair, dismantling or repainting of any type of vehicle, boat, camper, trailer, machine or equipment may take place within the Development outside of a garage, unless completed within twenty-four (24) hours after commencement of the same. Section 13.14. Trailers, Campers, Recreational and Junk Vehicles. No boat, camper, snowmobile, four-wheeler, motorcycle (on or off supporting vehicles), trailer, tractor, industrial or commercial vehicle (cab or trailer), towed trailer unit, disabled, junk or abandoned vehicles, motor home, mobile home, recreational vehicle or any vehicle, the primary purpose of which is recreational, sporting or commercial use, shall be stored within the Development outside of a garage. For purposes of this covenant, any one ton or smaller vehicle commonly known as a pickup truck, shall not be deemed a commercial vehicle. Section 13.15. Prohibitions. No firearms shall be discharged within the Development. No noxious or offensive activity of any type shall be carried on within the Development nor shall anything be done or permitted which may be or become a nuisance or danger to the Owners or occupants of the Development. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes) shall be located, used or placed within the Development. Section 13.16. No Hazardous Activities. No activities shall be conducted within the Development which are unsafe or hazardous or constitute a potential danger to any person or property. Without limiting the generality of the foregoing, no open fires shall be lighted or permitted within the Development. 21 Section 13.17. Underground Utilities. All extensions from the common trunk lines of all electrical, telephone, cable tv and other utility lines shall be accomplished utilizing underground construction and installation technique and shall not be carried on overhead poles nor above the surface of the ground. ARTICLE XIV - INSURANCE Section 14.1. Association to Maintain Insurance. Commencing not later than the time of the first conveyance of a Lot to a person other than the Declarant, the Association shall maintain to the extent reasonably available: (a) Property insurance on the Common Elements and on the townhomes themselves for broad form covered causes of loss. Such coverage shall afford protection against loss or damage by fire and other hazards covered by a standard extended coverage endorsement and such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use, as the buildings within the Development, including, but not limited to vandalism and malicious mischief. The amount of insurance must be not less than the full insurable replacement cost of the insured property, less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations and other items normally excluded from property policies; provided that the casualty protection on the buildings and improvements maintained by the Association shall insure the improvement only to the interior stud face of the walls, ceilings and floors. It shall be the responsibility of each Owner to insure the interior finished surface materials of the walls, ceilings and floors, such as drywall, plaster, paneling, wallpaper, paint, tile, wood and carpeting, together with all cabinets, furnishings, fixtures, appliances, personal property, and other contents of the townhome. The named insured shall be the Association, individually, and as agent for the Owners and their Mortgagees, without naming them. Provisions shall be made for the issuance for mortgagee endorsements and memoranda of insurance to the Mortgagees of the Owners. Such insurance policy shall provide that payments by the insurer for losses shall be made to the Association or to an insurance trustee in the State of Colorado designated by the Association for that purpose. Such insurance policy shall contain a “severability of interest” clause or endorsement which shall preclude the insurer from denying the claim of a Lot Owner because of negligent acts of the Association or other Lot Owners. The scope of coverage must include all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for projects similar in construction, location, and use. (b) Commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use or management of the Common Elements with coverage limits as deemed sufficient in the judgment of the Executive Board, but in no event less than $1,000,000 per occurrence and $2,000,000 aggregate, insuring the Executive Board, the Association, the management agent, if any, and their respective employees, agents, and all persons acting as agents. The Declarant shall be included as an additional insured in Declarant's capacity as a Lot Owner and board member. The Owners (Lot Owners) shall be 22 included as additional insureds, but only for claims and liabilities arising in connection with the ownership, existence, use or management of the Common Elements. The insurance shall cover claims of one (1) or more insured parties against other insured parties. Section 14.2. Non-Availability. If the insurance described above is not reasonably available, or if any policy of such insurance is canceled or not renewed, without a replacement policy therefore having been obtained, the Association promptly shall cause notice of that fact to be hand delivered, or sent prepaid, U.S. mail, to all Lot Owners. Section 14.3. Additional Coverage Required. Pursuant to the Act, the Property Insurance and the Commercial General Liability Insurance required above, must provide that: (a) Each Owner is an insured person under the policy with respect to liability arising out of such Lot Owner's interest in the Common Elements or membership in the Association; (b) The insurer waives its rights to subrogation under the policy against any Lot Owner or member of his household; (c) No act or omission by any Lot Owner, unless acting within the scope of such Lot Owner's authority on behalf of the Association, will void the policy or be condition to recovery under the policy; and (d) If, at the time of a loss under the policy, there is other insurance in the name of a Lot Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. Section 14.4. Adjustment of Property Loss. Any loss covered by the Property Insurance described above, must be adjusted with the Association, but shall be held, administered and applied in the manner provided by the Colorado Common Interest Ownership Act, C.R.S. §38-33.3-313(5) - (9). Section 14.5. Procedures; Deductibles; Assessments. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to real property, it shall have the authority to assess negligent Lot Owners causing such loss or benefitting from such repair or restoration, all deductibles paid by the Association. In the event that more than one (1) Lot is damaged by a loss, the Association, in its reasonable discretion, may assess each Lot Owner a pro rata share of any deductible paid by the Association. Section 14.6. Owner's Insurance. An insurance policy issued to the Association does not obviate the need for Lot Owners to obtain insurance for their own benefit. 23 Section 14.7. Officers and Directors. The Association shall keep and maintain Officers and Directors errors and omissions and personal liability coverage, with coverage limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate, to protect the officers and directors from personal liability in relation to or arising out of their duties on behalf of the Association. Section 14.8. Fidelity Bonds and Insurance. The Association shall obtain adequate fidelity bonds or insurance coverage to protect against dishonest acts of any Lot Owner, Executive Board member, Officer, employee or Manager of the Association handling or responsible for Association funds. Such fidelity bonds or insurance coverage shall not be less than the aggregate amount of two (2) months current assessments for the entire Property, plus reserves as calculated from the current budget of the Association, or $50,000, whichever is greater. The Association may carry fidelity bonds or insurance in such greater amount as the Executive Board deems prudent. Section 14.9. Managing Agent Insurance. The Association shall require any independent contractor employed for purposes of managing the Community to carry fidelity bonds or insurance for the benefit of the Association to the same extent as the Association or with such greater coverage limits as the Association or the Act may require, for the benefit of the Association and any such Manager shall maintain and submit evidence of such coverage to the Association. Section 14.10. Worker's Compensation and Employer's Liability Insurance. The Association shall obtain worker's compensation and employer's liability insurance and all other similar insurance with respect to its employees in the amounts and forms as may now or hereafter be required by law. Section 14.11. Other Insurance. The Association may also obtain insurance coverage against any such other risks of a similar or dissimilar nature, as deemed appropriate. Section 14.12. Insurance Expense. The cost of all insurance which the Association is required or permitted to maintain, shall be assessed to the Lot Owners as a Common Expense. Section 14.13. Annual Review. The Executive Board shall review the insurance coverage for the Association at least annually for the purpose of determining the amount of insurance required. Section 14.14. Duty to Repair. Any portion of the Community for which insurance is required under this Article which is damaged or destroyed must be repaired or replaced promptly by the Association unless: the Community is terminated in accordance with the Act; the repair or replacement would be illegal; sixty-seven percent (67%) of the Lot Owners, including every Owner of a structure that will not be rebuilt, vote not to rebuild; or, prior to the conveyance of any Lot to a person other than the Declarant, the holder of a Deed of Trust or Mortgage on the damaged portion of the Community rightfully demands all or a substantial part of the insurance proceeds. 24 ARTICLE XV - ASSESSMENT CERTIFICATES AND NOTICES Section 15.1. Assessment Certificates. Upon request, the Association shall provide any Owner, prospective purchaser, Mortgagee or prospective Mortgagee, of any Lot in the Community a certificate in writing signed by an officer of the Association setting forth the amount of any assessments, interest or late charges due in connection with any specified Lot. A reasonable charge may be made by the Association for the issuance of such certificates. Section 15.2. Notice of Assessment Liens. Upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the Association's registered agent, the Association shall furnish to a Lot Owner or his designee, or to a holder of a Security Interest, mortgage or deed of trust, or its designees, a written statement setting forth the amount of unpaid assessments currently levied against such Owner's Lot. This statement shall be furnished within fourteen (14) days after receipt of the request, and is binding on the Association, the Executive Board and every Lot Owner. If no statement is furnished to the Lot Owner or holder of the Security Interest, mortgage or deed of trust, or to his designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring 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. ARTICLE XVI - GENERAL PROVISIONS Section 16.1. Notices to Owners. Notice to an Owner of matters effecting the Community by the Association or by another Owner, shall be sufficiently given if such notice is in writing and is delivered personally, by courier or private service delivery, or by deposit in the U.S. mail, postage prepaid, addressed to such Owner at the registered mailing address furnished by the Owner to the Association in accordance with the By-Laws. Such mailing shall be deemed adequate, whether mailed ordinary mail, certified mail or registered mail. Section 16.2. Easement Rights. The Declarant has an easement through the Common Elements as may be reasonably necessary for the purpose of discharging a Declarant's obligations or exercising Special Declarant Rights, whether arising under this Declaration or the Act. Section 16.3. Covenants to Run with the Land. This Declaration shall run with the land and be a burden and a benefit to the Lots within the Community. Section 16.4. Enforcement. The failure of any Owner to comply with the provisions of this Declaration or with the Articles of Incorporation, By-Laws or the duly promulgated Rules and Regulations of the Association, shall give rise to a cause of action in the Association, as well as any aggrieved Lot Owner for the recovery of damages or injunctive relief, or both. The failure of the Association or any Owner to enforce any such rights, shall in no event be deemed a waiver of the right to do so in the future. 25 Section 16.5. Amendments. The Declarant may amend the Declaration and any Plat to correct clerical, typographical or technical errors or to comply with the requirements, standards or guidelines of recognized secondary mortgage markets, the Department of Housing and Urban Development, the Federal Housing Administration, the Veterans Administration, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association or the Federal National Mortgage Association. The Declarant may also amend this Declaration in the exercise of Declarant's reserved development rights and as otherwise permitted by the Act. The Association may amend this Declaration with respect to those matters expressly permitted by the Act. Except as provided above, this Declaration may be amended only by the vote or agreement of Lot Owners representing at least sixty-seven percent (67%) of the Lots within the Community and by the recordation of a certified copy of the Resolution of Amendment, signed and acknowledged by the President and Secretary of the Association, recorded in the records of the Clerk and Recorder of Garfield County, Colorado. Section 16.6. Termination of Declaration. This Declaration shall not be terminated except upon the written agreement of Owners representing not less than sixty-seven percent (67%) of the Lots within the Community, and must be evidenced by a Termination Agreement or ratifications thereof, in the same manner as a deed, by the requisite number of Lot Owners. The Termination Agreement must specify a date after which the agreement will be void unless it is recorded before that date. The Termination Agreement and all ratifications thereof must be recorded in Garfield County, Colorado, and shall be effective only upon recordation. Section 16.7. Restoration. If at any time all Owners and all holders of first mortgages shall agree that the Community has become obsolete and shall approve a plan for its renovation or restoration, the Association shall promptly cause such renovation or restoration to be made according to such plan. All Owners shall be bound by the terms of such plan and the cost of the work shall be a Common Expense. Section 16.8. Duration. This Declaration shall continue in effect until revoked or terminated in the manner provided above. Section 16.9. Severability. If any clause or provision of this Declaration is determined to be illegal, invalid or unenforceable under present or future laws, all other terms and provisions hereof shall nevertheless remain in full force and effect. IN WITNESS WHEREOF, this Declaration of Covenants, Conditions and Restrictions has been executed this day of , 2021. DECLARANT: EAGLE RIDGE HOMES, LLC, a Colorado limited liability company By: Michael Patch, Manager 26 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2021, by Michael Patch, as Manager of Eagle Ridge Homes, LLC. Witness my hand and official seal. My commission expires: Notary Public 27 EAGLE RIDGE HOMES DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (Garfield County, Colorado) TABLE OF CONTENTS OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ARTICLE I - RECITALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.1 The Declarant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.2 The Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.3 The Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.4 The Community. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.5 Maximum Number of Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.6 Auburn Ridge Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.7 The Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE II - DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.1 Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.2 Common Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.3 Common Elements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.4 Design Review Committee.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.5 Executive Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.6 Lot.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.7 Mortgage.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.8 Mortgagee.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.9 Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.10 The Declaration.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.11 The Plat.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.12 The Period of Declarant Control.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE III - WATER AND SEWER SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 3.1 Water. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 3.2 Sewer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 3.3 Shared Water and Sewer Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IV - THE ASSOCIATION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 4.1 Name.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 4.2 Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 4.3 Executive Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 4.4 Bylaws and Articles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 4.5 Period of Declarant Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 4.6 Voluntary Surrender. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 4.7 Association’s Records.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 4.8 Voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4.9 Exercise of Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4.10 Rules and Regulations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 i\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd Section 4.11 Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4.12 Periodic Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 4.13 Payment of Assessments.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 4.14 Added Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 4.15 Collection of Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 4.16 Assessment Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 4.17 Budgets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 4.18 Audits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE V - ALLOCATED INTERESTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 5.1 Equality of Assessments for Common Expenses .. . . . . . . . . . . . . . . . . . . . . 8 Section 5.2 Voting Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 5.3 Reallocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE VI - ARCHITECTURAL CONTROL - DESIGN REVIEW COMMITTEE. . . . . . . . 9 Section 6.1 Design Review Committee.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 6.2 ERHDRC Approval Required.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 6.3 Alterations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 6.4 Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 6.5 No Landscape Alterations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 6.6 Revisions to Design Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 6.7 Variances.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 6.8 Review Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 6.9 Failure to Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 6.10 Diligence in Completing the Work.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 6.11 Notice Upon Completion of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 6.12 Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 6.13 Notice of Satisfactory Completion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 6.14 Non-Compliance.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 6.15 Completion of Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 6.16 Non-Liability.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 6.17 Construction Activities.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE VII - MAINTENANCE, REPAIRS AND EASEMENTS. . . . . . . . . . . . . . . . . . . . . . 11 Section 7.1 Owner’s Duties.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 7.2 Association’s Duties.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 7.3 Easements for Access and Repairs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 7.4 Snow Storage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE VIII - USE RESTRICTIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 8.1 Design Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 8.2 No Resubdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 8.3 Single-Family Dwelling Units. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 8.4 Alterations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 8.5 Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 8.6 Antennas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ii\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd Section 8.7 Animals.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.8 Rules and Regulations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.9 Leases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.10 Garbage and Trash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.11 Clotheslines.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.12 Vehicle Repairs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.13 Trailers, Campers, Recreational and Junk Vehicles. . . . . . . . . . . . . . . . . . . 14 Section 8.14 Parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 8.15 Lawn Care.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 8.16 Original Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 8.17 Diligence Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 8.18 Maintain Appearance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 8.19 No Mining.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 8.20 Prohibitions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 8.21 No Hazardous Activities.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 8.22 No Temporary Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 8.23 Underground Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 8.24 No Fences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 8.25 Air Quality Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 8.26 Declarant’s Sales Activities Exempt.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE IX - INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 9.1 Association to Maintain Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 9.2 Liability Coverage.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 9.3 Fidelity Bonds and Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 9.4 Officers and Directors.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 9.5 Worker’s Compensation and Employer’s Liability Insurance. . . . . . . . . . . 16 Section 9.6 Other Insurance.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 9.7 Insurance Expense.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE X - ASSESSMENT CERTIFICATES AND NOTICES. . . . . . . . . . . . . . . . . . . . . . . 16 Section 10.1 Assessment Certificates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 10.2 Notice of Assessment Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE XI - GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 11.1 Notices to Owners.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 11.2 Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 11.3 Transfer of Declarant’s Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 11.4 Amendment of Declaration by Declarant. . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 11.5 Amendment of Declaration by Members. . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 11.6 Termination of Declaration.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 11.7 Duration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 11.8 Severability.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 11.9 Covenants to Run with the Land.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 iii\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd EAGLE RIDGE HOMES DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (Garfield County, Colorado) KNOW ALL MEN BY THESE PRESENTS, that EAGLE RIDGE HOMES, LLC, a Colorado limited liability company (the “Declarant”), does hereby declare and adopt the following Declaration of Covenants, Conditions and Restrictions (the “Declaration”) which shall run with the real property hereafter described and shall be binding upon all parties acquiring any interest therein or thereto. ARTICLE I - RECITALS Section 1.1 The Declarant. The “Declarant” is Eagle Ridge Homes, LLC, a Colorado limited liability company, duly organized and existing under and by virtue of the laws of the State of Colorado. Section 1.2 The Property. The real property submitted to this Declaration is all located in the County of Garfield and State of Colorado and is more particularly described as follows: Eagle Ridge Homes, Filing No. 1, according to the Plat thereof recorded as Reception No. ____________ of the Garfield County, Colorado records. Section 1.3 The Development. The Single Family Parcel, Eagle Ridge Subdivision, according to the Plat thereof recorded as Reception No. _____________ of the Garfield County, Colorado records has been approved for sixteen (16) single family lots, open space parcels, streets and roads which shall be subdivided in phases. Contemporaneously with recordation of the Plat for each additional Filing, a Supplemental Declaration submitting the lots included in such Filing to this Declaration and the terms, conditions and restrictions herein contained, shall be recorded in the Garfield County, Colorado, records Section 1.4 The Community. The Development shall constitute a Common Interest Community within the meaning of the Colorado Common Interest Ownership Act (the “Act”) and shall be named EAGLE RIDGE HOMES. The Development shall be a “Planned Community” within the meaning of the Act and shall be located, in its entirety, within Garfield County, Colorado. Section 1.5 Maximum Number of Lots. The Community shall initially include ______________ (___) Lots. Declarant reserves the right to create up to a maximum of sixteen (16) Lots. Section 1.6 Auburn Ridge Road. Auburn Ridge Road serves the Development and adjacent properties and is subject to that certain Maintenance Agreement recorded as Reception No. ____________ of the Garfield County, Colorado records (the “Auburn Ridge Road Maintenance Agreement”). The Association shall be responsible to participate in and contribute to the 1\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd maintenance and repair of Auburn Ridge Road in accordance with the terms and provisions of the Auburn Ridge Road Maintenance Agreement. Section 1.7 The Purpose. The purpose of this Declaration is to further the interest of the Community, to protect and enhance property values and otherwise effectuate the terms and provisions the Act. ARTICLE II - DEFINITIONS The following terms shall have the following meanings when used herein, unless the context otherwise requires: Section 2.1 Association. “Association” means and refers to Eagle Ridge Homeowners Association, a Colorado non-profit corporation. Section 2.2 Common Expenses. “Common Expenses” means and includes actual expenditures made and liabilities incurred by the Association, estimated expenses of operating the Association and reasonable reserves deemed necessary by the Executive Board. Section 2.3 Common Elements. “Common Elements” means and includes all parts of the Development, grounds, improvements, installations and facilities which are not included within a Lot as well as all common water lines, sewer lines, drainage and storm water facilities which serve more than one Lot. Section 2.4 Design Review Committee. “Design Review Committee” means and refers to the Eagle Ridge Homes Design Review Committee established by this Declaration. Section 2.5 Executive Board. “Executive Board” means the Board of Directors of the Association. Section 2.6 Lot. “Lot” means and includes any of the lots created and designated as a lot on the Plat or on the Final Plat of any Filing hereafter submitted to this Declaration. Section 2.7 Mortgage. “Mortgage” means and refers to any mortgage, deed of trust or other security instrument by which a Lot or a part thereof is encumbered. Section 2.8 Mortgagee. “Mortgagee” means and refers to any person or entity named as a mortgagee or beneficiary under any deed of trust or mortgage under which the interest of any Owner is encumbered. Section 2.9 Owner. “Owner” (sometimes referred to as “Lot Owner”) means and refers to any person or entity, including the Declarant, at any time owning a Lot. Section 2.10 The Declaration. The “Declaration” (sometimes referred to as “this Declaration”) means and refers to this Declaration of Covenants, Conditions and Restrictions for the Eagle Ridge Homes. 2\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd Section 2.11 The Plat. The “Plat” (sometimes referred to as the “Final Plat”) means the Final Plat of Eagle Ridge Homes, Filing No. 1, recorded ___________, 2021, as Reception No. ____________ of the Garfield County, Colorado records and shall include any additional final plats recorded for subsequent filings within the Development. Section 2.12 The Period of Declarant Control. The “Period of Declarant Control” means and refers to that period of time during which the Declarant reserves the right to control the Association, including the right to appoint and remove officers and members of the Executive Board. ARTICLE III - WATER AND SEWER SERVICES Section 3.1 Water. Potable water shall be supplied by the Elk Springs Homeowners Association, Inc., a Colorado non-profit corporation. The Association shall operate, repair and maintain the water system within the Development. Lot Owners shall have external water meters on all dwelling units as a condition of final Certificate of Occupancy. Each Lot Owner’s water usage shall be limited to _________ gallons per month and shall be metered and strictly enforced. Section 3.2 Sewer. Sanitary sewer service shall be provided by Spring Valley Sanitation District. Subject to the provisions of Section 3.3 below, the Association shall operate, repair and maintain the sewer system within the Development. Section 3.3 Shared Water and Sewer Facilities. (a) All costs associated with maintaining, repairing or replacing any water line or associated facilities which serve more than one Lot shall be shared equally among the Lots served thereby and any such maintenance, repair or replacement work shall be coordinated by the Association. (b) All costs associated with maintaining, repairing or replacing any sewer line or associated facilities which serve both the Development and neighboring Eagle Ridge Townhomes shall be shared equally among the Lots within the Development and those Townhomes served thereby. Any such maintenance, repair or replacement work shall be coordinated between the Association and the Eagle Ridge Townhomes Association and each association shall be responsible to collect and pay all costs allocated to lots represented by such association. ARTICLE IV - THE ASSOCIATION Section 4.1 Name. The name of the Association is “Eagle Ridge Homeowners Association”. Section 4.2 Membership. Every Owner shall be entitled and required to be a member of the Association. An Owner shall be entitled to one (1) membership for each Lot owned. Each membership shall be appurtenant to and inseparable from the Lot upon which it is based and shall be transferred automatically by the transfer, in whatsoever form, of that Lot. Ownership of a Lot shall be the sole qualification for membership. No person or entity other than an Owner of a Lot may be a member of the Association. 3\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd Section 4.3 Executive Board. The affairs of the Association shall be managed by an Executive Board which my, by resolution, delegate any portion of its authority to an Executive Committee where a Managing Agent for the Association. There shall be no fewer than three (3) members of the Executive Board, the specific number to be set forth from time to time in the Bylaws. Section 4.4 Bylaws and Articles. The purposes and powers of the Association and the rights and obligations with respect to Owners set forth in this Declaration may and shall be amplified by provisions of the Articles and Bylaws of the Association. Section 4.5 Period of Declarant Control. There shall be a period of Declarant control of the Association, during which a Declarant, or persons designated by the Declarant, may appoint and remove the officers of the Association and members of the Executive Board. (a) The period of Declarant control shall terminate no later than the earlier of (i) sixty (60) days after conveyance of seventy-five percent (75%) of the Lots that may be created in the Community to Lot Owners other than a Declarant; or (ii) two years after the last conveyance of a Lot by the Declarant in the ordinary course of business; or (iii) two (2) years after any right to add new Lots was last exercised. (b) Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Lots that may be created to Lot Owners other than a Declarant, at least one member and not less than twenty-five percent (25%) of the members of the Executive Board shall be elected by Lot Owners other than the Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Lots that may be created to Lot Owners other than a Declarant, not less than thirty-three and one-third percent (33 1/3%) of the members of the Executive Board must be elected by Lot Owners other than the Declarant. (c) Except as otherwise provided in C.R.S. §38-33.3-220(5), not later than the termination of any period of Declarant control, the Lot Owners shall elect an Executive Board of at least three members, at least a majority of whom must be Lot Owners other than the Declarant or designated representatives of Lot Owners other than the Declarant; and the Executive Board shall elect the officers and the Executive Board members and officers shall take office upon election. (d) Notwithstanding any provision of this Declaration or the Bylaws to the contrary, the Lot Owners, by a vote of sixty-seven percent (67%) of all Lot Owners present and entitled to vote at a meeting of the Lot Owners at which a quorum is present may remove a member of the Executive Board with or without cause other than a member appointed by the Declarant. Section 4.6 Voluntary Surrender. The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board before termination of the Period of Declarant Control set forth above. In that event, the Declarant may require for the duration of the Period of Declarant Control, that specified actions of the Association and the Executive Board as described in a recorded instrument executed by Declarant, be approved by the Declarant, in writing, before becoming effective. 4\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd Section 4.7 Association's Records. Within sixty (60) days after the Lot Owners other than Declarant elect a majority of the Members of the Executive Board, Declarant shall deliver to the Association all records and property of the Association held by or controlled by Declarant as prescribed by the Colorado Common Interest Ownership Act. Section 4.8 Voting. Each Lot shall be entitled to one (1) vote. Owners of more than one (1) Lot shall have the right to cast the aggregate number of votes that the Lots which they own represent. If any Lot is owned by multiple parties, all such parties shall be members. If only one (1) of the multiple Owners of a Lot is present at a meeting of the Association, such Owner is entitled to cast all the votes allocated to that Lot. If more than one (1) of the multiple Owners are present, the votes allocated to that Lot may be cast only in accordance with the agreement of a majority in interest of the Owners. There is a majority agreement, if any one (1) of the multiple Owners casts the votes allocated to that Lot without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot. In no event shall more votes be cast with respect to any Lot than the total number of votes allocated to that Lot. No vote(s) allocated to a Lot owned by the Association may be cast. Cumulative voting shall not be permitted in the election of the Executive Board or for any other purpose. Section 4.9 Exercise of Powers. The Association shall have the responsibilities assigned to it by this Declaration and the Bylaws. The Association may also undertake the performance of such functions in the nature of community services that the Executive Board deems to be in the interest or for the benefit of the Owners and occupants of the Development or calculated to protect or enhance property values or advance the interests of the Development. The Association shall have the right to borrow money to temporarily cover current operating expenses and for other purposes related to the exercise of its powers and duties or the performance of its functions. The Association shall have every right, privilege or power given, permitted or reasonably to be implied from this Declaration, the Bylaws and as otherwise permitted by law. Section 4.10 Rules and Regulations. In furtherance of the intent, purposes and provisions of this Declaration, rules and regulations may be adopted, amended or repealed from time to time by the Executive Board. All rules and regulations adopted by the Association shall be applied uniformly in a non-discriminatory manner. The Executive Board may also establish and enforce penalties and fines for the infraction of any rule or regulation, which fines shall be collectable as assessments in the manner provided below. Section 4.11 Assessments. The Association shall have the right to levy and make assessments, in accordance with its Bylaws and this Declaration, for the following purposes: (a) To promote the recreation, health, safety, and welfare of the Owners, tenants and occupants of the Development; (b) To pay the costs and expenses of maintaining Auburn Ridge Road as allocated to the Association pursuant to the Auburn Ridge Road Maintenance Agreement; 5\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd (c) To pay the costs and expenses allocated to lots within the Development in connection with maintaining, repairing or replacing any sewer line, water line or associated facilities which serve both the Development and neighboring Eagle Ridge Townhomes; (d) To pay the costs and expenses of maintaining the Common Elements; (e) To pay the premiums for all insurance which the Association is required or permitted to maintain; (f) To pay taxes and special assessments levied against any personal property of the Association; (g) To pay the costs and expenses of maintaining, repairing and operating the irrigation systems serving any streetscaping and Open Space Tracts within the Development; (h) To provide for the removal of snow from sidewalks, roadways and parking areas which form a part of the Common Elements; (i) To enforce and administer the covenants, conditions and restrictions herein contained and to observe and perform the functions contemplated, required or permitted hereunder; (j) To pay expenses associated with the maintenance of architectural integrity and design control within the Development, including the expense required to maintain and compensate the Design Review Committee; (k) To pay expenses associated with coordinating community events and providing information to the members and occupants of the Development, through advertising, news letters and brochures; (l) To perform or provide other proper functions in the nature of community services; (m) To pay costs associated with community cleanup and improvement activities or similar projects; (n) To provide and maintain appropriate signage identifying the Development; (o) To pay wages for Association employees, Association management expenses, legal and accounting fees; (p) To pay any deficit remaining from any previous assessment period; (q) To create a reasonable contingency reserve, surplus and/or sinking fund; 6\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd (r) To pay any other expenses and liabilities which may be incurred by the Association for the benefit of the Owners under or by reason of this Declaration, its Articles of Incorporation or Bylaws, or as otherwise permitted by the Act. Section 4.12 Periodic Assessments. Until the Association makes a Common Expense Assessment, the Declarant shall pay all Common Expenses. After any assessment has been made by the Association, assessments shall thereafter be made no less frequently than annually and shall be based on a budget adopted by the Association no less frequently than annually. Section 4.13 Payment of Assessments. Each Owner is liable for assessments made against such Owner’s Lot(s) during the period of his ownership of any such Lot. No Owner may be exempt from liability for payment of assessments by abandonment of the Lot against which the assessments are made. Each Owner shall pay to the Association, in accordance with its Bylaws, such assessments as may be periodically made by the Association, without counterclaim, deduction or set off. Section 4.14 Added Charges. The Association may impose charges for late payment of assessments, recover reasonable attorney’s fees and other costs of collection and levy fines for violations of the Declaration, the Bylaws or the Rules and Regulations of the Association. All such charges shall be enforceable as assessments. Any past due Common Expense Assessment or installment shall bear interest at the rate established by the Association, but not less than eight percent (8%) per annum nor more than twenty-one percent (21%) per annum. Section 4.15 Collection of Assessments. Assessments shall be due and payable after the date the same are levied within such reasonable time period as the Association may specify. If not paid within that time, the same shall be considered delinquent. All delinquent assessments shall bear interest at the rate established by the Association from time to time, but in no event less than eight percent (8%) per annum. The Association may further assess a late charge for each month the delinquency continues. The Association shall have the right to bring an action at law against the Owner personally obligated to pay any delinquent assessment. Section 4.16 Assessment Liens. The Association shall also have a statutory lien on any Lot for any assessment levied against that Lot or fines imposed against the Lot Owner. The amount of the lien shall include any fees, charges, late charges, attorney's fees, fines and interest. This Declaration constitutes record notice and perfection of the statutory lien. No further recordation of any claim of lien or assessment is required. A transfer (by whatever method) of any Lot shall not effect the Assessment Lien. The sale or transfer of a Lot shall not relieve any former owner of personal liability therefore and the party acquiring such Lot shall be deemed to personally assumed such liability. The statutory lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within six (6) years after the full amount of the assessments become due. The Association's lien for assessments and enforcement rights in respect thereto shall be governed by the applicable provisions of the Act, as now in effect or hereafter amended. Section 4.17 Budgets. It shall be the duty of the Executive Board to formulate and propose a budget of expenses, not less frequently than annually. Within ninety (90) days after adoption of any proposed budget for the Community, the Executive Board shall mail, by ordinary first-class mail, 7\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd or otherwise deliver a summary of the budget to all the Lot Owners (members) and shall set a date for a meeting of the Lot Owners to consider the budget. Such meetings shall occur within forty-five (45) days after mailing or other delivery of the summary. The Executive Board shall give notice to the Lot Owners of the meeting in accordance with the Bylaws. The budget proposed by the Executive Board shall not require approval from the Lot Owners and it will be deemed approved by the Lot Owners in the absence of a veto at the noticed meeting by a majority of all Lot Owners, whether or not a quorum is present. In the event that the proposed budget is vetoed, the periodic budget last proposed by the Executive Board and not vetoed by the Lot Owners must be continued until a subsequent budget proposed by the Executive Board is not vetoed by the Lot Owners. Section 4.18. Audits. The books and records of the Association shall be subject to an audit, using generally accepted auditing standards, or a review, using statements on standards for accounting and review services, at least once every two (2) years by a person selected by the Executive Board. Such person need not be a certified public accountant except in the case of an audit. An audit shall be required under this Section only when both of the following conditions are met: (a) The Association has annual revenues or expenditures of at least Two Hundred Fifty Thousand Dollars ($250,000); and (b) An audit is requested by the Owners of at least one-third (1/3) of the Lots represented by the Association. Copies of an audit or review under this Section shall be made available upon request to any Lot Owner beginning no later than thirty (30) days after its completion. ARTICLE V - ALLOCATED INTERESTS Section 5.1 Equality of Assessments for Common Expenses. Except for the Lot located within Block 5A, Eagle Ridge Subdivision, according to the Plat thereof recorded as Reception No. _____________ of the Garfield County, Colorado records (“Affordable Housing Lot”), each Lot shall bear an equal proportionate share of any assessment for Common Expenses, including reserves. The Affordable Housing Lot shall be assessed a maximum of seventy-five percent (75%) of the common expense assessment for the other Lots. Nothing contained in this subsection shall prohibit certain Common Expenses from being apportioned to a particular Lot or Lots as provided elsewhere in this Declaration. Section 5.2 Voting Rights. The Voting Rights shall be allocated equally among the Lots as elsewhere provided in this Declaration. Section 5.3 Reallocation. The allocated interests shall be adjusted as additional Lots are submitted to this Declaration. In each and every case, liability for Common Expenses of the 8\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd Association shall be reallocated in equal proportionate shares among all of the Lots then submitted to this Declaration, subject to the adjustment for the Affordable Housing Lot set forth in Section 5.1 above. By virtue of this Section, such allocations are automatically so adjusted upon the addition of any Lots to the Community. ARTICLE VI - ARCHITECTURAL CONTROL - DESIGN REVIEW COMMITTEE Section 6.1 Design Review Committee. There is hereby established a design review committee, known as the Eagle Ridge Homes Design Review Committee (the “ERHDRC”), which shall consist of three (3) members appointed by the Declarant. The members of the ERHDRC shall be selected at the discretion of the Declarant, and shall serve at the pleasure of the Declarant. The Declarant shall have the continuing right to appoint all members of the ERHDRC until all Lots within the Community have been conveyed to parties other than Declarant; provided that, in its discretion Declarant may, at any time, voluntarily relinquish such right of appointment to the Association. Upon relinquishment of the right of appointment, the Executive Board of the Association shall thereafter appoint the Members of the ERHDRC. Section 6.2 ERHDRC Approval Required. No building permit application shall be submitted to Garfield County, Colorado and no improvements shall be constructed, erected, placed, maintained, changed or altered (including any change of exterior appearance, color or texture), nor shall any fence, utility facilities or other structures be built, extended, installed or any work undertaken on any Lot, until plans and specifications with respect thereto, in a form satisfactory to the ERHDRC, have been submitted to and approved in writing by the ERHDRC. All improvements, landscaping and plans shall conform to the design controls and development guidelines set forth in the “Eagle Ridge Homes Design Guidelines and Regulations” which shall be adopted by the ERHDRC and applied on a consistent basis (the “Design Standards”). All applicants shall follow the ERHDRC review process and procedures outlined in the Design Standards. All plans and specifications shall conform to Uniform Building Code and other applicable state and local codes as then in effect and shall be submitted in writing over the signature of the Owner of the Lot(s) or the Owner's authorized representative. The ERHDRC may refuse approval of plans upon any reasonable basis. However, it shall not arbitrarily or unreasonably withhold its approval. Section 6.3 Alterations. No alteration of the exterior appearance of any improvement (including color or texture), fence, utility facilities or other structures, shall be made without the approval of the ERHDRC. Section 6.4 Landscaping. A landscape plan shall be required as a part of the approval process required for the construction of improvements on any Lot. No landscaping plan shall be implemented until approval by the ERHDRC has been obtained. No approval for the construction of a building or other improvements upon any Lot shall be granted, except in conjunction with approval by the ERHDRC of an appropriate landscaping plan. Section 6.5 No Landscape Alterations. The landscape plan approved for any Lot may not be altered without first obtaining the ERHDRC’s approval of the revised plan. 9\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd Section 6.6 Revisions to Design Standards. In addition to design controls and development guidelines imposed by the Design Standards, the ERHDRC may revise or prescribe additional standards and prescribe, revise and from time to time amend the procedures to be followed, the materials to be submitted, the review fees to be paid and the factors which will be taken into consideration in connection with the approval of any proposed improvement or landscaping. Section 6.7 Variances. ERHDRC shall have the authority to approve and grant variances or relief from the Design Standards where, in the judgment of the ERHDRC, such variance is warranted by hardship or otherwise deemed appropriate. The ERHDRC may impose special conditions and requirements in connection with the approval of any such variance. A variance may be granted upon a majority vote of the Members of the ERHDRC. However, the ERHDRC does not have authority to waive permitting or building requirements of Garfield County, Colorado. Section 6.8 Review Fees. The ERHDRC may provide for the payment of a fee to accompany each application for approval of any improvement or landscaping proposed within the Development. A uniform fee may be established, or the fee may be determined in any other reasonable manner by the ERHDRC. The ERHDRC may hire professional consultants if deemed necessary to properly review any Application. Section 6.9 Failure to Act. Any decision of the ERHDRC shall be made within sixty (60) days after receipt of all materials required, unless such time period is extended by mutual agreement. The decision shall be in writing, and if the decision does not approve the application, the reasons shall be stated. The decision shall be promptly transmitted to the applicant at the address furnished by the applicant. Any request for approval shall be deemed approved, unless disapproval or a request for additional information is transmitted to the applicant by the ERHDRC within thirty (30) days after the date the application and all information and materials required, have been submitted. Section 6.10 Diligence in Completing the Work. Following approval of any proposed improvement, the Owner shall secure the requisite building permit from Garfield County, Colorado and the improvement shall be completed by the Owner as promptly and diligently as practicable in substantial conformance with the submittals made, and in accordance with all conditions imposed by the ERHDRC. All such improvements shall be completed within twelve (12) months of the date of approval. The landscaping approved in connection with construction of the initial improvements on a Lot shall be completed within six (6) months after a Certificate of Occupancy has been issued. In all other cases, such landscaping shall be completed within six (6) months of the date of approval. The ERHDRC may grant extensions for excusable delays due to weather or seasonal restrictions. Section 6.11 Notice Upon Completion of Work. Upon completion of the improvements and all other installations and work besides landscaping, the applicant shall give written notice of such completion to the ERHDRC and request the ERHDRC’s issuance of a Notice of Satisfactory Completion. Such notice and request will not be deemed given until received by the ERHDRC. Section 6.12 Inspection. The ERHDRC, or its representative, shall have the right to inspect the Lot and the work prior, during and after completion. 10\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd Section 6.13 Notice of Satisfactory Completion. Prior to requesting a Certificate of Occupancy or Certificate of Completion from Garfield County, Colorado, the Owner must first obtain a Notice of Satisfactory Completion from the ERHDRC. The ERHDRC will issue a Notice of Satisfactory Completion if the improvements are completed in conformity with the approvals. Upon receipt of Notice of Satisfactory Completion, the applicant may proceed to request a Certificate of Occupancy or Certificate of Completion from Garfield County, Colorado. Failure to comply with the provisions of this paragraph shall subject the Owner to the imposition of fines, penalties and such other rights and remedies as may be available to the Association. Such failure to comply will also serve as a basis for denying the issuance of any Certificate of Occupancy or Certificate of Completion by Garfield County, Colorado and/or the basis for revoking any Certificate of Occupancy or Certificate of Completion obtained without compliance with the provisions of this paragraph. Section 6.14 Non-Compliance. In the event the Owner fails to comply with the terms of the approval in all respects, or fails to complete the work within the time specified above, the ERHDRC shall notify the applicant in writing specifying the particulars of the non-compliance. Upon a receipt of Notice of Non-Compliance, the applicant shall take such action as may be necessary to remedy and correct the deficiency. Section 6.15 Completion of Landscaping. The approved landscaping shall be completed within six (6) months after approval, or within six (6) months after issuance of the Certificate of Occupancy, whichever is later, subject to excusable delays, as determined by the ERHDRC, due to weather or seasonal restrictions. If the approved landscaping is not completed within such time, in the absence of a written extension issued by the ERHDRC, the Association shall commence to levy fines on a monthly basis which shall be assessed against the Lot. and which shall be subject to the collection and lien procedures set forth in Article III. The monthly fines shall be set at ten percent (10%) of the costs of completion, as estimated in writing by the ERHDRC, and shall continue on a monthly basis until the approved landscaping has been completed. The Association may waive such fines in the sole discretion of the Executive Board. Section 6.16 Non-Liability. There shall be no liability imposed on the ERHDRC, or the Association or any member of the Executive Board of the Association, or the Declarant for any loss, damage or injury arising out of or in any way connected with the performance of the duties of the ERHDRC, unless due to the wilful misconduct of the party to be held liable. No review or approval by the ERHDRC shall be deemed approval of the improvement for conformance with building codes or other governmental laws and regulations, nor shall it be deemed approval from the standpoint of safety, whether structural or otherwise. An applicant seeking the approval of the ERHDRC for any matter shall provide the ERHDRC with a written waiver reaffirming the foregoing and releasing the ERHDRC, the Association, each member of the Executive Board of the Association and the Declarant from any and all liability arising from or related to the ERHDRC's approval thereof. Section 6.17 Construction Activities. The ERHDRC may promulgate Rules and Regulations concerning the use of temporary sanitary facilities, trash dumpsters, the use of streets and roads, and other activities associated with the construction of improvements within the Development. 11\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd ARTICLE VII - MAINTENANCE, REPAIRS AND EASEMENTS Section 7.1 Owner's Duties. Each Owner shall, at all times, keep and maintain in good condition and repair, all improvements and landscaping within such Owner’s Lot. Each Owner shall be responsible for and keep and maintain in good repair all sewer lines, water lines and other utility lines serving only his Lot from the point of connection with the common trunk lines. Each Owner shall provide lawn, grounds and landscaping care and ensure the survival of all landscaping, trees, shrubs and grass installed within his Lot. Each Owner shall maintain, in good condition and repair and free of debris, all parking areas, drives and sidewalks within his Lot. Section 7.2 Association's Duties. The Association shall have the duty to enforce the maintenance and repair duties of the Owners. The Association shall maintain and keep in good condition and repair all Common Elements and shall provide snow removal services for all roadways, sidewalks and parking areas which form a part of the Common Elements. The Association may assume other maintenance duties with respect to the Development, but shall have no obligation to do so. Section 7.3 Easements for Access and Repairs. The Association is hereby granted an easement across the Lots within the Development for the purposes of accessing, protecting, maintaining or repairing the Common Elements or in the event of an emergency. The Association may access all Lots within the Development at reasonable times to determine compliance with the conditions of approval of the Development granted by Garfield County, Colorado and to confirm or enforce compliance with the provisions of this Declaration. Section 7.4 Snow Storage. All areas of the Common Elements not used for roadway, sidewalk or driveway purposes shall be subject to an easement for the deposit and storage of snow removed from the roadways, sidewalks and driveways located within the Common Elements. A RTICLE VIII - USE RESTRICTIONS Section 8.1 Design Review. No structure, improvement or landscaping shall be placed upon any Lot without prior approval of the ERHDRC in accordance with the terms of this Declaration. Section 8.2 No Resubdivision. No further subdivision of any Lot shall be permitted. Section 8.3 Single-Family Dwellings. No more than one (1) single-family residence shall be constructed on any Lot. Subject to all applicable governmental and zoning regulations, nothing herein contained shall be deemed to preclude the ancillary use of a dwelling for in-home businesses or occupations which do not involve employees or the serving of customers, provided such use does not generate any noise, smoke, dust, odors or other emanations and there is no external evidence of such use and no inconvenience to other Owners is created thereby. Section 8.4 Alterations. No fences, walls, decks, balconies or additions to any building or other structure shall be constructed or installed, without the approval of the ERHDRC, except to replace or repair the initial construction previously approved by the ERHDRC. 12\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd Section 8.5 Signs. No advertising signs shall be placed or erected upon any portion of the Development, nor shall any such signs be displayed from any window or doorway of any dwelling, provided that, the prohibitions of this Section shall not apply to the signs of those engaged in construction work in the Development, or to “For Sale” or “For Rent” signs, advertising a Lot for sale or lease. However, signs of those engaged in construction work in the Development shall not be displayed without the prior approval of the ERHDRC. Section 8.6 Antennas. No television or radio antennas, except satellite dishes twenty-four (24) inches in diameter or less, shall be placed, allowed or maintained upon any Lot without the express written approval of the Association. Television dishes exceeding twenty-four (24) inches in diameter shall be permitted only with the prior written approval of the ERHDRC, which may impose appropriate screening requirements. Section 8.7 Animals. No animals of any kind shall be raised, bred or kept on the Development, except that dogs and cats may be kept, provided that they are not kept, bred or maintained for any commercial purpose and further provided that such pets are at all times under the control of their Owner, well-mannered and behaved. The Association shall have the power and authority to, from time to time, promulgate Rules and Regulations concerning the keeping of dogs and cats on the Development. By way of example and not by way of limitation, the Association shall have the right to limit the number of dogs and cats permitted or to implement a plan of special pet assessment dues which shall be payable by any Owner who keeps a dog or cat within the Development. Section 8.8 Rules and Regulations. The Association is expressly empowered to adopt and promulgate such Rules and Regulations as it may from time to time deem necessary or desirable to regulate the use and activities upon the Development in a manner consistent with the purposes of this Declaration. No Owner, his family or guests, nor any tenant, shall violate the Rules and Regulations as may from time to time be adopted by the Association. The Association may impose appropriate penalties or fines for a violation of its Rules and Regulations. Section 8.9 Leases. Any lease agreement shall provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration and the Articles of Incorporation and Bylaws of the Association, and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. All leases shall be in writing. No Owner shall be permitted to lease a dwelling for transient or hotel purposes; nor shall any Owner lease only a room or rooms which consist of less than the entire dwelling. Other than as provided in this Section, there is no restriction on the right of any Owner to lease his property. Section 8.10 Garbage and Trash. No refuse, garbage, trash, lumber, grass, shrub or tree clippings, plant waste, compost, metal, bulk materials, scrap or debris of any kind shall be kept, stored or allowed to accumulate on any part of the Development. Trash containers shall be kept in garages or other enclosures approved by the ERHDRC. Trash containers may be placed outside at such times as may be necessary to permit garbage or trash pickup, and in accordance with any schedule that the Association may prescribe. 13\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd Section 8.11 Clotheslines. No clotheslines shall be permitted on any part of the Development. No laundry or wash shall be dried or hung outside any dwelling. Section 8.12 Vehicle Repairs. No maintenance, servicing, repair, dismantling or repainting of any type of vehicle, boat, camper, trailer, machine or equipment may take place within the Development outside a garage, unless completed within twenty-four (24) hours after commencement of the same. Section 8.13 Trailers, Campers, Recreational and Junk Vehicles. No boat, camper (on or off supporting vehicles), trailer, tractor, truck, industrial or commercial vehicle (cab or trailer), towed trailer unit, motorcycle, disabled, junk or abandoned vehicles, motorhome, mobile home, recreational vehicle or any vehicle, the primary purpose of which is recreational, sporting or commercial use, shall be parked or stored in, on or about any part of the Development, except within a garage, unless concealed from view and the screening of which has been approved by the Association. For purposes of this covenant, any 1-ton or smaller vehicles, commonly known as a pickup truck, shall not be deemed a commercial vehicle or truck. The Association shall have the right to enter an Owner’s Lot to remove and store, at Owner’s expense, vehicles in violation of this Section. Any such Owner shall be entitled to thirty (30) days’ written notice prior to such action by the Association. Section 8.14 Parking. On-street parking is prohibited. Residents of the Development must utilize the driveways, garages or parking spaces designated to serve their respective Lots for parking. Residents shall not be allowed to use parking spaces located within the Development designated as visitor or guest parking only. Section 8.15 Lawn Care. Each Owner shall keep and maintain the landscaping, including lawn, trees and shrubs placed upon the Owner’s Lot in good condition. Each Owner shall diligently maintain and care for the shrubs and trees upon his Lot and shall remove dead branches and brush and keep the lawn trimmed, neat and tidy. No brush or grass which constitutes or creates a fire hazard or an unsightly condition shall be permitted by any Owner to remain upon his Lot. Each Owner shall maintain, in good condition and repair and free of debris, all parking areas, drives and sidewalks within his Lot. Section 8.16 Original Construction. No building shall be placed upon the Development herein by means other than new construction. Section 8.17 Diligence Required. All construction and/or alteration work within the Development shall be pursued diligently and shall be completed as promptly as is reasonably possible. The site of such construction shall be kept free and clear from unnecessary and unreasonable accumulations of trash and debris. All construction commenced shall be pursued to completion with reasonable diligence and in compliance with all applicable federal, state and local statutes, ordinances and regulations. Section 8.18 Maintain Appearance. No improvements constructed upon any Lot shall be permitted to fall into disrepair, and each and every such improvement shall at all times be kept in 14\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd good condition and repair and adequately painted, stained or otherwise finished and maintained by the Owner thereof. Section 8.19 No Mining. No mining, quarrying, tunneling, excavating or drilling for any substance within the earth, including oil, gas, minerals, gravel, sand, rock and earth shall ever be done or authorized on any part of the Development by any Owner. Section 8.20 Prohibitions. No firearms shall be discharged within the boundaries of the Development. No noxious or offensive activity of any type shall be carried on within the Development, nor shall anything be done or permitted which may be or become a nuisance or danger to the Owners or occupants of other property. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices (other than devices used exclusively for security purposes) shall be located, used or placed upon any Lot. Section 8.21 No Hazardous Activities. No activities shall be conducted within the Development which are unsafe or hazardous or constitute a potential danger to any person or property. Section 8.22 No Temporary Structures. No tent or shack or other temporary building, improvement or structure shall be placed upon the Development, except that temporary structures necessary for the storage of tools and equipment and for office space for architects, builders and foremen during actual construction, may be maintained with the prior approval of the ERHDRC, which shall have the authority to limit and prescribe the nature, size and location of such temporary structures, except in respect to the activities of the Declarant. Section 8.23 Underground Utilities. All extensions from the common trunk lines of all electrical, telephone, cable TV and other utility lines shall be accomplished utilizing underground construction and installation and shall not be carried on overhead poles nor above the surface of the ground. Section 8.24 Fences. Fences along or adjacent to a boundary or lot line may be constructed, but only pursuant to criteria established by the ERHDRC. On any Lots where fences are permitted, the fence may only be constructed with the prior written approval of the ERHDRC and in conformance with standard design specifications approved by the ERHDRC. Those Lots that have frontage on two (2) streets shall not have any fence exceeding forty-two (42) inches in a yard adjoining a street. Section 8.25 Air Quality Restrictions. In order to protect against the degradation which occurs to air quality as a result of the utilization of wood-burning devices, the following restrictions are imposed: (a) No open hearth solid fuel fireplaces will be allowed anywhere within any new dwellings located within the Development. (b) All dwellings within the Development will be allowed an unrestricted number of natural gas burning fireplaces or appliances. 15\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd (c) All dwellings within the Development will be allowed one (1) new wood-burning stove as defined by C.R.S. § 25-7-401 et. seq. and all the regulations promulgated thereunder. (d) The foregoing air quality instructions shall be included as a Plat Note on all Final Plats of the Development. Section 8.26 Declarant’s Sales Activities Exempt. Notwithstanding anything contained in this Article or elsewhere in this Declaration to the contrary, so long as Declarant owns any Lot within the Development, Declarant shall have the right to keep and maintain a management or sales office on or within any Lot owned by the Declarant, to post and maintain signs and displays for the promotion of Lots and to otherwise conduct general sales activities with respect to the marketing of Lots within the Development, all without the necessity of securing any assent or approval of the Association, the Executive Board, the ERHDRC or the Owners of other Lots within the Development. ARTICLE IX - INSURANCE Section 9.1 Association to Maintain Insurance. Commencing not later than the time of the first conveyance of a Lot to a person other than the Declarant, the Association shall maintain, to the extent reasonably available, the kinds and types of insurance specified in this Article. Section 9.2 Liability Coverage. The Association shall keep and maintain commercial general liability insurance against claims and liabilities arising in connection with the operation and management of the business and affairs of the Association, as deemed sufficient in the judgment of the Executive Board, but in no event, less than $1,000,000 per occurrence and $2,000,000 aggregate, insuring the Executive Board, the Association, its management agent, if any, and their respective employees and agents. Section 9.3 Fidelity Bonds and Insurance. The Association shall obtain adequate fidelity bonds or insurance coverage to protect against dishonest acts of all Executive Board members, officers, employees and managers of the Association handling or responsible for Association funds. Fidelity insurance coverage shall not be less than the aggregate amount of one (1) year's current assessments for the entire Development, plus reserves as calculated from the current budget of the Association, or $50,000, whichever is greater. The Association may carry fidelity insurance in a greater amount. Section 9.4 Officers and Directors. The Association shall keep and maintain Officers and Directors errors and omissions and personal liability coverage, with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate, to protect the officers and directors from personal liability in relation to or arising out of their duties on behalf of the Association. Section 9.5 Worker's Compensation and Employer's Liability Insurance. The Association shall obtain worker's compensation and employer's liability insurance and all other similar insurance with respect to its employees in such amounts and form as may now or hereafter be required by law. 16\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd Section 9.6 Other Insurance. The Association may also obtain insurance coverage against any such other risks of a similar or dissimilar nature, as deemed appropriate. Section 9.7 Insurance Expense. The cost of all insurance which the Association is required or permitted to maintain, shall be assessed to the Lot Owners as a Common Expense. ARTICLE X - ASSESSMENT CERTIFICATES AND NOTICES Section 10.1 Assessment Certificates. Upon request, the Association shall provide any Owner, prospective purchaser, Mortgagee or prospective Mortgagee, of any Lot in the Development a certificate in writing signed by an officer of the Association setting forth the amount of any assessments, interest or late charges due in connection with any specified Lot. A reasonable charge may be made by the Association for the issuance of such certificates. Section 10.2 Notice of Assessment Liens. The Association shall furnish to a Lot Owner or his designee, or to a holder of security interest, Mortgage or deed of trust or its designees, upon written request delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the Association's registered agent, a written statement setting forth the amount of unpaid assessments currently levied against such Owner's Lot. This statement shall be furnished within fourteen (14) days after receipt of the request and is binding on the Association, the Executive Board and every Owner. If no statement is furnished to the inquiring party within said fourteen (14) day period, by any means whatsoever, 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. ARTICLE XI - GENERAL PROVISIONS Section 11.1 Notices to Owners. Notice to an Owner by the Association or by another Owner of any matter concerning the Association, the Development or the Development, shall be sufficiently given if such notice is in writing and is delivered personally, by courier or private service delivery, or by deposit in the U.S. mail, postage prepaid, addressed to such Owner at the registered mailing address furnished by the Owner to the Association in accordance with the Bylaws. Such mailing shall be deemed adequate, whether mailed ordinary mail, certified mail or registered mail. Section 11.2 Enforcement. The failure of any Owner to comply with the provisions of this Declaration or with the Articles of Incorporation or Bylaws of the Association, shall give rise to a cause of action in the Association, as well as any aggrieved Owner for the recovery of damages or injunctive relief, or both, together with costs and reasonable attorney’s fees incurred. The failure of the Association or any Owner to enforce any such rights, shall in no event be deemed a waiver of the right to do so in the future. Section 11.3 Transfer of Declarant’s Rights. Any right or interest reserved or contained in this Declaration for the benefit of Declarant may be transferred or assigned by Declarant, either separately or by one or more other such rights or interests, to any person, corporation, partnership, association or other entity by written instrument executed by both Declarant and the transferee or assignee and recorded in the office of the Clerk and Recorder of Garfield County, Colorado. 17\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd Section 11.4 Amendment of Declaration by Declarant. Until the first Lot subject to this Declaration has been conveyed by Declarant by recorded deed, any of the provisions, covenants, conditions, restrictions and equitable servitudes contained in this Declaration may be amended or terminated by Declarant by the recordation of a written instrument, executed by Declarant, setting forth such amendment or termination. After the conveyance of the first Lot, the Declarant may not amend the Declaration without the consent of the Members as provided in Section 11.5 unless such amendment is made in accordance with the Act. Section 11.5 Amendment of Declaration by Members. This Declaration may be amended by the vote or agreement of the Owners representing at least sixty-seven percent (67%) of the voting rights within the Development, evidenced by a certified copy of the Resolution of Amendment, signed and acknowledged by the President and Secretary of the Association and recorded in the records of the Clerk and Recorder of Garfield County, Colorado. Section 11.6 Termination of Declaration. This Declaration shall not be terminated except upon the written agreement of Owners representing not less than sixty-seven percent (67%) of the voting rights within the Development and must be evidenced by a Termination Agreement or the ratification thereof, executed in the same manner as a deed, by the requisite number of Owners. Any Termination Agreement must specify a date after which the agreement will be void, unless it is recorded. The Termination Agreement, and all ratifications thereof, must be recorded in Garfield County, Colorado, and shall be effective only upon recordation. Section 11.7 Duration. This Declaration shall continue in effect until revoked or terminated in the manner provided above. Section 11.8 Severability. If any clause or provision of this Declaration is determined to be illegal, invalid or unenforceable under present or future laws, all other terms and provisions hereof shall nevertheless remain in full force and effect. Section 11.9 Covenants to Run with the Land. This Declaration shall run with the land and be a burden on and benefit to the Lots within the Development. IN WITNESS WHEREOF, Declarant has executed this Declaration of Covenants, Conditions and Restrictions for Eagle Ridge Homes this ____ day of _______________, 2021. DECLARANT: EAGLE RIDGE HOMES, LLC, a Colorado limited liability company By:_______________________________________ Michael Patch, Manager 18\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing Declaration of Covenants, Conditions and Restrictions for Eagle Ridge Homes was acknowledged before me this ___ day of _____________, 2021, by Michael Patch, as Manager for Eagle Ridge Homes, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires:_______ __________________________________________ Notary Public 19\\C\Client\Patch Vinger\Eagle Ridge Homes\Single Family Parcel\Eagle Ridge Homes Declaration.wpd 1 SITE SPECIFIC DEVELOPMENT PLAN AND AGREEMENT (Eagle Ridge Subdivision) THIS AGREEMENT is made and entered into this ___ day of _________________, 2022, by and between EAGLE RIDGE HOMES, LLC (AOwner@) and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents (ACounty@). RECITALS A. Owner is the owner and developer of Lot 1, Resubdivision of Los Amigos Ranch Filing No. 1, according to the Plat recorded July 23, 1983 as Reception No. 344098 and Amended Plat recorded April 10, 2006 as Reception No. 695830 (the “Property”). B. On ___________________, the County, by Resolution No. ___________, recorded as Reception No. __________ of the Garfield County, Colorado records, approved a Preliminary Plan for the Property (“Preliminary Plan Approval”), creating the Eagle Ridge Subdivision consisting of a Multi-Family Parcel containing up to nineteen (19) residential townhome lots and a Single-Family Parcel containing up to sixteen (16) single-family lots (“Subdivision”). C. As a condition to the approval of the Final Plat for Eagle Ridge Subdivision (“Final Plat”), and as required by the laws of the State of Colorado and the Garfield County Land Use and Development Code, as amended (the “Code”), Owner wishes to enter into this Agreement with the County. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the County and Owner (AParties@) agree as follows: 1. Final Plat Approval. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this Agreement, the Preliminary Plan Approval, requirements of the Code and any other governmental or quasi-governmental regulations applicable to the Subdivision (AFinal Plat Approval@). 2. Subdivision Improvements. Owner has constructed and installed the subdivision improvements listed on Exhibit A attached hereto and required to be constructed pursuant to the Preliminary Plan Approval (“Subdivision Improvements”). The County has accepted the Subdivision Improvements to be in substantial compliance with all requirements of the Preliminary Plan Approval, including all design specifications, drawings, maps, sketches and other materials submitted by Owner and its engineers in connection therewith. Owner has submitted to the County as-built drawings bearing the stamp of Owner’s professional engineer certifying that all Subdivision Improvements have been constructed in accordance with the requirements of the Preliminary Plan Approval. 3. Phasing and Administrative Review Procedure. Each Block contained within the Subdivision as set forth in the Preliminary Plan Approval and Final Plat Approval may be developed 2 as a separate phase, in any order. The Preliminary Plan was approved by the County pursuant to and in compliance with all notice, hearing and procedural requirements of state law and the Code. Accordingly, the implementation and administration of the Preliminary Plan Approval and Final Plat Approval is delegated to the Director of the Garfield County Community Development Department (“Director”) and hereafter the final plat procedure for each phase of the Subdivision shall be without the necessity of further public notice or action of the Board of County Commissioners. The final plat procedure for each phase of the Subdivision hereafter shall be as follows: (a) Multi-Family Parcel. For all Blocks located in the Multi-Family Parcel, Owner shall submit with any Building Permit Application, a proposed final plat with the approximate boundaries of the townhome lots to be developed within such Block meeting the requirements of Section 5-402.F of the Code and complying with the Preliminary Plan Approval and Final Plat Approval. Once the townhome foundations have been installed and the actual location of the boundary lines between the townhome lots can be determined, Owner shall submit a final plat for such Block to the Director for confirmation that it meets the requirements of Section 5-402.F of the Code and complies with Preliminary Plan Approval and Final Plat Approval. Within ten (10) business days after submittal, the Director shall review the proposed final plat for such compliance and notify Owner of the Director’s approval or any changes or corrections required. Upon receiving notice of Director approval, Owner shall submit to the Director within thirty (30) days thereafter a mylar copy of the final plat for the Director’s signature. Once signed by the Director, Owner shall see that the final plat is recorded in the Garfield County, Colorado records. (b) Single Family Parcel. For any Block located in the Single-Family Parcel, Owner shall submit a final plat for such Block to the Director for confirmation that it meets the requirements of Section 5-402.F of the Code and complies with Preliminary Plan Approval and Final Plat Approval. Within ten (10) business days after submittal, the Director shall review the proposed final plat for such compliance and notify Owner of the Director’s approval or any changes or corrections required. Upon receiving notice of Director approval, Owner shall submit to the Director within thirty (30) days thereafter a mylar copy of the final plat for the Director’s signature. Once signed by the Director, Owner shall see that the final plat is recorded in the Garfield County, Colorado records. 4. Sale of Lots. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording a final plat creating such separate lots, tracts or parcels in the Garfield County, Colorado records. 5. Water Supply and Wastewater Collection. Prior to the County’s issuance of any certificates of occupancy for any residences or other habitable structures constructed within the Subdivision, Owner shall install, connect and make operable a water supply and distribution system for potable water, fire protection and a wastewater/sewer collection system in accordance with Preliminary Plan Approval and Final Plat Approval. All easements and rights-of-way necessary for installation, operation, service and maintenance of such water supply and distribution systems and wastewater collection system are as shown on the Final Plat. All facilities and equipment associated 3 with the water supply and distribution systems and the wastewater collection system shall be transferred by Owner to the applicable homeowners’ association, by bill of sale, on or before termination of the Period of Declarant Control set forth in the Declaration of Covenants, Conditions and Restrictions governing such homeowners’ association. 6. Roads. All roads within the Subdivision shall be dedicated to the public as public rights-of-way. The County shall not be obligated to maintain any roads within the Subdivision. Maintenance obligations shall be as follows: (a) Auburn Ridge Lane. Auburn Ridge Lane shall be maintained in accordance with the Road Maintenance Agreement recorded as Reception No. ___________ in the Garfield County, Colorado records. (b) Overlook Point Loop. Eagle Ridge Townhomes Association shall be solely responsible for the maintenance, repair and upkeep of Overlook Point Loop. (c) North and South Skyline Drive. Eagle Ridge Homeowners Association shall be solely responsible for the maintenance, repair and upkeep of North Skyline Drive and South Skyline Drive. 7. Road Impact Fee. Pursuant to Section 7-405 of the Code, the County shall collect a Road Impact Fee prior to the issuance of a building permit for each residential unit in the Subdivision in accordance with the Adopted Fee Schedule set forth in said Section 7-405. 8. Open Space. Two open space parcels identified as Garfield County Parcel Nos. 2393-054-07-019 and 2393-054-07-020, totaling 10.463 acres, were previously created and dedicated to the Elk Springs Homeowners’ Association in connection with the Los Amigos Ranch Filing No. 5 recorded as Reception No. 512790 of the Garfield County, Colorado records. Said parcels were created and dedicated to satisfy all open space requirements for the multi-family parcel created within the Los Amigos Ranch PUD, which includes the Property. 9. School and Land Dedication. The required school land dedication for Los Amigos Ranch PUD, consisting of 13.25 acres and known as Garfield County Parcel No. 2393-054-07-018, was previously created and deeded to the RE-1 School District in connection with Los Amigos Ranch Filing 5, recorded as Reception No. 512790 of the Garfield County, Colorado records. 10. Indemnity. Owner shall indemnify, defend and hold the County harmless from all claims which may arise as a result of the Owner=s construction and installation of the Subdivision Improvements, or any other agreement or obligation of Owner related to development of the Subdivision. The Owner, however, does not indemnify the County for claims made asserting that the standards imposed by the County are improper or are the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the County or its employees. The County shall notify the Owner of receipt by the County of a notice of claim or a notice of intent to sue, and the County shall afford the Owner the option of defending any such claim or action. Failure to provide such notice and option to the Owner shall extinguish the County=s rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of governmental 4 immunity granted to the County by Colorado statutes and case law. 11. Building Permits and Certificates of Occupancy. As one remedy for breach of this Agreement, including failure to satisfy the requirements of the Preliminary Plan Approval, the County may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Carbondale and Rural Fire Protection District (ADistrict@), if the Fire District has so required, that there is adequate water available to the construction site for the District=s purposes and all applicable District fees have been paid to the District. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all requirements of the Preliminary Plan Approval have been satisfied. 12. Consent to Vacate Plat. In the event the Owner fails to comply with the terms of this Agreement, the County shall have the ability to vacate any final plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the County a plat, suitable for recording, showing the location by surveyed legal description of any portion of the final plat so vacated by action of the County. If such a plat is not signed by the County and recorded, or if such plat is not provided by the Owner, the County may vacate the final plat, or portions thereof, by resolution. The County may also withhold approval of a proposed final plat for a future phase of the Subdivision in the event Owner fails to comply with the terms of this Agreement or Preliminary Plan Approval. 13. Vested Rights. The Final Plat constitutes a “Site Specific Development Plan” pursuant to C.R.S. § 24-68-102(4) and Section 2-202.B of the Code. Approval and recordation of the Final Plat shall create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended. Accordingly, Owner’s right to undertake and complete development and use of the Property in accordance with the Preliminary Plan Approval and Final Plat Approval shall be vested for a period of seven (7) years from the effective date of the County’s approval of the Final Plat (the “Vested Period”). The effective date of the County’s approval of the Final Plat shall be the date public notice of the County’s approval of the Final Plat as a “Site Specific Development Plan” and the creation of a vested property right pursuant to C.R.S. §§ 24-68-101 et.seq. is published in accordance with C.R.S. § 24-68-103(1)(c) and Section 2-202.D.3 of the Code. The Vested Period may be extended upon approval of the Board of County Commissioners, following a public hearing duly noticed in accordance with Section 4-101.E of the Code. 14. Enforcement. In addition to any rights which may be provided by Colorado statute and this Agreement, it is mutually agreed that the County or the purchaser of any lot shall have authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. 15. Recordation. This Agreement shall be recorded in the Garfield County, Colorado records and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision and shall constitute notice to prospective purchasers and other interested parties as to the terms and provisions hereof. 5 16. Binding Effect. The rights and obligations contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the County. 17. Notice. All notices required or permitted by this Agreement shall be in writing and shall be deemed effective when received by the recipient party via personal delivery, United States Certified Mail, postage prepaid, return receipt requested, by messenger or by overnight delivery service, in all cases addressed to the person for who it is intended at their address set forth below or at such other address as such party shall have designated by notice in writing to the other party in the manner provided by this paragraph: Owner: Eagle Ridge Homes, LLC 1472 Huebinger Drive Glenwood Springs, Colorado 81601 With copy to: Neil W. Goluba Goluba & Goluba P.C. P.O. Box 931 Glenwood Springs, Colorado 81602 County: Board of County Commissioners of Garfield County, Colorado c/o Building and Planning Director 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 18. Amendment. This Agreement may be amended, modified or supplemented only by written agreement signed by the parties hereto. 19. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 20. Venue and Jurisdiction. Venue and jurisdiction for any cause arising out of or related to this Agreement shall lie with the District Court of Garfield County, Colorado, and this Agreement shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date first set forth above. BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO _________________________ By: ________________________________________ Clerk to the Board Chairman 6 Date: __________________________ EAGLE RIDGE HOMES, LLC, a Colorado limited liability company By: ______________________________________ Byron Vinger, Manager Date: __________________________ STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me by Byron Vinger, Manager of Eagle Ridge Homes, LLC, a Colorado limited liability company this ___ day of __________________, 2022. WITNESS my hand and official seal. My commission expires: _______ __________________________________________ Notary Public ITEM Demolition Sawcut Existing Asphalt 44 L.F. Remove Existing Asphalt 1,000 S.Y. Grading and Earthwork Earthwork - Cut (Patial Export)6,177 C.Y. Earthwork - Fill 3,326 C.Y. Topsoil Stripping,Stockpile and Placement - Est 6 Inches 2,404 C.Y. Earthwork - Cut for road sections replacement (Export)1,972 C.Y. Drill seed and Hydromulch 1.50 Acre Road and Parking Construction 3" Asphalt 1,013 Tons Class 6 Road Base 1,410 C.Y. 18" Vertical Curb & Gutter 802 L.F. 24" Mountable Curb & Gutter 2,258 L.F. Concrete Cross Pans 1,446 S.F. 4" Concrete Sidewalk 684 L.F. Domestic Water ---price includes trenching and fittings--- 8" C-900, Class 200 PVC water main (Replace)455 L.F. 6" C-900, Class 200 PVC water main 1,505 L.F. 8" Gate Valve 1 Each 6" Gate Valve 4 Each 6" Meter Vault (13'x6.5') and Pipe/Valve Assembly 3 Each Fire Hydrant Assembly w/ 6" Valve 2 Each 3/4" PureCore Water Service w/curb stop 35 Each 2" Blow-off Valve 2 Each Connect to Existing Water Main 3 Each Sanitary Sewer ---price includes trenching and fittings--- 8" SDR-35 Sewer Pipe 1,318 L.F. 4' Dia. Manhole 7 Each Install 4' Dia. Manhole Inline 1 Each 4" Sewer Service 35 Each Storm Sewer ---price includes trenching and fittings--- 18" Water Tight ADS-N12 240 L.F. 18" ADS Flared End Section 1 Each Curb Inlet 3 Each 4' Dia. Manhole 2 Each 5' Dia. Drywell 2 Each Detention Pond Release Structure 1 Each Irrigation 1" Irrigation Service 2 Each Shallow Utilities Utility Trench 2,721 L.F. Transformer Pad 1 Each Electric Vault 1 Each Lower Existing Gas Main 1 Each Miscellaneous Class I Ground Sign (Stop, Do Note Enter, etc)12 Each Community Mailboxes 4 Each Landscaping 1 L.S. Sediment Control Fence 1,410 L.F. Inlet Protection 2 Each Vehicle Tracking Control 4 Each Block Retaining Wall 1,000 S.F. Boulder Wall 540 S.F. Traffic Control 1 L.S. EXHIBIT A EAGLE RIDGE SUBDIVISION IMPROVEMENTS QUANTITY 1 of 1 ROAD MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into by and between EAGLE RIDGE HOMES, LLC, a Colorado limited liability company, 1472 Huebinger Drive, Glenwood Springs, Colorado 81601 (“Eagle Ridge”) and SARATOGA AUBURN, LLC, a Colorado limited liability company, 222 S. Morgan Street, Suite 4D, Chicago, Illinois 60607 (“Saratoga Auburn”). RECITALS A. Eagle Ridge owns the following described real property situate in the County of Garfield, State of Colorado: Lot 1, Resubdivision of Los Amigos Ranch Filing No. 1, according to the Plat recorded July 23, 1983 as Reception No. 344098, and Amended Plat recorded April 10, 2006 as Reception No. 695830 (“Lot 1”). B. Saratoga Auburn owns the following described real property situate in the County of Garfield, State of Colorado: Lot 2, Resubdivision of Los Amigos Ranch Filing No. 1, according to the Plat recorded July 23, 1983 as Reception No. 344098 (“Lot 2”). C. The Resubdivision of Los Amigos Ranch Filing No. 1, recorded as Reception No. 344098 in the Garfield County, Colorado records (the “Plat”) created a sixty (60) foot wide Road and Utility Easement providing access from County Road 114 to Lots 1 and 2 (the “Easement”). The road constructed within said Easement is known as Auburn Ridge Lane. D. Eagle Ridge has received approval to construct nineteen (19) townhomes and sixteen (16) single family homes on Lot 1. E. There are currently four (4) apartment buildings containing a total of forty-eight (48) units constructed on Lot 2. F. The parties are desirous of establishing a Road Maintenance Agreement for the shared portion of Auburn Ridge Lane defined below, for the benefit of their respective properties. AGREEMENT NOW, THEREFORE, for and in consideration of the promises and agreements herein contained, the sufficiency of which are hereby acknowledged, the parties agree as follows: 1.Shared Portion of Auburn Ridge Lane. That portion of Auburn Ridge Lane depicted on Exhibit A attached hereto extending from County Road 114, crossing the southwest corner of Lot 2 and traversing Lot 1 until it leaves Lot 1 near the northeast corner thereof shall be deemed the Shared Portion of Auburn Ridge Lane. 2. Road Maintenance Standards. The Shared Portion of Auburn Ridge Lane is currently paved and shall be maintained in a good condition and state of repair that will accommodate convenient travel over a reasonably smooth paved surface by an ordinary two-wheel drive passenger automobile. Potholes, cracks and other surface damage that does not constitute a relatively smooth paved surface shall be repaired as soon as reasonably practicable. 3.Sharing of Costs. The costs to improve, maintain or repair any part of the Shared Portion of Auburn Ridge Lane shall be shared equally between Lots 1 and 2. 4.Maintenance and Repairs. The owners of Lots 1 and 2 shall cooperate and consult with each other prior to any expenditures for the improvement, maintenance or repair of the Shared Portion of Auburn Ridge Lane. Notwithstanding the foregoing, each owner of a Lot shall have the right to make such improvements and repairs and perform such maintenance as may be required to achieve and maintain the minimum standard described in Paragraph 2 above. 5. Owner Responsibility. Notwithstanding anything herein contained to the contrary, any maintenance or repair, including any and all costs associated therewith, to the Shared Portion of Auburn Ridge Lane required as a result of the willful, intentional or negligent act of an owner of a Lot or any unit, lot, parcel or tract created therein, or any such owner’s tenants, guests, invitees, contractors or agents, shall be the sole responsibility and obligation of the owner of such Lot. 6.Enforcement. Failure of any owner of a Lot to pay its share of the maintenance, repair or improvement costs or otherwise comply with the provisions of this Agreement shall give rise to a cause of action in favor of the other owner aggrieved thereby for the recovery of damages, costs of action and attorney's fees. The failure of an aggrieved owner to enforce any such rights of collection or enforce the maintenance standards shall, in no event, be deemed a waiver of the right to do so in the future. 7.Amendments. This Agreement may be amended only upon the agreement of the owners of Lots 1 and 2, signed and acknowledged in the manner of a Deed and recorded in the Garfield County, Colorado records. 8.Assignment. Either owner shall have the right to assign its rights and obligations hereunder to one or more homeowners’ associations created in connection with any subdivision of such owner’s Lot; PROVIDED THAT, any such assignment and the assumption of such owner’s obligations under this Agreement by the association(s) shall be in writing, signed and acknowledged by such owner and the association(s) in the manner of a Deed and recorded in the Garfield County, Colorado records. 2 9.Attorney’s Fees. In the event legal action is taken to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other reasonable attorney’s fees and costs incurred. 10.Recording and Binding Effect. This Agreement shall be recorded in the records of Garfield County, Colorado and shall run with the Lots and any units, lots, tracts or parcels hereafter created within the Lots and shall be binding upon and inure to the benefit of the owners thereof and their respective successors and assigns. IN WITNESS WHEREOF, this Road Maintenance Agreement is executed this _______ day of ______________, 2022. EAGLE RIDGE HOMES, LLC, a Colorado limited liability company By:____________________________________ Byron Vinger, Manager STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ____ day of _____________ by Steven Robinson and Robin Robinson. Witness my hand and official seal. My commission expires: Notary Public SARATOGA AUBURN, LLC, a Colorado limited liability company By:_________________________________ Name:____________________________ Title:_____________________________ STATE OF _____________ ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of _____________ , 2022 by _____________________, as ____________ for Saratoga Auburn, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public 3 AUBURN RIDGE LANE 60' PRIVATE EMERGENCY ACCESS, DRAINAGE AND UTILITY EASEMENT AUBU R N RIDG E L A N E 60' PRI V A T E EMERG E N CY ACCES S, DRAI N A G E A N D UTILI T Y E A SEMEN T LOT 2 LOT 2 LOT 1 LOT 1 COUNTY ROAD 114scale: page: Project No: drawn by: checked by: date: file: HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945-2555 www.hceng.com 1 2201007 1" = 80' J:/220/1007/EXHIBIT A 3/27/22 HCE DRD AGREEMENT EXHIBIT A ROAD MAINTENANCE EAGLE RIDGE GARFIELD COUNTY EAGLE RIDGE HOMES, LLC LOS AMIGOS RANCHFILING 5 COMMON AREAOWNER: ELK SPRINGS HOAELK SPRINGS,LOS AMIGOS RANCH, FLG 6A Lot 1ELK SPRINGS, LLCPARCEL IDNO. 239305409001ELK SPRINGS,LOS AMIGOS RANCH,FLG 6A COMMON AREAOWNER: ELK SPRINGS, HOASUBJECT PROPERTYLOS AMIGOS RANCH FILING 1LOT 1 RE-SUBDIVISION FILING #1PREVIOUSLY DEVELOPEDMULTI-FAMILY PARCELLOS AMIGOS RANCH FILING 1LOT 2 RE-SUBDIVISION FILING #1RE-1 SCHOOL DISTRICT PARCELLOS AMIGOS RANCH FILING 5MULTI-FAMILY PARCELOPEN SPACE(OPEN SPACE EXCLUSIVE TOLOTS 1 AND 2 OF THE FILING 1RESUBDIVISION)5.102 ACRESPARCEL NO. 239305407020OWNER: ELK SPRINGS HOALOS AM IGOS RANCH F IL ING 5MULTI-FAM ILY PARCEL OPEN SPACE (OPEN SPACE EXCLUS IVE TO LOTS 1AND 2 OF THE F IL ING 1 RESUBD IV IS ION )5.361 ACRESPARCEL NO . 239305407019OWNER: ELK SPR INGS HOACOLORADO MOUNTAIN COLLEGECOUNTY ROAD 114COLORADO MOUNTAIN COLLEGEOSMOPEN SPACE EXHIBIT BYNO.DATEPROJECT NO.REVISIONHIGH COUNTRY ENGINEERING, INC. PHONE (970) 945-8676 - FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 COLORADO 811CALL BEFOREYOU DIGUtility NotificationCenter of Colorado2201007.00EAGLE RIDGE HOMES LLC EAGLE RIDGE SUBDIVISION GARFIELD COUNTY, COLORADO DRD RDN 12-23-21 OPENSPACEMAP VISUAL ANALYSIS Rendering View of Eagle Ridge Homes Section 5-402-H Visual Analysis H. 1a Please refer to Google Image labeled R2-General Ridge Line view for general location related to the property. In this image you will see the proposed Eagle Ridge Homes Site (ERH) as it relates to the general overall area. This image captures the local ridge line views of the project as well as the neighboring properties. Visual Analysis H. 1b The proposed Eagle Ridge Homes is located on Lot 1 Filing 1 within the previously approved Los Amigos Ranch PUD and is designated as a Multi Family Lot within this development. The property is located on an elevated bench area within the Los Amigos Ranch PUD. North of the project the elevation is slightly declining and largely consists of Dedicated Open Space that has been previously dedicated to the 2 Multi Family Lots in the Los Amigos Ranch PUD Northeast of the ERH is the location of Auburn Ridge Apartments which is the location of the only other Multi Family Lot (Lot 2) within Los Amigos PUD. Auburn Ridge Apartments consists of 4 buildings that are 3 stories tall. They were built in 1979-80 and have 48 rentals with 100% exterior parking. East of ERH the grade continues to climb and eventually drops sharply to Garfield County Road 114 (Spring Valley Road). On the other side of Spring Valley Road is the location of Colorado Community College (CMC). The higher grade between ERH and CMC will limit any view to CMC, if any at all. Southeast of ERH largely consists of a view from County Road 114 and the great valley beyond. This is the only area that would be considered a Ridge Line view of ERH. There are no current buildings in this view. South of ERH is vacant land which is located 15’ to 30’ below the proposed site. The natural view in this direction will be over any development on this property. Any development in the future on this vacant land to the south will naturally be angled to the south and east. Any view to the North (towards ERH) will largely look at the grade change between the two sites. Southwest of ERH is the location of the entrance to the Elk Springs Subdivision. This view is fairly flat and is blocked by existing off site pinon trees. West of ERH the grade is gradually dropping. This view is of the Elk Springs Subdivision Mail Box Center. The Mail Box Center for Elk Springs is shored up between ERH with a large basalt boulder wall to establish the grade for the Mail Box Station. It is apparent, the Elk Springs Subdivision Developer planted trees adjacent to the West boundary of ERH to shield any future view of the multifamily lots. These trees are now mature and are approximately 20’ to 30’ tall. Northwest of ERH is the greater Elk Springs Subdivision (ESS). The majority of this view is blocked by the natural grade within the subdivision and blocks ERH view of Lookout Mountain and beyond. With the elevated view of the ESS, a portion of the subdivision looks down and over Eagle Ridge Homes. Visual Analysis H 2a Illustrations of the Mass and Form of the Proposed ERH Refer to Rendering View R3-Existing Site In this view you will see the property boundary of Lot 1 Filing 1 (Proposed Location of Eagle Ridge Home). Notice the 4 existing foundations that were permitted for construction in 1979-1980 but where never finished. This is the current condition of the Proposed Site. This proposed site was part of the construction that included what is today known as Auburn Ridge Apartments. The construction on the proposed site was terminated due to an economic downturn in the early 1980’s and was never finished. Refer to Rendering View R4-Proposed ERH over Existing Site In this view you will see the proposed ERH over the Existing Site as it looks today. You will get a general feel for the proposed roads which demonstrates the connectivity to the existing Auburn Ridge Lane. It also reflects the total build out of the ERH project including the layout of the Townhome elements as well as a few of the Single family homes and building envelopes. Visual Analysis H 2b-c Illustrations of the Mass and Form of the Proposed ERH Refer to Rendering View R5-Rendered Site Plan In this Rendering you will get a specific view of the general layout of the project. Contour lines are displayed to help the viewer get a grasp of the basic changes to the site to accommodate the proposed ERH site. This rendering demonstrates both existing and proposed trees in the development. For a more detailed look please refer the Landscaping Plan that is included in the submittal. Refer to Rendering View R6-Sample Bald Eagle Units Blocks 1 & 2 Refer to Rendering View R7-Sample Golden Eagle Units Blocks 3 & 4 Refer to Rendering View R8-Sample Nest Units Block 1 & 2 In these renderings you will see the general architecture and scale for the Townhome portion of the proposed development. The townhome portion is located on the east side of Auburn Ridge Lane and consists of three models. The Bald Eagle Units total 7 units and are approximately 1150-1450 SF in size. The Golden Eagle Units total 8 units and are approximately 1450-1700 SF in size. The Nest Units total 4 Units and are approximately 968 SF in size. Refer to Rendering View R9-Single Family Maximum Building Height The single family element in the Proposed ERH is located on the west side of Auburn Ridge Land and consist of 16 Single Family Lots. This Rendering gives you a few examples of the possible mass and scale of a single family Unit. It is important to understand this rendering is only for a sample of the maximum building height allowed within the project. The size and shape can vary depending on the size, location, and design used. Noting the residence will fit within the building envelope and not exceed the maximum building height measured from the highest point on the roof measured vertically to the finished subdivision grade on the building envelope. Illumination: There is no street lighting proposed for the development. If the need arises for safety concerns then this lighting will be shielded to the horizontal view of the illumination source. All other lighting will be located on the exterior of each unit to address safe ty lighting for parking, ingress and egress from a home. Visual Analysis H 2b-c Street View (Auburn Ridge Land and County Road 114) Refer to Rendering R10 Existing Street View Existing view of the intersection of Auburn Ridge Land and County Road 114(Spring Valley Road) Refer to Rendering R11 Street View Camera Projection This view is intended to demonstrate what a view would look like from the intersection of County Road 114 (Spring Valley Road) and Auburn Ridge Lane looking up at the proposed project. This view is an example of someone standing 6 feet above the pavement at the intersection and looking up toward the proposed ERH. It is considered a Camera view or a Projection. Refer to Rendering R12 South Isometric View This view is intended to give you a birds eye view of the proposed Project. This view is located in the southeast portion of the proposed project. Visual Analysis H 2b-c (cont.) Refer to Rendering R13 Southeast View This is an elevation view located at the intersection of CR 114 and Auburn Ridge Lane. The difference in this view from the R10 Street View relates to the elevation from which the view is generated. This view is more that 40 feet above the intersection but allows the viewer an angle to see a more direct view of the site. Visual Analysis H 2d Written Statement This proposed development has utilized several techniques to mitigate the visual impacts. A few notable design decisions to help are listed. 1.) The site will largely use 2 story construction. The only place where 3 story construction exists is located on Block 3 and 4 where the finish subdivision grade drops off quickly. It should be noted, even in these areas, the building height measured at the highest point on the roof measured vertically to the subdivision grade will not exceed thirty feet tall. We have included a street view so the viewer can see the visual impact of this area. 2.) The townhome element will utilize very low pitched roofs to help with the visual impact of the proposed development. The roof materials used will have minimal to no reflectivity which will help mitigate the visual impact of the project. 3) The landscape plan demonstrates the use of trees to help soften the impact of future homes. 4) The proposed development will only use street lighting if required in areas to help with the use and safety of residents of ERH. This lighting will be shieled from the illumination source at a horizontal angle to help reduce the visual impact of the exterior Street light. 5) The overall design of the project was intended to strike a balance between the multi-family property to the east (Auburn Ridge Apartments) and the Elk Springs Subdivision single family homes to the west. Therefore, the proposed development will consist of single family homes on the westerly portion of the site and multi-family townhomes on the east side divided by Auburn Ridge Lane. 6) The proposed development will finally remove the 40 plus year old foundations that were abandoned in the early 1980’s. This will improve the visual impact for both the Elk Springs Subdivision and the Auburn Ridge Apartments. N . S k y lin e D r ive S . S kyl in e D r iv e Overlook Point Loop Overlook Point Loop Aubrun Ridge Lane County Road 114T ypi c al Buil d ing E n v e l o pe Scale Project number Date Drawn by Checked by Viking Maps Drafting Byron Vinger 1700 CR 120 Glenwood Springs Colorado 81601 bvinger@yahoo.com 1" = 50'-0"3/28/2022 1:47:22 AMR6 Proposed ERH over Existing 2022-1 Eagle Ridge Sub. ERH LLC Mar 14, 2022 Author Checker No.Description Date 1" = 50'-0"1 Proposed Overlay N . S k y line Driv e S . S k yli ne D riv e Overlook Point Loop O v er l o o k Po in t L oo p A ub r u n R id g e L an e County Road 114T y p ica lB u ild in g En ve lo p e Scale Project number Date Drawn by Checked by Viking Maps Drafting Byron Vinger 1700 CR 120 Glenwood Springs Colorado 81601 bvinger@yahoo.com 1" = 50'-0"3/27/2022 8:05:25 PMR2 Render- Site Plan 2022-1 Eagle Ridge Sub. ERH LLC Mar 14, 2022 Author Checker No.Description Date 1st Floor 0' -0" 2nd Floor 10' -1 3/4" 1st Floor T.P. 9' -1 1/8" 1 3 Lower Roof 18' -1 3/4" Roof High Point 26' -1 5/16" 2 Grade Level -0' -4" 22' - 0" 1st Floor 0' -0" 2nd Floor 10' -1 3/4" 1st Floor T.P. 9' -1 1/8" Lower Roof 18' -1 3/4" Roof High Point 26' -1 5/16" 4 65 Grade Level -0' -4"40' - 0" 1st Floor 0' -0" 2nd Floor 10' -1 3/4" 1st Floor T.P. 9' -1 1/8" 13 Lower Roof 18' -1 3/4" Roof High Point 26' -1 5/16" 2 Grade Level -0' -4" 22' - 0" 1st Floor 0' -0" 2nd Floor 10' -1 3/4" 1st Floor T.P. 9' -1 1/8" Lower Roof 18' -1 3/4" Roof High Point 26' -1 5/16" 465 Grade Level -0' -4"40' - 0" Scale Project number Date Drawn by Checked by Viking Maps Drafting Byron Vinger 1700 CR 120 Glenwood Springs Colorado 81601 bvinger@yahoo.com 1/4" = 1'-0"3/27/2022 1:27:37 PMBald Eagle Unit Rendering Expample Elev. Block1,2 Units 2022-1 Eagle Ridge Sub. ERH LLC Mar 24, 2022 BLV MP 1/4" = 1'-0"1 South-Bald Eagle Unit 1/4" = 1'-0"2 West-Bald Eagle Unit No.Description Date 1/4" = 1'-0"3 North-Bald Eagle Unit 1/4" = 1'-0"4 East-Bald Eagle Unit 1st Floor 0' -0" 2nd Floor 10' -1 3/4" Basement -6' -0" Lower Roof 18' -1 3/4" Grade Level -0' -6" 3 1 Up Roof 23' -10 1/2" 26' - 0" 1st Floor 0' -0" 2nd Floor 10' -1 3/4" Basement -6' -0" Lower Roof 18' -1 3/4" Grade Level -0' -6" 31 Up Roof 23' -10 1/2" 26' - 0" 1st Floor 0' -0" 2nd Floor 10' -1 3/4" Basement -6' -0" Lower Roof 18' -1 3/4" Grade Level -0' -6" A C D Up Roof 23' -10 1/2" 38' - 0"6' - 0" 1st Floor 0' -0" 2nd Floor 10' -1 3/4" Basement -6' -0" Lower Roof 18' -1 3/4" Grade Level -0' -6" ACD Up Roof 23' -10 1/2" 38' - 0"6' - 0" Scale Project number Date Drawn by Checked by Viking Maps Drafting Byron Vinger 1700 CR 120 Glenwood Springs Colorado 81601 bvinger@yahoo.com 1/4" = 1'-0"3/27/2022 1:46:21 PMGolden Eagle Units Rendering Example Elev. Blocks 3&4 2022-1 Eagle Ridge Sub. ERH LLC March 20,2022 BLV MKP No.Description Date 1/4" = 1'-0"1 North-Golden Eagle Unit 1/4" = 1'-0"2 South-Golden Eagle Unit 1/4" = 1'-0"3 West-Golden Eagle Unit 1/4" = 1'-0"4 East-Golden Eagle Unit 1st Floor 0' -0" 2nd Floor 9' -1 3/4" Foundation -2' -0" Top of Roof 22' -0" Grade Level -0' -6" Roof 17' -2 7/8" 22' - 0"22' - 0" 1st Floor 0' -0" 2nd Floor 9' -1 3/4" Foundation -2' -0" Top of Roof 22' -0" Grade Level -0' -6" Roof 17' -2 7/8" 1213 22' - 0"6' - 0" 1st Floor 0' -0" 2nd Floor 9' -1 3/4" Foundation -2' -0" Top of Roof 22' -0" Grade Level -0' -6" Roof 17' -2 7/8" 12 13 22' - 0"6' - 0" Scale Project number Date Drawn by Checked by Viking Maps Drafting Byron Vinger 1700 CR 120 Glenwood Springs Colorado 81601 bvinger@yahoo.com 1/4" = 1'-0"3/27/2022 2:40:56 PMSample-Nest Units Rendering Example Elev. Blocks 1&2 2022-3 Eagle Ridge Sub. ERH LLC March 22,2022 BLV MKP No.Description Date 1/4" = 1'-0"1 East-Nest Units 1/4" = 1'-0"2 North-Nest Units 1/4" = 1'-0"3 South-Nest Units 1st Floor 0' -0" 2nd Floor 11' -1 3/4" Lower Roof 22' -2" Grade Level -0' -6" ACD Up Roof 30' -0" Backyard Grade -4' -6" *Sample For Maximum Building Height* Measured Verically from the Roofs Highest Ridge or Point to the Subdivision Lot Grade Below Scale Project number Date Drawn by Checked by Viking Maps Drafting Byron Vinger 1700 CR 120 Glenwood Springs Colorado 81601 bvinger@yahoo.com 1/4" = 1'-0"3/27/2022 2:38:59 PMMax Building Height Sample- Max Building Height 2022-4 Eagle Ridge Sub. ERH LLC March 23, 2022 BLV MKP No.Description Date 1/4" = 1'-0"1 East Building Scaling Scale Project number Date Drawn by Checked by Viking Maps Drafting Byron Vinger 1700 CR 120 Glenwood Springs Colorado 81601 bvinger@yahoo.com 3/27/2022 10:53:20 PMR1 Perspective from CR 114 & Auburn Ridge Lane 2022-1 Eagle Ridge Sub. ERH LLC Mar 14, 2022 Byron Vinger Mike Patch No.Description Date 1 Steet View CR 114 and Auburn Lane Scale Project number Date Drawn by Checked by Viking Maps Drafting Byron Vinger 1700 CR 120 Glenwood Springs Colorado 81601 bvinger@yahoo.com 3/27/2022 8:27:41 PMR3 South Isometric View 2022-1 Eagle Ridge Sub. ERH LLC Mar 14, 2022 Author Checker No.Description Date 1 South Isometric View Scale Project number Date Drawn by Checked by Viking Maps Drafting Byron Vinger 1700 CR 120 Glenwood Springs Colorado 81601 bvinger@yahoo.com 3/27/2022 10:19:59 PMR4 Rendering SouthEast Elevation 2022-1 Eagle Ridge Sub. ERH LLC Mar 14, 2022 Author Checker No.Description Date 1 South East Elevation ~tech HEPWORTH· PAWLAK GEOTECHNICAL July 18, 2007 Rader Land and Development Attn: Hayden Rader 1280 County Road 154 Glenwood Springs, Colorado 81601 Hepwonh-P::iwlak Geotechnical, Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phonec 970-945-7988 Fax, 970-945-8454 email: hpgeo@hpgeotech.com Job No.I 07 0098 Subject: Subsoil Study for Foundation Design, Proposed Eagle Ridge Townhomes, Lots I to 21, Phase I, Auburn Ridge Lane, Garfield County, Colorado Dear Mr. Rader: As requested, Hepworth-Pawlak Geotechnical, Inc. perfo1med a subsoil study for design of foundations at the subject site. The study was conducted as a supplement to our agreement for geoteclmical engineering services to Rader Land Development dated February 26, 2007. The data obtained and our recommendations based on the proposed construction and subsurface conditions encountered are presented in this report. Hepworth-Pawlak Geoteclmical, Inc. previously performed a geologic site assessment for the subject development and presented our findings in a report dated March 8, 2007, Job No. I 07 0098. Prnposed Construction: The proposed townhomes in Phase I will consist of four buildings with 2 to eight units each. The units will be two story wood frame construction with slab-on-grade floor and located on the site as shown on Figure J. One building with eight units may have a walkout basement. Cut depths are expected to range between about 2 to 4 feet and up to 8 feet in units with a walkout basement. Foundation loadings for this type of constrnction are assumed to be relatively light and typical of the proposed type of construction. Jfbuilding conditions or foundation loadings are significantly different from those described above, we should be notified to re-evaluate the recommendations presented in this report. Site Conditions: The site is currently occupied by two existing foundations in Phase l and two foundations in Phase 2. A large pile of fill material is located in the n011hwest corner of the site. Vegetation consists of grass and weeds with scattered brush and juniper trees. The ground surface across most of the property is relatively flat with a slight slope clown to the west at a grade of about 4 percent then steepens on the north-northwest side. Subsurface Conditions: The subsurface conditions at the site were evaluated by observing seven exploratory pits excavated at the approximate locations shown on Figure I. The Jogs of the pits are presented on Figure 2. The subsoils encountered, below Parker 303-841-7 I 19 • Colorado Springs 7 I 9-633-5562 • Silverthorne 970,468-I 989 - 2 - typically one foot of topsoil were variable and consisted of slightly gravelly sandy silt in Pits I, 3 and 4 and basalt cobbles and boulders in a silt and sand matrix in Pits 2, 5 and 7. About 7 feet of man-placed fill was encountered in Pit 6. Results of swell-consolidation testing performed on relatively undisturbed samples of the sandy silt soils, presented on Figures 4, 5 and 6 indicate low compressibility under existing low moisture conditions and light loading and a moderate to high collapse potential (settlement under constant load) when wetted. The samples showed high compressibility under increased loading after wetting. No free water was observed in the pits at the time of excavation and the soils were slightly moist to moist. Foundation Recommendations: Considering the subsoil conditions encountered in the exploratmy pits and the nature of the proposed construction, we recommend spread footings placed on the undisturbed natural soil or compacted structural fill designed for an allowable soil bearing pressure of 1,200 psf for suppo1t of the proposed townhome buildings. The silt soils tend to compress after wetting and there could be post- construction foundation settlement if the bearing soils become wetted. The settlement would be differential between silt and basalt rock bearing soils. Possible sources of wetting include site drainage, utility lines and landscape in-igation. Footings should be a minimum width of20 inches for continuous walls and 2 feet for columns. Loose and disturbed soils, existing fill and debris from prior site development encountered at the foundation bearing level within the excavations should be removed and the footing bearing levels extended down to the undisturbed natural soils. Exterior footings should be provided with adequate cover above their bearing elevations for frost protection. Placement of footings at least 36 inches below the exterior grade is typically used in this area. Continuous foundation walls should be reinforced top and bottom to span local anomalies such as by assuming an unsupported length of at least I 4 feet. Foundation walls acting as retaining structures should be designed to resist a lateral earth pressure based on an equivalent fluid unit weight of at least 55 pcf for the on-site soil as backfill. Stmctural fill place below footing bearing level should be compacted to at least 98% of standard Proctor density at near optimum moisture content. Floor Slabs: The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded slab-on-grade construction. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints which allow unrestrained vertical movement. Floor slab control joints should be used to reduce damage due to shrinkage cracking. The requirements for joint spacing and slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4 inch layer of free-draining gravel should be placed beneath basement level slabs to facilitate drainage. This material should consist of minus 2 inch aggregate with less than 50% passing the No. 4 sieve and less than 2% passing the No. 200 sieve. All fill mate1ials for support of floor slabs should be compacted to at least 95% of maximum standard Proctor density at a moisture content near optimum. Required fill can consist of the on-site soils devoid of vegetation, topsoil, oversized rock and debris. Job No. 107 0098 ~tech -3 - Underdrain System: Although free water was not encountered during our exploration, it has been our experience in the area that local perched groundwater can develop during times of heavy precipitation or seasonal mnoff. Frozen ground during spring runoff can create a perched condition. We recommend below-grade constmction, such as retaining walls and basement areas, be protected from wetting and hydrostatic pressure buildup by an underdrain system. Slabs placed at to above adjacent finish grade should not require an underdrain system. The drains should consist of drainpipe placed in the bottom of the wall backfill smTounded above the invert level with free-draining granular material. The drain should be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1 % to a suitable gravity outlet. Free-draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, Jess than 50% passing the No. 4 sieve and have a maximum size of2 inches. The drain gravel backfill should be at least 1 ½ feet deep. An impervious membrane such as 30 mil PVC should be placed beneath the drain gravel in a trough shape and attached to the foundation wall with mastic to prevent wetting of the bearing soils. Surface Drainage: The following drainage precautions should be observed during constmction and maintained at all times after the townhome buildings have been completed: I) Inundation of the foundation excavations and underslab areas should be avoided during construction. 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95% of the maximum standard Proctor density in pavement and slab areas and to at least 90% of the maximum standard Proctor density in landscape areas. Free-draining wall backfill should be capped with about 2 feet of the on-site, finer graded soils to reduce surface water infiltration. 3) The ground surface sun-ounding the exterior of the building should be sloped to drain away from the foundation in all directions. We recommend a minimum slope of 12 inches in the first 10 feet in unpaved areas and a minimum slope of2½ inches in the first 10 feet in pavement and walkway areas. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. 5) Landscaping which requires regular heavy irrigation and sprinkler heads should be located at least 10 feet from the building. Consideration should be given to the nse ofxeriscape to limit potential wetting of soils below the foundation caused by in-igation. Limitations: This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no waJTanty either express or implied. The conclusions and recommendations submitted in this rep01t are based upon the data obtained from the exploratory pits observed at the locations indicated on Figure 1 and to the depths shown on Figure 2, the proposed type of construction, and our experience in the area. Our services do not include deterrnining the Job No. J 07 0098 ~tech -4 - presence, prevention or possibility of mold or other biological contaminants (MOBC) developing in the future. If the client is concerned about MOBC, then a professional in this special field of practice should be consulted. Our findings include interpolation and extrapolation of the subsui-face conditions identified at the exploratory pits and variations in the subsurface conditions may not become evident until excavation is perf01med. If conditions encountered during construction appear different from those described in this report, we should be notified at once so re-evaluation of the recommendations may be made. This repo1t has been prepared for the exclusive use by our client for design prnposes. We are not responsible for technical interpretations by others of our info1mation. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately inte1preted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation beming strata and testing of structural fill by a representative of the geotechnical engineer. If you have any questions or ifwe may be of further assistance, please let us know. Respectfully Submitted, HEPWORTH -PAWLAK GEOTECHNJCAL, JNC. Louis E. Eller Reviewed by: Steven L. Pawlak, P.E. LEE/ksw attachments Figure I -Location of Exploratory Pits Figure 2 -Log of Exploratory Pits Figure 3 -Legend and Notes Figures 4, 5 and 6 -Swell-Consolidation Test Results Table I -Sl!lnmary of Laboratory Testing Results cc: Kurtz & Associates -Attn: Brian Kurtz Job No. !07 0098 ~tech rr•P••<'•"'-•· ,,,,.,,~,,_"...-,.,'"*'•"~~••••••·-'•'••'"'~"',__., ______________ .,..,,...,~- I Moisture Content = 10,5 percent I Dry Density = 72 pct Sample of: Sandy Silt From: Pit 3 at 2 Feet 0 I ' I I I I I 2 Compression -;ft. I upon ~ wetting z 4 0 u.i (f) i w 6 I a: ' n. ' I 2 0 0 8 i 10 I I\ 12 ' I \ I ! i ' 14 l I :\ i I ' 16 . I I b ! ~ 18 1\ ~ 20 I 0,1 1.0 10 100 APPLIED PRESSURE ( ksf) I 107 0098 ~tech SWELL-CONSOLIDATION TEST RESULTS FIGURE 5 1 .... .,, . .,.,. h-wmli-""'"ok -• technical ~-~"~""" ~--· .-,., ... ~~,,..~ ,,.,-,.,,,...,,.,...,,, .......... --~-....... ,_,,_,u-, '"·' a I I 0 z 2 0 1ii ff3 a: 3 (L :;j,: 0 0 4 5 6 7 8 9 10 11 12 I I I h ~~ I I I I I LJ ' \ \ \J \ I \ 0.1 1.0 Moisture Content = 22.8 percent Dry Density = 80 pcf Sample of: Calcareous Sand and Silt From: Pit 4 at 4 Feet I I I Compression upon wetting I I i I I I • I ' I I I I i I I i I I \ ' \ ' ,) 10 100 APPLIED PRESSURE ( ksf) 'l-----~-----------.-----------------~---:-11 t_.~7~098 ·-. h~!~ SWELL-CONSOLIDATl~N TEST RESULTS FIGURE .. dJ HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE 1 Job No. 107 0098 SUMMARY OF LABORATORY TEST RESULTS SAMPLE LOCATION NATURAL NATURAL GRADATION PERCENT ATTERBERG LIMITS UNCONFINED MOISTURE DRY GRAVEL SAND PASSING LIQUID PlASTIC COMPRESSIVE SOIL DR PIT DEPTH CONTENT DENSITY NO. 200 LIMIT INDEX S1RENGTH BEDROCK TYPE (%) (%) SIEVE (ft:) (% \ /ncf\ (%) (%\ (PSFl 1 3 1/2 12.6 78 60 Sandy Silt 3 2 10.5 72 Sandy Silt 4 4 22.8 80 41 Calcareous Sand and Silt March 30, 2022 Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Eagle Ridge Subdivision - Compliance with Standards in Sections of Article 7, Divisions 1,2, 3, and 4 of the Garfield County Land Use and Development Code DIVISION 1 - GENERAL APPROVAL STANDARDS. 7-101. ZONE DISTRICT USE REGULATIONS The subdivision is within the existing Los Amigos Ranch PUD and meets the zoning requirements described in the multi-family zone district within the PUD. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS The subdivision is in general conformance with Garfield County’s comprehensive plan. The Los Amigos Ranch PUD approval created the Multi-family PUD zoning was approved with the goal to protect the natural environment and provides reasonably priced housing. The multi-family zoning provided open space requirements, overall setbacks, maximum coverage allowances, building height restrictions, minimum lot areas, etc. 7-103. COMPATIBILITY The proposed multi-family proposed was originally planned for up to 48 units. The proposed design has 35 units. This property (Lot 1) is compatible with the adjoining existing multi-family subdivision on Lot 2 call Auburn Ridge Road. The property is surrounded by residential properties and/or open space parcels related to the overall PUD. 7-104. SOURCE OF WATER The source of water is from wells that provide water for the Red Canyon Water Company community water system which is now operated by the Elk Springs Homeowners Association, Inc. 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS The existing water system is managed by Elk Springs Homeowners Association, Inc. and the proposed development will connect into the existing water main that crossing the subject property. The existing Spring Valley Sanitation District has a sewer main along the north property line of the subject property which will be connected to a one proposed manhole along the existing main to serve the property lots. The Spring Valley Sanitation District has existing capacity to in the sewer mains and at the sewer treatment facility to extend the system to the proposed 35 proposed units. 7-106. PUBLIC UTILITIES The subdivision will have access to telephone, gas, and electric services. All new utility work will be underground. There are some existing utility easements that are to be vacated to fit the property development layout and new easements are provided according to the proposed plat. 7-107. ACCESS AND ROADWAYS The proposed development has access to the County Road 114 via a private road that will be improved by the proposed construction. There are a number of design waivers requested relative to the roadway design standards (Table 7-107). 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS The subject property is not impacted by any known natural hazards. 7-109. FIRE PROTECTION The property has been reviewed by the Carbondale and Rural Fire Protection District for a preliminary review prior to the major subdivision review for access and location of existing and proposed fire hydrants. DIVISION 2 - GENERAL RESOURCE PROTECTION STANDARDS 7-201. AGRICULTURAL LANDS The subject property does not adjoin any agricultural land. The property will observe County fence requirements and animal restrictions. There are no irrigation ditches crossing the subject property. 7-202. WILDLIFE HABITAT AREAS The subject property does not change the animal migration corridors for animals in the area. The subdivision will not be fenced off at the perimeter and the density of the subdivision has been reduced from the original PUD approvals. The site is surrounded by paths in the open space and undeveloped residential land for animals to circulate to the surrounding natural vegetation. Domestic animal controls will be according to Garfield County rules and regulations. 7-203. PROTECTION OF WATERBODIES There are no bodies of water on or around the perimeter of the subject property. 7-204 DRAINAGE AND EROSION The property will utilize curb and gutter, crosspans, and storm sewer piping to direct storm runoff to the proposed detention pond and drywells in order to detain the 25-yr, 24-hr storm event. The infrastructure must also convey the 100-yr, 24-hr storm safely within the property and control the overflow from the detention areas. Retention areas are to emptied with 24-hours. Areas not collected and conveyed to the detention facility will be drained across vegetation areas for water treatment and not exceed the historic runoff to the associated downstream drainage basin. 7-205. ENVIRONMENTAL QUALITY Air quality and water quality cannot be negatively impacted by the proposed development. 7-206. WILDFIRE HAZARDS Non-combustible or Fire Department recommended roofing materials and restrictions on the vegetation on the property will help to mitigate the fire hazards. 7-207. NATURAL AND GEOLOGIC HAZARDS The property sits along a ridgeline and does not have hazards related to avalanches, landslides, or rockfall. Existing slopes over 20% within the proposed lots will be engineered to mitigate hazards. 7-208. RECLAMATION The proposed property follows the existing topography as close as possible to allow for the placement of the 35 units and safe internal roads. Boulder retaining wall and walk out levels of housing will be utilized whenever possible to reduce the need for steep transitions to the natural grades on the project perimeter. A dry seed mix will be used to revegetate the disturbed area as monitoring for noxious weeds on the construction stockpile areas. DIVISION 3 - SITE PLANNING AND DEVELOPMENT STANDARDS 7-301. COMPATIBLE DESIGN The multifamily portion of the property is compatible with the similar use on Lot 2, Auburn Ridge, which is a 48 unit multi-family development. The single family portion of the proposed development is divided by the main access road, Auburn Ridge Lane, across the property. The surrounding properties are either residential or open space. 7-302. OFF-STREET PARKING AND LOADING STANDARDS The single family portion of the project has 6 community spaces to be used by the 16 lots. Each single family house is also providing 2 spaces in the garage and 2 spaces in the driveway. The multi-family portion of the development has 14 spaces beyond the 2 car garages and driveways. 15 of the 19 units have up to four spaces available. 4 of the units do not have driveways and garages and will have some of the 14 additional spaces dedicated exclusively for their use. Using the 2.5 spaces per multi-family unit requirement, this part of the development needs 10 spaces minimum. There are 4 additional community spaces available. 7-303. LANDSCAPING STANDARDS The landscaping for the subject property shall be consistent with the PUD and be compatible with the local conditions. See landscape plan for irrigation areas and plantings. 7-304. LIGHTING STANDARDS The applicant is not proposing any street lights for the parking or road intersections. All lighting will be mounted to the houses and will be done according to County requirements as downcast lighting, no more than 40’ in height, and directed away from the vision of drivers and neighboring houses. 7-305. SNOW STORAGE STANDARDS. Snow storage will be in the open space tracts outside of the parking spaces and will be equivalent to 2.5% of the total area of the roads/and off-street parking. Snow storage shall not restrict the view lines along the streets required for safe intersections. 7-306. TRAIL AND WALKWAY STANDARDS The surrounding roads and properties do not have a system of sidewalk/trials that the multi- family units can connect. There are some proposed sidewalks to connect the parking areas to the lots within Blocks 1 and 2. These paths will be for the use of the residents of the townhouse units. DIVISION 4 - SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS 7-401. GENERAL SUBDIVISION STANDARDS The maintenance of the common areas will managed by the 2 HOA groups. One for the townhouse areas and one for the single family area. The line establishing the boundary of the 2 maintenance areas is established on sheet 3 of the preliminary plat. The subdivision will restrict fireplaces and domestic animals according to either the CCRs, final plat, and/or Garfield County code. The subdivision does not sit within an existing floodplain. 7-402. SUBDIVISION LOTS The layout of the proposed lot is in conformance with the multi-family PUD zoning standards established by resolution 2008-20. 7-403. SURVEY MONUMENTS The applicant will set all of the property corners for the proposed final platted filings prior to the advertising or sale of any properties. 7-404. SCHOOL LAND DEDICATION A parcel of land was dedicated to the RE-1 school district during the original PUD platting and was to complete the obligations of the subject multi-family PUD zoned parcel. 7-405. ROAD IMPACT FEES The road impact fees for the subject residential property will be according to Table 7-405 according to the July 1, 2015 updated to the Road Impact Fee Study. Daniel Dennison High Country Engineering