HomeMy WebLinkAbout1.00 General Application Materials_PartE111111111111111111111111111111111111111 111 1111111111111
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any part of a bifurcated Basalt Water Conservancy District contract issued to the Trust or any transferee
of any of the Trust's Taps shall not constitute a default hereunder, but the Association may require that
as a condition to initial or continuing service from the Water System, the owner of a Tap demonstrate to
the reasonable satisfaction of the Association that such owner has adequate legal water rights to support
such Tap or has furnished the Association with such rights.)
Upon the permitted transfer of a Tap by the Trust or a transferee of a Tap belonging to the Trust
hereunder, the transferor shall be released from any responsibility whatsoever for any costs or charges as
a user of the Water System accruing in connection with such Tap after the date of transfer.
Notwithstanding anything to the contrary contained herein, from and after the Activation of a Tap,
such Tap (and the corresponding rights and obligations hereunder) shall be appurtenant to the fee simple
title to the tract of land (or any portion thereof designated by the owner of the Tap at the time of Activation
of the Tap) upon which is situated the dwelling receiving water service pursuant to such Tap. The owner
of the fee simple title to such land shall automatically be the owner of such appurtenant Tap, and such Tap
shall automatically pass with fee simple title to such land.
6. Insurance; Indemnification; Waiver of Subrogation. The Association shall fully indemnify,
defend and hold the Trust, its Trustees, beneficiaries, agents and employees, harmless from all losses,
costs, expenses and liabilities and every demand or claim or assertion of liability, or any claim or action
founded thereon, arising or alleged to have arisen out of the ownership, use or non-use of the Water
System or any act or omission in connection with the Administration of the Water System.
The Association shall at all times maintain comprehensive general liability insurance with a
responsible insurance company reasonably satisfactory to the Trust, properly protecting and indemnifying
the Trust with combined single limit coverage in an amount reasonably satisfactory to the Trust, but not
less than $1,000,000.00 per occurrence, covering all risks associated with the ownership and use of the
Water System and the Administration of the Water System. The Trust shall be named as an additional
insured on such policy, and the Association shall furnish the Trust with a certificate or certificates of such
insurance, so naming the Trust and providing that such insurance cannot be terminated or amended to
reduce the scope or amount of coverage except with ten (10) days prior written notice to the Trust.
The Association hereby releases the Trust from any and all liability or responsibility to the
Association or anyone claiming through or under the Association by way of subrogation or otherwise for
any loss or damage to property which is or could be covered by "all-risk" or other property damage
insurance, even if such loss or damage is caused by the fault or negligence of the Trust or anyone for
whom the Trust may be responsible. The Association covenants that any insurance it obtains respecting
the Water System or the Administration of the Water System shall contain an appropriate provision
whereby the insurance company or companies consents to the release of liability and waiver of subrogation
contained in this paragraph.
7. Relinquishment of Rights to Water System. If either the Association, the Trust or any other
user of the Water System should ever desire to relinquish its rights in and to the Water System, it may do
so by ceasing all use of the Water System and by conveying its interest in the Water System, the Water
Rights and this Agreement to the Association or pro rata to the other users of the Water System for
Whitecloud Ridge Domestic Water System
Operating Agreement
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nominal consideration. Upon the execution and delivery of appropriate documents of conveyance, the
relinquishing party shall lose all of its interest and rights in and to the Water System and this Agreement,
shall no longer be considered to be a party to this Agreement, and shall also be absolved of any further
responsibility with respect to the Administration of the Water System, except for previously accruing
obligations. In the event that alternative municipal water service becomes available to the users of the
Water System, ownership, operation and control, or management of the Water System may be turned over
to the provider of such alternative municipal water service upon such terms and conditions as may be
unanimously approved by the Association and the owners of the Taps belonging to the Trust hereunder.
8. Default, Remedies.
a. Events of Default. The following shall be deemed to be an event of default by a
party ("Event of Default"):
If any party shall fail in the performance of or compliance with any of the
covenants, agreements, terms or conditions contained in this Agreement and such failure shall
continue for a period of thirty (30) days after written notice thereof from a nondefaulting party to
the party failing to perform or comply, specifying in detail the nature of such default, or, in the case
of a nonmonetary default which cannot with due diligence be cured within such thirty (30) day
period, if said party fails to proceed promptly and with all due diligence to cure the same and
thereafter to prosecute the curing of such failure with all due diligence (it being intended that in
connection with a failure not susceptible of being cured with due diligence within thirty (30) days
that the time within which to cure the same shall be extended for such period as may be necessary
to complete the same with all due diligence, but in no event longer than ninety (90) days);
b. Remedies. Upon the occurrence of an Event of Default by any party hereunder
which is not cured within the time period permitted, a non -defaulting party shall be entitled to:
i. Specific performance of the defaulting party's obligations hereunder and
injunctive relief, as applicable, under the laws of the State of Colorado.
ii. Demand payment of all amounts due the non -defaulting party under the
terms of this Agreement, and demand the payment of all costs, damages, expenses and reasonable
attorneys' fees of the non -defaulting party due to said default;
iii. Remedy any Event of Default, and in connection with such remedy, the
non -defaulting party may pay all expenses and employ counsel, and all sums so expended or
obligations incurred by said party in connection therewith shall be paid by the defaulting party to
the nondefaulting party upon demand, and on failure of such reimbursement, the nondefaulting
party may, at its option, deduct all costs and expenses incurred in connection with remedying an
Event of Default from the next sums subsequently becoming due to said defaulting party under the
terms of this Agreement; and
iv. No remedy herein conferred upon or reserved to a party is intended to be
exclusive of any other available remedy or remedies, but each and every such remedy shall be
Whitecloud Ridge Domestic Water System
Operating Agreement
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cumulative and shall be in addition to every other remedy given under this Agreement or now or
hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or
power accruing upon any breach by any party shall impair any such right or power or shall be
construed to be a waiver thereof, but any such right and power may be exercised from time to time
and as often as may be deemed expedient.
c. Attorneys Fees. The parties agree that if any action at law or in equity, including
an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement; the
prevailing party shall be entitled to recover reasonable attorneys' fees from the nonprevailing party, which
fees may be set by the Court in the trial of such action and may be enforced in a separate action brought
for that purpose, and which fees shall be in addition to any other relief which may be awarded.
9. Miscellaneous.
a. Successors and Assigns. This Agreement and the rights and obligations set forth
herein shall be binding upon and inure to the benefit of the parties hereto and their respective successors
and permitted assigns. Except as the Trust and transferees of Taps are permitted to assign their interest
in and to this Agreement as provided in paragraph 5 hereof, this Agreement and the rights and obligations
set forth herein may not be assigned by any party without the prior written consent of the other then parties
hereto. At such time as Developer has properly completed its obligations under paragraph 2 hereof and,
pursuant to paragraph 3 hereof, has properly transferred the Water System and the Water Rights to the
Association and the Trust, respectively, then Developer's obligations hereunder shall be deemed to have
been fully performed and Developer shall be released from, and no longer considered to be a party to, this
Agreement.
b. Severability; Partial Invalidity. If any one or more of the provisions of this
Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or
unenforceable, such provision shall be modified to the minimum extent necessary to make it or its
application valid and enforceable, and the validity and enforceability of all other provisions of this
Agreement and all other applications of any such provisions shall not be affected thereby.
c. Heading and Terms. The captions and headings herein are for convenience of
reference only and shall not be used to construe the agreement of the parties as set forth herein. Words
of any gender used herein shall be construed to include any other gender, and words in the singular shall
be held to include the plural, unless the context requires otherwise.
d. No Waiver. No delay of or forbearance by any party hereto in exercising any right
or remedy hereunder and no performance of any act or matter which is not expressly required to be
undertaken by such party shall be construed, respectively, to be a waiver of such party's rights or to
represent any agreement by such party to undertake or perform such act or matter thereafter.
e. Entire Agreement and Amendment. This Agreement contains the entire agreement
of the parties relating to the subject matter hereof. No amendment or supplement hereto shall be binding
unless by agreement in writing signed by all the then parties hereto.
Whitecloud Ridge Domestic Water System
Operating Agreement
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f. Notices. All notices or other communications (collectively, "notices") required or
provided for under this Agreement shall be in writing and shall be served by hand delivery, by prepaid
United States certified mail, return receipt requested, or by reputable overnight delivery service
guaranteeing next -day delivery and providing a receipt. All notices shall be addressed to the parties at the
respective addresses as set forth below, except that any party may, by notice in manner provided above,
change this address for all subsequent notices. Notices shall be deemed served and received upon the
earlier of the third day following the date of mailing (in the case of notices mailed by certified mail) or
upon delivery (in all other cases). A party's failure or refusal to accept service of a notice shall constitute
delivery of the notice.
If to Developer:
If to the Association:
If to the Trust:
g.
Thomas W. Levitt
Molly G. Levitt
P.O. Box 414740
Kansas City, MO 64141
Whitecloud Ridge Homeowners Association
c/o Lawrence R. Green, Esq.
Delaney & Balcomb, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81601
The 1993 Thomas W. Levitt Family Trust
P.O. Box 414740
Kansas City, MO 64141
Governing Law. This Agreement shall be governed by and construed in accordance
with Colorado Law. Venue for any legal action arising out of this Agreement shall lie solely in Garfield
County, Colorado.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written
above.
DEVELOPER:
JLF7fL
THOMAS W. LEVITT
Val
MOLL G. LEVITT
Whitedoud Ridge Domestic Water System
Operating Agreement
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ASSOCIATION: WHITECLOUD RIDGE HOMEOWNERS
ASSOCIATION, a Colorado non-profit Corporation
TRUST:
STATE OF
COUNTY OF
ss.
By //1,4~-,
Thomas W. Levitt, President
THE 1993 THOMAS W. LEVITT FAMILY TRUST,
under agreement dated January 20, 1993
74," By
By
Thomas W. Levitt, Trustee
John C. Davis, Trustee
The f6regoing instrument was acknowledged before me this
Thomas W. Levitt and Molly G. Levitt.
CAROL RAKOSKI
Notary Public —Notary Seal
STATE OF MISSOURI
Jackson Cc7 r,ty
My Commission Expires: ;,;:;;;
official se
day o
OTARY PUBLI
My commission expires: / Y f' C'
Address:
r
kS -s Q l fle v41pb
Whitecloud Ridge Domestic Water System
Operating Agreement
Page 10
1997, by
1 111111 11111 111111 11111 111111 11111 11111 111 111111 111 1111
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STATE OF
COUNTY OF
42J-(1).-
ss.
The P:s egoing instrument was acknowledged beforeg me this Y day o , 1997, byThomasW. Levitt, President of Whitecloud Ridge Homeowners Association, a Colorado non-profitCorporation.
WITNESS- Illy hand arid ufIic.d
CAROL RAKOSKI
Notary Public —Notary Seal
STATE OF MISSOURI
Jackson County
My Commission Expires: June 15, 1998
My commission expires
Address: ! AO I k) ML11
414-1k1 A -a 0-
STATE OF
COUNTY OF
27
rna( i h
1 seal.
a TARP P : IC
X519
The f going instrument was acknowledged before me this I r day /7/. 1997, byThomasW. evitt and John C. Davis, Trustees of The 1993 Thomas W. Levitt Family Trust, under
agreement dated January 20, 1993.
k
CAROLRAK
Notary Public —Notary Seal
STATE OF MISSOURI
Jackson Cunt
INity urat;
1
My commission expires:
Address: 10\0( L
1A -rt S A$ Gt
I g\cvittlwateragr.169\June 24, 1997
official seal.
TARY PUBLIC
c) ( 9 E
eT
Yv10 (A104, 4v
Whitecloud Ridge Domestic Water System
Operating Agreement
Page 11
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In 0
E a A PARCEL OF LAND SITUATED IN THE SWI/4 OF SECTION 28 AND THE SEI/4SE1/4
E z OF SECTION 29 TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL
0 MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PROPERTY BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
r)W
mow
N IL
momm a COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD
ez
COUNTY SURVEYOR BRASS CAP IN PLACE, THE TRUE POINT OF BEGINNING;
Gl THENCE S 89055'39" W ALONG THE SOUTHERLY LINE OF SAID SECTION 29 1324.02
e9
0
FEET TO THE EAST SIXTEENTH CORNER OF SECTION 29 AND SECTION 32; THENCE
MINm m N 03 '37'21" E ALONG THE WESTERLY LINE OF THE SEI/4SE1/4 OF SAID SECTION
N GI 291376.58 FEET TO THE SOUTHEAST SIXTEENTH CORNER OF SECTION 29; THENCE
N °1 N 89 '27'43" E ALONG THE NORTHERLY LINE OF SAID SE1 /4SEI /41355.71 FEET TOIMM
a THE SOUTH SIXTEENTH CORNER OF SECTION 28 AND SECTION 29; THENCE
co N 04 '53' 43" E ALONG THE WESTERLY LINE OF SAID SECTION 2814.53 FEET TO A
to c POINT IN AN EXISTING FENCE; THENCE LEAVING SAID WESTERLY LINE THE
FOLLOWING FIVE (5) COURSES ALONG SAID EXISTING FENCE:
1. S 89'50'52" E 489.38 FEET
2. N 88 °49'00" E 162.00 FEET
3. S 89 °21'00" E 230.00 FEET
4. N 89 °48'00" E 174.98 FEET
5. S 89000'00" E 277.90 FEET; THENCE LEAVING SAID EXISTING FENCE
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET
AND A CENTRAL ANGLE OF 77047'32" A DISTANCE OF 162.93 FEET (CHORD BEARS
S 42 °41'34" W 150.70 FEET); THENCE S 81°35'20" W 281.45 FEET; THENCE ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET AND A
CENTRAL ANGLE OF 52 °15'54" A DISTANCE OF 200.68 FEET (CHORD BEARS
S 55 °27'23" W 193.80 FEET); THENCE S 29°19126" W 99.23 FEET; THENCE ALONG THE
ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 280.00 FEET AND A
CENTRAL ANGLE OF 17 °47149" A DISTANCE OF 86.97 FEET (CHORD BEARS
S 38 '13'21" W 86.62 FEET); THENCE S 36°43'42" E 100.68 FEET; THENCE ALONG THE
ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET AND A
CENTRAL ANGLE OF 05 008152" A DISTANCE OF 35.94 FEET (CHORD BEARS
S 34 °09'16" E 35.93 FEET); THENCE S 31 034150" E 76. 82 FEET; THENCE ALONG THE
ARC OFA CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL
ANGLE OF 68'26'41" A DISTANCE OF 203.08 FEET (CHORD BEARS S 65 '48'11" E
191.22 FEET); THENCE N 79 °58'28" E 155.83 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE
OF 17 °43' 43" A DISTANCE OF 154.71 FEET (CHORD BEARS N 71 006137" E 154.09
FEET); THENCE N 62 014146" E 15.12 FEET TO A POINT ON THE EASTERLY LINE OF
SW1 /4S W1/4 OF SECTION 28; THENCE S 03 °23'54" W ALONG SAID EASTERLY LINE
801.53 FEET TO THE WEST SIXTEENTH CORNER OF SECTION 28 AND SECTION 33;
THENCE S 89040'17" W ALONG THE SOUTHERLY LINE OF SAID SECTION 281371.75
FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 79.451
ACRES, MORE OR LESS.
Exhibit A
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NM=°°
PROPERTY DESCRIPTION
Exhibit B
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en THE 1993 THOMAS W. LEVITT FAMILY TRUST PROPERTY (MODIFIED AGAIN)
A PARCEL OF LAND SITUATED IN THE SW1/4 AND THE W1/2SE1/4 OF SECTION 28,
TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 28, A GARFIELD
COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 63°50'49" E 1573.54 FEET TO
A POINT ON THE EASTERLY LINE OF THE SWI/4SW1/4 OF SAID SECTION 28, THE
TRUE POINT OF BEGINNING; THENCE N 03023'54" E ALONG SAID EASTERLY LINE
114.62 FEET; THENCE LEAVING SAID EASTERLY LINE S 62°14' 46" W 15.12 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
500.00 FEET AND A CENTRAL ANGLE OF 17°43'43" A DISTANCE OF 154.71 FEET
CHORD BEARS S 71°06'37" W 154.09 FEET); THENCE S 79°58'28" W 155.83 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
170.00 FEET AND A CENTRAL ANGLE OF 68°26'41" A DISTANCE OF 203.08 FEET
CHORD BEARS N 65°48'11" W 191.22 FEET); THENCE N 31°34'50" W 76.82 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00
FEET AND A CENTRAL ANGLE OF 05°08'52" A DISTANCE OF 35.94 FEET (CHORD
BEARS N 34°09'16" W 35.93 FEET); THENCE N 36°43' 42" W 100.68 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 280.00 FEET
AND A CENTRAL ANGLE OF 17°47'49" A DISTANCE OF 86.97 FEET (CHORD BEARS
N 38° 13' 21 " E 86.62 FEET); THENCE N 29°19'26" E 99. 23 FEET; THENCE ALONG THE
ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 220.00 FEET AND A
CENTRAL ANGLE OF 52°15'54" A DISTANCE OF 200.68 FEET (CHORD BEARS
N 55°27'23" E 193.80 FEET); THENCE N 81°35'20" E 281.45 FEET; THENCE ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 120.00 FEET AND A
CENTRAL ANGLE OF 77°47'32" A DISTANCE OF 162.93 FEET (CHORD BEARS
N 42°41'34" E 150.70 FEET) TO A POINT ON THE EASTERLY LINE OF THE
NW1/4SW1 /4 OF SAID SECTION 28; THENCE N 03°23' 54" E ALONG SAID EASTERLY
LINE 105.57 FEET; THENCE LEAVING SAID EASTERLY LINE S 89°45'54" E 603.84
FEET; THENCE N 69°11'09" E 876.78 FEET TO A POINT ON THE CENTERLINE OF
HARMONY LANE; THENCE THE FOLLOWING THIRTEEN (13) COURSES ALONG SAID
CENTERLINE:
1. S 00°34'25" W 226.26 FEET
2. S 02°28'40" E 91.04 FEET
3. S 06°19'45" E 119.31 FEET
4. N 89°44'08" W 5.95 FEET
uniii 11111 111111 11111 imu 1111111111 iii 111111 111 ini
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14 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO
PAGE NO. 2
THE 1993 THOMAS W. LEVITT FAMILY TRUST PROPERTY (MODIFIED AGAIN)
5. S 01°14'48" E 280.88 FEET
6. S 02°01'27" W 115.18 FEET
7. S 00°39' 06" W 148.53 FEET
8. S 01°44'55" E 133.99 FEET
9. S 04°29'01" E 106.53 FEET
10. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
1475.00 FEET AND A CENTRAL ANGLE OF 03°53' 15" A DISTANCE OF
100.08 FEET (CHORD BEARS S 06°25'38" E 100.06 FEET)
11. S 08°22'15" E 67.98 FEET
12. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
126.84 FEET AND A CENTRAL ANGLE OF 43°01'03", A DISTANCE OF
95.23 FEET (CHORD BEARS S 13°08' 18" W 93.01 FEET)
13. S 38°11'47" W 18.82 FEET
THENCE LEAVING SAID CENTERLINE S 89°43'12" W 30.74 FEET; THENCE
N 01°52'30" E 329.19 FEET; THENCE N 89°58'25" W 110.00 FEET; THENCE
N 02°06' 23" E 49.20 FEET; THENCE S 89°56'49" W 1353.02 FEET TO THE TRUE
POINT OF BEGINNING; SAID PARCEL CONTAINING 36.607 ACRES, MORE OR LESS.
IGS
OLIN Tie r
NG NEER/NG
111111111111111111111111111111111111111 111 min ui ini
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15 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO
Exhibit C, page 1 of 5
LEVITT WELL #2
A WELL SITUATED IN THE NE1/4SW1./4 OF SECTION 28, TOWNSHIP 7 SOUTH,
RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO; THE LOCATION OF SAID WELL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD
COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 56° 28'00" E 2681.24 FEET
TO SAID LEVITT TRUST WELL #2.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: (970) 945-8676 • FAX: (970) 945-2555
1111111 11111 111111 11111 11111111111111111111111111111111
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16 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO
Exhibit C, page 2 of 5
LEVITT WELL #3
A WELL SITUATED IN THE NEI/4SW I/4 OF SECTION 28, TOWNSHIP 7 SOUTH,
RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO; THE LOCATION OF SAID WELL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD
COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 55°56'20" E 2635.24 FEET
TO SAID LEVITT TRUST WELL #3.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: (970) 945-8676 • FAX: (970) 945-2555
GM
Oi 4VTR r
NGN1/££R/NG
1111111 11111 1111111111111111111111 11111 111 111111 111 1111
571158 10/20/2000 03:09P 81213 P579 M ALSDORF
17 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO
Exhibit C, page 3 of 5
100' DIA. UTILITY AND ACCESS EASEMENT DESCRIPTION
A 100.00' DIAMETER CIRCLE OF LAND SITUATED IN THE NE1/4SW1/4 OF
SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT
BEING A 50.00' RADIUS FROM THE FOLLOWING DESCRIBED RADIUS POINT:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD
COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 59°56' 09" E 3133.38 FEET
TO SAID RADIUS POINT.
95060.05
9510601WATEREAS.REV
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: (970) 945-8676 • FAX: (970) 945-2555
IGfrf
401.1N TR r
NO/NL-E/20•10
1111111111111111111111111111111111111101110111111111
571158 10/20/2000 03:09P 81213 P580 M ALSDORF
18 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO
Exhibit C, page 4 of 5
30' UTILITY AND ACCESS EASEMENT DESCRIPTION
A 30.00' WIDE STRIP OF LAND SITUATED IN THE E1/2SW1/4 OF SECTION 28,
TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT LYING 15.00
FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD
COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 61°55'01" E 1605.16 FEET
TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 545.00 FEET
AND A CENTRAL ANGLE OF 01°15'41", A DISTANCE OF 12.00 FEET (CHORD
BEARS N 62°52'37" E 12.00 FEET); THENCE N 62°14'46" E 15.13 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 338.02 FEET
AND A CENTRAL ANGLE OF 12°43' 20", A DISTANCE OF 75.05 FEET (CHORD
BEARS N 55°53'06" E 74.90 FEET); THENCE N 49°31'26" E 224.71 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 385.00 FEET
AND A CENTRAL ANGLE OF 37°55'26", A DISTANCE OF 254.83 FEET (CHORD
BEARS N 68°29'09" E 250.20 FEET); THENCE N 87°26'52" E 24.64 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 285.00 FEET
AND A CENTRAL ANGLE OF 26°48'21", A DISTANCE 133.34 FEET (CHORD BEARS
S 79°08' 57" E 132.13 FEET); THENCE ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 265.00 FEET AND A CENTRAL ANGLE OF 00°54'05",
A DISTANCE OF 4.17 FEET (CHORD BEARS S 66°11'49" E 4.17 FEET); THENCE
N 00°00'00" E 469.68 FEET; THENCE N 79°28' 45" E 658.74 FEET TO A POINT ON A
50' RADIUS WATER TANK EASEMENT, THE TERMINUS, WHENCE THE
SOUTHWEST CORNER OF SAID SECTION 28 BEARS S 59°37'31" W 3086.30 FEET.
95060.05 6/23/97
9510601WATEREAS.REV
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: (970) 945-8676 • FAX: (970) 945-2555
1111111111111111111111111111111111111111111111111111111
571158 10/20/2000 03:09P 81213 P581 N ALSDORF
19 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO
Exhibit C, page 5 of 5
40' UTILITY AND ACCESS EASEMENT DESCRIPTION
A 40.00' WIDE STRIP OF LAND SITUATED IN THE NE1/4SW1/4 AND THE
NW1/4SE1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID
EASEMENT LYING 20.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBEDCENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD
COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 60°37'21" E 3307.12 FEET
TO A POINT ON THE EASTERLY BOUNDARY OF THE 1993 THOMAS W. LEVITT
FAMILY TRUST PROPERTY, TH T PIIN • B N ; THENCE LEAVING
SAID EASTERLY LINE S 80° 04'44" W 131.91 FEET TO A POINT ON A 50' RADIUS
WATER TANK EASEMENT, THE TERMINUS, WHENCE THE SOUTHWEST CORNER
OF SAID SECTION 28 BEARS S 59°49'54" W 3183.05 FEET.
95060.05 6/23/97
9510601WATEREAS.REV
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: (970) 945-8676 • FAX: (970) 945-2555
v.
WHITECLOUD RIDGE HOMEOWNERS ASSOCIATION
RESOLUTION OF BOARD OF DIRECTORS
CONCERNING THE ADOPTION OF RULES AND REGULATIONS
The Whitecloud Ridge Homeowners Association, a Colorado non-profit corporation (the
“Association”), is the homeowners association for the Whitecloud Ridge Subdivision (the
“Subdivision”), as set forth in that certain Declaration of Protective Covenants of Whitecloud
Ridge Subdivision, recorded in the real property records of Garfield County, Colorado, on
October 20, 2000, at reception number 571156 (the “Original Declaration”). The Original
Declaration was amended by that certain First Amendment to and Supplemental Declaration of
Protective Covenants of Whitecloud Ridge Subdivision, recorded in the real property records of
Garfield County, Colorado, on February 23, 2022, at reception number 971321 (the “First
Amendment to Declaration”; the Original Declaration and the First Amendment to Declaration
collectively are referred to as the “Declaration”). The Board of Directors of the Association,
acting without a meeting, hereby adopts the following Resolution concerning the adoption of
Rules and Regulations for the Association.
WHEREAS, SKYFOOZE1, LLC, a Pennsylvania limited liability company, is the Declarant (the
“Declarant”) for the Subdivision and the sole Member of the Association.
WHEREAS, Declarant owns all of the Lots within the Subdivision and therefore is the sole
Member of the Association.
WHEREAS, Declarant, acting in its capacity as the sole Member of the Association, appointed
Skyler Fussner and Jeffrey Fussner to the Board of Directors of the Association pursuant to a
resolution dated January 27, 2022. There are no other members of the Board of Directors.
WHEREAS, the Board of Directors has determined that it is in the best interests of the
Association to adopt Rules and Regulations for the Association for various purposes, including
without limitation, the interpretation and implementation of the Declaration, the operation of the
Association, the use and enjoyment of Association Properties, and the use of any other property
within the Common Interest Community, including Lots.
NOW, THEREFORE, BE IT RESOLVED:
1. Pursuant to Section 11.14 of the Declaration, the Board of Directors hereby
adopts as the “Rules and Regulations” of the Association, as such term “Rules and Regulations”
is defined in the Declaration, the Rules, Regulations, & Policies attached hereto as Exhibit A.
Effective as of the execution of this Resolution, the attached Exhibit A are the Rules and
Regulations for the Association.
[signature page follows]
2
IN WITNESS WHEREOF, the undersigned, being the sole members of the Board of
Directors, have executed this Resolution effective as of the 9th day of March, 2022.
________________________________________
Skyler Fussner, Board Member
________________________________________
Jeffrey Fussner, Board Member
18389497_v1
3
EXHIBIT A
RULES & REGULATIONS OF
WHITECLOUD RIDGE HOMEOWNERS ASSOCIATION
[see attached]
WHITECLOUD RIDGE HOMEOWNERS ASSOCIATION
RULES, REGULATIONS & POLICIES
Adopted by the Board of Directors of
Whitecloud Ridge Homeowners Association
Effective March 9, 2022
i
TABLE OF CONTENTS
Page
I. ARTICLE I: INTERPRETATION & FEES APPLICABLE TO LOT SALES .............. 1
1. Interpretation.. ................................................................................................................................... 1
2. Transfer Fee ...................................................................................................................................... 1
3. Exempt Transfers .............................................................................................................................. 1
II. ARTICLE II: POTABLE WATER SYSTEM ................................................................ 2
1. Potable Water System ....................................................................................................................... 2
2. Non-Subdivision Property Water Use ............................................................................................... 2
3. Owner’s Responsibility to Comply with Rules and Regulations ...................................................... 2
4. Allocation of Potable Water .............................................................................................................. 2
5. Installation and Maintenance ............................................................................................................ 2
6. Backflow Prevention Devices ........................................................................................................... 5
7. Emergencies/Water Shortages .......................................................................................................... 6
8. Potable Water Assessments .............................................................................................................. 7
III. ARTICLE III: IMPOSITION OF FINES AND SUSPENSION OF SERVICES ........ 7
1. Demand ............................................................................................................................................. 7
2. Notice ................................................................................................................................................ 7
3. Hearing .............................................................................................................................................. 7
4. Proof .................................................................................................................................................. 7
5. Appeal ............................................................................................................................................... 8
6. Allocation of Attorney Fees and Costs ............................................................................................. 8
7. Non-Applicability of Penalty Policy ................................................................................................. 8
8. Rights to Immediate Relief ............................................................................................................... 8
IV. ARTICLE IV: ALTERNATIVE DISPUTE RESOLUTION ........................................ 8
1. Agreement to Encourage Resolution of Disputes Without Litigation .............................................. 8
2. Alternative Dispute Resolution Procedures. ..................................................................................... 9
3. Settlement ....................................................................................................................................... 10
V. ARTICLE V: ARCHITECTURAL REVIEW PROCESS & GUIDELINES ............ 10
1. Exterior Materials ........................................................................................................................... 10
2. Roofs and Eaves .............................................................................................................................. 11
3. Landscaping .................................................................................................................................... 11
4. Architectural Review Fee................................................................................................................ 11
5. Construction Damage Deposit ........................................................................................................ 12
6. Construction Fines .......................................................................................................................... 12
ii
7. Pools ................................................................................................................................................ 12
8. Sheds ............................................................................................................................................... 13
9. Yard Structures ............................................................................................................................... 13
VI. ARTICLE VI: OWNER EDUCATION......................................................................... 14
VII. ARTICLE VII: PUBLIC DISCLOSURES .................................................................... 14
VIII. ARTICLE VIII: MEETINGS ..................................................................................... 14
1. Notice .............................................................................................................................................. 14
2. Attendance ...................................................................................................................................... 15
3. Comment ......................................................................................................................................... 15
4. Executive Session ........................................................................................................................... 15
5. Rules and Regulations ..................................................................................................................... 15
IX. ARTICLE IX: NOXIOUS WEED CONTROL ............................................................ 15
X. ARTICLE X: IRRIGATION COMPANY SHARES ................................................... 16
1. Association’s Ownership in the Missouri Heights-Mountain Meadow Irrigation Company ......... 16
2. Allocation of Water Available Under the Irrigation Company Shares ........................................... 16
3. Irrigation Water Assessments ......................................................................................................... 17
XI. ARTICLE XI: MISCELLANEOUS PROVISIONS .................................................... 17
1. Restrictions on Aircraft. .................................................................................................................. 17
2. Leasing of Lots ............................................................................................................................... 17
3. Marijuana Grow Houses ................................................................................................................. 17
1
I. ARTICLE I: INTERPRETATION & FEES APPLICABLE TO LOT SALES
1. Interpretation. Capitalized terms used herein but not defined herein shall have the meaning
ascribed to them in the Declaration of Protective Covenants of Whitecloud Ridge
Subdivision, recorded in the real property records of Garfield County, Colorado, at
reception number 571156, and all amendments thereto (as amended, the “Declaration”).
2. Transfer Fee. In the event any Lot is sold or otherwise transferred, the Association shall
assess a transfer fee equal to 1% of the sale price against the purchaser or the transferee,
not to exceed $15,000.00 in any instance (the “Transfer Fee”). The Transfer Fee shall be
due and payable at the closing of the sale or transfer that triggers such fees. The purchaser,
or the transferee, shall deliver such documents requested by the Association to verify the
sale of a Lot and the sale price of the Lot. The sale price of the Lot shall be the amount of
the consideration paid by the purchaser or the transferee, not including any deductions for
prorations, to the seller in order to obtain record title to the Lot. For any Transfer Fee that
is assessed but unpaid, whether in whole or in part, the Association shall have the right to
record a lien against the Lot that was the subject of the transaction that generated such
Transfer Fee.
3. Exempt Transfers. The following transfers of a Lot are exempt from the Transfer Fee:
A. In the event of any default on the part of an Owner under any first Mortgage that
entitles the holder thereof to foreclose the same, any sale under such foreclosure,
including delivery of a deed in lieu of foreclosure, shall be made free and clear of
the Transfer Fee;
B. The transfer by operation of law, of a deceased joint tenant’s interest to the
surviving joint tenant(s);
C. The transfer of a deceased’s interest to a devisee or devisees by will or to his heirs
at law under intestacy laws;
D. The transfer of an Owner’s interest, in whole or in part, to a blood relative, including
where the Owner and the transferee are legal entities and the members, owners,
shareholders, partners, or beneficiaries, under such legal entities are all blood
relatives;
E. The transfer of an Owner’s interest by treasurer’s deed pursuant to a sale for
delinquent taxes;
F. The transfer of all or any part of a partner’s interest as a result of withdrawal, death,
or otherwise, to the remaining partners carrying on the partnership business, and/or
of a partner’s or partners’ interests between one or more partners, and/or to persons
becoming partners;
G. The transfer of a corporation’s interest to the persons formerly owning the stock of
the corporation as a result of dissolution. A transfer to the resulting entity following
a corporate merger or consolidation; provided, however, that at least fifty percent
2
(50%) of the stock of the resulting entity is owned by the stockholders of the
corporation formerly owning the Lot; and
H. The transfer between co-tenants of all or a part of a co-tenant’s interest.
If the purchaser or transferee of a Lot can establish to the satisfaction of the Board that a transfer
is exempt from the Transfer Fee, then such transfer will not be subject to the Transfer Fee.
II. ARTICLE II: POTABLE WATER SYSTEM
1. Potable Water System. The Association operates a community-treated water system (the
“Potable Water System”), defined as the “Water System” in the Amended and Restated
Whitecloud Ridge Domestic Water System Operating Agreement recorded in the Records
of the Garfield County Clerk and Recorder on February 23, 2022, as Reception No. 971324
(the “Domestic Water System Operating Agreement”), which was constructed to provide
potable water service to Lots and property within the Whitecloud Ridge Subdivision and
to the real property described in the attached Exhibit A (the “Non-Subdivision Property”).
The Association owns and manages certain water rights, wells, easements, primary water
system components, and personal property, together with the right and privilege to conduct,
maintain, and operate the Potable Water System for the Owners of the Whitecloud Ridge
Subdivision and for other users of the Potable Water System, all in accordance with the
Domestic Water System Operating Agreement.
2. Non-Subdivision Property Water Use. If the Potable Water System serves all or any portion
of the Non-Subdivision Property, then such service of the Potable Water System to the
Non-Subdivision Property and any use of the Potable Water System on the Non-
Subdivision Property shall be subject to the terms of Articles II, III, and IV of these Rules
and Regulations. The owner of the Non-Subdivision Property, or the owner of any portion
thereof, is considered an Owner for the purposes of Articles II, III, and IV. The Non-
Subdivision Property, and any portion thereof that is further subdivided, is considered a
Lot for purposes of Article II, III, and IV.
3. Owner’s Responsibility to Comply with Rules and Regulations. It is the responsibility of
every Owner to abide by the most current set of Rules and Regulations. Violation of any
rule or regulation by an Owner may jeopardize the Association’s water rights, and
consequently any Owner in violation of any Association rules and regulations may result
in the termination of the right of that Owner to receive water service from the Potable Water
System.
4. Allocation of Potable Water. The Owner of each Lot is subject to the limitations on the use
of potable water as set forth in the attached Exhibit B. For any amount of potable water
provided to a Lot in excess of the monthly allocation amounts set forth in the Exhibit B,
the charges specified in the attached Exhibit C shall apply.
5. Installation and Maintenance.
A. Other than those wells already in existence on certain Lots, individual wells shall
not be permitted on any Lot, except that the Board may approve construction of one
3
or more new wells to replace, or to supplement the water supply from, the existing
wells that are components of the Potable Water System.
B. Individual Owners are responsible for the extension, construction, and maintenance
of any water lines necessary to service any structures that may be built on a Lot.
C. Only one tap into the Potable Water System is allowed per Lot. Notwithstanding
the previous sentence, up to seven (7) taps are allowed on the Non-Subdivision
Property, whether or not the Non-Subdivision Property is further subdivided,
consistent with the Domestic Water System Operating Agreement.
D. All water use from the Potable Water System is required to be individually metered,
and the cost of the meter, installation, repair, and replacement thereof shall be the
responsibility of the Owner. Each Owner is required to have a Potable Water
System meter on the Lot. The water meter must be installed after the curb stop valve
for the Lot adjacent to a community street at a location approved by the
Architectural Committee; or, for Non-Subdivision Property, the water meter must
be installed after the curb stop valve for every tap within the Non-Subdivision
Property that is adjacent to a street at a location and in a manner such that the water
meter is reasonably accessible year-round. The Association shall have no
obligation to provide water service to Lots or taps without domestic water meters.
i. Meters shall be read at least quarterly, and the readings will be kept on file
by the Board or by a management firm retained by the Board.
ii. Owners exceeding the number of gallons that they are allocated per month
will be assessed a water surcharge as provided herein.
iii. Any Owner who does not have a working domestic meter shall be subject
to fines as outlined in Article III, Imposition of Fines and Suspension of
Services. Failure to install or maintain a working domestic meter may result
in the termination of domestic water service to the Lot, subject to written
notice to the Owner and opportunity to be heard in accordance with the
procedure set forth herein for imposition of fines.
E. The water line from the Association’s Potable Water System to a home may not be
larger than one inch.
F. No pressure augmentation system or device may be used to create a suction on the
line from the Association’s Potable Water System to a home on a Lot.
G. For any new tap, the Owner requesting such tap must pay to the Association a
nonrefundable $12,000.00 fee prior to installing such tap. In addition, if the Owner
of Lot 12 or Lot 13 desires to construct a second dwelling unit on the Lot, then the
Owner must pay to the Association a nonrefundable $8,400.00 fee prior to
constructing the second dwelling unit. The Board in its sole discretion periodically
may change this fee to reflect increasing water system costs.
4
H. The number of outside hose bibs is limited to two (2), and lines to such bibs may
not exceed 3/4 inch.
I. Under no circumstances may the Potable Water System be used to create or fill a
water feature, hot tub, or a swimming pool. Water features, swimming pools and
outdoor hot tubs may only be filled with water provided from an outside source
with proof of purchase of the water submitted to the Board.
J. An Owner may use the Potable Water System to irrigate a portion of its Lot in a
manner consistent with the potable water allocations set forth in Exhibit B;
provided, however, the Board, in its reasonable discretion, may impose
conservation measures upon such use of potable water for irrigation purposes, or
the Board, in its reasonable discretion, may prohibit the use of potable water for
irrigation purposes. Use of the Potable Water System for outdoor irrigation in a
manner inconsistent with the allocations set forth in Exhibit B or with the
conservation measures or restrictions imposed by the Board may result in fines or
suspension of service.
K. The Owner is responsible for the maintenance, repair, and replacement of the water
line from the Association’s Potable Water System to the home, including the repair,
maintenance, or replacement of the water meter. Owners who seek to replace or
move the water line from the meter to the home must get permission from the
Association and may be required to deposit such amounts as may be determined by
the Board to cover the expense that might be incurred by the Association.
L. Inspectors and other duly authorized employees of the Association with proper
credentials shall be permitted to enter upon all Lots and other properties served by
the Potable Water System or serving the Potable Water System at reasonable times
as necessary for the purpose of inspection, observation, measurement, sampling and
testing and repairing any of the water or service lines, and checking for leaks or
cross-connections.
M. All Owners must provide the contact information for a person located within 50-
miles of the Whitecloud Ridge Subdivision who can respond to emergencies or
other water issues within a 24-hour period. This information shall include both a
phone number and e-mail address. If an Owner resides in the house but will be out
of town for an extended period of time (2 weeks or more), the Owner must provide
the Association with an alternate contact person. The contact person must be able
to physically enter the property.
N. If contacted about a water issue, the contact person must respond to the Association
representative within 24 hours. If the Owner or contact person fails to respond
within 24 hours, the Association may take such steps as it deems necessary to
address the problem, which depending on circumstances, include imposition of
fines, curtailment of service or suspension of service as provided in Article III,
below.
5
O. If a leak is found by the Association in a service line at any point between the
service connection and the residence served, the Association shall notify the Owner
of the property served that a leak has been discovered and that the leak must be
repaired. If the repair is made within seventy-two (72) hours, there shall be no
charge for water use attributed to the leak. If the leak is not repaired within seventy-
two (72) hours, the Owner shall be charged for water attributed to the leak at the
Tier Three Rate contained in the attached Exhibit C. This regulation shall not be
construed in any way to prevent the Association from suspending service in the
event of an emergency or other violation of these Rules and Regulations.
P. The Association, upon failure of an Owner following notice to make timely repairs
to the private service line and appurtenances from the Association’s Potable Water
System, may suspend service until the Owner has made the necessary repairs. The
Association may also charge the Owner, as a Reimbursement Assessment, for all
related costs incurred by the Association, including but not limited to any related
engineering, legal, or operator costs.
6. Backflow Prevention Devices.
A. No residence or Lot shall have a cross-connection to a pipe, fixture, or supply, any
of which might contain water other than the Association’s potable water. It is the
responsibility of each customer to have interior plumbing with no cross-
connections.
B. Pursuant to State of Colorado regulations, all Owners must install and maintain an
Association-approved backflow prevention device that has been manufactured in
full conformance with the standards established by the American Water Works
Association. For any new construction, proof of installation of a backflow
prevention device must be provided before the residence may be occupied.
C. State of Colorado regulations further require that all backflow prevention devices
be inspected annually. Owners are required to arrange for an annual inspection and
must provide the annual inspection report to the Association no later than the first
day of October of each year. If not received by that date, the Association may begin
proceedings to impose monetary penalties, to conduct such inspection, the cost of
which may be charged to the Owner as a Reimbursement Assessment, or, if still
unresolved, to suspend water service to that property as provided in Article III,
below.
D. All backflow prevention devices shall be repaired, overhauled or replaced at the
expense of the Owner whenever these devices are found to be defective.
E. Water service to any premise may be suspended if a required backflow prevention
device is not installed, tested, and maintained, and inspected annually as required
herein, or if a backflow prevention device has been removed or bypassed. An
unprotected cross-connection on any premises may also result in suspension of
service. Service will not be restored until such conditions or defects are corrected.
6
F. When a cross connection condition becomes known, the Board will follow the
procedures outlined in Article III for suspension of water service. The absence of a
proper backflow prevention device, or the existence of an unprotected cross
connection, may constitute an immediate threat of harm to the public health, safety,
or welfare, in which case the procedures in Article III for suspension of service for
emergencies may apply.
7. Emergencies/Water Shortages.
A. Whenever there is a shortage of water, system operating failure, system repair, or
emergency, the Association shall have the power to regulate and curtail water
usage.
B. It shall be the Association’s policy to implement reasonably practicable water
conservation measures during those times when water supplies are limited due to
drought-like conditions. This shall become effective upon a finding by the Board,
with a majority of the Board required to vote, that a water shortage exists (a “Water
Shortage”). Upon such finding, the Association may reduce, on a pro rata basis,
service to all Lots or any other property otherwise served by the Potable Water
System. The duration of the Water Shortage will be decided by the Board according
to the exigencies of the particular situation.
C. The provisions of this Section II.8 shall apply only to the use of the potable water
supply of the Association. Separate provisions are provided in Article X of these
Rules and Regulations for the non-potable irrigation water supply.
D. During the period designated Water Shortage, there shall be no washing of
sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, and
no washing of privately owned cars, other motor vehicles, trailers, or boats, except
from a bucket and except that a hose equipped with a positive shut-off nozzle may
be used for a quick rinse.
E. In the event the Association becomes aware of an immediate threat of harm to
Association property, or the public health, safety or welfare, water service may be
immediately suspended until compliance with these Rules and Regulations is
established.
F. If immediate suspension of water service is necessary, the Association will make
every reasonable effort to contact the Owner verbally prior to discontinuing water
service. A Notice of Emergency Water Service Suspension shall be posted in a
conspicuous place at the service location. As soon as practicable after the water
service has been suspended, the Association will deposit the notice in the United
States Mail postage prepaid, addressed to the Owner’s address as appears in the
records of the Association. The Notice of Emergency Water Service Suspension
shall include the following information:
i. The reasons for water service suspension and the action that must occur for
water service to be resumed; and
7
ii. The name and contact information of the person at the Association who can
answer questions about the water service suspension; and
iii. Notice that the Owner may appeal the water service suspension.
8. Potable Water Assessments. The Association shall assess fees for potable water service in
accordance with the Association’s Bylaws and the Domestic Water System Operating
Agreement. In accordance with the Domestic Water System Agreement, the Association’s
authority to assess fees and charges for potable water service extends to all users of the
Potable Water System, including the owner of the Non-Subdivision Property, or the owner
of any portion thereof.
III. ARTICLE III: IMPOSITION OF FINES AND SUSPENSION OF SERVICES
In compliance with C.R.S. § 38-33.3-209.5, the Association hereby adopts a written policy
regarding imposition of fines and suspension of services. Prior to the imposition of a fine for
violations of the Association’s Declaration, Bylaws, or Rules and Regulations, or the suspension
of services, the Board shall comply with the following procedure:
1. Demand. Written demand to cease and desist from the alleged violation will be mailed by
certified mail upon the alleged violator specifying: (1) the alleged violation; (2) the action
required to abate the violation; and (3) a time period of not less than 10 days during which
the violation may be abated without further penalty (if such violation is a continuing one)
or a statement that any additional similar violation may result in the imposition of a penalty
after notice and a hearing (if the violation is not continuing).
2. Notice. At any time within 12 months of such demand, if the violation continues past the
period allowed in the demand for abatement or if the same rule is subsequently violated,
the Board or its delegate will serve the violator with written notice by certified mail of a
hearing to be held by the Board. The notice will contain the following: (1) the nature of
the alleged violation; (2) the time and place of the hearing, which time will be not less than
10 days from the giving of the notice; (3) an invitation to attend the hearing and produce
any statement, evidence and witness on the Owner’s behalf; and (4) the proposed penalty
to be imposed.
3. Hearing. The hearing will be held pursuant to the notice, affording the Owner a reasonable
opportunity to be heard in front of the Board. A decision maker shall not be deemed to
have a direct personal or financial interest in the outcome if the decision make will not, as
a result of the outcome, receive any greater benefit or detriment than will the general
membership of the association. The Board shall be assumed to be an impartial decision
maker without specific evidence presented to the contrary.
4. Proof. Official minutes shall be taken at any hearing to impose a penalty. Prior to the
effectiveness of any penalty, proof of notice and an invitation to be heard will be placed in
the minutes of the meeting. Such proof will be deemed adequate if a copy of the notice,
together with a statement of the date and manner of delivery, is entered by the officer,
director, or agent who delivered such notice. The notice requirement will be deemed
satisfied if the alleged violator appears at the meeting. The minutes of the meeting will
8
contain a written statement of the results of the hearing and the penalty, if any, imposed.
The presenting party will provide copies of any written evidence to the other party or
parties. The decision of the Board will be final.
5. Appeal. The Board may in its discretion appoint a committee to hear the matter (a “Hearing
Committee”). In such event the above procedure will apply except that either party may
appeal the decision of the Hearing Committee to the Board by written notice to the Hearing
Committee, the other party, and the Board. The Board will consider the minutes of the
hearing and report the decision of the Board within a reasonable period of time not
exceeding 60 days after receipt of the notice. The decision of the Board will be final.
6. Allocation of Attorney Fees and Costs. If, as a result of the hearing, it is determined that
the Owner should not be held responsible for the alleged violation, the Association shall
not allocate to the Owner’s account with the Association any of the Association’s costs or
attorney’s fees incurred in asserting or hearing the claim.
7. Non-Applicability of Penalty Policy. The Association shall not be required to follow the
foregoing procedures in any action to impose any penalty, cost or fee for nonpayment of a
delinquent Assessment.
8. Rights to Immediate Relief. Nothing herein shall restrict the rights of the Association to
seek immediate relief, including suspending domestic water service, or seeking relief from
a court, including injunctive relief, for any violation involving the domestic water system,
the Water Court decrees of the Association, the peace, health or safety to person or
property, or for any matter where the time frame for imposing fines could result in
irreversible actions being taken (i.e., construction of improvements).
IV. ARTICLE IV: ALTERNATIVE DISPUTE RESOLUTION
In compliance with C.R.S. § 38-33.3-124, the Association hereby adopts a written policy
statement setting forth its procedure for addressing disputes arising between the Association and
its Owners.
1. Agreement to Encourage Resolution of Disputes Without Litigation. The Association and
its Owners, Board, and committee members, all persons subject to the Declaration, and any
person not otherwise subject to the Declaration who agrees to submit to this provision
(collectively, “Bound Parties”), agree that it is in the best interests of all concerned to
encourage the amicable resolution of disputes involving the Association and its Owners
without the emotional and financial costs of litigation. Accordingly, each Bound Party
agrees not to file suit in any court with respect to a Claim described below, unless and until
it has first submitted such Claim to the alternative dispute resolution (“ADR”) procedures
set forth in Section 2 of this Article IV in a good faith effort to resolve such Claim.
A. Definition of Claim. As used in this article, the term “Claim” shall refer to any
claim, grievance, or dispute arising out of or relating to (1) interpretation,
application, or enforcement of the Association documents, such as the Declaration,
Bylaws, or these Rules and Regulations; (2) the rights, obligations, and duties of
any Bound Party under the Association documents, such as the Declaration,
9
Bylaws, or these Rules and Regulations, or under the Colorado Common Interest
Ownership Act; (3) the design or construction of improvements within the
Whitecloud Ridge Subdivision; or (4) any decision of the Architectural Committee.
B. Exceptions from Claim. Notwithstanding the foregoing, the following will not be
considered “Claims” unless all parties to the matter otherwise agree to submit the
matter to the procedures set forth in Section 2 of this Article IV: (1) any suit by the
Association to collect assessments or other amounts due, including fees, from any
Owner; (2) any suit by the Association to obtain a temporary restraining order (or
emergency equitable relief and such ancillary relief as the court may deem
necessary in order to maintain the status quo); (3) any suit involving an imminent
threat to peace, health or safety of persons or property or for any matter where the
time to undertake ADR could result in irreversible actions being undertaken (i.e.
construction of improvements); (4) any suit involving the integrity of any water
system, compliance with any water court decrees affecting the Association or the
Whitecloud Ridge Subdivision, or compliance with the any requirements related to
the irrigation water rights; (5) any suit between Owners, which does not include
Declarant or the Association as a party, if such suit asserts a claim which would
constitute a cause of action independent of the Association documents, such as the
Declaration, Bylaws, or these Rules and Regulations; (6) any suit in which an
indispensable party is not a Bound Party; and (7) any suit as to which any applicable
statute of limitations would expire within 180 days of giving the Notice, unless the
parties against whom the Claim is made agree to toll the statute of limitations as to
such Claim for such period as may reasonably be necessary to comply with this
Article.
2. Alternative Dispute Resolution Procedures.
A. Notice. The Bound Party asserting a Claim (“Claimant”) against another Bound
Party (“Respondent”) shall give written notice to each Respondent and to the
Executive Board stating plainly and concisely: (1) the nature of the Claim,
including the persons involved and the Respondent’s role in the Claim; (2) the legal
basis of the Claim (i.e. the specific authority out of which the Claim arises); (3) the
Claimant’s proposed resolution or remedy; and (4) the Claimant’s desire to meet
with the Respondent to discuss in good faith ways to resolve the Claim.
B. Negotiation. The Claimant and Respondent shall make every reasonable effort to
meet in person and confer for the purpose of resolving the Claim by good faith
negotiation. If requested in writing, accompanied by a copy of the Notice, the Board
may appoint a representative to assist the parties in negotiating a resolution of the
Claim.
C. Mediation. If the parties have not resolved the Claim through negotiation within
30 days of the date of the notice described in Section 2A (or within such other
period as the parties may agree upon), the Claimant and Respondent may agree to
submit the Claim to mediation with an entity designated by the Association (if the
Association is not a party to the Claim) or to an independent agency providing
10
dispute resolution services in Eagle, Garfield, or Pitkin County. If the parties agree
to submit to mediation, the parties shall schedule the mediation within sixty
(60) days. The cost of hiring the mediator shall be shared equally. All parties shall
pay their estimated respective costs of the mediation prior to the mediation
occurring. Failure to pay the respective costs of the mediation by one party in
advance of the mediation shall be grounds for any other party to cancel the
mediation. If the parties do not settle the Claim within 30 days after submission of
the matter to mediation, or within such time as determined reasonable by the
mediator, the mediator shall issue a notice of termination of the mediation
proceedings indicating that the parties are at an impasse and the date that mediation
was terminated. The Claimant shall thereafter be entitled to file suit or to initiate
administrative proceedings on the Claim, as appropriate.
3. Settlement. Any settlement of the claim through negotiation or mediation shall be
documented in writing and signed by the parties and may be presented to the court as a
stipulation. If any party thereafter fails to abide by the terms of such agreement, then any
other party may file suit or initiate administrative proceedings to enforce such agreement
without the need to again comply with the procedures set forth in this Section. In such
event, the party taking action to enforce the agreement or award shall, upon prevailing, be
entitled to recover from the non-complying party (or if more than one non-complying party,
from all such parties in equal proportions) all costs incurred in enforcing such agreement
or award, including, without limitation, attorney’s fees and court costs.
V. ARTICLE V: ARCHITECTURAL REVIEW PROCESS & GUIDELINES
In compliance with C.R.S. § 38-33.3-302(3)(b), the Association hereby adopts standards and
procedures to guide decisions concerning the approval or denial of an Owner’s application for
architectural or landscaping changes.
1. Exterior Materials. The exterior materials used on structures in the Whitecloud Ridge
Subdivision shall be as follows:
A. Walls. All structures shall use a combination of cement board, stone, stucco, or
other materials approved by the Architectural Committee.
B. Roofs. All roofs shall have natural colors and consist of asphalt, shingles, non-
reflective metal, or other materials approved by the Architectural Committee.
C. Exterior Doors. Exterior front doors on structures must conform with the
architecture of the structure. Garage doors shall be wood, metal, or masonite with
a wood veneer stained to match the front door as closely as possible, or as approved
by the Architectural Committee.
D. No bright, unfinished surfaces shall be allowed. All metallic surfaces, such as roof
vents, flashing, fireplace flues and gutters shall be coated or painted to match the
predominant color of the roof, fascia or exterior siding of the house, or as approved
by the Architectural Committee.
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2. Roofs and Eaves. The form of the roof and the materials used on it create a significant part
of the visual impact of a building, and will be carefully reviewed by the Architectural
Committee. Gable, hip and shed roofs will generally be acceptable for residential
construction, while gambrel, flat, mansard and A-frame roofs will not be encouraged.
Large roof forms or long, uninterrupted ridge lines should be complemented with smaller
forms, such as dormers or shed roofs. With few exceptions, the predominate roof pitch
should not be less than 5:12, with steeper pitches encouraged. Roof eaves are encouraged
to be 18" to 24" in length for roofs with a shallower pitch, and in no event less than 12" for
steeper pitch roofs. However, these roofs and any other unique forms developed will be
reviewed on their merits on a case-by-case basis.
3. Landscaping. The Architectural Committee encourages the use of landscaping, plant
materials of a variety of heights and sizes, walkways and paths, and berms and swales to
enhance the appearance of a residence and surrounding neighborhood.
A. Within six (6) months after completion of improvements or additions, or within any
extension period granted by the Architectural Committee, all yards and open space
shall be landscaped and thereafter maintained in landscape; provided, however, that
the open space that is a portion of Lots 7, 8, 9, and 10 and encircled by Whitecloud
Road, as depicted on that Whitecloud Ridge Subdivision Final Plat recorded at
reception number 571155 in the real property records of the Garfield County Clerk
and Recorder, shall be landscaped, irrigated, and maintained by the Association,
and the Owner(s) of Lots 7, 8, 9, and 10 shall not be responsible for the landscaping,
irrigation, or maintenance or such open space.
B. Areas surrounding the structure may incorporate more manicured plant materials
(i.e., sod). It is recommended that a buffer comprised of flowers, bushes, shrubs or
trees exist between the foundation and sodden areas to reduce the visual impact of
the structure. The plant materials in buffer areas should require low levels of
irrigation water. Grades surrounding the house should exceed 3% to allow proper
drainage away from the foundation.
4. Architectural Review Fee. At the time an application is submitted to the Architectural
Committee for review of any plans as required by the Declaration, the Owner shall deposit
with the Association (i) a non-refundable fee of $5,000, (ii) a refundable (subject to these
Rules and Regulations) fee of $20,000. The Owner shall be responsible to reimburse the
Association for all amounts generated as the result of a review of an application by the
Architectural Committee, even if such review exceeds $25,000. If such review exceeds
$5,000, then such excess costs shall be deducted from the $20,000 deposit. The Association
and/or Architectural Committee shall prepare an accounting of costs that exceed the $5,000
initial payment and shall provide the same to the Owner. The Owner shall reimburse the
Association the amount on the accounting that exceeds both the $5,000 deposit and the
$20,000 deposit, in the aggregate, within thirty (30) days. Failure to reimburse the
Association the amount on the accounting in a timely manner may result in a lien being
placed on the Owner’s property by the Association. Following substantial completion of
the improvements, if the Architectural Committee determines in its reasonable discretion
that such improvements comply with the plans approved by the Architectural Committee,
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then the Association shall refund the $20,000 or the portion of such deposit that remains
after accounting for review costs, without interest. If the constructed improvements on the
Owner’s Lot are not in substantial compliance with the plans the Architectural Committee
approved, then, in its reasonable discretion, the Architectural Committee may withhold all
or a portion of the $20,000 deposit; if, in the Architectural Committee’s reasonable
discretion, the Owner cures such non-compliance, then the Architectural Committee shall
return the remainder of such $20,000 deposit (without interest) that it withheld, less any
additional review costs, to the Owner.
5. Construction Damage Deposit. Prior to receiving an approval from the Architectural
Committee for constructing any improvement on any Lot, the Owner shall deposit with the
Association the amount of $10,000. This deposit shall be deposited into an account of the
Association that is separate from the general operating account of the Association.
After the Owner has completed the approved improvements on the Lot, the Owner shall
give the Association notice of completion in writing. The Association shall have thirty
(30) days to inspect the improvements and the impact of construction thereof on any
improvements, lands or infrastructure owned or maintained by the Association (i.e.,
common elements, roads, sidewalks, water pipes, irrigation ditches, open spaces areas).
In the event that construction on an Owner’s Lot has resulted in the imposition of a
construction debris fine described in Section 6 below or caused damage to improvements,
lands or infrastructure owned or maintained by the Association, the Association shall
provide an accounting of the damage to the Owner within forty-five (45) days of
receiving the notice of completion. The Association shall be entitled to withhold such
amounts from the deposit as will be required to offset any fines and to repair or replace
any damage. The remainder, if any, shall be returned to the Owner together with the
accounting, without interest. The Owner shall be responsible to reimburse the
Association for all amounts required to repair or replace the damage, even if such review
exceeds the deposit of $10,000. The Owner shall reimburse the Association the amount
on the accounting within thirty (30) days. Failure to reimburse the Association the
amount on the accounting in a timely manner may result in a lien being placed on the
Owner’s property by the Association.
6. Construction Fines. All Owners are required to maintain neat, orderly construction sites
on the Lots and to prevent construction debris from blowing into and accumulating upon
adjacent Lots. In the event an Owner fails to maintain his or her Lot construction site in
such a debris-free and orderly manner, the Architectural Committee, with the approval of
the Board of Directors, shall have the authority to levy reasonable fines of up to $100.00
per day per occurrence payable from the construction damage deposit. The Architectural
Committee shall first provide written notice to the Owner by first class mail describing the
construction debris issue. Upon failure by the Owner to cure the condition within ten (10)
days of the posting of the notice, the Architectural Committee may assess the fine and
withhold such monies from the construction damage deposit.
7. Pools. No above ground swimming pools are permitted. Architectural Committee
approval of all swimming pools is as follows:
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A. The Owner must demonstrate compliance with all County, State, and other
governmental legal requirements.
B. Plans submitted to the Architectural Committee must include: (a) pool size,
(b) placement of pool on Lot, (c) required safety fencing and (d) landscaping. All
swimming pools shall be consented to by any neighboring Owner whose line of
sight would be affected; such neighboring Owner(s) shall evidence their consent in
writing.
C. The signed plans must then be presented to the Architectural Committee for final
approval.
D. Construction of pool to be completed within sixty (60) days. Extensions may be
granted at discretion of the Architectural Committee.
E. Any debris or mud deposited on a Subdivision street as a result of construction must
be removed and the street returned to preconstruction condition at Owner’s
expense.
8. Sheds. Any Owner wishing to construct, erect, or otherwise maintain a shed must:
A. Have a completed residence on the Lot prior to construction of a shed.
B. The exterior of the shed must conform to building materials and colors of residence.
C. The location of the shed shall be submitted to any adjacent Owners whose line of
sight would be affected, and such Owners shall have a period of no less than
fourteen (14) to submit comments to the Architectural Committee before the
Architectural Committee makes any determination on the approval of the shed.
D. After submittal of the signed plans to all adjacent Owners whose line of sight would
be affected, the signed plans must then be presented to the Architectural Committee
for final approval, which approval may not be given sooner than fourteen (14) days
after submittal of the signed plans. The Architectural Committee shall consider
comments from any adjacent Owners whose line of sight would be affected.
9. Yard Structures. Any yard structure, including but not limited to, solar panels, swings,
slides, forts, water features, gazebos, shall be constructed only after obtaining the signed
approval of the Architectural Committee. The Architectural Committee may issue its
approval only after adjacent Owners whose line of sight would be affected have been given
written notice of such proposed yard structure and not less than fourteen (14) days to
provide comments to the Architectural Committee. The placement of solar panels must
take into consideration the affect glare may have on other Owners. Additional screening
or landscaping may be necessary. Color of yard structures should be in accordance with
the Association’s architectural guidelines. The signed plans must then be presented to the
Architectural Committee for final approval.
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VI. ARTICLE VI: OWNER EDUCATION
In compliance with C.R.S. § 38-33.3-209.7, the Association hereby adopts a policy
regarding owner education.
1. The Association shall provide, or cause to be provided, education to
Members at no cost on at least an annual basis as to the general operations of the Association and
the rights and responsibilities of Members, the Association, and its Board under Colorado law.
2. The Board has determined that any or all of the following actions shall
constitute compliance with such statutory education requirements:
A. Making available a copy of the Colorado Common Interest
Ownership Act “CCIOA” at the property management firm.
B. Upon Owner request, providing a copy of the CCIOA provisions at
no charge to the Owner.
VII. ARTICLE VII: PUBLIC DISCLOSURES
In compliance with C.R.S. § 38-33.3-209.4, the Association hereby adopts a written policy
regarding public disclosures.
1. The Association shall make all information required by C.R.S. § 38-33.3-
209.4 available to all Owners at no charge to Owners.
2. The Association may use any or all of the following methods and means of
disclosure in compliance with this policy:
A. Posting the information on an Internet web page with accompanying
notice of the web address to the Owners.
B. Maintenance of a literature table or binder at the Association’s
property management firm.
C. U.S. mail.
D. Personal delivery.
3. The cost of such distribution shall be accounted for as a common expense
liability.
VIII. ARTICLE VIII: MEETINGS
In compliance with C.R.S. § 38-33.3-308 and to supplement the Association’s Bylaws, the
Association hereby adopts a written policy regarding meetings.
1. Notice. Notice of any meeting of the Owners shall be physically posted in
a conspicuous place, in addition to any electronic posting or electronic mail notices that may be
15
given. At least twenty-four (24) hours prior to the meeting, the Association shall provide notice
of all regular and special meetings of Owners by e-mail to all Owners who have requested such
notice and who have furnished the Association with their e-mail addresses.
2. Attendance. All regular and special meetings of the Association’s Board or
any committee thereof shall be open to all Owners or their representatives. Agendas for meetings
of the Board shall be made reasonably available for examination by Owners or representatives
prior to said meetings, whenever reasonably possible.
3. Comment. At an appropriate time determined by the Board, but before the
Board votes on an issue under discussion, Owners or their designated representatives shall be
permitted to speak regarding that issue.
A. The Board may place reasonable time restrictions on persons
speaking during the meeting.
B. If more than one (1) person desires to address an issue and there are
opposing views, the Board shall provide for a reasonable number of persons to speak on each side
of the issue.
4. Executive Session. The members of the Board or any committee thereof
may hold an executive or closed-door session and may restrict attendance to Board members and
any other persons requested by the Board during a regular or specially announced meeting or a
part thereof.
A. The matters to be discussed at an executive session shall be limited
to the matters enumerated in C.R.S. § 38-33.3-308(4).
B. Prior to the executive session, the chair of the Board of committee
thereof shall announce the general matter of discussion at the session.
C. The minutes of all meetings at which an executive session was held
shall indicate that an executive session was held and the general subject matter of the executive
session.
5. Rules and Regulations. A rule or regulation may be validly adopted only
during a regular or special meeting open to all Owners and not during an executive session.
IX. ARTICLE IX: NOXIOUS WEED CONTROL
The Association is committed to protecting the native plant communities within the
Whitecloud Ridge Subdivision and recognizes that noxious weed control is best achieved by
raising homeowner awareness through education, suppressing, and eradicating existing noxious
weed populations, and preventing further spread of noxious weed growth into future areas. Private
property in Colorado is subject to the Colorado Noxious Weed Act, which mandates, among other
provisions, that “is the duty of all persons to use integrated methods to manage noxious weeds if
the same are likely to be materially damaging to the land of neighboring landowners.” C.R.S. § 35-
5.5-104. Noxious weeds that have established as a result of a site disturbance or are present in the
16
“natural area” of the landscape are required to be managed under a program of control. This
requirement extends to undeveloped Lots in the Whitecloud Ridge Subdivision. Any Owner that
fails to control noxious weeds on their Lot will be notified by the Association. The Owner shall
have two (2) weeks to undertake appropriate weed eradication efforts. Failure of an Owner to
adequately control weeds on a Lot may result in notice being given by the Association to the
appropriate regulatory authority. The Association may also impose fines on an Owner in
accordance with Article III of these Rules and Regulations for non-compliance with a notice to
eradicate noxious weeds.
The state Agricultural Commissioner’s office maintains lists of noxious plants divided
according to the following: List A – species new or not yet present in the state but proven threats
to surrounding states; List B – species more common and widespread; and List C – species so
numerous and common that the goal is containment to present boundaries. Information on
identification and containment of noxious weeds is available from on the Colorado Department of
Agriculture website.
X. ARTICLE X: IRRIGATION COMPANY SHARES
1. Association’s Ownership in the Missouri Heights-Mountain Meadow Irrigation Company.
The Association owns 150 shares of Class A stock and 270 shares of Class B stock (the
“Irrigation Company Shares”) in the Missouri Heights-Mountain Meadow Irrigation
Company (“MHMMIC”). Water available under the Irrigation Company Shares is
authorized for irrigation use within the Whitecloud Ridge Subdivision. The quantity of
water available under the Irrigation Company Shares may vary from year-to-year; in dry
years, there may be no water available for delivery under the Irrigation Shares.
2. Allocation of Water Available Under the Irrigation Company Shares. Water available
under the Association’s Shares is allocated to each Lot as described in the following table,
provided that the Association does not guarantee the delivery of any quantity of water
available under the Irrigation Company Shares to any Lot.
Lot
Allocation of Water
Available Under the
Association’s Shares
1 2.5%
2 2.5%
3 2.5%
4 2.5%
5 5.0%
6 5.0%
7 5.0%
8 2.5%
9 2.5%
10 7.0%
11 18.0%
17
12 21.0%
13 21.5%
14 2.5%
3. Irrigation Water Assessments. The Association shall assess fees for irrigation water to
cover expenses associated with the operation, maintenance and repair of the irrigation
delivery infrastructure and to cover annual Irrigation Company assessments. Such fees
shall be assessed in accordance with the Association’s Bylaws.
XI. ARTICLE XI: MISCELLANEOUS PROVISIONS
1. Restrictions on Aircraft. No aircraft larger than three feet in length and 3 feet in width are
permitted to be operated on the Whitecloud Ridge Subdivision.
2. Leasing of Lots. “Leasing,” for purposes of these Rules and Regulations, means regular,
exclusive occupancy or a Lot, dwelling, structure, improvement, or any portion thereof, by
any person other than the Owner, for which the Owner receives any consideration of
benefit, including rental payments, other fees or charges, services, or gratuities. All such
leases must be in writing and specifically state that such lease is subject to the Declaration,
the Bylaws, and these Rules and Regulations, and any failure of a tenant to comply
therewith will be a default under the lease. The Owner shall be liable for any violation of
the Declaration, Bylaws, or Rules and Regulations committed by such Owner’s tenant. The
Owner must make available to each tenant copies of the Declaration, Bylaws, and Rules
and Regulations. No lease or other right to occupy a Lot, dwelling, structure, improvement,
or any portion thereof or any portion of the Whitecloud Ridge Subdivision shall have a
duration that is shorter than 90 days; provided, however, that a lease for an ADU may be
for fewer than 90 days.
3. Marijuana Grow Houses. No more than three (3) marijuana plants shall be grown on any
Lot at any single time. Any such plants shall be out of sight of all other Owners and shall
not create a nuisance, whether due to odors or otherwise, of any sort for other Owners.
18
EXHIBIT A
Legal Description of Non-Subdivision Property
A PARCEL OF LAND SITUATED IN THE SW1/4 AND THE W1/2SE1/4 OF SECTION 28, TOWNSHIP 7
SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE
OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 28, A GARFIELD COUNTY
SURVEYOR BRASS CAP IN PLACE; THENCE N 63 DEGREES 50'49" E A DISTANCE OF 1573.54
FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE SE1/4SW1/4 OF SAID SECTION 28;
THENCE N 03 DEGREES 23'54" E ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 44.97
FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF LEVITT LANE, THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY N 03 DEGREES 23'54" E
A DISTANCE OF 69.65 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID LEVITT LANE;
THENCE LEAVING SAID WESTERLY BOUNDARY S 62 DEGREES 14'46" W ALONG SAID
NORTHERLY BOUNDARY A DISTANCE OF 15.12 FEET; THENCE CONTINUING ALONG SAID
NORTHERLY BOUNDARY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
500.00 FEET AND A CENTRAL ANGLE OF 17 DEGREES 43'43", A DISTANCE OF 154.71 FEET
(CHORD BEARS S 71 DEGREES 06'37" W A DISTANCE OF 154.09 FEET); THENCE CONTINUING
ALONG SAID NORTHERLY BOUNDARY S 79 DEGREES 58'28" W A DISTANCE OF 155.83 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY ALONG THE ARC OF A CURVE TO
THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 68 DEGREES 26'41", A
DISTANCE OF 203.08 FEET (CHORD BEARS N 65 DEGREES 48'11" W A DISTANCE OF 191.22
FEET); THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY N 31 DEGREES 34'50" W A
DISTANCE OF 76.82 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE
OF 05 DEGREES 08'52", A DISTANCE OF 35.94 (CHORD BEARS N 34 DEGREES 09'16" W A
DISTANCE OF 35.93 FEET); THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY N 36
DEGREES 43'42" W A DISTANCE OF 100.68 FEET TO A POINT ON THE EASTERLY BOUNDARY OF
WHITECLOUD ROAD; THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG THE EASTERLY
BOUNDARY OF WHITECLOUD ROAD ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 17 DEGREES 47'49" A DISTANCE
OF 86.97 FEET (CHORD BEARS N 38 DEGREES 13'21" E A DISTANCE OF 86.62 FEET); THENCE
CONTINUING ALONG SAID EASTERLY BOUNDARY N 29 DEGREES 19'26" E A DISTANCE OF 99.23
FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY ALONG THE ARC OF A CURVE
TO THE RIGHT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 52 DEGREES
15'54" A DISTANCE OF 200.68 FEET (CHORD BEARS N 55 DEGREES 27'23" E 193.80 FEET);
THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY N 81 DEGREES 35'20" E A DISTANCE
OF 281.45 FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY ALONG THE ARC OF
A CURVE TO THE LEFT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 77
DEGREES 47'32" A DISTANCE OF 162.93 FEET (CHORD BEARS N 42 DEGREES 41'34" E A
DISTANCE OF 150.70 FEET); THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY N 03
DEGREES 23'54" E A DISTANCE OF 105.57 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY
S 89 DEGREES 45'54" E A DISTANCE OF 603.84 FEET; THENCE N 69 DEGREES 11'09" E A
DISTANCE OF 876.78 FEET TO A POINT ON THE CENTERLINE OF HARMONY LANE; THENCE THE
FOLLOWING THIRTEEN (13) COURSES ALONG SAID CENTERLINE:
1. S 00 DEGREES 34'25" W A DISTANCE OF 226.26 FEET
2. S 02 DEGREES 28'40" E A DISTANCE OF 91.04 FEET
3. S 06 DEGREES 19'45" E A DISTANCE OF 119.31 FEET
4. N 89 DEGREES 44'08' W A DISTANCE OF 5.95 FEET
5. S 01 DEGREES 14'48" E A DISTANCE OF 280.78 FEET
6. S 02 DEGREES 01'27" W A DISTANCE OF 115.18 FEET
7. S 00 DEGREES 39'06" W A DISTANCE OF 148.53 FEET
8. S 01 DEGREES 44'55" E A DISTANCE OF 133.99 FEET
19
9. S 04 DEGREES 29'01" E A DISTANCE OF 106.53 FEET
10. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1475.00 FEET AND A
CENTRAL ANGLE OF 03 DEGREES 53'15" A DISTANCE OF 100.08 FEET (CHORD BEARS S 06
DEGREES 25'38" E A DISTANCE OF 100.06 FEET)
11. S 08 DEGREES 22'15" E A DISTANCE OF 67.98 FEET
12. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 126.84 FEET AND A
CENTRAL ANGLE OF 43 DEGREES 01'03", A DISTANCE OF 95.23 FEET (CHORD BEARS S 13
DEGREES 08'18" W A DISTANCE OF 93.01 FEET)
13. S 38 DEGREES 11'47" W A DISTANCE OF 18.82 FEET
THENCE LEAVING SAID CENTERLINE S 89 DEGREES 43'12" W A DISTANCE OF 30.74 FEET;
THENCE N 01 DEGREES 52'30" E A DISTANCE OF 329.19 FEET; THENCE N 89 DEGREES 58'25" W
A DISTANCE OF 110.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE GLEN
SUBDIVISION EXEMPTION; THENCE N 02 DEGREES 06'23" E ALONG SAID EASTERLY BOUNDARY
A DISTANCE OF 49.20 FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION EXEMPTION;
THENCE S 89 DEGREES 56'49" W ALONG THE NORTHERLY BOUNDARY OF SAID SUBDIVISION
EXEMPTION A DISTANCE OF 677.27 FEET TO THE NORTHWEST CORNER OF SAID SUBDIVISION
EXEMPTION; THENCE S 02 DEGREES 39'45" W ALONG THE WESTERLY BOUNDARY OF SAID
SUBDIVISION EXEMPTION A DISTANCE OF 682.91 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID SECTION 28; THENCE S 89 DEGREES 39'09" W ALONG SAID SOUTHERLY
BOUNDARY A DISTANCE OF 503.16 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY N 00
DEGREES 00'00" W A DISTANCE OF 30.00 FEET; THENCE N 89 DEGREES 39'09" E A DISTANCE
OF 425.10 FEET; THENCE N 00 DEGREES 00'00" W A DISTANCE OF 59.07 FEET; THENCE N 41
DEGREES 24'02' W A DISTANCE OF 642.79 FEET; THENCE N 00 DEGREES 00'00" W A DISTANCE
OF 83.42 FEET; THENCE N 49 DEGREES 45'04" E A DISTANCE OF 99.80 FEET; THENCE N 00
DEGREES 06'30" W A DISTANCE OF 76.47 FEET; THENCE N 40 DEGREES 28'34" W A DISTANCE
OF 69.78 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF AN ACCESS AND UTILITY
EASEMENT; THENCE S 49 DEGREES 31'26" W ALONG SAID SOUTHERLY BOUNDARY A
DISTANCE OF 97.08 FEET; THENCE CONTINUING ALONG SAID BOUNDARY ALONG THE ARC OF
A CURVE TO THE RIGHT HAVING A RADIUS OF 330.00 FEET AND A CENTRAL ANGLE OF 12
DEGREES 43'20", A DISTANCE OF 73.27 FEET (CHORD BEARS S 55 DEGREES 53'06" W A
DISTANCE OF 73.12 FEET); THENCE CONTINUING ALONG SAID BOUNDARY S 62 DEGREES
14'46" W A DISTANCE OF 17.93 FEET; THENCE CONTINUING ALONG SAID BOUNDARY ALONG
THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 560.00 FEET AND A CENTRAL
ANGLE OF 02 DEGREES 08'23", A DISTANCE OF 20.91 FEET (CHORD BEARS S 63 DEGREES
18'58" W A DISTANCE OF 20.91 FEET) TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
Parcel/Lot
Dwelling
Units
Lawn and
Garden
Area Livestock Jan Feb March April May June July Aug Sept Oct Nov Dec Total Total
(square feet)(gal)(gal)(gal)(gal)(gal)(gal)(gal)(gal)(gal)(gal)(gal)(gal)(gal)(AF)
1 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
2 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
3 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
4 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
5 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
6 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
7 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
8 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
9 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
10 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
11 1 1,500 2 12,000 12,000 12,000 15,000 30,000 30,000 30,000 30,000 30,000 12,000 12,000 12,000 237,000 0.73
12 2 1,500 2 22,830 22,830 22,830 23,830 36,000 36,000 36,000 36,000 36,000 25,430 22,830 22,830 343,410 1.05
13 2 1,500 2 22,830 22,830 22,830 23,830 36,000 36,000 36,000 36,000 36,000 25,430 22,830 22,830 343,410 1.05
C(14)1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
D 7 10,500 6 77,160 77,160 77,160 80,660 120,330 120,330 120,330 120,330 120,330 86,260 77,160 77,160 1,154,370 3.54
Open Space 0 21,780 6,500 20,000 20,000 20,000 20,000 20,000 6,500 113,000 0.35
Total 23 53,280 12 250,320 250,320 250,320 270,820 517,330 517,330 517,330 517,330 517,330 285,420 250,320 250,320 4,394,490 13.49
Total (AF)0.77 0.77 0.77 0.83 1.59 1.59 1.59 1.59 1.59 0.88 0.77 0.77 13.49
EXHIBIT B - Water Allocation
Whitecloud HOA Potable Water System Monthly Allocation
21650 LRE WATER
20
MJE
February 2, 2022
21
EXHIBIT C
Water Charges
For any amount of potable water provided to a Lot in excess of the monthly allocation
amounts set forth in Exhibit B to these Rules, Regulations & Policies, the following charges shall
apply:
a.For the first 1,000 gallons in excess of the Lot’s potable water allocation: $200.00
(the “Tier One Rate”);
b.For the second through fifth 1,000 gallons in excess of the Lot’s potable water
allocation: $300.00 per 1,000 gallons (the “Tier Two Rate”); and
c.For the sixth and each subsequent 1,000 gallons in excess of the Lot’s water
allocation: $400.00 per 1,000 gallons (the “Tier Three Rate”).
These charges shall be imposed at the Board’s discretion. If there are mitigating circumstances
beyond the Owner’s control, the charges may be waived or reduced by the Board.
17915125_v11
WHITECLOUD RIDGE HOMEOWNERS ASSOCIATION
RULES, REGULATIONS & POLICIES
Adopted by the Board of Directors of
Whitecloud Ridge Homeowners Association
Effective March 9, 2022
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TABLE OF CONTENTS
Page
I. ARTICLE I: INTERPRETATION & FEES APPLICABLE TO LOT SALES .............. 1
1. Interpretation.. ................................................................................................................................... 1
2. Transfer Fee ...................................................................................................................................... 1
3. Exempt Transfers .............................................................................................................................. 1
II. ARTICLE II: POTABLE WATER SYSTEM ................................................................ 2
1. Potable Water System ....................................................................................................................... 2
2. Non-Subdivision Property Water Use ............................................................................................... 2
3. Owner’s Responsibility to Comply with Rules and Regulations ...................................................... 2
4. Allocation of Potable Water .............................................................................................................. 2
5. Installation and Maintenance ............................................................................................................ 2
6. Backflow Prevention Devices ........................................................................................................... 5
7. Emergencies/Water Shortages .......................................................................................................... 6
8. Potable Water Assessments .............................................................................................................. 7
III. ARTICLE III: IMPOSITION OF FINES AND SUSPENSION OF SERVICES ........ 7
1. Demand ............................................................................................................................................. 7
2. Notice ................................................................................................................................................ 7
3. Hearing .............................................................................................................................................. 7
4. Proof .................................................................................................................................................. 7
5. Appeal ............................................................................................................................................... 8
6. Allocation of Attorney Fees and Costs ............................................................................................. 8
7. Non-Applicability of Penalty Policy ................................................................................................. 8
8. Rights to Immediate Relief ............................................................................................................... 8
IV. ARTICLE IV: ALTERNATIVE DISPUTE RESOLUTION ........................................ 8
1. Agreement to Encourage Resolution of Disputes Without Litigation .............................................. 8
2. Alternative Dispute Resolution Procedures. ..................................................................................... 9
3. Settlement ....................................................................................................................................... 10
V. ARTICLE V: ARCHITECTURAL REVIEW PROCESS & GUIDELINES ............ 10
1. Exterior Materials ........................................................................................................................... 10
2. Roofs and Eaves .............................................................................................................................. 11
3. Landscaping .................................................................................................................................... 11
4. Architectural Review Fee................................................................................................................ 11
5. Construction Damage Deposit ........................................................................................................ 12
6. Construction Fines .......................................................................................................................... 12
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7. Pools ................................................................................................................................................ 12
8. Sheds ............................................................................................................................................... 13
9. Yard Structures ............................................................................................................................... 13
VI. ARTICLE VI: OWNER EDUCATION......................................................................... 14
VII. ARTICLE VII: PUBLIC DISCLOSURES .................................................................... 14
VIII. ARTICLE VIII: MEETINGS ..................................................................................... 14
1. Notice .............................................................................................................................................. 14
2. Attendance ...................................................................................................................................... 15
3. Comment ......................................................................................................................................... 15
4. Executive Session ........................................................................................................................... 15
5. Rules and Regulations ..................................................................................................................... 15
IX. ARTICLE IX: NOXIOUS WEED CONTROL ............................................................ 15
X. ARTICLE X: IRRIGATION COMPANY SHARES ................................................... 16
1. Association’s Ownership in the Missouri Heights-Mountain Meadow Irrigation Company ......... 16
2. Allocation of Water Available Under the Irrigation Company Shares ........................................... 16
3. Irrigation Water Assessments ......................................................................................................... 17
XI. ARTICLE XI: MISCELLANEOUS PROVISIONS .................................................... 17
1. Restrictions on Aircraft. .................................................................................................................. 17
2. Leasing of Lots ............................................................................................................................... 17
3. Marijuana Grow Houses ................................................................................................................. 17
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I. ARTICLE I: INTERPRETATION & FEES APPLICABLE TO LOT SALES
1. Interpretation. Capitalized terms used herein but not defined herein shall have the meaning
ascribed to them in the Declaration of Protective Covenants of Whitecloud Ridge
Subdivision, recorded in the real property records of Garfield County, Colorado, at
reception number 571156, and all amendments thereto (as amended, the “Declaration”).
2. Transfer Fee. In the event any Lot is sold or otherwise transferred, the Association shall
assess a transfer fee equal to 1% of the sale price against the purchaser or the transferee,
not to exceed $15,000.00 in any instance (the “Transfer Fee”). The Transfer Fee shall be
due and payable at the closing of the sale or transfer that triggers such fees. The purchaser,
or the transferee, shall deliver such documents requested by the Association to verify the
sale of a Lot and the sale price of the Lot. The sale price of the Lot shall be the amount of
the consideration paid by the purchaser or the transferee, not including any deductions for
prorations, to the seller in order to obtain record title to the Lot. For any Transfer Fee that
is assessed but unpaid, whether in whole or in part, the Association shall have the right to
record a lien against the Lot that was the subject of the transaction that generated such
Transfer Fee.
3. Exempt Transfers. The following transfers of a Lot are exempt from the Transfer Fee:
A. In the event of any default on the part of an Owner under any first Mortgage that
entitles the holder thereof to foreclose the same, any sale under such foreclosure,
including delivery of a deed in lieu of foreclosure, shall be made free and clear of
the Transfer Fee;
B. The transfer by operation of law, of a deceased joint tenant’s interest to the
surviving joint tenant(s);
C. The transfer of a deceased’s interest to a devisee or devisees by will or to his heirs
at law under intestacy laws;
D. The transfer of an Owner’s interest, in whole or in part, to a blood relative, including
where the Owner and the transferee are legal entities and the members, owners,
shareholders, partners, or beneficiaries, under such legal entities are all blood
relatives;
E. The transfer of an Owner’s interest by treasurer’s deed pursuant to a sale for
delinquent taxes;
F. The transfer of all or any part of a partner’s interest as a result of withdrawal, death,
or otherwise, to the remaining partners carrying on the partnership business, and/or
of a partner’s or partners’ interests between one or more partners, and/or to persons
becoming partners;
G. The transfer of a corporation’s interest to the persons formerly owning the stock of
the corporation as a result of dissolution. A transfer to the resulting entity following
a corporate merger or consolidation; provided, however, that at least fifty percent
2
(50%) of the stock of the resulting entity is owned by the stockholders of the
corporation formerly owning the Lot; and
H. The transfer between co-tenants of all or a part of a co-tenant’s interest.
If the purchaser or transferee of a Lot can establish to the satisfaction of the Board that a transfer
is exempt from the Transfer Fee, then such transfer will not be subject to the Transfer Fee.
II. ARTICLE II: POTABLE WATER SYSTEM
1. Potable Water System. The Association operates a community-treated water system (the
“Potable Water System”), defined as the “Water System” in the Amended and Restated
Whitecloud Ridge Domestic Water System Operating Agreement recorded in the Records
of the Garfield County Clerk and Recorder on February 23, 2022, as Reception No. 971324
(the “Domestic Water System Operating Agreement”), which was constructed to provide
potable water service to Lots and property within the Whitecloud Ridge Subdivision and
to the real property described in the attached Exhibit A (the “Non-Subdivision Property”).
The Association owns and manages certain water rights, wells, easements, primary water
system components, and personal property, together with the right and privilege to conduct,
maintain, and operate the Potable Water System for the Owners of the Whitecloud Ridge
Subdivision and for other users of the Potable Water System, all in accordance with the
Domestic Water System Operating Agreement.
2. Non-Subdivision Property Water Use. If the Potable Water System serves all or any portion
of the Non-Subdivision Property, then such service of the Potable Water System to the
Non-Subdivision Property and any use of the Potable Water System on the Non-
Subdivision Property shall be subject to the terms of Articles II, III, and IV of these Rules
and Regulations. The owner of the Non-Subdivision Property, or the owner of any portion
thereof, is considered an Owner for the purposes of Articles II, III, and IV. The Non-
Subdivision Property, and any portion thereof that is further subdivided, is considered a
Lot for purposes of Article II, III, and IV.
3. Owner’s Responsibility to Comply with Rules and Regulations. It is the responsibility of
every Owner to abide by the most current set of Rules and Regulations. Violation of any
rule or regulation by an Owner may jeopardize the Association’s water rights, and
consequently any Owner in violation of any Association rules and regulations may result
in the termination of the right of that Owner to receive water service from the Potable Water
System.
4. Allocation of Potable Water. The Owner of each Lot is subject to the limitations on the use
of potable water as set forth in the attached Exhibit B. For any amount of potable water
provided to a Lot in excess of the monthly allocation amounts set forth in the Exhibit B,
the charges specified in the attached Exhibit C shall apply.
5. Installation and Maintenance.
A. Other than those wells already in existence on certain Lots, individual wells shall
not be permitted on any Lot, except that the Board may approve construction of one
3
or more new wells to replace, or to supplement the water supply from, the existing
wells that are components of the Potable Water System.
B. Individual Owners are responsible for the extension, construction, and maintenance
of any water lines necessary to service any structures that may be built on a Lot.
C. Only one tap into the Potable Water System is allowed per Lot. Notwithstanding
the previous sentence, up to seven (7) taps are allowed on the Non-Subdivision
Property, whether or not the Non-Subdivision Property is further subdivided,
consistent with the Domestic Water System Operating Agreement.
D. All water use from the Potable Water System is required to be individually metered,
and the cost of the meter, installation, repair, and replacement thereof shall be the
responsibility of the Owner. Each Owner is required to have a Potable Water
System meter on the Lot. The water meter must be installed after the curb stop valve
for the Lot adjacent to a community street at a location approved by the
Architectural Committee; or, for Non-Subdivision Property, the water meter must
be installed after the curb stop valve for every tap within the Non-Subdivision
Property that is adjacent to a street at a location and in a manner such that the water
meter is reasonably accessible year-round. The Association shall have no
obligation to provide water service to Lots or taps without domestic water meters.
i. Meters shall be read at least quarterly, and the readings will be kept on file
by the Board or by a management firm retained by the Board.
ii. Owners exceeding the number of gallons that they are allocated per month
will be assessed a water surcharge as provided herein.
iii. Any Owner who does not have a working domestic meter shall be subject
to fines as outlined in Article III, Imposition of Fines and Suspension of
Services. Failure to install or maintain a working domestic meter may result
in the termination of domestic water service to the Lot, subject to written
notice to the Owner and opportunity to be heard in accordance with the
procedure set forth herein for imposition of fines.
E. The water line from the Association’s Potable Water System to a home may not be
larger than one inch.
F. No pressure augmentation system or device may be used to create a suction on the
line from the Association’s Potable Water System to a home on a Lot.
G. For any new tap, the Owner requesting such tap must pay to the Association a
nonrefundable $12,000.00 fee prior to installing such tap. In addition, if the Owner
of Lot 12 or Lot 13 desires to construct a second dwelling unit on the Lot, then the
Owner must pay to the Association a nonrefundable $8,400.00 fee prior to
constructing the second dwelling unit. The Board in its sole discretion periodically
may change this fee to reflect increasing water system costs.
4
H. The number of outside hose bibs is limited to two (2), and lines to such bibs may
not exceed 3/4 inch.
I. Under no circumstances may the Potable Water System be used to create or fill a
water feature, hot tub, or a swimming pool. Water features, swimming pools and
outdoor hot tubs may only be filled with water provided from an outside source
with proof of purchase of the water submitted to the Board.
J. An Owner may use the Potable Water System to irrigate a portion of its Lot in a
manner consistent with the potable water allocations set forth in Exhibit B;
provided, however, the Board, in its reasonable discretion, may impose
conservation measures upon such use of potable water for irrigation purposes, or
the Board, in its reasonable discretion, may prohibit the use of potable water for
irrigation purposes. Use of the Potable Water System for outdoor irrigation in a
manner inconsistent with the allocations set forth in Exhibit B or with the
conservation measures or restrictions imposed by the Board may result in fines or
suspension of service.
K. The Owner is responsible for the maintenance, repair, and replacement of the water
line from the Association’s Potable Water System to the home, including the repair,
maintenance, or replacement of the water meter. Owners who seek to replace or
move the water line from the meter to the home must get permission from the
Association and may be required to deposit such amounts as may be determined by
the Board to cover the expense that might be incurred by the Association.
L. Inspectors and other duly authorized employees of the Association with proper
credentials shall be permitted to enter upon all Lots and other properties served by
the Potable Water System or serving the Potable Water System at reasonable times
as necessary for the purpose of inspection, observation, measurement, sampling and
testing and repairing any of the water or service lines, and checking for leaks or
cross-connections.
M. All Owners must provide the contact information for a person located within 50-
miles of the Whitecloud Ridge Subdivision who can respond to emergencies or
other water issues within a 24-hour period. This information shall include both a
phone number and e-mail address. If an Owner resides in the house but will be out
of town for an extended period of time (2 weeks or more), the Owner must provide
the Association with an alternate contact person. The contact person must be able
to physically enter the property.
N. If contacted about a water issue, the contact person must respond to the Association
representative within 24 hours. If the Owner or contact person fails to respond
within 24 hours, the Association may take such steps as it deems necessary to
address the problem, which depending on circumstances, include imposition of
fines, curtailment of service or suspension of service as provided in Article III,
below.
5
O. If a leak is found by the Association in a service line at any point between the
service connection and the residence served, the Association shall notify the Owner
of the property served that a leak has been discovered and that the leak must be
repaired. If the repair is made within seventy-two (72) hours, there shall be no
charge for water use attributed to the leak. If the leak is not repaired within seventy-
two (72) hours, the Owner shall be charged for water attributed to the leak at the
Tier Three Rate contained in the attached Exhibit C. This regulation shall not be
construed in any way to prevent the Association from suspending service in the
event of an emergency or other violation of these Rules and Regulations.
P. The Association, upon failure of an Owner following notice to make timely repairs
to the private service line and appurtenances from the Association’s Potable Water
System, may suspend service until the Owner has made the necessary repairs. The
Association may also charge the Owner, as a Reimbursement Assessment, for all
related costs incurred by the Association, including but not limited to any related
engineering, legal, or operator costs.
6. Backflow Prevention Devices.
A. No residence or Lot shall have a cross-connection to a pipe, fixture, or supply, any
of which might contain water other than the Association’s potable water. It is the
responsibility of each customer to have interior plumbing with no cross-
connections.
B. Pursuant to State of Colorado regulations, all Owners must install and maintain an
Association-approved backflow prevention device that has been manufactured in
full conformance with the standards established by the American Water Works
Association. For any new construction, proof of installation of a backflow
prevention device must be provided before the residence may be occupied.
C. State of Colorado regulations further require that all backflow prevention devices
be inspected annually. Owners are required to arrange for an annual inspection and
must provide the annual inspection report to the Association no later than the first
day of October of each year. If not received by that date, the Association may begin
proceedings to impose monetary penalties, to conduct such inspection, the cost of
which may be charged to the Owner as a Reimbursement Assessment, or, if still
unresolved, to suspend water service to that property as provided in Article III,
below.
D. All backflow prevention devices shall be repaired, overhauled or replaced at the
expense of the Owner whenever these devices are found to be defective.
E. Water service to any premise may be suspended if a required backflow prevention
device is not installed, tested, and maintained, and inspected annually as required
herein, or if a backflow prevention device has been removed or bypassed. An
unprotected cross-connection on any premises may also result in suspension of
service. Service will not be restored until such conditions or defects are corrected.
6
F. When a cross connection condition becomes known, the Board will follow the
procedures outlined in Article III for suspension of water service. The absence of a
proper backflow prevention device, or the existence of an unprotected cross
connection, may constitute an immediate threat of harm to the public health, safety,
or welfare, in which case the procedures in Article III for suspension of service for
emergencies may apply.
7. Emergencies/Water Shortages.
A. Whenever there is a shortage of water, system operating failure, system repair, or
emergency, the Association shall have the power to regulate and curtail water
usage.
B. It shall be the Association’s policy to implement reasonably practicable water
conservation measures during those times when water supplies are limited due to
drought-like conditions. This shall become effective upon a finding by the Board,
with a majority of the Board required to vote, that a water shortage exists (a “Water
Shortage”). Upon such finding, the Association may reduce, on a pro rata basis,
service to all Lots or any other property otherwise served by the Potable Water
System. The duration of the Water Shortage will be decided by the Board according
to the exigencies of the particular situation.
C. The provisions of this Section II.8 shall apply only to the use of the potable water
supply of the Association. Separate provisions are provided in Article X of these
Rules and Regulations for the non-potable irrigation water supply.
D. During the period designated Water Shortage, there shall be no washing of
sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, and
no washing of privately owned cars, other motor vehicles, trailers, or boats, except
from a bucket and except that a hose equipped with a positive shut-off nozzle may
be used for a quick rinse.
E. In the event the Association becomes aware of an immediate threat of harm to
Association property, or the public health, safety or welfare, water service may be
immediately suspended until compliance with these Rules and Regulations is
established.
F. If immediate suspension of water service is necessary, the Association will make
every reasonable effort to contact the Owner verbally prior to discontinuing water
service. A Notice of Emergency Water Service Suspension shall be posted in a
conspicuous place at the service location. As soon as practicable after the water
service has been suspended, the Association will deposit the notice in the United
States Mail postage prepaid, addressed to the Owner’s address as appears in the
records of the Association. The Notice of Emergency Water Service Suspension
shall include the following information:
i. The reasons for water service suspension and the action that must occur for
water service to be resumed; and
7
ii. The name and contact information of the person at the Association who can
answer questions about the water service suspension; and
iii. Notice that the Owner may appeal the water service suspension.
8. Potable Water Assessments. The Association shall assess fees for potable water service in
accordance with the Association’s Bylaws and the Domestic Water System Operating
Agreement. In accordance with the Domestic Water System Agreement, the Association’s
authority to assess fees and charges for potable water service extends to all users of the
Potable Water System, including the owner of the Non-Subdivision Property, or the owner
of any portion thereof.
III. ARTICLE III: IMPOSITION OF FINES AND SUSPENSION OF SERVICES
In compliance with C.R.S. § 38-33.3-209.5, the Association hereby adopts a written policy
regarding imposition of fines and suspension of services. Prior to the imposition of a fine for
violations of the Association’s Declaration, Bylaws, or Rules and Regulations, or the suspension
of services, the Board shall comply with the following procedure:
1. Demand. Written demand to cease and desist from the alleged violation will be mailed by
certified mail upon the alleged violator specifying: (1) the alleged violation; (2) the action
required to abate the violation; and (3) a time period of not less than 10 days during which
the violation may be abated without further penalty (if such violation is a continuing one)
or a statement that any additional similar violation may result in the imposition of a penalty
after notice and a hearing (if the violation is not continuing).
2. Notice. At any time within 12 months of such demand, if the violation continues past the
period allowed in the demand for abatement or if the same rule is subsequently violated,
the Board or its delegate will serve the violator with written notice by certified mail of a
hearing to be held by the Board. The notice will contain the following: (1) the nature of
the alleged violation; (2) the time and place of the hearing, which time will be not less than
10 days from the giving of the notice; (3) an invitation to attend the hearing and produce
any statement, evidence and witness on the Owner’s behalf; and (4) the proposed penalty
to be imposed.
3. Hearing. The hearing will be held pursuant to the notice, affording the Owner a reasonable
opportunity to be heard in front of the Board. A decision maker shall not be deemed to
have a direct personal or financial interest in the outcome if the decision make will not, as
a result of the outcome, receive any greater benefit or detriment than will the general
membership of the association. The Board shall be assumed to be an impartial decision
maker without specific evidence presented to the contrary.
4. Proof. Official minutes shall be taken at any hearing to impose a penalty. Prior to the
effectiveness of any penalty, proof of notice and an invitation to be heard will be placed in
the minutes of the meeting. Such proof will be deemed adequate if a copy of the notice,
together with a statement of the date and manner of delivery, is entered by the officer,
director, or agent who delivered such notice. The notice requirement will be deemed
satisfied if the alleged violator appears at the meeting. The minutes of the meeting will
8
contain a written statement of the results of the hearing and the penalty, if any, imposed.
The presenting party will provide copies of any written evidence to the other party or
parties. The decision of the Board will be final.
5. Appeal. The Board may in its discretion appoint a committee to hear the matter (a “Hearing
Committee”). In such event the above procedure will apply except that either party may
appeal the decision of the Hearing Committee to the Board by written notice to the Hearing
Committee, the other party, and the Board. The Board will consider the minutes of the
hearing and report the decision of the Board within a reasonable period of time not
exceeding 60 days after receipt of the notice. The decision of the Board will be final.
6. Allocation of Attorney Fees and Costs. If, as a result of the hearing, it is determined that
the Owner should not be held responsible for the alleged violation, the Association shall
not allocate to the Owner’s account with the Association any of the Association’s costs or
attorney’s fees incurred in asserting or hearing the claim.
7. Non-Applicability of Penalty Policy. The Association shall not be required to follow the
foregoing procedures in any action to impose any penalty, cost or fee for nonpayment of a
delinquent Assessment.
8. Rights to Immediate Relief. Nothing herein shall restrict the rights of the Association to
seek immediate relief, including suspending domestic water service, or seeking relief from
a court, including injunctive relief, for any violation involving the domestic water system,
the Water Court decrees of the Association, the peace, health or safety to person or
property, or for any matter where the time frame for imposing fines could result in
irreversible actions being taken (i.e., construction of improvements).
IV. ARTICLE IV: ALTERNATIVE DISPUTE RESOLUTION
In compliance with C.R.S. § 38-33.3-124, the Association hereby adopts a written policy
statement setting forth its procedure for addressing disputes arising between the Association and
its Owners.
1. Agreement to Encourage Resolution of Disputes Without Litigation. The Association and
its Owners, Board, and committee members, all persons subject to the Declaration, and any
person not otherwise subject to the Declaration who agrees to submit to this provision
(collectively, “Bound Parties”), agree that it is in the best interests of all concerned to
encourage the amicable resolution of disputes involving the Association and its Owners
without the emotional and financial costs of litigation. Accordingly, each Bound Party
agrees not to file suit in any court with respect to a Claim described below, unless and until
it has first submitted such Claim to the alternative dispute resolution (“ADR”) procedures
set forth in Section 2 of this Article IV in a good faith effort to resolve such Claim.
A. Definition of Claim. As used in this article, the term “Claim” shall refer to any
claim, grievance, or dispute arising out of or relating to (1) interpretation,
application, or enforcement of the Association documents, such as the Declaration,
Bylaws, or these Rules and Regulations; (2) the rights, obligations, and duties of
any Bound Party under the Association documents, such as the Declaration,
9
Bylaws, or these Rules and Regulations, or under the Colorado Common Interest
Ownership Act; (3) the design or construction of improvements within the
Whitecloud Ridge Subdivision; or (4) any decision of the Architectural Committee.
B. Exceptions from Claim. Notwithstanding the foregoing, the following will not be
considered “Claims” unless all parties to the matter otherwise agree to submit the
matter to the procedures set forth in Section 2 of this Article IV: (1) any suit by the
Association to collect assessments or other amounts due, including fees, from any
Owner; (2) any suit by the Association to obtain a temporary restraining order (or
emergency equitable relief and such ancillary relief as the court may deem
necessary in order to maintain the status quo); (3) any suit involving an imminent
threat to peace, health or safety of persons or property or for any matter where the
time to undertake ADR could result in irreversible actions being undertaken (i.e.
construction of improvements); (4) any suit involving the integrity of any water
system, compliance with any water court decrees affecting the Association or the
Whitecloud Ridge Subdivision, or compliance with the any requirements related to
the irrigation water rights; (5) any suit between Owners, which does not include
Declarant or the Association as a party, if such suit asserts a claim which would
constitute a cause of action independent of the Association documents, such as the
Declaration, Bylaws, or these Rules and Regulations; (6) any suit in which an
indispensable party is not a Bound Party; and (7) any suit as to which any applicable
statute of limitations would expire within 180 days of giving the Notice, unless the
parties against whom the Claim is made agree to toll the statute of limitations as to
such Claim for such period as may reasonably be necessary to comply with this
Article.
2. Alternative Dispute Resolution Procedures.
A. Notice. The Bound Party asserting a Claim (“Claimant”) against another Bound
Party (“Respondent”) shall give written notice to each Respondent and to the
Executive Board stating plainly and concisely: (1) the nature of the Claim,
including the persons involved and the Respondent’s role in the Claim; (2) the legal
basis of the Claim (i.e. the specific authority out of which the Claim arises); (3) the
Claimant’s proposed resolution or remedy; and (4) the Claimant’s desire to meet
with the Respondent to discuss in good faith ways to resolve the Claim.
B. Negotiation. The Claimant and Respondent shall make every reasonable effort to
meet in person and confer for the purpose of resolving the Claim by good faith
negotiation. If requested in writing, accompanied by a copy of the Notice, the Board
may appoint a representative to assist the parties in negotiating a resolution of the
Claim.
C. Mediation. If the parties have not resolved the Claim through negotiation within
30 days of the date of the notice described in Section 2A (or within such other
period as the parties may agree upon), the Claimant and Respondent may agree to
submit the Claim to mediation with an entity designated by the Association (if the
Association is not a party to the Claim) or to an independent agency providing
10
dispute resolution services in Eagle, Garfield, or Pitkin County. If the parties agree
to submit to mediation, the parties shall schedule the mediation within sixty
(60) days. The cost of hiring the mediator shall be shared equally. All parties shall
pay their estimated respective costs of the mediation prior to the mediation
occurring. Failure to pay the respective costs of the mediation by one party in
advance of the mediation shall be grounds for any other party to cancel the
mediation. If the parties do not settle the Claim within 30 days after submission of
the matter to mediation, or within such time as determined reasonable by the
mediator, the mediator shall issue a notice of termination of the mediation
proceedings indicating that the parties are at an impasse and the date that mediation
was terminated. The Claimant shall thereafter be entitled to file suit or to initiate
administrative proceedings on the Claim, as appropriate.
3. Settlement. Any settlement of the claim through negotiation or mediation shall be
documented in writing and signed by the parties and may be presented to the court as a
stipulation. If any party thereafter fails to abide by the terms of such agreement, then any
other party may file suit or initiate administrative proceedings to enforce such agreement
without the need to again comply with the procedures set forth in this Section. In such
event, the party taking action to enforce the agreement or award shall, upon prevailing, be
entitled to recover from the non-complying party (or if more than one non-complying party,
from all such parties in equal proportions) all costs incurred in enforcing such agreement
or award, including, without limitation, attorney’s fees and court costs.
V. ARTICLE V: ARCHITECTURAL REVIEW PROCESS & GUIDELINES
In compliance with C.R.S. § 38-33.3-302(3)(b), the Association hereby adopts standards and
procedures to guide decisions concerning the approval or denial of an Owner’s application for
architectural or landscaping changes.
1. Exterior Materials. The exterior materials used on structures in the Whitecloud Ridge
Subdivision shall be as follows:
A. Walls. All structures shall use a combination of cement board, stone, stucco, or
other materials approved by the Architectural Committee.
B. Roofs. All roofs shall have natural colors and consist of asphalt, shingles, non-
reflective metal, or other materials approved by the Architectural Committee.
C. Exterior Doors. Exterior front doors on structures must conform with the
architecture of the structure. Garage doors shall be wood, metal, or masonite with
a wood veneer stained to match the front door as closely as possible, or as approved
by the Architectural Committee.
D. No bright, unfinished surfaces shall be allowed. All metallic surfaces, such as roof
vents, flashing, fireplace flues and gutters shall be coated or painted to match the
predominant color of the roof, fascia or exterior siding of the house, or as approved
by the Architectural Committee.
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2. Roofs and Eaves. The form of the roof and the materials used on it create a significant part
of the visual impact of a building, and will be carefully reviewed by the Architectural
Committee. Gable, hip and shed roofs will generally be acceptable for residential
construction, while gambrel, flat, mansard and A-frame roofs will not be encouraged.
Large roof forms or long, uninterrupted ridge lines should be complemented with smaller
forms, such as dormers or shed roofs. With few exceptions, the predominate roof pitch
should not be less than 5:12, with steeper pitches encouraged. Roof eaves are encouraged
to be 18" to 24" in length for roofs with a shallower pitch, and in no event less than 12" for
steeper pitch roofs. However, these roofs and any other unique forms developed will be
reviewed on their merits on a case-by-case basis.
3. Landscaping. The Architectural Committee encourages the use of landscaping, plant
materials of a variety of heights and sizes, walkways and paths, and berms and swales to
enhance the appearance of a residence and surrounding neighborhood.
A. Within six (6) months after completion of improvements or additions, or within any
extension period granted by the Architectural Committee, all yards and open space
shall be landscaped and thereafter maintained in landscape; provided, however, that
the open space that is a portion of Lots 7, 8, 9, and 10 and encircled by Whitecloud
Road, as depicted on that Whitecloud Ridge Subdivision Final Plat recorded at
reception number 571155 in the real property records of the Garfield County Clerk
and Recorder, shall be landscaped, irrigated, and maintained by the Association,
and the Owner(s) of Lots 7, 8, 9, and 10 shall not be responsible for the landscaping,
irrigation, or maintenance or such open space.
B. Areas surrounding the structure may incorporate more manicured plant materials
(i.e., sod). It is recommended that a buffer comprised of flowers, bushes, shrubs or
trees exist between the foundation and sodden areas to reduce the visual impact of
the structure. The plant materials in buffer areas should require low levels of
irrigation water. Grades surrounding the house should exceed 3% to allow proper
drainage away from the foundation.
4. Architectural Review Fee. At the time an application is submitted to the Architectural
Committee for review of any plans as required by the Declaration, the Owner shall deposit
with the Association (i) a non-refundable fee of $5,000, (ii) a refundable (subject to these
Rules and Regulations) fee of $20,000. The Owner shall be responsible to reimburse the
Association for all amounts generated as the result of a review of an application by the
Architectural Committee, even if such review exceeds $25,000. If such review exceeds
$5,000, then such excess costs shall be deducted from the $20,000 deposit. The Association
and/or Architectural Committee shall prepare an accounting of costs that exceed the $5,000
initial payment and shall provide the same to the Owner. The Owner shall reimburse the
Association the amount on the accounting that exceeds both the $5,000 deposit and the
$20,000 deposit, in the aggregate, within thirty (30) days. Failure to reimburse the
Association the amount on the accounting in a timely manner may result in a lien being
placed on the Owner’s property by the Association. Following substantial completion of
the improvements, if the Architectural Committee determines in its reasonable discretion
that such improvements comply with the plans approved by the Architectural Committee,
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then the Association shall refund the $20,000 or the portion of such deposit that remains
after accounting for review costs, without interest. If the constructed improvements on the
Owner’s Lot are not in substantial compliance with the plans the Architectural Committee
approved, then, in its reasonable discretion, the Architectural Committee may withhold all
or a portion of the $20,000 deposit; if, in the Architectural Committee’s reasonable
discretion, the Owner cures such non-compliance, then the Architectural Committee shall
return the remainder of such $20,000 deposit (without interest) that it withheld, less any
additional review costs, to the Owner.
5. Construction Damage Deposit. Prior to receiving an approval from the Architectural
Committee for constructing any improvement on any Lot, the Owner shall deposit with the
Association the amount of $10,000. This deposit shall be deposited into an account of the
Association that is separate from the general operating account of the Association.
After the Owner has completed the approved improvements on the Lot, the Owner shall
give the Association notice of completion in writing. The Association shall have thirty
(30) days to inspect the improvements and the impact of construction thereof on any
improvements, lands or infrastructure owned or maintained by the Association (i.e.,
common elements, roads, sidewalks, water pipes, irrigation ditches, open spaces areas).
In the event that construction on an Owner’s Lot has resulted in the imposition of a
construction debris fine described in Section 6 below or caused damage to improvements,
lands or infrastructure owned or maintained by the Association, the Association shall
provide an accounting of the damage to the Owner within forty-five (45) days of
receiving the notice of completion. The Association shall be entitled to withhold such
amounts from the deposit as will be required to offset any fines and to repair or replace
any damage. The remainder, if any, shall be returned to the Owner together with the
accounting, without interest. The Owner shall be responsible to reimburse the
Association for all amounts required to repair or replace the damage, even if such review
exceeds the deposit of $10,000. The Owner shall reimburse the Association the amount
on the accounting within thirty (30) days. Failure to reimburse the Association the
amount on the accounting in a timely manner may result in a lien being placed on the
Owner’s property by the Association.
6. Construction Fines. All Owners are required to maintain neat, orderly construction sites
on the Lots and to prevent construction debris from blowing into and accumulating upon
adjacent Lots. In the event an Owner fails to maintain his or her Lot construction site in
such a debris-free and orderly manner, the Architectural Committee, with the approval of
the Board of Directors, shall have the authority to levy reasonable fines of up to $100.00
per day per occurrence payable from the construction damage deposit. The Architectural
Committee shall first provide written notice to the Owner by first class mail describing the
construction debris issue. Upon failure by the Owner to cure the condition within ten (10)
days of the posting of the notice, the Architectural Committee may assess the fine and
withhold such monies from the construction damage deposit.
7. Pools. No above ground swimming pools are permitted. Architectural Committee
approval of all swimming pools is as follows:
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A. The Owner must demonstrate compliance with all County, State, and other
governmental legal requirements.
B. Plans submitted to the Architectural Committee must include: (a) pool size,
(b) placement of pool on Lot, (c) required safety fencing and (d) landscaping. All
swimming pools shall be consented to by any neighboring Owner whose line of
sight would be affected; such neighboring Owner(s) shall evidence their consent in
writing.
C. The signed plans must then be presented to the Architectural Committee for final
approval.
D. Construction of pool to be completed within sixty (60) days. Extensions may be
granted at discretion of the Architectural Committee.
E. Any debris or mud deposited on a Subdivision street as a result of construction must
be removed and the street returned to preconstruction condition at Owner’s
expense.
8. Sheds. Any Owner wishing to construct, erect, or otherwise maintain a shed must:
A. Have a completed residence on the Lot prior to construction of a shed.
B. The exterior of the shed must conform to building materials and colors of residence.
C. The location of the shed shall be submitted to any adjacent Owners whose line of
sight would be affected, and such Owners shall have a period of no less than
fourteen (14) to submit comments to the Architectural Committee before the
Architectural Committee makes any determination on the approval of the shed.
D. After submittal of the signed plans to all adjacent Owners whose line of sight would
be affected, the signed plans must then be presented to the Architectural Committee
for final approval, which approval may not be given sooner than fourteen (14) days
after submittal of the signed plans. The Architectural Committee shall consider
comments from any adjacent Owners whose line of sight would be affected.
9. Yard Structures. Any yard structure, including but not limited to, solar panels, swings,
slides, forts, water features, gazebos, shall be constructed only after obtaining the signed
approval of the Architectural Committee. The Architectural Committee may issue its
approval only after adjacent Owners whose line of sight would be affected have been given
written notice of such proposed yard structure and not less than fourteen (14) days to
provide comments to the Architectural Committee. The placement of solar panels must
take into consideration the affect glare may have on other Owners. Additional screening
or landscaping may be necessary. Color of yard structures should be in accordance with
the Association’s architectural guidelines. The signed plans must then be presented to the
Architectural Committee for final approval.
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VI. ARTICLE VI: OWNER EDUCATION
In compliance with C.R.S. § 38-33.3-209.7, the Association hereby adopts a policy
regarding owner education.
1. The Association shall provide, or cause to be provided, education to
Members at no cost on at least an annual basis as to the general operations of the Association and
the rights and responsibilities of Members, the Association, and its Board under Colorado law.
2. The Board has determined that any or all of the following actions shall
constitute compliance with such statutory education requirements:
A. Making available a copy of the Colorado Common Interest
Ownership Act “CCIOA” at the property management firm.
B. Upon Owner request, providing a copy of the CCIOA provisions at
no charge to the Owner.
VII. ARTICLE VII: PUBLIC DISCLOSURES
In compliance with C.R.S. § 38-33.3-209.4, the Association hereby adopts a written policy
regarding public disclosures.
1. The Association shall make all information required by C.R.S. § 38-33.3-
209.4 available to all Owners at no charge to Owners.
2. The Association may use any or all of the following methods and means of
disclosure in compliance with this policy:
A. Posting the information on an Internet web page with accompanying
notice of the web address to the Owners.
B. Maintenance of a literature table or binder at the Association’s
property management firm.
C. U.S. mail.
D. Personal delivery.
3. The cost of such distribution shall be accounted for as a common expense
liability.
VIII. ARTICLE VIII: MEETINGS
In compliance with C.R.S. § 38-33.3-308 and to supplement the Association’s Bylaws, the
Association hereby adopts a written policy regarding meetings.
1. Notice. Notice of any meeting of the Owners shall be physically posted in
a conspicuous place, in addition to any electronic posting or electronic mail notices that may be
15
given. At least twenty-four (24) hours prior to the meeting, the Association shall provide notice
of all regular and special meetings of Owners by e-mail to all Owners who have requested such
notice and who have furnished the Association with their e-mail addresses.
2. Attendance. All regular and special meetings of the Association’s Board or
any committee thereof shall be open to all Owners or their representatives. Agendas for meetings
of the Board shall be made reasonably available for examination by Owners or representatives
prior to said meetings, whenever reasonably possible.
3. Comment. At an appropriate time determined by the Board, but before the
Board votes on an issue under discussion, Owners or their designated representatives shall be
permitted to speak regarding that issue.
A. The Board may place reasonable time restrictions on persons
speaking during the meeting.
B. If more than one (1) person desires to address an issue and there are
opposing views, the Board shall provide for a reasonable number of persons to speak on each side
of the issue.
4. Executive Session. The members of the Board or any committee thereof
may hold an executive or closed-door session and may restrict attendance to Board members and
any other persons requested by the Board during a regular or specially announced meeting or a
part thereof.
A. The matters to be discussed at an executive session shall be limited
to the matters enumerated in C.R.S. § 38-33.3-308(4).
B. Prior to the executive session, the chair of the Board of committee
thereof shall announce the general matter of discussion at the session.
C. The minutes of all meetings at which an executive session was held
shall indicate that an executive session was held and the general subject matter of the executive
session.
5. Rules and Regulations. A rule or regulation may be validly adopted only
during a regular or special meeting open to all Owners and not during an executive session.
IX. ARTICLE IX: NOXIOUS WEED CONTROL
The Association is committed to protecting the native plant communities within the
Whitecloud Ridge Subdivision and recognizes that noxious weed control is best achieved by
raising homeowner awareness through education, suppressing, and eradicating existing noxious
weed populations, and preventing further spread of noxious weed growth into future areas. Private
property in Colorado is subject to the Colorado Noxious Weed Act, which mandates, among other
provisions, that “is the duty of all persons to use integrated methods to manage noxious weeds if
the same are likely to be materially damaging to the land of neighboring landowners.” C.R.S. § 35-
5.5-104. Noxious weeds that have established as a result of a site disturbance or are present in the
16
“natural area” of the landscape are required to be managed under a program of control. This
requirement extends to undeveloped Lots in the Whitecloud Ridge Subdivision. Any Owner that
fails to control noxious weeds on their Lot will be notified by the Association. The Owner shall
have two (2) weeks to undertake appropriate weed eradication efforts. Failure of an Owner to
adequately control weeds on a Lot may result in notice being given by the Association to the
appropriate regulatory authority. The Association may also impose fines on an Owner in
accordance with Article III of these Rules and Regulations for non-compliance with a notice to
eradicate noxious weeds.
The state Agricultural Commissioner’s office maintains lists of noxious plants divided
according to the following: List A – species new or not yet present in the state but proven threats
to surrounding states; List B – species more common and widespread; and List C – species so
numerous and common that the goal is containment to present boundaries. Information on
identification and containment of noxious weeds is available from on the Colorado Department of
Agriculture website.
X. ARTICLE X: IRRIGATION COMPANY SHARES
1. Association’s Ownership in the Missouri Heights-Mountain Meadow Irrigation Company.
The Association owns 150 shares of Class A stock and 270 shares of Class B stock (the
“Irrigation Company Shares”) in the Missouri Heights-Mountain Meadow Irrigation
Company (“MHMMIC”). Water available under the Irrigation Company Shares is
authorized for irrigation use within the Whitecloud Ridge Subdivision. The quantity of
water available under the Irrigation Company Shares may vary from year-to-year; in dry
years, there may be no water available for delivery under the Irrigation Shares.
2. Allocation of Water Available Under the Irrigation Company Shares. Water available
under the Association’s Shares is allocated to each Lot as described in the following table,
provided that the Association does not guarantee the delivery of any quantity of water
available under the Irrigation Company Shares to any Lot.
Lot
Allocation of Water
Available Under the
Association’s Shares
1 2.5%
2 2.5%
3 2.5%
4 2.5%
5 5.0%
6 5.0%
7 5.0%
8 2.5%
9 2.5%
10 7.0%
11 18.0%
17
12 21.0%
13 21.5%
14 2.5%
3. Irrigation Water Assessments. The Association shall assess fees for irrigation water to
cover expenses associated with the operation, maintenance and repair of the irrigation
delivery infrastructure and to cover annual Irrigation Company assessments. Such fees
shall be assessed in accordance with the Association’s Bylaws.
XI. ARTICLE XI: MISCELLANEOUS PROVISIONS
1. Restrictions on Aircraft. No aircraft larger than three feet in length and 3 feet in width are
permitted to be operated on the Whitecloud Ridge Subdivision.
2. Leasing of Lots. “Leasing,” for purposes of these Rules and Regulations, means regular,
exclusive occupancy or a Lot, dwelling, structure, improvement, or any portion thereof, by
any person other than the Owner, for which the Owner receives any consideration of
benefit, including rental payments, other fees or charges, services, or gratuities. All such
leases must be in writing and specifically state that such lease is subject to the Declaration,
the Bylaws, and these Rules and Regulations, and any failure of a tenant to comply
therewith will be a default under the lease. The Owner shall be liable for any violation of
the Declaration, Bylaws, or Rules and Regulations committed by such Owner’s tenant. The
Owner must make available to each tenant copies of the Declaration, Bylaws, and Rules
and Regulations. No lease or other right to occupy a Lot, dwelling, structure, improvement,
or any portion thereof or any portion of the Whitecloud Ridge Subdivision shall have a
duration that is shorter than 90 days; provided, however, that a lease for an ADU may be
for fewer than 90 days.
3. Marijuana Grow Houses. No more than three (3) marijuana plants shall be grown on any
Lot at any single time. Any such plants shall be out of sight of all other Owners and shall
not create a nuisance, whether due to odors or otherwise, of any sort for other Owners.
18
EXHIBIT A
Legal Description of Non-Subdivision Property
A PARCEL OF LAND SITUATED IN THE SW1/4 AND THE W1/2SE1/4 OF SECTION 28, TOWNSHIP 7
SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE
OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 28, A GARFIELD COUNTY
SURVEYOR BRASS CAP IN PLACE; THENCE N 63 DEGREES 50'49" E A DISTANCE OF 1573.54
FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE SE1/4SW1/4 OF SAID SECTION 28;
THENCE N 03 DEGREES 23'54" E ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 44.97
FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF LEVITT LANE, THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY N 03 DEGREES 23'54" E
A DISTANCE OF 69.65 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID LEVITT LANE;
THENCE LEAVING SAID WESTERLY BOUNDARY S 62 DEGREES 14'46" W ALONG SAID
NORTHERLY BOUNDARY A DISTANCE OF 15.12 FEET; THENCE CONTINUING ALONG SAID
NORTHERLY BOUNDARY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
500.00 FEET AND A CENTRAL ANGLE OF 17 DEGREES 43'43", A DISTANCE OF 154.71 FEET
(CHORD BEARS S 71 DEGREES 06'37" W A DISTANCE OF 154.09 FEET); THENCE CONTINUING
ALONG SAID NORTHERLY BOUNDARY S 79 DEGREES 58'28" W A DISTANCE OF 155.83 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY ALONG THE ARC OF A CURVE TO
THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 68 DEGREES 26'41", A
DISTANCE OF 203.08 FEET (CHORD BEARS N 65 DEGREES 48'11" W A DISTANCE OF 191.22
FEET); THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY N 31 DEGREES 34'50" W A
DISTANCE OF 76.82 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE
OF 05 DEGREES 08'52", A DISTANCE OF 35.94 (CHORD BEARS N 34 DEGREES 09'16" W A
DISTANCE OF 35.93 FEET); THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY N 36
DEGREES 43'42" W A DISTANCE OF 100.68 FEET TO A POINT ON THE EASTERLY BOUNDARY OF
WHITECLOUD ROAD; THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG THE EASTERLY
BOUNDARY OF WHITECLOUD ROAD ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 17 DEGREES 47'49" A DISTANCE
OF 86.97 FEET (CHORD BEARS N 38 DEGREES 13'21" E A DISTANCE OF 86.62 FEET); THENCE
CONTINUING ALONG SAID EASTERLY BOUNDARY N 29 DEGREES 19'26" E A DISTANCE OF 99.23
FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY ALONG THE ARC OF A CURVE
TO THE RIGHT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 52 DEGREES
15'54" A DISTANCE OF 200.68 FEET (CHORD BEARS N 55 DEGREES 27'23" E 193.80 FEET);
THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY N 81 DEGREES 35'20" E A DISTANCE
OF 281.45 FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY ALONG THE ARC OF
A CURVE TO THE LEFT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 77
DEGREES 47'32" A DISTANCE OF 162.93 FEET (CHORD BEARS N 42 DEGREES 41'34" E A
DISTANCE OF 150.70 FEET); THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY N 03
DEGREES 23'54" E A DISTANCE OF 105.57 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY
S 89 DEGREES 45'54" E A DISTANCE OF 603.84 FEET; THENCE N 69 DEGREES 11'09" E A
DISTANCE OF 876.78 FEET TO A POINT ON THE CENTERLINE OF HARMONY LANE; THENCE THE
FOLLOWING THIRTEEN (13) COURSES ALONG SAID CENTERLINE:
1. S 00 DEGREES 34'25" W A DISTANCE OF 226.26 FEET
2. S 02 DEGREES 28'40" E A DISTANCE OF 91.04 FEET
3. S 06 DEGREES 19'45" E A DISTANCE OF 119.31 FEET
4. N 89 DEGREES 44'08' W A DISTANCE OF 5.95 FEET
5. S 01 DEGREES 14'48" E A DISTANCE OF 280.78 FEET
6. S 02 DEGREES 01'27" W A DISTANCE OF 115.18 FEET
7. S 00 DEGREES 39'06" W A DISTANCE OF 148.53 FEET
8. S 01 DEGREES 44'55" E A DISTANCE OF 133.99 FEET
19
9. S 04 DEGREES 29'01" E A DISTANCE OF 106.53 FEET
10. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1475.00 FEET AND A
CENTRAL ANGLE OF 03 DEGREES 53'15" A DISTANCE OF 100.08 FEET (CHORD BEARS S 06
DEGREES 25'38" E A DISTANCE OF 100.06 FEET)
11. S 08 DEGREES 22'15" E A DISTANCE OF 67.98 FEET
12. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 126.84 FEET AND A
CENTRAL ANGLE OF 43 DEGREES 01'03", A DISTANCE OF 95.23 FEET (CHORD BEARS S 13
DEGREES 08'18" W A DISTANCE OF 93.01 FEET)
13. S 38 DEGREES 11'47" W A DISTANCE OF 18.82 FEET
THENCE LEAVING SAID CENTERLINE S 89 DEGREES 43'12" W A DISTANCE OF 30.74 FEET;
THENCE N 01 DEGREES 52'30" E A DISTANCE OF 329.19 FEET; THENCE N 89 DEGREES 58'25" W
A DISTANCE OF 110.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE GLEN
SUBDIVISION EXEMPTION; THENCE N 02 DEGREES 06'23" E ALONG SAID EASTERLY BOUNDARY
A DISTANCE OF 49.20 FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION EXEMPTION;
THENCE S 89 DEGREES 56'49" W ALONG THE NORTHERLY BOUNDARY OF SAID SUBDIVISION
EXEMPTION A DISTANCE OF 677.27 FEET TO THE NORTHWEST CORNER OF SAID SUBDIVISION
EXEMPTION; THENCE S 02 DEGREES 39'45" W ALONG THE WESTERLY BOUNDARY OF SAID
SUBDIVISION EXEMPTION A DISTANCE OF 682.91 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID SECTION 28; THENCE S 89 DEGREES 39'09" W ALONG SAID SOUTHERLY
BOUNDARY A DISTANCE OF 503.16 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY N 00
DEGREES 00'00" W A DISTANCE OF 30.00 FEET; THENCE N 89 DEGREES 39'09" E A DISTANCE
OF 425.10 FEET; THENCE N 00 DEGREES 00'00" W A DISTANCE OF 59.07 FEET; THENCE N 41
DEGREES 24'02' W A DISTANCE OF 642.79 FEET; THENCE N 00 DEGREES 00'00" W A DISTANCE
OF 83.42 FEET; THENCE N 49 DEGREES 45'04" E A DISTANCE OF 99.80 FEET; THENCE N 00
DEGREES 06'30" W A DISTANCE OF 76.47 FEET; THENCE N 40 DEGREES 28'34" W A DISTANCE
OF 69.78 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF AN ACCESS AND UTILITY
EASEMENT; THENCE S 49 DEGREES 31'26" W ALONG SAID SOUTHERLY BOUNDARY A
DISTANCE OF 97.08 FEET; THENCE CONTINUING ALONG SAID BOUNDARY ALONG THE ARC OF
A CURVE TO THE RIGHT HAVING A RADIUS OF 330.00 FEET AND A CENTRAL ANGLE OF 12
DEGREES 43'20", A DISTANCE OF 73.27 FEET (CHORD BEARS S 55 DEGREES 53'06" W A
DISTANCE OF 73.12 FEET); THENCE CONTINUING ALONG SAID BOUNDARY S 62 DEGREES
14'46" W A DISTANCE OF 17.93 FEET; THENCE CONTINUING ALONG SAID BOUNDARY ALONG
THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 560.00 FEET AND A CENTRAL
ANGLE OF 02 DEGREES 08'23", A DISTANCE OF 20.91 FEET (CHORD BEARS S 63 DEGREES
18'58" W A DISTANCE OF 20.91 FEET) TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
Parcel/Lot
Dwelling
Units
Lawn and
Garden
Area Livestock Jan Feb March April May June July Aug Sept Oct Nov Dec Total Total
(square feet)(gal)(gal)(gal)(gal)(gal)(gal)(gal)(gal)(gal)(gal)(gal)(gal)(gal)(AF)
1 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
2 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
3 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
4 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
5 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
6 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
7 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
8 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
9 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
10 1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
11 1 1,500 2 12,000 12,000 12,000 15,000 30,000 30,000 30,000 30,000 30,000 12,000 12,000 12,000 237,000 0.73
12 2 1,500 2 22,830 22,830 22,830 23,830 36,000 36,000 36,000 36,000 36,000 25,430 22,830 22,830 343,410 1.05
13 2 1,500 2 22,830 22,830 22,830 23,830 36,000 36,000 36,000 36,000 36,000 25,430 22,830 22,830 343,410 1.05
C(14)1 1,500 10,500 10,500 10,500 11,000 25,000 25,000 25,000 25,000 25,000 11,800 10,500 10,500 200,300 0.61
D 7 10,500 6 77,160 77,160 77,160 80,660 120,330 120,330 120,330 120,330 120,330 86,260 77,160 77,160 1,154,370 3.54
Open Space 0 21,780 6,500 20,000 20,000 20,000 20,000 20,000 6,500 113,000 0.35
Total 23 53,280 12 250,320 250,320 250,320 270,820 517,330 517,330 517,330 517,330 517,330 285,420 250,320 250,320 4,394,490 13.49
Total (AF)0.77 0.77 0.77 0.83 1.59 1.59 1.59 1.59 1.59 0.88 0.77 0.77 13.49
EXHIBIT B - Water Allocation
Whitecloud HOA Potable Water System Monthly Allocation
21650 LRE WATER
20
MJE
February 2, 2022
21
EXHIBIT C
Water Charges
For any amount of potable water provided to a Lot in excess of the monthly allocation
amounts set forth in Exhibit B to these Rules, Regulations & Policies, the following charges shall
apply:
a.For the first 1,000 gallons in excess of the Lot’s potable water allocation: $200.00
(the “Tier One Rate”);
b.For the second through fifth 1,000 gallons in excess of the Lot’s potable water
allocation: $300.00 per 1,000 gallons (the “Tier Two Rate”); and
c.For the sixth and each subsequent 1,000 gallons in excess of the Lot’s water
allocation: $400.00 per 1,000 gallons (the “Tier Three Rate”).
These charges shall be imposed at the Board’s discretion. If there are mitigating circumstances
beyond the Owner’s control, the charges may be waived or reduced by the Board.
17915125_v11
107
Geotechnical Study and Lot Specific OWTS Designs
HEPWORTH-PAWLAK GEOTECHNICAL, INC. 5020 Road 154
Glenwood Springs, CO 81601
Fax 970 945-8454
Phone 970 945-7988
PRELIMINARY GEOTECHNICAL STUDY
PROPOSED LEVITT SUBDIVISION
SOUTH OF FENDER LANE AND WEST OF
HARMONY LANE, GARFIELD COUNTY, COLORADO
JOB NO. 195 524
December 29, 1995
PREPARED FOR:
THOMAS LEVITT
P.O. BOX 414740
KANSAS CITY, MISSOURI 64141
HEPWORTH-PAWLAK GEOTECHNICAL, INC.
December 29, 1995
Thomas Levitt
P.O. Box 414740
Kansas City, Missouri 64141
502( Road 154
Glenwood Springs, CO 81601
fax 970 945-8454
Phone 970 945-7988
Job No. 195 524
Subject: Preliminary Geotechnical Study, Proposed Levitt Subdivision, South of
Fender Lane and West of Harmony Lane, Garfield County, Colorado
Gentlemen:
As requested, we have conducted a geotechnical study for the proposed subdivision at
the subject site.
The property is suitable for the proposed development, based on geotechnical
conditions. It should be possible to construct single family residences on the thirteen
proposed lots, without encountering unusual problems associated with the site geology, if
the steeply sloping areas are avoided. The residences shouid be designed to withstand
moderate levels of earthquake related ground shaking.
Subsurface conditions encountered in the exploratory pits excavated in the general
development area consist primarily of sandy silts and clays overlying dense silty sand
and gravel with basalt fragments. Groundwater was not encountered in the pits and the
soils were moist.
Spread footings placed on the natural subsoils and designed for an allowable bearing
pressure of 2,000 psf to 4,000 psf appear suitable for support of single family
residences.
The report which follows describes our investigation, summarizes our findings, and
presents our recommendations suitable for planning and preliminary design. It is
important that we provide consultation during design, and field services during
construction, to review and monitor the implementation of the geotechnical
recommendations.
If you have any questions regarding this report, please contact us.
Sincerely,
HEPWORTH-PAWLAK GEOTECHNICAL, INC.
Daniel E. Hardin, P.E.
Rev. By: SLP
DEH/kmk
cc: Land Design Partnership - Attn: Ron Liston