HomeMy WebLinkAbout110482403950 04/17/2026 02:30:02 PM
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r9 Candace Rivera Clerk/Recorder, Pueblo County, Cc
ORDINANCE NO. 11048
AN ORDINANCE APPROVING THE TOWNHOMES AT RIVER'S
RUN, A SPECIAL AREA PLAN
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Townhomes at River's Run, A Special Area Plan, being a subdivision
of land legally described as:
LOT 1, BLOCK 1, RIVER'S RUN 1ST AMENDMENT, AS RECORDED UNDER RECEPTION
NUMBER 2323042 AND RIVER'S RUN SUBDIVISION REARRANGEMENT OF PROPERTY
BOUNDARIES RPB-22-01 AS RECORDED UNDER RECEPTION NUMBER 2323048,
RECORDS OF PUEBLO COUNTY, COLORADO, BEING A PORTION OF THE SOUTHEAST
QUARTER OF SECTION 31 AND A PORTION OF THE SOUTHWEST QUARTER OF SECTION
32, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY
OF PUEBLO, PUEBLO COUNTY, COLORADO.
CONTAINING A TOTAL CALCULATED AREA OF 408,783 SQUARE FEET OR 9.384 ACRES
attached hereto, is hereby approved. All dedicated streets, utility and drainage easements, rights -
of -way and land set aside for public sites, parks and open spaces shown and dedicated on said
plat are hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights -of -way, utility and drainage easements,
public sites, parks and open spaces by the City does not obligate the City to maintain or repair
same until such streets, rights -of -way, utility and drainage easements, public sites, parks and
open spaces have been constructed and installed in compliance and in accordance with the
requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended
and any agreement entered into pursuant thereto.
SECTION 3.
Neither the adoption of this Ordinance nor the requirements imposed hereby shall create
any duty or obligation of any person, firm, corporation, or other entity with regard to the
enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and
regulations. No person, firm, corporation or other entity shall have any private right of action, claim
or demand against the City or its officers, employees or agents, for any injury, damage or liability
arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this
Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering,
surveying, drainage improvement or other work or improvements required thereby. Nothing in this
Ordinance or in the City's subdivision Ordinances and regulations shall create or be construed to
create any claim, demand or liability against the City or its officers, employees or agents, or to
waive any of the immunities, limitations on liability, or other provisions of the Colorado
Governmental Immunity Act, Section 24-10-101, et seq. Colorado Revised Statutes, or to waive any
immunities or limitations on liability otherwise available to the City or its officers, employees or
agents.
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SECTION 4.
2403950 04/17/2026 02:30:02 PM
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Candace Rivera Clerk/Recorder, Pueblo County, Cc
'III K,�1 's'i iVL11FAIRI I'i.'A 1111
The officers and staff of the City are authorized and to perform any and all acts consistent
with the intent of the Ordinance to implement the policies and procedures described herein.
SECTION 5.
This Ordinance shall be approved upon final passage but shall not become effective until:
(a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of
the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City
with such modifications, if any, approved by City Council, have been filed with and approved by
the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the
Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant
to Section 12-4-5(b)(2) of the Pueblo Municipal Code and are not for any reason filed and
approved within one (1) year after final passage of this Ordinance, or within any extended period
granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and
repealed thirty (30) days after written notice of such rescission and repeal is given to the
Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance
becomes effective.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
* # M
Introduced and initial adoption of Ordinance by City Council on September 22, 2025.
Final adoption of Ordinance by City Council on October 14, 2025. DocuSigned by:
Quff
President of City dIir'cij „
❑ Approved on 1011 /202 1 10:50 AM MDT
❑ Disapproved on based on the following objections:
Mayor
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Candace Rivera Clerk/Recorder, Pueblo County, Cc
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of , on
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST DocuSigned by:
1
City Clerk
City Clerk's Office Item # R1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: October 14, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Beritt Odom, Director Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING THE TOWNHOMES AT RIVER'S RUN, A
SPECIAL AREA PLAN
SUMMARY:
The applicant is requesting to subdivide 9.384-acres into a 133-townhome lot
development to include private streets, parcels for pedestrian circulation, drainage,
parking, landscaping, dumpster enclosures, clubhouse, swimming pool and mail kiosks.
PREVIOUS COUNCIL ACTION:
st
Amendment by
Ordinance No. 10193. (S-22-01)
Special Area Plan. (SAP-24-02)
BACKGROUND:
The subject property is a re-
Amendment, which is located north of Portland Avenue and west of South Norwood
Avenue. The proposed subdivision divides the property into 133 townhome lots, multiple
parcels for common area, sidewalks, landscaping, refuse, mail kiosks, clubhouse,
swimming pool, and private streets that will be owned, developed and maintained by the
Rivers Run Flats Homeowners Association, Inc. A Special Area Plan is proposed for this
subdivision to allow for the unique development of private streets and attached
townhomes on individual lots, which do not meet the minimum standards for single-family
residences in a R-5 Zone District. Each townhome will be located on an individual lot and
will have a one car garage that is accessed from the private street. The townhome units
located at each end of the four-unit structure will have an additional surface parking
space complete with curb stop, in addition to the 18-foot-long driveway. The two middle
units only have a one-car garage and 18-foot-long driveway. All townhomes will have a
small fenced private yard which fronts onto a pedestrian path, located within parcels,
providing pedestrian circulation throughout the development. The proposed
development also includes drainage and detention parcels that will be landscaped.
Approximately 18 visitor parking spaces will be provided throughout the proposed
development, with seven spaces provided adjacent to the proposed clubhouse and
swimming pool. An additional 10 visitor parking spaces will be provided within Block 2 of
the subdivision, east of Rivers Run Avenue. Landscaping will be provided along the
entire periphery of the development. The proposed development is in an R-5, Multiple
Residential and Office Zone District, which requires a minimum lot width of 50 feet for
single-family homes but does not provide minimum standards for single-family attached
townhomes located on individual lots; therefore the applicant is seeking a Special Area
Plan to allow for unique development of attached homes on narrow lots as allowed by
Section 17-4-29,
proposed subdivision is located less than a quarter mile from the 2.8-acre park in the
and swimming pool, park land dedication is not critical, and a cash payment in lieu of
public park dedication is appropriate.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their December 11, 2024 Regular Meeting,
voted 5-0 to recommend approval, Commissioners Pasternak and Maestri absent.
STAKEHOLDER PROCESS:
The Planning Department sent out Notice of the Planning and Zoning Commission Public
Hearing to all property owners located within 300 feet of the subject property.
ALTERNATIVES:
If City Council does not approve this Ordinance, the site will not be resubdivided which
will impede development of the site.
Upon request of City Council, the Ordinance could be returned to the Planning and
Zoning Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. S-24-06 Attachments
ORDINANCE NO.11048
AN ORDINANCE APPROVING THE TOWNHOMES AT RIVER'S
RUN, A SPECIAL AREA PLAN
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Special Area Plan, being a subdivision
of land legally described as:
LOT 1, BLOCK 1, RIVER'S RUN 1ST AMENDMENT, AS RECORDED UNDER RECEPTION
NUMBER 2323042 AND RIVER'S RUN SUBDIVISION REARRANGEMENT OF PROPERTY
BOUNDARIES RPB-22-01 AS RECORDED UNDER RECEPTION NUMBER 2323048,
RECORDS OF PUEBLO COUNTY, COLORADO, BEING A PORTION OF THE SOUTHEAST
QUARTER OF SECTION 31 AND A PORTION OF THE SOUTHWEST QUARTER OF SECTION
32, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY
OF PUEBLO, PUEBLO COUNTY, COLORADO.
CONTAINING A TOTAL CALCULATED AREA OF 408,783 SQUARE FEET OR 9.384 ACRES
attached hereto, is hereby approved. All dedicated streets, utility and drainage easements, rights-
of-way and land set aside for public sites, parks and open spaces shown and dedicated on said
plat are hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights-of-way, utility and drainage easements,
public sites, parks and open spaces by the City does not obligate the City to maintain or repair
same until such streets, rights-of-way, utility and drainage easements, public sites, parks and
open spaces have been constructed and installed in compliance and in accordance with the
requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended
and any agreement entered into pursuant thereto.
SECTION 3.
Neither the adoption of this Ordinance nor the requirements imposed hereby shall create
any duty or obligation of any person, firm, corporation, or other entity with regard to the
dinances and
regulations. No person, firm, corporation or other entity shall have any private right of action, claim
or demand against the City or its officers, employees or agents, for any injury, damage or liability
arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this
Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering,
surveying, drainage improvement or other work or improvements required thereby. Nothing in this
Ordinance or
create any claim, demand or liability against the City or its officers, employees or agents, or to
waive any of the immunities, limitations on liability, or other provisions of the Colorado
Governmental Immunity Act, Section 24-l0-l0l, et seq. Colorado Revised Statutes, or to waive any
immunities or limitations on liability otherwise available to the City or its officers, employees or
agents.
SECTION 4.
The officers and staff of the City are authorized and to perform any and all acts consistent
with the intent of the Ordinance to implement the policies and procedures described herein.
SECTION 5.
This Ordinance shall be approved upon final passage but shall not become effective until:
(a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of
the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City
with such modifications, if any, approved by City Council, have been filed with and approved by
the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the
Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant
to Section 12-4-5(b)(2) of the Pueblo Municipal Code and are not for any reason filed and
approved within one (1) year after final passage of this Ordinance, or within any extended period
granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and
repealed thirty (30) days after written notice of such rescission and repeal is given to the
Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance
becomes effective.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on September 22, 2025.
Final adoption of Ordinance by City Council on October 14, 2025.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
Disapproved on ______________ based on the following objections:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________
Mayor
Action by City Council After Disapproval by the Mayor:
Council did not act to override the Mayor's veto.
Ordinance re-adopted on a vote of ____________, on _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk
MINUTES OF REGULAR MEETING
The meeting was called to order at 3:33 PM with Chairman Mike Castellucci presiding.
Public Hearings
4. S-24-06 Subdivision:
9.384 acres, generally located north of S. Portland Ave. and west of S. Norwood
Ave., into townhome lots and parcels. Staff Report by Beritt Odom, Principal
Planner.
Hearing: Applicant Aaron Haaga was sworn in and spoke in support
of the application. Chuck Roy, Deputy Director / Interim Traffic
Engineer, Public Works provided information and answered
questions. No one appeared in opposition.
Commission Action: Bailey moved to recommend the subdivision
application to City Council with staff conditions, seconded by
Avalos.
Motion Passed: 5-0
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM
TO: Beritt Odom, Director Planning and Community Development
CC:Michelle Cruz, Administrative Technician
Subdivision File
FROM: Joe Martellaro, Associate Engineer II
SUBJECT:S-24-06Townhomes at River’s Run Subdivision, a Special Area Plan
SAP-24-02 Townhomes at River’s Run, a Special Area Plan
DATE:September 3, 2025
Please place the above referenced submittal on the City Council Agenda.
S-24-06
TO:
City of Pueblo, Planning and Zoning Commission
FROM:
Beritt Odom, Principal Planner
THROUGH:Scott Hobson,Acting Director of Planning and Community Development
DATE: December 11, 2024
SUBJECT:
Townhomes at River’s Run, A Special Area Plan
APPLICANT: Edward Fisher, Edward-James, Surveying
PROPERTY OWNER: Aaron Haaga, Legends Subdivision, LLC
LOCATION:Generally located north of Portland Ave. and west of S. Norwood Ave.
EXISTING ZONE:R-5, Multiple Residential and Office District
CONCURRENT
SAP-24-02: Townhomes at River’s Run, A Special Area Plan
REQUESTS:
REQUEST:
The applicant is requesting to subdivide 9.384-acres into 133 townhome lots, private streets, parcels for
pedestrian circulation, drainage, parking, landscaping, dumpster enclosures, clubhouse, swimming pool and
mail kiosks.
STAFF REVIEW AND FINDINGS:
st
The subject property is a re-subdivision of Lot 1, Block 1, River’s Run Subdivision, 1 Amendment, which is
located north of Portland Ave. and west of S. Norwood Ave. The proposed subdivision divides the property into
133 townhome lots, multiple parcels for common area, sidewalks, landscaping, refuse, mail kiosks, clubhouse,
swimming pool, and private streets that will be owned, developed and maintained by the Rivers Run Flats
Homeowners Association, Inc. A Special Area Plan is proposed for this subdivision to allow for the unique
development of private streets and attached townhomes on individual lots, which do not meet the minimum
standards for single-family residences in a R-5 Zone District. Each townhome will be located on an individual lot
and will have a one car garage that is accessed from the private street. The townhome units located at each end
of the four-unit structure will have an additional surface parking space complete with curb stop, in addition to the
18-foot-long driveway. The two middle units only have a one-car garage and 18-foot-long driveway. All
townhomes will have a small fenced private yard which fronts onto a pedestrian path, located within parcels,
providing pedestrian circulation throughout the development. The proposed development also includes drainage
and detention parcels that will be landscaped,
Approximately 18 visitor parking spaces will be provided throughout the proposed development, with seven
spaces provided adjacent to the proposed clubhouse and swimming pool. An additional 10 visitor parking spaces
will be provided within Block 2 of the subdivision, east of Rivers Run Avenue. Landscaping will be provided
along the entire periphery of the development. Residents will have the ability to utilize the dedicated publi park
that is located within the northeastern portion of the Rivers Run Subdivision, which is located less than a quarter
of a mile from the proposed development.
Planning & Zoning Commission
S-24-06
Page 2
The proposed development is located in a R-5, Multiple Residential and Office Zone District, which requires a
minimum lot width of 50 feet for single-family homes but does not provide minimum standards for single-family
attached townhomes located on individual lots. Section 17-4-29, of the Pueblo Municipal Code states, in any
zone district after or in conjunction with approval of a subdivision plan, ASpecial Area Plan may be submitted
to the Planning and Zoning Commission for unique planning and development, which may allow for exceptions
to minimum setbacks and lot width and depth requirements for each building, with consideration for the protection
of public health, safety, and general welfare. Therefore, the applicant is requesting approval of the proposed
Special Area Plan in conjunction with the approval of the Townhomes at River’s Run, A Special Area Plan
Subdivision. A detailed discussion of the SAP provisions isincluded in the SAP-24-02, Townhomes at River’s
Run a Special Area Plan staff report.
The approved 2004 River’s Run Master Development Plan identified a public park located in the northeast corner
of the overall River’s Run Development, which was dedicated with the first filing subdivision in 2005. The
original subdivision and Overall Development Plan designated the subject project area for commercial/industrial
uses, which do not require park dedication at the time of subdivision. In 2022 the Planning and Zoning
Commission approved a deviation from the Overall Development Plan and approved a rezoning of the subject
property from B-P and B-2 to R5 to facilitate high density residential development. Section 12-4-7, (e), (1), of
the Pueblo Municipal Code, requires the residential subdivider to dedicate eight percent of the land area, exclusive
of street widths, for parks. Section 12-4-7, (e), (2), allows the subdivider to provide a cash payment in lieu of
land dedication if the Planning and Zoning Commission and City Council find that the location, arrangement or
size of the proposed subdivision is not appropriate for the dedication of eight percent of land area for public park.
It is staff’s opinion that because the proposed subdivision is located less than a quarter mile from the 2.8 acre park
in the River’s Run Subdivision and the proposed subdivision will provide a private clubhouse and swimming
pool, park land dedication is not critical and a cash payment in lieu of public park dedication is appropriate.
APPLICABLE REGULATIONS:
Sec. 17-4-1 through 6 of the Pueblo Municipal Code (PMC) concerning zone district regulations; Sec. 12-4-
6(b)(1) through (3) concerning the necessary information and supporting documents to be submitted for review
and required drawing to be recorded; and Sec. 12-4-7 concerning the minimum standards for all subdivisions.
ANALYSIS:
The proposed Subdivision conforms with the applicable Municipal Codes.
RECOMMENDED MOTION:The Subdivision Review Committee recommends the Planning and Zoning
Commission forward a recommendation that the requested Subdivision be APPROVED with the following
noted:
Requests for Modifications to Not Applicable
Requirements:
Request for Deferred Filings Not Applicable, Part II has been submitted
Plat Deficiencies: Not Applicable
Conditions of Approval: 1.The subdivider willwork with Parks Director, Steven Meier, to
(Unless otherwise noted, all determinethe amount ofpark dedication cash in lieu payment,
conditions of approval must be which shall be equal to eight percent of the fair market value of the
completed prior to the case
Planning & Zoning Commission
S-24-06
Page 3
being scheduled for City land in such subdivision, exclusive of street widths, valued as
Council hearing.) subdivided land in the intended zone district.
PLANNING AND COMMUNITY DEVELOPMENT COMMENTS
CHARACTER AND COMPATIBILITY:
Site Character:
The subject property is unimproved.
Neighborhood Compatibility:
North R-2, single-family homes and unimproved single-family
residential lots.
East I-3, Heavy Industrial: historic business records indicate
the site has been home to an auto body, auto detail and
contractor uses.
South Pueblo County I-3, unimproved
WestR-5, unimproved
Comprehensive Plan Compliance:
The project site is designated by the 2022 Pueblo Regional Comprehensive Plan as “Employment.” The
primary land uses include offices, light manufacturing, research and development, wholesaling, flex space,
and service centers. The proposed townhome development does not comply with the current future land
use designation as Employment; however, the subject property was rezoned for high density residential in
March of 2022, prior to the June adoption of the 2022 Comprehensive Plan.
At the time of rezoning to R-5, the subject property’s future land use designation was Special Development
Area, which required a Master Plan prior to development. The River’s Run Master Development Plan
was approved by the Planning and Zoning Commission in 2004. The Planning and Zoning Commission
and City Council approved the 2022 R-5 zoning for high density residential even though it deviated from
the River’s Run Master Development Plan designation for commercial/light industrial uses in the subject
area. Because of the prior entitlements, staff does not have any objections with the proposed re subdivision
and Special Area Plan, which will facilitate the proposed high density townhome development.
ABILITY TO COMPLY WITH THE ZONE DISTRICT REGULATIONS:
Minimum lot size and width:
The zoning code does not contain minimum lot area and width regulations for single-family attached
development in the R-5 Zone District. The code does require that all multifamily structures, in a R-5
Zone District, have a minimum lot area of 1,500 sq. ft. per dwelling unit but does not specify lot width.
Multifamily structures are defined by the Municipal Code as structures containing three or more
dwelling units. Since the majority of the proposed townhome structures are comprised of four
dwelling unit structureslocated on separate lots, applying the multifamily lot area code requirements
appears to be themost appropriate approach for review since thezoning regulations are ambiguous
for this type of development.
Planning & Zoning Commission
S-24-06
Page 4
Special Area Plans are intended to provide a mechanism for “unique development” allowing
deviations from minimum lot sizes, setbacks, lot width and depth, so long as the overall density is not
greater than if each individual parcel were built upon with a lot size conforming to the requirements
of the zone district. The proposed Townhomes at River’s Run Subdivision, A Special Area Plan,
proposes lot widths between 22 and 28 feet wide with a depth between 65 and 67 feet for the attached
townhome development. The 133-unit townhome development requires 199,500 sq. ft. of total lot
area for the use of the residents, according to the R-5 multifamily regulations. The entire subdivision,
which includes private lots, private streets, parcels for outdoor recreation and landscaping
improvements is approximately 408,783 sq. ft., which exceeds the minimum 199,500 sq. ft. land area
requirement. The total gross density is approximately 14.17 units per acre, and the development
provides approximately 3,073 sq. ft. of land area per dwelling unit which is within the prescribed R-5
maximum density for multifamily developments.
REFERRAL AGENCIES AND COMMENTS:
City Public Works-Comments addressed
City Transportation-No comment
City Law Department-No comment
Pueblo Regional Building Department-No comment
City Fire Department-No comment
Pueblo Board of Water Works-No comment
City Wastewater-No comment
City Stormwater-No comment
City Parks and Recreation Department-Cash in lieu of park dedication, email from Steven Meier, Parks
Director, December 4, 2024
City GIS-No comment
Xcel Energy-No comment
Black Hills Energy-No comment
CDOT-No comment
ATTACHMENTS:
A. Aerial Photograph
B.Zoning Map
C.Comprehensive Plan Map
D. Site Photographs
E.SRC Memo December 5, 2024
F. Subdivision Application
G. Subdivision Plat
H. Steven Meier email, December 4, 2024
Planning & Zoning Commission
S-24-06
Page 5
I.
ATTACHMENTS:
A. Aerial Photograph
B. Zoning Map
Planning & Zoning Commission
S-24-06
Page 6
C. Comprehensive Plan
Planning & Zoning Commission
S-24-06
Page 7
Attachment D. Site Photos
Townhomes At River’s Run, A Special Area Plan site looking northeast from S. Portland Ave. and S. Norwood
Ave
Townhomes at River’s Run, A Special Area Plan site looking northwest from S. Portland Ave. and
Rivers Run Ave.
MEMORANDUM
To: Planning and Zoning Commission
From: Subdivision Review Committee
Date: December 5, 2024
Subject: S-24-06 Townhomes at River’s Run, A Special Area Plan Subdivision
SAP-24-02 Townhomes at River’s Run, A Special Area Plan Subdivision
S-24-06
The Subdivision Review Committee recommends the Planning and Zoning Commission forward a
recommendation that the Townhomes at River’s Run Special Area Plan be APPROVED with the
following noted:
Requests for Modifications Not Applicable
to Requirements:
Request for Deferred Filings Not Applicable, Part II has been submitted
Plat Deficiencies: Not Applicable
Conditions of Approval:1. The subdivider will work with Parks Director, Steven Meier, to
(Unless otherwise noted, all determine the amount of park dedication cash in lieu payment,
conditions of approval must which shall be equal to eight percent of the fair market value
be completed prior to the case of the land in such subdivision, exclusive of street widths,
being scheduled for City valued as subdivided land in the intended zone district.
Council hearing.)
SAP-24-02
If the Planning and Zoning Commission makes the necessary findings of fact, a recommendation to City
Council that the requested Special Area Plan be approved, is appropriate with the following
recommended staff conditions. The proposed staff conditions must be addressed prior to City Council
review and approval:
1. Remove the graphics indicating a second surface parking space closest to Parcel F on the
following lots: 73, 77, 66, 62, 49, 53, 42, 38, 25, and 8. These parking spaces overlap the private
lot and pedestrian circulation parcel. These spaces are not wide enough to accommodate a
vehicle and cannot be considered parking spaces.
2. Amend the title on the Special Area Plan to match the Subdivision
From:Steven Meier
To:Beritt Odom
Subject:RE: S-24-02 and SAP-24-02 Town Homes at Rivers Run Special Area Plan 3rd Submittal Review
Date:Wednesday, December 4, 2024 11:50:43 AM
Attachments:image005.png
Yes, that will be sufficient since they are building and maintaining the parks in this
subdivision.
Steven Meier, Director
Parks and Recreation
800 Goodnight Ave
Pueblo, CO 81005
719-553-2790
Choose Pueblo, Click here!
From: Beritt Odom <bodom@pueblo.us>
Sent: Wednesday, December 4, 2024 8:16 AM
To: Steven Meier <smeier@pueblo.us>
Subject: FW: S-24-02 and SAP-24-02 Town Homes at Rivers Run Special Area Plan 3rd Submittal
Review
Steven,
Did you have a chance to review this subdivision? Would you like cash in lieu of parks? Info is
below.
Beritt Odom
Principal Planner
City of Pueblo
Planning and Community Development Department
211 E. D Street
Pueblo, CO 81003
Main (719) 553-2259
Direct (719) 553-2339
You are You are
for the approval of the following applications for the approval of the following applications
Please contact the planner listed below if you have questions. Please contact the planner listed below if you have questions.
Principal PlannerPrincipal Planner
family attached townhomes and private streets. family attached townhomes and private streets.
--
, in City Council Chambers, 1 City Hall Pl, Pueblo, CO. , in City Council Chambers, 1 City Hall Pl, Pueblo, CO.
2339
2339
-
-
02 02
--
06:2406:24
----
Beritt Odom, Beritt Odom,
3:30 p.m.3:30 p.m.
2424
--
(719) 553
SSAPSSAP
November 26, 2024 The City Planning and Zoning Commission will hold a public hearing on requests from Aaron Haaga, Legends Subdivision, LLC generally located north of S. Portland Ave.
and west of S. Norwood Ave. The Planning and Zoning Commission meeting will be held on December 11, 2024 at welcome to attend this public hearing and express your viewpoint concerning
this proposal. To review the plans and staff report for the proposed application, please visit prior to the hearing. Scott Hobson, Acting DirectorPlanning & Community DevelopmentBy
November 26, 2024 The City Planning and Zoning Commission will hold a public hearing on requests from Aaron Haaga, Legends Subdivision, LLC generally located north of S. Portland Ave.
and west of S. Norwood Ave. The Planning and Zoning Commission meeting will be held on December 11, 2024 at welcome to attend this public hearing and express your viewpoint concerning
this proposal. To review the plans and staff report for the proposed application, please visit prior to the hearing. Scott Hobson, Acting DirectorPlanning & Community DevelopmentBy
townhome lots and parcels. including singletownhome lots and parcels. including single
(719) 553
s
from
, 2024
s
You are You are
.
December 11
for the approval of the following applicationfor the approval of the following applications
and express your viewpoint concerning this
Director
Please contact the planner listed below if you have questions. Please contact the planner listed below if you have questions.
Principal PlannerPrincipal Planner
north of S. Portland Ave. and west of S. Norwood Ave.
,
family attached townhomes and private streets. family attached townhomes and private streets.
--
Acting
, in City Council Chambers, 1 City Hall Pl, Pueblo, CO, in City Council Chambers, 1 City Hall Pl, Pueblo, CO.
,
339
:
2
2339
-
-
02 02
:--
4
06206:24
eritt Odom
----
4
BBeritt Odom,
3:30 p.m.3:30 p.m.
224
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SSAPSSAP
November 26, 2024 The City Planning and Zoning Commission will hold a public hearing on requestAaron Haaga, Legends Subdivision, LLC generally locatedThe Planning and Zoning Commission
meeting will be held on at welcome to attend this public hearingproposal. To review the plans and staff report for the proposed application, please visit prior to the hearing. Scott
HobsonPlanning & Community DevelopmentBy (719) 553November 26, 2024 The City Planning and Zoning Commission will hold a public hearing on requests from Aaron Haaga, Legends Subdivision,
LLC generally located north of S. Portland Ave. and west of S. Norwood Ave. The Planning and Zoning Commission meeting will be held on December 11, 2024 at welcome to attend this public
hearing and express your viewpoint concerning this proposal. To review the plans and staff report for the proposed application, please visit prior to the hearing. Scott Hobson, Acting
DirectorPlanning & Community DevelopmentBy
townhome lots and parcels. including singletownhome lots and parcels. including single
(719) 553
CASE NUMBERS-24-06
CERTIFICATION
I hereby certify that I did this day cause written notice of the public hearing on the proposed final
plat of the property commonly known as Townhomes at RiversRunto be sent to the attached list
of owners of the real property lying within three hundred (300) feet of the said property on which
the final plat is proposed by depositing the same properly addressed and postage paid in the post
office, as set forth in the Code of Ordinances, Section 17-6-2.
11-21-24
______________________________
(Date)
PUEBLO PLANNING & ZONING COMMISSION
Mailed by CM
By
hǞƓĻƩhǞƓĻƩ{ƷƩĻĻhǞƓĻƩ/źƷǤhǞƓĻƩ{ƷğƷĻhǞƓĻƩźƦ
GIBSON DANIEL LEWIS813 S NORWOOD AVEPUEBLO WESTCO81001-4462
GRANADO FIDEL B JR1423 BREWERY RDPUEBLOCO81001-4435
BUNN ALPHONSO817 S NORWOOD AVEPUEBLOCO81001-4462
VILLARREAL ADRIAN/BREAZELL ALEXIS1427 BREWERY RDPUEBLOCO81001
MARIN ARTEMIO ANDRADE821 S NORWOOD AVEPUEBLOCO81001-4462
STECKI KELSEY RAYANNE/STECKI RENN1424 BREWERY RDPUEBLOCO81001
MEGYERI KEVIN SHANE1420 BREWERY RDPUEBLOCO81001
FELIX SABRINA/FELIX ANITA/FELIX1439 BREWERY RDPUEBLOCO81001-4435
MEGYERI KEVIN SHANE1640 SMOKE RIDGE DRCOLORADO SPRINGSCO80919-3486
LUNDBLADE JAMES1401 RIVERS RUN AVEPUEBLOCO81001
TISCHNER BRYAN / TISCHNER MARIANN4636 W BLACK ELK WAYWEST JORDANUT84088-2398
PACHECO LOZANO MIGUEL A/ PACHECO1431 BREWERY RDPUEBLOCO81001-4435
VILLANUEVA AREVALO CARLOS GUADALUP829 S NORWOOD AVEPUEBLOCO81001-4462
PRICE ADAM1436 BREWERY RDPUEBLOCO81001-4435
CHILLIS KEVIN/CHILLIS NADINE1413 RIVERS RUN AVEPUEBLOCO81001-4401
ALDRICH POLLUX JOSEPH/ORTIZ ALDRIC1428 BREWERY RDPUEBLOCO81001
LEGENDS SUBDIVISION LLC6375 S HIGHLAND DRSALT LAKE CITYUT84121-6561
VELA KRYSTAL M1432 RIVERS RUN AVEPUEBLOCO81001-4401
RALSTON DAKOTA J / HERNANDEZ SUNN1428 RIVERS RUN AVEPUEBLOCO81001
MORALES ISAAC/MORALES THAIS1424 RIVERS RUN AVEPUEBLOCO81001-4401
GUTIERREZ DANIEL1420 RIVERS RUN AVEPUEBLOCO81001-4401
ANDA MATTHEW / ANDA KAITLYN1410 RIVERS RUN AVEPUEBLOCO81001-4401
JENSEN KYLE T1406 RIVERS RUN AVEPUEBLOCO81001-4401
COMINS CHRISTINE J/LINDREN LORA L825 S NORWOOD AVEPUEBLOCO81001-4462
BARNHILL REGINALD1435 BREWERY RDPUEBLOCO81001-4435
LEGENDS SUBDIVISION LLC6375 S HIGHLAND DRSALT LAKE CITYUT84121-6561
SMITH JUSTIN1432 BREWERY RDPUEBLOCO81001-4435
TRAN JACKY11286 PALMERS GREEN DRPEYTONCO80831-8168
VOCKE ANTHONY / RIVAS VOCKE FATIM1402 RIVERS RUN AVEPUEBLOCO81001-4401
MILLER JUDITH MARIE/MILLER EDWARD1332 RIVERS RUN AVEPUEBLOCO81001
ARAGON PAUL L1000 S NORWOOD AVEPUEBLOCO81001-5516
FINN WILLIAM G/TAPIA BERDINE1504 GRENADILLO STPUEBLOCO81001-4516
LOPEZ CRYSTAL1502 GRENADILLO STPUEBLOCO81001-4516
GARCIA LORI A935 ELM STPUEBLOCO81004-2531
HARP LLC14183 E LAYTON DRAURORACO80015-1244
FEARN GARY RPO BOX 20368COLORADO CITYCO81019-2368
GONZALES GREGORIO/GONZALES ERNESTPO BOX 8806PUEBLOCO81008-8806
ESQUIVEL JAVIER A810 S NORWOOD AVEPUEBLOCO81001-4400
J B T N LLC1541 STOCKYARD RDPUEBLOCO81001-4537
ERA HOLDINGS II LLC1152 41ST LNPUEBLOCO81006-9315
2403952 04/17/2026 02:30:02 PM
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Candace Rivera Clerk/Recorder, Pueblo County, Cc
III PrAl WN1411"IM0200 Vmnloki 11111
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on Feb rcAck v ` I - , between the
CITY OF PUEBLO, a Municipal Corporation ("City"), and
("Subdivider")
RECITALS
WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land
located in the City and legally described in attached Exhibit "A"; and
WHEREAS, the Subdivider, as a condition of approval of the final plat of
The Townhomes at River's Run, A Special Area Plan
("Subdivision"), wishes to enter into this Subdivision Improvements Agreement as authorized by
Chapter 4, Title XII of the Pueblo Municipal Code; and
WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code
to construct and install public improvements described and set forth in Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by City Council
("Required Public Improvements"); and
WHEREAS, the Required Public Improvements are generally described in the attached
Exhibit "B" and shown on approved construction plans and documents on file in the office of the
City's Director of Public Works ("Plans and Documents").
WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is
obligated to provide security or collateral sufficient in the judgement of the Director of Public
Works to make reasonable provisions to construct and complete the Required Public
Improvements.
NOW, THEREFORE, in consideration of the foregoing and the following mutual
covenants and agreements, the City and Subdivider agree as follows:
Subdivider agrees within one hundred and eighty (180) days after applying for a
building permit to construct any building or structure on any building site within the
Subdivision, or upon the issuance of a certificate of occupancy for any such building
or structure, whichever occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
or with any bank or trust company licensed in the State of Colorado, subject to an
escrow agreement approved by the City Attorney. The holder of such cash or
24039152 04/17/2025 02:30:02 PM
Page: 2 of 10 R 43.00 D 0.00 T 43.00
Candace Rivera Clerk/Recorder, Pueblo Covnt`{, Cc
collateral shall pay all or any portion thereof to the City upon demand after the time
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit".
3. The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the cost of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000') feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted Required Public Improvements in at least one half (1/2) of such block,
and the required deposit shall be based upon such decreased estimate. The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter
at the mid -block point and barricade such street so that no through traffic shall be
permitted beyond the point to which the estimate of Director of Public Works is
based.
4. Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recent proposed site
and existing improvements.
In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner,
which debt shall be a lien upon all the land in the Subdivision and notice of lien may
be filed for record in the office of the County Clerk and Recorder at any time after
such default. Action upon such debt may be instituted by the City within six (6) years
from the date of filing such lien for record. All remedies provided for in this
agreement are cumulative and the use of one shall not prohibit the use of another.
6. Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the terms of the Agreement except the terms of Paragraph
7 below.
2403952 04/17/2026 02:30:02 PM
Page: 3 of 10 R 43.00 D 0.00 T 43.00
Candace Rivera Clerk/Recorder, Pueblo County, Cc
■III IFNIV! fiAll l'11115Vk.,hVi'HVIAW, I1! 111
7. As a condition of approval of this Subdivision, and to meet the requirements of
Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees
that no certificate of occupancy shall be issued by the Pueblo Regional Building
Department until the Required Public Improvements, or those improvements
necessary as determined by the City Director of Public Works, to totally serve
specific lot(s) or block(s) for which certificates of occupancy are sought, have been
properly designed, engineered, constructed and accepted as meeting the specifications
and standards of the City.
The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and
the restriction on the issuance of building permits contained in Paragraph 5 shall run
with the land and shall extend to and be binding upon the heirs, legal representatives,
successors, and assigns of the Subdivider and may be specifically enforced by the
City.
8. Acceptance of this Subdivision by the City does not constitute an acceptance of the
roads, parks and other public improvements for maintenance by the City. Until such
roads, parks, and other public improvements have been installed and meet the
requirements, standards, and specifications of the City, its Subdivision ordinances and
any applicable Parks Department specifications, and such are specifically approved
and accepted in writing by the City Director of Public Works, and, if appropriate, the
City Director of Parks and Recreation, the maintenance, construction, and all other
matters pertaining to or affecting said roads, parks and other public improvements
and rights -of -way are the sole responsibility of the Subdivider or any subsequent
owner(s) of the land within the Subdivision.
9. The required time to complete all Required Public Improvements by Subdivider
within such block shall be one (1) year from the date of application for the first
building permit issued within such block. Upon completion and written approval and
acceptance of the Required Public Improvements within the required time and the
payment of all inspection costs by Subdivider, the Director of Public Works shall
cause all obligations of the Subdivider relating to the Required Public Improvements
within such block to be released. If such Required Public Improvements are not
completed within the required time, the City Director of Public Works may cause the
proceeds of all deposits or other collateral or monies in escrow to be used to compete
the same. If insufficient monies are available at the end of the required time to
complete all Required Public Improvements for the entire length of such block, the
Director of Public Works shall cause all collateral or monies in escrow to be reduced
to cash and shall deposit the same with the Director of Finance. Such cash shall be
used to complete that portion of the Required Public Improvements as the Director of
Public Works, in the Director's sole discretion, shall determine. Until all the
Required Public Improvements are completed and approved by the Director of Public
Works, Subdivider and the subdivided land shall remain liable and responsible for all
Required Public Improvements.
10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or
abutting upon the street which the proposed building or structure shall front, to the
2403952 04/17/2026 02:30:02 PM
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Candace Rivera Clerk/Recorder, Pueblo County, Cc
IIIIIIIIII rol 1p"n V' N71140101Xh'i+lh i f Poll 11MA 11111
rear property line of such lots, or the center line of the alley, if there is an alley,
enclosed at either end by a street which intersects both tiers of lots and shall include
the full width of all streets upon which such lots abut.
11. If the Required Public Improvements are for a commercial subdivision and include
stormwater drainage facilities, stormwater detention facilities, or maintenance and
restoration of adjacent drainage channels, and/or associated improvements and
revegetation (the "facilities"), located either within or outside of the Subdivision,
Subdivider shall install the facilities in accordance with plans and specifications
therefore approved by, and on file with the City, and thereafter, the facilities shall be
repaired, replaced and maintained in good working order and condition by the owners
of the land within the Subdivision. The City is granted the right (but not the
obligation) to inspect, control, repair, replace and maintain the facilities and to
recover all costs and expenses therefore including an administrative charge of 15%
from the owners of the land within the Subdivision. All such City's costs and
administrative charges shall become a perpetual lien on all the land within the
Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a
statement of lien setting forth the City's costs and describing the land signed by the
City's Director of Public Works. Failure of the City to inspect, control, repair,
maintain, or replace the facilities shall not subject the City to any liability for such
failure.
12. Subdivider agrees to provide the City with a current title insurance commitment at the
time of final platting evidencing that fee simple title of all lands in the Subdivision is
totally vested with the Subdivider free and clear of all liens and encumbrances. If
such land is not free and clear, the holder of such indebtedness or encumbrance shall
subordinate its interest or encumbrance to this Agreement and all its terms,
conditions, and restrictions.
13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority
to bring an action in any Court of competent jurisdiction to compel the enforcement
of this Agreement or any amendment hereto. Such authority shall include the right to
compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary
to the provisions of the Ordinances of the City or this Agreement. In the event of any
litigation arising out of this Agreement, the Court shall award the prevailing party its
costs and expenses, including reasonable expert witness and attorney's fees. Venue
for any such litigation shall be Pueblo County, Colorado.
14. City and Subdivider have attempted by the attached Exhibit "B" and Plans and
Documents to describe all Required Public Improvements to be constructed and
installed by Subdivider with respect to the Subdivision. However, if the attached
Exhibit "B" and Plans and Documents fail to describe or to include, for any reason,
any Required Public Improvement described and set forth in Chapter 4, Title XII of
the Pueblo Municipal Code and the standards and specifications approved by City
Council ("Omitted Public Improvement"), Subdivider shall not be released or
discharged from Subdivider's obligation to construct and install the Omitted Public
DPW 101 4
August 2019
2403952 04/17/2026 02:30:02 PM
Page: 5 of 10 R 43.00 D 0,00 T 43.00
Cand4ce Rivera Clerk/Recorder, Pueblo County, Cc
III F.112, kh 10VI M :11, ' U PWIUNIV III I
Improvement in the time and manner contained in this Agreement and Chapter 4,
Title XII of the Pueblo Municipal Code.
In order to determine whether or not there are Omitted Public Improvements, the
following shall be applicable:
(a) If the Required Public Improvements are constructed and installed within ten
(10) years from the date hereof, or within a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Council and interpreted as of the date hereof shall control, unless
adherence to a more recent standard does not require significant engineering
modifications or major revisions to the plans and documents.
For the purposes of this subsection, a major revision is defined as, but not
necessarily limited to the relocation or re -alignment of any curb and gutter,
sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or
type of sewer mains, inlets, curb and gutter or sidewalk.
(b) If the Required Public Improvements are constructed and installed after ten
(10) years from the date hereof, or after a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Coucil and interpreted as of the date the Required Public Improvements
are constructed and installed shall control.
(c) If Chapter 4 of Title XII and/or the standards and specifications approved by
the City Council are modified or amended to conform with the requirements
of federal or state law, rules or regulations prior to the construction and
installation of the Required Improvements, they shall control as so modified
and amended.
15. Except for guarantee and obligation to correct defects required by Section 12-4-
70)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to
extend any obligation of the Subdivider beyond the date of written approval and
accepted by the Director of Public Works of the Required Public Improvements
described in attached Exhibit "B", provided, however that the obligation of the
Developer to construct or install any Omitted Public Improvements will cease
following two (2) years from the date of acceptance of the Required Public
Improvements described in the attached Exhibit "B" by the Director of Public Works.
16. All Required Public Improvements shall be constructed and installed in compliance
with all applicable standards and specifications approved by City Council.
17. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and signed by all parties.
2403952 04/ 17/2026 02 ; 30 : 02 PM
Page: R
Eef` 10 4 .00D0,00T4 .00
Candace Rivera C,�ede�� n�ueb��ln " CO
Ill �
�"I�I'� �� " .III
�
18. This Agreement shall extend to and be binding upon the successors and assigns of the
City and upon the heirs, successors, assigns and legal representatives of Subdivider,
and shall be recorded in the office of the County Clerk and Recorder of Pueblo
County, Colorado, and shall constitute an agreement running with the land until
released as described above.
The parties have caused this Agreement to be executed and attested by its duly authorized and
acting officer.
Subdivider
(SEAL) By .... ?r &I lL..
By:
I'he foreo r« _ � .
zz�o1n, instrument was aclnowled a Subdivider,
erl before me on - 4
O-L , by Q _ r
My commission expires: 4 A hR
I ^^
AT1F.
City Clerk
STATE OF COLORADO
ss.
COUNTY OF PUEBLO
L&iliN Company
Notary Public
CITY OF PUEBLO, a Municipal Corporation
By:
.lay of Pueblo, Colorado
LNOTARY
E OSEK
ARY PUBLIC
STATE COLO DO
ION EXPIRES 0812812029
The foregoing instrument was acknowledged before Ise this day of
by
as
l'w!layor of Pueblo, Colorado, and _ as City Clerk of the City of
Pueblo, Colorado.
Witness my hand and official seal.
My commission expires:
[ SEAL]
APPROVED AS TO FORM:
DPW 101
August 2019
Notary Public
City Attorney
2403952 04/17/2026 02:30:02 PM
Page: 7 of 10 R 43.00 D 0.00 T 43.00
Candace Rivera Clerk/Recorder, Pueblo County, Co
Bill KIPIAVAUKI AWU ME V140 IWIVA:114 11111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "A"
TOWNHOMES AT RIVERS RUN, A SPECIAL AREA PLAN
LEGAL DESCRIPTION
BASIS OF BEARINGS
THE COURSE BETWEEN THE SOUTHWEST CORNER OF SECTION 32, TOWNSHIP 20 SOUTH, RANGE 64
WEST OF THE SIXTH PRINCIPAL MERIDIAN, ALSO KNOWN AS PUEBLO COUNTY GPS MONUMENT NO.
1405, BEING A LEAD PLUG AND TACK IN A STONE, IN A CAST IRON MONUMENT BOX, AND A NO.7
REBAR KNOWN AS PUEBLO COUNTY GPS MONUMENT NO. 7, WHICH IS ASSUMED TO BEAR
S04032'49"E.
LOT 1, BLOCK 1, RIVER'S RUN 1ST AMENDMENT, AS RECORDED UNDER RECEPTION NUMBER 2323042
AND RIVER'S RUN SUBDIVISION REARRANGEMENT OF PROPERTY BOUNDARIES RPB-22-01 AS
RECORDED UNDER RECEPTION NUMBER 2323048, RECORDS OF PUEBLO COUNTY, COLORADO,
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 20 SOUTH, RANGE 64
WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF PUEBLO, PUEBLO COUNTY, COLORADO.
CONTAINING A TOTAL CALCULATED AREA OF 408,784 SQUARE FEET OR 9.384 ACRES
2403952 04/17/2026 02:30:02 Phi
Pa : 8 of 10 R 43.00 D 0.00 T 43,00
Cads e Rivera Clerk/Recorder, Pweblra CrauintY, Co
ill �I ��� �� +' N 11116 1l it
2403952 04/17/2026 02:30:02 PM
Page: 9 of 10 R 43.00 D 0.00 T 43.0�0
Candace Rivera Clerk/Recorder, pueblo County, Cep
III NFIFRI K IN INIRON tF1iA1111FR4A 11111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: TOWNHOMES AT RIVER'S RUN
DEVELOPER: LEGENDS TH AT RIVERS RUN, LLC
ENGINEER: DARLENE K. HORN, P.E.
PHASE: 1 - West Side improvements
LOCATION: Lot 1, Walters War and Rertion,al Pond
UNIT PRICE
TOTAL
1
4"" Asphalt on 6" Base Course
9 170 SY
55A0
504845.00
2
7" Thick Concrete Square Pan Radius
1656 SF
15.78
26131.68
3
4" Concrete Sidewalk (6' Wide)
3740 SF
7.22
27002.80
4
ADA Curb Ramps
6 SF
40.00
240.00
5
Tactile band((2'x4' panel)
6 EA
153.40
920.40
6
Std. Curb (6" Reveal) & Gutter Pan (24")
2299 LF
31.00
71269.00
7
8" diameter water main (including valves)
690 LF
35.00
24150.00
8
Water service lines
53 EA
1850.00
98050.00
9
8" diameter sanitary sewer main(5-6ft)
867 LF
32.00
27744.00
10
Sewer service lines
53 EA
1550.00
82150.00
11
48" diameter sanitary sewer manhole
5 EA
6400.00
32000.00
12
Fire Hydrant Assembly
1 EA
5500.00
5500.00
13
Type R storm sewer inlet (L=8')
2 EA
4640.00
9280.00
14
Grated area inlets (Type 13 and CDOT Type C)
3 EA
4750.00
14250.00
15
18" RCP storm pipe
556 LF
183.45
101998.20
16
9' Square Base Manhole
2 EA
8500.00
17000.00
17
10.5 Square Base Manhole
1 EA
9250.00
9250.00
18
16' Roadway Barricade
2 EA
170.00
340.00
19
Street Signs - T-Intersection(Standard W2-4 Sign (30"x30"))
3 EA
180.00
540.00
20
Reg.Det. Pond Concrete Trickle Channel (4' wide w/ 6" high curbs)
990 LF
45.00
44550.00
21 onal Detention Pond Forebay Outlet Walls(4 ft exposed height, 8-in thickn
55 LF
258.00
14190.00
22
Regional Detention Pond Forebay Concrete Bottoms (4")
1675 SF
8.00
13400.00
23
Regional Detention Pond Landscape Block Retaining Walls
1707 SF
40.00
68280.00
24
Regional Detention Pond Outlet Structure Modifications(Minor mods)
1 EA
7500.00
7500.00
25
Regional Detention Pond Concrete Spillway
1410 SF
7.50
10575.00
26
Regional Detention Pond RipRap Protection (mach i ne-placed)
2143 CF
5.00
10715.00
27
Regional Detention Pond Gravel Maintenance Road
123 CY
65.00
8009.44
28
Regional Detenion Pond Establishing Vegetation (incl. am. Spillway)
2.98 AC
11000.00
32780.00
29
Regional Detention Pond Erosion Blanket (including em. Spillway)
117325 SF
1.50
175987.50
30
Grading (including emergency spillway)
2357 CY
3.00
7071.00
31
Erosion Control - Rock Sock
12 EA
40.00
480.00
32
Erosion Control - Silt Fence
1800 LF
5.50
9900.00
32
Erosion Control - Storm drain inlet protection
7 EA
125.00
875.00
33
Erosion Control - Vehicle tracking control(Basic stabilized rock pad)
2 EA
3000.00
6000.00
33
Sediment Control Log - check dams(Rock ditch)
3 EA
1300.00
3900.00
TOTAL PHASE 1
$
1,466,874.02
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: TOWNHOMES AT RIVER'S RUN
DEVELOPER: LEGENDS TH AT RIVERS RUN, LLC
ENGINEER: DARLENE K. HORN, P.E.
PHASE: 2 - Club House and Swimming Pool
LOCATION: Walters Way and Rivers Run Avenue
ITEM NO. DESCRIPTION QUANTITY UNITS PUEBLO SIA COST PUEBLO SIA
UNIT PRICE TOTAL
wall be completed as
TOTAL PHASE 2
2403952 04/1712026 02.30:02 PM
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Ca6dace Rivera Clerk/Recorder, Pueblo County, Cc
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: TOWNHOMES AT RIVER'S RUN
DEVELOPER: LEGENDS TH AT RIVERS RUN, LLC
ENGINEER: DARLENE K. HORN, P.E.
PHASE: 3 East Side Improvements
LOCATION: Portland Ave & Rivers Run Ave.
ITEM NO. DESCRIPTION QUANTITY UNITS PUEBLO SIA COS"rPUEBLO SIA
UNIT PRICE TOTAL
1.1
4,. Asphalt on b" Kase L.oaarse
0,1111» uu
0T
a
ju,wv
w ,
2.1
Std. Curb (6" Reveal) & Gutter Pan (24")
440.00
LF
$
31.00
$ 13,640.00
T' Thick Concrete Square Pan Radius
1,034.00
SF
$
15.78
$ 16,316.52
Handicap Ramps
363.00
SF
$
40.00
$ 14,520.00
Tactile Band (2'x4' panel)
4.00
EA
$
153.40
$ 613.60
8" diameter water main (including valves)
1,168.00
LF
$
35.00
$ 40,880.00
Service Lines - Water (60' ROW)
81.00
EA
$
1,850.00
$ 149,850.00
Fire Hydrant Assembly
1.00
EA
$
5,500.00
$ 5,500.00
6.1
4" Concrete Sidewalk (6' Wide)
5,120.00
SF
$
7.22
$ 36,966.40
12.1
8" diameter sanitary sewer main(SDR-35)
1,072.00
LF
$
32.00
$ 34,304.00
12.2.14
Service Lines - Sanitary Sewer (60' ROW)
81.00
EA
$
1,550.00
$ 125,550.00
12.2
48" diameter sanitary sewer manhole
9.00
EA
$
6,400.00
$ 57,600.00
36" diameter storm sewer pipe
480.00
LF
$
275.00
$ 132,000.00
24" diamter storm sewer pipe
243.00
LF
$
150.00
$ 36,450.00
13.2
18" diameter storm sewer pipe(RCP (Class Il, WY DOT)
27.00
LF
$
183.45
$ 4,953.15
13.2.06
60" diameter storm sewer manhole(6' deep)
2.00
EA
$
6,792.00
$ 13,584.00
13.2.07
Grated Area inlets (Type 13, CDOT Type C or Type D)
6.00
EA
$
4,750.00
$ 28,500.00
Street signs T- Intersection
5.00
EA
$
180.00
$ 900.00
Grading
15,919.00
CY
$
3.00
$ 47,757.00
Erosion Control - Silt Fence
820.00
LF
$
5.50
$ 4,510.00
Erosion Control - Rock Sock
15.00
EA
$
40.00
$ 600.00
Erosion Control - Storm drain inlet protection
7.00
EA
$
125.00
$ 875.00
Erosion Control - Vehicle tracking control
2.00
EA
$
3,000.00
$ 6,000,00
TOTAL PHASE 3
$ 1,122,714.67
This is an estimate only. Actual construction costs may vary.
PREPARED BY:
FIRM:
The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of
the public improvements required to be installed and constructed for the Subdivision by Chapter 4, Title XII of the Pueblo Municipal Code and the
standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities
necessary to construct the Required Public Improvements and (ii) the unit prices shown hereon are the most current unit prices provided by the City
of Pueblo. A
[P.E. SEAL]
Profe=6nal Engineer Date
REVIEWED BY: u
Director of Public orks Date
2403953 04/17/2026 02:30:02 Pal
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CaAdaca Rivera Clerk/Recorder, Pueblo CountY, CO
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the_._._.
Subdivision Improvements Agreement for Townhomes at Rivers Run. A Soeciai Area Plan (herein
the "Subdivision") and enforceable as provided in said Subdivision Improvements Agreement.
1. The Subdivider will develop the Subdivision in separate phases in the sequence
described in the attached Exhibit "A".
2. The Subdivider shall construct and install all Required Public Improvements in
the manner and as described in the Subdivision Improvements Agreement needed and required to
serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A".
3. For purposes of determining the extent and timing of the Required Public
Improvements, each Phase shall be considered as a separate subdivision.
4. After completion of all Required Public Improvements for any Phase and
approval thereof by the Director of Public Works, the City will release the lots in that Phase from
the Subdivision Improvements Agreement and this Addendum.
5. Any development of the Subdivision contrary to the phasing sequence set forth in
paragraph 1 above without the prior written approval of the Director of Public Works
("Director") shall constitute a breach of the Subdivision Improvements Agreement and this
Addendum and City may thereafter refuse to approve the issuance of building permits for
construction within the Subdivision.
6. No modifications to the phasing sequence set forth in the attached Exhibit "A"
shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the
requested modifications will not result in any lot in the Subdivision being inadequately served by
required public improvements, (b) Subdivider furnishes title information satisfactory to the City
showing all persons and entities having a recorded interest in all lots within the Subdivision
("Interested Parties"), and (c) all Interested Parties execute and acknowledge their consent to and
approval of the modification to the phasing sequence in form and content approved by the City
Attorney.
7. The Subdivision Improvements Agreement as amended by this Addendum shall
remain in full force and effect and the covenants of this Addendum shall run with the land within
the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and
Subdivider and their respective heirs, personal representatives, successors, and assigns.
Executed at Pueblo, Colorado, as of F-0,h r
Subdivider
DPW 103
1 /6/04
BY AAes4N c►r .......
�. �'vlor�uaeo l-i►+�►�eD6-�u.6�litrC�ocM�a��/
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this day of
by _ d�. r� � jr Lm ......... _.._.�.._...... Subdivider.
Witness my hand and official seal.
My commission expires: ....._.,..
[SEAL]
���, a •�� ..��- .., n �
� i4¥ PSI /Ae M' I
DPW 103
1 /6/04
Notary Public
CITY OF PUEBLO,
a Municipal Corporation
BY ....
]` mc,y Z of �v EgLo
2403953 04/1 / 026 02:30:02 PM
Page. 2 of 3 R 43,00 D 0.00 T 43,00
Candace Rivera Clerk/Recorder, Pueblo County, Co
III KINTWeWIN 411101� Rol11 ART1l W ki 11111
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "A"
TOWNHOMES AT RIVERS RUN, A SPECIAL AREA PLAN
The Subdivider will develop the Subdivision I separate phases I the following sequence:
Phase 1 Shall consist of the following lots within the Subdivision:
Lots 1 — 42 as well as Parcels A, B and C, Block 1
Phase 2 Shall consist of the following:
Buildout of clubhouse in Parcel A, Block 1
Phase 3 Shall Consist of the following lots within the Subdivision:
Lots 1 — 91 as well as Parcels D, E, F, G and H, Block 2
2403953 04/17/2026 02:30:02 PM
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Candace Rivera Clerk/Recorder, Pueblo County, Cc
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Candace Rivard Clerk/Recorder, Puebla County, Co
mill 1 F III
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT ranted this flay of by
Le Grantor, to Pueblo, a Municipal Corporation, Grantee:
WITNESSETH:
THAT IN CONSIDERATION of the stun of One: Dollar ($1.00) and other good and valuable
consideration, paid by the Grantee, receipt of which is hereby acknowled ed, Grantor hereby gr it's to G t
'Y
successors and assigns, an casement and right of way for the purpose of n,
. olorado as described in the
through, over, under and across; Grantor's property situated in Pueblo County, olorado as d
attached Exhibit "A" (the "Easement Arca�'),
Grantor shall install I& KA S i .. A
(the "Facilities") in the Easement Area in accordance with plans and specifications therefore approved by, and on
file with Grantee, and, thereafter, Grantors maintain the Facilities in good working order and condition, and
repair and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and
replace the Facilities and recover all costs and expenses thereof plus an, administrative charge of 15% from the
Grantor. For such purposes, Grantee is granted the right to enter upon the Easement Area and adjoining property of
Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the
Grantee to any liability for such failure.
Grantor reserves the right to use and occupy the Easement Area for any purpose not inconsistent with the
privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use
thereof, Such reservation by the Grantor shall in no event include, the right to locate or erect or cause to be located
or erected on the Easement Area any building or any other structure or 111anufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has, good and sufficient right and title in and to the Easement
Area and full power to grant this casement and riglit-of-way, and (b) will defend Grantee's quiet and peaceful
possession of the easement and right-oPway against all persons who may lawfully claim title to the property.
"Grantee" shall include the plural and the feminine. This easement and right of way shall be binding upon,
and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee.
SIGNED this day of
6 "0
By:
DPW 110
03/13/25
2403954 0 /17/202 2:36: 2 PM1
page: 2 of S R +43 AG I) 0,00 T +43 A0
Candace Rivera clerklReeerdeu , Pueblo csUnt' , CO
ACKNOWLEDGEMENT
(For a limited liability company)
STATE OF
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this by _ _ .- ('name
game oflimited Bala ity company) a
o er0s) C\ manager(s) er(s) ate o or and anon ( P Y
g _-...-.
c ), limited liability company.
Witness my hand and oflicia sea ,.r
My commission expires: NOTARY PUBUC•STA Ufa
_ COMMISSION# 72612,
(SEA) ( ) jams w COMM.X . -Q - 2
Not Public or official title
DPW 110
03/13/25
Accepted this1day of �C 6 fw�, 20aA by and on behalf of Pueblo, a municipal corporation, pursuant to
§ 1 b-12-10'a)(3), P.M.C.
1134 ®wC'Ow
Director of Stormwater, Pueblo, a municipal corporation.
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DPW 110
03/13/25
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Candace Rivera Clerk/Recorder, Pueblo County, Co
.'III plips,II jNYIWK:1I
After Recording Return To:
Aaron Haaga
5312 Woodcrest Drive
Holladay, UT 84117
DECLARATION OF
RIVERS RUN FLATS
A PLANNED COMMUNITY
OTTO G9 X 41SPi m,p
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Candace Rivera Clerk/Recorder, Pueblo County, Cc
III NFJ AU'VI "Y�
TABLE OF CONTENTS
ARTICLE 1 SUBMISSION/DEFINED TERMS.....................................................................1
Section 1.1 Submission of Property....... ....,... ......... ........„„,,.„........
1
Section1.2 Name and Type..........................................................................................
2
Section 1.3 Property...... .- ....... ...................
2
Section 1.4 Defined Terms...... ......... ....... ................. .,. ......,,,
2
ARTICLE 2 EASEMENTS ........ ......... ......... ,....., ..... .,....... ...................
5
Section 2.1 Utility, Plat, and Plat Easements.... ................. --- ..,................ ............ 5
Section 2.2 Owners' Easements of Enjoyment/Acknowledgments ....................... 5
Section 2.3 Drainage Easements.................................................................................. 6
Section2.4 Utilities........................................................................................................ 7
Section 2.5 Measures Related to Provision of Common Utilities ........................... 7
Section 2.6 Emergency Easements....... ....... ....... --- ... 8
Section 2.7 Delegation of Use....................................................................................... 8
Section 2.8 Disclaimer of Liability........ .......... 8
ARTICLE 3 THE ASSOCIATION ......... ......... ...............................
9
Section3.1 Membership................................................................................................
9
Section 3.2 General Purposes and Powers of the Association ................................
9
Section 3.3 Authority of the Association....................................................................
9
Section 3.4 Specific Powers....... ..... ..,.... ........ ........ .,....,..
9
Section 3.5 Association Agreements............................................................................10
Section 3.6 Bulk Service Agreements—, -- ............ ................................. ..... -- 10
Section 3.7 Managing Agent/Property Manager. ......10
Section 3.8 Allocated Interests----- .....................................................................11
Section 3.9 Duty to Accept Common Elements and Facilities Transferred by
Declarant ........... ....... ................ .. .........
12
Section 3.10 Power to Operate and Charge for Facilities and Services ...............
12
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Candace Rivera Clerk/Recorder, Pueblo County, Co
111 PAN i V011 U NNE ' 1 Rr IA 14, 11111
Section 3.11 Right to Notice...... ........ ........„. 12
Section 3.12 Indemnification--- .......................... ...„....„ ..... ........„
.......
-13
Section 3.13 Declarant's Right to Appoint During Period of Declarant Control.
13
ARTICLE 4 LOTS AND COMMON ELEMENTS . ........... ................................„......,..,,,.....13
Section 4.1 Number of Lots...,. ....--- ...... ..................
13
Section 4.2 Identification of Lots/Lot Descriptions...............................................14
Section 4.3 Common Elements... . .... ............................ ........„..,.,„,.,....,......,,,......,.„.,...14
Section 4.4 Limited Common Elements...................................................................14
Section 4.5 Initial Limited Common Elements. ,.,... ,
15
Section 4.6 Allocation of Expenses for Limited Common Elements....................15
ARTICLE 5 ASSESSMENTS .... ......... ,..
15
Section 5.1 Creation of Association Lien and Personal Obligation to Pay
Assessments. ,.,.. .... ......... ......... ......... .........
..........15
Section 5.2 Annual Assessment ......... .............. ....... —16
Section 5.3 Special Assessments . ....... .....„,„....„........,.......,..........,..,...,...........,.......... ..16
Section 5.4 Supplemental Assessments ...,.,,.. ... ....... ........ .......17
Section 5.5 Commencement of Assessments. ..........................................................18
Section 5.6 Application of Payments..........................................................................18
Section 5.7 Effect of Non -Payment of Assessments .. ................ ,.......... .................. .18
Section 5.8 Lien Priority..... . ... ....................................................................................
19
Section 5.9 Working Fund.....,,.
20
Section 5.10 Owner's Negligence or Misconduct....,.„...,.,,„„,,,,,,,,,,,,,,,,,,,,„,..„.,,,,.,„...
20
Section5.11 Borrowing...............................................................................................
21
ARTICLE 6 PARTY WALLS .................. ......... .........
,.,...,,.
21
Section 6.1 General Rules of Law to Apply—,, .........„,,.,,...............„.....,..,,.,............,
21
Section 6.2 Sharing of Repair and Maintenance....................„...,...........,......,.,,.......
21
ii
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Candace Rivera Clerk/Recorder, Pueblo County, Cc
Section 6.3 Destruction by Fire or Other Casualty-.......... ...... ..............................
21
Section 6.4 Weatherproofing. ........ .......... ......... ......... ...............................
22
Section 6.5 Right to Contribution Runs with Land. - .................................
22
Section 6.6 Arbitration................................................................................................ 22
ARTICLE 7 MAINTENANCE AND SERVICE RESPONSIBILITIES ..............................
22
Section 7.1 Association Maintenance and Service Responsibilities .....................
22
Section 7.2 Owner's Maintenance Responsibility.........; .................................... 24
Section 7.3 Owner Responsibilities. .... ....... ........ .......
25
Section 7.4 Mold ......... ............ ..............,...... , ......., .............
25
Section 7.5 Inspection, Repair and Replacement of Designated Owner
Maintenance Components................................................................................ 26
Section 7.6 Failure to Maintain . ....... ..... .............,..
26
ARTICLE 8 RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY ................ 27
Section 8.1 Use of Lots/Occupancy of Improvements on Lots...........,„ ...............
27
Section 8.2 Design Approval Required/Architectural Review Committee.......
28
Section 8.3 Landscaping Requirements and Restrictions.................,....„ ................
28
Section 8.4 Plat Restrictions..... ....... ........ .........
28
Section 8.5 Lot Maintenance..,.. ..,..... ........................ .......
29
Section 8.6 Fences and Privacy Walls. , .......
29
Section 8.7 Restrictions on Vehicles, Vehicular Parking, Storage, and Repairs.
29
Section 8.8 No Temporary Structures. ............... ..... .....................
31
Section 8.9 Trash Removal Restriction. ....... .......
32
Section 8.10 Roof Apparatus... ........, ...... ........
32
Section 8.11 No Wind Generators........ ....... .........
32
Section 8.12 Clotheslines and Storage......................................................................
32
mrzm. sx.nocxt
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Candace Rivera C➢erhiReearder, Pueblo County, Co
mill IFIAn ' �1 11111
Section 8.13 Restrictions on Animals and Pets.— . .................. ...........
33
Section 8.14 Restriction on Further Subdivision of Lots . ...... .......„.,......,....,,..........
33
Section 8.15 Leasing and Occupancy........................................................................
33
Section 8.16 Nuisances ......... ........ ......... .......
35
Section 8.17 Use of Common Elements. --- ................... --- ......... -- .....
35
Section 8.18 Antenna ................. ........ ....... ................
35
Section 8.19 No Unsightliness...................................................................................
36
Section 8.20 Restriction on Signs and Flags..... ... .................... ..................................
36
Section 8.21 Prohibition of Marijuana Distribution and Growing .......................
37
Section 8.22 Prohibited Activities.............................................................................
37
Section 8.23 Restriction on Sale of a Lot. .. ........... -.— ........ --.— . ........................... -
37
Section 8.24 No Restrictions on Mortgaging of a Lot..........„„ ............. ................ .„..
37
Section 8.25 Rules and Regulations..... ...... ........ ........ .........
37
Section8.26 Declarant's Use.......................................................................................
38
Section 8.27 Use of the Words Rivers Run Flats and Rivers Run Flats
Homeowners Association, Inc . ........ ---- ..... ......„......................... ,.....„........
,, 38
ARTICLE 9 ARCHITECTURAL REVIEW...........................................................................
38
Section 9.1 Required Approval ......... .......... ....,.... ......................
38
Section 9.2 Acknowledgment of Owners................................................................. 39
Section 9.3 Architectural Criteria ........... ......... ....... ,...,.............
40
Section 9.4 Establishment of the Architectural Review Committee ..................... 40
Section 9.5 Architectural Guidelines........................................................................
41
Section 9.6 Reply and Communication....................................................................
41
Section9.7 Variances...................................................................................................
41
Section 9.8 Right to Appeal . .... ......... ......... ......,.. ....... ,,.. —
42
iv
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Candace Rivera Clerk/Recorder, Pueblo County, Cc
Section 9.9 Commencement and Completion of Construction. .... .......... -- ..,....„..
42
Section 9.10 Waivers....,--.. ............ ....................... .......
......... 42
Section 9.11 Liability...„ --- ......... ......... .,... .... ......... .............
43
Section 9.12 Enforcement........................................................................................... 43
ARTICLE 10 DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS ......... 43
Section 10.1 Development Rights and Special Declarant Rights ..........................
43
Section 10.2 Additional Reserved Rights.................................................................
45
Section 10.3 Rights Transferrable/Rights Transferred.....- ....................................
45
Section 10.4 No Further Authorizations Needed.........,„.„ ................_.... ......
46
Section 10.5 Amendment of the Declaration or Plat ..............................................
46
Section 10.6 Interpretation.........................................................................................
46
Section 10.7 Construction...........................................................................................
47
Section 10.8 Termination of Reserved Rights. .. ........ ......... - .... --- .. ... ..............
47
ARTICLE 11 INSURANCE/CONDEMNATION................................................................
47
Section 11.1 Insurance to be Carried by the Association .......................................
47 Section
11.2 Real Property Insurance on the Townhouses and Common
Elements..............................................................................................................
48
Section 11.3 Association Flood Insurance ........ .............. .„„......
49
Section 11.4 Liability Insurance............ ...,.... ................... ........
49
Section 11.5 Fidelity Insurance .......................... ......... ...... .......
49
Section 11.6 Workers Compensation........................................................................
50
Section 11.7 Director and Officer Liability Insurance..........„ ..................................
50
Section 11.8 Other Insurance.....................................................................................
50
Section 11.9 Miscellaneous Terms Governing Insurance Carried by the
Association...,„ ........................ .... ....... .............. ........ ...................
50
Section 11.10 Insurance Obtained by Owners..........-....... ................... ........ .........
51
v
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Candace Rivera Clerk/Recorder, Pueblo County, Cc
Section 11.11 Insurance Premium............................................................................. 52
Section11.12 Managing Agent Insurance .......................................... ...............--- 52
Section 11.13 Waiver of Claims Against Association ............................................. 52
Section 11.14 Adjustments by the Association....................................................... 52
Section11.15 Duty to Repair ...................................................................................... 52
Section 11.16 Condemnation and Casualty Insurance Allocations and
Distributions............................................................................................. .......... 53
Section 11.17 Responsibility for Payment of Deductible Amount .......................
53
Section 11.18 Insurance Assessments. ........ ........................ ..... ,.,,............
54
Section 11.19 Association as Attomey-in Fact ........................................................
54
Section 11.20 Payment of Claims to Delinquent Owners . .......... ---- ,..............
55
ARTICLE 12 DISPUTE RESOLUTION PROCEDURES......................................................
55
Section 12.1 Alternate Dispute Resolution . ............ ---- .......... ,...,......,..................
55
Section12.2 Exempt Claims........................................................................................
55
Section 12.3 Claim Resolution Procedures..............................................................
56
ARTICLE 13 GENERAL PROVISIONS ......... ... ......... ......... ...... -....
59
Section 13.1 Compliance and Enforcement....... ....,... ......... ....... 59
Section13.2 Attorney Fees......................................................................................... 61
Section 13.3 Severability, ......... .. ......... .......... ............ .,,..,......... ... — 62
Section 13.4 Term of Declaration..,..... ..... ......... .......... ..,..., 62
Section 13.5 Amendment of Declaration, Map, or Plat by Declarant .................. 62
Section 13.6 Amendment of Declaration by Owners ............................................. 63
Section 13.7 Amendment Required by Mortgage Agencies ................................. 63
Section 13.8 FHA/ VA Approval ......... --- ..................... ..................... .. 64
Section 13.9 Security Disclaimer. ...................... ........... ............... .................... ....... -- 64
Section13.10 Captions................................................................................................
64
Section 13.11 Interpretation.......................................................................................
65
Section 13.12 Singular Includes the Plural. ..................... ................. -- ...,...,..........
65
vl
OMO..314.DOC741
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Candace Rivera Clerk/Recorder, Puebla County. Ca
ill mr.Al2 *110NI SAX U141411 1111 UUA 11111
EXHIBIT A DESCRIPTION OF PROPERTY........................................................................... 66
EXHIBIT B PROPERTIES OWNED BY DECLARANT WHICH MAY BE ADDED
TO THE DECLARATION
....... ...... . ........ 67
EXHIBIT C OTHER PROPERTIES WHICH MAY BE ADDED TO THE
DECLARATION
.,....... 68
EXHIBIT D INITIAL COMMON ELEMENTS.......................................................................
69
EXHIBIT E INITIAL LIMITED COMMON ELEMENTS ...................................................
70
EXHIBIT F MAINTENANCE AND INSURANCE OBLIGATIONS ............................. 71
vi
07710314DO -
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Candace Rivera Clerk/Recorder, Pueblo CcuntY, CO
III .111 ��� u� ��I '��� aA & 11111
DECLARATION
OF
RIVERS RUNFLATS
A PLANNED COMATUNTT Y
THIS DECLARATION is made on the date hereinafter set forth by Legends TH at
Rivers Run, LLC, a Colorado limited liability company ("Declarant").
RECITALS
A. Declarant is the owner of certain real estate in the Pueblo County, State
of Colorado, which is more particularly described as set forth in Exhibits A and B
attached hereto and by reference made a part hereof.
B. Declarant desires to create a planned community on the real estate described in
Exhibits A and B under the name of "Rivers Run Flats," in which portions of the real
estate described in Exhibit B will be designated for separate ownership and uses of a
residential nature and in which portions of the real estate are to be owned by an owners'
association.
C. Declarant has caused the "Rivers Run Flats Homeowners Association, Inc.," a
Colorado nonprofit corporation, to be incorporated under the laws of the State of
Colorado, as an owners' association, for the purpose of exercising the functions set forth
in this Declaration.
NOW, THEREFORE, Declarant declares and states as follows:
ARTICLE 1 SUBMISSION/DEFINED TERMS
Section 1.1 Submission of Emerty.
The Declarant hereby submits the real estate described in Exhibit A and such
additional real property as may be subsequently added, pursuant to the expansion rights
reserved in this Declaration, together with and subject to all easements, rights, and
appurtenances thereto and the buildings and improvements erected or to be erected
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thereon (collectively, the "Property'), to the provisions of the Colorado Common Interest
Ownership Act, C.R.S. §38-33.3-101, et seq., as it may be amended from time to time (the
"Act") and to the terms and conditions of this Declaration. In the event the Act is
repealed, the Act on the effective date of this Declaration shall remain applicable.
Declarant hereby declares that all of the Property described in Exhibit A and Exhibit B as
added by expansion, shall be held or sold, and conveyed subject to the following
easements, restrictions, covenants, and conditions. Declarant further declares that this
Declaration is made for the purpose of protecting the value and desirability of the
Property, that this Declaration shall run with the Property and shall be binding on all
parties having any right, title or interest in the Property or any part thereof, their heirs,
legal representatives, successors, and assigns and shall inure to the benefit of each Lot
Owner thereof.
Section 1.2 Name anti 'rvve
The type of Common Interest Community is a Planned Community. The name of the
Community is "Rivers Run Flats." The name of the Association is the "Rivers Run Flats
Homeowners Association, Inc."
Section 1.3 Pro er .
The Community is located in the County of Pueblo, State of Colorado. The initial
Property of the Community is described in Exhibit A. The Community may be subject to
easements or licenses granted pursuant to this Declaration, or granted by authority
reserved in any recorded document or established in the Act.
Section 1.4 Defined Terms.
Each capitalized term in this Declaration or in the Plat shall have the meaning
specified or as used in the Act, unless otherwise defined in this Declaration:
(a) "Act" shall mean the Colorado Common Interest Ownership Act,
C.R.S. §38-33.3-101, et seq., as it may be amended from time to time.
(b) "Approved Rentals" shall mean any property managed by Property
Manager (as defined herein).
(c) "Architectural Review Committee" or "Committee" or "ARC' shall
mean the committee initially established by the Declarant for the purpose of
implementing the architectural review provisions of this Declaration and
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architectural guidelines for the Community to insure proper use, appropriate
improvement, and harmonious additions, alterations and improvements within
the Community.
(d) "Assessment" shall include all common expense assessments,
insurance assessments, utility assessments, and any other expense levied to a Lot
pursuant to this Declaration or the Act.
(e) "Association' shall mean Rivers Run Flats Homeowners
Association, Inc., a Colorado nonprofit corporation, and its successors.
(f) 'Board of Directors" or "Board" shall mean the body, regardless of
name, designated in the Governing Documents to act on behalf of the Association.
(g) "Common Elements" shall mean all real property owned by the
Association for the common use and enjoyment of the Owners and such property
as Declarant may convey to the Association.
(h) "Common Expense" shall mean any expenditure made a liability
received by or on behalf of the Association, together with any allocations to
reserves.
(i) "Common Expense Assessment" shall mean the Assessment for
allocation of Common Expenses among the Lots and Owners, as provided in this
Declaration and the Act.
0) "Community" shall mean the planned community known as "Rivers
Run Flats," and the real property subject to this Declaration and as further defined
by the recorded plats and the legal descriptions contained therein, and the
Members of the Association.
(k) "Declarant" shall mean the Declarant named in this Declaration, and
any successor and/or assignee designated by written notice or assignment
executed by the Declarant designated in this Declaration and executed by the
transferee and recorded, to the extent any rights or powers reserved to Declarant
are transferred or assigned to that party.
(1) "Development" or "Special Declarant Rights" shall mean those rights
set forth in this Declaration and those rights set forth in the Act.
(m) "Executive Board," "Board" or "Board of Directors" shall mean the
body, regardless of name, designated in this Declaration to act on behalf of the
Association.
siagnsomm
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(n) "Exhibit A" shall mean and refer to Exhibit A as attached to and
incorporated in this Declaration, and as may be amended or supplemew ted, from
time to time.
(o) "Governing Documents" shall mean this Declaration, the Plat, any
Map, the Articles of Incorporation, the Bylaws, and any Rules and Regulations of
the Association, as all of the foregoing may be amended from time to time.
(p) "Improvement(s)" shall mean structures installed within or upon a
Lot.
(q) "Limited Common Elements" shall mean those portions of the
Common Elements, if any, designated by Declarant for the exclusive use of one or
more but fewer than all of the Lots.
(r) "Lot" or "Unit" shall be defined to enable these terms to be used
interchangeably, as appropriate, and shall mean and refer to any plot of land
shown upon any recorded subdivision Map or Plat of the Property with the
exception of Common Elements, if any.
(s) "Map" shall mean and refer a recorded map(s) of the Property and
Improvements that are subject to this Declaration. More than one map or
supplement thereto may be recorded, and, if so, then the term "Map" shall
collectively mean and refer to all maps and supplements thereto.
(t) "Member' shall mean and refer to those persons entitled to
membership as provided in the Bylaws and as set forth in this Declaration.
(u) "Owner' shall mean any person or entity that owns a Lot.
(v) "Period of Declarant Control" shall mean the period of time
commencing on the date of recordation of this Declaration and expiring on the
earlier of 60 days after conveyance of 75 % of the Lots that may be created to
Owners other than Declarant, two years after the last conveyance of a Lot by the
Declarant in the ordinary course of business, or two years after any right to annex
property was last exercised; provided, however, that if the Period of Declarant
Control has not terminated pursuant to the foregoing provisions, the Period of
Declarant Control shall in any case terminate on the date upon which all property
subject to annexation to the Community has become a part of the Community and
the last Lot within the Community has been conveyed by the Declarant.
(w) "Plat" shall mean and refer to the plat(s) of the Property and
Improvements that are subject to this Declaration. More than one Plat or
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supplement thereto may be recorded, and, if so, then the term "Plat" shall
collectively mean and refer to all plats and supplements thereto.
(x) "Property" or "Real Estate" (as "real estate" is used in the Act) shall
mean the property described in this Declaration together with all easements,
rights, and appurtenances thereto and the buildings and Improvements erected or
to be erected thereon.
(y) "Property Manager" shall be the single source of Lot rentals within the
Community which shall be contracted by the Association to facilitate rentals in
the Community.
(z) "Rules and Regulations" shall mean any instruments, however
denominated, which are adopted by the Association for the regulation and
management of the Community, including architectural guidelines, and including
any amendment to those instruments.
(aa) "Townhome" or "Townhouse" shall mean the residential dwelling
improvement constructed on a Lot which is designed and intended for use and
occupancy as a residence by a single family.
ARTICLE 2 EASEMENTS
Section 2.1. Utility, Plat and Plat Easements
Easements for utilities and other purposes over and across the Lots and Common
Elements may be as shown upon the recorded Plats of the Community, and as may be
established pursuant to the provisions of this Declaration, or granted by or under the
authority reserved in any recorded document.
Section 2.2 Owners° Easements of Enjoy in ntl AL1giow wed. anent •.
(a) Every Owner shall have a right and easement access to their Lot and of
enjoyment in and to any Common Elements and such easement shall be
appurtenant to and shall pass with the title to every Lot, subject to the following
provisions:
(i) The right of the Association to promulgate and publish Rules
and Regulations with which each Owner and their tenants, invitees,
licensees and guests shall strictly comply.
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(ii) The right of the Association to close or limit the use of the
Common Elements while mifiitaining, repairing and maldng replacements
in the Common Elements, and the right of the Association to close or limit
the use of any Common Elements.
(iii) The right of the Association to suspend the voting rights and
rights to use the Common Elements by an Owner for any period during
which any Assessment against their Lot remains unpaid; and for any
infraction of its published Rules and Regulations.
(iv) The right, power and authority of the Association to grant
any easement, right-of-way, license, lease, dedication, transfer or
conveyance or grant of any similar interest affecting the Common
Elements, to the extent permitted by the Act.
(v) The Development and Special Declarant Rights of the
Declarant reserved in this Declaration.
Section 2.3 Draina g Easernents.
An easement is hereby granted to the Association and Declarant and local
government, their officers, agents, employees, successors and assigns to enter upon,
across, over, in and under any portion of the Property subject to this Declaration for the
purpose of changing, correcting or otherwise modifying the grade of the Property, the
Lots or drainage channels so as to improve the drainage of water. Said easements shall
be deemed to also include easements for the collection of storm water runoff. Every Lot
and the Common Elements shall be burdened with easements for natural drainage of
storm water runoff from other portions of the Property; provided, no Person shall alter
the natural drainage on any Lot so as to materially increase the drainage of water onto
adjacent portions of the Property or any Lot without the consent of the Owner of the
affected property. Any damage to any Improvement caused by Declarant or the
Association in exercising its rights under this Section will be repaired promptly by the
entity causing the damage. The foregoing, however, shall not be deemed to render the
Association or Declarant liable for any damage caused by any third party, including,
without limitation, any utility company.
Section 2.4 Utilities.
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Declarant hereby creates and reserves to the Association, a blanket easement upon,
across, over and under the Association for access, utilities, drainage and the installation,
replacement, repair and maintenance of utilities, including but not limited to water,
sewer, waste water treatment, effluent irrigation systems, gas, telephone, electricity and
master television antenna or cable systems, if any; provided, however, such easement shall
not encumber or affect any portion of the Real Estate that is anticipated to be improved,
or that has been improved, with a residence, improvement or any related structure, such
as a patio or garage. By virtue of this blanket easement, it shall be expressly permissible
for the Association to erect and maintain the necessary facilities, equipment and
appurtenances on the Property and to affix, repair, and maintain landscaping, fencing,
water, treated waste water, effluent irrigation and sewer pipes, gas, electric, telephone
and television wires, circuits, conduits and meters, and such other improvements or
facilities. If any utility or quasi -utility company furnishing a service covered by the
general easement created in this Section requests a specific easement, a separate right
and authority
to grant such easement upon, across, over or under any part or all of the
Property is reserved, provided the easement granted does not conflict with the terms
hereof, 'The easement provided for in this Section shall in no way affect, avoid,
extinguish orrnodifyany other recorded easement on the Property. Anydamage toany
improvenneritcaused by Dedarantor the Association in exercising its eights under this
Section will be repaired promptly by the entity causing the damage. The foregoing,
however, shall not be deemed to render the Association or Declarant liable for any
damage caused by any third party, including, without limitation, any utility company.
Section 2.5 Measures Related to Provision of Common Utilities.
(a) The Association shall have an easement to enter a Townhome to
inspect for events which may be causing waste of water or heat provided as a
Common Expense. If the inspection reveals that the Owner has failed to maintain
the Townhome so as to prevent waste of common utility services provided for as
a Common Expense, the Board shall follow the procedures provided for in this
Declaration.
(b) The Board, upon resolution, shall have the authority to require all
Owners to do any act or perform any work involving portions of the Community
which are the Owner's maintenance responsibility, which will, in the Board's sole
discretion, conserve utilities.
(c) The Board of Directors shall have right, but not the obligation, to
install water, electricity or other commonly provided utility conservation devices
(including, but not limited to, toilets and shower heads) as a Common Expense of
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the Association; provided, however, if the Association installs such equipment as
a Common Expense and the utility provider has a rebate program, the Association
shall be entitled to the rebate.
Section 2.6 Emer'ge"tea° Easements.
A nonexclusive easement for ingress and egress is hereby granted to all police,
sheriff, fire protection, ambulance, and other similar emergency agencies or persons, now
or hereafter servicing the Community, to enter upon any part of the Community in the
performance of their duties.
Section 2.7 Delegation of Use
Any Owner may delegate their right of enjoyment to the Common Elements and
facilities to the members of their family, their tenants, guests, or contract purchasers who
reside at their Lot.
Section 2.8 Disclainner of Liabil.i
The Association shall be and remain wholly free and clear of any and all liability to,
or claims by, all Owners and all persons and entities, of whatever kind or character,
whether sounding in contract or tort, deriving from the occurrence of any injury or
damage to any person or property on, or in respect to the use and operation of, the
Common Elements or any of its improvements, fixtures, and facilities. It shall be the
affirmative duty and responsibility of each Owner, and each user of the Common
Elements, to continuously inspect the same for any defects or perils or other unsafe
conditions or circumstances, prior to and during such use or enjoyment thereof; and all
users of, and visitors to, the Common Elements and its improvements and facilities shall
use, enjoy, and visit, the same at their own risk and peril.
ARTICLE 3 THE ASSOCIATION
Section3.1 Membership
Every person who is a record Lot Owner of a fee interest in any Lot which is subject
to this Declaration shall be a Member of the Association. Membership shall be
appurtenant to and may not be separated from ownership of any Lot. Ownership of
such Lot shall be the sole qualification for such membership. Where more than one
person holds an interest in any Lot, all such persons shall be Members.
EFUUMEMM
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Section 3.2 General Ptrrvoses and Powers of the _Association
The Association, through its Executive Board, shall perform functions and manage
the Community as provided in this Declaration so as to protect the value and desirability
of the Community and the Lots and to further the interests of the residents, occupants,
tenants and guests of the Community and members of the Association Any purchaser
of a Lot shall be deemed to have assented to, ratified and approved such designation and
management. The Association shall have all power necessary or desirable to effectuate
such purposes.
Section 3.3 Atrt or t'v of the Association
The business affairs of the Community shall be managed by the Association. The
Association shall be governed by the Act, this Declaration, the Plat, its Articles of
Incorporation and Bylaws, and any Rules and Regulations adopted by the Executive
Board. The Executive Board may, by written resolution, delegate authority to a manager
or managing agent for the Association, provided no such delegation shall relieve the
Board of final responsibility.
Section3.4 Soecific'Powers
The Association shall have the powers, authority and duties as necessary and proper
to manage the business and affairs of the Community. The Association shall have all of
the powers, authority and duties permitted or set forth in the Act. The Association shall
have the power to assign its right to future income, including the right to assign its right
to receive Common Expense Assessments, but only upon the affirmative vote of a
majority of the Owners present at a meeting called for that purpose.
Section 3.5 Association A ree]nent
Any agreement for professional management of the Community or any contract
providing for services of the Declarant, may not exceed one year. Any such agreement
must provide for termination by either party without cause and without payment of a
termination fee or penalty upon 30 days' written notice. The Association shall not be
bound either directly or indirectly to contracts or leases (including management
contracts) entered into during the Declarant Control period unless the Association is
provided with a right of termination of any such contract or lease without cause, which is
exercisable without penalty at any time after the turnover date upon not more than 30
days' notice to the other party thereto.
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Section 3.6 Bulk Service Agreements.
The Association shall have the power and authority to enter into one or more bulk
service agreements for such terms and rates as it deems appropriate in order to provide
the Owners with any of the following services: cable television, community satellite
television, electronic entertainment, information or communication services, trash
removal or any other service the Association believes to be in the best interests of the
Owners. If such a bulk service agreement is executed, the costs shall be allocated a
Common Expense of the Association.
Section 3.7 Mariaeiliz AlzentZProl2erty Manager.
(a) The Association may employ or contract for the services of a
Community manager to act as an agent to whom the Executive Board may
delegate certain powers, functions, or duties of the Association, as provided in the
Bylaws of the Association. The agreement shall be by written contract having a
term of no more than one year and shall be subject to cancellation by the
Association on 30 days' notice, with or without cause, and without a cancellation
fee. The Executive Board shall not be liable for any omission or improper exercise
by a managing agent of any duty, power, or function so delegated by written
instrument executed by or on behalf of the Executive Board.
(b) The Association may also retain a Property Manager to facilitate the
rental and operation of the Lots. Such Property Manager shall provide marketing
and cleaning services for the Lots. Lots managed by the Property Manager shall
be considered Approved Rentals. Owners not using the
Association's Property Manager may be subject to additional supplemental
Assessments as defined in this Declaration, and such Lots will not be defined as
Approved Rentals. The rental of individual Lots shall only be accomplished
through the use of a licensed property manager which shall be performed
pursuant to a separate contract. The contract between the Association and the
approved Property Manager shall contain a provision which provides that in the
event the Association is not satisfied with the performance of the Property
Manager the Association shall be required to provide written notice identifying
such performance issues. Property Manager shall have a period of no less than 60
days' to cure such deficiencies prior to termination of the Property Manager
which shall require the consent of 67% of the voting members.
Section 3.8 Allocated Interests.
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Common Expense liability and votes in the Association allocated to Lots are as
follows:
(a) The percentage of liability for Common Expenses, on an
equal basis between each Lot in the Community (1/60);
(b) Lot Owners shall be entitled to one vote for each Lot owned.
If Lots are added to the Community, pursuant to the provisions of this Declaration
and the Act, the formulas set forth above, or then in use, shall be used to reallocate the
Allocated Interests.
Section 3.9 QuLy to Accept Common Elements and Facilities Transferred b
Declarant.
The Association shall accept any Common Elements or property, including any
Improvements thereon, and personal property transferred to the Association by
Declarant and equipment related thereto, together with the responsibility to perform any
and all functions associated therewith, provided that such property and functions are not
inconsistent with the terms of this Declaration. Any property or interest in property
transferred to the Association by Declarant shall, except to the extent otherwise
specifically approved by resolution of the Executive Board, be transferred to the
Association free and clear of all liens (other than the lien of property taxes and
Assessments not then due and payable), but shall be subject to the terms of this
Declaration and any Supplemental Declaration applicable thereto.
Section 3.10 :Power to Operate and. Charge for Facilities and Services.
The Association shall have the power to acquire, create, own and operate any and all
such facilities and services as it deems appropriate, including, without limitation,
landscape maintenance and refuse collection, or any other similar or dissimilar function,
and to establish charges for the use of facilities and services. The charges may include
admission, rental or other fees and charges for any use of property, facilities or services
of the Association. Such charges or fees shall be as determined from time to time by the
Executive Board.
Section 3.11 Right to Notice.
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Notice of matters affecting the Community shall be given by the Association or
through access to Association records, as further provided in the Bylaws or as otherwise
provided by the Board of Directors.
Section 3.12 Indemnification.
To the full extent permitted by law, each officer, director, committee member or
volunteer of the Association shall be and hereby are indemnified by the Association
against all expenses and liabilities including attorney fees, reasonably incurred by or
imposed upon them in any proceeding to which they may be a party, or in which they
may become involved, by reason of being or having been an officer, director, committee
member or volunteer of the Association, or any settlements thereof, whether or not they
are an officer, director, committee member or volunteer at the time such expenses are
incurred; except in such cases wherein such officer, director, committee member or
volunteer is adjudged guilty of breaching his or her duty of care (as set forth in the Act)
in the performance of his or her duties.
Section 3.13 Declarant°s Right to Appoint During Period of Declarant Control.
The Declarant shall have the reserved power to appoint and remove officers and
members of the Board as allowed under the Act and more particularly provided for in
the Bylaws, based on the total number of Lots that may be created within the
Community pursuant to this Declaration. The Declarant may voluntarily surrender any
or all of the foregoing rights to appoint and remove officers and members of the Board
before termination of the Period of Declarant Control. In that event, the Declarant may
require, for the duration of the Period of Declarant Control, that specified actions of the
Board, as described in a recorded instrument executed by the Declarant, be approved by
the Declarant before they become effective.
ARTICLE 4 LOTS AND COMMON ELEMENTS
Section 4.1 Number of Lots.
The number of Lots initially included in the Community is 133. Declarant has the
reserved right to create and add additional Lots up to a total of 400 Lots or such larger
number as allowed on the Real Estate by local government, whichever is greater.
Section 4.2 Identification of Lots Lot Descri bons.
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The identification of each Lot is shown on the Plat. Every contract for sale, deed,
lease, security interest, will or other legal instrument shall legally describe a Lot by its
identifying lot number, followed by the name of the Community, with reference to the
Plat and the Declaration. An illustrative description is as follows:
Lot . Block _............................ . according to the
Declaration recorded 20_, at Reception No.
and the recorded map, in the records of the
Clerk and Recorder, the Pueblo County, State of Colorado.
Reference to the Declaration and Plat in any instrument shall be deemed to include
any supplement(s) or amendment(s) to the Declaration and Plat, without specific
references thereto.
Section 4.3 Common Elements.
The property described in Exhibit D and any improvements thereon are the initial
Common Elements to be deeded by the Declarant to the Association. Portions of any
Common Elements may be designated as a part of a Lot. The improvements on the
Common Elements may be changed from time to time by the Executive Board of the
Association. Portions of the Common Elements may be designated by Declarant as a
part of a Lot or as a Limited Common Element to a Lot or Lots. Portions of Lots not yet
conveyed by Declarant to a third party Owner may become Common Elements or
Limited Common Elements, pursuant to rights reserved elsewhere in this Declaration.
Portions of Lots may become Common Elements, pursuant to rights reserved elsewhere
in this Declaration.
Section 4.4 Limited Common Elements.
The Declarant reserves, for itself, through 10 years after the recording of this
Declaration, the right to allocate areas of the Community as Limited Common Elements,
for the exclusive use of the owners of Lots to which those specified areas shall become
appurtenant. The Declarant may allocate or assign Common Elements or Limited
Common Element areas (1) by making such an allocation in a recorded instrument, or (2)
in the deed to the Lot to which such Limited Common Element shall be appurtenant, or
(3) by recording an appropriate amendment or supplement to this Declaration, or (4) by
recording a supplement to the Plat or by recording a map. Such allocations by the
Declarant may be made as a matter of reserved right.
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Section 4.5 Initial Limited Common Elements.
The property described in Exhibit E are the initial Limited Common Elements, the
exclusive use of which is assigned to the Lots indicated on Exhibit F. The Declarant
reserves the right to assign rights to use to any Limited Common Element to additional
Lots and reserves the right to assign additional Limited Common Elements.
Section 4.6 Allocation, of Expenses for Limited Common Elements.
nts.
In the event a Common Expense is associated with the maintenance, repair or
replacement of a Limited Common Element, those Common Expenses shall be assessed
equally against the Lots to which the Limited Common Element is assigned.
ARTICLE 5 ASSESSMENTS
Section 5.1 Creation of Association Lien and Personal Obligation to lea Assessments.
Declarant, for each Lot, shall be deemed to covenant and agree, and each Owner, by
acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or
other conveyance, shall be deemed to covenant and agree to pay to the Association
annual Common Expense Assessments, insurance Assessments, and such other
Assessments as imposed by the Association Such Assessments, including fees, charges,
late fees, attorney fees, fines and interest charged by the Association shall be the personal
obligation of the Owner of such Lot at the time when the Assessment or other charges
became or fell due. The Association annual Common Expense Assessments and such
other Assessments as imposed by the Association, including fees, charges, late fees,
attorney fees, fines and interest charged by the Association, and additional fees charged
by the managing agent, including but not limited to, administration and witness fees,
and/or any other charges that may be assessed and/ or levied or may be agreed to in the
process of collecting past due Assessments, including but not limited to, credit card
convenience fees from whatever source, shall be a charge on each Lot and shall be a
continuing lien upon the Lot against which each such Assessment or charge is made. If
any Assessment is payable in installments, the full amount of the Assessment is alien
from the time the first installment becomes due. The personal obligation to pay any past
due sums owed to the Association shall not pass to a successor in title unless expressly
assumed by them. No Owner may become exempt from liability for payment of the
Common Expense Assessments by waiver of the use or enjoyment of the Common
Elements or by abandonment of the Lot against which the Common Expense
Assessments are made. All Assessments shall be payable in the amounts specified in the
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levy thereof, and no offsets or reduction thereof shall be permitted by any reason
including, without limitation, any claim that the Association or the Executive Board is
not properly exercising its duties and powers under this Declaration.
Section 5.2 Annual Assessment.
The Common Expense Assessment may be made on an annual basis against all Lots
and shall be based upon the Association's advance budget of the cash requirements
needed by it to provide for the administration and performance of its duties during such
Assessment year. The budget shall be submitted to the Owners for ratification pursuant
to Section 303(4) of the Act and as set forth in the Bylaws, as the Bylaws may be amended
from time to time. Unless at the budget meeting, Owners to whom are allocated a
majority or more of the votes in the Association vote to reject the proposed budget, the
proposed budget will be ratified, whether or not a quorum is present; provided however,
any portions of the proposed budget pertaining to any Limited Common Elements
expenses will be ratified unless Owners holding a majority or more of the votes allocated
to the Lots encumbered thereby vote to reject such portions of the budget. Common
Expense Assessments shall be due and payable in monthly, quarterly, or annual
installments, or in any other manner, as determined by the Executive Board.
Section 5.3 S iec°ial Assessments.
In addition to other authorized Assessments, the Association may levy Special
Assessments from time to time to cover previously unbudgeted expenses or expenses in
excess of those budgeted, including, without limitation, the costs of any construction,
restoration, or unbudgeted repairs or replacements of capital improvements that are not
covered by the general reserve fund. The proposed Special Assessment shall be
submitted to the Owners for ratification pursuant to Section 303(4) of the Act and as set
forth in the Bylaws, as the Bylaws may be amended from time to time. The proposed
Special Assessment may be vetoed by a majority of the total Association vote. A
proposed Special Assessment will be ratified unless Owners representing more than a
majority of the votes allocated to the Lots that will be subject to the special Assessment
vote, either in person or by proxy, to reject the Special Assessment at a meeting called for
such purpose. Special Assessments may be payable in installments extending beyond
the fiscal year in which the Special Assessment is approved. The Board shall have the
right to require that Special Assessments be paid in advance of the provision of the
subject services or materials.
Section 5.4 Supplemental Assessments.
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The Association shall have the right to add to any Owner's Assessment as provided
in this Article the following:
(a) Those amounts expended by the Association for the benefit of any
individual Lot or any occupant thereof, including but not limited to: Lot
insurance; improvement, repair, replacement and maintenance specific to a Lot;
improvement, repair, replacement or maintenance caused by the negligent or
willful acts of any Owner, his or her guest, employee, licensee, lessee or invitee as
set forth in this Declaration;
(b) Any extraordinary maintenance, repair, improvement or replacement
costs of any area which the Association maintains required on fewer than all the
Lots;
(c) Any extraordinary insurance costs incurred as a result of the value of a
particular Owner's Townhome or the actions of an Owner (or his agents, guests,
licensees, invitees or lessees);
(d) All fines and costs assessed against an Owner pursuant to the
Governing Documents;
(e) Additional costs and charges may be charged to each nonapproved
rentals. Such costs may include costs associated with the maintenance and
marketing of the Community. The supplemental costs shall not exceed three
months of the Common Expense Assessments; and
(f) Any other expenditures or charges which the Board, in its sole
discretion, chooses to allocate to a Lot and are reasonably determined to be
allocable to a particular Lot.
Section 5.5 Commencement of Assessments.
The obligation to pay Assessments against fewer than all of the Lots as provided for
in this Declaration shall commence as to each Lot on the first day of the month following
the later of: (a) the month in which the Lot is made subject to this Declaration or (b) the
month in which the Association first establishes and ratifies a budget and levies
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Assessments pursuant to this Declaration. The first annual Common Expense
Assessment levied on each Lot, whether levied at partial or full rate as provided in this
Declaration, shall be prorated according to the number of months remaining in the fiscal
year at the time Assessments commence on the Lot. The omission or failure of the
Executive Board to levy the Assessment for any period shall not be deemed a waiver,
modification or a release of the Owners from their obligation to pay.
Section 5.6 Applicatiozi of Pa meats.
All sums collected on a delinquent account shall be remitted to the Association's
attorney until the account is brought current. All payments received on an account of
any Owner or the Owner's Lot shall be applied first to the payment of any delinquent
Assessments, then to all legal fees and costs (including attorney fees), expenses of
enforcement and collection, late fees, returned check fees, lien fees and other costs
owning or incurred with respect to such Owner pursuant to the Governing Documents,
prior to application of the payment to any special or regular Assessments due or to
become due with respect to such Owner.
Section 5.7 Effect of Non -Payment of Assessmnntt .
(a) Any Assessment, charge, or fee provided for in this Declaration, or any
monthly or other installment thereof, which is not fully paid within 10 days after
the due date thereof, as established by the Executive Board, shall bear interest at
the rate established by the Board of Directors which may not exceed 8% per
annum, or such higher amount allowed by law, to accrue monthly from the due
date. The Association may also assess a reasonable late fee thereon as determined
by the Executive Board.
(b) Failure to make payment within 60 days of the due date thereof shall
cause the total amount of such Owner's Common Expense Assessment for the
remainder of that fiscal year to become immediately due and payable at the
option of the Board.
(c) Further, the Association may foreclose its lien and/or bring an action
at law or in equity, or all of the same, against any Owner personally obligated to
pay such overdue Assessments, charges or fees, or monthly or other installments
thereof. An action at law or in equity by the Association against an Owner to
recover a money judgment for unpaid Assessments, charges or fees, or monthly
or other installments thereof, may be commenced and pursued by the Association
without foreclosing, or in any way waiving the Association's lien therefor.
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Likewise, the obtaining of a money judgment shall not preclude the foreclosure of
the Association's lien so long as the judgment remains unsatisfied.
(d) Foreclosure or attempted foreclosure by the Association of its lien shall
not be deemed to estop or otherwise preclude the Association from thereafter
again foreclosing or attempting to foreclose its lien for any subsequent
Assessment, charges or fees, or monthly or other installments thereof, which are
not fully paid when due. The Association shall have the power and right to bid
on or purchase any Lot at foreclosure or other legal sale, and to acquire and hold,
lease, mortgage, vote the Association votes appurtenant to ownership thereof,
convey or otherwise deal with the same. If a foreclosure action is filed to foreclose
any Assessment lien, and an Owner abandons or leaves vacant his or her Lot, the
Board may take possession and rent said Lot or apply for the appointment of a
receiver for the Lot without prior notice to the Owner. The rights of the
Association shall be expressly subordinate to the rights of any holder of a first lien
security interest as set forth in its deed of trust or mortgage (including any
assignment of rents), to the extent permitted under the Act.
Section 5.8 Lien Priori .
The lien of the Association under this Section is prior to all other liens and
encumbrances on a Lot except: (1) liens and encumbrances recorded before the
recordation of the Declaration; (2) a first lien security interest on the Lot (except as
allowed by the Act with regard to the limited lien priority allowed to the Association);
and (3) liens for real estate taxes and other governmental assessments or charges against
the Lot. This Section does not affect the priority of mechanics' or materialmen's liens.
The lien of the Association under this Article is not subject to the provision of any
homestead exemption as allowed under state or federal law. Sale or transfer of any Lot
shall not affect the lien for said Assessments or charges except that sale or transfer of any
Lot pursuant to foreclosure of any first lien security interest, or any proceeding in lieu
thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only
extinguish the lien of Assessment charges as provided by applicable state law. No such
sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of
foreclosure, nor cancellation or forfeiture shall relieve any Lot from continuing liability
for any Assessment charges thereafter becoming due, nor from the lien thereof.
Section 5.9 Workinl~und.
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The Association shall require the first Owner of each Lot (other than Declarant) to
make a non-refundable payment to the Association in an amount equal to one-fourth of
the annual Common Expense Assessment against that Lot in effect at the closing thereof,
which sum shall be held, without interest, by the Association as a working fund. Said
working fund shall be collected and transferred to the Association at the time of closing
of the initial sale by Declarant of each Lot, as aforesaid, and shall be for than use and
benefit of the Association. Such payment shall not relieve an Owner from making
regular payments of Assessments as the same become due. No refund or credit shall be
due to any Owner for such payment.
Section 5.10 Owner's Ne li ence or Misconduct.
In the event that the need for maintenance, repair, or replacement of the Common
Elements, or any portion thereof, is caused through or by the negligent or willful act or
omission or misconduct of an Owner, or the Owner's agents, employees, guests,
customers, or invitees, then the expenses, costs, and fees incurred by the Association for
such maintenance, repair, or replacement shall be a personal obligation of such Owner.
If such expenses, costs and fees incurred by the Association are not repaid to the
Association within seven days after the Association shall have given notice to the Owner
of such expenses, costs, and fees, then the failure to so repay shall be a default by the
Owner under the provisions of this Declaration. Such expenses, costs, and fees shall
automatically become a default Assessment determined and levied against such Lot, and
the Association may proceed in accordance with the applicable provisions of Article 5
hereof.
Section 5.11 Borrowine.
The Association shall have the power to assign its right to future income, including
the right to assign its right to receive Common Expense Assessments, but only upon the
affirmative vote of a majority of the Owners present and voting, in person or by proxy, at
a duly constituted meeting called for that purpose.
ARTICLE 6 PARTY WALLS
Section 6.1 General Mules of Law to A t .
Each wall which is built as a part of the original construction of a Townhome upon
the Property and placed on the dividing line between the Lots shall constitute a party
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wall and to the extent not inconsistent with the provisions of this Article, the general
rules of law regarding party walls and liability for property damage due to negligence or
willful acts or omissions shall apply thereto.
Section 6.2 Sharing of Repairs and Maintenance
The cost of reasonable repair and maintenance of a party wall shall be shared by the
Owners who make use of the wall in equal proportions.
Section 6.3 Destruction b 1*arc, or Other �as�aal
If a party wall is destroyed or damaged by fire or other casualty, then, to the extent
that such damage is not covered by insurance and repaired out of the proceeds of same,
any Owner who has used the wall may restore it, and if the other Owners thereafter
make use of the wall, they shall contribute to the cost of restoration thereof in equal
proportions without prejudice, however, to the right of any such Owners to call for a
larger contribution from the others under any rule of law regarding liability for negligent
or willful acts or omissions.
Section 6.4 " eatheMroofin&
Notwithstanding any other provision of this Article, to the extent that such damage is
not covered and paid by the insurance provided for in this Declaration, an Owner who
by his negligent or willful act causes the party wall to be exposed to the elements shall
bear the whole cost of furnishing the necessary protection against such elements.
Section 6.5 Ili ht to Contribution buns with Land.
The right of any Owner to contribution from any other Owner under this Article shall
be appurtenant to the land and shall pass to such Owner's successors in title.
Section 6.6 Arbitration.
In the event of any dispute arising concerning a party wall, or under the provisions of
this Article, the parties may submit the dispute to mediation. If the dispute cannot be
resolved through mediation, the parties may pursue the dispute in arbitration or through
a legal proceeding before a court.
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ARTICLE 7 MAENTENANCE AND SERVICE RESPONSIBILITIES
Section 7.1 Association Maintenance and, Service ides onsibiliti�es.
(a) The Board of Directors of the Association shall determine the
specifications, scope, extent, nature and parameters of the Association's
maintenance and service responsibilities. The Association shall maintain, repair,
replace, and keep in good repair in a workman like manner as a Common
Expense those items set forth in Exhibit F of this Declaration.
(b) Association Discretion. The Association may, in its sole discretion,
assume the obligation for maintenance or repair of additional property, either real
or personal, that lies within or outside the Community. The Association shall
have the right to assume such obligation even if the obligation currently lies with
Owners or other entities, provided however, the Association shall provide
Owners with 15 days prior written notice of any such change. The Association, in
its sole discretion, shall determine the time and manner in which any
maintenance, whether required or assumed, shall be performed as well as the
color or type of materials used.
(c) Maintenance of Common Elements by Owner. Subject to the
maintenance responsibilities herein provided, any maintenance or repair
performed on or to the Common Elements or any portion of the Lot that is
Association maintenance responsibility by an Owner or occupant shall be
performed at the sole expense of such Owner or occupant, and the Owner or
occupant shall not be entitled to reimbursement from the Association even if the
Association accepts the maintenance or repair.
(d) Damage to Lot by Association. The Association shall repair incidental
damage to any Lot resulting from performance of work which is the responsibility
of the Association. As finish levels can have varying degrees, such repairs will be
complete only to the extent of being "paint -ready." Such repair and subsequent
cleaning shall be performed based on a reasonableness standard. In performing
its responsibilities hereunder, the Association shall have the authority to delegate
to such persons, firms or corporations of its choice, such duties as are approved
by the Board of Directors.
(e) Liability of Association
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i. The Association shall not be liable for injury or damage to
person or property caused by or resulting from any water, rain, snow or ice
which may leak or flow from any portion of the Common Elements or from
any device, pipe, drain, conduit, appliance or equipment which the
Association is responsible to maintain hereunder, except:
(A) for injuries or damages arising after the Owner of a
Lot has put the Association on written notice of a specific leak or
flow from any portion of the Common Elements or device, pipe,
drain, conduit, appliance or equipment for which the Association
has a maintenance responsibility; and
(B) only if the Association has failed to exercise due care
to correct the leak or flow within a reasonable time thereafter.
(ii) The Association shall not be liable to the Owner of any Lot or
such Owner's tenant, guest, or family, for loss or damage, by theft or
otherwise, of any property which may be stored in or upon any of the
Common Elements.
(iii) The Association shall not be liable to any Owner, or any
Owner's tenant, guest or family for any damage or injury caused in whole
or in part by the Association's failure to discharge its responsibilities under
this Section where such damage or injury is not a foreseeable, natural result
of the Association's failure to discharge its responsibilities.
(iv) No diminution or abatement of Assessments shall be claimed
or allowed by reason of any alleged failure of the Association to take some
action or perform some function required to be taken or performed by the
Association under this Declaration, or for inconvenience or discomfort
arising from the making of repairs or improvements which are the
responsibility of the Association, or from any action taken by the
Association to comply with any law, ordinance, or with any order or
directive of any municipal or other governmental authority.
Section 7.2 Owner's Maintenance&s onaibilit .
(a) Except as otherwise provided in this Declaration, each Owner shall
have the obligation to maintain, repair and replace all portions of the Owner's Lot
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and the Limited Common Elements, if any, appurtenant thereto as further set
forth in Exhibit F of this Declaration.
(b) The Association, upon written resolution of the Board, shall have the
authority to require all Owners to do any act or perform any work involving
portions of the Community which are the Owner's maintenance responsibility,
which will, in the Association's sole discretion, conserve common utilities.
(c) The Association shall have right, but not the obligation, to install
water, electricity or other commonly provided utility conservation devices
(including, but not limited to, toilets and shower heads) as a Common Expense of
the Association. If the Association installs such equipment as a Common Expense
and the utility provider has a rebate program, the Association shall be entitled to
the rebate.
Section 7.3 Owner Iles Aonsibilities.
Each Owner shall have the responsibility to:
(a) perform his or her maintenance responsibility in such manner so as
not to unreasonably disturb other persons in Townhomes;
(b) promptly report to the Association or its agent any defect or need for
repairs, for which the Association is responsible;
(c) pay for the cost of repairing, replacing or cleaning up any item which
is the responsibility of the Owner but which responsibility such Owner fails or
refuses to discharge (which the Association shall have the right, but not the
obligation, to do), or to pay for the cost of repairing, replacing or cleaning up any
item which, although the responsibility of the Association, is necessitated by
reason of the willful or negligent act of the Owner, his or her family, tenants,
guests, with the cost thereof to be added to and become part of the Owner's next
chargeable Assessment; and
(d) An Owner shall not be liable for injury or damage to person ox
property caused by or resulting from the Owner's maintenance or lack of
maintenance of the Lot or any Limited Common Elements, if any, appurtenant
thereto except if the Owner has failed to exercise due care in performing said
maintenance. An Owner shall not be liable to any other Owner, or any Owner's
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occupant, guest or family or the Association for any damage or injury caused in
whole or in part by the Owner's failure to discharge its responsibilities under this
Section where such damage or injury is not a foreseeable, natural result of the
Owner's failure to discharge its responsibilities.
Section 7.4 Mold.
Each Owner shall be required to take necessary measures to retard and prevent mold
from accumulating in the Townhome, and the Common Elements, including but not
limited to appropriate climate control, removal of visible moisture accumulation on
windows, window sills, walls, floors, ceilings and other surfaces and cleaning of the
same. No Owner shall block or cover any heating, ventilation or air conditioning ducts.
Owners shall immediately notify the Board in writing of the following: (a) any evidence
of water leaks, water infiltration or excessive moisture in a Townhome; (b) any evidence
of mold that cannot be removed by the Owner with a common household cleaner; (c) any
failure or malfunction in heating, ventilation or air conditioning; (d) any inoperable
doors, windows, heating, ventilation or air conditioning ducts. The receipt of notice by
the Association shall not create any additional Association maintenance responsibility
other than those set forth in this Declaration. Owners shall be responsible for any
damage to his or her Lot and personal property, to any other Lot or the Common
Elements, as well as any injury to the Owner or occupants resulting from the Owner's
failure to comply with this section. Owners shall be responsible for all costs and
expenses incurred by the Board to remove mold and/or damage within his or her Lot, to
any other Lot or to the Common Elements if the Owner fails to meet the requirements of
this Section.
Section 7.5 Inspection, Repair and E". iacernent of Desi hated. Owner Maintenance
Cqp-tgonents,
The Association shall have the right, but not the obligation, to conduct a periodic
inspection, on a schedule to be determined by the Board of Directors, of designated
Owner maintenance components as may be set forth in the Rules and Regulations. If, in
the Board of Directors' sole discretion, the component needs to be maintained, repaired
or replaced, the Association may provide such maintenance, repair or replacement (even
though such component may be the Owner's responsibility) and the cost of such periodic
inspection, maintenance, repair or replacement may be assessed against the Owner of the
Townhome served by such component pursuant to this Declaration.
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[Note: This provision has been added. This provision is optional and can be removed
at your request. Additionally, if the Board desires to keep this provision, you may
wish to add specific items to this provision which would be considered "high risk"
components, such as water heaters, smoke detectors, washing machine hoses, toilets,
water lines, plumbing, wiring, etc.]
Section 7.6 Failure to Maintain.
If the Association determines that any Owner has failed or refused to discharge
properly his or her obligation with regard to the maintenance, repair, or replacement of
items of which he or she is responsible hereunder, then, except in the case of an
emergency, the Association shall give the Owner written notice of the Owner's failure or
refusal and of the Association's right to provide necessary maintenance, repair, or
replacement at the Owner's cost and expense. The notice shall set forth with reasonable
particularity the maintenance, repair, or replacement deemed necessary by the
Association.
Unless the Association determines that an emergency exists, the Owner shall have 10
days within which to complete maintenance or repair, or if the maintenance or repair is
not capable of completion within such time period, to commence replacement or repair
within 10 days. If the Board determines that: (i) an emergency exists or (ii) that an
Owner has not complied with the demand given by the Association as provided in this
Section; then the Association may provide any such maintenance, repair, or replacement
at the Owner's sole cost and expense, and such costs shall be added to and become a part
of the Assessment to which such Owner is subject, shall become and be a lien against the
Lot, and shall be collected as provided in this Declaration for the collection of
Assessments.
If the Board determines that the need for maintenance or repair is a Common
Expense and is caused through the willful or negligent act of any Owner, or occupant or
their family, guests, lessees, or invitees, then the Association may assess the cost of any
such maintenance, repair, or replacement against the Owner's or occupant's Lot, shall
become a lien against the Lot, and shall be collected as provided in this Declaration for
the collection of Assessments.
ARTICLE 8 RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY
All Property within the Community shall be held, used and enjoyed subject to the
following limitations and restrictions. The strict application of the following limitations
and restrictions in any specific case may be modified or waived, in whole or in part, by
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the Executive Board or by an appropriate committee (subject to review by the Executive
Board) if such strict application would be unreasonable or unduly harsh under the
circumstances. Any such modification or waiver must be in writing or must be
contained in written guidelines or rules. The following use restrictions are also subject to
the Development Rights and Special Declarant Rights reserved by the Declarant.
Section 8.1 Use of IotslOccuoancv of Improvements on Lots.
Occupancies of Improvements on the Lots shall be primarily for residential use, as a
residential dwelling, as provided for in this Declaration. Secondary commercial and
business uses, without any adverse external effect on the nature, perception, operation or
ambiance of the Community as a first-class residential community are expressly
permitted, subject to restrictions of record and local zoning ordinances and regulations.
No Lot within the Community shall be used for any purpose other than as allowed by
the local zoning codes. No Owner shall occupy a Lot/Unit for any purpose other than a
residential rental Unit. No Owner may occupy a Unit as a personal residence.
Section 8.2 Despxl, p royal Ike wired At'chitectural Review Committee.
Improvements to the Lot must first be approved by the Architectural Review
Committee, except for any real property added to this Community by Declarant, as
allowed for in this Declaration. Property added to the Community by Declarant may be
exempt from this Article, initially, and for subsequent Improvements. Specifically, no
structure, temporary building, trailer attachment, improvements, landscaping change
shall be commenced, constructed, erected, placed or installed, including, but not limited
to, a change in painting and/or staining of exterior siding, unless first submitted to and
approved in writing by the Architectural Review Committee. No shed or other
outbuilding shall be used or permitted to be kept or stored on any portion of a Lot, either
temporarily or permanently, unless approved by the Architectural Review Committee.
All additions to the Improvements on a Lot shall be of new construction.
Section 8.3 Uindscaping Re uirements and. Restrictions.
All portions of a Lot not improved with a residence, driveway, walkways, patios or
decks (referred to as the unimproved area of a Lot) shall be landscaped by the Owner.
All landscaping shall be installed in accordance with landscaping plans submitted to and
approved by the Architectural Review Committee. All landscaping plans shall be drawn
to scale and shall set forth the location of landscaping, type of landscape materials, and
be in accord with the requirements of this paragraph and other provisions of this
Declaration. The unimproved area of a Lot, once improved with a residence, shall be
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fully landscaped, as approved by the Committee, no later than nine (9) months after the
issuance of a certificate of occupancy for occupancy of the initial improvements, or the
first date of occupancy for residential purposes, whichever first occurs. The landscaping
of each Lot, having once been installed, shall be maintained in a neat, attractive, sightly
and well -kept condition, which shall include lawns mowed, hedges, shrubs, and trees
pruned and trimmed, adequate watering, replacement of dead, diseased or unsightly
materials, and removal of weeds and debris.
Section 8.4 Plat Restrictions.
The restrictions, if any, included on the plat for the Property are incorporated in this
Declaration by this reference.
Section 8.5 Lot Maintenance.
Owners are responsible for the maintenance, repair and replacement of the
Improvements and properties located within their Lot boundaries which are not
specifically the obligation of the Association to maintain, replace and keep in good
repair, as more specifically set forth in Exhibit F. Each Lot, at all times, shall be kept well
maintained, in good repair, and replacement, and in a clean, sightly, and wholesome
condition. Trash, litter, junk, boxes, containers, bottles, cans implements, machinery,
lumber or other building materials shall not be permitted to remain exposed upon or
within any Lot so that the same are visible from any neighboring Lot, or any street,
except as necessary during a period of construction.
During construction of Improvements on a Lot, the Owner and their contractors, if
any, shall keep the Owner's Lot in a neat and maintained order, without construction
debris on the Lot, and without debris blown or otherwise deposited or left elsewhere in
the Community.
The Association and its agents, after 30 days notice to the Owner, shall have the
authority to enter, replace, maintain, repair and clean up Lots which do not conform to
the provisions of this Section, and to charge and collect from the Lot Owners thereof all
reasonable costs related thereto as an Assessment hereunder.
Section 8.6 Fences and PrivaLy Wails..
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Fences, and/or privacy walls must have prior written approval of the Architectural
Review Committee.
Section 8.7 Restrictions can Vehicles Vehicular Parkin Stora e and Re airs.
(a) Vehicles and trailers shall be parked only in the garages, in the
driveways serving the Lots, or in appropriate spaces or areas designated by the
Executive Board. Vehicles shall be subject to such reasonable Rules and
Regulations as the Board may adopt.
(b) The following may not be parked or stored within the Community,
unless such parking or storage is within a garage on a Lot, or unless authorized in
writing by the Association or is otherwise exempted by Colorado law: oversized
vehicles, commercial vehicles, vehicles with commercial writing on their exteriors,
trailers, camping trailers, boat trailers, hauling trailers, boats or accessories
thereto, self-contained motorized recreational vehicles, or other oversized types of
vehicles or equipment as prohibited by rule or regulation. The foregoing may be
parked as a temporary expedience for loading or delivery of goods or services;
provided, however, overnight parking of the same is prohibited. This restriction
shall not apply to trucks or other commercial vehicles temporarily located within
the Community which are necessary for construction or for the maintenance of
any Common Elements, Lots, or any improvement located thereon.
[Note: Please note, you may add this to your leases and Rules and Regulations.]
(c) No abandoned, unlicensed or inoperable automobiles or vehicles of
any kind shall be stored or parked on a Lot or within the Community unless
parked or stored within a garage. An "abandoned or inoperable vehicle' shall be
defined by Colorado statutes governing inoperable, unlicensed or abandoned
vehicles on public streets, or as defined by rule or regulation adopted by the
Association.
(d) No motor vehicle may impede the safe and efficient use of streets
within the Community by residents, obstruct emergency access to/from the
Community or interfere with the reasonable needs of other residents to use their
driveway, streets, or guest parking within the Community.
(e) No activity such as, but not Umited to, maintenance, repair, rebuilding,
dismantling, repainting, or servicing of any kind of vehicle, trailer or boat, may be
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performed or conducted outside of garages in the Community. This provision
shall not be deemed to prevent washing and polishing of a vehicle, together with
those activities normally incident and necessary to such washing and polishing,
provided washing is done with a hose with a shut off valve to prevent waste of
water. Minor repairs may be performed, provided they may be completed the
day commenced, there is no damage (e.g., oil, residue) to paved areas, and all
equipment and parts are removed upon completion of the work No vehicles may
be left unattended on jacks or jack stands.
(f) Parking in fire lanes (as designated by the Association or as designated
by local government or a local fire protection authority) shall not be permitted.
(g) If any vehicle is parked on any portion of the Community in violation
of this Section or in violation of the Association's Rules and Regulations, the
Board may place a notice on the vehicle specifying the nature of the violation and
stating that after 72 hours the vehicle may be towed or booted. The notice shall
include the name and telephone number of a person to contact regarding the
alleged violation. A notice also shall be conspicuously placed at the Community
stating the name and telephone number of the person or entity which will do the
towing and/or booting hereunder. If 72 hours after such notice is placed on the
vehicle the violation continues or thereafter occurs again within six months of
such notice, the vehicle may be towed or booted in accordance with the notice,
without further notice to the vehicle owner or user, and the owner thereof shall be
solely responsible for all towing and storage charges.
(h) If a vehicle is parked in a fire lane, is blocking another vehicle or access
to another Owner's or occupant's Lot or Townhome, is obstructing the flow of
traffic, is parked on any grassy area, is parked in a space which has been assigned
as exclusively serving another Lot, or otherwise creates a hazardous condition, no
notice shall be required and the vehicle may be towed or booted immediately.
(i) If a vehicle is towed or booted in accordance with this Section, neither
the Association nor any officer or agent of the Association shall be liable to any
person for towing and storage costs or for any claim of damage as a result of the
towing or booting activity. The Association's right to tow or boot is in addition to,
and not in limitation of all other rights of the Association, including the right to
assess fines. Notwithstanding anything to the contrary in this Section, the Board
may elect to impose fines or use other available sanctions, rather than exercise its
authority to tow or boot.
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Section 8.8 No Temoorary Structrl.res.
Except during construction of Improvements on a Lot, no trailer, mobile home, tent or
shack or other temporary building or similar structure shall be placed upon any Lot.
Section 8.9 Trash Removal Restriction.
No garbage, refuse, rubbish, or cuttings shall be deposited on any street, road or any
Common Elements or on any Lot, unless placed in a suitable container suitably located.
All equipment for the storage or disposal of such materials shall be kept in a clean and
sanitary condition. No garbage cans, trash cans or receptacles shall be maintained in an
exposed or unsightly manner. If trash removal is a service ever offered by the
Association to Owners, then the Association shall have the exclusive right to engage a
trash removal contractor on behalf of the Owners.
Section 8.10 Roof A aaratus.
No types of refrigerating, cooling or heating apparatus shall be permitted on a roof or
in a window, and no such apparatus shall be permitted elsewhere on a Lot, except when
appropriately screened and approved by the Architectural Review Committee.
Section 8.11 No Wind Generators.
No wind generators of any kind shall be constructed, installed, erected, or
Maintained on the lots
Section 8.12 Carafliestines and Stora e.
Except for retractable clotheslines which comply with reasonable aesthetic
regulations adopted by the Board and except as otherwise permitted by Colorado law,
no nonretractable clotheslines, drying areas or yards, service yards, shops, equipment,
storage or storage areas shall be installed, allowed, kept, maintained or permitted on any
Lot unless the same, in each instance, is expressly permitted in writing by the
Association. Owners shall deem to hold the Association harmless from any claim
resulting from any clotheslines, drying areas or yards, service yards, shops, equipment,
storage or storage areas maintained on their Lot.
Section 8.13 Restrictions on Animals and Pets.
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Pets, including cats, dogs, birds, reptiles, or other household animals, hereinafter for
brevity termed "animal," may be kept, maintained or harbored on a Lot, if the animal is
not a nuisance to other Owners or occupants. No Owner or resident shall maintain any
animal which, in the sole discretion of the Board, is considered to be a danger to the
Owners, management staff or occupants in the Community or is otherwise considered to
be a dangerous breed, as may be further defined in the Rules and Regulations. If an
animal is deemed a nuisance, the Owner or person having control of the animal shall be
given a written notice to correct the problem. If not corrected, that Owner, upon a
second written notice, will be required to remove the animal from the Community
pursuant to, and in accordance with, any dispute resolution procedures as may be set
forth in this Declaration or the Rules and Regulations, if any. The written notices
provided for in this Section shall be issued by the authorized representative of the
Association or, if there is no authorized representative then by one or more of the
members of the Board of Directors of the Association. Animals may not be kept for any
commercial purposes. When on the Common Elements, animals must be on a leash and
under the control of the Owner of the animal. Feces left by animals upon the Common
Elements, on any Lot or in any Townhome, must be removed promptly by the owner of
the animal or the person responsible for the animal. Animals shall not be allowed to
defecate or urinate on any patio or balcony in the Community. Owners shall hold the
Association harmless from any claim resulting from any action of their animals.
Section 8.14 Restriction on Further Subdivision of Lots.
Lots in the Community may not be further subdivided into smaller or a larger tracts
or Lots, without the written approval of the Board.
Section 8.15 Leasing and Occupancy.
Any Owner shall have the right to lease or allow occupancy of a Lot upon such terms
and conditions as the Owner may deem advisable, subject to restrictions of this
Declaration, subject to restrictions of record and subject to the following:
(a) "Leasing" or "Renting" for the purposes of this Declaration, is defined
as regular, exclusive occupancy of a Lot by any person other than the Owner.
(b) Owners are strongly encouraged to use the Association's Property
Manager to manage leases of their Lot. Any Owner not using the Property
Manager to manage leases of their Lot shall be subject to a Supplemental
Assessment, as set forth in this Declaration.
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(c) All leases or rental agreements shall be in writing and shall provide
that the leases or rental agreements are subject to all terms of the Governing
Documents. Owners are required to provide tenants with copies of all Governing
Documents of the Association.
(d) Each Owner who leases their Lot shall provide the Association, upon
request, a copy of the current lease and tenant information.
(e) All occupancies, leases and rental agreements of Lots shall state that
the failure of the tenant, lessee, renter or their guests to comply with the terms of
the Governing Documents shall constitute a default of the occupancy, lease or
rental agreement and of this Declaration and such default shall be enforceable by
either the Association or the landlord, or by both of them.
(f) All occupancies of Lots shall be subject to the right of the Association
to remove and/or evict the occupant for failure to comply with the terms of the
Declaration, the Bylaws of the Association, the Articles of Incorporation or the
Rules and Regulations of the Association. If the Association requests that the
Owner evict the Owner's tenant based on the terms of this Declaration, and the
Owner fails to commence such action within 30 days of the date of the
Associations request and notice, the Association may commence eviction
proceedings. Upon failure by the Owner to comply with the Associations request
to evict, the Owner delegates and assigns to the Association, acting through the
Board, the power and authority to evict the lessee as attorney -in -fact on behalf of
and for the benefit of the Owner. If the Association evicts the lessee, any costs,
including, but not limited to, reasonable attorney fees actually incurred and court
costs associated with the eviction shall be an Assessment and lien against the Lot.
(g) Leases shall be for or of the entire Lot.
(h) All Owners who reside at a place other than the Lot shall provide to
the Association an address and phone number(s) where the Owner can be
reached in the case of emergency or other Association business. It is the sole
responsibility of the Owner to keep this information current.
(i) The Association shall have the authority to adopt Rules and
Regulations regarding leasing, including the implementation of this restriction,
and for implementation of other restrictions in the Declaration and as allowed by
law.
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Section 8.16 Nuisances.
No nuisance shall be permitted within the Community, nor any use, activity or
practice which is the source of unreasonable annoyance or embarrassment to, or which
unreasonably offends or disturbs, any Owner or which may unreasonably interfere with
the peaceful enjoyment or possession of the proper use of a Lot or Common Elements, or
any portion of the Community by Owners. Further, no improper, offensive or unlawful
use shall be permitted within the Community or any portion thereof. As used in this
Declaration, the term "nuisance' shall not include activities of Declarant or its assignees
which are reasonably necessary to the development and construction of Improvements
within this Community; provided, however, that such activities shall not reasonably
interfere with any Owner's use and enjoyment of their Lot, or any Owner's ingress and
egress to or from their Lot or a public way.
Section 8.17 Use of Common Elements.
There shall be no obstruction of the Common Elements, nor shall anything be kept or
stored on any part of the Common Elements without the prior written approval of the
Association. Nothing shall be altered on, constructed in, or removed from the Common
Elements without the prior written approval of the Association.
Section 8.18 Antenna.
"Permitted Antennas" are defined as:
(a) an antenna which is less than one meter in diameter and is used to
receive direct broadcast satellite service, including direct -to -home satellite
services, or is used to receive or transmit fixed wireless signals via satellite;
(b) an antenna which one meter or less in diameter and is used to receive
video programming services via multipoint distribution services, including
multichannel multipoint distribution services, instruction television fixed services,
and local multipoint distribution services or is used to receive or transmit fixed
wireless signals other than via satellite;
(c) an antenna which is designed to receive or broadcast television
signals; or
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(d) other antennas which are expressly permitted under applicable federal
statutes or regulations.
In the event a Permitted Antenna is no longer expressly permitted under applicable
federal statutes or regulations, such antenna will no longer be a Permitted Antenna for
purposes of this Section.
Permitted Antennas shall be installed in the least conspicuous location available on a
Lot which permits acceptable signals, without unreasonable delay or increase in the cost
of installation, maintenance or use of the Permitted Antenna. The Association may adopt
rules regarding regulation location and installation of Permitted Antennas, subject to
limitations of applicable federal law. Except as allowed by federal statutes and, no
exterior television or any other antennae, microwave dish, satellite dish, satellite antenna,
satellite earth station, or similar device of any type shall be erected, installed, or
maintained on a Lot.
Section 8.19 No Unsi&htli:ness..
All unsightly conditions, structures, facilities, equipment, objects and conditions shall
be enclosed within an approved structure.
Section 8.20 Restriction on Signs and 'Flaes.
Signs, posters, billboards, and flags (including flag poles) may be displayed in
accordance with Colorado law. The Association may prohibit signs and flags bearing
commercial messages, and may establish reasonable, content -neutral regulations
addressing the number, placement, or size of the signs and flags, and other objective
factors as permitted by Colorado law.
Section 8.21 Prohibition of MariiUana Distribution and Growine.
No Owner or occupant of a Lot may utilize such Lot for the purpose of growing or
distributing marijuana or medical marijuana. This prohibition may further be clarified
by the Board of Directors through Rules and Regulations. Owners will be responsible for
any damage resulting from a violation of this restriction, including but not limited to
increased water and utility charges.
Section 8.22 Prohibited Activities
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No Owner or occupant of a Lot may engage in any activity or practice which, in the
sole discretion of the Board, is considered a threat to the health and/or safety of other
Owners and residents within the Community, including but not limited to, hoarding,
creating conditions conducive to indoor fires, allowing Townhomes to fall into a state of
disrepair to the point that rodents or other pests enter, or any other conditions which
could cause damage or harm to other Townhomes in the Community. No smoking
allowed in properties.
Section 8.23 Restriction on Sale of a Lot.
The right of an Owner to sell, transfer or otherwise convey their Lot shall not be
further restricted or subject to any right of first refusal or similar restriction.
Section 8.24 No Restrictions on MortZa4ing of a Lot.
There are no restrictions on the right of the Owners to mortgage or otherwise
encumber their Lot. There is no requirement for the use of a specific lending institution
or particular type of lender.
Section 8.25 Rules and Regulations.
In furtherance of the provisions of this Declaration, and the general plan, Rules and
Regulations concerning and governing the Community or any portion thereof may be
adopted, amended, or repealed from time to time by the Executive Board, or its
successors and assigns. The Executive Board may establish and enforce penalties for the
infraction thereof.
Section 8.26 Declarant's Use.
Notwithstanding anything to the contrary contained in this Declaration, it shall be
expressly permissible for Declarant, its assigns, employees and agents, and any others
with reserved Development Rights (as and if allowed for under this Declaration) to
perform such reasonable activities, and to maintain upon portions of the Community
such facilities as deemed reasonably necessary or incidental to the construction and sale
of Lots in the development of the Community, specifically including, without limiting
the generality of the foregoing, the maintenance of temporary business offices, storage
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areas, trash bins, construction yards and equipment, signs, model units, temporary sales
offices, parking areas and lighting facilities.
Section 8.27 Use of the Words Rivers Run Flats and Rivers Run Flats Homeowners �1�1,s ociation,
Inc.
No resident shall use the words Rivers Run Flats or Rivers Run Flats Homeowners
Association, Inc. or the logo of the Community or Association, if any, or any derivative
thereof, in connection with any goods, materials or services, the use of which is likely to
cause confusion, mistake or deception as to the source or origin of such goods, materials
or services, without the prior written consent of the Association.
ARTICLE 9 ARCHITECTURAL REVIEW
Section 9.1 Ret wired. A p�roval.
No structures, including, but not limited to, primary residence, accessory buildings,
sheds, swimming pools, antennas, flag poles, fences, walls, exterior lighting,
landscaping, yard or decorative ornaments or any other Improvement shall be
constructed erected or installed on a Lot, nor shall any alteration or change to the exterior
of the Improvements, the exterior of a residence, to a Lot or to any structure or any
attachment to the exterior of a residence (including paint, awnings, patios, decks, or
shutters) be commenced within the Community unless complete plans and specifications
shall have been first submitted to and approved in writing by the Architectural Review
Committee ("Committee'). Only house numbers and mail boxes which have been
approved by the Committee shall be used and maintained on any Lot within the
Con-tinunity. 'the Committee may require that applications of Owners and their plans
and specifications show exterior design, height, materials, color, location of the structure
or addition to the structure or proposed Improvement (plotted horizontally and
vertically), location and size of driveways, walls, and grading plan, as well as such other
materials and information as may be required by the Committee.
Section 9.2 Acknowledgment of Owners.,
Owners acknowledge, accept and agree to the following:
(a) Owners will not commence construction or installation of an
improvement until they have submitted improvement plans and specifications
and received written approval from the Committee;
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(b) Owners shall immediately comply with any request by the
Association for additional information relating to an improvement prior to the
Committees approval of a request and/or prior to the completion of an
improvement. Failure to comply with such a request by an Owner shall result in
the withdrawal of Committee approval, if previously granted;
(c) Committee approval does not constitute approval of the local building
or zoning department, drainage design or structural soundness;
(d) Owners, by submitting an application for approval, hereby certify: (i)
they will construct or modify improvements located only on their own Lot or
upon Property which they have permission to construct, modify or improve; and
(i) they will not violate any easements, rights -of -way, or other rights appurtenant
to such Property.
(e) Owners shall notify the Committee of completion of the
improvement's installation or construction within five days of such completion;
(f) Upon completion of an improvement, Owners authorize the
Committee or its representative(s) to enter onto the Lot for exterior inspection;
(g) Failure of an Owner to notify the Committee of completion of an
approved improvement, or refusal to allow inspection, shall result in the
withdrawal of the Committee's approval;
(h) If the improvement as built does not conform to the improvement as
approved by the Committee, the Committees approval will be deemed
withdrawn, and upon written request of the Committee, Owners shall, at their
own expense and cost, promptly bring the improvement into compliance with the
submitted and approved plans and specifications;
(i) In the event of withdrawal of Committee approval for any reason(s)
cited in this Section, and upon written request from the Committee, the Owner, at
his or her expense and cost, shall promptly restore the Lot to substantially the
same condition as it existed prior to commencement of the improvement's
installation or construction, and such withdrawal will be deemed to toll the
statute of limitations as it pertains to the improvement until such time as the
improvement is brought into compliance.
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Section 9.3 Architectural Criteria.
The Committee shall exercise its reasonable judgment to the end that all attachments,
Improvements, construction, landscaping and alterations to Improvements on a
Lot or landscaping of a Lot shall comply with the requirements set forth in this
Declaration. The approval or consent of the Architectural Review Committee on matters
properly coming before it shall not be unreasonably withheld, and actions taken shall not
be arbitrary or capricious. Approval shall be based upon, but not limited to, conformity
and harmony of exterior appearance of structures with neighboring structures, effective
location and use of Improvements on nearby Lots, preservation of aesthetic beauty, and
conformity with the specifications and purposes generally set out in this Declaration.
Upon its review of such plans, specifications and submittals, the Architectural Review
Committee may require that the applicant(s) reimburse the Board for actual expense
incurred by it in its review and approval process.
Section 9.4 Establishment of the Architectural Review Committee.
The Architectural Review Committee shall consist of a minimum of three (3)
members. Until one hundred percent (100%) of all Lots in the Community have been
conveyed by the Declarant, Declarant shall appoint all members of the Architectural
Review Committee and may remove any appointee at any time upon written notice to
such appointee. After expiration of Declarant's appointment rights, the Architectural
Review Committee may then be comprised completely of Lot Owners without regard to
special qualifications and the members shall then be appointed by the Association. Until
that date, Declarant, in its sole discretion, may at any time grant the power of
appointment of the members of the Architectural Review Committee, and the chairman
thereof, to another or to the Association. Notwithstanding the above, appointments shall
be for staggered terms of a year different in termination so as to provide reasonable
continuity to the architectural review process.
Section 9.5 Architectural Guidelines.
The Committee may propose architectural guidelines from time to time, which
guidelines may be approved by the Board of Directors and included in or with any Rules
and Regulations of the Association.
Section 9.6 lZoply and Communication,
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The Committee shall reply to all submittals of plans made in accordance herewith in
writing within 30 days after receipt. In the event the Architectural Review Committee
fails to take any action on submitted plans and specifications within 30 days after the
Committee has received the plans and specifications, approval shall be deemed to be
granted; provided, however, even if the requirements of this Section are satisfied,
nothing in this Section shall authorize anyone to construct or maintain any structure or
Improvement that is otherwise in violation of the Declaration, architectural guidelines or
Rules and Regulations then in effect. All communications and submittals shall be
addressed to the Committee at such address as the chairman of the Committee shall
hereafter designate in writing addressed and mailed to the Owners.
Section 9.7 Variances.
The Committee may grant reasonable variances or adjustments from any conditions
and restrictions imposed by this Declaration in order to overcome practical difficulties
and unnecessary hardships arising by reason of the application of the conditions and
restrictions contained in these covenants or in architectural guidelines. Such variances or
adjustments shall be grantedonly when the granting thereof shall not be materially
detrimental or injurious to the other bats or Common Elements nor deviate substantially
from the general intent and purpose of this Declaration.
Section 9.8 Ri h� t -A-Weal.
An Owner may appeal any decision of the Architectural Review Committee to the
Board of Directors. The Board of Directors shall review the decision of the Architectural
Review Committee pursuant to the criteria set forth in this Declaration and the
architectural guidelines. Any decision of the Architectural Review Committee may be
overruled and reversed on appeal by a majority of the Directors by a written decision
setting forth the reasons for the reversal when the Directors conclude that the
Architectural Review Committees decision was inconsistent with the criteria set forth in
this Article and the guidelines.
Section 9.9 Corrimencement and Coo letitron of Construction.
All improvements approved by the Committee must be commenced within six
months days from the date of approval. If not commenced within such time, then such
approval shall be deemed revoked by the Committee, unless the Committee gives a
written extension for commencing the work. Additionally, except with written
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Committee approval otherwise, and except for delays caused by strikes, fires, national
emergencies, critical materials shortages or other intervening forces beyond the control
of the Owner, all work approved by the Committee shall be completed within six months
days of commencement.
Section 9.10 Waivers.
The approval or consent of the Committee, or appointed representative thereof, to
any application for architectural approval shall not be deemed to constitute a waiver of
any right to hold or deny approval or consent by the Committee as to any application or
other matters subsequently or additionally submitted for approval or consent.
Section 9.11 Lia
The Committee and the members thereof, as well as any representative of the Board
designated to act on its behalf, shall not be liable in damages to any person submitting
requests for approval or for any approval, or failure to approve or disapprove in regard
to any matter within its jurisdiction under these covenants. Neither the Board nor the
Committee shall bear any responsibility for ensuring the design, quality, structural
integrity or soundness of approved construction or modifications, nor for ensuring
compliance with building codes, zoning regulations and other governmental
requirements. The Association will not make any investigation into title, ownership,
easements, rights -of -way, or other rights appurtenant to Property with respect to
architectural requests and shall not be liable for any disputes relating to the same.
Section 9.12 Enforcement.
Enforcement of these covenants, restrictions, charges and other provisions, as
amended, may be by any proceeding at law or in equity against any person or persons
violating or attempting to violate any such provision. The Association shall have the
right but not the obligation to institute, maintain and prosecute any such proceedings. In
any action instituted or maintained under this Section, the Association shall be entitled to
recover its costs and reasonable attorney fees incurred pursuant thereto, as well as any
and all other sums awarded by the court. Failure of the Association to enforce any
covenant or restriction contained in this Section shall in no event be deemed a waiver of
the right to do so thereafter.
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ARTICLE 10 DEVELOPMENT RIGHTS AND SPECIAL
DECLARANT RIGHTS
Section 10.1 jDNeygi(nt Rights and Spechal Declarant Rights.
The Declarant reserves, through seven years after the recording of this Declaration,
the following Development Rights and Special Declarant Rights:
(a) the right to relocate boundaries between adjoining Lots owned by the
Declarant, subdivide Lots owned by Declarant or complete or make
improvements, as thesarrie may be indicated on Maps or Plats filed of record; (b)
the right to enlarge or reduce the Common Elements and to create additional
Lots, subject to the limitations set forth in Section 4.1 of this
Declaration;
(c) the right to add Lots and to subject all or any part of the property
described in Exhibit A attached hereto and hereby incorporated by reference and
additional unspecified real estate to the provisions of this Declaration subject to
the limitations set forth in this Declaration-;
(d) the right to exercise any additional reserve right created by any other
provision of this Declaration;
(e) the right to withdraw Lots owned by Declarant from the Con-ununity
and the terms of this Declaration, except for lots with dwellings once a dwelling
on that Lot has been conveyed, and as allowed and within applicable parameters
of the Act. Such withdrawal may be accomplished by the execution,
acknowledgment and recordation of a notice of withdrawal. The notice of
withd,rawa I (i) shall be executed and acknowledged by the Owner or Owners of
the property to be withdrawn; (ii) shal I, if not then owned by Declarant, contain
the executed and acknowledged written consent of Declarant for so long as
Declarant owns any property in the Community and has the power to annex
additional property to the Community; (iii) shall contain an adequate legal
description of the property to be -oAtholrawn, (iv) shall contain a reference to the
Supplemental Declaration for the portion of the Real Property to be withdrawn,
which reference shall state the date thereof and the date of recordation thereof;
and (v) shall contain a statement and declaration that the property sought to be
withdrawn is withdrawn from the Community and from the effect of this
Declaration;
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(f) the right to amend the Declaration to add unspecified real estate in
accordance with Section 222 of the Act;
(g) the right to amend the use restrictions included in this Declaration,
together with the right to add new use restrictions;
(h) the right to amend the Declaration in connection with the exercise of
any development right;
(i) the right to amend the Maps or Plats in connection with the exercise of
any development right.
0) the right to make amendments to the Declaration, Bylaws or Articles of
Incorporation to meet or comply with any requirement of FHA or VA; and
(k) The rights reserved to Declarant, for itself, its successors and assigns,
shall expire as set forth above, unless (i) reinstated or extended by the
Association, subject to whatever terms, conditions, and limitations the Board may
impose on the subsequent exercise of the expansion rights by Declarant, (ii)
extended as allowed by law, or (iii) terminated by written instrument executed by
the Declarant, recorded in the real property records of the Pueblo County.
Section 10.2 Additional Reserved Rights.
hi addition to the rights set forth above, Declarant also reserves the following
additional rights:
(a) Sales. The right to maintain mobile and other sales offices, parking
lots, management offices and models on Lots of the Declarant.
(b) Construction Easement. Declarant and its assignees expressly reserve to
itself the right to perform warranty work, and repairs and construction work, and
to store materials in secure areas, in Lots and in Common Elements, and the
future right to control such work and repairs and the right of access thereto, until
completion. All work may be performed without the consent or approval of any
Owner or holder of a security interest. Declarant and its assignees have such an
easement through the Common Elements as may be reasonably necessary for
exercising reserved rights in this Declaration. Such easement includes the right to
construct underground utility lines, pipes, wires, ducts, conduits, and other
facilities across the Property.
Section 10.3 Rights 1"ransferr blc 'lei hts `rra;nsferred.
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Any rights created or reserved under this Article or the Act for the benefit of
Declarant may be transferred to any person by an instrument describing the rights
transferred recorded in the real property records of the Pueblo County. Such instrument
shall be executed by the transferor Declarant and the transferee. The rights transferred
may then be exercised in compliance with the requirements of C.R.S. §3833.3-210 and
C.R.S. §38-33.3-209(6) without the consent of the Association, any Owners or any holders
of a security interest in a Lot. Any rights created or reserved under this Article or the Act
for the benefit of Declarant may also be transferred to the Association by an instrument
describing the rights transferred recorded in the real property records of the Pueblo
County. Such instrument shall be executed by the transferor Declarant and the
Association as transferee. The rights transferred may then be exercised by the
Association in compliance with the requirements of C.R.S. §38-33.3-210 and C.R.S.
§3833.3-209(6) with the consent of the appropriate Owner(s) or any holders of a security
interests on the Lot(s).
Section 10.4 No Further Authorizations Needed.
Except as set forth in this Declaration, the consent of Owners or holders of security
interests shall not be required for exercise of any reserved rights, and Declarant or its
assignees may proceed without limitation at its sole option. Declarant or its assignees
may exercise any reserved rights on all or any portion of the property in whatever order
determined. Declarant or its assignees shall not be obligated to exercise any reserved
rights or to expand the Community beyond the number of Lots initially submitted.
Section 10.5 Amendment of the Declaration or Plat.
If Declarant or its assignees elect to exercise any reserved rights, that party shall
comply with the Act.
Section 10.61nterpret ttion
Recording of amendments to the Declaration and the plat or plats pursuant to
reserved rights in this Declaration shall automatically effectuate the terms and provisions
of that amendment. Further, such amendment shall automatically (a) vest in each
existing Owner the reallocated Allocated Interests appurtenant to their Lot, and (b) vest
in each existing security interest a perfected security interest in the reallocated Allocated
Interests appurtenant to the encumbered Lot. Further, upon the recording of an
amendment to the Declaration, the definitions used in this Declaration shall
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automatically be extended to encompass and to refer to the Community as expanded and
to any Additional Improvements, and the same shall be added to and become a part of
the Community for all purposes. All conveyances of Lots after such amendment is
recorded shall be effective to transfer rights in all Common Elements, whether or not
reference is made to any Amendment of the Declaration or Plat. Reference to the
Declaration and Plat in any instrument shall be deemed to include all Amendments to
the Declaration, and the Plat without specific reference thereto.
Section 10.7 Construction.
Subsequent to the initial Property and improvements made subject to this
Declaration, any additional buildings, structures and types of improvements to be placed
on the Property or any part thereof may be of such quality and type as the persons
developing the same may determine, and those improvements need not be of the same
quality or type as the Improvements previously constructed on the Property, nor of the
same size, style or configuration. The improvements may be located anywhere in the
Common Elements of the Community, the same being reserved for future development,
or on the additional Property as may be added or as shown on the Plat.
Section 10 8 "1"eraraina.tion of Deserved Rights.
The rights reserved to Declarant, for itself, its successors and assigns, shall expire as
set forth above or in the Act, unless (i) reinstated or extended by the Association, subject
to whatever terms, conditions, and limitations the Executive Board may impose on the
subsequent exercise of the expansion rights by Declarant, (ii) extended as allowed by law
or, (iii) terminated by written instrument executed by the Declarant, recorded in the
records of the Clerk and Recorder of the Pueblo County, State of Colorado.
ARTICLE 11 INSURANCEWONDEMNATION
Section 11.11nsurance to be Carried L)y the Association.,
The Association shall obtain and maintain in full force and effect to the extent
reasonably available, and at all times, the insurance coverage set forth in this Declaration,
which insurance coverage shall be provided by financially responsible and able
companies duly authorized to do business in the State of Colorado. All insurance
purchased by the Association shall be purchased from companies with ratings of "A" or
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better, to the extent that insurance is available at reasonable cost to the Association
through such companies.
Section 11.2 Real ProDertv lnsurange on the Townhouses and Common Elements.
(a) The Association shall obtain insurance providing all risk coverage or
the nearest equivalent available for the full replacement cost, without deduction
for depreciation, for all insurable improvements located on the Common
Elements, the Townhomes, and the other property of the Association.
(b) The Associations insurance policy shall cover that property within the
Community as set forth in Exhibit F of this Declaration, regardless of ownership.
(c) If the Board of Directors changes policies so that a lesser level of
coverage is provided, the Board shall notify all Owners in writing at least 10 days
prior to the commencement of the policy with reduced coverage.
(d) All policies shall contain a standard non-contributory mortgage clause
in favor of each first mortgagee, and their successors and assigns, which shall
provide that the loss, if any thereunder, shall be payable to the Association for the
use and benefit of such first mortgagee, and their successors and assigns, as their
interests may appear of record in the records of the office of the Clerk and
Recorder of Pueblo County.
(e) The Association may also obtain any additional endorsements which it
deems advisable and in the best interests of the Community by the Board of
Directors.
(f) The insurance described in this Section shall be inflation coverage
insurance, if such insurance is available, which shall at all times represent 100% of
the replacement value of all facilities in the Common Elements except land,
foundation, excavation and other items normally excluded from coverage and
except for any deductible provisions as permitted under this Article.
(g) At least every three years, the Association may obtain an appraisal for
insurance purposes which shall be maintained as a permanent record showing
that the insurance in any year represents 100% of the replacement value of each
Lot and the facilities in the Common Elements. (h) The Associations
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insurance policy may contain a reasonable deductible, and the amount thereof
shall not be subtracted from the face amount of the policy in determining whether
the insurance equals at least the replacement cost of the insured property.
Section 11.3 Association Flood Insurance.
The Association shall obtain flood insurance to the extent required by the Federal
Emergency Management Agency (FEMA) or any other governmental agency.
Section 11.4 Liability Insurance.
The Association shall obtain a comprehensive policy of public liability and property
damage liability insurance covering all of the Townhomes (excluding liability within
each Townhome) and the Common Elements, including structural coverage of the
Townhomes, in such limits as the Board may from time to time determine, but not in any
amount less than a combined single limit of $1,000,000.00, and in all cases covering all
claims for bodily injury or property damage. Coverage shall include, without limitation,
liability for personal injuries, operation of automobiles on behalf of the Association, and
activities in connection with the ownership, operation, maintenance and other uses of the
Lots and the Common Elements. The foregoing liability insurance shall name the
Association as the insured.
Section 11.5 Fidelity Insurance.
The Association shall obtain fidelity coverage or fidelity bonds to protect against
dishonest acts on the parts of its officers, directors, trustees, volunteers and employees
and on the part of all others who handle or are responsible for handling the funds of the
Association, including persons who serve the Association with or without compensation.
The clause 'officers, directors, trustees and employees" shall not include any officer,
director, agent or employee of any independent, professional manager or managing
agent heretofore or hereafter employed by the Association. The fidelity coverage or
bonds should be in an amount sufficient to cover the maximum funds that will be in the
control of the Association, its officers, directors, trustees and employees, as required by
law. If the Association retains a Managing Agent, the Managing Agent shall be required
to provide such fidelity insurance covering itself and its employees and naming the
Association as the loss payee.
Section 11.6 Workers Compensation.
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The Association shall obtain and maintain workers compensation and employer's
liability insurance and all other similar insurance with respect to employees of the
Association in the amounts and in forms now or hereafter required by law.
Section 11.7 Director and Officer Liability lnsurance.
The Association shall purchase directors and officers' insurance in an amount
reasonably necessary to protect the directors and officers.
Section 11.8 Other Insurance.
The Association may obtain insurance against such other risks, of similar or
dissimilar nature as it shall deem appropriate with respect to the Associations
responsibilities and duties.
Section 11.9 Miscellaneous Ti r—, Oovernln no Insurance Carried by the Association.
The Association shall maintain, to the extent reasonably available and necessary,
policies with the following terms or provisions:
(1) All policies of insurance shall provide that each Owner is an insured
under the policy with respect to liability arising out of such Owner's membership
in the Association.
(2) All policies of insurance shall contain waivers of subrogation against
any Owner or member of his or her household.
(3) All policies of insurance shall contain waivers of any defense based on
invalidity arising from any acts of an Owner and shall provide that such policies
may not be canceled or modified without at least 60 days prior written notice to
all of the Owners, holders of First Mortgages and the Association.
(4) If requested, certificates of insurance and renewals thereof, together
with proof of payments of premiums, shall be delivered to all First Mortgagees at
least 10 days prior to expiration of the then current policies.
(5) All liability insurance shall, be carried in blanket form warning the
Association, the Board, the manager or managing agent, if awry, and the officers of
the Association, as insureds.
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(6) Prior to renewing casualty insurance and not less than every three
years, pursuant to the provisions hereof, the Board may obtain an appraisal from
a duly qualified real estate or insurance appraiser, which appraiser shall
reasonably estimate the full replacement cost of the Townhomes and the Common
Elements, without deduction for depreciation, review any increases in the cost of
living, and/or consider other factors, for the purpose of determining the amount
of the insurance to be effected pursuant to the provisions hereof. In no event shall
any casualty insurance policy contain a co-insurance clause.
(7) All policies of insurance of the Association shall be primary, providing
the primary insurance of the loss, if there is other insurance in the name of the
Owner.
(8) All policies of insurance shall provide that the insurance thereunder
shall not be invalidated, suspended, voidable or have any condition of recovery
due to an act or omission by any Owner, only in respect to the interest of any
particular Owner guilty of a breach of warranty, act, omission, negligence or non-
compliance of any provision of such policy, including payment of the insurance
premium applicable to the Owner's interest, or who permits or fails to prevent the
happening of any event, whether occurring before or after a loss, which under the
provisions of such policy would otherwise invalidate or suspend the entire policy,
but the insurance under any such policy, as to the interests of all other insured
Owners not guilty of any such act or omission, shall not be invalidated or
suspended and shall remain in full force and effect.
Section 11.10 lnsurguice Obtained by Owners.
Each Owner shall be responsible for maintaining insurance which covers his Lot to
the extent not covered by policies maintained by the Association. Such insurance shall
include, but may not be limited to, furnishings and personal or other property in the
Townhome and liability insurance for injury, death or damage in the Townhome or upon
the Lot. Any such policy shall contain waivers of subrogation and shall be so written
that the liability of the carriers issuing insurance obtained by the Association shall not be
affected or diminished thereby.
Section 11.11 Insurance Premium.
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Except as assessed in proportion to risk, insurance premiums for the above provided
insurance shall be a Common Expense to be included as a part of the annual
Assessments levied by the Association.
Section 11.12 Ma naizine A ent Insurance.
The manager or managing agent, if any, shall be insured for the benefit of the
Association, and shall maintain and submit evidence of such coverage to the Association,
including professional liability or errors and omissions insurance, workers'
compensation, unemployment and fidelity coverage.
Section 11.13 Waiver of Claia s A zainst Association.
As to all policies of insurance maintained by or for the benefit of the Association and
Owners, the Association and the Owners hereby waive and release all claims against one
another and the Board, to the extent of the insurance proceeds available, whether or not
the insurance damage or injury is caused by the negligence of or breach of any
agreement by these persons.
Section 11.14 Adjustments by the Association.
Any loss covered by an insurance policy described above shall be adjusted by the
Association, and the insurance proceeds for that loss shall be payable to the Association,
and not to any first mortgagee. The Association shall hold any insurance proceeds in
trust for the Association, Owners and first mortgagees as their interests may appear. The
proceeds must be distributed first for the repair or restoration of the damaged property,
and the Association, Owners and first mortgagees are not entitled to receive payment of
any portion of the proceeds unless there is a surplus of proceeds after the damaged
property has been completely repaired or restored. If the insurance proceeds are
insufficient to cover the cost of repair or reconstruction, the Association may levy a
Special Assessment to cover the short fall (or deductible) pursuant to this Declaration.
Section 11.15 gLut�Ltowlpia�i.r
Any portion of the Property and Common Elements for which insurance is required
under this Article which is damaged or destroyed must be repaired or replaced promptly
by the Association or Owner.
Section 11.16 Condemnation and Casual Insurance Allocations and Distributions.
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In the event of a distribution of condemnation proceeds or hazard insurance proceeds
to the Owners, the distribution shall be to the parties as their interests and rights are
determined or allocated by record or as set forth in the Act.
Section 11.17 Responsibility for Payment of Deductible Amount..
Whether the Board, in its discretion, chooses to submit a claim under the Association
insurance policies or not, the payment of the deductible amount for claims which the
Association is responsible for insuring shall be as follows:
(a) The Association shall pay or absorb the deductible amount for any
work, repairs or reconstruction for damage to Common Elements unless the
damage is the liability of an Owner, his family, guests, or invitees, as set forth in
this Declaration, in which case the Association shall seek reimbursement of the
deductible amount as an Assessment in compliance with and under the terms of
this Declaration. Any Owner who receives the proceeds of any Association
insurance shall be responsible for the payment of the deductible in proportion to
the percentage of insurance proceeds received. Such deductible shall be due
within 10 days of notification and shall be considered a Common Expense
Assessment allocated directly to the Lot and shall be collected as provided in this
Declaration.
(b) Any loss falling within the deductible portion of the Association
policies to property for which Owners have repair and maintenance responsibility
shall be paid or absorbed by the Owners of the Lots involved in the same
proportion as each Owner's claim bears to the total amount of insurance proceeds
paid for the occurrence.
(c) The Owner shall pay or absorb the deductible for any loss to the Lot
that would be the responsibility of the Owner in the absence of insurance unless
the loss is caused by the negligent or willful act or omission of the Association or
another Owner, in which case the negligent party shall be responsible for the
deductible. If a negligent Owner fails to pay the deductible for damage to a Lot,
the Association may, but shall not be obligated to seek the deductible on behalf of
the Owner suffering the loss as provided in this Declaration for the collection of
Assessments.
(d) If a Lot or Party Wall is damaged, then the Owner of that Lot or the
Owners sharing the Party Wall shall have primary responsibility, either directly
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or through his insurance company, for handling and paying for, any work,
repairs, reconstruction or replacement.
Section 11.18 Insurance Assessments.
If the proceeds of insurance are not sufficient to defray the costs of reconstruction and
repair due to deductibles allocated to the Association or failure of the Association to
maintain coverage to defray costs of repair and reconstruction which in the absence of
insurance would be the maintenance responsibility of the Association, the deductible or
additional cost shall be a Common Expense. Notwithstanding the Special Assessment
procedure set forth this Declaration, the insurance Assessment shall be ratified unless
vetoed by 90 % of the Members pursuant to Section 303(4) of the Act and as set forth in
the Bylaws, as the Bylaws may be amended from time to time.
Section 11.19 Association as Atto me -in-Fact.
Each Owner hereby irrevocably appoints the. Association as the Owner's true and
lawful attorney -in -fact for the purposes of dealing with any improvements covered by
insurance written in the name of the Association pursuant to this Article upon their
damage or destruction as provided in this Declaration, or a complete or partial taking or
condemnation as provided in this Declaration. Acceptance by a grantee of a deed or
other instrument of conveyance conveying any portion of the Property shall constitute
appointment of the Association as the grantee's attorney -in -fact, and the Association
shall have full authorization, right, and flower to rake, execute, and deliver any
contract, assignment, deed, waiver, or other instrument with respect to the interest of
any Owner which may be necessary to exercise the powers granted to the Association as
attorney -in -fact. Furthermore, if so requested, an Owner shall execute a separate
instrument specifically setting forth this appointment.
Section 11.20 )'a anent of C.lainis to Deli na uerat Owner .,
Notwithstanding anything to the contrary in this Declaration, the event of an insured
loss under the Association's master hazard insurance policy for which the Association
receives from the insurer payment for a loss sustained by an Owner who is delinquent in
payment of Assessments owed to the Association under this Declaration hereof, then the
Association may retain and apply such proceeds recovered to the delinquency. Any
Surplus remaining after application of the proceeds to any delinquency shall be paid by
the Association to the affected Owner.
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ARTICLE 12 DISPUTE RESOLUTION PROCEDURES
Section 12.1 Alternate Disoute Resolution.
The (a) Declarant, (b) Association (including its officers, directors and committee
members), (c) all Owners, and (d) any other person or entity not otherwise subject to this
Declaration who agrees to submit to this Article (a "Bound Party") agree to encourage the
amicable resolution of disputes involving the Community without the emotional and
financial costs of litigation. Accordingly, each Bound Party hereby covenants and agrees
to submit all claiMS, grievances, controversies or disputes arising out of or relating to the
interpretation, application or enforcement of this Declaration, the Bylaws, the Rules and
Regulations of the Association, the design or construction of any improvements on the
Property, or otherwise relating to the Community (the "Claims") to the dispute resolution
procedures set forth in this Article, with the exception of the "Exenipt Claims," described
in this Article.
Section 12.2 Exempt Claims
The provisions of this Article shall not apply to, and the term "Claims" shall not
include, any of the following: (a) the imposition and collection of Assessments or other
charges levied under the Abse%.-ments section of this Declaration, including actions to
foreclose assessment liens; (b) a suit by the Association to obtain a injunctive relief; (c)
proceedings involving challenges to ad valorem taxation, (d) counterclaims brought by
the Association in proceedings instituted against it; (e) claims of the Association; and (f)
excluding claims related to Declaration, claims against a non -Bound Party.
Section 12.3 Claim Resolution Procedures.
All Claims other than Exempt Claims shall be resolved using the following
procedures in lieu of litigation:
(a), Any Bound Party having a Claim ("Claimant") against any other
Bound Party ("Respondent"), other than an Exempt Claim, shall notify each
Respondent in writing of the Claim (the ... Notice"), stating plainly and concisely (i)
the nature of the Claim, including the date, time, location, persons involved, and
Respondent'.,,; role in the Claim, (H) the basis of the Claim (i.e. the provisions of
this Declaration, the Bylaws, the Articles, Rule,-, or Regulations or other authority
out of which the Claim arises); (iii) what Claimant wants Respondent to do or not
do to resolve the Claim; and (iv) that Claimant wishes to resolve the Claim by
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mutual agreement with Respondent, and is willing to meet in person with
Respondent at a mutually agreeable time and place to discuss in good faith ways
to resolve the Claim.
(b) Each Claimant and Respondent (the "Parties") shall make every
reasonable effort to meet in person and confer for the purpose of resolving the
Claim by good faith negotiation.
(c) Upon receipt of a written request from any Party, accompanied by a
copy of the Notice, the Board may appoint a representative to assist the Parties in
resolving the dispute by negotiation, if in its discretion it believes its efforts will
be beneficial to the Parties and to the welfare of the Community.
(d) If the Parties do not resolve the Claim through negotiation within
thirty (30) days of the date of the Notice (or within such other period as may be
agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have
thirty (30) additional days within which to submit the Claim to mediation under
the auspices of an independent mediation service designated by the Association
or such other mediator upon which the Parties may agree.
(e) If Claimant does not submit the Claim to mediation within 30 days
after Termination of Negotiations, Claimant shall be deemed to have waived the
Claim, and Respondent shall be released and discharged from any and all liability
to Claimant on account of such Claim; provided, nothing herein shall release or
discharge Respondent from any liability to persons or entities not a Party to the
foregoing proceedings.
(f) If the Parties do not settle the Claim within 30 days after submission of
the matter to the mediation process, or within such time as determined reasonable
or appropriate by the mediator, the mediator shall issue a notice of termination of
the mediation proceedings ("Termination of Mediation"). The Te urination of
Mediation notice shall set forth when and where the parties met, that the Parties
are at an impasse, and the date that mediation was terminated.
(g) Each Party shall, within 10 days of the Termination of Mediation,
make a written offer of settlement in an effort to resolve the Claim The Claimant
shall make a final written settlement demand ("Settlement Demand") to the
Respondent. The Respondent shall make a final written settlement offer
("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement
Demand, Claimant's original Notice shall constitute the Settlement Demand. If
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the Respondent fails to make a Settlement Offer, Respondent shall be deemed to
have made a "zero" or "take nothing" Settlement Offer.
(h) Subject to subsection (i) below, if the Parties do not agree in writing to
accept either the Settlement Demand, the Settlement Offer, or otherwise resolve
the Claim within 20 days of the Termination of Mediation, the Claimant shall
have 15 additional days to submit the Claim to arbitration in accordance with the
appropriate rules of the American Arbitration Association, or the Claim shall be
deemed abandoned, and Respondent shall be released and discharged from any
and all liability to Claimant arising out of such Claim; provided nothing herein
shall release or discharge Respondent from any liability to persons not a party to
the foregoing proceedings.
(i) If a Claim alleges that any improvements located on the Properties
suffer from construction or design defects, the following additional requirements
must be satisfied before such a Claim may be submitted to arbitration: (a) if the
Claim relates to one or more Townhomes or Single Family Homes, the written
approval of the Owner of each such Townhome or Single Family Home and the
First Mortgagee on each such residence shall be obtained; (b) if the Claim relates
generally to improvements on the Common Elements, the written approval of at
least 67% of all Owners must be obtained, together with the written approval of
First Mortgagees holding First Mortgages on at least 67% of the Lots; and (c) if the
Claim is to be pursued by the Association, the Association shall hold a meeting of
the Members no sooner than ten (10) days following the Association providing a
written statement to all Owners and First Mortgagees discussing the potential
Claim. Such written statement must include at least the following information: (I)
a statement of the Claim and the Declarant's response thereto, including any
settlement offer; (II) an estimate of the time and costs of pursuing such Claim, (III)
the potential impact of the Claim on the marketability of the Lots; and (M a
statement advising the Owners of their duty to disclose the Claim or alleged
defect to prospective purchasers of their Lots. Such written statement shall also
be sent to the Declarant at least 10 days before such meeting and the Declarant
shall have the right to attend and make a presentation at such meeting.
0) This Article is an agreement of the Bound Parties to arbitrate all
Claims except Exempt Claims and is specifically enforceable under the applicable
arbitration law of the State of Colorado. The arbitration award (the "Award")
shall be final and binding, and judgment may be entered upon it in any court of
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competent jurisdiction to the fullest extent permitted under the laws of the State
of Colorado.
(k) If the Claims are resolved through negotiation or mediation as
provided above, each Bound Party shall bear all of its own costs incurred in
resolving the Claims, including its attorney fees and mediation expenses, unless
the Bound Parties otherwise agree. If the Claims are not resolved through
negotiation or mediation as provided above and the Claims go to binding
arbitration, the "Prevailing Party" shall receive as a part of its Award from the
opposing Party(ies) all of its costs, including attorney fees, costs for other
representatives in resolving such Claim, and any expenses incurred as a result of
the dispute resolution procedures of this Article.
(1) For purposes of subparagraph (k) above, if the Award is equal or more
favorable to Claimant than Claimant's Settlement Demand, the Claimant shall be
deemed to be the Prevailing Party; if the Award if equal to or less favorable to
Claimant than any Respondent's Settlement Offer, such Respondent shall be
deemed to be the Prevailing Party. If neither of the above apply, neither party
shall be deemed a Prevailing Party and each shall bear its own costs and expenses,
including attorney fees.
(m) If the Parties agree to resolve any Claim through negotiation or
mediation as set forth above, and any Party thereafter fails to abide by the terms
of such agreement, or if any Party fails to comply with the Award, then any other
Party may file suit or initiate administrative proceedings to enforce such
agreement or Award without need to comply with the provisions of this Article.
In such event, the Party taking action to enforce the agreement or Award shall be
entitled to recover from the non -complying Party (or if more than one
noncomplying Party, from all such Parties pro rata) all costs incurred in enforcing
such agreement or Award, including without limitation, attorney fees and costs.
Section 12.4 Amendment of Articles 8 and 10
Articles 8 and 10 shall not be amended in whole or in part without the express
written consent of the Declarant for a period of 20 years after recordation of this
Declaration.
ARTICLE 13 GENERAL PROVISIONS
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Section 13.1 Gorrpl ianc°e mad. E nforceinent
(a) Every Owner and occupant of a Lot shall comply with the Governing
Documents, and each Owner shall have the right to enforce the covenants and
restrictions, as set forth in this Declaration.
(b) The Association, acting through the Board, may enforce all applicable
provisions of this Declaration, and may impose sanctions for violation of the
Governing Documents. Such sanctions may include, without limitation:
(i) imposing reasonable monetary fines, after notice and
opportunity for a hearing, which fine shall constitute alien upon the
violator's Lot. (In the event that any occupant, guest, or invitee of a Lot
violates the Governing Documents and a fine is imposed, at the Board's
discretion, the fine may first be assessed against the violator; provided,
however, if the fine is assessed against the violator and is not paid by the
violator within the time period set by the Board, the Owner shall pay the
fine upon notice from the Board and the opportunity for a hearing have
been provided);
(ii) suspending the right to vote;
(iii) exercising self-help (including, but not limited to, performing
such maintenance responsibilities which are the Owner's responsibility
under this Declaration and assessing all costs incurred by the Association
against the Lot and the Owner as an Assessment) or taking action to abate
any violation of the Governing Documents;
(iv) requiring an Owner, at the Owner's expense, to remove any
structure or Improvement on such Owner's Lot in violation of the
Governing Documents and to restore the Lot to its previous condition and,
upon failure of the Owner to do so, the Board or its designee shall have the
right to enter the property, remove the violation and restore the property
to substantially the same condition as previously existed, at the Owner's
expense, and any such action shall not be deemed a trespass;
56
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(v) without liability to any person, the Association precluding
any contractor, subcontractor, agent, employee, or other invitee of an
Owner who fails to comply with the terms and provisions of this
Declaration from continuing or performing any further activities in the
Community;
(vi) levying specific Assessments to cover costs incurred by the
Association to bring a Lot into compliance with the Governing Documents;
and
(vii) bringing suit at law or in equity to enjoin any violation or to
recover monetary damages or both.
(c) In addition to any other enforcement rights, if an Owner fails to
properly perform his or her maintenance responsibility, or otherwise fails to
comply with the Governing Documents, the Association may record a notice of
violation against the Owner and the Lot.
(d) All remedies set forth in the Governing Documents shall be
cumulative of any remedies available at law or in equity. In any action to enforce
the Governing Documents, the prevailing party shall be entitled to recover all
costs, including, without limitation, attorney fees and court costs, reasonably
incurred in such action.
(e) The decision of the Association to pursue enforcement action in any
particular case shall be left to the Board's discretion, subject to the duty to exercise
judgment and be reasonable, as provided for in this Declaration, and further
restricted in that the Board shall not be arbitrary or capricious in taking
enforcement action. A decision of the Association to not pursue enforcement
action shall not be construed as a waiver of the Association's right to enforce such
provisions at a later time under other circumstances or preclude the Association
from enforcing any other covenant, restriction or rule. Without limiting the
generality of the foregoing, the Board may determine that, under the
circumstances of a particular case:
(i) the Association's legal position is not strong enough to justify
taking any or further action;
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mill PrNEAMAITO LW AM MA114, 1111
(ii) the covenant, restriction or rule being enforced is, or is likely
to be construed as, inconsistent with applicable law; or
(iii) that it is not in the Association's best interests, based upon
hardship, expense or other reasonable criteria, to pursue enforcement
action.
Section 13.2 Attoniev Fees
If an Owner fails to pay any Assessment as provided in this Declaration, the
Association may require reimbursement for reasonable attorney fees and costs without
the necessity of commencing a legal proceeding. If an Owner or an Owner's farnily
member, guest, tenant, invitee or licensee fails to comply with any other provision of the
Governing Documents, the Association may seek reimbursement for reasonable attorney
fees and costs incurred as a result of such failure to comply, without the necessity of
commencing a legal proceeding. In a legal proceeding in any way related to the
Governing Documents or the Community, the court shall award to the prevailing party
reasonable, attorney fees and costs incurred in asserting or defending the claim. Such
reasonable attorney fees and costs, if awarded against an Owner shall be charged as an
Assessment and shall constitute a lien against the Lot.
Section 13.3 5tytrability.
Each of the provisions of this Declaration shall be deemed independent and
severable. If any provision of this Declaration or the application thereof to any person or
circumstances is held invalid, the invalidity shall not affect other provisions or
applications of this Declaration which can be given effect without the invalid provisions
or applications.
Section 13.4 Term of, Declaration.
The covenants and restrictions of this Declaration shall run with and bind the land in
perpetuity.
Section 13.5 Amendment of Declaration Map, or Plat by Declarant.
If Declarant shall determine that any amendments to this Declaration or the Plat shall
be necessary in order to make non -material changes, such as for the correction of a
tex-hnical, clerical or typographical error or clarification of a statement or for any changes
to property not yet part of the Community, then, subject to the following sentence of this
58
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mill RAPS RKINANHU
Section, Declarant shall have the right and power to make and execute any such
amendments without obtaining the approval of any Owners. Each such amendment of
this Declaration shall be made, if at all, by Declarant prior to the expiration of seven
years from the date this Declaration is recorded. In furtherance of the foregoing, a power
coupled with an interest is hereby reserved and granted to Declarant to make or consent
to an amendment under this section on behalf of each Owner and holder of a security
interest. Each deed, security interest, other evidence of obligation or other instrument
affecting a Lot and the acceptance thereof shall be deemed to be a grant and
acknowledgment of, and a consent to the reservation of, the power of Declarant to make,
execute and record an amendment under this Section.
Section 13.6 Amend merit of Declarafion by Owners.
Except as otherwise provided in this Declaration, and subject to provisions elsewhere
contained in this Declaration requiring the consent of Declarant or others, any provision,
covenant, condition, restriction or equitable servitude contained in this Declaration may
be amended, revised, removed or repealed, and new provisions, covenants, conditions,
restrictions or equitable servitudes may be added, at any time and from time to time
upon approval of Members holding at least 67% of the votes in the Association and with
the written consent of, the Association. Notice of any meeting at which a proposed
amendment will be considered shall state the fact of consideration and the subject matter
of the proposed amendment. Except to the extent expressly permitted in this Declaration
or the Act, no amendment may create or increase any special Declarant's rights, increase
the number of Lots in the Community, or change the boundaries of any Lot or the
Allocated hiterests of a Lot, or the uses to which any Lot is restricted, without
compliance with the Act. The amendment or repeal shall be effective upon the
recordation in the office of the Clerk and Recorder of the Pueblo County, State of
Colorado of a certificate setting forth the amendment in full and certifying that the
amendment has been approved as set forth above, and containing the written consent
and approval of the Association.
Section 13.7 Amendment Muired bv Mort gagfAgencies.
Prior to seven years after recording of this Declaration, any provision, covenant,
condition, restriction or equitable servitude contained in this Devlaration which a holder
of a first lien security interest, or FHA, VA, HUD, FHLA4C ("Freddie Mac"), GNNIA
("Ginnie Mae"), FNMA ("Farmie Mae"), or any similar entity authorized to insure,
guarantee, make or purchase mortgage loans requires to be amended or repealed may be
amended or repealed by Declarant. Any such amend merit or repeal shall be effective
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Candace Rivera Clerk fRecorder , Pueblo Coljnty CO
upon the recordation in the office of the Clerk and Recorder of Pueblo County, State of
Colorado of a certificate setting forth the aim,nd. ent or repeal in full.
Section 13.8 FHA/VA Approval.
As long as the Declarant has the right to appoint and remove officers and directors of
the Association, the following actions shall require the prior approval of the VA (so long
as the VA is guaranteeing any mortgage in the Community), and FHA (so long as FHA is
insuring any mortgage in the Community): annexation of additional property to the
Community; mergers and consolidations; dedication of Common Property to any public
entity; dissolution; mortgaging of Common Elements, and any amendment of a material
adverse nature to first mortgagees of the Declaration, Bylaws or Articles of
Incorporation.
Section 13.9 ecurit Disciai!ner.
The Association may, but shall not be required to, from time to time, provide
measures or take actions which directly or indirectly improve security in the
Community; however, each Owner, for himself or herself and his or her tenants, guests,
licensees and invitees, acknowledges and agrees that the Association is not a provider of
security and shall have no duty to provide security in the Community. Furthermore, the
Association does not guarantee that non -Owners and non -occupants will not gain access
to the Community and commit criminal acts in the Community, nor does the Association
guarantee that criminal acts in the Community will not be committed by other Owners
or occupants. It shall be the responsibility of each Owner to protect his or her person and
property and all responsibility to provide such security shall lie solely with each Owner.
The Association shall not be held liable for any loss or damage by reason of failure to
provide adequate security or ineffectiveness of measures taken.
Section 13.10 Cgpdoils•
All captions and titles used in this Declaration are intended solely for convenience of
reference and shall not enlarge, limit or otherwise affect that which is set forth in any
paragraph, section or article hereof.
Section 13.11 Interpretation,
The provisions of this Declaration shall be construed to effectuate their purposes of
creating a uniform plan for promoting and effectuating the fundamental concepts as set
forth in this Declaration. The Board of Directors shall have the authority to interpret the
60
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III .F IGAI &Y, V,11 4FRINIPMA 11111
meaning of any provision contained in this Declaration. This Declaration shall be
construed and governed under the laws of the State of Colorado.
Section 13.12 Sin u.lar Includes the Plural.
Unless the context otherwise requires, the singular shall include the plural, and the
plural shall include the singular, and each gender referral shall be deemed to include the
masculine, feminine and neutral.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed by
LEGENDS TH at Rivers Run, LLC A Colorado
// limited liability company
its duly authorized agent this �? day of� 20' y
!t ;
By: _ ...... ..
Its: trig"�._ ........
STATE Ol^ -. & 0
ss.
CO1J'1°I C7IM NOTARY
STAB OF COLORADO
_ 20 as ac wled ed The foregoing Declaration w g day of
.. .. _ _ of Lc *en �s Tat �l 1 1'. t as
4- at divers Itaan, » ., a Colorado
b .
limited liability company, .
Witness my hand and official seal.
My commission expires: _,,.,.
Naatary Public
EXHIBIT A DESCRIPTION OF PROPERTY
All lots within Block 1 & Block 2 Townhomes at Rivers Run, A Special
Area Plan
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According to the recorded plat filed for record March 1, 2026 at
Reception #_-..._wwwwww............. County of Pueblo, State of Colorado
Other instruments of record.
EXHIBIT B PROPERTIES OWNED By DECLARANT WHICH MAY BE
ADDED TO THE DECLARATION
[insert legal description]
All or part of any real estate located adjacent to the Community, or across a public street,
ditch or easement from the Community, provided the owner of that real estate consents,
and provided all other consents or votes required by this Declaration are first obtained.
EXHIBIT C OTHER PROPERTIES WHICH MAYBE ADDED TO THE
DECLARATION
All or part of any real estate located adjacent to the Community, or across a public street
or alley from the Community, provided the owner of that real estate consent.
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EXHIBIT D INITIAL COMMON ELEMENTS
[to be inserted]
EXHIBIT E INMAL LIMITED COMMON ELEMENFS
[to be inserted]
EXHIBIT F MAINTENANCE AND INSURANCE OBLIGATIONS
"A" = Association obligation
"0" = Owner obligation
"N/A" = not applicable
W
0"30141MCNO
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Pa e' p
00
Co
Y,R�vera Clerk)Recorder, Pueblo Coun(
WAY" IVE 1114 F 111
The term "maintenance" includes repair and replacement unless otherwise noted on the
Chart.
MAINTENANCE
INSURANCE
BUILDING EXTERIORS
Residence - structure, including
A
A
foundation, columns, girders, beams and
�supports
Siding, sheathing, wrap, brick, trim,
A
A
molding and other exterior facade
surfaces
Exterior stoops—Aeps and concreteA
A
surfaces
Gutters and downspouts
A
A
Porches, patios and balconies
0
0
Roof shingles and roof underlay
A
A
Shutters and awnings
0
0
Chinmeys (exterior portions) and
0
0
chimney caps
Window screens
0
0
... . .... ............
Interior glass surfaces - cleaning
0
N/A
Glass - repair and replacement
0
0
Window panes and frames - painting
0
0
and staining
. ................
64
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mIII K%IML 1,01MMINIIIIJO V IN All �UA.11124' 11111
FL_
MAINTENANCE
INSURANCE
0
Window components - maintenance,
repair and replacement, including:
1. Panes
2. Frames
3. Rail
4. Casing
5. Apron
6. Side jamb
7. Outer Sill
Window trim and caulking
0
.. ........... .
0
. . ...... . ....... -
Skylights
0
0
Exterior Townhome doors and garage
0
0
doors - painting and staining
Garage doors - maintenance and repair
0
0
Garage door openers
0
0
lGarage - slab
0
0
Exterior Townhome doors including
peep holes, doorknobs and lock
mechanisms --maintenance and repair
Storm doors
0
0
Balcony/patio sliding glass doors
0
0
Exterior light fixtures
0
0
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mill W11PAMN 3Vh1f11rIW WaSAVAIMM31
MAINTENANCE
UTILITIES
INSURANCE
Utilities outside Townhomes and
0
A
garages servicing more than one
Townhome:
1. Electrical and other wires
2. Water and sewer pipes
3. Cables
4. Circuit boxes
5. Water meters
6. Circuit breakers
Utilities outside Townhomes and
0
0
garages servicing only one Townhome:
1. Electrical and other wires
2. Wei ter/sewer pipes
3. Cables
4. Cii'cuiL boxes
5. Water meters
6. Circuit breakers
Utilities inside Townhomes or garages
0
0
and.f,�ry onl that Townhome:
1. Furnaces
2. Heating equipment
3. Thermostats
4. Ducts
5. Conduits
6. Water pipes
7. Electrical wiring
8. Electrical outlets
9. Telephone wiring
10. Telephone outlets
11. Light switches
12. Hot water equipment
13. Cable wiring
14. Compressors
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11111 IT41"11 AhNIA ulklk� WAVVIVIVI&1111
MAINTENANCE
INSURANCE
15. Sump pumps
16. Circuit breakers
Utilities inside Townhome but servicing
More than one Townhome:
1. Furnaces
2. Heating equipment
3. Thermostats
4. Ducts
5. Conduits
6. Water pipes
7. Electrical wiring
8. Electrical outlets
9. Telephone wiring
10. Telephone outlets
11. Light switches
12. Hot water equipment
13. Cable wiring
14. Compressors
15. Sunip pumps
16. Circuit breakers
17. Boiler equipment (if.!! �y)
Air conditioners, including condensers
0
0
and lines running from/ to such
equipment
RESIDENCE INTERIORS
Furnishings, including all personal
0
0
property such as furniture, electronics,
jewelry and clothing
Window coverings
0
0
or
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mill FIFML 10 Ph Mail V*111'. U11101' 11 '11W, W 1111
MAINTENANCE
INSURANCE
Permanent fixtures including but not
limited to:
1. ceiling fans
2. hand rails
3. cabinets
4. countertops
5. bathtubs and showers
6. sinks
7. toilets
Appliances including:
0
0
1. oven
2. range
3. refrigerator
4. dishwasher
5. washer/dryer
6. COUnk,rtop microwavc.
0
0
Fireplaces, including:
1. chin-mey (interior portions)
2. chimney back
3. facade
4. screen
5. flue
6. damper
Interior non -perimeter walls, floors, and
0
0
ceilings including finished and
unfinished surfaces, doors, drywalls,
studs, insulation, hardware, and other
material lying within such walls, floors,
and ceilings
W,
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mill IMINA NAMNIUA 11111
MAINTENANCE
INSURANCE
Finished surfaces of perimeter walls and
0
0
ceilings including:
1. drywall
2. paint
3. wallpaper
4. paneling
5. texture
Finished surfaces of perimeter floors
0
0
including:
1. the
2. vinyl
3. hardwood
4. carpetin&_
Any components Iv ft betx%,(,Pn the
0
0
perimeter d ryw�i Us Bind residvvice
exterior, including but not limited to:
1. insulation
2. girders
3. beams
4. pipes
5. wiring
6. plumbing
Subflooring
. ........
0
0
Party walls (walls dividing residences
0
0
and shared by owners/residents on each
side)
Basements
0
0
Crawls aces
0
0
Garage interiors, including any drywall.
0
0
or improvements therein
GROUNDS
C)q
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111 wlr°d l'Of 1j;k"M MIN1 0 INIA '1111
MAINTENANCE INSURANCE
Retaining walls A A
Landsca in , A A
[rri ation s stem and time clocks A A
Private roads, drives and sidewalks
A
A
Driveways
A
A
Fences surrounding private patios
A
A
Private ar areas
A
A
Recreational facilities
A
A
Monuments and si a e
A
A
Perimeter fence
A
A
Storage sheds
A
A
OTHER
Snow removal from driveways and
A
A
sidewalks
Garbage pick-up
A
A
Common Elements existing in
A
A
Co unity and not otherwise listed
Any personal property of Owners not
O
O
otherwise listed
Any Owner installed exterior/interior
O
O
improvement not otherwise listed
70
07710314.DOMI