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HomeMy WebLinkAboutSTORYBOOK PDP, 2109 FRIAR TUCK COURT, LOT 49 - MAJOR AMENDMENT - 49-98A - CORRESPONDENCE - (3)definition of employee or similar expression; and (4). Provide that they may not be cancelled or substantially modified (including cancellation for non-payment premiums) Without at least fifteen (15) days notice to the first mortgagees and the Association. (D). Such other insurance as the Board may deem desirable for the benefit of owners of property in the Subdivision. Section 7. Miscellaneous. All insurance obtained by the Association shall be obtained to the extent possible from responsible companies duly authorized and licensed to do insurance in the State of Colorado GENERAL PROVISIONS Section 1. Maintenance Districts. Every person or entity who'is a recorded owner of a fee or undivided fee or interest of any lot which is subject to these covenants, agrees that if at any time in the future a special maintenance district for maintenance of certain common areas is organized, any such person or entity who holds such interest will agree to join the maintenance district and will sign all documents necessary. Every person or entity who is a recorded owner of a fee or undivided fee interest in any lot which would be subject to a special maintenance district for maintenance agrees to assume and pay any and all assessments which may be levied against the property. Section 2. Enforcement. In addition to the other rights and remedies established by these covenants, the Association, or any owner, shall have the right to enforce, by any proceeding of law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the declaration. Failure by the Association or by any owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. Section 3. Compliance with Other Documents. Each owner shall comply strictly with provisions of this declaration, the Articles of Incorporation and the Bylaws of the Association, the rules and regulations including decisions and resolutions promulgated from time -to -time which are duly adopted in accordance with this declaration or the recorded declarations of such other associations, as the same may be lawfully amended from time -to -time. Failure to comply with any of the forgoing documents shall be grounds for an action to recover sums due and for damages or injunctive relief or both, including reasonable attorney's fees maintainable by the Board in the name of the Association or by the Board of Directors of such other Association or on behalf of the owners, or, in a proper case, by an aggrieved owner. Section 4. Notices. Any notice required to be sent to any member or owner under the provisions of this declaration shall be deemed to be properly sent when mailed by certified return receipt request mail, post paid, to the last known address of the person or entities who appears as a member or owner on the records of the Association at the time of such mailing. Section S. Severability. If any of the provisions of this declaration or any paragraph, sentence, clause, phrase or word, or the application thereof in any circumstance be invalidated, such invalidity shall not affect the validity of the remainder of this declaration and the application of any such circumstance shall not be affected thereby. Section 6. Amendment. The covenants and restrictions of this declaration shall run with and bind the land, and shall be to the benefit of and enforceable by the Association, or by the owners of any lot subject to this declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty five (25) years from the date this declaration is recorded, after which time said covenants shall be automatically extended for successive ten (10) year terms. The covenants and restrictions of this declaration may be amended the fast twenty five (25) years by not less than eighty (80%) percent of the lot owners, and thereafter, by an instrument signed by not less than sixty (60%) percent of the lot owners. No amendment shall become effective until duly authorized, signed and properly recorded. IN WITNESS WHEREOF, the undersigned has executed this declaration on this day of 1999 Gary L. Mackey (Declarant) Vicky S. Mackey (Declarant) Nebarado Construction Inc. By: Gary L. Mackey President STATE OF COLORADO: COUNTY OF LARIMER: Vicky S. Mackey Secretary/Treasurer Subscribed and sworn to before me this day of 1999, by Gary L. Mackey as President and Vicky S. Mackey as Secretary/Treasurer of Nebarado Construction Inc. and personally Gary L. Mackey and Vicky S. Mackey. Witness my hand and official seal My commission expires: Notary Public policies shall provide that any loss thereunder shall be payable to the Association as insurance trustee under the declaration. It shall provide a standard non-contributory mortgage clause in favor of each first mortgagee, and shall provide that either the insured or the insurer can not cancel it until after at least thirty (30) days prior written notice is given to each owner and each first mortgagee. Such policy shall further provide that the insurance covering the interest of a particular owner may be invalidated or suspended only if such owner is guilty of a breach of warranty, not, omission, negligence or non-compliance with any provision of the policy, or if he/she permits or fails to prevent the happening of any event, either before or after a loss, which under this provision of the policy would invalidate or suspend the entire policy, but the insurance under any such policy as to the interest of 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. The cost of such insurance shall become a part of the owner's regular assessment. Each owner may carry such additional insurance as he/she deems advisable, but any such additional coverage shall not relieve the Association from any insurer. Such owner also shall be responsible for his own insurance on the contents of his unit and garage and furnishings and personal property therein, as such owner may desire. Unless the Association determines otherwise, assessments made on account of the cost of providing such insurance shall be made pro rata based upon the total number of units in the Subdivision. Section 2. Rebuilding and Repair. In the event of damage to or destruction of any unit by fire or any other casualty for which the Association is required to carry insurance, the Association shall, within a reasonable time after such damage or destruction, repair or rebuild the same in workmanlike manner with materials comparable to those used in the original structure and in conformity in all respects with the laws and ordinances regulating the construction of buildings in force at the time of such repairs or reconstruction. The unit when rebuilt or repaired shall be substantially similar to and its architectural design and landscaping shall be in conformity with the design of the original unit and the surrounding units, which are not so damaged or destroyed. Neither the owner or the Association shall be relieved of this obligation to repair or rebuild the unit by failure to carry sufficient insurance or the fact that proceeds received from the insurer are not sufficient to cover the cost of rebuilding or repair. If the proceeds received from the insurer by the Association are insufficient, it shall be the duty of the owner to pay the Association any deficiency required to accomplish the rebuilding or repair. Upon the failure of such owner to provide such funds within a reasonable amount of time after notice and demand by the Association therefor, the Board may cause the repair or rebuilding to performed and the amount of the deficiency shall be the owner's personal obligation and shall be a continuing lien on the owner's property in the Subdivision until such deficiency is paid. Section 3. Copies and Certificates of Insurance. The Association shall deliver to each owner a certificate of insurance evidencing the casualty insurance carried by the association pursuant to this declaration. The Association shall also furnish a certified copy of such insurance policy or a certificate of insurance evidencing the casualty insurance carried by the Association pursuant to this declaration. The Association shall also furnish a certified copy of such insurance policy or a certificate of such insurance and a certificate indemnifying the interest of a mortgagor to any first mortgagee or other party in interest at the request of such party. Section 4. Inflation coverage. The casualty insurance maintained by the Association shall be inflation coverage insurance, if such insurance is available, which insurance at all times shall represent 100% of the replacement value of each and facilities in the common areas except land, foundations, excavation and other items normally excluded therefrom. The Association shall, at least every five (5) years, if not sooner, obtain an appraisal for insurance purposes which shall be maintained as a permanent record of the Association showing that the insurance in any year represents 100% of the replacement value of each unit or facilities in common area. Section 5. Waiver or Subrogation and Other General Insurance Requirement. The Association and each owner hereby waive and release any and all claims which they may have against any owner, the Association, its officers, members of the Board, its employees or agents, the Declarant and any manager and its respective employees or agents, for damage to property in the Subdivision or to any personal property located in or on such property caused by fire or any other casualty to the extent that such dama,,ge is covered by fire or any other casualty insurance. This waiver shall be effective only to the extent it does not invalidate any applicable policy of insurance or the coverage thereunder. All policies secured by the Association and each owner under this Article shall, to the extent possible, contain waivers of the insurer's rights to subrogation as to any claims against the Association, its Board of Directors, agents, employees and all other owners and shall provide further that the insurer shall not be entitled to contribution if insurance is purchased by the Association as is hereunder permitted. Mortgage endorsement shall be made when the owner's interest is subject to an encumbrance. To the extent possible, all insurance polices shall provide that the insurance cannot be cancelled, invalidated or suspended on account of the conduct of the Association, its officers, directors, employee and agents. Also to the extent possible, all insurance maintained by the Association shall contain a provision prohibiting termination, cancellation or substantial modification without at least thirty (30) days prior written notice to the Association. Section 6. Association Insurance. In addition to the insurance for units, above described, the Association shall be required and is hereby empowered to obtain and maintain the following insurance: (A). Comprehensive general liability insurance, included non -owned and hired automobile liability coverage, owned automobile liability coverage (if there are any owned automobiles), owned automobile liability coverage covering liabilities of the Association, its officers, directors, employees, agents and members arising in connection with ownership, operation, maintenance, occupancy or use of the common areas and any other areas the association is required to restore, repair or maintain under this declaration with bodily injury liability limits not less than ONE MILLION DOLLARS for each occurrence and property damage liability limits of not less than ONE MILLION DOLLARS for each occurrence and ONE MILLION DOLLARS aggregate. Each policy shall include "severability of interest" endorsement. (B). Workman's compensation and employer's liability coverage as required by applicable laws. (C). Fidelity coverage, if applicable, to protect against dishonest acts on the part of directors, officers, trustees and employees of the Association and all others who handle funds of the Association. Such fidelity insurance shall; (1). Name the Association as an obligee; (2). Be written in an amount equal to at least 150% of the annual operating expenses of the Association, including reserves; (3). Contain waivers of any defense based upon the exclusion of persons who serve without compensation from any electrical lines and other utilities. Section 2. Utilities. The Board shall have the authority to grant easements under and over the common areas as may be necessary from time -to -time for the construction, maintenance and operation of public utilities; municipal franchised utilities, drainage of surface water and for establishing and maintaining adequate ground water drainage. Section 3. Set Backs. All side yard set backs shall be at least five (5) feet from the said property lines. Front set backs shall be at least fifteen (15) feet from the front lot line. ARTICLE X PARTY WALL Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the home upon the properties and placed on the dividing line between the Lou shall constitute a party 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 damages due to negligence or willful acts or omissions shall apply thereto. Section 2. Sharing of Repair 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 proportion to such use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owner thereafter make use of the wall, they shall contribute to the cost of restoration in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his/her 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 5. Right to Contribution Runs 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 Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall chose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. ARTICLE XI MAINTENANCE Section 1. Maintenance of Common Areas. The Association shall provide for care, operation, maintenance and repairs of the common areas, including all private streets and walkways in the Subdivision, if any. Section 2. Maintenance of Patio Home. The Association shall maintain the exterior of all buildings in the Subdivision, with the exception of private areas, private fencing and decks. Such maintenance shall include painting exterior surfaces as required to maintain the appearance of the Subdivision in good condition, with approval of the Architectural Control Committee, and maintenance, repair and replacement of roofs on units in the Subdivision. The Association shall also maintain, repair and replace, as necessary, water, sewer, electrical and other systems which service units in Subdivision. The responsibility for maintenance of the interior of unit shall be the responsibility of the Owners. The responsibility for maintenance of private areas fences, decks, and under decks shall be the responsibility of the Owner Section 3. Reserves to be established. The Association shall establish and fund through the regular annual assessments to be made by the Association, adequate reserves to pay the cost of fulfilling the maintenance functions assigned to the Association by this Declaration. Section 4. Trash Collection. The Association shall provide trash collection services to all units in the Subdivision. Such service shall be provided at such time and intervals as determined necessary by the Association to adequately maintain the area. Section 5. Snow Removal. The Association shall provide snow removal, as deemed necessary by the Association, in the Subdivision. The Association shall provide such service at such time and intervals as determined necessary. No single owner shall make or require such removal at a time that shall be determined unreasonable by the Association. Section 6. Duty to Repair. The Owner of any unit in the Subdivision shall have the duty to repair any defects in the interior of his/her unit which may in any way present a hazard to the personal property of any other person and such repair shall be effected in a workmanlike fashion within a reasonable time following discovery thereof. ARTICLE XII INSURANCE Section 1. Casualty Insurance. The Association shall procure fire and all risk coverage insurance, or equivalent thereof, upon each owner s unit and garages and the common area improvement and personal property of the Association for not less than full insurable replacement value thereof, without deductions for depreciation, under a policy or policies of insurance with such company or companies and for such premium and periods as the Association may determine appropriate. The policies may have such deductible provisions as the Association determines appropriate and consistent with good business practice. Such policy or playground areas, fencing, gazebo and the like not having received the approval of the Architectural Control Committee ARTICLE VIII ) USE RESTRICTIONS Section 1 / Each lot shall be used as a residence for a single family as defined under the City Code of Fort Collins. A single l 7esideace- ma include the casual y guest of such family from time to time and domestic employees or servants of such family. Section 2. Common Areas. There shall be no obstructions of the common areas nor shall anything be altered or constructed in or removed from or sto,Fed upon the common areas except as needed by Declarant in time of Construction and Development. Section 3. Insurance. Nothing shall be done or kept on any lot or in the common areas which will increase any applicable rate of insurance, without written consent of the Association. No owner shall permit anything to be done or kept in or on a lot or on the common areas which will result in the cancellation of insurance on any lot or any part of the common areas or which would be in violation of any law. No waste shall be committed on any lot or any part of the common areas. Section 4. Signs. No sign of any kind shall be displayed to the public view on/or from any lot, without the prior written consent of the Association. Section 5. Nuisances. No obnoxious or offensive activity shall be carried in or on any lot or on the common areas, nor shall anything be done therein which may be or become an annoyance or nuisance to any owner. Section 6 Buildings. No buildings shall be moved on or off of any lot without the approval of the Association. Section 7. Out Buildings. No tents, trailers, shacks, freestanding garages, bams or other out buildings shall at any time be erected or used on any lot or the common areas nor shall any structure of a temporary character be permitted on any lot or on any part of the common area without the expressed written consent of the Architectural Control Committee. Section 8. Exterior Antennas Prohibited. No outside radio or television antennas shall be permitted on any lot or on any part of the common areas. Small satellite dishes will be permitted as long as they are either mounted to owner's roof, or deck, not located on the ground in anyway that might interfere with landscape maintenance. Section 9. Recreational Vehicles. No boats, trailers, campers, trucks, recreational vehicles or similar type vehicles shall be parked on any lot for more than forty-eight (48) hours. Nothing herein contained shall prevent the owner or owners of any lot from storing of said vehicles in a garage. Section 10. Fencing. Fences along any lot line or any line between the lots and the common areas will not be allowed. Fences for screening around patios will be installed during construction of units. Post or fence sections for decorative or landscaping purposes, shall require prior written approval of the Architectural Control Committee and shall comply with such standards and guidelines as may now or hereinafter be established by the Architectural Control Committee. If the requirements of this section have not been complied with, the Board shall be empowered to remove or have removed by condemnation proceedings any fencing erected on any lot or the common areas. Section 11. Storage of Materials, Debris, or Junk. No occupant or owner of any lot shall store or permit to be stored or permit to accumulate upon any lot any debris, any piles of manure, composting materials, piles of dirt, machinery or equipment or any part thereof, old or rusted pieces of metal, rubber or any type of junk, or other miscellaneous items, unless the same is concealed within an enclosed structure or has been approved by the Board as part of the landscaping plan. Section 12. Animals. No animals, livestock or poultry of any kind shall be raised, kept or bred upon any lot or the common areas except household pets, provided they are not kept, bred or maintained for any commercial purpose and do not constitute a nuisance. Household pets shall not be permitted to roam freely around the properties but shall kept under strict supervision and control of their owners at all times. Owners of household pets shall be strictly liable to each and every member of the Association for any damage to property of injury to persons, however slight, caused by any household pet. Section 13. Trash. All trash, garbage or other waste shall be kept in sanitary containers out of the view of the surrounding lot owners and off the streets, so as to present a clean and sanitary appearance at all times. The Association shall contract for and collect fees for trash, garbage or other waste service, and lot owners shall be required to use said service. Section 14. Penalties and Fines. The Association shall have the power to adopt a uniform schedule of reasonable fines and penalties, and of circumstances for suspending member's voting rights or the use of common areas for violations for any of the terms of this declaration or for violations of any rules adopted pursuant to this declaration, provided that such schedule shall be approved by two-thirds (2/3) of the members or at any annual meeting by a majority of the members constituting a quorum either in person or by a proxy at any such meeting. The Association shall levy such fines and penalties and shall add the same to as a part of the annual assessment, and the same shall be a lien and obligation of the owner and shall become due and payable in the manner set forth in Article V hereof. ARTICLE IX EASEMENTS Section 1. Encroachments. The properties, including each lot and the common areas, are hereby deemed subject to an easement as required for any and all encroachments of two (2) feet or less resulting from roofing overhang or any other causes attributable to the design and construction of improvements of each lot and of the common areas resulting from construction errors, lateral shifting of settlement or any other cause and any and all encroachments resulting from construction of sewers, water, irrigation, ARTICLE VI ADMINISTRATION AND MANAGEMENT The administration and of this project shall be governed by this declaration, the articles, the bylaws and the rules and regulations of the association. An owner shall become a member of the Association upon conveyance to him/her of his/her lot and shall remain a member for the period of his/her ownership. As shown and reserved in the Articles of Incorporation and Bylaws for the Association, the designation and appointment of a Board of Directors for a period until 120 days after completion of conveyance from Declared to owners of title to eighty five (85%) percent by then declared and existing units. The Association will be granted all of the powers necessary to govern, manage, maintain, repair, administer and regulate the project and to perform all of the duties required of it, including without limiting the generality of the foregoing, the authority to grant public utility easements in, over and under the common elements. ASSOCIATION Section 1. The Association shall have the duty to oversee all maintenance and repairs of the Common Elements within the project and the cost of said maintenance and repairs should be a common expense of all of the owners. The Association shall not need prior approval of its members to cause such maintenance and repairs to be accomplished, notwithstanding the cost thereof: provided, however, there shall be no additions, alterations, or improvements of or to the common elements requiring and expenditure in excess of One Thousand Five Hundred Dollars ($1500.00) per expenditure in any one calendar year without the prior approval of owners applicable to the replacement. repair, maintenance, or obsolescence of any general common element of common property. Section 2. The Association shall provide to the common expense assessment, to -wit: (a) Administration management of the project, including without limiting the generality of the foregoing: (1) The enforcement of the covenants, conditions and restrictions set forth in the Declaration, Articles, Bvlaws and Association rules and regulations, together with enforcement of all obligations owed to the Association by the owners; and (2) Performing all other acts required by this declaration or the Articles and Bylaws of the Association. (b) Inspecting, maintenance and repair of any private walkways, lawns and shrubbery in the general common elements. (c) In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Lot which is subject to assessment hereunder, as follows: paint, repair, replacement, and care of roofs, gutters, downspouts, exterior building surfaces, walks and other exterior improvements. In the event the need for maintenance or repair of a lot or the improvements thereon is caused through the willful negligent acts of its owner, or through the willful of negligent acts of the family guests or invitees of the owner of the lot needing such maintenance or repair. the cost of such exterior maintenance shall be added to and become part of the assessment to which such lot is subject. Notwithstanding the above, the Association reserves the right to hire one or more persons or entities, including a managing agent, contractors, and employees to perform such services, provided, however, that any such contracts shall not be for a term in excess of one (1) year and shall provide that the same be terminated on thirty (30) days written notice, with or without cause, at any time by either party and without payment of any termination fee. Such contracts may be renewable, upon agreement of the parties, for successive one (1) year periods. ARTICLE VH ARCHITECTURAL CONTROL Section 1. Review. No building, fence, wall or other structure or other improvements shall be commenced, erected or maintained upon the properties, nor shall any exterior addition, change or alteration be made until the plans and specifications showing the nature, kind, shape, height, materials and location on the same have been submitted to and approved in writing (as to the harmony of exterior design and location in relation to surrounding structures, landscaping and topography) by the Architectural Control Committee, any additions, changes, or alterations must also be in accordance with the building codes and guidelines set by the City of Fort Collins. In the event the Architectural Control Committee fail to approve or disapprove such design or location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this article shall be deemed to have fully complied with; provided, however, nothing contained herein shall be construed as limiting the restrictions on use or occupancy or other covenants contained herein. The Architectural Control Committee shall be a permanent committee of the Association and shall initially consist of Gary L. Mackey, Bryon D. Mackey, and Vicky S. Mackey. The term of each of the initial committee members shall expire on December 31, 2010; or upon assignment whichever occurs first. Thereafter the Board shall appoint and shall fix the terms of each such committee member. The provisions of this article shall in no way modify the owners' responsibility to obtain approval of plans and specifications and to obtain building permits from the City of Fort Collins, Section 2 Minimal Standards. All improvements constructed on a lot shall be of first class or superior materials and shall be constructed in a first class workmanship manner. All roofs shall be of a first quality material as may be accepted by the Architectural Control Committee, and in accordance with the established building criteria. Similarly, all brick materials, stone materials and other exterior siding materials shall be of first quality shall be of such colors and tones as are harmonious with the remainder of the properties as determined by the Architectural Control Committee. Section 3. Landscaping. All shrubs, plants, trees, gardens, playground areas, gazebos and the like shall be approved by the Architectural Control Committee with each type of tree or shrub identified and with plans and specifications for each exterior structure. The Board is empowered to remove or have removed by condemnation proceeding any shrub, plants, trees, gardens, closing. Any resulting excess of annual fee will be applied to the following years' assessment Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy for the purposes of defraying, in whole or in pan, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement upon the Common Areas, including necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) or more of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members of at least thirty (30) days in advance and shall set forth the purpose of the meeting. Section 5. Special Assessments for Capital Improvements. In addition to maintenance of the Common Areas, if any, the Association shall have the duty to undertake the maintenance, replacement, and repair of the landscaping, or of the exterior of any structure with respect to any lot that is reasonably necessary in the opinion of the Board to preserve the appearance and value of the property. If in the opinion of the Board repairs or -replacement are the result of negligence of owner, the owner will be responsible for paying for the repairs, not the Association. Solely for the purpose of performing the acts authorized by this Article, the Association through its duly authorized agents or employees shall have the right, after reasonable notice to the owner, to enter upon any lot for the purpose of undertaking maintenance or repairs as set forth in this Article. Section 6. Uniform Rate of Assessment. Assessment pursuant to Sections 3 and 4 must be fixed at a uniform rate, Annual and special assessments may be collected on a periodic basis, but not more frequently than quarterly, as determined by the Board. Section 7. Quorum. The quorum required for any action to increase the annual assessment by more than twenty (20%) percent or to levy a special assessment shall be as follows: at the first meeting called, the presence at the meeting of members or of proxies entitled to cast sixty six (66%) percent of all the votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 8. Commencement of Annual Assessments. The annual assessments provided for herein shall commence as to each lot on the conveyance of each such lot to an owner other than Declarant. The first annual assessment shall be adjusted to the number of months remaining in that particular calendar year. The Board of Directors shall fix any increase in the amount of the annual assessment against each lot at least thirty (30) days in advance of each calendar year. Written notice of the annual assessment shall be sent to every owner subject thereto. The Board shall establish the due date. The Association shall upon demand, during reasonable business hours. And for a reasonable fee, furnish a certificate in writing and signed by an officer of the Association, setting forth whether the assessments on a specified lot have been paid. A certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 9. Default. Any assessments, which are not paid when due, shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, then the assessment shall bear interest from the date of delinquency at the rate of eighteen (18%) percent per annum. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of the owner's lot, and shall not pass to the owner's successors in title unless expressly assumed by them. Section 10. Remedies. To evidence the lien referred to in this Section 10, the Board may, but shall not be required to, prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the owner, the lot and description of the lot. Such notice shall be signed by the President or Vice President and attested by the Secretary or Treasurer of the Association, and may be recorded in the Office of the Clerk and Recorder of the County of Larimer, State of Colorado. Such a lien may be enforced by foreclosure of the defaulting owner's lot (including any improvements thereon) by the Association in like manner as a mortgage on real property upon the recording of a notice or claim thereof. In any such foreclosure, the owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for the filing the notice or claim of lien and all reasonable attorney's fees. The Association shall have the power to bid on the lot at the foreclosure sale and to acquire and hold, lease, mortgage and convey the same. The amount of the assessment assessed against a lot shall also be a personal debt of the owner thereof at the time such assessment is made and the power of such lot shall be personally obligated to pay the same. Suit to recover a money judgment for unpaid assessments shall be maintainable without foreclosing or waiving the lien securing same and in any such assessment payable with respect tot such lot, and upon such payment, such encumbrances shall have a lien on such lot for the amounts paid of the same rank as the lien of the encumbrance. Section 11. Subordination. The lien of the assessment as provided for herein on any lot, including interest thereon at eighteen (189/6) percent per annum, shall constitute alien on such lots superior (prior) to all other lies and encumbrances, except only for: (a) taxes and special assessment liens in favor of any assessing authority, and; (b) all sums unpaid on a first mortgage, including without limitation, interest late charges, costs and legal fees if provided for therein. Sale or transfer of any lot shall not affect the assessment lien, however. The sale or transfer of any lot which is subject to a mortgage, pursuant to a decree of foreclosure under such mortgage or any public trustee's sale or any proceeding in lieu of foreclosure thereof shall extinguish the lien of such assessments as to payments thereof as became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof, Section 12. Exempt Property. The following property shall be exempt from the assessments created herein: (a) All properties dedicated to and accepted by the City of Fort Collins; and (b) the Common Areas. Notwithstanding any provisions herein, no land or irrrprovements devoted to residential use shall be exempt from said assessments, charges or liens. owner thereof, notwithstanding the fact that such lot may have been transferred or otherwise conveyed by the owner originally escrowing such funds with the Association. ARTICLE III VOTING RIGHTS Class A. Class A members shall be every owner as defined in Article II with the exception of Declarant. Class A members shall be entitled to one (1) vote for each lot in which they hold the interest required for membership by Article 11. When more than one (1) person holds sufh interest all such persons shall be members, and the vote for such lot shall be exercised as they among themselves determine; but in no event shall more than one (1),vote be cast with respect to any one (1) lot. Class B. The Class B member shall be the Declarant (as defirled in the Declaration), and shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) On December 31, 2005. ARTICLE IV PROPERTY RIGHTS Section 1. Use of Common Areas. Subject to the provisions of Section 3. Below, every member shall have the right and easement of enjoyment in and to the Common Areas and such easements shall be appurtenant to and shall pass with the title to every assessed lot, subject to the following provisions; (a) the right of the Association to limit the number of guests of members; and (b) The right of the Association to suspend the voting rights and rights to use the Common Areas for any period during which any assessment against that owner's lot remain unpaid, for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; and subject to such conditions as may be agreed to by two-thirds (2/3) or more of all the votes of the members. Section 2. Delegation of Use. Any member may delegate, in accordance with the Bylaws, the right of enjoyment to the Common Areas to the owners family, guests, tenants, or contract purchasers who reside upon the properties; provided, however that all rights and easements in and to the Common Areas, or any part thereof, shall be inseparable from any lot and may be conveyed, leased, encumbered, or otherwise transferred only with said lot. Section 3. Non-Partitionability of General Common Elements. The Common Elements shall be owned in common by all of the units and shall remain undivided. By the acceptance of his/her deed or other instrument of conveyance of assignment, each owner specifically waives his/her right to institute and/or maintain a partition action or any other designed to cause a division of the common elements and each owner specifically agrees not to institute any action thereof Further, each owner agrees that this paragraph may be pleaded as a bar to the maintenance of such action. A violation of this provision shall entitle the Association to personally collect jointly and severally from the parties violating the same, the actual attorney's fees, costs, and other damages the Association incurs in connection therewith. ARTICLE V ASSESSMENTS Section 1. Lie4. Declarant, for each lot within the Properties, hereby covenants and each owner of any lot by acceptance of a deed therefor. Whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association: (a) Annual assessments or charges; (b) Special assessments as may be levied against a particular lot if, as and when necessary to enforce these Covenants. Such assessments to be fixed established and collected from time -to -time as hereinafter provided. The annual and special assessments together with such interest thereon and cost of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the lot against which each such easement is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such lot at the time the assessment fell due. The personal obligation accrued to the date of transfer or conveyance of any lot shall not pass to the owner's successors in title unless expressly assumed by them. Section 2. Purpose. Assessments levied by the Association shall be used exclusively for the purpose of promoting the appearance, recreation, health, safety and welfare of the residents in the properties and in particular for the improvement, maintenance, use and enjoyment of the Common Areas. Including, but not limited to fencing, signs and miscellaneous landscaping, such purposes to include but not be limited to the payment of taxes and insurance thereon, repair, replacement and additions thereto and for the cost of labor, equipment, materials, management and supervision thereof. Section 3. Annual Assessment. The annual assessment shall be $1,020.00; it is based on the calendar year. The annual assessment shall not be increased prior to January 1 2001. Thereafter annual increases shall be determined by the Board, provided such increases shall not exceed twenty (20%) percent over the previous year. A greater increase shall have the assent of two-thirds (2/3) or more of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting. Annual assessments may be paid in the following manner. one payment for the entire year on or before Jan. 15f°, two payments due by Jan. 15ti and July 15d, or four equal installments due Jan. 15'°, April 15i°, July 15'° and Oct. 15t°. Any purchases of lots made in the final quarter of the calendar year will have a least one quarter of the assessment collected at STORYBOOK PATIO HOMES P.D.P. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth by NEBARADO CONSTRUCTION INC., Gary L. Mackey President, Bryon D. Mackey Vice -President and Vicky S. Mackey S ecrera ry/Trea surer, its successors and assigns, hereinafter referred to as "Declarant". W ITNESSETH WHEREAS, Declarant is the owner of and is engaged in the development of a subdivided tract of land consisting of SLkTY- SIX (66) lots commonly known as Storybook Patio Homes P.D.P., a subdivision in the City of Fort Collins, County of Larimer, Colorado (the "properties"); WHEREAS, Declarant desires to develop the Properties into a combination of zero lot line patio housing (paired homes), and single units where applicable all for the benefit of the owners of said lots; WHEREAS, Declarant desires to enhance, protect and preserve the attractiveness, values and amenities of the lots and to provide for the maintenance of the improvements, as may be made hereinafter from time -to -time, to certain protective covenants, conditions, restrictions, reservations, liens and charges, as hereinafter set forth, for the benefit of the Properties and the owners thereof, NOW THEREFORE, Declarant hereby declares that all of the Properties described above shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes hereinafter collectively referred to as the "Covenants') hereinafter set forth. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Storybook Patio Homes P.D.P., Homeowners Association, Inc., a non-profit and non -stock corporation organized and existing under the laws of the State of Colorado, its successors and assigns. Section 2. "Board" shall mean the Board of Directors of the Association, initially consisting of Gary L. Mackey, Bryon D. Mackey and Vicky S. Mackey, established from time -to -time in accordance with the Articles of Incorporation and Bylaws of the Association. Section 3. "Common Areas" shall mean all real property hereinafter transferred to the Association, including green areas, walkways, fencing, signage, and landscaping in established easements and other amenities as may be constructed from time -to - time as herein provided. Section 4. "Expenses" means and includes: — (a) Expenses of administration of operation, management, maintenance, repair, replacement of common elements; (b) expenses declared common expenses by the Association; (c) All sums lawfully assessed against the common elements by the Board or managers of the Association; and (d) expenses agreed upon as common expenses by the members of the Association. Section 5. "Lot" shall mean and refer to any lot or plot of land shown upon any recorded subdivision map of the Properties with the exception of the Compton Areas and areas dedicated to the City of Fort Collins. Section 6. "Member" shall mean and refer to every person or entity that holds membership in the Association. Section 7. "Mortgage" shall mean and include any mortgage, deed of trust or other assignment or security instrument creating a lien on any lot. Section 8. "Owner" shall mean and refer to the recorded owner, whether one or more persons or entities of the fee simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 9. ""Properties" shall mean and refer collectively to the lots and Common Areas described above, and such deletions and additions thereto as may hereinafter be taken out of or brought within the jurisdiction of the Association from time -to -time. ARTICLE H MEMBERSHIP Every person or entity who is a recorded owner of a fee simple or undivided fee interest in any lot which is subject to these Covenants shall be a member of the Association, provided that any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a member. Membership shall be appurtenant to and may not be separated from ownership of any lot, which is subject to assessment, by the Association. Ownership of a lot shall be the sole qualification for membership. Any funds escrowed with the Association for any lot shall run with the lot and shall be deemed to be held for the benefit of the This completes staff (and outside reviewing agencies) review and comments at this time. Another round of staff review is determined to be necessary. This proposal is subject to the 90-day revision re - submittal requirement (frown the date of this comment letter, being June 8, 2004) as set forth in Section 2.2.11(A) of the Land Use Code. Be sure and return all of your red -lined plans when you re- submit. The number of copies of each document to re -submit is shown on the attached Revisions Routing Sheet. If you have any questions regarding these issues or any other issues related to this project, please feel free to call me at (970) 221- 6750. YoursTruly, �Tpruly, z / p" VZ Steve Olt City Planner cc: Dave Stringer Peter Barnes Gary Mackey Page 4 Department: Police Topic: General Number: 12 [5/26/041 No Comments Issue Contact: Joseph Gerdom Created: 5/26/2004 Department: Stormwater Utility Issue Contact: Basil Hamdan Topic: General Number: 9 Created: 5/25/2004 (5/25/043 No comments Department: Traffic Operations Issue Contact: Eric Bracke Topic: Traffic Number: 2 Created: 5/10/2004 [5/10/041 No issues from Traffic Operations Department: Transportation Planning Issue Contact: Tom Reiff Topic: General Number: 8 Created: 5/25/2004 [5/25/041 No comments. Department: Zoning Issue Contact: Jenny Nuckols To Zoning Number: 3 Created: 5/11/2004 [5/11/041 No comments The following are some additional Current Planning Department comments: 1. If there are 2 dwelling units in 2109 Friar Tuck Court (Lot 49 + a portion of Lot 48) how many bedrooms will be in each unit? This information is needed to determine the number of off-street parking spaces required on the lot. As an example, if both dwelling units are to contain 2 bedrooms then there must be at least 4 unobstructed parking spaces on the lot. Based on the Site Plan, it would appear that providing even 3 unobstructed spaces on the lot will be difficult. 2. There are Storybook Patio Homes PDP - Declaration of Covenants recorded in Larimer County (Reception #2001031086). In Article VIII - Use Restrictions of the covenants Section 1 states: "Each lot shall be used as a residence for a single family as defined under the City Code of Fort Collins. A single residence may include the casual guest of such family from time to time and domestic employees or servants of such family." Does this request compromise the intent of the "private" covenants between you (the developer) and the homeowners? There are several residents of the Storybook development that have already expressed opposition to your request to add another dwelling unit at 2109 Friar Tuck Court. Page 3 Topic: Utilities Number: 15 Created: 6/2/2004 [6/2/041 Len Hilderbrand of Xcel Energy indicated they see no problems. Any relocation of existing facilities would be at the property owner's expense. No facilities may cross other lot lines. Number: 16 Created: 6/2/2004 [6/2/041 Dennis Greenwalt of Comcast Cable indicated that the developer/builder will need to provide a 1" conduit for service lines to both dwelling units from the existing Comcast facilities. Department: Engineering Issue Contact: Dave Stringer Topic: General Number: 1 Created: 5/6/2004 [5/6/041 If the applicant desires to sell off portions of this tri- plex we have seen instances where lenders are requiring properties to be replatted. No issues with Major Amendment Department: Light & Power Issue Contact: Monica Moore Topic: General Number: 11 Created: 5/26/2004 [5/26/041 Additional metering will be required as well as the cost for the additional dwelling unit. Topic: Zoning Number: 4 Created: 5/12/2004 [5/12/041 Any relocation of existing electric facilities (including streetlights) will be at developer's expense. Number: 5 Created: 5/12/2004 [5/12/041 Developer will be responsible for the cost of any system modifications needed to provide additional power to this site. Contact Light and Power engineering 221-6700. Number: 6 Created: 5/12/2004 [5/12/041 Normal electric development charges will apply for the multi -family units. Department: Natural Resources Issue Contact: Doug Moore Topic: General Number: 7 Created: 5/12/2004 [5/12/041 No issues. Department: PFA Issue Contact: Michael Chavez Topic: General Number: 10 Created: 5/25/2004 [5/25/041 How or will this effect the address? Please contact Michael Chavez 416-2869. Page 2 iall ! City of Fort Collins ...ram STAFF PROJECT REVIEW Stewart & Associates c/o Jack Blake Fort Collins, CO. 80524 Date: 06/08/2004 Staff has reviewed your submittal for STORYBOOK, MAJOR AMENDMENT (2109 FRIAR TUCK COURT, LOT 49) - TYPE I (LUC), and we offer the following comments: ISSUES: Department: Current Planning Issue Contact: Steve Olt Topic: General Number: 13 Created: 6/2/2004 [6/2/04] Rick Lee of the Building Department indicated that there are no Uniform Building Code concerns with this Major Amendment submittal. Number: 14 Created: 6/2/2004 [6/2/04] The Technical Services Department offered the following comments: a. The scale of the drawing should be to a larger size (example: 1" = 10'). b. Show all site elements, such as curb & gutter, sidewalks, driveways, etc. ..... all the elements that comprise and define the site. C. Question ... What is this request supposed to accomplish? The intent is now vague. d. The drawing needs a signature block, title, data, etc. Information is missing. Number: 17 Created: 6/2/2004 [6/2/04] The "Site Plan" is missing the necessary signature blocks. There needs to be an Owner's Certification, a Notary Public Certification (for the Owner's signature), and a Director of Planning Approval block. Please see the attached examples of these items. Number: 18 Created: 6/2/2004 [6/2/04] There is additional information that must be included on the Site Plan. Please see the red -lined plan, included. Page I