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HomeMy WebLinkAboutPOUDRE RIVER BUSINESS PARK PUD, PHASE ONE - PRELIMINARY & FINAL - 79-88A - LEGAL DOCS - SUPPLEMENTAL INFORMATION0 I rl� g --► 2 81989 1 19 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR POUDRE RIVER BUSINESS PARK This declaration after referred to as 1989. ,g8* is made by Springer -Fisher, Inc. (herein - "Declarants") on this day of March, WITNESSETH: 1. Declarants are the owners of property in the City of Fort Collins, County of Larimer, State of Colorado, described on Exhibit A, attached hereto and by this reference incorporated herein. Hereinafter said property is referred to as the "Business Park." 2. The Business Park is zoned in the IP=Industrial Park District under the City of Fort Collins zoning ordinance. Declarants intend to develop the lots in the Business Park as sites for: professional and administrative offices; engineering, research and testing facilities, or laboratories; medical, dental and health offices; and similar uses. Declarants desire to ensure that the Business Park is a high quality development with attractive surroundings for the facilities to be located within it. 3. Declarants will convey property within the Businesq Park subject to the protective covenants, restrictions, reservati,,ns, liens and charges hereinafter set forth. NOW, THEREFORE, Declarants hereby declare that the property comprising this Business Park shall be held, sold and conveyed subject to the following covenants, conditions, restrictions, uses and obligations, all of which are declared and agreed to be for the protection of the value of property in the Business Park and for the benefit of any person having any right, title or interest in lots within the Business Park and which shall be deemed to run with the land and shall be a burden and benefit to any person acquiring such interest, their grantees, successors, legal representatives and assigns. ARTICLE 1.00 - DEFINITIONS 1.01 GENERAL: As used in this Declaration, the words or terms defined in the following sections of this article shall have the meanings therein set forth. "Architectural Review Committee" or "Committee" shall mean (and refer to the Architectural Review Committee established pursuant to Article 4.00 of this Declaration. (2) "Building" shall mean and include the main portion of any structure built for permanent use on any Lot, including i garages and carports attached thereto and all projections or extensions thereof, including roof overhangs. (3) "Business Park" shall mean the lands described on Exhibit A. (4) "Declaration" shall mean the Declaration of Covenants, Conditions and Restrictions. (5) "Declarants" shall mean the trustees of the Almeda Springer Trust, their successors, distributees and assigns. (6) "Detention Pond" shall mean an area designed to hold storm runoff waters temporarily and release such waters at a lower rate of flow so that the total volume of water released over any period of time approximates the historic rate of flow of storm waters on the site at any location before construction of site improvements. (7) "Lot" shall mean a lot, phase or parcel of land, as platted and defined by a plat of the land comprising any part of the Business Park. Declarants reserve the right in any conveyance of parcels within the Business Park to define a Lot or Lots within the lands conveyed as a provision of the deed of,conveyance and any parcels so defined as a lot or phase shall be a Lot for the purpose of this Declaration. (8) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of any Lot in the Business Park. For the purpose of this Declaration, any person holding a purchaser's interest under a contract of sale and purchase of a Lot under which such person has the right to possession of the Lot shall be considered to be the Owner of the same, and in such case, the seller under such contract of sale shall not be considered to be the Owner. (9) "Utility Installation" shall mean water, sanitary sewer, storm sewer, electric, gas, telephone and similar utility lines, storm drainage facilities and other allied facilities which are determined by the Architectural Review Committee to be compatible with the purpose of this Declaration. 1.02 OTHER: Other terms may be defined in specific provisions contained in this Declaration and shall have the meaning assigned in such provision(s). ARTICLE 2.00 — SCOPE OF DECLARATION 2.01 PROPERTY SUBJECT TO DECLARATION: Declarants, as the owners of fee simple title to all of the property constituting the Business Park, expressly intend to and by the execution and �M 0 0 recording of this Declaration do hereby subject all Lots within the Business Park to the provisions of this Declaration. 2.02 CONVEYANCES SUBJECT TO DECLARATION: All restrictions, conditions, covenants, reservations, liens, charges, rights, benefits and privileges which are granted, created, reserved or declared by this Declaration shall be deemed to be covenants appurtenant, running with the land, and shall at all times inure to the benefit of and be binding on any person having at anytime any interest or estate in any Lot in the subdivision and their respective successors, representatives and assigns. Reference in a deed of conveyance, lease, mortgage, deed of trust, other evidence of obligation or other instrument to the provisions of this Declaration shall be sufficient to create and reserve all of the restrictions, conditions, covenants, reservations, liens, charges, rights, benefits and privileges which are granted, created, reserved or declared by this Declaration as fully and completely as though they were set forth in their entirety in any such document. 2.03 PURPOSE: The Lots in the Business Park are made subject to this Declaration to ensure proper use and appropriate development and improvement of all properties within the Business Park so as to: (1) Protect the Owners and tenants of building sites against such improper development and use of surrounding building sites as might depreciate the value and use of their building sites; and (2) Prevent the erection on the property of structures constructed of improper or unsuitable materials or with improper quality and methods of construction; and (3) Ensure adequate and reasonably consistent development of the property; and (4) Encourage and ensure the erection of attractively designed permanent improvements appropriately located on the Lots in the Business Park in order to achieve harmonious appearance and function; and (5) Provide adequate off-street parking and loading facilities; and (6) Generally promote the welfare and safety of the occupants, tenants and Owners of building sites. This Declaration shall be liberally construed in order to accomplish the aforesaid purposes. - 3 - 0 0 ARTICLE 3.00 - PERMITTED USES 3.01 GENERAL: No noxious or offensive trades, services or activities shall be conducted on any Lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the Owner, tenant or occupant of other Lots within the Business Park by reason of unsightliness or the excessive emission of fumes, odors, glare, vibration, gases, radiation, dust, liquid waste, smoke or noise. 3.02 LIMITATION: Lots in the Business Park shall be utilized only for: professional and administrative offices; engineering, research and testing facilities or laboratories; healthcare, medical and dental offices and such other uses as the Architectural Review Committee shall determine are compatible with the purpose of this Declaration and permitted by such Committee in its sole discretion. To assist the Committee in its determinations, this limitation is intended to -prohibit uses such as car washes, convenience stores, restaurants, amusements, service stations and repair shops, and residential dwellings. ARTICLE 4.00 - ARCHITECTURAL REVIEW COMMITTEE 4.01 ARCHITECTURAL REVIEW COMMITTEE: There is hereby established an Architectural Review Committee which shall have the powers and duties set forth in this Declaration. Initially, the Architectural Review Committee shall consist of the following individuals: Harold S. Fisher, David B. Hill and Robert C. Homburg. A majority of the Owners shall have all powers to substitute other persons for any member who may resign or for any other reason ceases to act as a member. Either Harold S. Fisher or David B. Hill shall resign and be so replaced within one year from the date hereof. The Architectural Review Committee shall maintain at all times a current list of its members and such members' addresses and records of its actions which shall be available to Owners for review and copying at all reasonable times. The vote of a majority of the members of the Architectural Review Committee shall constitute the action of the Committee. The.Committee may take action by unanimous written consent in lieu of a meeting and may also meet by telephone conference in which all members participate. 4.02 RESTRICTION: No structures or other improvements shall be constructed, erected, placed, altered, maintained or permitted on any Lot until plans and specifications with respect thereto in manner and form satisfactory to the Architectural Review Committee showing the proposed improvements, site plan, all exterior elevations, materials and colors, signs and landscaping, traffic engineering, number and size and layout of parking spaces, grading, easements and utilities, proposed building use and estimated number of employees, and such other information as may be requested by the Committee have been submitted to and approved in writing by the Committee. - 4 - 0 0 4.03 STANDARD FOR REVIEW: Approval shall be based, among other things, on adequacy of the Lot dimensions, conformity and harmony of external design with neighboring structures, effect of location and use of improvements on neighboring Lots, operations and uses; relationship of topography, grade and finished ground elevation of the Lot being improved to that of neighboring Lots; property facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and intent of this Declaration. The Architectural Review Committee shall not arbitrarily or unreasonably withhold its approval of such plans and specifications. 4.04 ACTION: If the Architectural Review Committee fails either to approve or disapprove plans and specifications submitted to it (including resubmission of disapproved plans and specifications which have been revised) within thirty (30) days after the same have been submitted with all required information, it shall be conclusively presumed that said plans and specifications have been approved, subject, however, to any other restrictions contained in this Declaration. The Architectural Review Committee shall notify the Owner in writing upon receipt of all required plans, specifications and information required by the Committee in connection with an application; and the aforesaid 30-day period shall commence on the date of such notification. 4.05 DISCLAIMER AND RELEASE: Neither the Architectural Review Committee nor Declarants nor their respective successors or assigns shall be liable in damages to anyone submitting plans to them for approval or the Owner of any land affected by this Declaration by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any such plans and specifications which are submitted to it. Every person who submits plans to the Committee for approval agrees by submission of such plans and specifications and any Owner or tenant of any of the Lots in the Business Park agrees by acquiring title thereto or an interest therein, that he will not bring any action or suit against.the Architectural Review Committee or Declarants asserting any right to recover any such damages. ARTICLE 5.00 - REGULATIONS OF IMPROVEMENTS 5.01 SETBACKS: All buildings and structures shall be erected within setback requirements established by the Architectural Review Committee to create and preserve an attractive setting for buildings located along the street. 5.02 HEIGHT RESTRICTIONS: No building or appurtenance, including but not limited to, penthouses, elevators or elevator equipment, stairways, ventilating fans or similar equipment required to operate and maintain any building, skylights, cooling or other towers, wireless, radio or television masts or flagpoles shall exceed a height of twenty-five (25) feet above the finished 0 0 building grade without the prior written approval of the Architectural Review Committee. Lot shall be 5.03 OFF-STREET PARKING: Psraces provided for and described king on any permitted only on paved parking P shall be provided by herein below. Adequate off-street parking visitors.s and The location, each Owner and tenant for customer rshall be subject to approval by number and size of parking Pacese. The general standard to be the Architectural Review Committe adopted by the Committee shall bebasedupon the proposed use and anticipated activity within the Lot. All off-street parking spaces and access drives shall be ual graded to assure adequate drainage. paved and properly g the Architectural Review Committee to be screening, determined bythe between any parking lot and adjoining adequate, must be provided streets. _. 5.04 LOADING AREAS: Truck loading and receiving areas shall not be permitted in the front yard of any building without approval of the Architectural Review Committee. adjoining ovded i Visual screening approved by the Architectural Review Committee shall be between any truck loading or receiving area and any rovi street. No materials, supplies, equipment, 5.05 OUTSIDE STORAGE: finished or semi -finished products or articles of any nature shall be stored or permitted to remain on any Lot outside of a building except in in yard storage areas which arthe°Architectural accordance with plans and designs approved by Review Committee. Waste and rubbish storage facilities shall be or properly screened and shall not beinstallethecArchitectaral utilized without prior written approval Review Committee. ns shall be permitted anywhere within the 5.06 SIGNS: No sig approval of the Architectural Business Park without writnsnshal conform with any written sign Review Committee. All sig standards adopted by the Architectural Review Committee and al applicable laws and governmental regulations. 5.07 UTILITY CONNECTIONS: All utility connections, including all electrical and telephone connection, and installation of s rom the est wires to buildings shall be ma,ogas, und felectric norrother available power source. No transformeraratus shall be located on meter of any kind or other similar aPP building, but the an power pole nor hung on the outside of any y All such same shall be placed on or bebewadequatelydsurface screened.and where placed on the surface, shall prior approval of the installations shall be subject to p Architectural Review Committee. The Architectural Review rant a variation of the foregoing restrictions if Committee may 9 affect any the Co mmittee determines that such ill not adverselyaffect with the purposes of this Declaration, will - 6 - 0 • other Lot in the Business Park and is reasonably necessary in order to develop any Lot. 5.08 ON -SITE DRAINAGE: Each Lot Owner shall be required to provide adequate drainage facilities, to meet all requirements of the City of Fort Collins. 5.09 MAINTENANCE: Each Lot Owner shall keep his buildings, improvements, appurtenances and landscaping thereon in a safe, clean, maintained, neat, wholesome condition and shall comply in all respects with all governmental statutes, ordinances, regulations, health and police and fire requirements. Each such Owner, tenant or occupant shall remove at his own expense any rubbish or trash of any character which may accumulate on the building site. Rubbish, trash, garbage and other waste shall be kept only in sanitary containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Rubbish and trash shall not -be disposed of on the premises by burning in open fires. 5.10 ARCHITECTURE AND BUILDING MATERIALS: The architectural design of each building shall assure that all buildings and improvements are substantially similar to each other and shall blend in with the environment. Owners should recognize that detailed refinement of those standards, is a function of the Committee's review process. The types and specifications of materials used for the exterior of all buildings shall be primarily masonry, brick or natural stone with the use of wood exteriors kept to a minimum. ARTICLE 6.00 - LANDSCAPING 6.01 LANDSCAPING REQUIRED: All Lots shall be landscaped in accordance with a plan to be submitted by the Lot Owner and approved in writing by the Architectural Review Committee. There shall be no development of any Lot prior to obtaining the approval of the Architectural Review Committee for the landscape plan. Such landscape plan shall include information regarding the type of sodding, type of seeding, types of trees, hedges and shrubs, and information regarding any other customary landscape treatment for the entire site, including fences, walls and screening. Any other information required by the Architectural Review Committee pertaining to landscaping shall also be submitted and require approval of the Architectural Review Committee. All landscaping plans shall include an underground lawn sprinkling system. It shall be the responsibility of the Owner of a Lot to landscape and maintain the area between the Lot lines and the curbs of any public roadways adjacent to the Lot. All landscaping shall be undertaken and completed in accordance with such approved plan, and such plan may not be altered, amended or revised without written approval of the Architectural Review Committee. - 7 - 0 • 6.02 COMPLETION: All landscaping required hereunder or otherwise to be provided on any Lot shall be completed within sixty (60) days after the substantial completion of construction of any buildings to be constructed on the Lot; provided, however, if weather conditions do not permit completion within the aforesaid time, then such landscaping shall be completed as soon thereafter as weather conditions will permit. . 6.03 MAINTENANCE: All landscaping shall be maintained in neat, clean and healthy condition with adequate watering, trimming, removal of litter, fertilizing and replacement of plants, so that the grounds of any Lot compliment and enhance the overall appearance of the Business Park. ARTICLE 7.00 — ENFORCEMENT OF LANDSCAPING REQUIREMENTS 7.01 FAILURE TO UNDERTAKE AND COMPLETE LANDSCAPING: If the Owner fails to undertake and complete the landscaping required in Article 6.00 within the time allowed therein, the Architectural Review Committee may, at its option, after giving -the Owner ten (10) days' written notice, undertake and complete the landscaping of the Lot in accordance with the approved landscaping plan. (If within the aforesaid ten days such Owner proceeds and thereafter diligently pursues the completion of the landscaping, the Architectural Review Committee shall take no further action.) If the Architectural Review Committee undertakes and completes landscaping because of the failure of the Owner to complete the same, the costs so incurred by the Architectural Review Committee shall be assessed against the Owner as provided in this Declaration. 7.02 FAILURE TO MAINTAIN LANDSCAPING: If any Owner fails to adequately maintain the landscaping installed on the Owner's Lot, the Architectural Review Committee may, at its option, after giving the Owner ten (10) days' written notice, undertake to perform the necessary maintenance of the landscaping on the Lot. (If within the aforesaid ten days the Owner of the Lot performs the necessary maintenance and so long as the landscaping is adequately maintained thereafter, the Architectural Review Committee shall take no further action.) If the Architectural Review Committee undertakes to maintain the landscaping, all costs incurred by the Committee in performing such maintenance shall be assessed against the Lot Owner. Maintenance shall include replacement of any landscaping in need of replacement. If the Architectural Review Committee undertakes to maintain landscaping in accordance with the above, the Architectural Review Committee shall continue to perform all necessary maintenance until the Lot Owner assumes the maintenance responsibility and adequately maintains the same. 7.03 LIEN: The Architectural Review Committee is hereby granted a lien against all Lots in the Business Park of any payment or payments which a Lot Owner fails to make as required by this Declaration. Such lien shall be effective upon 0 • recordation of a notice thereof in the office of the Clerk and Recorder of Larimer County, Colorado. Each Owner by accepting a deed to a Lot in the Business Park appoints, designates and constitutes any of the members of the Committee as agent with full irrevocable power and right to record a notice of said lien in favor of the Architectural Review Committee. Any lien accruing hereunder shall be foreclosed in the same manner as provided by the laws of the State of Colorado for foreclosure of mortgages on real property. Notwithstanding anything herein contained which may be to the contrary, all liens created pursuant to this provision shall be subject and subordinate to and shall not affect the right of a holder of a recorded first mortgage on any Lot made in good faith and for value. In addition to the lien herein granted, the Architectural Review Committee shall have the right to bring any appropriate action in court against any Lot Owner who fails to pay any amount assessed against his property and may obtain judgment for the amount of the assessment due plus costs and fees as herein -provided. Sale and transfer of any interest by an Owner shall not affect or relieve any lien granted to the Architectural Review Committee hereunder; provided, however, that in case of the conveyance of a Lot pursuant to foreclosure proceedings or by deed in lieu of foreclosure, such transfer of title shall extinguish the lien for all unpaid assessments made by the Architectural Review Committee becoming due before the date of transfer of title or date of first possession, whichever first occurs. 7.04 NEW OWNER: Any party, before acquiring an interest in a Lot within the Business Park, may request from the Architectural Review Committee a written statement of any assessments, fees or other charges due from the present Owner of such Lot pursuant to this Declaration. Such statement shall be furnished and such party shall be entitled to rely thereon. No lien shall be enforced against any Lot on account of any fees, assessments or other charges which accrue before the date of such statement and were not reflected thereon. ARTICLE 8.00 - RIGHT OF REPURCHASE 8.01 RIGHT OF REPURCHASE: If any Lot Owner fails to commence construction of a building on a Lot within the Business Park within a two (2) year period commencing with the date of conveyance from Declarants to an Owner, Declarants shall have the right to repurchase the Lot at any time within one hundred eighty (180) days after the expiration of said two-year period upon giving to said Owner fifteen (15) days' prior written notice of Declarants' intention to repurchase. The repurchase price shall be the price paid by such Owner for the Lot when purchased from Declarants plus reimbursement for any real property taxes paid by said Owner relating to the Lot, less the unpaid balance of any mortgage or deed of trust or other amounts, nonpayment of which may be assessed as liens against the Lot. The provisions of this Article shall be specifically enforceable by Declarants through appropriate court proceedings. If Declarants fail to give - 9 - written notice exercising Declarants' right to repurchase within the 180-day period as aforesaid, said right of repurchase shall be deemed waived. Declarants reserve the right, at its sole discretion, to extend the time to commence construction, but any such extension of time must be in writing. Commencement of construction of a building as defined herein means that the Owner of the Lot has: (1) Obtained approval from the Architectural Review Committee as required by this Declaration; and (2) Obtained building permits from the appropriate governmental authorities authorizing construction of a building and improvements as approved by the Architectural Review Committee; and (3) Entered into a construction contract with a contractor licensed to do business in Colorado for construction of a building; and (4) Expended at least the sum of Ten Thousand Dollars ($10,000.00) pursuant to such construction contract for on - site construction work. ARTICLE 9.00 - ENFORCEMENT 9.01 ABATEMENT AND SUIT: The conditions, covenants, restrictions and reservations herein contained shall run with the land and be binding upon and inure to the benefit of the Declarants and the Owners of every Lot in the Business Park. These conditions, covenants, reservations and restrictions may be enforced as provided hereinafter by Declarants and the Architectural Review Committee. If any Lot Owner requests that either of the foregoing parties enforce any provision of this Declaration which is being violated and such party fails to act within thirty (30) days after receipt of such notification, then and in that event only such Owner may separately, at his own cost and expense, enforce the conditions, covenants, restrictions and reservations herein contained, without right or reimbursement from the Committee or Declarants. 9.02 NUISANCE: Every violation of this Declaration or any part thereof is hereby declared to be and constitute a nuisance, and every public or private remedy allowed therefor by law or equity against any Lot Owner, tenant or occupant shall be applicable against every such violation and may be exercised by Declarants or the Architectural Review Committee and, as provided in Article 9.01 above, may further be exercised by any Lot Owner if any of the foregoing parties fails to take action within thirty (30) days after request for such action. 9.03 FEES AND COSTS: In any legal or equitable proceeding for the enforcement or to restrain the violation of any provision of this Declaration, the losing party or parties shall pay the - 10 - reasonable attorneys' fees of the prevailing party or parties in such amount as may be fixed by the court in such proceedings. All remedies provided herein or at law or in equity shall be cumulative and not exclusive. 9.04 NO WAIVER: The failure of any person to enforce any of the covenants, conditions, restrictions or reservations herein contained shall in no event be deemed to be a waiver of the right to do so for subsequent violations or the right to enforce any other condition, covenant, restriction or reservation. 9.05 DISCLAIMER: Neither Declarants nor the Architectural Review Committee shall be liable to any Owner or any other party because of failure to exercise any right to enforce any of the provisions of this Declaration as provided herein. ARTICLE 10.00 - TERMINATION OF DECLARANTS' RIGHTS AND DUTIES All of the rights, powers and duties of Declarants herein contained shall terminate at such time as all of the Lots in the Business Park are improved with the building improvements. If at such time the Declarants, their successors or distributees are an owner, either alone or in common with others, of a Lot in the Business Park, their rights and duties as such Owner shall continue. ARTICLE 11.00 - TERM, TERMINATION, MODIFICATION AND AMENDMENTS 11.01 TERM: This Declaration, every provision hereof and every covenant, condition, restriction and reservation contained herein shall continue in full force and effect for a period of twenty-one (21) years from the date hereof and shall thereafter be renewed automatically from year to year unless and until terminated as provided in Article 11.02 below. 11.02 TERMINATION, MODIFICATION AND AMENDMENTS: This Declaration, or any provision hereof, or any covenant, condition, restriction or reservation contained herein, may be terminated, extended, modified or amended as to the whole of the Business Park or any portion thereof with the written consent of the Owners of sixty-five percent (65%) of the Lots in the Business Park. A termination, extension, modification or amendment made as provided herein shall immediately be effective upon recording a proper instrument in writing executed and acknowledged by the required Owners (and by Declarants if required herein) in the office of the Clerk and Recorder of Larimer County, Colorado. ARTICLE 12.00 - MISCELLANEOUS 12.01 SEVERABILITY: All of the conditions, covenants, restrictions and reservations contained in this Declaration shall be construed together; but if it shall at any time be held by any competent authority with jurisdiction that any one of said conditions, covenants, restrictions and reservations or any part thereof is invalid or for any reason becomes unenforceable, no other condition, covenant, restriction or reservation or any part thereof shall be thereby affected or impaired. 12.02 OWNER'S LIABILITY SUBSEQUENT TO SALE: Upon sale of a Lot in the Business Park, the Owner so selling shall not have any further liability for the obligations thereon which accrue against the Lot sold after the date of the conveyance; provided, however, that nothing herein shall be construed so as to relieve an Owner of any Lot from any liabilities or obligations incurred prior to such sale pursuant to this Declaration. Furthermore, any such sale shall not enlarge or extend the time for commencement of construction of a building upon a Lot nor modify Declarants' right of repurchase as provided in this Declaration. Any subsequent Owner shall have only the time remaining, if any, to comply with Article 8.00. 12.03 BENEFITS AND BURDENS: The terms and -provisions contained in this Declaration shall bind and inure to the benefit of Declarants, the Owners of all Lots in the Business Park and their respective successors, legal representatives and assigns. 12.04 NOTICE: Any notices required or permitted herein shall be in writing and mailed, postage prepaid, by registered or certified mail, return receipt requested, and shall be addressed as follows: (1) If intended for a Lot Owner, (A) to the address of the Lot, if improved; (B) if the Lot is not improved, to the address set forth in the purchase contract; or (C) if none of the foregoing, to the last known address of the Owner. (2) If intended for Declarants, to the following address: Poudre River Business Park c/o Harold S. Fisher 1240 E. Mulberry Fort Collins, CO 80524 12.05 GRAMMAR: Words used herein regardless of the number or gender specifically used shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires. 12.06 JURISDICTION: This agreement shall be construed in accordance with the laws of the State of Colorado. 12.07 HEADINGS: Article and section headings contained in this Declaration are for convenience only and shall not be - 12 - . I a 0 construed to limit or expand the provisions contained in this Declaration. IN WITNESS WHEREOF, Declarants have executed this instrument the day and year first above written. SPRINGER -FISHER, INC. ATTEST: By: Harold S. Fisher, President Secretary STATE OF COLORADO ) ss. COUNTY -OF LARIMER ) The foregoing instrument was acknowledged before me the day of , 1989, by Harold S. Fisher, as President of Springer -Fisher, Inc. WITNESS my hand and official seal. wcg300 Notary Public My Commission Expires: - 13 -