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HomeMy WebLinkAboutCIMARRON SQUARE - Filed OA-OTHER AGREEMENTS - 2003-07-31DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CIMARRON SQUARE WHEREAS, Thomas D. Murphy, III, hereinafter referred to as "the Developer," is the owner of that certain parcel of real property located in the City of Fort Collins, County of Larimer, State of Colorado, known as Cimarron Square, legally described on Exhibit "A" attached hereto and incorporated herein by reference and hereinafter referred to as "the Property"; and WHEREAS, the Developer desires to create a residential community on the Property with common areas and common facilities for the benefit of said community; and WHEREAS, the Developer desires to provide for the maintenance of the common areas and common facilities and desires to establish certain standards for development of the Property as a planned residential community by means of protective covenants to insure the lasting beauty, value, and enjoyment of the Property. To this end, together with such additions as may hereinafter be made thereto, for the benefit of the Property and the Owners thereof, the Developer desires to adopt, and to subject the Property to, the easements, covenants, conditions, restrictions, charges, and liens hereinafter set forth; and WHEREAS, the Developer will incorporate under the laws of the State of Colorado as a nonprofit corporation, Cimarron Square, P.U.D. Homeowners' Association, hereinafter referred to as "the Association", for the efficient preservation of the values and facilities of the community and will delegate and assign to the Association the powers and duties of maintaining the common areas and common facilities, enforcing the covenants and restrictions of this Declaration, and collecting and disbursing the charges and assessments hereafter created. NOW, THEREFORE, the Developer hereby publishes and declares that the Property shall be held, sold, conveyed, transferred, leased, subleased, and occupied subject to the following easements, covenants, conditions, restrictions, reservations, uses, locations, and obligations which shall run with the Property and every portion thereof and shall be binding upon the Developer and all parties having any right, title, or interest in the Property or any portion thereof, their heirs, administrators, successors, and assigns, and shall inure to the benefit of the owners thereof. ARTICLE I: DEFINITIONS Section 1: "Plat" shall mean and refer to the recorded plat of Cimarron Square, recorded in the Office of the Clerk and Recorder of the County of Larimer, State of Colorado, including any amendments thereto or replats thereof but excluding subsequent filings if any. I. Section 2: "Development Plan" shall mean and refer to the final development plan for Cimarron Square, as approved by the City Council of the City of Fort Collins, Colorado. Section 3: "Lot" shall mean and refer to any lot designated on the Plat, exluding and excepting the General Common Areas. Section 4: "Building Envelope" shall mean and refer to that portion of a Lot within which the residence, dwelling, apartment the dedication or conveyance of portions of Lots for additional easements for public utilities, nor prevent the Developer from replatting all or any portion of the Property. Section 17: Driveways. Owners of Lots 1 through 21 as designated on the Plat hereby expressly agree to share common driveways and common sidewalks with adjoining Lot Owners as pro- vided in the :Development Plan. Any easement is hereby established over and across such sidewalks and driveways for the use and bene- fit of the Owners of said adjoining Lots, the members of their families, and their guests, invitees, lessees, tenants, and sub- tenants. Said adjoining Lot Owners further agree to share equally in the costs of installing and maintaining said driveways and sidewalks. Curb cuts for driveways shall be permitted only as designated on the Plat and in the Development Plan. Section 18: Fences. No fences, hedges, or walls shall be erected or maintained on any Lot or other portion of the Property except as are installed by the Association or approved by the Committee. Section 19: Landscaping. Each Lot Owner shall, within a reasonable time after completion of construction of a building or other structure upon a Lot, sod the Limited Common Areas of his Lot and shall install, at a minimum, the landscaping indicated in the Development Plan. All landscaping of the General Common Areas and buffer landscaping along South Shields Street and West Drake Road as indicated in the Development Plan shall be installed by the Developer at his cost. Section 20: Liability. The Committee shall not be liable for damages by reason of any action, inaction, approval, or disapproval by it with respect to any request made pursuant to this Article. ARTICLE VI: USE OF PROPERTY Section 1: Residential Use. All property designated on the Plat for residential use shall be used, improved, and devoted exclusivley for residential use and in accordance with the Develop- ment Plan. No building shall be located on any Lot outside the boundaries of the Building Envelope as designated on the Plat and in the Development Plan. Eaves, steps, and open porches (not roofed) shall not be considered as part of a building provided, however, that this shall not be construed to permit any portion of a building to encroach upon any other Lot. Section 2: Business and Nuisances. No retail, wholesale, manufacturing, or other type of business, professional offices, or home occupations of any kind shall be permitted on any Lot or in any Living Unit. No activity which may be or may become an annoyance or nuisance shall be carried on upon any Lot or in any Living Unit or anywhere on the Property. Section 3: Maintenance of Property. Each Owner of a Lot and the Owners of Condominium Units within a Lot shall maintain the Limited Common Areas and shall keep all buildings and other improve- ments situated on the Lot in good order and repair which shall include the painting or other appropriate external care of all buildings and other improvements in a manner and with such frequency as is consistent with good property management. In the event the Committee is not satisfied with the level of maintenance of the Limited Common Areas or any building or other structure situated upon a Lot, it shall so notify the Owner in writing and the Owner shall have thirty (30) days thereafter in which to restore the Limited Common Area, building, or other structure to a level of maintenance acceptable to the Committee. If, in the opinion of the Comu»ittee, the Owner has failed to bring the Lot to an acceptable st. nklard within such thirty (30) day period, the Committee may order the necessary repair, maintenance, and restoration of the Limited -10.- Common Areas, building, or other structure; and all costs related to such maintenance, repair, or restoration shall become a special assessment upon such Lot or the Condominium Units located thereon. Multiple owners of Lots or Condominium Units shall be jointly and severally liable for such assessment. ARTICLE VII: EASEMENTS Easements for installation and maintenance of utilities and drainage facilities are hereby expressly reserved as designated on the Plat. Within said easements, no structure, landscaping, or other material shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities or which may change the direction or flow of drainage channels in said easements or which may obstruct or retard the flow of water through drainage channels in said easements. The easement area within each Lot shall be landscaped and maintained by the Owner of said Lot except such improvements for which a public authority or utility company is responsible. ARTICLE VIII: RESPONSIBILITY OF THE DEVELOPER Section 1: Developer's Work. The Developer is undertaking the work of developing a planned residential community within the Property. The completion of that work and the sale and other disposal of the Lots is essential to the welfare of the Property. In order that said work may be completed and the Property developed as a planned residential community, nothing herein contained shall: A. Prevent the Developer, his contractors, or his sub- contractors from doing on the Property or on any Lot whatever is reasonably necessary or advisable in connection with the completion of said work; or B. Prevent the Developer or his representatives from erecting, constructing, and maintaining on any portion of the Property such structures as may be reasonably necessary for the conduct of his business in completing said work and establishing the Property as a planned residential community and disposing of the Lots by sale or otherwise; or C. Prevent the Developer from maintaining such signs on any part of the Property as may be necessary for the sale or disposition thereof. Section 2: Development of the Common Areas. The Developer hereby expressly agrees to construct a swimming pool, bath house, and two (2) tennis courts in such areas as are designated on the Plat and indicated in the Development Plan. The Developer shall commence construction of the tennis court facilities no later than such time as forty percent (40%) of Lots 1 through 25 and 30 through 32 inclusive as designated on the Plat have been sold and shall complete such work within a reasonable time thereafter. The Developer shall commence construction of the swimming pool and bath house facilities no later than such time as eighty percent (80%) of Lots 1 through 25 and 30 through 32 inclusive as designated on the Plat have been sold and shall complete such work within a reasonable time thereafter. All costs of such construction shall be borne by the Developer. The Developer may retain the legal title to the General Common Areas or any portion thereof until such time as he deems appropriate, but in any event, the Developer shall convey the General Common Areas to the Association when construc- tion of all of the above -described improvements has been completed, when eighty percent (80%) of all Lots have been sold by the Developer, -11- and when, in the opinion of the Developer, the Association is capable of maintaining the General Common Areas. ARTICLE IX: GENERAL PROVISIONS Section 1: Duration. The covenants and restrictions of this Declaration shall run with and bind the land for a period of thirty (30) years from the date this Declaration is recorded in the Office of the Clerk and Recorder of the County of Larimer, State of Colorado, after which time they shall be automatically extended for successive periods of ten (10) years unless terminated by an instrument signed by Owners of two-thirds (2/3) of the Living Units permitted within any Building or other structure to be constructed upon any portion of the Property as indicated on the Plat and in the Development Plan. Any such instrument must be recorded in the Office of the Clerk and Recorder of the County of Larimer, State of Colorado. Section 2: Amendment. This Declaration may be amended at any time by an instrument signed by Owners of two-thirds (2/3) of the Living Units permitted within any Building or other structure to be constructed upon any portion of the Property as indicated on the Plat and in the Development Plan, provided that Section 6 of Article 9 herein shall not be so amended. Any such instrument must/ be recorded in the Office of the Clerk and Recorder of the County of Larimer, State of Colorado. Section 3: Enforcement. Enforcement of this Declaration and these covenants, conditions, and restrictions shall be by appropriate proceedings at law or in equity against those persons violating or attempting to violate any covenant or covenants. Such judicial proceeding shall be for the purpose of removing a violation, restraining a future violation, for recovery of damages for any violation, for recovery of assessments due, or for such other and further relief as may be available. Such judicial proceeding may be prosecuted by any Owner or by the Association on behalf of its members and the Association may assess the costs of such prosecution as a Common Expense. Tie failure to enforce or to cause the abatement of any violation of this Declaration shall not preclude or prevent the enforcement thereof of a future or continued violation whether such violation shall be of the same or of a different provision within these covenants. Section 4: Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 5: Limitation. So long as the Developer owns any Lot, Condominium Unit, or other portion of the Property, the Association may not use its resources or take a public position in opposition to the general plan for development of the Property as provided in the Development Plan. Nothing in this section shall be construed to limit the rights of the members acting as individuals or in affiliation with other members or groups. Section 6: Provision for Maintenance by the City of Fort Collins. In the event the Association fails or refuses to maintain the General Common Areas as herein provided in a reason- able order or condition, in accordance with the Development Plan, the City of Fort Collins, Colorado may assume, upon a Resolution adopted by a majority of the members of the City Council, the duties and responsibilities of the Association and may assess and collect the cost of any such maintenance in the same manner as the Association and shall have a lien against the Lot or Condominium Unit of any Owner who shall fail or refuse to pay any such assessment when due as herein provided. -12- IN WITNESS WHEREOF, this Declaration of Easements, Covenants, Conditions, and Restrictions for Cimmarron Square was executed the 1= day of September, 1978. omas D. murphIV, III STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing Declaration of Easements, Covenants, Conditions, and Restrictions for Cimarron Square was subscribed and sworn to before me this day of September, 1978, by Thomas D. Murphy III. My Commission expires:�- WITNESS my hand and official seal. i Notary u is -13- EXHIBIT "A" EXHIBIT "A" ATTACHED TO AND MADE PART OF THE DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CIMARRON SQUARE. REAL PROPERTY DESCRIPTION A tract of land located in the NW1/4 of Section 26, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado being more particularly described as follows: Considering the West Line of said Section 26 as bearing S. 00°26'28" E. and with all bearings contained herein relative thereto: Commencing at the Northwest corner of said Section 26; thence along the West line of the NW1/4 of Section 26, S. 00126'28" E. 822.89 feet to a point; thence leaving said West line and continuing easterly N. 89°33'32" E. 50.00 feet to a point on the east right-of-way line of Shields Street, said point being the True Point of Beginning; thence northerly along said east right-of-way line N. 00°26'28" W. 747.32 feet to a point; thence along the arc of a curve to the right 39.46 feet, whose radius is 25.00 feet, delta is 90025146" and long chord bears N. 44°46'25" E. 35.49 feet to a point on the south right-of- way line of Drake Road; thence continuing easterly along the said right-of-way line N. 89159118" E. 724.43 feet to a point; thence leaving the :said south right-of-way line and continuing southerly along the west boundary of Woodwest 1st and 3rd Filings, a sub- division filed in the City of Fot Collins, Larimer County, Colorado, S. 00000142" E. 766.92 feet; thence westerly along the north boundary of Woodwest 3rd Filing, a subdivision filed in the City of Fort Collins, Larimer County, Colorado, S. 89*33132" W. 743.85 feet to a point, said point being the True Point of Beginning. Said tract of land contains 13.1916 acres gross.' s building, or other structure must be constructed as described and designated on the Plat and in the Development Plan. Section 5: "Living Unit" shall mean and refer to any portion of a structure situated upon the Property which is designed and intended for the use and occupancy, as the living quarters, of a person, family, or group of persons as permitted by the Code of the City of Fort Collins, Colorado. Section 6: "Condominium Unit" shall mean and refer to any Living Unit within the Property designated as a condominium, pur- suant to the Colorado Condominium Ownership Act, on a condominium map recorded in the Office of the Clerk and Recorder of the County of Larimer, State of Colorado. Section 7: "General Common Areas" shall mean and refer to all real property and the improvements located thereon described and designated on the Plat and in the Development Plan for the common use and enjoyment of the Owners. Section 8: "Limited Common Areas" shall mean and refer to that portion of each Lot which lies outside the Building Envelope as _ described and designated on the Plat and in the Development Plan and which is limited to or reserved for the common use and enjoyment of the Owner or Owners of said Lot or the Condominium Units located thereon. Section 9: "Common Expenses" shall mean and refer to the cost of maintenance and care of the General Common Areas which shall include, by way of example and not limitation, installation and maintenance of common lighting; repairs and renovations of any real or personal property owned by the Association and any structures located thereon; casualty, public liability, and other insurance; taxes; special assessments; water charges and other utility fees; road repair, maintenance, and renovation; management and adminis- tration costs; wages; legal and accounting fees; operational fees; expenses and li_abilites incurred by the Association pursuant to or by reason of this Declaration or the Articles of Incorporation and By -Laws of the Association; the payment of any deficit remaining from a previous period; the creation of a reasonable contingency, reserve, sinking, or surplus fund; other sums declared Common Expenses by the provisions of this Declaration; and all other sums lawfully assessed by the Association pursuant to the Articles of Incorporation and By -Laws of the Association. Section 10: "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of any Lot or Condo- minium Unit including contract purchasers but excluding those having an interest merely as security for the performance of an obligation. Owner shall not include those persons or entities having a leasehold interest in a Living Unit. ARTICLE II: MEMBERSHIP AND VOTING RIGHTS Section 1: Members. Every Owner shall be a member of the Association. Membership shall be appurtenant to and may not be separated from an ownership interest in any Lot or Condominium Unit. All members shall be subject to and shall abide by these covenants, the Articles of: Incorporation and By -Laws of the Association, and all rules and regulations adopted by the Board of Directors of the Association pursuant to this Declaration and the Articles of Incor- poration and By -Laws of the Association. Membership shall pass by operation of law upon the sale of a Lot or Condominium Unit which may be by deed or installment land contract. Membership shall terminate upon such sale but such termination shall not relieve or release any former Owner from any liability or obligation incurred as a result of these covenants or in connection with membership in -2- the Association nor shall such termination impair any rights or remedies which the Association or its members may have against such former Owner as a result of a breach of these covenants and the obligations incident thereto. Section 2: Voting Rights. The Association shall have three (3) classes of voting membership: Class A: Class A members shall be all Owners of Lots and shall be entitled to one (1) vote for each Living Unit permitted within any building or other structure to be constructed upon the Lot as indicated on the Plat and in the Development Plan. Class B: Class B members shall be all Owners of Condo- minium Units and shall be entitled to one (1) vote for each Condo- minium Unit owned. Class C: The Class C member shall be the Developer who shall be entitled to one and one-half (1 1/2) votes for each Living Unit permitted within any building or other structure to be con- structed upon any Lots owned by said Developer as indicated on the Plat and in the Development Plan. When more than one (1) person or entity holds a beneficial interest in a Lot or Condominium Unit, which shall include an interest by joint tenancy or tenancy in common, all such persons shall be members of the Association and shall be subject to these covenants and the Articles of Incorporation and By -Laws of the Association; but the vote attributable to such Lot or Condominium Unit shall be cast as such persons among themselves determine; and no division of the vote attributable to such Lot or Condominium Unit shall be permitted. ARTICLE III: COMMON AREAS Section 1: Obligations of the Association. The Association, subject to the rights of the Owners as set forth in this Declara- tion, shall be responsible for the exclusive management and control of the General Common Areas and all improvements thereon including furnishings and. equipment related thereto and shall be responsible for the maintenance and repair of the General Common Areas and facilities and shall keep the same in good, clean, attractive, and sanitary condition, order, and repair. Section 2: Members' Easements of Enjoyment. Subject to the provisions herein, every Owner of a Lot or Condominium Unit shall have a right and easement of enjoyment in and to all of the General Common Areas which right and easement shall be appurtenant to and shall pass with title to every Lot and Condominium Unit. Any Owner may delegate his right and easement to the General Common Areas to members of his family, his guests, invitees, lessees, tenants, and subtenants who shall be subject to the Articles of Incorporation, By -Laws, and rules and regulations of the Association. Section 3: Limitation on Easements. The Owners' easements of enjoyment created hereby shall not be exercised in any manner which substantially interferes with the purposes for which the General Common Areas are provided or with the right and easement of any other Owner with respect thereto and shall be subject to the ' following: A. The right of the Association to establish reasonable rules and regulations, and to charge reasonable admission and other fees for the use of the General Common Areas. B. The right of the Association to an Owner to use the General Common Areas for any assessment against his Lot or Condominium suspend the right of any period during which Unit remains unpaid or -3- for a period not to exceed sixty (60) days for violation of the rules and regulations of the Association by the Owner, members of his family, his guests, invitees, lessees, tenants, or subtenants. C. The right of the Association to dedicate or transfer all or any part of the General Common Areas to any public agency, authority, or utility for such purposes and subject to such condi- tions as may be agreed by the members. No such dedication or transfer shall be effective unless approved by two-thirds (2/3) of the votes entitled to be cast by members of the Association. D. The right of the Developer or the Association, in accordance with the Articles of Incorporation and By -Laws of the Association, to mortgage all or any part of the General Common Areas for the purpose of making improvements in or repairs to property owned by the Association. In the event of a default under such mortgage, the mortgagee shall have the right, after taking possession of the General Common Areas, to charge reasonable admission or other fees as a condition to continued use and enjoyment of the General Common Areas by the members and, if necessary, to permit the use and enjoyment of the General Common Areas by the general public until the mortgage debt is satisfied whereupon the possession of the _ General Common Areas shall be returned to the Association and all rights of the members hereunder shall be fully restored. E. The right of the Association to make a special assess- ment upon any Lot or Condominium Unit in the event any General Common Area is damaged or destroyed by an Owner or any member of his family, his guests, invitees, tenants, subtenants, or lessees for the costs of repairing such damage in a good and workmanlike manner in conformance with the original plans and specifications of the area involved or as the area may have been modified subsequently by the Association. F. The right of the Association to permit members of the general public to use the General Common Areas as provided in the Articles of Incorporation, By -Laws, and rules and regulations of the Association and to charge such individuals a reasonable fee for the use of the General Common Areas. Section 4: Use of the General Common Areas. No Owner shall place any structure whatsoever upon the General Common Areas nor in any way alter, damage, or injure the General Common Areas. No Owner shall deny, directly or indirectly, free access to any part of the General Common Areas to any member of the Association or other person entitled to use the General Common Areas. Section 5: Limited Common Areas. Title to the Limited Common Areas shall be retained by the Owner of each Lot. Limited Common Areas shall not be conveyed to the Association, and members of the Association shall have no right to use or enjoy Limited Common Areas except as otherwise agreed between the Owner and the occupants of Living Units within any building or other structure situated upon each Lot. Notwithstanding the foregoing, there is hereby estab- lished a blanket easement upon, over, and across the Limited Common Areas for the purpose of pedestrian access from each Lot to the General Common Areas which easement shall be for the use and benefit of all the Owners, the members of their families, their guests, invitees, lessees, tenants, and subtenants. In the event any building, fence, or other improvement on any Lot abutts upon or is so close to an adjoining Lot as to reasonably require entry upon the Limited Common Areas of such adjoining Lot for the purpose of performing exterior maintenance to improvements on said Lot, the Owner of said Lot shall after reasonable notice to the Owner of such adjoining Lot have the right, exercising due care, to enter upon such adjoining lot and, if necessary, the roof and -4- exterior of any building or other structure upon said adjoining Lot for the purpose of performing exterior maintenance upon the Owner's Lot or any building or other structure upon said Lot. ARTICLE IV: COVENANTS FOR MAINTENANCE; ASSESSMENTS Section 1: Covenant for Maintenance. The Developer hereby covenants and each Owner of any Lot or Condominium Unit by accept- ance of a deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay general assessments and special assessments for capital improvements which shall be established and collected by the Association as hereinafter provided. Section 2: General Assessments. A. Purpose of Assessment. The general assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents of the Property and, in particular, for the improvement, maintenance, and operation of the General Common Areas and facilities and for the payment of Common Expenses. B. Method of Assessment. By vote of two-thirds (2/3) of the Directors, the Board of Directors of the Association shall fix the total general assessment for each year which assessment shall be sufficient to meet the obligations imposed upon the Association by this Declaration. The Board shall set the date(s) such assessments shall become due. The Board may provide for collection of assessments annually or in monthly, quarterly, or semi-annual installments provided, however, that upon default in the payment of any one (1) or more installments, the entire balance of the annual assessment may be accelerated at the option of the Association and be declared due and payable in full. C. Basis for Assessment. Each Owner of a Lot shall pay his proportionate share of the total general assessment based upon the number of Living Units permitted within any building or other structure constructed upon such Lot as designated on the Plat and indicated in the Development Plan. Owners of Condominium Units shall be assessed based upon ownership of one (1) Living Unit. The Owners of Lots 22 through 32 inclusive as designated on the Plat shall be assessed at a rate equal to 1.2 times the assessment of Owners of the remaining Lots. Notwithstanding the foregoing, the Owners of unimproved Lots shall be assessed an amount equal to one-half (1/2) of the amount assessed Owners of developed Lots as herein -above provided. Section 3: Special Assessments for Capital Improvements. In addition to the general assessments authorized hereinabove, the Association may levy in any assessment year a special assessment applicable to that year and not more than the next two (2) suc- ceeding years for the purpose of defraying, in whole or in part, the costs of any construction, reconstruction, repair, or replacement of a capital improvement upon the General Common Areas including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes entitled to be cast by members of the Association. Each Owner shall be assessed his proportionate share of any such special assessments for capital improvements based upon the number of Living Units permitted within any building or other structure to be constructed upon such Lot as designated on the Plat and indicated in the Development Plan. Owners of Condominium Units shall be assessed based upon ownership of one (1) Living Unit. Section 4: Exempt Property. All property dedicated to and accepted by a :local public authority and all property owned by a -5- charitable or nonprofit organization exempt from taxation by the laws of the United States or the State of Colorado shall be exempt from the assessments created herein. However, no lands or improve- ments devoted to dwelling use shall be exempt from said assessments. Section 5: Lien for Nonpayment of Assessments. It shall be the duty of each Owner of a Lot or Condominium Unit to pay his proportionate share of the general and special assessments and any and all other assessments levied by the Association. If any Owner shall fail or refuse to pay any such assessment when due, the amount thereof shall constitute a lien on that Owner's Lot or Condominium Unit as set forth in the deed of conveyance to said Owner; and upon the recording of notice thereof by the Association, such lien shall be constituted upon such Owner's interest in said Lot or Condominium Unit prior to all other liens and encumbrances, recorded or unre- corded, except (a) taxes, special assessments, and special taxes theretofore and thereafter levied by any political subdivision or municipal corporation of this State, any other state, or federal taxes which by law are a lien on the interest of such Owner prior to pre-existing recorded encumbrances thereon, and (b) all sums unpaid on a first mortgage or first trust deed of record, including all unpaid obligatory sums as may be provided by such encumbrance, and including additional advances made thereon prior to the arising of - this lien. Section 6: Evidence of Lien. To evidence such lien for unpaid assessments, the Association shall prepare a written notice setting forth the amount, the name of the Owner of the Lot or Condominium Unit, and a description of the Lot or Condominium Unit. Such notice shall be signed on behalf of the Association by an officer of the Association and shall be recorded in the Office of the Clerk and Recorder of the County of Larimer, State of Colorado. Such lien shall attach from the date of recording in the Office of the Clerk and Recorder and may be foreclosed by foreclosure by the Association of the defaulting Owner's Lot or Condominium Unit in like manner as mortgages on real property. The lien provided for herein shall be in favor of the Association and for the benefit of all of the members of the Association. In any such foreclosure, the Owner shall be required to pay all costs and expenses of such proceedings; the costs, expenses, and attorneys' fees for filing the notice and claim of lien; and all reasonable attorneys' fees'incurred in connection with such foreclosure. The Owner shall also be required to pay to the Association any assessments due and owing during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Association, on behalf of the members, shall have the power to bid on the Lot or Condominium Unit at the foreclosure sale and to acquire, hold, lease, mortgage, and convey the same. The Associa- tion shall send to each first mortgagee a copy of the notice of lien provided for herein. Any encumbrancer holding a lien on a Lot or Condominium Unit may, but shall not be required to, pay any unpaid assessments duE? and owing with respect thereto; and upon such payment, such encumbrancer shall have a lien on such Lot or Condo- minium Unit for the amount paid of the same rank as the lien of his or its encumbrance. Section 7: Personal Obligation to Pay Assessments. Assess- ments made by the Association against each Owner of a Lot or Condominium Unit shall be the personal and individual obligation of the Owner at: the time the assessment is made. Suit to recover a money judgment for unpaid assessments shall be maintainable without foreclosing or waiving the lien securing the same. No Owner may exempt himself from payment of general or special assessments by waiver of the use or enjoyment of the General Common Areas or abandonment of his Lot or Condominium Unit. Section 8: Liability of Grantee. The grantee of a Lot or Condominium Unit shall be jointly and severally liable with the grantor for all unpaid assessments against the Lot or Condominium Unit assessed and due prior to the time of grant or conveyance -6- without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee provided, however, that upon payment of a reasonable fee not to exceed Twenty Dollars ($20) and upon written request any such prospective grantee shall be entitled to a statement from the Association setting forth the amount of the unpaid assessments, if any, with respect to the subject Lot or Condominium Unit, the amount of the current assessment, the period covered by the current assessment, the date the current assessment comes due, and the amount of any credit for advance payments or for prepaid items. Said statement shall be conclusive upon the Associa- tion. Unless such request for a statement of indebtedness shall be complied with by the Association within ten (10) days of such request, then such grantee shall not be liable for nor shall the Lot or Condominium Unit be conveyed subject to the lien for any unpaid assessments against the subject Lot or Condominium Unit. ARTICLE V: ARCHITECTURAL CONTROL Section 1: Architectural Control Committee. An Architectural Control Committee consisting of three (3) or more persons (herein- after referred to as "the Committee") shall be appointed by the Developer. At such time as all buildings, structures, and other improvements have been constructed upon all Lots within the Property as indicated in the Development Plan, the Committee shall be appointed by the Board of Directors of the Association. Section 2: Approval. The Committee shall regulate the external design, appearance, use, location, and maintenance of the Property and of any improvements thereon. No improvements, alterations, repairs, change of paint colors, excavation, changes in grade, or other work which in any way alters the exterior of any Lot or the improvements located thereon from its natural or improved state existing on the date such property was first conveyed by the Developer to an Owner shall be made or done without the prior approval of the Committee unless otherwise expressly provided in this Declaration. No building, fence, wall, residence, or other structure shall be erected, maintained, improved, altered, made, or constructed on any Lot until the construction plans and specifications and a plot plan showing the location of the structure have been approved by the Committee as to the quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography, finish grade elevations, relationship to existing setback lines, and as to the square footage of the living area within any building. In deciding whether to approve or disapprove plans and specifi- cations submitted to it, the Committee shall use its best judgment to insure that all improvements, construction, landscaping, and alteration on any portion of the Property conform to and harmonize with other structures within the Property. The Committee may adopt development guidelines to inform Owners of the specific standards which will be applied in approving or disapproving proposed con- struction. Such guidelines may amplify but may not be less restric- tive than the regulations and restrictions stated in this Declaration. Such guidelines shall include the rules and regulations of the Committee with respect to the submission of plans and specifications for approval, the time or times within which such plans or specifi- cations must be submitted, and may state such other policies which the Committee will consider in approving or disapproving proposed construction of or alteration to buildings and other structures within the Property. Such guidelines shall be adopted and amended by vote of two-thirds C2/3) of the members of the Committee. Section 3: Procedures. An application together with plans and specifications for any such improvement, alteration, repair, or construction shall be submitted to the Committee which shall approve -7- or disapprove such plans and specifications in writing within thirty (30) clays. In the event the Committee fails to approve or disapprove the plans and specifications submitted to it within said thirty ('30) day period, then such approval shall not be required and shall be deemed to have been given. However, no building or other structure shall be erected or allowed to remain on any Lot which violates any of the covenants or restrictions contained herein. An applicant may appeal any adverse decision of the Committee to the Board of Directors of the Association who may reverse or modify such decision by a two-thirds (2/3) vote. Section 4: Building Size and Location. No building shall be erected, altered, or permitted to remain on any Lot unless the living area thereof, exclusive of open porches and garages, shall be not less than one thousand (1,000) square feet per Living Unit within said building for those buildings constructed on Lots 1 through 21 inclusive as designated on the Plat, not less than eight hundred (800) square feet per Living Unit for those buildings constructed on Lots 22 through 25 and 30 through 32 inclusive as designated on the Plat, and not less than seven hundred feet (700) square feet per living Unit for those buildings constructed on Lots 26 through 29 inclusive as designated on the Plat. The Committee may grant relief from the minimum square foot requirements of this section 4 for good cause. Construction of a building or other structure upon any Lot as designated. on the Plat and in the Development Plan shall commence within two (2) years from the date said Lot is first sold or transferred from the Developer and shall be completed within a reasonable time thereafter. In the event construction is not commenced within said two (2) year period, and completed within a reasonable time thereafter, the Developer shall have the right to repurchase the Lot from the then Owner of said Lot at the original purchase price paid by the initial purchaser to the Developer for such Lot without interest thereon. Section 5: Household Pets. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any portion of the Property or within any Living Unit except that dogs, cats,*and other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. Household pets shall be subject to the rules and regulations adopted by the Association and any governmental ordinances or laws. Dogs shall be leashed atall times when outside a Living Unit, and the pet owner shall confine his dog for excretions to the Limited Common Area appurtenant to his Living Unit. Pets constituting a nuisance may be ordered by the Association to be kept within a Living Unit or ordered expelled from the Property. Section 6: Advertising. No advertising, signs, or billboards, except signs offering a Lot or Condominium Unit for sale nor other unsightly objects or nuisances shall be erected, placed, or permitted to remain in or on any portion of the Property. No business activity of any kind whatever shall be conducted on any portion of the Property or within a Living Unit. Section 7: Planting or Gardening. No planting or gardening shall be permitted on any Lot or other portion of the Property` except as designated by the Association and as approved by the Committee. Section 8: Antennas. No exterior television antennas of any sort shall be placed, allowed, or any portion of any improvement or other structure Lot or any other portion of the Property. or radio maintained upon located upon a -8- Section 9: Commercial Vehicles. No trucks or other commercial - type vehicles except pickup trucks as defined by the Committee shall be stored or parked upon any Lot or other portion of the Property except in a closed garage or in areas designated by the Committee nor shall such vehicles be parked on any residential street except while engaged in transport to or from a building or other structure. Section .10: Unused Vehicles. Unused automobiles or other unused vehicles of any kind shall not be stored or parked on any Lot or other portion of the Property except in a closed garage or in areas designated by the Committee. Unused vehicles shall not be parked on any residential street. "Unused vehicle" shall be defined as any vehicle which has not been driven under its own propulsion for a period of one (1) week or longer. A written notice describing the unused vehicle and requesting removal thereof shall be per- sonally served upon the Owner; and if such vehicle has not been removed within seventy-two (72) hours thereafter, the Association shall have the right to remove the same without liability to the owner; and the expense thereof shall be charged against the owner. If such owner shall be a member of the Association, the cost thereof shall be assessed as a special assessment against his Lot or Condo- minium Unit. Section 11: Recreational Vehicles. No boats, trailers, campers, or other recreational vehicles shall be parked in front of or in open view of any Lot for more than twenty-four (24) hours. Nothing herein contained shall prevent the Owner of any Lot from storing any such vehicle within an enclosed garage or otherwise out of view from the surrounding Lots and the adjacent.streets. Section 12: Garbage and Refuse. No Lot or other portion of the Property may be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste and the same shall be disposed of in a sanitary manner. All containers or other equipment for the storage or disposal of garbage and trash shall be kept in a clean and sanitary condition. Trash containers for each Lot shall be kept within its appurtenant garages or other areas to be desig- nated by the Committee except during days designated for pickup and disposal. The burning of trash in outside incinerators, barbeque pits, or other structures is prohibited. Section 13: Temporary Structures. No structure of a temporary character, trailer, mobile home, basement, tent, camper, shack, garage, outbuilding, or accessory building shall be used on any Lot for human habitation during construction or at any other time. Section 14: Storage. No tanks for the storage of gas, fuel oil, or other matter shall be erected, placed or permitted on any Lot. All clothesline equipment, service yards, wood piles, or storage areas shall be located within the confines of enclosures such as privacy fences or other screening devices located so as to conceal such areas from the view of neighboring Lots or adjacent streets. Section 15: Garages. All buildings constructed upon Lots 1 through 21 inclusive as designated on the Plat shall have an attached garage or carport for at least two (2) cars per Living Unit within such building. Section 16: Resubdivision. No Lot shall be resubdivided into smaller Lots nor conveyed or encumbered in any less than the full original dimensions as indicated on the Plat. This restriction shall not prevent the conveyance or encumbrance of adjoining or contiguous Lots or parts thereof in such manner as to create parcels of lend having a greater street frontage then the street frontage on cither of the Lots shown on the Plat, nor prevent the creation of Condominium Units of any Lot. Nothing herein contained shall prevent -9-