| M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR PTARMIGAN BUSINESS PARK P.U.D. This Declaration is made this 1st day of November, 2000 by Windsor Investments, Ltd., a Wyoming limited liability company (the "Declarant"). ARTICLE I RECITALS A. The Declarant is the owner of certain real property located in the Town of Windsor, County of Larimer, State of Colorado, legally described as Lots I through 8, and Tracts C, F, G, H & I, Ptarmigan Business Park (the "Property"); and Tracts A, B, D and E (the "Development Property"), attached hereto and incorporated herein by reference,. B. The Declarant desires to create on the Property a first class retail/commercial/office development, and desires to provide for the preservation of the values and amenities of said development. To this end, and for the benefit of the Property and the Owners thereof, the Declarant desires to subject the Property to the covenants, conditions, restrictions, reservations, charges, easements and liens hereinafter set forth. The Declarant may later subject all or some of the Development Property to this Declaration. C. The Declarant desires to create a common interest community on the Property, pursuant to the Colorado Common Interest Ownership Act, C.R.S. 38-33.3- 101 et seq. as it may be amended from time to time (the "Act") in which portions of the Property will be designated for separate ownership and the remainder will be owned by an association of Owners. This Declaration is intended to supplement the Act. In the event of any conflict between the provisions of this Declaration and mandatory provisions of the Act, the Act, including all amendments to the Act, shall prevail.
D. The Declarant desires
to provide for the maintenance and use of the common elements; to provide
insurance for the common elements; to provide for the organization of
an association of owners for the preservation of the value of the Property
for the benefit of the owners; and to designate and assign to the Association
the powers of assessment, maintenance, government, control
and regulation of the common interest community. ARTICLE II SUBMISSION OF PROPERTY The Declarant publishes and declares that the Property shall be held, sold, conveyed, transferred, leased, subleased, and occupied subject to the following easements, covenants, page 2 |