AMBER CREEK METROPOLITAN DISTRICT. Resolution to Adopt Fees Regarding Covenant Enforcement, Design Review and Maintenance Services

Transcription

1 AMBER CREEK METROPOLITAN DISTRICT Resolution to Adopt Fees Regarding Covenant Enforcement, Design Review and Maintenance Services WHEREAS, Amber Creek Metropolitan District ( District ) is a quasi-municipal corporation and political subdivision of the State of Colorado organized and operating pursuant to , et seq., C.R.S. and its Second Amended and Restated Service Plan ( Service Plan ); and WHEREAS, the District has the authority pursuant to its Service Plan and (8), C.R.S. to provide covenant enforcement and design review services where the declaration of covenants has named the metropolitan district as the enforcement or design review entity ( Covenant Services ); and WHEREAS, the District has the authority pursuant to its Service Plan and (1)(h), C.R.S. to operate and maintain certain special district improvements; and WHEREAS, the Amended and Restated Declaration of Covenants, Conditions and Restrictions of Amber Creek, was recorded on April 27, 2016 at Reception No in the Office of the Clerk and Recorder for Adams County, Colorado ( Declaration ) against the real property identified in such Declaration as the Amber Creek Community ; and WI-IEREAS, the Declaration authorizes the District to provide the Covenant Services and to assess charges for the Covenant Services; and WHEREAS, the property which is subject to the Declaration receives the benefit of the Covenant Services provided by the District (referenced herein as the Covenanted Property ); and WHEREAS, the District has responsibility for the operation and maintenance of certain public improvements, including park and recreation improvements not dedicated to the City, as provided for in its Service Plan and subject to acceptance of such public improvements by the District; and WHEREAS, the District has the authority pursuant to its Service Plan and l(1)(j), C.R.S. to fix and impose fees, rates, tolls, charges, and penalties for services or facilities provided by the District, which until paid constitute a perpetual lien on and against the property served; and WHEREAS, the District desires to impose reasonable fees for the operation and maintenance of certain public improvements, and for Covenant Services furnished, to defray such costs incurred by the District. ( )

2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS FOR AMBER CREEK METROPOLITAN DISTRICT: 1. Applicability. This resolution shall apply to all real property within the District s boundaries, as described on Exhibit A. 2. Fees. a. Covenant Services Fees. To defray the cost of providing the Covenant Services, the District hereby imposes a fee for Covenant Services ( Covenant Services Fee ) on all property within the District, excluding property owned by a governmental entity. The Covenant Services Fee shall be assessed on a monthly basis in the amounts and in accordance with the classification as set forth in the fee schedule attached hereto as Exhibit B ( Fee Schedule ). b. Account Administration Fee. As part of the Covenant Services, the District shall perform certain administrative tasks, including the creation and maintenance of customer accounts, adjustments to customer accounts upon transfer of property, and the certification of status of accounts as may be requested. To defray the costs of providing such administrative services, the District hereby imposes an account administration fee for Covenant Services ( Administrative Fee ) as set forth in the Fee Schedule, Exhibit B. c. Maintenance Fee. To defray the cost of operating and maintaining public improvements and the District s common areas, the District hereby imposes a maintenance fee ( Maintenance Fee ) on all property within the District, excluding property owned by a governmental entity. The Maintenance Fee shall be assessed on a monthly basis at the same time as the Covenant Services Fee, and in the amounts and in accordance with the classification as set forth in the Fee Schedule, Exhibit B. 3. Covenant Services Fees and Maintenance Fees not Divisible. No party may pay less than the entire amount due for the Covenant Services Fees and Maintenance Fees regardless of the Services that the party actually uses. 4. Fee Deposit. As a condition of closing on any platted lot within the District, the purchaser of the property must pay to the District an amount equal to three months of the thenapplicable Covenant Services Fees and Maintenance Fees (the Fee Deposit ). The District may hold the Fee Deposit in a non-interest-bearing account, and shall apply one-third of the Fee Deposit to the first month s Covenant Services Fees and Maintenance Fees for the applicable dwelling unit. The balance of the Fee Deposit shall continue to be held by the District, and the District shall refund the Fee Deposit balance to the party that made the deposit when that party sells the property associated with the Fee Deposit. If the party making the Fee Deposit fails to pay any Covenant Services Fee when due, the District may charge the amount unpaid against the Fee Deposit. The party s account shall be delinquent and subject to the enforcement provisions of this resolution until the party rernits sufficient funds to return the Fee Deposit to an amount equal to two months Covenant Services Fees and Maintenance Fees. The account shall be deemed delinquent at any time the { } 2

3 amount of the Fee Deposit is below an amount equal to two months of Covenant Services Fees and Maintenance Fees. 5. Fee Adjustment. The Board may adjust the amount of the Covenant Services Fees, Maintenance Fees, and the Fee Deposit at any time without notice and in accordance with Colorado law. 6. Additional Costs. The Covenant Services Fees and Maintenance Fees do not entitle any party to unlimited access to the District s facilities and services. Additional charges may apply, including without limitation, usage fees for other District facilities, programs and services provided, if any. 7. Statements. Invoices for the Covenant Services Fees and Maintenance Fees shall be rendered on a periodic basis, as the Board deems appropriate. Invoices shall be payable within 20 days of the invoice date. All invoices that are not paid when due shall be delinquent and the amount due may be charged against the party s Fee Deposit. The party shall be assessed a penalty of 1% per month of all delinquent amounts due, subject to the limitations set forth in , C.R. S., including amounts due for the Covenant Services Fees and Maintenance Fees, and amounts due to make the Fee Deposit equal to two months Covenant Services Fees and Maintenance Fees. 8. Enforcement. The District may discontinue Covenant Services to any property delinquent in any of its payment obligations, including any property with an insufficient Fee Deposit. Discontinuance of any Covenant Services shall be done only after delivery of notice that states the amount delinquent and advises the delinquent party of an opportunity for a hearing concerning the delinquency. Covenant Services may not resume until all delinquent Covenant Services Fees, Maintenance Fees, and insufficient Fee Deposits have been paid in full. The Covenant Services Fees and Maintenance Fees constitute a lien against the property until paid, pursuant to (1)(j)(I), C.R.S., and may be collected in any manner provided by law. If the Board determines to seek collection of delinquent Covenant Services Fees through foreclosure of the property, the District may assess a foreclosure charge in the amount of $5,000 against the applicable property, to be applied toward the District s costs of foreclosure, and the charge will be payable in full upon assessment. The District shall have the right to assess any property unit that is delinquent in the payment of Covenant Services Fees and Maintenance Fees or that has an insufficient Fee Deposit, all legal, court, and other costs associated with the collection of the account, and all such costs shall be deemed a charge of the District. 9. Findings. The Board finds, determines, and declares that this resolution is promulgated in the best interests of the District and its residents and property owners. The Board further determines that the resolution and associated Covenant Services, Maintenance Fees, and Administrative Fees bear a rational relationship to legitimate governmental purposes of the District. {002496]02} 3

4 { } District. if the District, which may be modified only by formal resolution of the Board of Directors of the /Remainder of this page intentionally left blank.j 10. Legislative Measures. This Resolution is and shall constitute a legislative measure 11. Effective Date. This resolution shall be effective on April 18,

5 RESOLVED THIS OF, AMBER CREEK METROPOLITAN DISTRICT By( President Attest: By: Li Secretary/Assistan retary { } 5

6 EXHIBIT A [Description of property within District] L roperty Description Amber Creek Subdivision Filing No. 1 A parcel of land lying in the Northeast Quarter f Section 29, Township 1 South, Range 67 West of the 6k Principal Meridian, County of Adams, State of Colorado, being more particularly described as follows; COMMENCING at the Northeast corner of said Section 29 (a found 3 /4 cap stamped RW BAYER ASSOC PLS 6973*); WHENCE the East Quarter corner of said Section 29 (a found 3 W aluminum cap stamped RW BAYER ASSOC PLS 6973 ) bears S E (Basis of Bearing-assumed) a distance of feet; THENCE S E along the easterly line of the Northeast Quarter of said Section 29 a distance of 30,00 feet to the POINT OF BEGINN]NG; THENCE S E continuing aiong said easterly line a distance of feet; TRENCE S W along the southerly line of the Northeast Quarter of said Section 29 a distance of feet; TEIENCENOO W along the westerly line of the Northeast Quarter of said Section 29 a distance of feet; THENCE N E along a line being feet southerly of and parallel with the northerly line of the Northeast Quarter of said Section 29 a distance of feet to the POINT OF BEGINNiNG. Containing 6,819,049 square feet, ( Acres), more or less, { } 6

7 EXHIBIT B Fee Schedule for Covenant Enforcement and Design Review Services of Amber Creek Metropolitan District COVENANT SERVICES FEE Property Classification Amount of Monthly Fee Covenanted Property: Platted Residential Single-Family Lot with Constructed $30 Dwelling Structure (with Certificate of Occupancy issued, temporary or permanent) Platted Residential Single-Family Lot without Constructed $7.50 Dwelling Structure Unplatted Property $0 Non-Covenanted Property: Platted Non-Residential Property TBD Unplatted Property $0 ADMINISTRATIVE FEE Creation and Setup of Customer Account; Property Transfer Customer Account Adjustment; Status Letter/Certification of Account $250/account { } 7

8 Platted Single-Family Lot with Constructed Dwelling $25 Platted Single-Family Lot without Constructed Dwelling $7.50 Structure permanent) Residential Property: MAINTENANCE FEE { } 8 Unplatted Property $0 Platted Property TBD Non-Residential Property: Structure (with Certificate of Occupancy issued, temporary or Property Classification Amount of Monthly Fee