Pelican Shores PUD North A Residential Waterfront Development in the County of Weld, Colorado

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1 Pelican Shores PUD North A Residential Waterfront Development in the County of Weld, Colorado Rules, Regulations, Policies, and Procedures Revised February 1, 2013 These Rules, Regulations, Policies, and Procedures have been adopted by the Pelican Shores North Homeowners Association Board of Directors and implemented to protect the investment of the members and to enhance the values of the Pelican Shores PUD north properties subject to regulation by the Association. SECTION I Service and Maintenance Policy Standards A In General. This policy statement defines the responsibilities of the Association to the lot owners with regard to the maintenance of Common Area and other property. The maintenance standards are to be interpreted in the sole discretion of the Association. The Association shall endeavor to maintain the Common Area and other property which is the responsibility of the Association in a manner consistent with the governing Documents. B Streets. Dougla Drive is a private road owned by the Association. The gated entrance, speed control, maintenance and other related matters shall be governed by the Association. The current name of the private road is Dougla Drive, but on September 23, 2010 the Board Of Directors approved a request to process an application for a road name change with Weld County changing the name to Waterside Drive. This action has not been completed with the county. C Street lights and Signs. The streetlights and all signs on the Common Area are the ownership of the Association and as such will be managed and maintained by the Association. D Open Space. The lake and open space around the lakes is designated open space on the PUD map. It is owned and regulated by the Association. The Association shall determine on an annual basis which areas of the open space are mowed and which are left in a natural state. 1

2 E Snow Clearing. The Association will endeavor to clear snow that falls on Dougla Drive prior to 9 a.m. on the next day following the snow when the accumulated snowfall exceeds 4. In major storms, interim clearing may be provided. Individual driveways and walkways will not be cleared by the Association. Sanding, ice melt or other chemical solutions may be applied in anticipation of and during icing conditions, where it is needed, on a time-available basis by the Association s snow plowing contractor. F Trash Collection. Trash and or recycling will be provided through association. G Fence Maintenance. All fences located on a lot or the boundary of a lot shall follow the HOA s fencing guidelines and be maintained by the owner of that lot. Any fences located on the Common Area shall be maintained by the Association. All fences must be approved by the Design Review Committee (DRC). THE Design Guidelines shall specify the allowable fencing type. H Lake Quality Maintenance. The Association shall contract with a qualified company to evaluate the lake water on a periodic basis to to apply treatments for the control of weeds such as Milfoil and to control blue green algae. The Association will attempt to balance water quality with financial constraints, recognizing that the lake is a natural ecosystem and not a swimming pool. Although the HOA may periodically treat the water area in front of the lots, homeowners are ultimately responsible for removing or treating aquatic weeds in the lake area as extended from their dedicated beach area 40 into the water. Solutions such as the Aqua Blaster that circulate water away from a dock or shore area may also be used by homeowners to prevent the build-up of algae on the surface. I J Lot Mowing. The lot owner bears responsibility for keeping weeds on vacant lots to 6 or less. The HOA may have a preferred contractor that the lot owner can contract with. Lake Water Usage. Use of the water from the lake for irrigation by the homeowner is strictly prohibited. K Leasing Of Property. No property shall be leased for a period of less than 90 ninety days. No less than 100% of a property shall be leased. 2

3 L Definitions. The term homeowner and lot owner are used interchangeably and refer to anyone that is a member of the Homeowners Association by virtue of their ownership interest in a lot or home located within the Pelican Shores North subdivision. Use of the terms skier, or skiing is used generically to refer to anyone participating in a water sports activity such as waterskiing, wakeboarding, tubing or barefooting. SECTION II Motor Vehicles/Driveways/Parking A Speed Limit/Posted Rules. Owners, their families, guests and tenants shall abide by any posted speed limit (which shall be 20 M.P.H. if not posted) as well as such other traffic and parking regulations as may be posted. B Permitted Parking. Parking is permitted in driveways on each lot and may only be occupied by passenger motor vehicles, motorcycles, motor-powered bicycles, vans, and bicycles. Parking is not permitted along Dougla Drive for a period of time exceeding six hours (i.e. it would be allowed for guests of an event, but not for longer term use). i. The HOA shall designate a boat trailer parking area where each homeowner, with HOA permission, may park a boat trailer or small utility trailer. No RVs, or camping trailers shall be allowed. C Restricted Vehicles. No oversized vehicles, camping trailer, hauling trailer, or accessories thereto, self-contained motorized recreational vehicle, or other oversized type of vehicle or equipment, may be parked or stored on any lot or on the Common Area unless such parking or storage is within a garage; except that any such oversized vehicle may be otherwise parked as a temporary expedience for loading, delivery of goods or services, or emergency. Temporary in this case is defined as not to exceed twenty four (24 hours) in any one month. i. Recreational Vehicles and campers are specifically excluded from being on any lot without a home built on it (or any street). IE., you cannot buy a lot and park an RV here while you use the lake. While a home is under construction 3

4 temporary construction office/trailers shall be allowed, to facilitate the building of a home, but not for recreation. ii. Broken boats shall not be parked in a driveway or the boat parking area. D No Parking Areas. No Parking areas may be designated by the Board of Directors. Stopping for discharge or pickup of passengers is permitted in no parking areas and access driveways. E Inoperative, Unused, or Abandoned Vehicles. No inoperative, unused, unregistered or abandoned vehicle shall be parked, maintained or kept upon any part of the Common Area. No inoperative, unused or abandoned vehicle shall be parked, maintained or kept upon any part of a lot, except in a garage. F Restrictions on Vehicle Maintenance. No automotive, boat or OHV maintenance, mechanical, body or engine work overhauling or similar automotive repair work for commercial and/or business purposes shall be performed in any portion of the Common Area or on any lot. Vehicle washing is allowed on driveways. G Restricted Areas. 1. Dirt access road behind lots 5-14: The dirt access road behind lots 5-14 is an emergency access road, sewer line easement and pedestrian trail. It is available for individuals walking around the lake. In the event that access for delivery trucks, homeowners needing to make a delivery to their beach area or service vehicles is needed (for example to landscape your beach front area), access is available only for immediate loading and unloading and HOA approved construction activities. There shall be no parking on this road. Access to the beach areas for lots 5-9 should be from the access easement between lots 8 and 9. Access for lots 1-4 should be by driving around the lake. And access for lots should be from the access on the east side. This will minimize traffic on this access road. If you have a vacant lot and want to access the beach area you should park on your lot. You will need to install a culvert and driveway to cross the borrow ditch if you intend to use a vacant lot for recreational purposes. 4

5 2. Dirt road around lake: The dirt road around the lake beginning near the barn and continuing to the gate located below lot 4 is allowable to travel by motorized vehicle or OHV. 3. Pedestrian path from end of cul-de-sac at west end of subdivision continuing behind lots 1-4: There is a pedestrian path accessed at the end of the cul de sac that follows the western fence boundary down to the river and along to river to the gate below lot 4. No motorized vehicles are allowed on this path. Exception for lot owners 1-4: Owners of lots 1-4 may utilize an OHV, golf carts, or similar motorized vehicle along the HOA owned path that borders the river and connects to the lake in order to facilitate access to their designated beach areas. 4. Off Road Adventure Area. An area on the western side of the lake has been designated an Off Road Adventure Area. Participants may travel along Dougla Drive and the dirt road on the South side of the lake to this area on OHVs (OHV is an off highway vehicle such as a go cart, dirt bike or four wheeler). OHV use should be concentrated in the designated area, not back and forth around the lake. Bicycles are also welcome in this area. The use of this area is characterized as family recreation. It is not a motocross track. Slow speeds, safety and enjoyment for all ages is the rule. All OHV users must take turns for bicyclists and allow them to enjoy the area safely. Use of this area is limited to the hours of sunrise and sunset. All users of this area must where a helmet. All minors shall be supervised. The HOA shall designate trails (by mowing) and participants shall stay on these trails. The HOA may close this area in the event of fire danger. No user shall create any new jumps, ramps, etc. Only HOA members and their guests are allowed to use this area. The maximum speed limit for an OHV vehicle anywhere within Pelican Shores North HOA is 30 MPH. NO OHV shall be permitted to operate within Pelican Shores North HOA that exceeds 96 db(a) using the SAE J 1287 stationary 20" pipe test. (This is the same standard that Colorado Parks requires as of February 1, 2013). The HOA reserves the right to suspend any user s rights to use the Offroad Adventure Area and to deny use by any OHV that it deems too loud, fast or dangerous. 5

6 SECTION III Lake and Beach Easement Rights and Rules As provided in the Declaration, each lot owner has an easement to limited use of the Lake for boating, water sports, wading, swimming, shore fishing, and sunbathing. The operation of approved watercraft and accessory or related uses such as water skiing, tubing, barefooting and wakeboarding ( water sports ) will be allowed, and will not be restricted or prohibited on the lake except as outlined in this document. Lot owners also have a pedestrian and beach easement as provided in the Declaration. The easement and use rights of lot owners are subject to rules and regulations of the Lake. The use rights of lot owners are subject to further regulation by the Association, as amended from time to time. The use rights of the lake by lot owners are also subject to the following rules and regulations of the Association. A General. No water sports, swimming, or boat driving while under the influence of alcohol, marijuana or drugs. No swimming, fishing, sailing, or diving allowed on the lake, when such activity may interfere with the boat path of another member using the lake for water sports per these rules. Failure to adhere to these rules by any person may result in loss of lake rights for a period to be determined by the Association. B HOA Land Reserved For Use Of Homeowner. Each lot shall have a designated area of HOA owned lake front land that shall be reserved for the exclusive use of the homeowner ( Homeowner Use Area ) that is attached and labeled Exhibit B. The use of the lake within forty (40 ) horizontal feet from the water s edge or shoreline of the Homeowner Use Area shall be restricted to wading, shore fishing, swimming, operation of small, quiet watercraft (when water sports 6

7 activity is not taking place), construction and maintenance of docks, boathouses and for general pleasure. Each homeowner shall submit written plans and receive written approval for the landscaping and improvements to their respective Homeowner Use Area prior to making any such improvements. The HOA shall review, and upon HOA s approval will enter into a license agreement granting the lot owner the right to build the improvements on the Homeowner Use Area. In addition to the designated Homeowner Use Area, the HOA shall permit a dock and lift (one dock shall serve two lifts, but the homeowners must cooperate to purchase any dock or shared docks the HOA shall not provide any equipment) for the owners of Lots 1-5 to be placed in an HOA designated area of shoreline near the barn building. This will facilitate alternative access to their boat if the owners of these lots would rather have a boat near the common area rather than on their Designated Homeowner Use Area. This exception is made because the water is shallow near these Homeowner Designated Use areas and because these lots are not directly on the water. It is the Homeowner s responsibility to maintain their designated Homeowner Use Area. The association will not mow or otherwise maintain the Homeowner Use Area. Landscaping must be maintained with appropriate water, fertilizer, mowing, pruning, and weeding. Natural areas require mowing several times a year and should be kept below 6 in height if mowed. Otherwise, native grasses over natural areas shall be permitted to grow to the grass mature height of the grass species planted up to 24 so long as the majority of the area is weed free. Weeds in native areas must be removed or chemically treated in order to allow native grasses to mature. Otherwise, native grass areas must be maintained below 6 in height until the majority of the area is relatively weed free. Native grass mixes should eventually minimize weeds. However, weeds must be mowed and maintained below 6 in height. Any large scale weed and insect control measures as well as protective spraying must be 7

8 coordinated with the County of Weld and/or the Colorado State Cooperative Extension. In the event of death or destruction of any landscaping, including trees, shrubbery or sod., the Owner shall be required to replace such landscaping within 30 days after such death or destruction, or as soon as practical considering plant material, weather and growing season. Should any Owner fail to comply with the landscaping requirements, the DRC shall have the power to require compliance or alternatively may complete the landscaping and require the Owner to pay the costs for such completion which will be assessed against that Lot. Water Accessories. Water trampolines and similar accessories are permitted as long as they are properly anchored, are located directly in front of your HOA Homeowner Use Area, are within 40 of shore, and they are in good condition. They must be removed when not in use for a period of 15 days or more. Note that the water may be shallow and the owner is responsible for the safe behavior of all guests. Beach Area Furnishings. Because the HOA owned beach area dedicated for use by each lot is a focal point, the improvements and furnishing to this area are of importance to the HOA. Any gazebos, sun shelters, hot tubs, decks, etc. whether they require a building permit or not shall be subject to approval by the DRC. C Common Areas. Boats and trailers shall be parked in designated boat parking areas. All offensive noise such as generators, loud parties, etc. shall cease at 10:00pm. The lake site shall not be used as a storage area for extra campers, trailers, old cars, old docks, etc. No campfires shall be allowed, except in designated fire pits. Any firepit must meet all applicable, local, state and federal codes and 8

9 be approved by the HOA and only operated when there is not an applicable fire ban. D Docks and Boat Shelters. If the homeowner desires to construct a permanent boat house or covered boat dock, the homeowner shall submit detailed construction plans to the Homeowner s Association for approval. The location and design of all docks and boathouses is subject to approval of the DRC. The plans should include all elevations, foundation design, and a site plan. If the plans are approved by the Homeowners Association then the Homeowner s Association will enter into a license agreement with the homeowner granting the homeowner the authority to construct the approved project, subject to all applicable county building requirements. Although the improvements are located on the Homeowner s Association property, the improvements are reserved for the exclusive use and enjoyment of the homeowner and the homeowner shall be responsible for the maintenance, taxes and all other expenses associated with the improvement. No siding, roof or additional improvement shall be allowed unless specifically approved in writing by the Committee. E Swimming. Swimming shall be restricted beyond the no wake zone when watersports are in progress. From time to time, the Board of Directors or managing agent may promulgate and post rules pertaining to swimming. Owners, tenants, family members and their guests are required to adhere to said rules. All persons swimming in the lake shall give precedence to water sports and boating activities, and comply with the requests of the managing agent of the Association or other authorized persons respecting matters of personal conduct. Swimming is at the risk of the swimmer, as no lifeguards or supervision is provided by the Association. No glass containers are allowed on the beach or on the lake, only metal or plastic are allowed. Children under twelve (12) are not permitted to swim or play on beach areas without a parent or guardian in observance. Anyone that is not strong swimmers shall wear life vests when on in or near the water. If a member wants to use the lake for water sports while these activities are going on, the member will allow a reasonable amount of time for evacuation of the no wake area for safety purposes. 9

10 F Fishing. Fishing from the shoreline is restricted such that no fishing hook shall encroach in an area that would interfere with water sports that are in progress. Fishing is catch and release only (except carp). Only barbless hooks shall be used and fish shall be released in a manner to allow survival. Barbless hooks are the only fish hooks allowed for use in the lake. Barbs can be pinched down with a pair of pliers. Owners, their tenants, family members and guests are not required to have a valid Colorado fishing license. G Camping. If a home has been built on a lot, then camping for a period of no more than two consecutive days in a landscaped backyard or landscaped beach area is permissible. Camping is not allowed on vacant lots or their associated beach areas. Any exceptions to this camping rule shall be by HOA approval on a single use basis. (For the purposes of this section the cabana on lot 7 shall be considered a home, and short term camping in the area behind the cabana may be permitted just as if it were a backyard of a home.) SECTION IV Boat Rules Boat types and models may be restricted from the lake as the Association may determine, based on: a) noise, b) safety, c) size and d) such other factors as the Association may determine. Guests of Owners are not allowed to bring or use their boats on the lake without prior approval of the HOA board of directors. Use of any boat other than a boat owned by an Authorized Boat Supervisor is the exception, not the rule. Examples of allowed use may be an Authorized Boat Supervisor that is contemplating the purchase of a new boat and wants to try it on the lake. Or a serious, qualified buyer of a property in the community that wants to test the lake. All boats must comply with the Pelican Shores North HOA Zebra Mussel Policy and Inspection Procedures as well as all other requirements such as insurance and signed waiver before they are allowed on the lake. A Boat Type. Any oversized boat (larger than 25 ) must be approved by a majority vote of the owners. Prior to using any motorized watercraft on the lake, the member must receive approval by the HOA and The Homeowners Association reserves the right to restrict the approval of any boat that the Association deems as too loud, excessively fast 10

11 or otherwise presents a hazard to other members. The minimum age to operate a personal watercraft is the same as that for a boat. The maximum speed limit is 40 mph for any vessel. B Small Watercraft. Quiet, wakeless, watercraft (paddle boats, row boats, sail boats) may be used by owners for pleasure (other than water sports) or fishing on the lake, when used in such a manner as to not interfere with water sports activities. In all cases a life jacket shall be available in the boat for each person inside such watercraft, and children under 12 shall be required to wear a life vest. If a power boater desires to use the lake, said boat driver shall properly notify any other users of small watercraft and give them an opportunity to remove their vessel from the wake area. C HOA Authorized Boat Supervisor An HOA Authorized Boat Supervisor shall be an individual approved by the HOA to supervise the operation of a power boat on the lake. The following qualify as HOA Authorized Boat Supervisors: a If a home has been built: any full-time resident of the home over the age of 18, whether a tenant or owner. b If a home has not been built then the lot owner or designated representative may designate a maximum of two Authorized Boat Supervisors per lot. c The spirit of this rule is to prohibit ownership of a lot by a group of individuals, with no intention to build a home, who split their usage between three or more independent individuals, of the lake and thereby cause significantly greater use than would a typical homeowner. For example, if five individuals purchase a lot and use the lake together that isn t restricted, but if five unrelated individuals purchased a lot, and then each of the five individuals used the lake independently from the others they could create five times the usage of a typical lot owner. d While a vacant lot owner can designate whom he or she pleases as an Authorized Boat Supervisor, a homeowner cannot separately sell or lease out their lake usage rights or otherwise designate someone other than an owner of the home, or an occupant of the home as an Authorized Boat Supervisor. 11

12 The HOA reserves the right to remove an individual as an HOA Authorized Boat Supervisor if the individual fails to abide by HOA Rules and Regulations after receiving two written warnings. The HOA Authorized Boat Supervisor need not necessarily be on the boat, but must be present within the subdivision. D Boat Drivers. No boat shall be operated on the lake except by a qualified boat driver under the supervision of an HOA Authorized Boat Supervisor. Anyone operating a motorboat, including a personal watercraft (PWC) must be at least 16 years old, except Fourteen and 15-year-olds who successfully complete a state approved boating safety course, such as the one offered by Colorado State Parks, can operate a motorboat or PWC. The course is offered throughout the state and is open to adults as well as teens. Any boat driver shall have experience driving the craft and be oriented to the rules as contained herein. Proper driving techniques are to be followed at all times. All new drivers shall be properly instructed and have an experienced driver in the boat at all times. E Insurance. All motorized boats on the lake must have a minimum of $500,000 in liability insurance with Pelican Shores North HOA named as co-insured with a copy of the current policy delivered to the HOA office prior to use of the boat on the lake. F Boat Registration. Each owner(s) of a lot shall register any power boat (defined as a boat with at least 50 HP engine) with the Association. Prior to registration the owner shall provide proof of insurance per item D. above. A sticker will be provided to the owner and must be displayed on the boat. Use of any boat that is not registered with the HOA is prohibited except by prior approval of the HOA Board of Directors for special events or lake demonstration to prospective buyers. Any such use must still comply with the insurance, waiver and Zebra Mussel Inspection requirements. G Zebra Mussel Inspection. All boats, whether from guests, or owners must comply with the Pelican Shores North HOA Zebra Mussel Policy and Inspection prior to the boat being operated on the lake. 12

13 H Waiver Form. Each boat owner must sign a waiver that will be held on file by the HOA before their boat may be operated on the lake. I Failure To Pay HOA Dues. If a homeowner is delinquent in paying HOA dues, or being held in violation of restrictive covenants for more than 30 days, then the HOA reserves the right to restrict the lot and all of its associated HOA Authorized Boat Supervisors from operating a boat on the lake. J No Commercial Ventures. No owner shall use the lake for a commercial venture such as paid boat rides, paid water sports, paid lessons (other than an owner receiving a lesson), boat rentals, etc. SECTION V Lake Usage A Rotation. Members shall operate motorized vessels in a one-at-a-time rotation such that only one boat is under power at a time. Each member shall be allowed one (1) skier/rider per rotation (guests take the turn of a member. Multiple people on one tube counts as one skier/rider). When more than one Member desires to operate under wake at a given time, the rotation shall be in the numerical order of lot number. For example, if three members are skiing, the member on Lot 4 will ski, then the member on Lot 8, then the member on Lot 12, then back to the member on Lot 4, and so on. When additional members want to ski, they join the rotation in the numerical order of their lot. Multiple jet-skis from a single lot, operating at once would constitute one rotation. i. Only one boat should be under power (causing a wake) on the lake at any given time, unless both Authorized Boat Supervisors agree otherwise and are able to operate safely (for example splitting the lake in half while tubing). Guests must have an Authorized Boat Supervisor present when operating any boat on the lake, and must understand and abide by the Rules, Regulations, Policies and Procedures of the lake. 13

14 ii. When more than one member desires to operate under wake, then each member shall have a turn of not more than 20 minutes each. B No Wake Zones. The attached Exhibit A HOA Usage Map shows the designated no wake zones. Boats that operate in these areas should travel at 5 MPH or less. Of course wakes will still travel into these zones from boats traveling in the main body of water. C Radio. Each boat or PWC must have a handheld marine radio and operate on channel 67. When more than one boat is waiting to use the lake the person taking a turn should immediately notify the others when there turn is finished so that the next boat in rotation can promptly begin. This will save significant amounts of wasted downtime. D Courtesy Rules. Be ready when your time comes. This shall mean having equipment ready and on the boat or dock waiting. Members shall not trade turns to accommodate a person who is not ready. The members turn will be skipped if the skier is not ready within five minutes. Please be conscious of your boat s wake as you travel on the lake while another member is using the lake. Boat wakes will travel the length of the lake and impact another member s use of the lake. Please be considerate. If another boat is in use, then you should operate under no wake when traveling to a safe waiting spot on the lake. E Hours of Operation. Skiing shall be limited to the hours between sunrise and sunset. F Equipment. If anyone breaks HOA equipment, they are responsible for fixing or replacing it (members are responsible for their guests). All participants in water sports activities must wear life jackets while actively participating on the water (i.e. while waterskiing, tubing, etc.) G Special Events. The Board of Directors may approve special events upon request by a group of homeowners. In such a case the lake will be reserved for a specific period of time on a given date and notice will be given at least ten 14

15 days in advance to all homeowners. Such special events will be limited to no more than four days per calendar year. H Demonstration. During the initial sales phase, the Board of Directors shall cooperate with Sellers by offering the right to demonstrate the lake to prospective lot purchasers, including allowing prospective lot purchasers to bring their own boats on the lake to test it out for a period not to exceed two hours. Such guests will be required to abide by all lake rules and rotation policies, including the insurance, waiver and Zebra Mussel Inspection Policies. The demonstration would utilize the rotation spot of the seller s lot, and would not preclude other users from using the lake. A sales person needs to be present within the greater Pelican Shores North and South community. The use shall be limited to two hours if any other boats are present. I Lake Reservation. Although homeowners are not permitted to reserve the lake for their exclusive use, homeowners may notify other homeowners via an Association maintained list about planned parties so that lake usage plans can be modified on a voluntary basis. SECTION VI Pool Usage A Community Pool. If a community pool is installed in the future there will be an Exhibit of pool rules added. SECTION VII Compliance with Law No immoral, improper, offensive or unlawful use may be made of the Property. No cultivation of marijuana on any property, privately or HOA owned, within the subdivision is permitted. Lot owners shall comply with and conform to all applicable laws and regulations of the United States and of the State of Colorado, and with all local ordinances, rules and regulations. The violating lot owner shall hold the Association and other lot owners harmless from all fines, penalties, costs and prosecutions for any violation or noncompliance. 15

16 SECTION VIII Enforcement and Attorney s Fees In accordance with the Declaration, Bylaws, and Rules and Regulations, it is hereby declared to be the intention of the Association to enforce the provisions of the Documents by any and all means available to the Association at law or in equity, and to seek recovery and reimbursement of all attorney s fees, Association expenses and costs incurred by the Association in connection therewith. SECTION IX Modification, Amendments, Repeal, and Re-Enactment Notwithstanding anything to the contrary contained in these Rules, Regulations, Policies, and Procedures, the Association hereby reserves the right, at any time and from time to time hereafter, to modify, amend, repeal and/or re-enact these Policies and Procedures in accordance with the Declaration, Bylaws and applicable law. SECTION X Miscellaneous A Failure by the Association, the Board, or any person to enforce any provision of these Policies and Procedures shall in no event be deemed to be a waiver of the right to do so thereafter. B The Provisions of these Policies and Procedures shall be deemed to be independent and severable, and the invalidity of any one or more of the provisions hereof, or any portion thereof, by judgment or decree of any court of competent jurisdiction, shall in no way affect the validity or enforceability of the remaining provisions, which provisions shall remain in full force and effect. C Unless the context provides or requires to the contrary, the use of the singular herein shall include the plural, the use of the plural shall include the singular, and the use of any gender shall include all genders. D The captions to the sections are inserted herein only as a matter of convenience and for reference, and are in no way 16

17 to be construed so as to define, limit or otherwise describe the scope of these policies and procedures or the intent of any provision hereof. IN WITNESS WEREOF, the undersigned, as Secretary of the Association, certifies these Rules, Regulations, Policies, and Procedures were adopted by the Board of Directors on. Signature: Name: Title: 17

18 EXHBIT A HOA OPEN SPACE USAGE MAP 18

19 EXHBIT B -- HOA Homeowner Use Area Map 19

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22 Exhibit C Pelican Shores Waiver of Liability, Covenant not to pursue legal action, Hold harmless and indemnity agreement I, [print names] understand that boating, water skiing, wakeboarding, swimming and water based recreational activities can be potentially hazardous activities. These activities may cause injury, property damage and even death. Nonetheless, in consideration of being permitted to use the lake property at the Pelican Shores North and/or Pelican Shores South subdivision located at Weld County Road 13 and 26 in an as is condition, including the lake water situated thereon for recreational and sporting purposes, including but not limited to swimming, boating, water skiing, bare footing, wakeboarding, and tubing; I, for myself and guests of mine, and anyone entitled to act on my behalf, waive and forever release: Brass Key Property Brokers, LLC; Andrew R. Batson; Pelican Shores North Homeowners Association; and their respective family members, officers, directors, employees, agents and their successors (collectively, Benefited Parties ) from all claims or liabilities of any kind arising out of my use of the referenced facilities of my presence thereon, and agree not to pursue legal action against the Benefited Parties on any such claim arising from such use, even though the liability or claim may arise out of negligence or carelessness on the part of the Benefited Parties. Furthermore, I agree to indemnify and hold harmless the Benefited Parties from any and all claims, liabilities or expenses, including attorney s fees, arising directly or indirectly out of my presence or the presence of my family or guests on the subject property. I further stipulate that I have read the above Waiver of Liability and have read the Rules and Regulations for Pelican Shores as it relates to usage of the lake, and understand the same and intend to be legally bound. Furthermore I hereby sign the foregoing on behalf of my minor children. Signature Date Address: Telephone: Boat, Make, Model, Year: Boat insurance company: Insurance agent name: Policy number: 22

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