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

Similar documents
TOWN OF LYONS, COLORADO ORDINANCE NO. 1017

REVIEWED BY: Administrator Counsel Program Mgr.: Tiffany Schaufler Board Committee Engineer Other

EASEMENT AGREEMENT. WHEREAS, Ferguson is the 100% owner of the property described on Exhibit B attached hereto (the Williams Property );

VICINITY MAP SCALE 1'' = 2000'

RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 4 - MAINTENANCE OF THE CITY OF MORENO VALLEY

AGENDA UPDATE ECONOMIC DEVELOPMENT & FINANCE STANDING COMMITTEE MEETING MONDAY, AUGUST 10, 2015 III. COMMITTEE AGENDA

Exhibit A: REAL ESTATE TRANSFER AGREEMENT

ARTICLES OF INCORPORATION

AMENDMENT AND RESTATEMENT OF THE DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND EASEMENTS FOR CITRUS HILLS FIRST AND SECOND ADDITION

INTERGOVERNMENTAL AGREEMENT

ORDINANCE NO NOW THEREFORE the Council of the City of Flowery Branch hereby ordains as follows:

RESOLUTION NO. #

CONSENT ACTION BY THE BOARD OF DIRECTORS OF VENETO IN MIRAMAR CONDOMINIUM ASSOCIATION, INC.

CHAPTER XIX ANNEXATION ARTICLE 1. ANNEXATION

CIMARRON HILLS PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 2012 UPDATE

1~1~ 1i i11mmi ~m

ORDINANCE NO. CID-3087

BY BOARD OF COUNTY COMMISSIONERS

THE BOARD OF SUPERWSORS OF THE COUNTY OF STANISLAUS ACTION AGENDA SUMMARY. DEPT: Publ~c Works & BOARD AGENDA # *C-1 May 1,2007

NON-EXCLUSIVE ROADWAY AND UTILITY EASEMENT DEED AND AGREEMENT

OFFICIAL SUMMARY OF AN ORDINANCE TO CONVEY CERTAIN RAMSEY COUNTY PARK AND OPEN SPACE LANDS TO THE CITY OF MAPLEWOOD.

City Council Information Form

Sec moves to amend H.F. No as follows: 1.2 Page 5, after line 31, insert:

LIST OF TAX FORFEITED LAND # FOR SALE TO PUBLIC

DOCUMENT VET SHEET for Karen McConnaughay Chairman, Kane County Board

CONTRACT FOR SALE AND PURCHASE

Administration. Resolution

GeoPoint 213 Hobbs Street Tampa, Florida

approval of the Release and Satisfaction of Property Donation Requirements (Burnt Store Road

DEED RESTRICTION AGREEMENT

TOWNSHIP COUNCIL AGENDA REGULAR MEETING 7:00 P.M. September 17, 2018 Municipal Building, 600 Bloomfield Avenue

AN ORDINANCE TO REZONE A CERTAIN PARCEL OF LAND IN THE CITY OF MOUNTAIN BROOK, ALABAMA FROM RESIDENCE C DISTRICT TO LOCAL BUSINESS DISTRICT

THE LANDINGS AT BERKELEY SHORES CONDOMINIUM ASSOCIATION, INC

ORDINANCE NO. NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY BOARD OF OGLE COUNTY, ILLINOIS, as follows:

CITY OF ANDOVER NEIGHBORHOOD REVITALIZATION PLAN

WHEREAS, the Petition is in all ways in complete compliance with the provisions of the Act; and,

MINNETONKA PLANNING COMMISSION October 26, Rear yard setback variance for a deck expansion at 5732 Kipling Avenue

SIDEWALK ACCESS EASEMENT AGREEMENT

PLANNING BOARD APPLICATION

APPLICATION TO REGISTER NOTICE OF AN AGREEMENT THE LAND TITLES ACT SECTION 74

DRAINAGE AND UTILITY EASEMENT. That Bruce Conrad, a single adult, hereinafter referred to as Grantor for good and

ORDINANCE NO WHEREAS, the Parties desire to amend the Original Easement to add the land upon which the Monument Sign was constructed.

BILL NO (Emergency Measure) ORDINANCE NO. 5072

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF CANYON

when the following proceedings, among others were held and done, to-wit:

in Book 10019, at Page 9432, 352 feet, more, or less, to the North right of way of 3350 South Street; thence West along said right of way 93 feet,

-ii~ ADAMS COUNTY. &,.ee8.& PUBLIC HEARING AGENDA ITEM

RESOLUTION NO. RD:EEH:LCP

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS REGARDING THE PRAIRIE TRAIL SCHOLARSHIP FUND

Charter Township of Bedford 115 S. ULDRIKS DRIVE BATTLE CREEK, MICHIGAN 49037

We Appreciate Your Business and Look Forward to Serving You in the Future.

AMENDED UNIFORM COLLECTION AGREEMENT. THIS AMENDED AGREEMENT entered into this 8th. subdivision of the State of Florida, hereinafter referred

WEB Mission Statement Quality of life depends on access to safe sustainable water. EQUAL OPPORTUNITY PROVIDER

COUNCIL ACTION FORM Meeting Date: September 13, 2012 Staff Contact: John Sullivan, Public Works Director

thereby increasing the tax base for the District and providing new customers to receive public water and wastewater service from the District; and

PROPERTY EXCHANGE & CONVEYANCE AGREEMENT RECITALS

RESOLUTION # RESOLUTION REGARDING WASHTENAW COUNTY ROAD COMMISSION IMPROVEMENTS (HAYES SUBDIVISION)

Commonwealth Land Title Insurance Company. Policy (or Policies) to be issued: (a) Owner's Policy ( ALTA Own. Policy (10/17/92) )

Fidelity National Title Insurance Company

In Rem Foreclosure of Tax Liens By Lafayette County For Tax Years

Owner's Policy of Title Insurance Schedule A

How Special Districts and HOAs Interact

NOW, THEREFORE, BE IT RESOLVED by the Albany City Council that it does hereby accept this easement.

UTILITY BILLING AND COLLECTIONS

Legislation Passed March 28, 2017

TOWN COUNCIL TOWN OF GYPSUM, STATE OF COLORADO ORDINANCE NO. 10 SERIES 2017 AN ORDINANCE AMENDING THE STRATTON FLATS PLANNED UNIT DEVELOPMENT GUIDE

Glenbrook High School District #225

ES ONDID4 City of Choice r

RESOLUTION NO. R To Acquire Real Property Interests Required for the Operations and Maintenance Satellite Facility

004) at its regular meeting on November 9, 2015 and voted to recommend approval of the by the Town Council; and

COUNCIL COMMUNICATION Work Plan #

JOINT RESOLUTION AMENDING JOINT RESOLUTION AS TO ORDERLY ANNEXATION: THE TOWN OF STILLWATER AND CITY OF STILLWATER

COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY ( C-PACE ) AGREEMENT

CITY OF WACONIA RESOLUTION

TAFFREPORT. Steven A. Preston, FAICP, City Manager. Jennifer Davis, Community Development Director W trm-?f>

LOCAL GOVERNMENT PROMPT PAYMENT ACT

ORDINANCE NO (PROPOSED)

2014 Pine County Tax-Forfeit Land Auction Sale Terms and Conditions

PARTIAL ASSIGNMENT OF W ATERW ALK DEVELOPMENT AGREEMENT

PLANNING DIRECTOR. Approved by the Planning Director on this day of, A.D. 20. day of, A.D. 20. Approved by the Fire Chief on this

RESOLUTION NO

We Appreciate Your Business and Look Forward to Serving You in the Future.

WATER AND WASTEWATER AGREEMENT (Individual)

BELLA VISTA VILLAGE DECLARATION AND PROTECTIVE COVENANTS

RECITALS. 3. On January 15, 2019 the Village Plan Commission considered recommended approval of the CSM and the Agreement.

(DATE) T.O. #xx-xxxxxxxx (xxxxxx) INDIANA AMERICAN WATER COMPANY, INC.

WHEREAS, the Petition was filed by PATRICK AND KIMBERLY SHULER for the vacation of plat on property described herein; and

ESCROW DEPOSIT AGREEMENT

Proposed Abandonment/Vacation of the Lennox Avenue Beach Approach in Daytona Beach

THE WOODMOOR CORPORATION Declaration of Covenants, Conditions, and Restrictions WOODMOOR MOUNTAIN

FIFTH AMENDMENT OF DECLARATION OF DEED RESTRICTIONS AND DEDICATIONS FOR PINEHURST ESTATES (A Clatsop County, Oregon Subdivision)

CITY OF LARKSPUR Staff Report

STANDARDS GOVERNING CONVEYANCES OF REAL PROPERTY IN DARKE COUNTY, OHIO

THIS RESOLUTION APPROVES A TWO (2) YEAR CONTRACT FOR ELECTRICAL SERVICES.

RESOLUTION NO. R

AGREEMENT FOR NASSAU COUNTY TO REIMBURSE THE PROPERTY APPRAISER AND TAX COLLECTOR

FORGES AT DENVILLE CONDOMINIUM ASSOCIATION, INC. POLICY RESOLUTION NO. RELATING TO LEASING OF UNITS

GeoPoint 1403 E. 5th Avenue Tampa, Florida

FILED: QUEENS COUNTY CLERK 12/21/ :19 PM INDEX NO /2015 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 12/22/2015

BOOKHAMMER ESTATES ) HOMEOWNERS ASSOCIATION, INC. ) ) Plaintiff, ) ) C.A. No. v. ) ) GEOFFREY W. KLOPP and ) LYNNETTE L. KLOPP, ) ) Defendants.

Transcription:

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 32-1-101, 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 32-1- 1004(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 32-1- 100 1(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. 2016000032086 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 32-1- 100 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. (002496102)

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 {002496102} 2

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 29-1-1101, 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 32-1-1001(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

{002496102} 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, 2016. 4

RESOLVED THIS OF, 2016. AMBER CREEK METROPOLITAN DISTRICT By( President Attest: By: Li Secretary/Assistan retary {002496102} 5

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 S00 32 43 E (Basis of Bearing-assumed) a distance of 2639.57 feet; THENCE S00 32 43 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 S00 32 43 E continuing aiong said easterly line a distance of 2609.57 feet; TRENCE S89 07 46 W along the southerly line of the Northeast Quarter of said Section 29 a distance of 2612.68 feet; TEIENCENOO 34 49 W along the westerly line of the Northeast Quarter of said Section 29 a distance of 2608.87 feet; THENCE N89 06 52 E along a line being 30.00 feet southerly of and parallel with the northerly line of the Northeast Quarter of said Section 29 a distance of 2614.29 feet to the POINT OF BEGINNiNG. Containing 6,819,049 square feet, (156.544 Acres), more or less, {002496102} 6

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 {002496102} 7

Platted Single-Family Lot with Constructed Dwelling $25 Platted Single-Family Lot without Constructed Dwelling $7.50 Structure permanent) Residential Property: MAINTENANCE FEE {002496102} 8 Unplatted Property $0 Platted Property TBD Non-Residential Property: Structure (with Certificate of Occupancy issued, temporary or Property Classification Amount of Monthly Fee