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Covenants: Pg 13-15

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Section 22: Damage or Destruction of Improvements. In the event any Residence or other structure constructed on a Lot is damaged, either in whole or in part, by fire or other casualty, said Residence or other structure shall be promptly rebuilt or remodeled to comply with this Declaration; or in the alternative, if the Residence or other structure is not to be rebuilt, all remaining portions of the damaged structure, including the foundation and all debris, shall be promptly removed from the Lot, and the Lot shall be restored to its natural condition existing prior to the construction of the Residence or other structure.

Section 23: Storage Tanks and containers. No elevated tanks of any kind shall be erected, placed, or permitted to remain on any Lot unless such tanks are screened from view from other Lots and from the streets by fencing or landscaping in a manner approved by the Architectural Control Committee. All air-conditioning, refrigeration, cooling, heating, or other mechanical equipment or system which is located outside of a Residence or other structure on a Lot shall be screened from view from other Lots and from the streets by fencing or landscaping approved by the Architectural Control Committee.

ARTICLE IX. PARTY WALLS

Section 1: General Rules of Law to Apply. To the extent not inconsistent with the provisions of this Article IX, the general rules of law in Colorado regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply to the Party Walls.

Section 2: Party Wall Easements. Mutual reciprocal easements are hereby established, declared, and granted for all Party Walls between units constructed or to be constructed on Duplex Lots, which reciprocal easements shall be for the mutual support of the units and for the maintenance, repair, and rebuilding of the Party Walls; shall be for the benefit of the Duplex Lot Owners; and shall be governed by this Declaration.

Section 3: Maintenance of Duplexes. The exterior of the Duplexes shall be maintained in good condition consistent with the appearance of other Residences within the Common Interest community. Such maintenance shall include, by example and not limitation, painting or staining of the siding; repair or replacement of gutters and downspouts; repair or replacement of the roof; replacement of broken windows and doors; repair or replacement of damaged brick; repair of damage caused by fire or other casualty; repairs necessary to maintain proper weatherproofing; and all other general maintenance and repair of a Duplex.With respect to each Duplex, the term "Duplex Expenses" shall mean and refer to all costs and expenses incurred in the maintenance and repair of the exterior of the Duplex, which costs and expenses are approved in writing in advance by both Owners of the Duplex. Duplex Expenses may include, by example and not limitation, the cost of all materials, supplies, and equipment necessary for the maintenance or repair of the exterior of the Duplex; payment to contractors or subcontractors for any work performed on the exterior of the Duplex; rental charges for all necessary machinery and equipment used in connection with the maintenance or repair of the exterior of the Duplex; permit fees for any work to be performed on the exterior of the Duplex; the cost of removal of debris and trash resulting from work performed on the exterior of the Duplex; costs incurred due to an emergency affecting the safety of persons or property; and all other costs and expenses incurred in the maintenance or repair of the exterior of the Duplex if and to the extent approved in advance by both Owners of the Duplex. The Owner of each half of the Duplex shall be responsible for the payment of such Owner?’s prorata share of the Duplex Expenses based on the building envelope to the extent such Duplex Expenses have been approved in advance in writing by both Owners or in the event such Duplex Expenses are incurred by either Owner in connection with a bona fide emergency affecting the health and safety of persons or property. Either Duplex Owner shall have the right, but not the obligation, to make such repairs and maintenance to the exterior of the Duplex as such Owner deems appropriate without the consent of the other Owner, provided that any repairs or maintenance performed on the exterior of the Duplex without the prior written consent of one Owner shall not interfere with the nonconsenting Owner's use of the Duplex and provided that the Owner authorizing repairs and maintenance without the consent of the other Owner shall be solely responsible for the payment of all costs and expenses incurred in connection with such unauthorized maintenance and repairs and shall indemnify and hold harmless the nonconsenting Owner from and against any and all loss, costs, and expenses, including reasonable attorney's fees, arising out of any claim which may be made against the nonconsenting Owner for work performed or materials delivered to the Duplex. The Owner authorizing maintenance or repair of the exterior of the Duplex without the consent of the other Owner shall also indemnify the nonconsenting Owner and the Duplex against all claims, liens, or claims of lien arising, directly or indirectly, out of or by reason of any work or activity performed on the exterior of the Duplex and shall, within ten (10) days after the filing of any statement of lien, fully pay and satisfy the same and post a bond or other appropriate security to obtain the release of such lien. Duplex Owners hereby grant to each other an easement over and across their respective properties as necessary for the performance of repairs and maintenance to the exterior of the Duplex as permitted by this paragraph. Notwithstanding any other provision of this paragraph, any Duplex Lot Owner who, by his or her negligent or willful act, causes damage to the Duplex shall bear the entire cost of repairing the damage.

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Section 4: Right to Contribution Runs with Land. The right of any Duplex Lot Owner to contribution from the other Duplex Lot Owner under this Article IX shall be appurtenant to his or her Lot and shall pass to such Owner's successors in title.

Section 5: Arbitration. In the event any dispute arises concerning a Party Wall or concerning the provisions of this Article IX, each Duplex Lot Owner shall choose one arbitrator and such arbitrators shall mutually choose one additional arbitrator, and the decision of a majority of such arbitrators shall be binding upon such Owners.

ARTICLE X. DRAINAGE

Section 1: Acknowledgement. The soils within the state of Colorado consist of both expansive soils and low-density soils which will adversely affect the integrity of the Residence if the Residence and the Lot on which it is constructed are not properly maintained. Expansive soils contain clay minerals which have the characteristic of changing volume with the addition or subtraction of moisture, thereby resulting in swelling and/or shrinking soils. The addition of moisture to low-density soils causes a realignment of soil grains, thereby resulting in consolidation and/or collapse of the soils.

Section 2: Moisture. Each Owner of a Lot shall use his or her best efforts to assure that the moisture content of those soils supporting the foundation and the concrete slabs forming a part of the Residence constructed thereon remain stable and shall not introduce excessive water into the soils surrounding the Residence.

Section 3: Grading. Each Owner of a Lot shall maintain the grading and drainage patterns of the Lot as indicated in the subdivision plans on file with the Planning Office of Loveland, Colorado.

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Section 4: Water Flow. The Owner of a Lot shall not impede or hinder in any way the water falling on the Lot from reaching the drainage courses established for the Lot and the Common Interest community.

Section 5: Action by Owner. To accomplish the foregoing, each Owner of a Lot covenants and agrees, among other things:

1. Not to install improvements, including, but not limited to, landscaping, items related to landscaping, walls, walks, driveways, parking pads, patios, fences, additions to the Residence, outbuildings, or any other item or improvement which will change the grading of the Lot. The installation of such improvements is acceptable so long as the manner of installation is consistent with, and does not change, the grading and drainage patterns of the Lot.
2. To fill with additional soil any back-filled areas adjacent to the foundation of the Residence and in or about the utility trenches on the Lot in which settling occurs to the extent necessary from time to time to maintain the grading and drainage pat- terns of the Lot.
3. Not to water the lawn or other landscaping on the Lot excessively.
4. Not to plant flower beds (especially annuals) and vegetable gardens adjacent to or within three (3) feet of the foundation and slabs of the Residence.
5. If evergreen shrubbery and grass is used within five (5) feet of the foundation walls, to water the shrubbery and grass by controlled hand watering and to avoid excessive watering.
6. To minimize or eliminate the installation of piping and heads for sprinkler systems within five {5) feet of foundation walls and slabs.
7. To install any gravel beds in a manner which will assure that water will not pond in the gravel areas, whether due to nonperforated edging or due to installation of the base of the gravel bed at a lever lower than the adjacent lawn.
8. To install a moisture barrier (such as polyethylene) under any gravel beds.
9. To maintain the gutters and downspouts which discharge water into extensions or splash blocks by assuring that (i) the gutters and downspouts remain free and clear of all obstructions and debris; (ii) the water that flows from the extension or the splash block is allowed to flow rapidly away from the foundation and/or slabs; and (iii) the splash blocks are maintained under sill cocks.
10. To recaulk construction joints opening up between portions of the exterior slabs and garage slabs in order to thereby seal out moisture.