AGREEMENT TO TERMINATE VIEWPOINTE P.U.D.

This Agreement to Terminate Viewpointe P.U.D. (“Agreement”) is effective upon

recording in the records of the Clerk and Recorder of Larimer County, Colorado (the “Effective
Date”).

WHEREAS, Viewpointe P.U.D. was formed on May 5, 1998 with the recording of the
“Declaration of Covenants, Conditions, and Restrictions for Viewpointe P.U.D. (Single Family
Lots)” at Reception No. 98036363 (hereafter, the “Single Family Declaration”), and the
“Declaration of Covenants Conditions and Restrictions Viewpointe P.U.D.” (“Commercial
Lots”) at Reception No. 98036362 (the “Commercial Declaration”);

AND WHEREAS, a plat for Viewpointe P.U.D. was recorded on April 29, 1998 at
Reception No. 98034754 (the “Original Plat”);

AND WHEREAS, certain lots intended to be commercial on the Original Plat (Block 9,
Lots 1, 2 and 3) were replatted as Lots 1-17 in Block 9 via the plat entitled “Viewpointe 2nd
Filing Being a Replat of Lots 1, 2, 3, Block 9, Viewpointe, Town of Wellington” (the “Amended
Plat”), recorded on July 7, 2000 in the Larimer County real property records at Reception No.
2000045776;

AND WHEREAS, after the filing of the Amended Plat, there were and are currently 199
Units in the Viewpointe P.U.D.;

AND WHERAS, the Single Family Declaration was amended via a document entitled
“Amendment to the Declaration of Covenants, Conditions, and Restrictions for Viewpointe
P.U.D.” recorded on May 15, 2017 at Reception No. 20170031694, wherein Article 10.11 was
amended;

AND WHEREAS, under Colorado law, C.R.S. § 38-33.3-218, a common interest

community may be terminated only by agreement of unit owners of units to which at least sixty-
seven percent of the votes in the association are allocated or any larger percentage the
declaration specifies;

AND WHEREAS, the Single Family Declaration specifies at Article 13.5 that it may be
amended “at any time by a written and recorded instrument containing the consents of the then
record Unit Owners of Units to which at least sixty-seven percent (67%) of the total number of
votes in the Association are allocated,” and no different percentage is specified concerning
termination of Viewpointe P.U.D.;

AND WHEREAS, under the Single Family Declaration Article 6.3, one vote is allocated
to each of the Lots;

AND WHEREAS, the written consent of the owners of at least 134 of the Units is
required for this Agreement to be effective;
 AND WHEREAS, the owners of the necessary 134 Units shall be known as the
“Consenting Unit Owners” and their consent is evidenced by their signatures on the documents
entitled “Unit Owner Consent,” which are filed herewith.

NOW THEREFORE, effective on the “Effective Date” written above, the Consenting
Unit Owners hereby agree as follows:

1. The common interest community known as Viewpointe P.U.D. is terminated. Such

termination includes termination of the Single Family Declaration and the Commercial
Declaration.

2. There are two parcels of land in Viewpointe P.U.D. titled in the name of “Viewpointe
Homeowners Association,” such parcels being known as “Tract B” and “Tract C” on the
Original Plat and being located on either side of the northern region of View Point Dr.
where View Point Dr. intersects Jefferson Ave (the “Common Elements”). After the
Effective Date, the Viewpointe Community Association, Inc. (the “Association”) shall
take title to the Common Elements as trustee for the unit owners and shall attempt to sell
or otherwise dispose of the Common Elements on such terms as it deems proper. No
further approval of any portion of the unit owners or the Consenting Unit Owners shall be
necessary prior to the sale or disposal of the Common Elements by the Association.

3. Upon the Effective Date, the Association shall become the trustee of all remaining
expenses, debts, obligations, and assets of the Association on behalf of the unit owners.
After the Common Elements are disposed of, the Association shall take immediate steps
to wind up its affairs and dissolve.

4. As part of dissolution, the Association shall pay all outstanding debts and pay its
lienholders, if any. Any remaining funds shall be distributed to the unit owners in good
standing with the Association in equal shares. For purposes of this provision, “in good
standing” means that the unit owner has no outstanding monetary debt owed to the
Association as of the day that that the Common Elements are disposed of.

5. This Agreement is void if not recorded prior to February 28, 2023.

6. Should the Association be unable to sell or otherwise dispose of the Common Elements
by April 30, 2023, this Agreement to Terminate Viewpointe P.U.D. shall be void.

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 UNIT OWNER CONSENT
(Termination of Viewpointe P.U.D.)

STATE OF __________________ )
) ss.
COUNTY OF ________________ )

Subdivision: _____________________________, Block: _____, Lot: _____

Street Address: _____________________________

Owner’s printed name(s): _____________________________

_____________________________

_____________________________

I/we swear or affirm that I/we am the record owner of the above-described property in the
Viewpointe P.U.D., Wellington, CO and acknowledge my/our agreement and consent to the
foregoing Agreement to Terminate Viewpointe P.U.D.

Owner’s signature(s) ______________________________

______________________________

______________________________

The foregoing was acknowledged before me this _____ day of ______________, 2022 by

_______________________________________ (name(s)).

Witness my hand and official seal.

_____________________
Notary Public