AGREEMENT REGARDING CONVEYANCE OF

VIEWPOINT P.U.D. COMMON ELEMENTS

This Agreement Regarding Conveyance of Viewpointe P.U.D. Common Elements

(“Agreement”) is effective upon the effective date provided in the certification stated below.

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, Viewpointe P.U.D. is a common interest community as defined in the

Colorado Common Interest Ownership Act (“CCIOA”);

AND WHEREAS, Viewpointe Community Association, Inc. (the “Association”) has

been formed in connection with the Viewpointe P.U.D.;

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 WHEREAS, 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, there are two parcels of land in Viewpointe P.U.D. titled in the name
Viewpointe Homeowners Association, such parcels being known as “Tract B” and “Tract C” on
the Original Plat and being described as narrow strips of land located on either side of the
northern region of View Point Dr. where View Point Dr. intersects Jefferson Ave (the “Common
Elements”);

AND WHEREAS, certain unit owners in Viewpointe P.U.D. have concluded that it is in
the best interests of Viewpoint P.U.D. to convey the Common Elements to neighboring property
owners outside of Viewpointe P.U.D.;
 AND WHEREAS, under the Colorado Common Interest Ownership Act (“CCIOA”),
codified at C.R.S. § 38-33.3-312(1), the Common Elements may be conveyed by the Association
if persons entitled to cast at least sixty-seven percent of the votes in the Association, or any
larger percentage the declaration specifies, agree to that action;

AND WHEREAS, the Single Family Declaration provides no specific percentage of

votes necessary to enable the Association to convey common elements, and so consent of the
owners of at least 134 of the Units is required.

NOW THEREFORE, the unit owners whose written consents are attached hereto (the
“Consenting Unit Owners”) agree as follows:

1. The Consenting Unit Owners agree that the Association may convey the Common
Elements in exchange for any consideration it deems advisable, including a nominal
consideration (i.e., $10).

2. This Agreement may be executed in counterparts.

3. This Agreement is void if not approved by the requisite number of unit owners on or
before February 28, 2023.

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 UNIT OWNER CONSENT
(Conveyance of Viewpoint P.U.D. Common Elements)

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 Regarding Conveyance of Viewpointe P.U.D. Common Elements.

Owner’s signature(s) ______________________________

______________________________

______________________________