HomeMy WebLinkAbout1.0 ApplicationAugust 24, 1983
County ComnissionersGarfield Countv, Colorado
Dear Sirs,
r herewith present all informatj-on necessary to the final platsubnittal of J-I'iar Estates.
Tim Callahan
Telephone (303) 8765693
feel free to contact me.
plat and the construction plansplans submitted during the
6ho rnro ck 6u ryeying 6ery icc;
P.O. Box 35
Silt, Colorado 81652
I also wish to state that the finalsubmitted are in accordance ruith il:eprelini.nar], plattinE procesEr.
ff furti:er information is needed,
Sincerelv -
Gajtl/ P,. Slreve-'l,and
SUBDf . -Sf Oiii I]';PROVE}IEI{TS -\cilEE}.iE,. -
Tilis nGREEI,lEirTT, nacle ani. entered into this _ d.y ofbetween Gary R. sheveland , and the BoARD oF corn+ffiotiui3s iounTsGARFIELD COUIITY, COLOR.ITDO, hereinafter referred to as the ,,Countv,,
ITITTNESSETH:
WI-IEREAS, Gary R. Sheveland is the ohrner of certain real propertylocated in Garfield County, Colorado, more particularly d.escrj.Led on thefinal plat for J-Mar Estates and on'Exhibii,,A,,, which j-s filed on evendate hereith, which real property is now known as ',;-Itar Estates',hereinafter referred to as the ,,subdivision"; ancl
htHERLriS, ds a conoition of approval of the final plat (hereinafterref erred to as the ,'p1at,' ) f or the J-i,iar Estates, Gary R. Sheveland wj-shesto enter into tiris Subdivision fmproveinents .:ereen€nt (irereinafter referredto as "Jroreernent,') rvith the Count_v;
wlIEREiS, t!" county fuas required a.nd Gary R. Sheveland has agreed.to provide security or collateral sufficient in the judgment of thecounty to make reasonable provision for completion of-ceitain publicimprovements as set forth on Exhibit rrBrr attached hereto ancl incorporated.herein by this reference; ancl
I^IIiERE.1S, Gary P,. Sheveland has agreecl to execute and d.eliver a letterof credit to_the County to secure and guarantee its performance of thisAgreer,rent and has agreed to certain reitrictions reglrding the issuance ofbuilding permits and certificates of occupancy within the subdivision, allas more fuJ-1y set forth hereinafter.
lToti, THEREFORE, for and in consideration of the prenises and thefollowing nutual covenants and aqreements, the partj-es herebl, "ti". asfollows:1. PERPoRi'LqtgcE. on or before December 1, tgSL, Gary R. Shevelandag:rees to construct and instalL, or to cause to be constructed andinstalled, at its sole expense, those public iruprovements set forgr inExhibit rrBrr. Gary R. Sheveland agirees that all of the public improvementsto be completed as identified on Exiribit,,B,, attached hereto snait beconstructed in compliance with the follovring:
a ) A11 finaL plat documents submitte6 prior to or at thetime of final plat approval.b) All lavrs of tha united stated, state of colorado, andits _various aqencies, affected special districts,and/or municiparities providing uti-1ity services.c) such other deligns, orlwings, maps, specifi-cations,sketches, and other netter suumittia io and opprov"a byany of tire above-stated governmental entities.
The countY agrees that provided such 5-mprovements are installed inaccordance ruith !lri: paragraph one, then Gary R. shevel-ancl shall be deemedto have satisfied all terms and conditions of the zoning and subdivisionlaws, resolutions and regulations of Garfield couniy, cororado including,but not limited to, Resolution No. 82-231 adopted bt the county onseptenber 'l , 1982, and Resolution No. 83-131 iaoptei ry the coirnty of ,June6, 1983. r---- '-r
2' CosT OF II{PROVE}'ENTS. ft is understood, for purpose of thisagreement, that the cost of all of said public impiovements- is seventyI'Iine Thousand Four Hundred lTinety Eight Dollars ana UoTCents (S79,4g8'.OO),
OF
t
( "Totai Construction its"'forth on E>:iril:it ,,8,,, rvlticjrapproves and' eccepts, Garyof such estinates b1z Beck,
ene'i neer j-no firrn
Upon receip-, fron Garv R. Sheveland ofpubJ-ic improvenents set foitir on Exhrbrt ,,8,1
), based upon the eng :ering cost estimates setamount the Countlz finds reasonable and herebyR. SheveLand has provided wrj-tt.en confirrnationShrum and .Associates, a Grand Junction
3. SECTjIifTY FOII fi"iPROVEI.lEllTS. On or before July}, 1944, Ga::y R.Shevel-and- siral--]- dej-i-ver a letter of credit issued by a state or nationa.Ibanking :-nstitution rvi:ich i-s licensed to cio busin.si in tite State o fColorado, iD a_form acceptabIe to the County, which acceptance shall benot unreasonably withheld. Tire amount of siia letter of credit sha1l beequal to the I'Total Construction Costs" of Seventy l{ine ?irousand FourEundred i*iinetrr Eight Dollars and i.Io/cents (Szg.4gA.OO), plus an.-i inflationfactor, ss provid.ed for in Paracraph ul belor.;. In the event Gary R.Sheveland fails to oeLiver said Letter of credit by July l, 19S4, then thePlat raav be vacated bv the county ancl in such evenl all- approvali of theSubdlvision bir tire Countl, shall- be deei;aed. to have been r.ritfrarawn andrendered nul] ancl void bv such vacati_on and all parties shalI be releasecl ifron anv furtner obJ-igration hereunder. conte*por"rr.J"rrv"iiiin"In"execution of this .icree:aent, Gary R. Sheveland has delivered its writtenconsent to said vacatj.on in the event an acceptable letter of creqit isnot delivered rtithin tl:e time provided; and, tiis consent is blnding uponits successors and assigns
Upon Gary R. Sheveland deliverinc to the County saiC letter of credit,they sha1I be entitleo. to enter into Jales rg.".*"rrlu f or the sale of lots.Flowever, Do burldinE permits shaI1 be issuecl until tire County has acceptedthe conpleted inprovenentS. Upon delivery to the County of laid letter ofcredit, The countlz sha1l issue rvritten approval in a forrn recordabLe in bheoffice of the Recorder of Garfielcl Coun'"y, Colorado, statj-ng that saidletterof creilt- has been provided pursuant to th:-s agreen"nf. and that salesagreenents =ray be rnade. i-iotrerrer, the Oonntl-, sl:al-l not be requi-red to j-ssuebuilding pei:I-iits for any buj-ldinEs cons'tructei witi:in the subclj-vj-sion untilsuch t,ime as all inproveilents have been accepted by the County, whichacceptance sha11 not be unreasonable withhelo
his certifi-cation that the
have been completed and paidfor,the County shallreturn-i=o Gr:, n. lsfeveland the letter ;; -;;;ffi;o.j"i"Ilirri.i i" ru1l ,,and si]all acknor'Jledgie that all in1:rovements have been completed in asatisfactory manner and. sha11 othenrise release the aforesaid. letter of cre-it, in recordabLe form if requestec by Gary R. sheveland.
Tire county ft41" at its option, pernit Gary R. shevei-and to substitrirteother collateral acceptable to the county for Lhe collateral origiaaalllzgiven ,':1,' Gan' R- Sheveiand to secure the conpletion of the improvements ashereina::ove provided.
4. rilFr,ATTor'T ADJUsrl,tElTT. ,as provid,ed in paragraph 3 above, theamount of col-1atera1 shall be ad,juited on an annual basis for infrationbased upon the consumer Pt]g: _rn!6x, Denver:&ll urban consumers rndex, Allftens, 196z egyal9 100, published by the unlted staies Department of Labor,Bureau of statistics. Eaeh year auiing the term of this agreement,corarnencing on the f irst day or .Tu1y , tlaa, and e""r, year thereaf ter, thebase amount of the collateial shali'be adjuited uy-"b*putlng the incerease,if aDY, in the cost of living_fol t!:_preleding yi"r period and addingthe same to the base amount or the 329'.6 and ti:e- corresponding cpr numberfor the montirs of each succeeding year shall be the current index number.The increase, if _ any, between the base index number and the currentnumber (expressed as a percentage) shall be multiplied by the base amount
of the coLrateral anc n)'resulting positi-ve pro ct shaIl be ad.ded to thebase amount oi the collateral- and it L tot.t thereof shall be ti:e ad justedarnount of coilateral. Tire part:-es i:ereby agree tl:at a ner.r letter ofcrecl':-t will be issued wh-ich triIl equal the amount of the acljusted amountof collateral.
rf at any tj-me during the term of any extension thereof said consumerPrice rnde>r is no longer published, the parties shalr use such other indexas is qienerally recognized or accepted for the purpose of naking similardetermj-natj.ons of purchasing povrer. "r(":ar'v
5' NoTrcE oF DEFTCIEIICTES. rf tire County d.etermines that the improve-nents trithin any phase are not constructed in lomptiance with thespecifications thereof, it shall furnish a wrj.tten list of up."iii.Ceficj-encies to Gary R. Sheveland.. rf the deficiencies have not beencorrected, or if satisfa.ctory arrangienents have not been made to correctsuch defi-ciencies within thiity (30i cl.ays after the rist is furnished, thecount-v mali drarv on tire letter or cred,it such funds as may be necessary toaccompl:-sh ti:e constructuin of the improvements in accordance with suchspecif icatj_ons.
6' ENFoRcEMEI'rr. rn adoiti-on to any rights which may be provided bycolorado statute, it is mutually agreed. that the county or any purchaser ofa lot or unit r'rithin the subdivisi6n shall have the authority t; bring anaction in the District court, of Garfiel-d countlz, coroiJl"l-;; JI*p.r theenforcement of this ;lgreement. such authority-shaI1 j-nclude the right tocompel rescission of any sa1e, conveyance, or transfer of any 1ot or unitcontrary to the provisions of this.lgreement, or as set forth on tire platof the subdivision, or in any sepaarate recorded instrument. Any suchaction shal1 be corlnencecl prior to- the issuance of a building permit by thecounty for such lot or unit; and in the event no such action i3 so commenced,,then the countl' .ld any purchaser shaIl be deenec to have waived theirrights and authoriti.' trerLin provicled.
7- APPRoV:\L op pL:iT. Ti:e county agrees to aporovar of the platsubject to the terns anc conditions oi trr:.s agreeml-nt.
B ' i\I'{ENDI'IEITT. This Agreeraent nay be amended from time to time,provided that such arnendment be in vrriiing and "ig".a ry the parties hereto.
9' BridDrIG EFPEcr. Tiris Agreenent sharr be a covenant running withthe title to each 1ot or ui:j.t ru-ihtin the subdiv:-sion and the rights andob-i-igations as conta-inecL i:erein slral1 be bind.irrg .,por and inure to theireiref :t of Dbveloper, its successots ancl assiqns.
BO;\RD OF COUNTY COI,MISSTONERS
G;\RPTELD COLftITY, COLORiiDO
Chaii
ATTEST:
ATTEST:
Secretary
.ENGINEERS .PLANNERS.
Pufferbelly East
215 Pitkin, Suite 203
Grand Junction, Colorado 81501
(303) Zqs-1227BECK, SHRUM & ASSOCIATES, lNC.
Thomas P Beck. PE.
Daryl K. Shrum, A.PA
August 22, 1983
BSA-227/521.03
Mr. Tim CaIIahan
Shamrock Surveying Services
P.O. Box 35Silt, Colorado 81552
Subiect: J-!1ar Subdivision Cost Estimate
Dear Tim,
As instrd.'cted by your w€ have prepared an estimate
costs for the following work at J-Mar Subdivision:
3' asphalt mat, 7O40 s.y. e $6.50/s.y.6'base course, 1564 c.y. € $f5.00/c,y.
24:' dia. CMP, 50 1. f . @ $20 .00/1.f .
12" dia. CMP, 50 l. f . e S9 ,55/L,f .
6r000-9a1. storage tank, 1 ea. G
Total
of probable
$45, 760
23 ,460
1,000
478
8,800
$79 ,498
Of course, since BSA has no control over the cost of labor,
materialsr oF equipment, or over the ConLractor's method of
determining pricesr oE over competitive bidding or market
conditions, the above estimate of probable construction costs is
made on the basis of BSA's experience and qualifications. These
estimates represent BSArs best Sudgement as professionals familiar
with the construction industry but are Lo be considered as BSA!s
opinion only. BSA cannot and does not guarantee [hat actual
construction costs will not vary from the above estimate.
If you have any questions, please give me a call.
ND ASSOCIATES, INC.
Thomas P. Beck, P.E.
Corr. Out
s21.03
truly
, SHRU
August 31,1983
P.O. Box 35
Silt, Colorado 81652
Mark,
r got ahold of Keith Crandall
busy and forgot about letter
He wilL have it for me at theI will run it down to you.
homro ck 6u Neying 6zrv tces
Tim Callahan
Telephone (303) 876-5693
last night and he said he has been very
on J-Mar Estates fj-re protection.SiIt Town HaII on Tuesday mornj.ng and
Tim Callahan
,0t/.,
SCrrpltr<, I(ERST & OPWTNTI]R
ATTORNEYS AT LAW
SUITE 2O.I. AI7 COLORADO AVENUE
GLENV/OOD SPRINGS, C()LORADO A160T
(303) 945-2447
JOHN R, SCHENK
DAN KERST
WILLIAM J. DEWINTER, III
August 24, 1983
Mr. Mark Bean
Garfield County
Department of Development
2014 Blake Ave
Glenwood Springs, CO. 81601
Re: J-MAR Estates Subdlvision
Dear Mark:
I enclose herewith a proposed Declaration of Easements, Restric-
tions and Covenants, Articles of Incorporation and By-Laws for the J-I"fAR
Estates Subdivlsion. I would bring your speclal attention to the
following provisions which are intended to address the conditions
imposed by the Cormlssioners in their approval of this subdivision,
to-Lrit:
1. Section 2 of Article II, provldes for the ownershlp and admln-
istration of the Rising Sun Dltch irrigation hrater by the Association.
2. Section 4(e) of Article IV, Section t(b)(C) of Article VII, and
Section 3 of Article VIIIr provide for the Associationrs rlghts and
obligatlons wlth regard to the lJest Divide Water Conservancy Dlstrict
Allotnent Contract.
3. Sectlon 4 of Article VI, provides the required language
regarding dogs.
4. Section 7 of Artlcle VIr provides the requlred language
regarding the rear yard setback for Lots 5, 6, 7, 8 and 9.
5. Section 8 of Article VIr provides the requirements regarding
installation of culverts for drLveways.
6. Section I of Article VIII, establishes the irrevocable covenant
to connect to Silt nuniclpal water and sewer service, when available.
DECLARAIIoN OF COVENANIS-I RESTRICTIONS AND CONDITIONS
@
IIiIS DECLARAIION, is nade and entered into thls day of _, 19g3,by Gary R. sheverand, herelnafter referred to as "DecrEiEiTr, wtmtnSSETH:--
^ ^.ryRE$, Declarant is the onner of that real property situate in the County ofGarfield, State of Colorado, knor+n as the J-MAR Estatls Subdivlslon and jescribed asfo1 lows :
P" Is4wt, wt NI.lk NEk and the westerly 30r of the E! NlllNrEt, secrlon 16, Townshlp 5
_Souttr, Range 86 West of the 6th P.M., Garfield County, Colorado, except ihat portionlylng North of-the Rtsing Sun Ditch and except that port.ion deicribeh as the GioniMinor Subdivlsion ln the records of the Cleik and Recorder of Garfield Counts1r,Colorado.
Sald rea_l ProPerty ls more particularly described on the final plat of the J-I4AREstates subdlvision as recorded in the Garfield county records.
- __N9w, IIIER-EFOR-E, Declarant hereby declares that all of the properties descrlbed aboveshaIl be held, sold and- conveyed^subject to the following easerents, restrictions, cove-nants, and condltlons which are for the purpose of proteCtlng the vilue and aestriuitiryof, and wtrich shall run with the land a-nO be bindi'ng on aIi parties having any right,title, or interest ln the above-described properties or any part thereof, it"i. trelrj,successors, and assigns, and shall lnure to thL benefit of eaitr Ormer thereof.
ARTICX.E I
DEFINITIONS
-Section 1. lrAssociationirshall mean and refer to the J-I'{AR Estates Horneowners Assoc-iatloil-E-tor6rado nonprofit corporati.on, its successors and assigns.
Sectlon 2. ttotrnerrt shall nean and refer to the record orvner, vrtrether one or rDorepersoil-iT-En-Eities, of fee _sinple title to any Lot which is a part of the properties,lncluding contract. sellers, but excluding those having such lnterest merely as'securityfor the performance of an obligatlon.
Section 3. ttPropertiesrt shall nean and refer to that certain real property describedaboveftii-Gffi addltions thereto as rDay hereafter be brought within the jurisdiction ofthe Assoclation.
Section 4. rtcoEmon Areatt shall mean all property (including the improvements there-to) offi-ed-T!-Ehe Assoclation for the coruron usl ana enjoyment of the ormers. rtre CommonArea to.be oyng! -bf ttre Assoclatlon at the time of the-conveyance of the first Lot of theProperties shall be the comon access road described as Giomi Lane on the final plat ofthe J-MAR Estates Subdivlsion as recorded ln the the Garfield County records and otherfacllities hereafter conveyed to the Association by the Decrarant.
Section 5. "Lotrt sha1I mean and refer to any plot of land shown upon any recordedsubdiv-IE-i3n i?p of the prop-erties, with the exception of the common area, but togetherwith all appurtenances ind -improvernents
nor^, or hereafter located on such :i;t.
Section 6- rrDeclarantrr shal1 nean and refer to Gary R. Sheveland, his successors andassignE-
Section 7. rrl'bnbertr shall mean and refer to every person or entlty wtro holds member-
sh ip Int--IEETEs oc ia r ion.
SecEion 8. rtFirst Mortgagerr shall mean and refer to any unpaid and outstandingnortgE[El-dEEE- of trust or other security instrunent recorded in the records of the officeof the Clerk and Reco5<191 of the County of Garfield, Colorado, having prlority of recordover all other recorded liens except ihose governmental lleni made irrierior Ly "trt.rt.(such as general ad valorero tax liens and spiecial ,"""r"ru[u). -;;ri."'J-G-rtglge,' shallalso mean and refer to any executory land iales contract wherein the Administrator of
l-"!:Iin" Affalrs, an offiCer of the-United States of America, is the original seller,L'hether such contract ls recorded or not, and whether such contract is ownid by tne sjiaAdninistrator or has been assigned Ay the said Adnlnistrator and is owned by the Admlnls-tratorrs assignee, or a reDottassl5inee, and the land records in the office of the Clerkand Recorder of the 9o"1ay or Garfield, Colorado, show the sald Administrator as havlngthe record title to the Lot.
Section 9. rtFirst Mortgageetr shall mean and refer to any person named as a rDortgageeor beiEEiETZF unde:;; o;?;;;';i,tn'!'Efi.lI III;:"Trm%ff:1yf Tf" .]"""+"TttT.;.r.i"x",,..%Tf i*ti,rrt
t
,t
contract wierefu the sald Adminlstrator ls ldentlfled as the se1ler, whether such contractis recorded or not and the land records ln the Office of the Clerk and Recorder of theCounty of Garfleld, Col-orado, show the sald Adnlnistrator as having the record Elt1e tothe Lot), or any auccessor to the interest of any such person under such First Mortgage.
ARIICLE II
PROPEKTY RIGHTS IN II{E @MII.'ON AREA
Section 1. Ormersr Easenents of Enjoynent. Subject to the provislons of Section 3of.thGlf,?tTEIe,e@anonexc1usiverightandeasementofenjoynentin
and to the Comon Area and such easetent shall be appurteiant to and shall pass wlth thetltle to every lot.
Section 2. I.rigati"" tlater=Ri . On or before the Declarantrs conveyance of thetirst-LoT-ilthin@ntshal1transferandconveytotheAssociation
l}t gf hls irrigatLon water and water rights and ditch and dltch r:.ghts in t6e Rtsing SunDitchr- which water and dltch rights the Association shall ho1d, ofr and adroinister inaccordance with the Provislons of its Articles of Incorporation and By-Laws. Itre Assoc-latlon shall have such easements and rigbts of way as ari necessary to properly adninistersaid water and ditch rights for the beneficial use of all Grneri inciuoingr- but notlimited to, the right to use existlng ditchs and laterals and to extend suci- ditchs andIaterals or construct new ditchs and laterals as reguired to convey irrigatlon vrater toeach Lot. Ihe Associaiton Day impose such rules, regulations and conditi,ons on the use ofsaid water and ditch-rlghts as it, in its sole discr-tion, deems necessary to maxi-mize andequallze the beneficial use of said rights by aII 0nners.
Section 3. Extent of Or^'ners? Eas:qgqlg. Ttre rights and easements of enjoymentcreatEdTE;EE sha@ng:
(a) The right of the Assoclation, ln accordance with its Artlcles and Bylaws,
t_o borrow noney for -the PurPose of improving. the Comnon Area and, with written conient ofthe Members entitled to vote two-thirds (Z/3) of the votes of eaih class of membership and100 percent of all First Mortgagees of Lots (based upon one vote for each First Mortgageowned), to nortgage said propJrty as security'for any suct lo.n; "na(b) Itre right of the Association to take such steps as are reasonably necessaryto protect the Comon Area against foreclosure; and
(c) Ihe right of the Associatlon to promulgate and publish rules and regu-lations which each Member shalI strictly comply riitt; inO
(O) ttre right of the Association as provided in its Articles and Bylaws, tosusp-end the voting rights of a Member for any period during which any assessment againsthis.Lot rgy1i-ns-unpaid and, for a period not-to exceed sixtI, (OO) day's, for any infiactionof lts published rules and regulations; and
(e) Ttre right of the Association to dedicate or transfer all or any part of theCorgon ATg:. to any public agency, authority, or utlllty for such purposes and iubject tosuch condltions as m?y be agreed to by ths i,lembers, prbvided thaf no such dedication ortransfer shall be effective unless an lnstrument agreeing to such a dedication or transfersigned by two-thirds (2/3) of each class of Members aod uy 100 percent of all FirstMortgagees of Lots (based upon, one vote for each First Mortgage oirned) has been recorded,and unless rritten notice_9.f fte proposed agreement and action thereunder is sent to everyMember at least thirty (30; 6.r"- ln- advance of any actlon taken, and \:nless such ded-icatlon or transfer _ls -approveo uy ttre County of -Garfield, Coloiado, or any successorgovernmental-entlty having Jurisdlction over ihe Propertfes, if requiied by iesolutions orordinances-thereof, and,-provided further.that the grantin! of permits, ilcenses andeaseue-nts for Pub1lc utllities, roads and/or for other public prrpo"es consistent with theintended use of the Comron Area and reasonably ,,."e""ai, or ,r!.firl for the proper main-tenance of operatlon of the Properties of the-Assoclatton shall not be deemed i transferwithin the meanlng of thls Subsection (e).
(f) Ihe rlght of the Assoclation to close or timlt the use of the Cormon Arear+hile nalntaining, repalring and naking replacements ln the comon Area.
Sectlon 4- Palqeqt of Taxes or Insurance by Flrst Mo.lggg.s. First Mortgagees ofLots EhiFTii" taxes or other charges orassessments wttlch are In default and wtrich may becone a itln agalnst the Cotrmon Area andany First Mortgagees making any such paynent sha1l be owed inurediate relmbursenent there-for fron the Association.
AXIICLE III
MEI"EERSHIP AND VONNG RICITS
Section 1- M"PggEiP. Every Grner of a Iot wtrlch ls subJect to assessments shal1be a EGEEi-5I thE-TEE6EIiEion. Mlnbershlp shall be appurtenanr to and may nor be sep-arated fron ownershlp of any Lot wtrlch is subject to as#ssment.
Sectlon 2. Classes of Mernbershlo.
r[erDDershlp:
Ihe Association shall have two classes of voting
:
I
;
,I
Class A. Class A Members shall be all or^nrers, wlth the exception of the Declarant,and strfTI-EE entitled to one vote for each Lot ornea. I,Jhen more ih"n o.,e person holds aninEerest in any Iot, all such persons shall be Menbers. Ihe vote for such Irt shall beexerclsed as they determine, but in no event shall more than one vote be cast wtth respectto any such lot.
Class B. Itre Class B }4ember(s) shall be the Declarant and shall be entitled to three(3) votes-Er each Lot owned. Ihe illass B membership shall cease and be coverted to ClassA menbership on ttre happening of elther of the followlng events, vhlchever occurs earlier:
(a) wtren the total votes outstanding in the Class A Membership equal the totalvotes outstanding in the Class B Membership; or
(b) nrree (3) years following Declarantrs conveyance of the first Lot withinthe Properties.
Section 3. Voting Rights and Ltmitations.
.(a). SusPension of Voting Rights. If any Owner, his fanily or any licensee orlrvlEee vlorates the Associationrs rules, once adopted by the Board after Notice andHearing, the Board nay suspend the right of such person to vote his mernbershlp interest,under such conditions as the Board may specify, foi a period nor to exceed sf*'ry (oO) o"isfor each violation.
(b) Annexat-ion, -Mer€er, Cgrlsolldatlon, Dissolution. Upon the written consentof two-thiras ,rrd its properties may beannexed-by a municipality, merged or consolidited with another or similar organization, orenlarged, or be dissolved entirely.
ARIICLE IV
COVENAI{f FOR MAI}I]ENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligatlon for Assessments. ItreDeclaiiiEl-E? ea -ooner orany Lot by accePtance of a deed therefor, whether or not it shall be so exDressed in suchdeed, is deened to. covenant and agree to pay to the Association: (1) annr-iar assessnentsor charges, and (2)-special assesinents for-capital improvements, such assessments to beestablished and collected as hereinafter provided. Ihe annual ind special assessments,together trith interest, costs and reasonable attorneysr fees, shall 6e a charge on theland and shall be a continulng lien upon the property against which each such assessmentis nade. Itre lien _IDay_ b! enforced by foreclosufe conmJnced by action of the Board ofDirectors on the defaulting orsnerrs tbt uy the Associatlon in iike manner as a nortgage onreal properEy. In any such foreclosure, the Or.mer shall be required to pay the costs andexpenses of such proceedings, including reasonable attorneyst iees. ltre lioard of Direc-t_ors may PrePare a wrlrten notice settlng forth the aflounC of such unpald indebtedness,the name of the Ormer of the Lot and a dLscriptlon of the Lot. Such a notice shall besigned-by the_ president or vire president of the Board of Directors and may be recorded inthe office of the Clerk and Recorder of the County of Garfield, Colorado. Ihe lien foreach unpaid assessment, attaches to the propercy at the beginning of each assessrDentperlod and shall continue to be a lien a[alnst ihe property-until-paid. Ihe costs andexPenses for filing any notice of Llen shitl be aOoea to the assessment for L,trich it isfiled and collected as Part-and parcel thereof. Each such assessment, together withinterest, costs and reasonable attorneyst fees, sha1l also be the persorial o-bligation ofthe person oho lras the Orrner of such property at the tlme when the assessrDent fe1l due.tte-personal obligation for dellnquenf aisessments shall not pass to hls zuccessors intit-le unless expressly assumed by them. Itre Ormer further "gr.es by his acceptance oftltle to a Lot that the Association shall be vested with the light ,na power in its ownnane to take and prosecute all sults which nay, in the opinion of the Association, benecessary or advisable for the collection of such delinquent assessnents.
Section 2. HoE"Eggg-B=rp!1rr,. Ihe 1len of the Association for assessments shallbesu!EiGi-?o-any@nasisnowormayhereafterbeprovidedbyCo1orado
IrY. Ihe a-cceltance of a deed to any Lot subject to ihis Declaration shall constitute awaLver of the homestead exemption as against s-aid ass.s"ment 1ien.
Sect1on3.Pu@.Iheassessments1ev1edbytheAssociatlonsha11
be.usEdEEfG1ve@ation,hea1th,safetyandwe1fareoftheresidentsof the Lots, and 16r th'e impiovtmeniir-operrtlo;ina;ri;E!n"r,ce of the comon Area.
Section 4. Maxfuurn Annual Assessment. Untll January 1 of the year lmrDediatelyfo11oilrG!--EE-convffitoanGilner,ihe*ax1rnr:mannuaInalntenance
assessnent(exc1ud1ngut11it1esservl-cecharges)sha11.bes-p".Gt.
(a) Fron and after January I of the year inrnedlately following the conveyanceof the flrst Lot to an Orpner, the maxiroum annual assessment nay Ue incrEased effectlveJanuary 1 of each year, without a vote of the nemb.ership, in conformance vith the rise, lf
9IY, in the Consuoer Price Index (SPI-U) 1957=100) for -DLnver, Colorado, publtshed Uy ttreU.S. Bureau of Labor Statistlcs, for the preceding year based on the nosl recent reportavailable as of January 1, but not more than five percent (5%) above the raxi-mun annualassessrDent for the prevlous year.
(b) Fron and after January 1 of the year imediately folloring the conveyanceof the first Lot to an- Owner, the naxirrun annual assessment for the nexL succeeding oneyear and at the end of such period of one year, for each succeeding period of one !ear,nay be increased above that estabrtshed ln Secfion 4(a) above uy a13te of the uemlersiprovlded that any such change shall have the assent of two-thiids (2/3) of the votes ofeach class of }bmbers who are voting 1n person or by proxy, at a neetlng duly called for
lhtp purPose, rdritten notice of whlch strall be "ent to ail Members not _Iess than thlrry(30) days nor more then sixty (OO; 6"r" in advance of the neeting setting forth the
PurPose of the DeetinS. ltre llmitations hereof shaIl not apply io .ny clirnge ln thenaxlmun and basis of the assessments undertaken as an inciderit -to
" ,ergur or consol-idation in which the Association is authorized to participate under iti Articles ofIncorporat ion .
(c) lhe Board of Directors of the Association may, after conslderation of thecurrent maintenance costs and the financtral requiremenE.s of the Association, fix theannual assessment at an aaount less than the maximr.m.
(d) Ttre Assoclatlon shall maintain an adequate reserve fund out of the annualassessments for the mintenance, repair and replacement of those elenents of the CormonArea, if any, that must be replaced on a periodic basis.
(e) Ihe Association shaIl maintaln an adequate reserve fund out of the annualassessnents for the PayDent of the annuaL fee or chirge due to the West Divide l,JaterConservancy Dlstrict under its l.later AlIotment Contraci with the Declarant for the allot-ment of the Districtrs water to the Lots wlthin the properties, pursuant to said Dis-trictrs operatlng plan as approved and administered 6y tte Cor"rioo Division of waterResources. Ihe Association shall assune and perform aII of the obligations of theDeclarant under sald Water Allotnent Contrac! and shall levy such ass-essments as arenecessary to perform said obligations.
Section 5.- SPeclal- Assess.ments for Capital Inprovements. In addition to the annualassessmentSauthorizedabove,tasSesSmentyear,aspecia1
assessnent-appllcable to that year only for the purpose of deiraylng, in r*role'or in part,the cost of any construction, reconstruction, re-pair or replacem-ent-of a capital impiove--oent-uPon the Conmon_Area, including fixtures ind personil property related thereto,provlded that any such assessment shall have the ass-ent of tvr;-thiras (2/3) of the votesof each class of Members vho are voting in person or by proxy at a meeting duly called forthis purpose.
sectlon 5. Noti"" qd Q"of* fo. Any A zed under sections 4 and 5.IrrittEi'i6EIEE- or oerSections 4 or 5 of this Article shalt be sent to all MemberJ no[ less than thirty (30)days nor Dore than sixty (60) days in advance of the meeting. At the first such meetingcalled, the-presence of Members or of proxies entltled to clst slxty (OOj tercent of allthe vores of each class of membership ihall constitute a quonm. ri ttre required quonrDis not Present, another meeting may 6e called subjecE to tie same notlce reqlirerent, andthe required quon,,'-at the subsequent meering srritl ue one-half (L/2) ot the requiied
-gyg|r{ at the_Preceding neetlng. No such subsequent meeting shall be held nore thin sixty(60) days following the preceding neetlng.
Section 7. Uniform Rate of Assessment. NoEnithstanding any provision to the con-trary-f-TiEGle @ annual ,no .p..i.l aisessnents nust be fixedat a uniform rate for a1l Lots.
Sectlon 8. D"ti-eg Comnencement of Annual Assessments: Due Dates. Itre initlal andall sEEsEq-ilEEE an n ilI a"tu orconv-eyance by Declarant of the firsi Lot, and shaI1 be nade due and payable in twelve (12)monthly instalrmenEs per annun on such dates as determlned by the soaia. If the initlalasseasment installnent is not due on January 1 of any year, ih.n the first annual assess-nent_shall be adjusted according to the number of monfhs iemalnlng 1n the calendar year.
{nl Gmer purchasing a Iot betweLn installnent due dates shall p./. p.o-.ata share of thelast lnstallnent due. Ihe Board of Directors shall fix the amount of the annual assess-nent agalnst each I,ot at least thlrty (30) days 1n advJce of each annu.l iisessment
Perlod. Iirltten notlce of the annual assessment shall be sent to every Owner subjectthereto. Ttre Assoclation -shall, u-pon demand, and for a reasonable charge, furnish acertlflcate elgned by an officer ol the AssociatLon Eettlng forth whether-the assessmentson a speclfled Lot have been pald. A properly executed ceitificate of the Assoclatlon asto the status of assessmencs on a Lot ls blnding upon the Assoclatlon as of the date ofits Lsauance.
Section 9. Ef> pf tlonpayx0ent of Assessments: Remedles of the Assoclation. Any
9f 9g""rurE Jr ." i" ;;;(10) days after ttre due date thereof shall bear inteiest from the due date at the rate of10% per annu[. Ihe Associatlon nay brlng an actlon at law agaLnst the Gmer personallyobligated to Pay the sane. In addltion to such action, or as an alternative thereto, tireAssoclatl-on nay flle wlth the Clerk and Recorder of Garflelo County, a Statenent of Lien,settlng forth the name of the Ormer, the 1egal description of the'iot, th" nane of theAssociation, and the aToqttt of dellnquent assessments then owing, whlch Statement shall beduly signed and acknoqrledged-by_the president or vice presidenE-of the Assoclation, andwttich shall be served uPon the ormer of the Lot by naii to the address of the Lot or atsuch other address as the Assoclatlon nay have ln lts records for the Orsner of the Lot.Ihirty days followlng the nal1lng of such notice, the Association may proceed to foreclosethe state&ent of Lien ln the salDe nanner as provlded for the forecioiure of mortgagesunder the statutes of the State of Colorado. - (Such Statemeqt shall be in favor o? ttreAssociatlon and shall be for the benefit of alI other Orrners.) In either a personal orf-oreclosure action, the Association shall be entltled to recover as part of itre actLon,the interest, costs and reasonable attorneyst fees wlth respect to the action. No Ormermay waive or othernLse €scaPe tlabillty for the assessnents provlded for herein by nonuseof the Comron Area or abandonment of his lot.
Sectlon 10. Subordinatlon of the Llen to Mortgages. ftre lien of the assessmentsproviEEo--T6EaErein-subordinate to t
Adrninlstration) ls Sp'l lerr whether such contract is owned by the Veterans Adninistrationor 1!s asslgns, and whether such contract is recorded or not. Sale or transfer of any Lotshall not affect the lien for said assessnent charges except that sale or transfer of anyIot pursuant to foreclosure of any such First Morigage or any such executory land salescontractr or any proceedlngs ln lleu of foreclosure, lncluding deed in lieu of fore-closure, or cancellation or foreclosure of any such &ecutory flano sales contract whereinthe Administrator of Veterans Affairs (Veterans Administratitn) is se1ler, whether suchcontr4-ct-is owned by the Veterans Admlnistratlon or its assigns, and wtrethir of record ornot, shall extingulsh the lien of such assessment charges as-to-payments which became duePrior to such sale or- transfer, or foreclosutre, or ariy proceeding in lleu thereof, orcancellatlon or forfelture of any such executory land iaies contrict; provided, hoiever,that any such assessment_ch-argei, including inierest, costs and reasonable atiorneyst'fees, which are extLnguished as provided helein, ,ay -be reallocated and assessed to atlIots as a.co}*91 exPense. No suih sa1e, transfer, ioreclosure, or any proceedlng in lieuthereof, including deed ln lieu of foreilosure, nor cancellatlon or forfeiture oi any suchexecutory land sales contract shall relleve any Lot from tiabllity for any assessnentsthereafter becoming due nor from the lien thereof.
Provloeo tor nerel-n snall be subordinate to the lien of any First Mortgage, lncluding anyexecutory land- sales contract wherein the Adminlstrator of Veterans efiairs (Veterlns -
Sectlon 1l-. FIerrpt, Propertry. Ttre Comon Area shall be exempt from the lien forassessments created herein.
ARTICLE V
ARCHITECIIJRAI CONTROL COMI'IIITEE
No bullding, fence, waIl or other structure sha1l be cormenced, erected or maintaineduPon the ^Properties, nor shall any exterior addltion to or change oi alteration thereln bemade until the plans and specificatlons showing the nature, ki-nd, shape, hei.ght, mate-rlals, and location of the same sha1l have beeri subroitted to, and'app.b*r.d ir,"rritlng asto harnony of external design and location in relatlon to surroundlng structures and lopo-graphy by the Board of Directors of the Association, or by an archlEectural counritteecomposed of three (3) or lDore representatlves appolnied by the Board. In the event saldBoard, oI JFt deslgnated. connittee, falls to "p'prorre or dis.pprove such design and 1o-cation within Bitty (s0) aays after sald plans'and specifications have been iubmitted toit, approval will not be required and thii Article r.itff Ue deemed to have been fullycomplled with.
ARTICLE VI
RESTRICTlONS
Section 1. Use-.. Ihe Property shaIl be used for residential purposes and for themaintEilitE-?id a?6:[nlstration'or the residentlal Lots and the common'areas appurrenantthereto.
Sectton 2, Garage Required. Wlthin twelve (12) months following the lssuance of abulloTnfi- pe:rm-{t ror tfie-conltFtlon of a resldence on any Lot, an aitached or detached
Sarage, of sufficlent size to house at least one car, shall be constructed on such Lot.
Section 3- Personal Buslness. No buslness activlties of any kind whatsoever shallbe coiEIcteE-fn any EuliliIEg-or E any portlon of the property. 'lhis restrlction shallnot be construed in such a nanner as to prohibit an Conef or occupant fron: (a) main-taining his personal or professional 1ibrary therein; (b) keeping his per.onrl business orprofessional records or accounts therein; (c) hanating his plrsonal business or profes-sional telephone calls or correspondence-therefron; oi (d) ionducting a home-occupationtherefron. Such uses are e-xpressty declared customarily lncldental to the prlnctpalre-sidential use and not in violation of this paragraph.
^_ --!":aion 3. Negligent 4ct-s. In the event that the need for any maintenance or repairEo Ene uolmnon Area is caused through the wilIful or negligent 8ct of an Gmer, his fanily,Sit!", or invileesr- or lessees, the cost of such rnaintenance or repalrs shaLi be added toand.become a Par.t of the next assessment to which such Orrner is sub5ect, and shall besubject to the lien privileges as provided herein.
Section 4. Anlmele1lets. No animals, livestock or poultry shalI be raised, bred orkept on-any-'Iot wtriEh-cre6tE a nuisance or annoyance for the *ners or occupants of anyother Iot. It is expressly intended in this regard that no feedlot or other si-nilarfacility sha1I be main, in-ed on any Lot-, nor shal-i any Lot be overgrazed by the keeping ofan excess number of anirnals thereon. Dogs shall be Lttended by tne Orrnei at all iinJsr*tren not tied- up or kept in a fenced enclosure on the Orrnerts Lot. pets constituting anuisance may be ordered by the Association to be kept on the pet Ormerrs lot or orderedexpelled from the subdlvision.
..S?ct{on 5. .Garb_age and Refuse Disposal. No part of the property nay be used ormalnEaireo as a dumPing ground for rubbish, trash, garbage or other r.raste and the sameshall be disposed of i" a=prompt and sanitafu ,rnn".] ,. il"y be esrabtished by the Assoc-iation. A11 contain:r: _oI other equipment for the -storage or disposal of glrbage andtrash by any Ormer shall be kept i.n a clean and sanita4g- conditlon and sha-Il be- keptenclosed uPon the Lot of such G^'ner, out of view fron otirer Lots and the Common Area ofthe project,excePt during days designated for pickup and disposal. Ihe burning of trashin outside inclnerators, barbeque pits or the iite is prohibited, it being intended thatall refuse, trash, garbage and the-Iike shall be hauled away.
Sectlon 6. Inoperable Veh1c1es. No inoperable vehicles or vehicles without acurreEl-eo-To-ra-do 1-IEensE-sE-alffie maintained upor, .ny Lot, except within an enclosuretotally concealing such vehicle from view fron iny other tot or irom the Common Area.
Section 7. Setback. No structure sha11 be built onr50 fEetT;on the-ioIEhErly boundary 1ine of said Lors asthe subdivision.
Section 8. Culverts. A11 driveways extending fron the common road serving the Lotsshal1--InETu-EE-a cilGiElf at least 15"'diameter in the drainage ditch adjacent to saidcornmon road and said culvert shall extend at least 3r on either side of the drivingsurface of such driveway. Driving surfaces sha11 be at least 15t in r,ridth and sha1lconsist of at least a 12r sub-base and 6il base course.
Section 9.guests of any or,'ner,
the Corrnon Area asstrat r-TIoratE- tfrei
time be adopted by the Association. Ihe Association
Rulqs and Regulations. No Oryner, nor the family or: rules and regulations for the use of his lot or of
and prormrlgate such rules and regulations as it may,desirable to regulate the use and activities upon-with the purposes of this Declaration.
Lots 5, 6, 7, 8 or 9 closer than
described on the flnal plat of
i.s express 1y em-
from tine to time,
the property in a
may from tlme Eo
powered to adopt
deem necessary or
tDanner consistent
ARTICLE VII
FIRST MORTGAGEES
-. --9""liol 1.. Mgmbgr and Firqt Mortgagee Approval. subject to Article vIrI, section 5,o-r-Enls DeclaratLon, but notwithstanding anything to the contrary set forth eI-sewhere inthis Declaration, the Association shal1 not:
(a) unless it has obtained the prior urritten consent of at least sixty-seven
Percent (67'6) of. each class of Members and slxty-seven percent (67.a) of the First vrort-
8a8ees of Lots (based upon one vote for each First Morigage Cx^,ned) change the method ofdetermining the obligations, assessments, dues or othei lharges which inay ue leviedagainst an Orsner.
(b) unless it has obtained rhe prior r"ritten consent of at least sixty-sevenPercent (674) of each class of Members and tifty-one percent (5i%) of the First I'lortgageesof lots (based upon one vore for each Firsr M;rG;;J-;;e)';;d'.;-;;;d';;),-marerial
provision of this Declaration, the Articles of Incorporatlon or Bylaws of the Association,*!'i:h.establlsh, provide for, govern or regulate any of the following, provided that suchaddirions or anendinents sha1l not be considered rnaterial if they r.J-for the purpose ofcorrecting technlcal errors or for clarification only:
(A) voting;
(B) assessments, assessments liens or subordination of such liens;
(C) reserves for maintenance, repair and replace$ent of those ele$ents ofEhe Corr,non Area r"trich Dust be naintained, repaired or replaced on a periodicbasis, including reserves for pay-nent oi charge-s r"trich-accrue under theDeclarantts Llater AllotDent Contract with the tiest Dlvide water funservancyDis trict ;
(D) rights to use of the Conuron Area;
(E) boundaries of any Lot;
(F) interests in the Comon Area;
(G) leasing of Lots;
(H) iraposition of any right of first refusal or sinilar restriction on theright of any C\rner to seII, transfer or otherwise convey hls Lot;
(I) any provisions which are for the express benefit of First }lortgagees,or insurors or guarantors of First Morttages.
Section 2. NoEicg qf .Al:tion. Upon wriEten request to the Association, identifyingthe naoe-anEaddresE of-rhe Fi?EEliortgagee or insuror or guarantor of the First Morigag!and the residence address -of the property which is subjeci to such First Mortgage, eacisuch First Fiortgagee of a Lot, or insuror or guarantor of such a First Mortgager-shall beentitled to timely written notice of:
(a) any delinquency in the palment of assessments or charges owed to theAssociation by the Ovrner of the Lot subJect to a First Mortgage he1d, lnsured or guaran-teed by such First Mortgagee, insuror or guar-antor, or any Eelault b!- such orvner 1n anyobligatlon under the Declaration, Articlei of fncorporation or Bylawi of the Associationand the Board of Directors of the Association.-has aitual knowledge of such default, wtrensuch delinquency and/or default remalns uncured for a period of s=ixty (60) days;
^ _. (b)_. any ProPosed action wtrich would require the consent of a specified percent-age of First Mortgagees as provided in this Articie VII.
Section 3. Audit. Ihe Association shall provide an audited financial state$ent forthe IffiEIEEEIy pTEE-Oing fiscal year, free of charge to the party so requesring, ro anyFirst M-ortgagee of a Lot-, or any lnsuior or gr:arant6r of such'a First Moitgager-within areasonable time after written request therefoi by any such party.
Sgction 4. Association Books and Records. Ihe Association shal1 rnke available toOmersr-Flrst lO or guarantors of any such First Mortgage,current_copies of this Declaration, and the Artlcles of lncorporation, Bylaws, ruleJ aniregulations, books, records and financlal statements of the -Associailon. 116r'111r51"rrshall mean aval1able-for lnspection, upon request,, during normal weekday business hours orunder otier reasonable circumstances.
.*iffi'fxoxIl1o,,
Section 1. Silt Water and Sever. Upon Silt munlcipal vrater service and/or rm:nicipalsewer-lEFItEbeffitheproPerties,theornersofa11Lotswithinthe
ProPerties shall attach. or 'tho-ok-uprr to such availatle municipal system. Such nuniclpalservice shall be deemed rravailablerr to the properties wtren a nain rrtrunk'r line is in-stalled in Garfield County Road No. 346 adjicent to rhe properties, and is capable ofserving all of the Lots wlthin the propertiLs. Each Grnei sia1l bear L/Lz of tire expenseof extending a colmon sewer service- line or vrater service line, as appiicable, from themrnlclpal system located in Garfield County Road No. 345 in oi arong'the Associationrsconmon road krror^ra as Giomi Lane adjacent to the [ots, and each Osmer shall bear the thencustoaary-tap fee for such servlce and the cost of extending the respective line from theservice line to be located in Gioml Lane to such Ownerrs tot. The covenant as set forthin this Section 1 sha11 be irrevocable and shall not be subject to revocation or amend-ment.
Section 2. Enforcement. Ihe Association orenforEer-5!:.n-y proceeahg-t law or in equity, allreservations, 1iens, and charges now or hereafter
Sectlon 8. FHA/VA Ar roval. As long as there is a
any Gmer shall have the right torestrictions, conditions, covenarts,
iiirposed by the provisions of this&.ner to enforce any covenant or
deened a waiver of the rlght to do so
Class B membership, the following
Housing Administration or the
DeclaraEion. Failure by the Association or by anyrestriction herein contained sha11, in no event, bethereafter.
Section 3. LJater Allotment Contract. On or before the Declarantsr conveyance of thefirst-ToE_Eithin@tsha11assigntothea'.".utl""',111ofhi,
right, title and interest in and to the Water AllotmenI Contract entered inio between theDeclarant and the l,r'est Divide llaler Consen'ancy District for the aliotment of 6 acre feetof the Districtrs \^-ater rights to the properties, subject to the provisions of saiCDistrictrs Operating Plan as approved ana ioministered-by rhe Colorido Division of !;aterResources. The Association sha11, upon such assignment, assume all obligations of theAppllcant under said contract.
Section 4. Sevqrabili[I. Invalidation of any of these covenants or restrictions byjuogmeiE;r-Eourt-oiEErJEETl in no way affect or ri-urit any other provisions which sha1Irenain in fu11 force and effect.
Section 5. Conflicts of Provisions. In case of conflict between this DeclarationandthE-ArticTes@ByIaws,thisDec1arationshal1contro1.
^ Section -6.-- Drratigq, Rel.rgcation, and Amendment. Each and every provision of thisl)ecJ'aratlon sha1l run with and bind the land for a Erm of t$enty (20) years from the dateof recording of this lreclaration, aftei: ktrich tine this Declaration shail be automaticallyo(tended for successive periods of ten (10) years each. Subject to the linitation ofSection 1 above, this Declaration Eay be anrended or revoked dirring the first rwenty (20)year period, and during subsequent extens_ions thereof, by an instrument approved inwritlng by at least seventy-fiv! percent (15"d of the !1em-bers of all ctasses and by atleast-seventy-five Percent (75%) of the First Mortgagees of Lots, who have glven theAssociation notice of their interest in any Lot. Such aaendment or revocation shalt beeffective *-he-n duly recordedl prcvided, however, that any amendment or revocation rrustcomply with the Statutes of Colorado and the reiolutions bf Garfield County, Co1orado, orof any successor governmental entity having jurisdiction cver the Properti6J fn existenceat the time such amendment becomes effective. the manner in r.trich .omnon expenses areassessed sha1l not be altered, except with the express written consent of a1l Members ofall classes and all First Mortgageei of Lots.
- --Norr+ithstanding anything to the contrary. contained in thls Declaration, lf Declarantsha11 determine that any arnendments to this beclaration or any amendments to the Art.iclesof Incorporation or Byliws of the Associati.on sha1l be necessary in order for exlsting orfuture noflgagesr deeds of trust or other security instrunents to be acceptable to theveterans Administration, the Federal Housing Administration of the U.S. Iiepartment ofHousing and Urban Development, the Federal National llortgage Association or the Federal
!o19 Loan Mortgage Corporation, or any successor to any sucl entity, then subject to thefollowing sentence of thi. Section, Declarant sha11 have and hereby-specificaily reservesthe right and power to make and execute any such anendments withoui obt"ini.,g the approvalof any Omers or First Mortgagees. Each such amendment of this Declaration or of -the
Articles of Inc-orporation or Bylaws shal1 be made, if at all, by Declarant prior to (a)
conveyance of the last Lot by Declarant to the first Owner ttrereof (other than Declarant)or (b) Jaluary 11 1990, whicirever shall be first to occur; and each such amendnent rmlstcontain thereon the \ffi-tten approval of the Veterans Aduinistration or the Federal HousingAdministration of the u.s. Deplrturent of Housing and urban Development.
,..Sectign 5. Begis-tration by Or,mer of l'lalling Address. Each Orr,ner shall register hismalrln8 address vith the Association, and e-xcEp-E-Eoi-monEhly statements and othir routinenotices, all other noEices or demands intended to be served upon an ovrner sha11 be sent byeither registered or certified mail, posrage prepaid, addresJed in the nane of the Grnerat such registered nalling address. eff notites, demands or oLher notices intended to beserved-upon the Board of Directors of the Association or the Association shall be sent bycertified nai1, postage prepaid, to P.0. Box 1322, Rifle, colorado, g1650, until suchaddress is changed by a notice of change of address nailea to each ovrner uy ttre Assoc-iation.
Section 7. Leases. No Lot or residence constructed thereon may be leased or rentedfor a-pEiioE of lEEi-Ean thirty (lo) oays. Any lease agreements between an ogner and alessee-shall provide that the terms of such lease shall b-e subject in a1l respecEs to theProvisions of this Declaration and the Articles of Incorporati-on and Bylaws o'f tt" Assoc-iation, and- that_ any failure by the lessee to comply wittr the terms and provlsions of suchdocrrDents shall be a default under the lease. AIi ieases shaIl be in writing.
ac t ion!- wi If-}e q uT?E- ttre prior approval of the Federal
s,
I
ARTICLES OF INCORPORITTION
or
J-MAR ESIAIES HOMEOWNERS ASSOCIATION
Then underslgned natu_ral person, being more than twenty-one years of age, and actingas-incorporator,,does hereby establish a non-profit corporailon under and b! ,i.tue of theColorado Non-Profit Corporatlon Act and adopti the following Articles of Inlorporation:
1}re name of the corporation is
cal1ed the rrAssociatlonil.
ARTICLE I
Nane
Ihe J-MAR Estates Ilomeowners AssocLation, hereafter
ARTICLE II
Principal Offlce
T" plil:lpal office of the Association is located at 6632 346 Road, Silt, Colorado,Colorado, 81652.
ARTICLE II]
Registered Agent
Gary R. Sheveland, whose address is P.O. Box 1322, Rlfle, Colorado, 81650 ls herebyaPPointed the initial registered agent of this Assoclriior,, and said address shall be theregistered address of this Association.
AMICLE IV
Purpose and Powers of the Association
lttis Association does not conterDplate pecuniary gain or profit to the Members there-of, and the specific purposes for wtrith lt is formeO ire to piovide for maintenance,preservation of the Lots and corunon Area within that. certain tract of proDerty describedas the J-l'lAR Estates Subdivtsion (hereinafter therrPropertyrr), County br barfiero, State
-of Colorado, to own and adnlnister certain water and Aitctr-rlghts, ,nd to pronote thehealth, safety and welfare of the residents wlthin the Properfo "nd for thlse purposes to:
(a) exercise a1l of Ehe powers and privileges and to perform all of the dutiesand obllgations of the Association as set forth in that certain Declaratlon ofCovenants, Conditions and Restrictions for the J-MAR Estates Subdivision, hereinaftercalled the rrDeclarationlt, appllcable to the property, or a portlon thereof, andrecorded or to be recorded in the Office of the'Cleili. and Rlcorder of Garfield County
-Colorado, and as the same may be anended from tlne to time as therein provided, saidDeclaratlon belng lncorporated herein as if set forth at length (terms'which aredefined in the Declaration shall have the same meaning hereln trnless othenvisedefined);
- (b) acqulre and hold title to water and water ri-ghts and ditch and ditch rightsLn and to the Rlsing sun Ditch having priority No. as adjudicated inClvll Action No. in rhe Distrlcr Court fi-6E-Ei-IE'rer Diiision No. 5,the source of said-ilEEi-?fghts beingsrlth the point of dlversion therefor-anlles above or southerly of the confluence of the colorado- itiver and
orrrverdron-arTc;j::t"it:;i,triil::li norEherlv from ili.3l"lio.;rmi:[HP5.use of said water and water rlghts for ii-rTgEtIon-p=[E!6Ees rrpon the property;
(c) fix, 1evy, collect and enforce payment by any lawfu1 rneans, all charges orassessments Pursuant to the terms of the Declaration; to pay all expenses in con-nection therewith and all office and other expenses inctdini to the conduct of thebusiness of the Association, including all lltenses, taxes or goverilnental chargeslevied or irposed against the property of the Associatlon;
(d) acguire (by gift, purchase or otherwise)r ownr hold, inprove, build upon,oPerate, maintain, convey, sell, lease, transfer, dedlcate foi puific u"e or otirerlwise dispose of real or personai propeity in connection w-ith the affairs of theAssociationr-Provided that no conveyince, sale, transfer or dedicatlon will beeffective r.rnless -approved by two-thirds (2/3) of each class of Menrbers, as here-inafter descrlbed, and by aIl First Mortgagees of Iots;
(e) borrow money, and with the assent of two-thirds (2/3) of each class ofMenbers and all Flrst M,ortgagees of Lots, mortgage, pledge, deed in trust or hypothe-cate any or all of lts real or personal prop"riy-ai iecuiiiy for money borrowed- ordebts incurred;
(f) dedlcate, 8e11 or transfer all or any part of the Conmon Area to any publicagency, authority- or-utlllty for such purposes and subject to such conditlons "i maybe agreed to by the Menbers, and grant easements for publlc utilltles and other
PurPoses consistent h,lth the intended use of the cormon area, provlded that no suchdedicatlon, sale or transfer shall be effective unless first approved by two-thirds{2/3) of each class of Members and by all Flrst Mortgagees of Lbts, and furtherprovlded that the grantlng of easements as providea trerein shall not be deemed atransfer wlthin the meaning of thls subsection (f);
(g) DartlclPate Ln mergers and consolidations nith other nonprofit corporationsorganized for Ehe same Pulposes or annex addj.tional resldentlal property and ComonArea, (and, whlle there is- a Class B nembership, if any mortgage efiecting any Lot iEguaranteed by the Federal Housing Adminlstratlon or Veterans Adnrinlstration, iuchpartlclpatlon shall be subject to the prlor written approval of such guaranior),provided that any merger or consolidation shall have tire assent of rs5-thirds (i/3)of each class of Membersg
(h) manage, control, operate, nalntatn, repair and improve the Comon Area;
(1) enforce covenants, restrictLons and conditions affecting any propertry tothe extent this corporation may be authorized under the Declaratlon.
(j) engage in actlvlties which vlII actively foster, promote and advance thecormon omership interests of Os-ners of Lots;
(k) enter into, make, perform or enforce contracts of every kind and des-cription, and to do all other acts necessary, appropriate or advisable in carryingout any purPose of this Association, wlth or ln association wlth any person, firm,association, corporation or other entlty or agerrcy, pubric or privatei
!1) adopt, alter and anend or repeal such Bylaws as may be necessary or desir-able for- the proper managenent of the affairs of this Associition, providld, however,that such Bylaws Day not be inconsistent w-ith or contrary to any provislons of theseArtlcles of Incorporation or the Declaration; and
(m) have and exercise any and arl powers, righEs, and prlvileges which acorPoratlon organized under the Colorado Nonprofit Corporation Act by law may now orhereafter trave or exerclse.
ARIICLE V
Membership
Every person or entity wtro is a record owner of a fee or undivided fee interest inany Lot which is no1 oI hereafter subiect to the Declaration, lncluding contract sellers,shall be a member of the Association. The foregoing is not intended to include persons orentities who hold an lnterest merely as security foi the perfornance of an obllg.tto.r.Membership shalr be appurtenant to and rnay not 6e s.p.r.tld fron ownership of aiy Lotwtrich is subject to assessment by the Association. '
A transfer of membership, including all rights of an Orrner wlth respect to the ComrnonArea, shall oceur automatically upon the transfer of title to the Lot to which the rrember-ship,pertains. Ttre Associatlon may suspend the voting rights of a Member for failure toc9mPly with rules and regulations of thL Bylaws of thi Asfociation or with any otherobllgations of the Ortners of a lot under the Declaration. AIl Members shall 6e entitledto vote on all matters, except any l'lembers who are ln default ln any obligatlons to theAssociatlon.
Cr:mrlative voting is prohibited.
ARTICLE VIVotilg Rtghts
tre Association shall have two classes of voting urembership:
Class A. Class A Members shall be all Onners, wiEh the exception of the Declarant,and sEiliI-EE entitled to one vote for each Lot oorr,"d. when nore ih"n one person holds ininterest in any Lotr all such persons shall be Members. The vote of such Lot shall beexercised as they determine, but ln no event shall more than one vote be cast with respectto any such lot.
Class B. The Class B Menber shall be the Declarant (as defined in the Declaration),and sEEITTE entitled to three (3) votes for each Lot owned. Leasing, renting or allowlngentry f_or occuPancy shall terminate the Declarantrs weighted voting idvantage-in reLationto any Lot so leased, rented or occupied, and will linii Declarant in relatlon to anv suchLots to rhe same voting righrs as a trai6 A Me;il;.--ru c1;;;-B";di;";;hi;-;ilrii;;a;-""
and be converted to C1ass A menbershlp on the trappening of elther of the following events,whlchever occura earlier:
(a) when the total votes outstandlng in the Class A uembership equals the totalvotes outstandlng ln the Class B menbershlpl or
(b) Ehree years following conveyance of the first Lot wlthln the property bythe Declarant as named in the Declaratlon.
ARIISI^E VII
Allocation of lrrigation Water
Ihe Board of Directors of the Association may, fron titre to tine, determine the mostefflcient and benefLcial manner of use of the watli ano water rights of the corporationlncluding, by way of illustration and not limitation, the-use of all of the Associatlonrsirrlgatlon.Ialer by each of the members on a rotatlonal basis for a specified perlod oftim-e; provided, however, any systeo for allocation of the Associationrs r^'ater and waterriehts as adoPted- by the Board of Directors shall assure each menber his proportionateshare of use of the AssociaEionrs ilater based upon hi.s membership interest iir the Asso-clation, as near as Practically possible. -{rf iy"te, of water ailocatlon adopted by theI9:I9 ,qy be rejected or nodified by the affi-rmailve vore of not less than two-thirds\tlJ) ot Ene neobers of the Assoclation.
the ldater and water rights and ditch and ditch rights represented by a membership inthe Association shaIl remain -appurtenant to the Lot to which lhe. nenbersirip pertains anano interest ln such water and-ditch rights may be transferred, "'old, .onr"yuil or used in
::nl::.,l:: litl :ly other real prope.r!- or !g-,r any orher purpose exiept foi the irrigarion
?1.:1"-!o!,so_desi8nated,. excePt upon the affirnative of it ieast sevlnty-five percenE( /5%, ot all neebers of the Association.
Ihe affairs of this Association shall be managed by a Board of not less than one (1)director, and not nore than three (3) directors, wio stratt be members of the Assoclation.Ihe number of Directorg slral-I be designated in ihe By-Laws of the Association and may bechanged by amendment of the Bylaws fr6n time to tine. Ihe initial Board of Directors ofthe corporatlon shaIl consist of one (1) director who vrill serve until the first annualmeetlng of members or until his successor is duly elected and qualified and the name andaddress of said initlal director ls Gary R. shevlland, p.o. Boi t322, Ri.fle, Colorado,81650.
ARTICLE IX
Officers
The Board of Dlrectors may appoint a President, one or more Vlce-Presidents, aSecretary, a Treasurer and sucir oiirer officers as the Board, in accordance with theprovisions-of-the Bylaws, belleves will be in the best inteiests of the corporation. Iheofficers shall have such duties -as pay be prescribed in the Bylaws of the clrporatlon andshall serve at the pleasure of the Board of Directors.
AR.TICLE X
Dissolution
Itre Association nay be dissolved with the assent given ln writing and signed by notless than two-thirds (2/3) ot each class of Members. [pon dissolution of the Associationother than incident to a merger or consolidation, the alsets of the Assoclation shall be
_d:91-",::9 tg * :ppTopriare fublic agency to be used for purposes similar ro those forwnlcn tnls Assoclation \ias created. In the event that suth bedicatlon is refused accep-tance, such assets sha11. be granted, conveyed and assigned to any nonprofit corporation,association, trust or other organizition to be devoted to such s-imllai p,r.po".".
AR.TICLE VIII
Board of Dlrectors
AMICLE rI
Duration
Ttre corporation shal1 exist perpetually.
ARIICLE XII
Amendments
these Articles sha1l require the assent of three-fourths (3/4) of eachprovided, however, that no amendment to these Artlcles of rncorporatronto or inconsistent wlth any provision of the Declaration.
Anendment ofclass of Members,
shal1 be contrary
,ffi:%x::t",
long as there ls a Class B membershlp and as long as any nortgage affectlng any
l:1, 1-.-,P"tanteed b{_F" Federal Houslng Adninistratton 6r Veteians Aiminlstratfonl tnitorrowing actions wlll requlre the prior approval of such guaranteeing agency or agencles:annexation of addltlonal properties, mergeil and consolldailons, *.tEriing lrt co*onArea, dedication of conmon Area, dlisoluElon and amendment of these Aili;Gr:
,ff"ffH,Il
. Ihe-lncorporator of this corporation is Dan Kerst and hls address 1s g17 ColoradoAve., Sulte 201, Glenwood Springs, Colorado, 1g60I
IN I{IINESS III]REOF, the undersigned lncorporator has subscribed his name to the
*:t::::.:t rncorporatio:-_:f Th" J-t'lAR Estates Homeowners Assoctatlon, a corporatton notfor proflt, on this _ day of _--, 19g3.
Dan Kerst - Incorporator
SIAE OF COLORADO )
)ss
COI]NIY OF GARFIELD )
I, Robln S. Clemons, a notary public, hereby certify that Dan Kerst, known to me tobe the Person r*lose name is subscrtLed ln the foiegoing irticles of Incoiporation,
3g9earg0 before me.thts _ drl of , A.D. 1983, i; person andbeingbymef1rstdu1ysworn,acknow1@ihesignedsuchArtic1esof
Incorporatlon as his. free and voluntary act and deed, for the uses and purposes thereinset forth, and that the statements therein contained are true.
WITNESS my hand and official sea1.
lly comission expires:
NoEary Public
I
I
;
I
Ihe name of the corporation ls J-MAR ESTAIES HOI'{EOWNERS ASSOCIAIION hereinafterreferred to as the ItAssociationrr. Ihe principal office of the corporatlon shall belocated at 6632 346 Road, Silt, Colorado, 81652, but meetings of mlnbers and directors maybe held at such places withln the State of C.olorado as nay be designated by the Board ofDirectors.
ARTISLE II
DEFINITIONS
Section 1. ttAssociationl shal1 mean and refer to the J-I{AR Estates Homeowners Assoc-iatio[-E-E6T5rado nonprofit corporation, its successors and assigns.
Section 2. rrGirrlerrr shal1 mean and refer to the record or^rner, whether one or norepersoi-f ofGiEities' of fee sinple title to any Lot which is . p.it of the properties,
including contract se1lers, but excluding those having such intLrest merely as- securifofor the perforoance of an obligation.
Section 3. ItPropertiesrr shal1 mean and refer to that certain real property describedon thd-EGalf-Plat of Lhe J-[.{AR Esrates subdivision as recorded in the cairiiro Lount,Colorador-records, and such additions thereto as tn;ry hereafter be brought within the'jurisdiction of the Associatlon.
Section 4. rtComon Areatt shall mean all property (including the irprovements there-to) offiEEly t-ttre AssocLation for the conrnon rrsL rno en5oy-ent of the ormers. The cormonArea to-be oln99 by the Associatlon at the tine of the-conveyance of the first Lot of theProPerties shall be the common access road described as Giomi Lane on the final plat ofthe J-MAR Estates Subdivislon as recorded in the the Garfield County records and otherfacilttles hereafter conveyed to the Association by the Declarant.
Section 5. lrl,otrr shall- mean and refer to any plot of land shown upon any recordedsubdiiliT6nlna-p of the Properties, wlth the exception of the Comnon Area, buE. togetherwith all aPpurtenances and lmprovements now or hireafter located on such Lot.
Section 5- ItDeclarantrt sha11 mean and refer to Gary R. Sheveland, his successors andassigEEl--
Sectlon 7. trMemberrt sha1l mean and refer to every person or entlty v*ro holds member-ship Tn-tEE-TEsociarlon.
Section 8. 'tFirst Mortgagerr shall mean and refer to any unpaid and outstandingnortgEgEl-?EEd of trust or othEr security instrwnent recorded in the records of the officeof the Clerk and Recorder_of the County of Garfield, Colorado, having priority of recordover all other recorded liens except those governmental liens-made supbrior bv statute(such as general ad valorem tax liens and sfeclal m."."r"ni"l.-;rii'"t-u.itg'age', shapalso mean and refer to any executory land sales contract wtrerein the Adminislrator ofVeterans Affalrs, an Officer of the-United States of Anerica, is the original seller,whether such contract 16 recorded or not, and whether such contract is oined by the iaidAdnlnlstrator or has been assigned by th6 sald Adninlstrator and ls oirned by tire Adminis-tratorrs asslgnee, or a remote assignee, and the land records in the office of the Clerkand Recorder of the C_oun_ty of Garfiald, Colorado, shoe the said Adninistrator as havingthe record title to the Iot.
Section 9. ttFirst Mortgageert shall mean and refer to any person naned as a norEgageeor ben-EffEiafi under-any Firlt-Mortgage (tnciuoirg ir,.-earini!riator of Vererans Affairs,an Officer of the Unlted States of America, and his assigns under any executory land salescontract whereln the sald Administrator is identlfied as the selIer, whether such contractis recorded or not and the land records in the Office of the Clerk and Recorder of the
9,o"njy.of Garfie1d, Colorado, show the said Administrator as havlng the record title toEne [oEr, or any auccessor to the interest of any such person undei such First ]lortgage.
BYLAWS
OF
J-MAR ESTATES HOMEOWNERS ASSOCIAAION
ARTICLE I
NAME AND LOCATION
AXIICLE III
MEEIINGS OF MEMBERS
Section 1. A"nggl-x.q!18. Ihe first annual meeting of the Members shall be heldon or-5ET6fl-he sEconO-flresEafof December, 1984, at 7:00 P.M., and each subsequentregular annual meeting of the Members sha1l ue heid on the same day of the same month ofeach year thereafter, at the hour of 7:00 P.M. If the day for the annual meeting of the
Y:+?:::_i^._:,1:g:1 holiday rhe meeting will be held ar thl same hour on the firsi dayrorrowlng wtllch is not a legal holiday.
ISS+9!=2. -lpeclal MeetinSg. Special neetings of the Members may be called ar anytlDe by the President oi by the Board of Directors, or upon written request of the Menberswho are entitled to vote one-fourth 0/a) of all oi the votes of the Ciass A mernbership.
Sectlon 3. Nollsg jl_Irueg1.tgs. Written notlce of each neeting of the Fembers sha1lbe gi;d-6il;r aFTEe ?TiEEtTo-i-6E, the secreEary or person aurhorized to carl theneetingr by malllng a copy o-f such notice, postage prepaid, at lea6t fifteen (15) daysbefore such meeting to eich Member entitled-to vote-thlreat, addressed to the Memberrsaddress last-apPearing on the books of the Associatlon, or iupplied by such Menber to theAssociatlon for the purposes of notice. Such notice sfraff spllify th'e p1ace, day and hourof the neetin8r and in case of a speclal neetlng, the purposl of Ltre oelti.rg. l]rittennotice sball be glven in accordance wlth the oeciaratiirn 6t any Deeting at itrlch anlncrease ln the max|mun annual assessment above the increase plrnitted by Section 4(a) ofArticle IV of the Declaration or at wtrlch neeting any special assessment is proposed to benade.
. Segtion t, -Qlorun. Ihe pre-sence_at the meetlng of the Members entitled to cast, orot proxles entitled to cast one-third (l/3) of the votes of each class of menbershlp ihallconstitute 9 quonID for any action, except as othervise provlded ln the Artlcles of Incor-Poration, the Declaratlon or these Bylawi. If, however, such quonm shall not be presentor-rePresented at any neetlng, the Members entitled to vote thereat shall have power toadjourn the meeting from time to time, wlthout notice other than announcerDent at theneetLng, until a quorun as aforesald sharl be present or represented.
Section 5. Proxies. At all meetings of Menbers, each l\trember may vote in person orby prony.-,[rr pr6Ees s-hal1 be in writiig and filed ,itn tne secreta-ry. Every proxysha1l be revocable and shall automatically cease upon conveyance by thl Merober-of hls Iot.
Section 5. tlo*AeSes. AIl First Mortgagees of Lots shalI have the right to desig-nate .E!?EEEntaEliE-T6-?ttend all meetingl 5r tt. Members of rhe Assoclation.
ARIICLE IV
BOARD OF DIRNCTORS - SELECTION - IERM OF OFFICE
Sectlon 1. IfuqLel. Itre affairs of this Association shal1 be nanaged by a board of aninimun--6T-6iE (tJ-EFrector, but not more than three (3) directors, who shall be Membersof the Association.
Section 2. Ierm of Offlce. At the flrst annual neeting, the Menbers shall elect onedirecE5iToE? term-o-f-nEJEE, one director Jor a term or Iwo years, and one direcrorfor a term of three years, and at each annual meeting thereafter the Members shall- electthe same nunber of dlrectors whose terms are expirin! at the tlne of each election, forterms of three years.
Section 3. Remova!. Any director may be removed from the Board, lrith or withoutcauselTfE-iiEjorT$GTe of the Members oi the Association, In the event of death,resignation or removal of a director, his successors shall be selected by the remainlngmembers of the Board and shall serve for the unexplred terrn of hls predelessor.
Section 4. CorffnEelion. No director sha11 receive compensation for any service hemay r&tEFT6-the-IEEEIEEI6i. However, any director may be relmbursed for his acrualexpenses lncurred in the performance of hls duties.
Section.5. .Action Taken Without a Meetlng. Ihe directors shall have the right totakeanyacLionichtheycou1dtakeataDeetingbyob-
talning the written approval of all of the directors. Any action so approved"shall havethe sane effect as though taken at a nreeting of the directors.
r'roulnauox elroHi&?ol or DrREcroRs
Sect1ont.Nomination.,o*,n,.,onffirdofDirectorssha11be
made T?o6-66:r-9 mE66EiE-EFrhe annual meetlng of nembers.
Section 2. Election. Election to the Board of Directors shall be by secret writtenbaltoEI-TEG[ch EIEEEIffi the Menbers or their proxies may cast, in respect to eachvacancyr as many votes as they are entitled to exercise under the provilions of theDeclaration. Itre persons receiving the largest number of votes shal1 be elected. Cumula-tive voting ls not permitted.
ARIICI^E I/'I
MEETINGS OF DIR.ECTORS
h"Id iff++s+',i##+eI#::+#'.,.*f;1i::".ffi:ril3-?":nfi"i.;lor?1"?'f;*"li,3ntlr.?fi" o,
:
I
,I
resolution of the Board. Should said meetlng fall upon a 1ega1 hollday, then that meetingsharl be held at the same tlme on the next day wtrich- is not i legat troiioay.
- - - S-ection-?.- -Special Meetings. Special meetlngs of the Board of Directors shall benerd when carled_by the President of the Association, or by any two directors, after notless.than three (3) dayst notlce to each director.
- _ -*9-9L1. .Quor=rn,. A majority of the number of directors shall constitute a quonmtor the transaction of busin-ess.- Every act or decision done or made by a majority of ttedirectors -Present at a duly held meeting at r^fiich a guonm is present -"nrrf 6" regarded asthe act of the board.
ARTICLE VII
POWNRS AND DUIIES OF II{E BOARD OF DIR.ECTORS
Section 1. Powers. The Board of Directors shall have power to:
-(a)_ adopt and publish rules and regulatlons governing the use of the CommonArea and facllities thereon and the conduct oi the MenbErs and Iheir guests thereon, andto establish penalties for the infractlon thereof;
- (9)- suspend the voting rights of a Member during any period in wtrich suchMember sha1l be in default in the payrDent of any .ur"".r.ni fevfio by the Associatlon.Such rigttts nay also be suspended after notlce lnd hearing, for a p.iioo not to exceedsixty (50) days, for lnfraclion of published rules "no ieih.tionsl
(c) exerclse for the Association all powers, duties and authority vested in ordelegated to this Association and not reserved to the membership by other piovisions ofthese Bylaws, the Articles of Incorporation or the Declaration;
(d) declare the office of a mernber of the Board of Directors to be vacant inthe event such member shall be absent from three (3) consecutlve regular meetings of theBoard of Directors; and
In addition to any requlrenents set forth ln the Declaration and notwlthstandinganything to the contrary set forth herein, the Board of Directors shall not, unless it hasobtalned the prlor written consent of at ieast Ewo-thirds (2/3) of all clasies of Membersand 100% of all Flrst Mortgagees of Lots (based upon one vote for each first mortgageowned), (1) by act or omission, seek to abandon, partition, subdivlde, encunber, setl ortransfer any commoD ProPerfy owned, directly or-lndirectfy, Uy the Asiociatlon for thebeneflt of the Owners-(-excluding the granttng of easeoent;'fo; public utitlties or otherpurposes consisEent with the lntended use of such conmon property) , or (2) change thenethod of determining the obllgations, assessments, dues 'or 6tnei- iharges which nay belevled against an Orrner.
section 2. Duties. rt shall be the duty of the Board of Directors to:
(a) cause to be kept a complete record of all lts acts and corporate affairsand to Present a statement thereof to the Members at the annual neeting oi the lrlenbers. orany special- neetlng when such statement is requested in writing by one:fourth (1/4) of'theClass A Members who are entitled to vote;
- (!) supervise all officers, age[ts and ernployees of this Association, and seethat their duties are properly performed,
(c) as more ful1y provlded in the Declaration, to:
(f) fix the anount of the annual assessment agalnst each Lot at leastthtrEy (:01 6.r" ln advance of each annual assessment period;
(2) ;?fiil.;i,:B ffii ;ffy::.:l,ol3.ojll *':: ;:ffi"ff.::.il; li.,li'oagainst the Ormer personally obligated to pay the same;
(d) issue, or c-aus_e an appropriate officer to issue, upon deurand by any person,a certificaEe setting forth whether- tr not any assessment has 6eeir pald. A r6asona6lecharge YI be made by rhe Board for the issuance of these certificates. If a certiflcatestates that an assessment has been paid, such certlficate sha1l be conclusive evldence ofsuch payment;
(.1 procure and maintaln insurance ln such anounts and ln such tlpes as theBoard deems desirable, which lnsurance may lnclude (1) Ilabillty insurancer- and (2)fldellty insurance wlth respect to offlcers, dlrectors and enployees of tUe Associatlon;
(f) cause the Conmon Area to be maintalned; and
(g) notlfy in writing the First Mortgagee of any LoE, upon request, r,rtren theOwner thereof is ln default in the payment of any .s"e"srent, oi oinerwtie in default ofany obligation under the Declaration, Articles of Incorporation or these Bylaws and theBoard has actual knowledge of such default, and said deiault has not been cured wlthinslxry (50) days after th6 Board has actual knowledge thereof, provlded that said rnortgageehas prevlously glven notice in wrlting to the Associatlon of tte existence of such noitlga8e.
orr-rcE#ffit"Hfi DUrrEs
Sectlonl.Enumerationo,omth1sAssociattonsha11bea
presid,EfrE-ai?-vic@ta11ti.mesbeMembersoft}reBoardofDirectors,
a secretary and a treasurer, and such other officers as the Board rnay fron tlme to tine byresolutlon create.
Sectlon 2. Election of Officers. The election of officers sha1l take place at thef1rst-mEEE1n[-offfisfo11owingsuchannua1meetingoftheMembers.
Sectlon 3. Term. Ihe officers of this Association shall be elected annually by theBoard-EiE-EEEE' shETfhold offlce for one (1) year unress the offlcer sharl sooner resign,or shall be removed, or shall otherwise be disqualified to serve.
__ _Sectlon- 4. Special Appointments. I[re Board may elect such other officers as theattarrs ot the Associatton may require, each of whom shatl hold office for such period,have such authoritsy, and perform such duties as Ehe Board may, from time to tinel detei-mine.
Section 5. R""1g=!lon_=.q lg*oral. Any offlcer may be removed from office riith orwitho[E_EEEE-by@nayiesignatanytimeglvingwrittennoticeto
the Board, the president, or the secretary. Such resignaiion shall take effect on thedate of rec_elPt of such notice or at any later time speclflect therein, and unless other-wlse sPecified thereln, the acceptance of such resignitlon shall not be necessary to makeit effectlve.
Section 6. Vacancies. A vacancy ln any offlce uray be fllIed by appointnent by theBoardl--EEEficE-EppoGted to such vacancy shaI1 serve for the renralnder of the term ofthe offlce replaced.
lq-ltlDte officgp. rtre offices of secretary and treasurer uury be held by
- No_ person sha1l slnultaneously hold more than one of any of the otherin the case of speclal offlcers created pursuant to Section 4 of this
Dutles. the duties of the officers are as follows:
(a) President. Ihe president shal1 preside at all meetlngs of the Board ofDlrectors; shaIEEE-EEt orderi and resolutioni of the Board are cairied out; shall slgnall leases, mortgages, deeds and other written instruments; and shaI1 co-slgn all checkiand promissory notes.
(b) Vice-President. Ihe vice-presidentpresidentinthE-e-rreTT-o-FTEEpresidentts'absence,
exercise and discharge such other dutles as may beBoard.
(c) lecre-!g51t tte secretary shall record the votes and keep the minutes ofall-neetings.anElEEE&'lngs of the Boaid and of the Menbers; shal1 keep the corporareseal of the Association and affix it on all papers requiring said seal; shall serve noticeof neetlngs of the Board and of the Membersl sirall keep appioprlate cuirent recordsshowtng the Members of the Associ-ation together wittr tirefi'addresses; and sha1l perforusuch other duties as required by the Board.
(d) Treasurer. Ihe treasurer shaII recelve and depostt in appropriate bankaccounta all moE-i6E-6-fl-he Assocl-ation and shal1 dlsburse sucir funds as atrlctea Uyresolutlon of the Board of Directorsl sha11 sign all checks and promissory notes oi theAssociatlon; shal1 keep proper books of accouni; shall cause an annual audlt of theAssoclation books to be made.by a-publlc accountant at the completion of each fiscal year;and shal1 PrePare an annual builget'and a staterpnt of l-ncome "i,o "xpenAitu;;; ;;-b;
Sectlon 7.
the sdElEIEo-n.offices, except
Artic le.
Section 8.
shall act in the place and stead of theinablllty or refusal to act, and sha1lrequlred of the vice-president by the
tte books, records and papers of the Association shall at all times, during reason-able business hours, be subject to lnspection by any l*lenrber or any First Mortgagee of anyLot. Ihe Declaration, the Artlc1es of Incorporition anO the Bylaws of the Asloclationshall be available for inspection by any Menber at Ehe principil office of the Assoc-iation, where copies nay be purchased at reasonable cost.
presented to the membershlp at
the I'bmbers.
lts reguLar annual rneeting, and dellver a copy of each to
ARIICLE IX
COMI'IIlfEES
Itre Board of Dlrectors may appolnt comrittees as deemed appropriate in carrying outits purpose.
ARTICLE X
BOOKS AND RECORDS
ARTICLE XI
ASSESSMEI{IS
ARTICLE XII
CORPORATE SEAL
The Association shal1 have a seal in circular form and wlthin its cLrcumference thewords: J-MAR ESIATES HOMEOWNERS ASSOCIATION.
ARIICLE XIII
A,I.{ENDMEMTS
_ As nore fu1ly provided in the Declaration, each Member is obllgated to pay to EheAssociation annual and special assessments which are secured by a c6ntinuing- Iien upon theprope-rty against u,ttich the assessment ls made. Any assessments which are .rot paid whendue shall be delinquent. If the assessment is not paid within ten (t0) days atter the duedate, said assessment shall bear i-nterest at the rate of ten percent (10q")- per annun fronthe due date. Ihe Association nay bring an action at 1aw or in equity agaiirst the Ownerpersonally obllgated !o Pry the assessment or foreclose the lien igainst-the property. Ineither a personal or foreclosure actlon, the Assoclation shall be entltled to recover aspart of the actlon, lnterest, costs and reasonable attorneysr fees. No Gmer may waive orotherwise- escaPe tiablllty for the assessments provided for herein by nonuse of the CommonArea or abandonment of hls Lot.
Section 1. Ihese By1aws may be amended, at a regular or special meeting of theMenbersl bf-a vote of a majority-of a quorum'of Membeis present in person or by proxy,provided that if any mortgage affecting any Lot guaranteld by the Floeral HousingAdministration or Veterans Admlnistration luch guaranteeing agency or agencies shall havethe right to veto amendnents while there ls a Class n menUdrstlp.-
Section 2. In the case of any conflict between the Articles of Incorporation andthese-5lTaGlthe Articles shall control; in the case of any conflict between the Decla-
_ration an-d these Bylaws, the Declaration shall control; and in the case of any conflictbetween the Articres and Declaration, the Declaration ihal1 control.
ARTICLE XIV
INDEMNIFICAIION OF DIRECTORS AND OFFICERS
Ihe Association shall indemnify every director and officer, and his or her heirs,executors and adninistrators, against all 1oss, costs and expenie, including counsel iees,reasonably incurred ln connection with any action, suit or pioceeding to which such personmay-be mrde a Party by reason of belng or having been a director or officer of the Aisoc-iatlon, excePt for matters ln wtrlch such person shall be finally adjudged ln such actlon,suit or pr_oceeding to.be liable for gross negligence or wlllfu1 mlsionEuct, provlded,however, that such indemnlty shall be linitei t6 ttre amount of coverage p.6.ria"a to lheAssociation by^any P!licy of officers and directors liablltty insuranle. In the event ofa settlenent, indennlfication shall be provided only ln connLctlon wlth such rnatter6covered by the settlelDent as to whlch the Assoclation is advised by cognsel that the
Person to be indemnifled has not been guilty of gross negligence or willfu1 misconduct inthe performance of hls dury as such diiectoi or officer In ielation to the natter in-volved- _Ihe foregolng rights shall not be exclusive of other rights to whtch such dlrec-tor or_officer nay be entitled. A11 1lablllEy, loss, damage, .oIts and expense incurredor suffered by the Association by reason or arislng out of-or ln connectio., *ith theforegoing lndelnlflcaflon provislons sha1l be trealed and handled by the Assoclation as
c_otrm9n exPenses. Nothing contained ln thls Article shall, however, be deemed to obligaEethe Associatlon to lndernify any llember or Gsner who ls oi has been a dlrector or officerof the Association wtth reslect'to any autrei oi ouir[itions issrrneo-oi-iriuiiiiieslncurred as a Member or orsn-er under oi by virtue of tEe Declaration.
,
CONSENT TO VACI\TION OF PLT\T
Gary R. Sheveland, ds the contract purchaser of certain real
property located in Garfield County, Colorado, and more particularly
described in Exhibit rrA, attached hereto and incorporated by this
reference and pursuant to the Subdivision Improvements Agreement
dated , 1983, betvreen himself and the Board of
County Commissioners of Garfield County, CoIorado, which Agreement
provi.des inter al-ia that if a letter of credit issued by a national
banking institution for the construction of subdivision improvements
in a form acceptable to Garfield County has not been delivered on or
before , 1983, the subdivision plat of J-ltar Estates
shall be vacated in its entirety. By this instrument delivered to the
County of Garfield by the aforesaid Gary R. Sheveland, the consent of
Gary R. Sheveland, is hereby given to the filing of such instruments of
vacation that the County may deem proper or advj-sable,
Gary R. Sheveland
STATE OF
COUNTY OF'
COLORADO )
)ss
GARFIELD )
Subscribed and shrorn to before me this
1983, by Gary R. Sheveland.
Witness my hand and official seal.
I,ly commission expires :
day of
Notary Public
Address
GarY
property
described
reference
dated
CONSENT TO VAC/ITfON OF PLAT
R. Sheveland, as the contract purchaser of certain real
located in Garfield County, Colorado, and more particularly
in Exhlbit 'rA, attached hereto and incorporated by this
and pursuant to the Subdivision Improvements Agreement
, 1983, between himself and the Board of
County Commissioners of
provides inter alia that
banking institution for
in a form acceptable to
bef ore
-,
Garfield County, CoIorado, which Agreement
if a letter of credit issued by a national
the construction of subdivision improvements
Garfield County has not been delj-vered on or
I9e3, the subdivision plat of J-!{ar Estates
shall be vacated in its entirety. By this instrument delivered to the
County of Garfield by the aforesaid Gary R. Sheveland, the consent of
Gary R. Sheveland, is hereby given to the filing of such instruments of
vacation that the County ,i.y deem proper or advisable.
Gary R. Sheveland
STATE OF
COUNTY OF
COLORADO )
)ss
GARFIELD )
Subscribed and sworn to before me this
1983, by Gary R. Sheveland.
Witness my hand and official seal.
I"ly commissi.on expires :
day of
Notary Public
Address