HomeMy WebLinkAbout1.02 Supplementals and Amendments476328 B-936 P-350 04/06/95 10: 49A PG 1 OF 94 HEC D:X: NOT
MILDHFJ) ALSOOHF GAHFIELD COl!NTY CLEHK AND HECOHDEH HO. 00
MASTER DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ASPEN GLEN
20037_7 -3/30/95 1
476328 B-936 P-351 04/06/95 10:49A PG 2 OF 94
ARTICLE 1
ARTICLE 2
MASTER DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ASPEN GLEN
Table of Contents Page
GENERAL ........................................... 1
1.1 Community Area . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1. 2 Purposes of Declaration . . . . . . . . . . . . . . . . . . . . . . 1
1.3 Declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.4 Roaring Fork River . . . . . . . . . . . . . . . . . . . . . . . . . 1
DEFINITIONS
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28
2.29
2.30
2.31
......................................... 2
Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Administrative Functions . . . . . . . . . . . . . . . . . . . . . . 2
Annexable Property . . . . . . . . . . . . . . . . . . . . . . . . . 2
Articles of Incorporation . . . . . . . . . . . . . . . . . . . . . . 2
Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Association Properties . . . . . . . . . . . . . . . . . . . . . . . 2
Board of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Building Envelope . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Bylaws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Common Assessment . . . . . . . . . . . . . . . . . . . . . . . . 3
Community Area . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Country Club Property . . . . . . . . . . . . . . . . . . . . . . . 3
County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Declarant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Deed of Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Design Review Committee . . . . . . . . . . . . . . . . . . . . . 4
Featured Builder . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Golf Course Easement . . . . . . . . . . . . . . . . . . . . . . . 4
Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Improvement to Property . . . . . . . . . . . . . . . . . . . . . . 4
License Agreement . . . . . . . . . . . . . . . . . . . . . . . . . 4
Leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Lot ................................... 4
Maintenance Funds . . . . . . . . . . . . . . . . . . . . . . . . . 4
Member ................................ 5
Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Mortgagee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
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2.32 Mortgagor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.33 Notice and Hearing . . . . . . . . . . . . . . . . . . . . . . . . . 5
2. 34 Notice of Completion . . . . . . . . . . . . . . . . . . . . . . . . 5
2.35 Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.36 Permitted Exceptions . . . . . . . . . . . . . . . . . . . . . . . . 5
2.37 Person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.38 Planned Community . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.39 Plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.40 Public Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.41 Public River Park . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.42 P.U.D. for Aspen Glen . . . . . . . . . . . . . . . . . . . . . . . 6
2.43 Record or Recorded . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.44 Reimbursement Assessment . . . . . . . . . . . . . . . . . . . . 6
2.45 River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.46 Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . . . 6
2.47 Special Assessment . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 .48 Subassociation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.49 Supplemental Declaration . . . . . . . . . . . . . . . . . . . . . 6
2. 50 Supplemental Plat . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE 3 GENERAL RESTRICTIONS APPLICABLE TO COMMUNITY AREA ..... . 6
7
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3 .1 Maintenance of Community Area ................ .
3. 2 Property Uses . . . . . . . . . . . . . . . . . . . . . .
3.3 Construction Type ......................... .
3 .4 Building Envelopes . . . . . . . . . . . . . . . . . . . . . . . . .
7
7
7
3.5 No Noxious or Offensive Activity . . . . . . . . . . . . . . . . 7
3.6 Annoying Sounds or Odors . . . . . . . . . . . . . . . . . . . . 7
3, 7 No Hazardous Activities . . . . . . . . . . . . . . . . . . . . . . 8
3.8 No Unsightliness . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.9 Weeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 .10 Restrictions on Garbage and Trash . . . . . . . . . . . . . . . . 8
3 .11 Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 .12 No Temporary Structures . . . . . . . . . . . . . . . . . . . . . 8
3.13 Restriction on Antennae, Pipes, Utility Lines and
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
Transmitters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Restrictions on Signs and Advertising . . . . . . . . . . . . . . 9
Restrictions on Mining or Drilling . . . . . . . . . . . . . . . . 9
Wells . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Maintenance of Drainage . . . . . . . . . . . . . . . . . . . . . .
Compliance with Insurance Requirements ........... .
Compliance with Laws ...................... .
Further Subdivision of Lots ................... .
Restrictions on Sewage Disposal Systems . . . . . . . . . . . .
Restrictions on Water Systems ................. .
Restoration in the Event of Damage or Destruction . . . . . .
Storage ................................ .
ii
9
9
9
10
10
10
10
10
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3.25 Vehicle Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 .26 Storage of Gasoline and Explosives, Etc. . . . . . . . . . . . . 10
3.27 Trailers, Campers, Recreational and Junk Vehicles . . . . . . 10
3.28 Fences Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3.29 Air Conditioning and Heating Equipment/Solar Collecting
Devices . . . . . . . . ...... 11
3.30 Leases ................................. 11
3.31 Lakes .................................. 11
3.32 Easements; Utilities . . . . . . . . . . . . . . . . . . . . . . . . . 12
3.33 Landscaping .............................. 12
3. 34 Tennis Courts and Basketball Goals . . . . . . . . . . . . . . . 12
3.35 Swimming Pools and Pool Equipment .............. 12
3.36 Outside Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3.37 Camping and Picnicking ...................... 13
3.38 Prohibition On Use of Pesticides ................. 13
3.39 Fire Protection Systems . . . . . . . . . . . . . . . . . . . . . . . 13
3.40 Engineering and Soils Reports . . . . . . . . . . . . . . . . . . . 13
3.41 Irrigation Systems and Ditch Laterals . . . . . . . . . . . . . . 13
3.42 Duplex Units ...................................... 14
ARTICLE 4 ARCHITECTURAL APPROVAL .............................. 14
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4.1 Approval of Improvements Required . . . . . . . . . . . . . . . 14
4.2 Improvement to Property Defined ................ 15
4.3 Membership of Committee . . . . . . . . . . . . . . . . . . . . . 15
4.4 Establishment of Subcommittees . . . . . . . . . . . . . . . . . 15
4.5
4.6
Address of Design Review Committee . . . . . . . . . . . . . .
Required Approval by an Subassociation Design
15
Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
4.15
4.16
Submission of Plans . . . ...... .
Criteria for Approval . . ...... .
Design Guidelines . . . . . . . . . . .
Design Review Fee . . . ...... .
Decision of Committee ...................... .
Failure of Committee to Act on Plans ............. .
Completion of Work After Approval .............. .
Notice of Completion ...................... .
Inspection of Work . . . . . . . . . . . . . . . . . . . . . . . .
Notice of Satisfactory Completion of Improvement to
15
16
16
16
16
16
16
17
17
Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4.17 Notice of Noncompliance . . . . . . . . . . . . . . . . . . . . . 17
4.18 Performance Guaranty for Noncompliance or
Incompletion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4.19 Failure of Committee to Act After Completion . . . . . . . . 18
4. 20 Appeal to Board of Directors of Finding of
Noncompliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4. 21 Correction of Noncompliance . . . . . . . . . . . . . . . . . . . 18
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ARTICLE 5
ARTICLE 6
4.22 No Implied Waiver or Estoppel .................. 19
4.23 Committee Power to Grant Variances . . . . . . . . . . . . . . 19
4.24 Meetings of Committee . . . . . . . . . . . . . . . . . . . . . . . 19
4.25 Records of Actions . . . . . . . . . . . . . . . . . . . . . . . . . 19
4.26 Estoppel Certificates ........................ 19
4.27 Nonliability of Committee Action . . . . . . 19
4.28 Construction Period Exception . . . . . . . . . . . . . . . . . . 20
ASSOCIATION PROPERTIES . . . . . . . . . . . . . . ................ 20
5.1 Member's Rights of Use and Enjoyment Generally ...... 20
5.2 Allocation of Interests in Common Elements and
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
Association Properties . . . . . . . . . . . . . . . . . . . . . . . 20
Right of Association to Regulate Use . . . . . . . . . . . . . . 20
No Partition of Association Properties . . . . . . . . . . . . . . 20
Liability of Owners for Damage by Member . . . . . . . . . . 20
Association Duties if Damage, Destruction, or Required
Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Association Powers in the Event of Condemnation . . . . . . 21
Title to Association Properties on Dissolution of
Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Roaring Fork River ......................... 21
Title to Country Club Property 21
DECLARANT'S RIGHTS AND RESERVATIONS . 22
6.1 Period of Declarant's Rights and Reservations ......... 22
6.2 Right to Construct Additional Improvements on Association
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
Properties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Declarant's Rights to Use Association Properties in
Promotion and Marketing of Community Area . . . . . . . . . 22
Declarant's Rights to Complete Development of
Community Area . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Declarant's Approval of Conveyances or Changes in Use
of Association Properties . . . . . . . . . . . . . . . . . . . . . . 23
Declarant's Rights to Grant and Create Easement . . . . . . . 23
Declarant' s Rights to Convey Additional Property to
Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Annexation of Additional Properties . . . . . . . . . . . . . . . 23
Annexation of Additional Unspecified Real Estate . . . . . . . 24
Withdrawal of Annexed Property . . . . . . . . . . . . . . . . . 24
Expansion or Contraction of Annexable Property . . . . . . . 25
Creation of Drainage Easements . . . . . . . . . . . . . . . . . 25
Featured Builders . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Conversion of Common Areas to Lots . . . . . . . . . . . . . .
Subdivision of Lots ........................ .
25
26
Expansion of Permitted Property Uses . . . . . . . . . . . . . . 26
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ARTICLE 7
ARTICLE 8
ARTICLE 9
ASSOCIATION OPERATION ................................ 26
7 .1 Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
7. 2 Association Board of Directors . . . . . . . . . . . . . . . . . . 26
7. 3 Membership in Association . . . . . . . . . . . . . . . . . . . . 26
7.4 Voting Rights of Members ..................... 26
7.5 Determination of Member Voting Privileges .......... 27
7. 6 Registration of Owners . . . . . . . . . . . 27
DUTIES AND POWERS OF ASSOCIATION . . . . . . . . . . 27
8.1 General Duties and Powers of Association . . . . . . . . . . . 27
8. 2 Duty to Accept Property and Facilities Transferred by
8.3
8.4
8.5
8.6
8.7
8.8
8.9
8.10
8.11
8.12
8.13
8.14
8.15
8.16
8.17
8.18
8.19
8.20
8.21
8.22
8.23
8.24
8.25
8.26
8.27
8.28
Declaran t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7
Landscaping Easement . . . . . . . . . . . . . . . . . . . . . . . 28
Duty to Manage and Care for Association Properties . . . . . 28
Duty to Pay Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Duty to Maintain Casualty Insurance . . . . . . . . . . . . . . . 28
Duty to Maintain Liability Insurance . . . . . . . . . . . . . . . 28
General Provisions Respecting Insurance . . . . . . . . . . . . 29
Maintenance of Fidelity Insurance . . . . . . . . . . . . . . . . 29
Other Insurance and Bonds . . . . . . . . . . . . . . . . . . . . 29
Duty to Prepare Budgets . . . . . . . . . . . . . . . . . . . . . . 29
Duty to Levy and Collect Assessments . . . . . . . . . . . . . 29
Duty to Keep Association Records . . . . . . . . . . . . . . . . 30
Duties with Respect to Design Review Committee
Approvals ............................... 30
Power to Acquire Property and Construct Improvements 30
Power to Adopt Rules and Regulations . . . . . . . . . . . . . 30
Power to Enforce Declaration and Rules and Regulations . . 30
Power to Grant Easements ..................... 31
Power to Convey and Dedicate Property to Governmental
Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Power to Borrow Money and Mortgage Property . . . . . . . 31
Power to Engage Employees, Agents, and Consultants . . . . 31
General Corporate Powers . . . . . . . . . . . . . . . . . . . . . 31
Power to Provide Public Functions . . . . . . . . . . . . . . . . 31
Power to Provide Services to Subassociations ........ . 31
Power to Provide Special Services to Members . . . . . . . 32
Power to Charge for Association Properties, Facilities and
Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Power to Employ Managers .
Powers Provided by Law . . . . .
32
32
ASSESSMENTS, BUDGETS, AND FUNDS . . . . . . . . . . . . . . . . . . 32
9 .1 Maintenance Funds To Be Established . . . . . . . . . . . . . . 32
9 .2 Establishment of Other Funds . . . . . . . . . . . . . . . . . . . 33
9.3 Deposit of Common Assessments to Maintenance Funds ... 33
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ARTICLE 10
ARTICLE 11
9 .4 Other Deposits to Maintenance Funds . . . . . . . . . . . . . . 33
9.5 Disbursements from Maintenance Funds ............ 33
9.6 Authority for Disbursements .................... 33
9.7 Common Assessments ....................... 33
9.8 Apportionment of Common Assessments ............ 33
9.9 Funding of Reserve Funds ..................... 33
9 .10 Supplemental Common Assessments . . . . . . . . . . . . . . . 34
9 .11 Annual Budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
9.12 No Disbursements To Ahate Adjoining Nuisances or
Zoning Amendments . . . . . . . . . . . . . . . . . . . . . . . . 34
9.13 Supplemental Administrative Functions and Recreation
Functions Common Assessments . . . . . . . . . . . . . . . . . 34
9.14 Member Approval of Increase in Maximum Common
Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
9.15 Commencement of Common Assessments/Community
Areas .................................. 34
9 .16 Payment of Assessment . . . . . . . . . . . . . . . . . . . . . . . 35
9.17 Failure to Fix Assessment ..................... 35
9 .18 Special Assessments for Capital Expenditures . . . . . . . . . 35
9.19 Reimbursement Assessments .................... 35
9.20 Late Charges and Interest ..................... 35
9.21 Attribution of Payments ...................... 35
9.22 Notice of Default .......................... 36
9.23 Remedies to Enforce Assessments ................ 36
9.24 Lawsuit to Enforce Assessments ................. 36
9 .25 Lien to Enforce Assessments . . . . . . . . . . . . . . . . . . . 36
9.26 Estoppel Certificates ........................ 36
9.27 No Offsets .............................. 36
SPECIAL PROVISIONS ................................... 37
10.1 Wetlands Protection ......................... 37
10.2 Air Quality Restrictions ...................... 37
10.3 Fencing ................................ 37
10.4 Duration and Enforceability . . . . . . . . . . . . . . . . . . . . 38
MISCELLANEOUS ...................................... 38
11. l Term of Declaration ......................... 38
11.2 Amendment of Declaration by Declarant . . . . . . . . . . . . 38
11.3 Amendment of Declaration by Members . . . . . . . . . . . . 38
11.4 Amendment of Articles and Bylaws . . . . . . . . . . . . . . . 38
11.5 Alternative Dispute Resolution .................. 39
11. 6 Special Rights of First Mortgagees . . . . . . . . . . . . . . . . 39
11. 7 Priority of First Mortgage Over Assessments . . . . . . . . . 39
11. 8 First Mortgagee Right To Pay Taxes and Insurance
Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
11. 9 Association Right to Mortgage Information . . . . . . . . . . . 39
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20037_7 -3/30/95
11.10
11.11
11.12
11.13
11.14
11.15
11.16
11.17
11.18
11.19
11.20
11.21
11.22
11.24
11.25
11.26
11.27
11.28
Golf Course Facilities . . . . . . . . . . . . . . . . . . . . . . . . 39
Damage Caused by Golf Course Facilities . . . . . . . . . . . 40
Notices ................................. 40
Persons Entitled To Enforce Declaration . . . . . . . . . . . . 40
Violations Constitute a Nuisance . . . . . . . . . . . . . . . . . 40
Enforcement of Self-Help . . . . . . . . . . . . . . . . . . . . . 41
Violations of Law . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Remedies Cumulative ........................ 41
Costs and Attorneys' Fees ..................... 41
Limitation on Liability . . . . . . . . . . . . . . . . . . . . . . . 41
No Representations or Warranties . . . . . . . . . . . . . . . . 41
Liberal Interpretation . . . . . . . . . . . . . . . . . . . . . . . . 41
Governing Law ............................ 41
Colorado Common Interest Ownersfiip Act ........... 41
Severability .............................. 41
Number and Gender . . . . . . . . . . . . . . . . . . . . . . . . . 41
Captions for Convenience . . . . . . . . . . . . . . . . . . . . . 41
Mergers or Consolidations . . . . . . . . . . . . . . . . . . . . . 42
Disclaimer Regarding Safety . . . . . . . . . . . . . . . . . . . . 42
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MASTER DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ASPEN GLEN
THIS DECLARATION OF.J:OVENANTS, CONDITIONS AND RESTRICTIONS FOR ASPEN GLEN
("Declaration") is made as ofthis'---r'C!ay of Ajt-j { , 1995, by Aspen Glen Golf Company, a Colorado limited
partnership, ("Declarant").
ARTICLE 1
GENERAL
1.1 Community Area. Declarant is the owner of that certain parcel of land located in the County
of Garfield, Colorado, more particularly described on Exhibit A, attached hereto and incorporated herein by
reference (the "Community Area"). Declarant intends to develop the Community Area and the Annexable Property
as a high quality Planned Community of single family and attached residential homes. The number of Lots to be
located within the Community Area shall not exceed the maximum number of Lots permitted within the Community
Area under the P. U .D. for Aspen Glen. For the purposes of this Declaration, the number of Lots permitted under
the P.U.D. for Aspen Glen is 643 dwelling units and 20 lodge rooms.
1.2 Purposes of Declaration. This Declaration is executed (a) in furtherance of a common and
general plan for the Community Area and the Annexable Property; subject in all events to the limitations set forth
in Section 2.2 below; (b) to protect and enhance the quality, value, desirability and attractiveness of the Community
Area; (c) to provide for an Association as a vehicle to hold, maintain, care for and manage Association Properties,
including internal landscaped areas which will benefit all Owners of Lots; (d) to define the duties, powers and rights
of the Association; (e) to define certain duties, powers and rights of Owners of Lots within the Community Area;
and (I) to comply with and effectuate the terms and provisions of the Act.
1.3 Declaration. Declarant, for itself, its successors and assigns, hereby declares that the
Community Area and all property which becomes subject to this Declaration in the manner hereinafter provided,
and each part thereof, shall, from the date the same becomes subject to this Declaration, be owned, held,
transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered and
improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes
and other provisions set forth in this Declaration, for the duration hereof, all of which are declared to be part of,
pursuant to, and in furtherance of a common and general plan of development, improvement, enhancement and
protection of the Community Area. Notwithstanding the foregoing, in no event shall the Annexable Property, or
any portion thereof, be deemed to be burdened by, or subject to, the terms of this Declaration until such property
has been annexed to the Community Area, at Declarant's sole option, as more particularly provided herein. The
provisions of this Declaration are intended to and shall run with the land, and until their expiration in accordance
withJhe_ terrns_hereof,.shall-bind,.bea.charge upon and-inure to the mutual benefitof-(aj-the-CommunityArea and-
all property which becomes part of the Community Area, and each part or parcel thereof, (b) Declarant and its
successors and assigns, (c) the Association and its successors and assigns, and (d) all Persons having or acquiring
any right, title or interest in any property which is or becomes part of the Community Area, or any part or parcel
thereof, or-any--Improvement-thereon; and-their-heirs; personal-representatives-, successors and-assigns. T"fiis
Declaration shall be Recorded in the county and shall be indexed in the grantee's index in the name of the Declarant
and the Association and in the Grantor's Index in the name of each person or entity executing this Declaration.
1.4 Roaring Fork River. To the extent the Community Area shall abut the River, the terms and
provisions of this Declaration shall be subject to the rights of the general public to use the River for passage through
the Community Area by use of flotation devices only.
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ARTICLE2
DEFINITIONS
Unless otherwise expressly provided herein, the following words and phrases when used in this Declaration
shall have the meanings hereinafter specified.
2.1 Act. "Act" shall mean the Colorado Common Interest Ownership Act as provided in C.R.S.
38-33.3-101, et seq., as the same may be amended from time to time.
2.2 Administrative Functions. "Administrative Functions" shall mean all functions as are
necessary and proper under this Declaration and shall include, without limitation, providing management and
administration of the Association; providing architectural review services under Article 4 hereof; incurring
reasonable attorneys' fees and accountants' fees; obtaining errors and omissions insurance for officers, directors,
and agents of the Association; obtaining fidelity bonds for any Person handling funds of the Association; paying
taxes levied against the Association Properties; incurring filing fees, recording costs, and bookkeeping fees;
obtaining and maintaining offices and office furniture and equipment; and performing other such reasonable and
ordinary administration tasks associated with operating the Association as determined by the Board of Directors from
time to time.
2.3 Annexable Property. "Annexable Property" shall mean that real property which is subject
to the P. U.D. for Aspen Glen and which is not initially made subject to the terms and provisions of this Declaration.
The real property which comprises the Annexable Property is more particularly described on Exhibit B, attached
hereto and incorporated herein by reference, and may include such other property which may be annexed to and
made a part of the Community Area, as more particularly provided herein.
2.4 Articles of Incorporation. "Articles of Incorporation" shall mean the Articles of
Incorporation of The Homeowners Association at Aspen Glen, which have been filed with the office of the Secretary
of State in the State of Colorado, as the same may be amended from time to time.
2.5 Assessment. "Assessment" shall mean a Common Assessment, Special Assessment or
Reimbursement Assessment.
2.6 Association. "Association" shall mean The Homeowners Association at Aspen Glen, a
Colorado nonprofit coiporation, its successors and assigns.
2.7 Association Properties. "Association Properties" shall mean: (a) all real and personal
property, including Improvements now or hereafter owned by the Association; (b) all Common Areas, now or
hereafter owned by the Association; or (c) all real or personal property with respect to which the Association holds
an easement or license for the use, care, or maintenance thereof, or for which the Association has a right or duty
to maintain, and which property is held for the common use and enjoyment of the Members pursuant to the terms
and provisions of this Declaration. As of the date of this Declaration, the Association Properties are subject to the
Permitted Exceptions, including, but not limited to, the Golf Course Easement.
2.8 Board of Directors. "Board of Directors" or "Board" shall mean the Board of Directors
of the Association.
2.9 Budget. "Budget" shall mean a written itemiz.ed estimate of the expenses to be incurred by
the Association in performing its functions under this Declaration and prepared pursuant to Section 9.12 of this
Declaration.
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2.10 Building Envelope. "Building Envelope" shall mean that portion of each Lot which is
designated on the Plat as suitable for construction of habitable Jiving space thereon. As more fully provided herein,
all Improvements to be constructed on a Lot, with the exception of Improvements which are necessary to facilitate
ingress to and egress from a Lot or Improvements which are otherwise expressly authorized by the Design Review
Committee, shall be located within the Building Envelope designated for such Lot.
2.11 Bylaws. "Bylaws" shall mean the Bylaws of the Association which have been or will be
adopted by the Board of Directors of the Association, as the same may be amended from time to time.
2.12 Common Area. "Common Area" shall mean any portions of the Community Area
designated on the Plat as Common Area or Open Space and which is owned or maintained by the Association for
the common use and enjoyment of the Owners, including, but not limited to, all streets, Janes, alleys, rights-of-way,
roads, entry ways, guard houses, entry features, sidewalks, pathways, trails (to the extent not included within a Lot,
and if so included, an easement which is Common Area shall be deemed to exist therefor), gardens or other open
space, and such other easements for the use and benefit of the Owners as may be provided in this Declaration. Such
Common Area may be owned: (a) in undivided interests by certain Owners; or (b) separately by individual Owners
over which the Association may have an easement for maintenance purposes.
2.13 Common Assessment. "Common Assessment" shall mean the assessments made for the
purpose of covering the portion of the annual costs of operating the Association, including, but not limited to,
expenses incurred in connection with any authorized function of the Association, which are to be paid by each
Owner to the Association for the purposes provided herein and charged to such Owner and to the Lot of such
Owner.
2.14 Community Area. "Community Area" shall mean the real property described in Exhibit
A attached hereto, subject to the Permitted Exceptions, and such other real property which may be made subject
to this Declaration, from time to time, together with all rights and subject to all obligations, of the Association
granted in and to any property pursuant to (a) the fisherman easements as shown on the Plat; (b) the Public River
Park as identified on the P. U.D. for Aspen Glen; (c) the Golf Course Easement; and (d) the License Agreement.
2.15 Country Club Property. "Country Club Property" shall mean that certain property which
is located adjacent to the Community Area, which is owned by Declarant, its successors and assigns (the "Country
Club Owner"), and which is more particularly described on Exhibit C hereto. In no event shall the Country Club
Property be deemed a portion of the Community Area or the Association Properties, and no Owner or Member shall
have any rights or privileges in the Country Club Property, except for: (a) such limited ingress and egress rights
as may be expressly provided in the License Agreement; or (b) the right to become a member in any golf or country
club being operated on the Country Club Property due to their ownership of a Lot, or as Members of the
Association. Notwithstanding anything to the contrary contained herein, every Owner of a Lot within the
Community Area shall be permitted to become a member of any golf or country club being operated on the Country
Club Property; provided; however, that such Owners shall be subject to the same membership requirements, fees
and dues structures and such other rules and regulations as are applicable to other members of such club or facility.
2.16 County. "County" shall mean Garfield County, Colorado.
2.17 Declaration. "Declaration" shall mean this instrument as it may be amended from time to
time.
2.18 Declarant. "Declarant" shall mean Aspen Glen Golf Company, a Colorado limited
partnership, its successors, assigns, and affiliates. A Person shall be deemed to be a "successor and assign" of
Aspen Glen Golf Company, as Declarant only, if specifically designated in a duly Recorded instrument as a
successor or assign of Declarant under this Declaration and shall be deemed a successor and assign of Declarant
only as to the particular rights or interests of Declarant under this Declaration which are specifically designated in
the written instrument. However, a successor to Aspen Glen Golf Company, by consolidation or merger shall
automatically be deemed a successor or assign of Aspen Glen Golf Company, as Declarant under this Declaration.
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2.19 Deed of Trust. "Deed of Trust" shall mean a Mortgage.
2.20 Design Review Committee. "Design Review Committee" shall mean the Committee
provided for in Article 4 of this Declaration.
2.21 Featured Builder. "Featured Builder" shall mean and refer to the Owner of a Lot located
within the Community Area who (a) acquires such Lot from Declarant for the purpose of constructing a residential
dwelling unit for resale to the general public; (b) has submitted to, and obtained approval of, the plans and
specifications for such residential dwelling unit from the Design Review Committee, and has otherwise complied
with the provisions of Article 6 of this Declaration; and (c) bas been designated in writing as a "Featured Builder"
by Declarant. In accordance with the provisions of Article 6 hereof, the designation of any Owner of a Lot as a
Featured Builder shall be in Declarant's sole and absolute discretion.
2.22 Golf Course Easement. "Golf Course Easement" shall mean that certain Grant of Golf
Facilities Development, Construction and Operational Easement dated /),e_, j / -::/ , 1995, and Recorded
/)p/1 } lb , 1995, at Reception No. G/Zb32 7 in the rkords of the Clerk and Recorder of the
County, which easement creates for the benefit of the Country Club Property, and the guests, members, employees,
and permittees of the Country Club Owner, certain rights in and to easements created over and across portions of
the Community Area and creates for the benefit of the Community Area, the Owners and Members a license for
ingress and egress over and across certain portions of the Country Club Property, all as more particularly described
therein.
2.23 Improvement. "Improvement" shall mean all structures and any appurtenances thereto of
every type or kind, including, but not limited to, dwelling units, buildings, outbuildings, swimming pools, patio
covers, awnings, painting of any exterior surfaces of any visible structure, additions, walkways, outdoor sculptures
or artwork, sprinkler pipes, garages, carports, roads, driveways, parking areas, fences, screening walls, retaining
walls, stairs, decks, fixtures,. landscaping, hedges,. windhreaks,. plantings,. planted. trei>.s and shrubs, poles, signs,
exterior tanks, solar equipment, exterior air conditioning and water softener fixtures.
2.24 Improvement to Property. "Improvement to Property" shall mean any Improvement,
change, alteration, or addition to any property within the Community Area. "Improvement to Property" shall
include, but not be limited to those improvements more particularly described in Section 4.2 of this Declaration.
2.25 License Agreement. "License Agreement" shall mean that certain Pedestrian Egress and
Ingress License, given by the Declarant for the benefit of the Lot owners in the Community Area, which agreement
grants to Lot owners a revocable license for egress and ingress over and across certain portions of the Country Club
Property, all as more particularly described therein.
2.26 Lease. "Lease" shall mean and refer to any agreement for the leasing or rental of a dwelling
unit located on a Lot, and shall specifically include, without limitation, a month-to-month rental.
2.27 Lot. "Lot" shall mean any lot within the Community Area which is shown upon any
Recorded Plat, Supplemental Plat, or any other parcel of land which may be sold or conveyed without violation of
the provisions of Colorado law pertaining to the subdivision of land. For purposes of conforming the terms and
provisions of this Declaration to the terms and conditions of the Act, the term "Lot" shall be analogous to the term
"Unit," as that term is defined in the Act. The term "Lot" shall include townhome and condominium units and each
individual unit within a duplex unit created within the Community Area but shall not include any property owned
by a public body or the Association Properties.
2.28 Maintenance Funds. "Maintenance Funds" shall mean the accounts into which the Board
shall deposit monies paid to the Association and from which disbursements shall be made in the performance of the
functions of the Association pursuant to Article 8 hereof.
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2.29 Member. "Member" shall refer to the members of the Homeowners Association at Aspen
Glen and shall mean the Person or, if more than one, all Persons collectively who constitute the Owner of a Lot.
2.30 Mortgage. "Mortgage" shall mean any mortgage or deed of trust or other such instrument,
given voluntarily by the Owner of a Lot, encumbering the Lot to secure the performance of an obligation or the
payment of a debt and which is required to be released upon performance of the obligation or payment of the debt.
The term "Deed of Trust" when used herein shall be synonymous with the term "Mortgage."
2.31 Mortgagee. "Mortgagee" shall mean a mortgagee under a Mortgage or a beneficiary under
a Deed of Trust, as the case may be, and the assignees of such mortgagee.
2.32 Mortgagor. "Mortgagor" shall mean the Person who mortgages his or its property to another
(i.e., the maker or grantor of a Mortgage). The term "Mortgagor" shall include a trustor or grantor under a Deed
of Trust.
2.33 Notice and Hearing. "Notice and Hearing" shall mean a written notice and public hearing
before the Board of Directors or a Tribunal, as defined in the Bylaws, appointed by the Board, in the manner
provided in the Bylaws.
2.34 Notice of Completion. "Notice of Completion" shall mean written notice to the Design
Review Committee of the completion of any Improvement to Property pursuant to Article 4 of this Declaration.
2.35 Owner. "Owner" shall mean the Person, including Declarant, or, if more than one, all
Persons collectively, who hold fee simple title of Record to a Lot, including sellers under executory contracts of
sale and excluding buyers thereunder.
2.36 Pennitted Exceptions. "Permitted Exceptions" shall mean all encumbrances, liens,
restrictions, easements and other items of record which encumber the Community Area as of the date this
Declaration is recorde.d, including, but not limited to, the Golf Course Easement.
2.37 Person. "Person" shall mean a natural person, a corporation, a partnership, or any other
entity capable of holding title to real property pursuant to the laws of the State of Colorado.
2.38 Planned Community. "Planned Community" shall have the same meaning as set forth in
the Act.
2.39 Plat. "Plat" shall mean and include the land survey plat (and any amendments thereto) which
depicts all or a portion of the Community Area and which further depicts and locates thereon the location of Lots,
Building Envelopes, Common Areas, and such other items as may be required by the Act. The Plat, and any
amendments or supplements thereto, are hereby incorporated herein and made a part hereof by reference. For the
purposes of this Declaration, the term "Plat" shall also mean and include each Supplemental Plat recorded by
Declarant for the purposes of annexing all or a portion of the Annexable Property to the Community Area.
2.40 Public Functions. "Public Functions" shall mean and include, but not be limited to, the act
of providing, installing, operating, administering, managing, and overseeing public services and functions for the
benefit of Owners, including repairs, replacements and maintenance obligations commonly associated with municipal
or other local govermnental or quasi-govermnental organizations, including, without limitation, repair and
maintenance of streets, sidewalks, bicycle and pedestrian paths and walkways, security, including the provision of
gated entrances and guard houses, animal control, vegetation control, insect and pest control, television service,
parking facilities, public transportation facilities, including paths and trails, street cleaning, snow removal, signage,
including entry monuments, lighting, including seasonal lighting, project and perimeter fencing, landscape walls,
landscaping services and facilities, drainage facilities, including retention and detention ponds, trash and solid waste
disposal services, including recycling programs, utility services, and such other services, functions and activities,
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476328
as are deemed appropriate by the Board of Directors. The foregoing list shall not be deemed to be a representation
by Declarant of services or facilities which will be available for use of the Owners.
2.41 Public River Park. "Public River Park" shall mean that area designated on the P.U.D. for
Aspen Glen approved by the County as a Public River Park for the use and enjoyment of the public, together with
such rights of access over and across those portions of Association Properties as may be necessary to obtain access
from public rights-of-way to and from the Public River Park.
2.42 P.U.D. for Aspen Glen. The "P.U.D. for Aspen Glen" shall mean that certain Planned Unit
Development plan for Aspen Glen as approved by that certain Resolution No. 92-056 -Resolution Concerned with
the Approval of an Application of the Aspen Glen Golf Company, Ltd. for the Aspen Glen Planned Unit
Development Rezoning and Approval of its Plan dated June 29, 1992 and recorded at Reception No. 436262 in the
records of the Clerk and Recorder of Garfield County, Colorado, and as amended on ___ and recorded at
Reception No. ___ , and as the same may be further amended from time to time.
2.43 Record or Recorded. "Record" or "Recorded" shall mean the filing for record of any
document in the office of the Clerk and Recorder of the County.
2.44 Reimbursement Assessment. "Reimbursement Assessment" shall mean a charge against
a particular Owner and his Lot for the purpose of reimbursing the Association for expenditures and other costs of
the Association in curing any violation, directly attributable to the Owner, of the Declaration or the Rules and
Regulations, pursuant to Section 9.20 hereof, together with late charges and interest as provided for herein.
2.45 River. "River" shall mean the Roaring Fork River.
2.46 Rules and Regulations. "Rules and Regulations" shall mean rules and regulations adopted
by the Board of Directors, as provided in Section 8.16 of this Declaration.
2.47 Special Assessment. "Special Assessment" shall mean a charge against each Owner and his
Lot representing a portion of the costs of the Association for the purpose of funding capital repairs, maintenance,
replacements, and Improvements, or for any other purpose authorized by the Board of Directors as provided herein.
2.48 Subassociation. "Subassociation" shall mean any_ Colorado corporation,_ nonpr.o_fit_
corporation, or unincorporated association, and its successors and assigns, organized and established or authorized
pursuant to, or in connection with, one or more Supplemental Declarations and of which the membership is
composed of Owners of Lots within all or part of the area covered by such Supplemental Declarations.
2.49 Supplemental Declaration. "Supplemental Declaration" shall mean a written instrument
containing covenants, conditions, restrictions, reservations, easements, or equitable servitudes, or any combination
thereof, which may be recorded on any portion of the Annexable Property in accordance with Section 6. 8 of this
Declaration.
2.50 Supplemental Plat. "Supplemental Plat" shall mean and include any land survey plat which
is Recorded by Declarant for the purpose of annexing the property described therein to the Community Area.
ARTICLE 3
GENERAL RESTRICTIONS APPLICABLE TO COMMUNITY AREA
All real property within the Community Area shall be held, used, and enjoyed subject to the following
limitations and restrictions, and subject to exemptions of Declarant set forth in this Declaration. The strict
application of the following limitations and restrictions in any specific case may be modified or waived in whole
or in part by the Design Review Committee if such strict application would be unreasonably or unduly harsh under
the circumstances. Any such modification or waiver must be in writing or be contained in written guidelines or
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rules promulgated by the Design Review Committee. Violation of this Article by an Owner shall permit the
Association, after Notice and Hearing. to enter on the Lot of the Owner and cure the violation or cause compliance
wiih this provision and-to levy and-collect a Reimbursement Assessment for the costs and expenses of the
Association in so doing; provided, however, that there shall be no entry into the interior of an Improvement intended
for human occupancy without the consent of the Owner thereof unless a clear emergency exists.
3.1 Maintenance of Community Area. No property within the Communit}' Area shall be
permitted to fall into disrepair, and all property within the Community Area, including any Improvements and
landscaping thereon, shall be kept and maintained in a clean, attractive, and sightly condition and in good repair.
Maintenance, repair, and upkeep of each Lot shall be the responsibility of the Owner of the Lot. Maintenance,
repair, and upkeep of Association Properties shall be the responsibility of the Association.
3.2 Property Uses. Except as otherwise provided in Article 6 hereof, all Lots shall be used for
private residential purposes and no dwelling unit erected or maintained within the Community Area shall be used
or occupied for any purpose other than for a single-family attached or detached dwelling or a duplex unit unless
constructed within the area designated on the P.U.D. for Aspen Glen as "Club Villas." Notwithstanding the
foregoing, business activities associated with the sale of Lots or residences constructed thereon shall be allowed.
In addition, in-home businesses or occupations not involving the servicing of customers or employees, other than
the Owners, shall be allowed, provided such activities are conducted solely within the residence and do not create
or result in any nuisance or any unreasonable, unwarranted, or unlawful use or interference with public or private
rights, including, but not limited to, unreasonable or unwarranted use or interference with streets, excessive traffic
or parking requirements, rights-of-way, or sidewalks, or in any other offensive or noxious activities. Bed and
Breakfast operations shall be permitted, and shall be expressly allowed, only on Lot B4, Aspen Glen Filing No. 1.
Nevertheless, bed and breakfast operations may be located on specific Lots located within the Annexable Property
if such Lots are specifically designated by the appropriate Supplemental Declaration and if such uses are specifically
permitted by the appropriate Supplemental Declaration.
3.3 Construction Type. All construction shall be new. No building previously used at another
location nor any building or structure originally constructed as a mobile dwelling or structure may be moved onto
a Lot, except as expressly hereinafter provided for teml'orary buildings. All roofs on lmJlrovements located west
of Garfield County Road 109 shall be constructed of fire retardant shingles or other material of at least the same
degree of fire retardant. The foregoing restriction shall be set forth as a Plat note on the Plat for all Lots located
west of Garfield Country Road 109, and shall constitute a covenant running with said Lots in perpetuity and shall
not be affected by the termination, amendment or other modification of this Declaration. The foregoing restriction
shall be enforceable in the same manner as the other Special Conditions set forth in Article 10 hereof. In addition
to the foregoing, an engineered foundation shall be required for all residential dwelling units constructed within the
Community Area.
3.4 Building Envelopes. All Improvements to be constructed on a Lot, with the exception of
Improvements which are necessary to facilitate ingress to and egress from a Lot or Improvements which are
otherwise expressly authorized by the Design Review Committee, shall be located within the Building Envelope
designated for such Lot.
3.5 No Noxious or Offensive Activity. No noxious or offensive activity shall be carried on upon
any property within the Community Area, nor shall anything be done or placed thereon which is or may become
a nuisance or cause an unreasonable embarrassment, disturbance, or annoyance to others.
3.6 Annoying Sounds or Odors. No sound or odor shall be emitted from any property within
the Community Area which is noxious or unreasonably offensive to others. Without limiting the generality of the
foregoing, no exterior speakers, horns, whistles, bells, or other sound devices, other than security devices used
exclusively for security purposes, shall be located or used on any property except with the prior written approval
of the Design Review Committee.
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3. 7 No Hazardous Activities. No activity shall be conducted on, and no Improvement shall be
constructed on, any property within the Community Area which is or might be unsafe or hazardous to any Person
or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any property
within the Community Area and no open fires shall be lighted or permitted on any property within the Community
Area except in a contained barbecue unit while attended and in use for cooking purposes or within a wood burning
stove designed to prevent the dispersal of burning embers which stove has previously been approved by the Design
Review Committee in accordance with the provisions hereof.
3.8 No Unsightliness. All unsightly structures, facilities, equipment, objects, and conditions shall
be enclosed within a structure, including snow removal equipment and garden or maintenance equipment except
when in actual use. No laundry or wash shall be dried or hung outside any dwelling unit.
3.9 Weeds. All yards and open spaces and the entire area of every Lot on which no building
has been constructed shall be maintained in accordance with standards to be established by the Design Review
Committee. In addition, each Lot shall be kept free from brush or other growth or trash which, in the reasonable
opinion of the Design Review Committee, is unsightly or causes undue danger of fire. Notwithstanding the
foregoing, the Design Review Committee shall be authorized to permit landscaping on a Lot in accordance with a
landscaping plan approved by the Design Review Committee in accordance with the provisions hereof.
3.10 Restrictions on Garbage and Trash. No refuse, garbage, trash, lumber, grass, shrub or
tree-clippings" plant-\Vaste, compost, metal, bulk-materials-,; scrap; refuse; 01-debris--of-any-kind--shaH-be kepf,
stored, or allowed to accumulate on any Lot except within an enclosed structure or appropriately screened from
vie\V-; except-that-any-container-containing-such-materials-may-be-placed-outside arsuch times as may be necessary
to permit garbage or trash pickup.
3.11 Animals. No animals, live stock or poultry of any kind shall be raised, bred or kept on any
Lot, except that domesticated birds or fish and other small domestic animals permanently confmed indoors will be
allowed. No other animals, except an aggregate of not more than three domesticated animals (e.g., two cats and
one dog) per Lot, will be permitted within the Community Area; provided that (a) such animals are not kept, bred,
or maintained for any commercial purpose; (b) such animals must be fenced or restrained at all times within a Lot;
(c) only one dog will be allowed for each residential dwelling unit located within the Aspen Glen P.U.D; (d) any
Owner constructing a residential dwelling unit to the west of County Road 109 in the two acre zone district that
chooses to have a dog shall construct a fenced kennel approved by the Design Review Committee prior to obtaining
a certificate of occupancy for such residential dwelling unit; and (e) no dogs whatsoever shall be permitted on those
Lots adjacent to or included within any Eagle Nest Overlay Protection Zone(s) as may be designated on the P.U.D.
for Aspen Glen or any Plat for any portion thereof, so long as such Eagle Nest Overlay Protection Zone remains
in effect. All Lots so restricted shall be specifically identified on the Plat therefor. Following termination of any
Eagle Nest Overlay Protection Zone, the restriction contained in subparagraph (e) above shall be lifted and the
general provisions limiting pets set forth herein shall apply to those Lots. No animal of any kind shall be permitted
which in the opinion of the Design Review Committee makes an unreasonable amount of noise or odor or is a
nuisance. All household pets shall be controlled by their Owner and shall not be allowed off the Owner's Lot except
when properly leashed and accompanied by the pet Owner or his representative. Each Owner of a household pet
shall be financially responsible and liable for any damage or destruction caused by said household pet and shall be
personally and financially responsible for any clean-up related to such pet.
3.12 No Temporary Structures. No tent, shack, temporary structure, or temporary building shall
be placed upon any property within the Community Area except with the prior written consent of the Design Review
Committee obtained in each instance.
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3.13 Restriction on Antennae, Pipes, Utility Lines and Transmitters. Pipes for water, gas,
sewer, drainage, or other purposes, and utility meters or other utility facilities shall be kept and maintained, to the
extent reasonably possible, underground or within an enclosed structure. No exterior radio antenna, television
antenna, or other antenna of any type shall be erected or maintained in the Community Area. With the approval
of the Declarant, a master antenna or cable television antenna may, but need not, be provided for use of all Owners
or a group of Owners, and Declarant may grant easements for such purposes. Satellite dishes of 24" or less may
be allowed with the approval of the Design Review Committee. No electronic or radio transmitters of any kind
other than garage door openers or cordless telephones shall be operated in or on any structure or within any Lot
except as may be approved by the Design Review Committee.
3.14 Restrictions on Signs and Advertising. No sign, poster, billboard, advertising device, or
display of any kind shall be erected or maintained anywhere within the Community Area so as to be evident to
public view, except: (a) any Featured Builder, architect or landscape architect may, during initial construction,
utilize one standard sign, which will be made available to all builders, architects and landscape architects by
Declarant at the cost of production; and (b) development related signs owned or erected by Declarant, which shall
be permitted. 'For Sale" or "For Rent' signs shall not be permitted.
3.15 Restrictions on Mining or Drilling. No property within the Community Area shall be used
for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons,
minerals, rocks, stones, gravel, or earth, except drilling, exploring for, or removing underground water by
Declarant or any Person designated by Declarant. Notwithstanding the foregoing, Declarant, for itself and its
successors and assigns, excepts and reserves, and shall retain the right to develop and remove, any such oil, gas,
hydrocarbons or minerals by slant drilling or other suitable means of subterranean entry; provided, however, that
any such method of slant drilling or other means of subterranean entry may only be employed without impairing
structures, improvements or appurtenances, or the use thereof, located or to be located on any Lot.
3.16 Wells. No well from which water is produced shall be dug, nor shall storage tanks or
reservoirs be made or operated anywhere_ in_the..Community_ Are.a;-prov.ided,-however-, the-. .\.ssgciation-shall-hav-e
such right, but not the obligation, in connection with its performance of Public Functions to drill wells, provided
further that nothing herein shall prevent the drilling of, the installation of wells, or the construction and maintenance
of water storage tanks by Declarant or any special district in which the Community Area is located, for purposes
of providing water to the Community Area and adjacent areas.
3.17 Maintenance of Drainage. There shall be no interference with the established drainage
pattern over any property within the Community Area, except as approved in writing by the Design Review
Committee. Approval shall not be granted unless provision is made for adequate alternate drainage. The
"established drainage pattern' shall mean the drainage pattern which exists at the time the overall grading of any
property is completed and shall include any established drainage pattern shown on any plans approved by the Design
Review Committee. The established drainage pattern may include the drainage pattern: (a) from Association
Properties over any Lot; (b) from any Lot over the Association Properties; (c) from any property owned by the
County or other Persons over any Lot; (d) from any Lot over property owned by the County or other Persons; (e)
from any Lot over another Lot, or (f) from the Country Club Property over any portion of the Community Area.
3.18 Compliance with Insurance Requirements. Except as may be approved in writing by the
Board of Directors, nothing shall be done or kept on property within the Community Area which may result in a
material increase in the rates of insurance or would result in the cancellation of any insurance maintained by the
Association.
3.19 Compliance with Laws. Nothing shall be done or kept on any property within the
Community Area in violation of any law, ordinance, rule, or regulation of any governmental authority having
jurisdiction.
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3.20 Further Subdivision of Lots. Except as may be expressly provided in a Supplemental
Declaration annexing all or any portion of the Annexable Property to the Community Area, the Owner of a Lot shall
not further subdivide a Lot. Notwithstanding the foregoing, the Owners of Lots Dl through D45, Aspen Glen
Filing No. 1, shall be entitled to subdivide a duplex lot and construct a duplex dwelling. The Owner of any Lot
which is permitted to subdivide a Lot for the purpose of constructing duplex homes, townhomes, condominiums or
villas pursuant to the provisions hereof, the Aspen Glen P. U .D. or the Supplemental Declaration annexing such Lot
to the Community Area, shall be permitted to subdivide such Lot only in accordance with the terms and provisions
of this Declaration and the Supplemental Declaration annexing such Lot to the Community Area, if applicable.
Upon the resubdivision of any Lot in accordance with the terms and conditions contained herein, each Owner's
undivided interest in the Common Areas and the Association Properties shall be reallocated in accordance with the
provisions of Section 5.2 hereof.
3.21 Restrictions on Sewage Disposal Systems. No cesspool, septic tank, or other individual
sewage disposal system shall be installed within the Community Area.
3.22 Restrictions on Water Systems. Except as provided in Section 3.41 hereof, no individual
water supply system shall be installed or maintained for any property within the Community Area.
3.23 Restoration in the Event of Damage or Destruction. In the event of damage or destruction
of any Improvement on any Lot, the Owner thereof shall cause the damaged or destroyed Improvement to be
restored or replaced to its original condition or such other condition as may be approved in writing by the Design
Review Committee, or the Owner shall cause the damaged or destroyed Improvement to be demolished and the Lot
to be suitably landscaped, subject to the approval of the Design Review Committee, so as to present a pleasing and
attractive appearance. Such Improvements shall be repaired, restored or otherwise demolished and suitably
landscaped within an established time frame set forth in design review guidelines promulgated by the Design Review
Committee.
3.24 Storage. No building materials shall be stored on aoy Lot except temporarily during
continuous construction of an Improvement.
3.25 Vehicle Repairs. No maintenance, servicing, repair, dismantling, or repainting of any type
of vehicle, boat, machine, or device may be carried on, except within a completely enclosed structure which screens
!lie siglit and sound of the activity from the street aod from other Lots.
3.26 Storage of Gasoline and Explosives, Etc. No Lot shall be used for the storage of
explosives, gasoline, or other volatile aod/or incendiary materials or devices or aoy materials deemed hazardous
substances under applicable environmental laws, rules, or regulations. Gasoline or fuel for Owner's lawn mower,
snowblower, and the like may be maintained on an incidental basis on the Lot in an amount not to exceed five (5)
gallons.
3.27 Trailers, Campers, Recreational and Junk Vehicles. No boat, camper (on or off
supporting vehicles), trailer, tractor, truck, industrial or commercial vehicle (both cabs or trailers), towed trailer
unit, motorcycle, disabled, junk, or abandoned vehicles, motor home, mobile home, recreational vehicle, or any
other vehicle, the primary purpose of which is recreational, sporting, or commercial use, shall be parked or stored
in, on, or about any Lot or street within the Community Area, except within the attached garage or unless such
vehicles are concealed from view aod the screening of such vehicles has been approved by the Design Review
Committee. For the purposes of this covenant, any 3/4-ton or smaller vehicle, commonly known as a pickup truck,
shall not be deemed a commercial vehicle or truck. The Association shall have the right to enter ao Owner's Lot
to remove and store, at Owner's expense, vehicles in violation of this Section. Any such Owner shall be entitled
to 30 days' written notice prior to such action by the Association. No snowmobile or recreational vehicle powered
by an internal combustion engine may be operated within the Community Area except for purposes of ingress aod
egress and only across designated streets and rights-of-way. In addition to the foregoing, the Association shall have
the power to promulgate reasonable rules concerning the type aod use of golf carts within the Community Area and
Common Areas, which rules may be subject to the rights and restrictions contained in the Golf Course Easement.
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In accordance with the foregoing, the Association shall have the right to prohibit the use of golf carts owned by
Owners (but not golf carts owned or leased by the Country Club Owner) on all streets, roads, rights-of-way, and
cart paths within the Community Area.
3.28 Fences Prohibited. Fences along or adjacent to the boundary or lot line may be prohibited
on some or all of the Lots, as identified on the Plat for such Lots or pursuant to criteria established by the Design
Review Committee or Golf Course Easement. On any lots where fences are permitted, the fence may only be
constructed upon the prior written approval of the Design Review Committee and in conformance with standard
design specifications previously approved by the Design Review Committee, or as provided in the Golf Course
Easement. Privacy fences, security fences, and fences for screening purposes may also be prohibited. To the extent
they are permitted, they shall also be approved by the Design Review Committee and constructed in conformance
with standard design specifications previously approved by the Design Review Committee and as provided in the
Golf Course Easement. Declarant and/or the Association, through the Design Review Committee, shall have the
right to prohibit the construction or maintenance of fences on those Lots which abut the Country Club Property in
accordance with the terms of the Golf Course Easement.
3.29 Air Conditioning and Heating Equipment/Solar Collecting Devices. No heating, air
conditioning, air movement, solar collection (e.g., swamp coolers) or refrigeration equipment shall be placed,
allowed, or maintained anywhere other than on the ground; provided, however, that solar units meeting all
governmental guidelines for residential uses may be located on the roof if (a) such solar unit is built into and made
an integral part of the roof flashing or the structure of any house constructed on such Lot, and (b) such solar unit
is specifically approved by the Design Review Committee in accordance with Article 4 below. The type, size,
location, and necessary screening for any proposed solar collection device shall be submitted to the Design Review
Committee in accordance with its established procedures and the Design Review Committee shall have the authority
to approve, conditionally approve, or disapprove the proposed collection device in accordance with the terms and
provisions hereof. Notwithstanding the foregoing, in no event will the terms and provisions of this Declaration be
deemed to prohibit the use of solar collection devices within the Community Area and in no event shall the Design
Review Committee unreasonably restrict the right to use solar collection devices by any Owner of a Lot within the
Community Area.
3.30 Leases. Any Owner shall have the right to Lease his Lot under the following conditions:
3.30.J All Leases shall be in writing;
3.30.2 All Leases shall be for a Lot with a completed residence thereon;
3.30.3 All Leases shall provide that the terms of the Lease and lessee's
occupancy of the Lot shall be subject in all respects to the provisions of this Declaration, and the
Articles of Incorporation, the Bylaws, and the Rules and Regulations of the Association, and that
any failure by the lessee to comply with any of the aforesaid documents, in any respect, shall be
a default under the Lease; and
3.30.4 Each Owner shall notify the Association immediately upon the leasing
of his Lot, and register with the Association both the name(s) of the tenant(s) and new mailing
information for notices to be sent from the Association directly to such Owner.
3.31 Lakes. No swimming or boating activities shall be conducted on any lakes or ponds located
within the Community Area. Fishing may be allowed, but only at the discretion of Declarant, in accordance with
the provisions of the Rules and Regulations.
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3.32 Easements; Utilities. All Streets, pedestrian ways and easements shown on the Recorded
Plat for any portion of the Community Area have been reserved for the purposes indicated on such Plat. No Owner
may erect any structure of any type whatsoever in such easement areas, nor may an Owner use the surface of such
easement areas for any private use, other than landscaping which will not interfere with the use of said easement
by the entities for whose benefit it has been reserved. With respect to such easement areas, as well as any other
such easement areas described on a Plat or within recorded easement documents, any and all bona fide public utility
service companies, including, but not limited to, Aspen Glen Water and Sanitation District, Public Service Company
of Colorado, Holy Cross Electric Association, Inc., Rocky Mountain Natural Gas and U.S. West Communications
and the Country Club Owner pursuant to the Golf Course Easement, shall have the right of access, ingress, egress,
and use of such easement areas for the installation and maintenance of utility facilities. Except as to special street
lighting or other aerial facilities which may be required by the County or may be required by the franchise of any
utility company, no aerial utility facilities of any type (except meters, risers, service pedestals and other surface
installations necessary to maintain or operate appropriate underground facilities) shall be erected or installed within
the Community Area, whether upon Lots, easements, streets, or rights-of-way of any type, either by a utility
company or any other person or entity, (including but not limited to any person owning or acquiring any part of
the Community Area) and all utility service facilities (including but not limited to water, sewer, gas, electricity and
telephone) shall be buried underground, under recreational easements, Common Areas, streets, or other utility
easement areas for the purpose of serving any structure located on any part of the Community Area.
3.33 Landscaping. Each Lot shall be fully landscaped within one hundred eighty (180) days of
the date on which a certificate of occupancy is obtained for the residence, subject to excusable delays as determined
by the Design Review Committee due to weather. The landscaping of each Lot shall be primarily indigenous plant
life from an established plant list as established by the Design Review Committee. Home lawns shall be of an
identical or very similar insect resistant blend as rough grasses naturally occurring in the area and such grasses shall
be subject to guidelines promulgated by the Design Review Committee. No landscaping plan shall be implemented
until approval of the Design Review Committee has been obtained. Each Owner shall maintain the landscaping upon
such Owner's Lot in good condition. Home lawns and Common Areas shall be irrigated with surface waters
wherever practical. Irrigation shall be limited to three days a week after establishment of such lawns. Each Owner
shall diligently maintain, cultivate, husband, protect and preserve the shrubs and trees upon his Lot, including,
without limitation, the removal of dead branches, dead brush and performance of other tasks calculated to remove
or eliminate material which constitutes or creates a fire hazard. Each Owner shall cooperate with the Association
in its brush clearing and fire protection husbandry program for reduction of fire haz.ard on Common Areas.
3.34 Tennis Courts and Basketball Goals. Tennis courts shall not be permitted on Lots unless
unless a variance is received from the Design Review Committee. A variance would only be considered if the
applicant owns two adjacent lots, where one lot is to be used for the purpose of a tennis court, and the Design
Review Committee is completely satisfied that the tennis court is thoroughly screened from all neighbors' views.
Basketball goals, backboards and nets shall not be allowed unless a variance is received from the Design Review
Committee. A variance would only be considered if the applicant can demonstrate that basketball hoop and
backboard is thoroughly screened from all neighbors' views and the basketball hoop and backboard would create
no adverse noise impact on any neighbor.
3.35 Swimming Pools and Pool Equipment. No pool may be erected, constructed or installed
without the prior written consent of the Design Review Committee. Above-ground pools are expressly prohibited.
All pool service equipment shall be fenced and located in either (a) a side yard between the front and rear
boundaries of the dwelling, or (b) in the rear yard adjacent to the dwelling; and shall not be visible from any
residential street within the Community Area.
3.36 Outside Lighting. All exterior lighting installed or maintained on any dwelling unit located
on a Lot shall be placed so that the light source is not visible from the dwelling on any neighboring Lot, any
Common Area, or the Clubhouse to be constructed on the Country Club Property. The Design Review Committee
may establish various standards for exterior lighting including, without limitation, standards for hue and intensity.
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3.37 Camping and Picnicking. No camping or picnicking shall be allowed within the Common
Areas except in areas designated for such purpose.
3.38 Prohibition On Use of Pesticides. Use of pesticides, herbicides, fertilizers and fungicides
shall be prohibited on that portion of any Lot located within twenty feet (20') of the River. The purpose of limiting
or prohibiting use of pesticides, herbicides, fertilizers, or fungicides on such portion of the Lots abutting the River
shall be to minimize the possible contamination from runoff of such chemicals into the River. Except as provided
above, the use of pesticides approved by the Design Review Committee shall be allowed three times annually for
the control of weeds. In addition to the foregoing, only natural organic based fertilizers shall be used on home
lawns and gardens. A maximum of three applications shall be allowed annually.
3.39 Fire Protection Systems. In the event that a dwelling unit or other Improvement constructed
upon a Lot is 4,800 square feet or larger, the Owner of such Lot shall be required to install a fire protection
sprinkler system within such dwelling unit or Improvement. Such fire protection sprinkler system shall be approved
by the Design Review Committee in accordance with all applicable fire codes and the terms and provisions hereof
or shall be installed in compliance with Design Guidelines previously established by the Design Review Committee.
3.40 Engineering and Soils Reports. Certain Lots may be subject to geologic and hydraulic
haz.ards. All Improvements shall require the submittal of an engineering report addressing soils and geology
conditions, foundation design and drainage prepared by a registered professional engineer. All Lot development,
including Improvement construction, shall be conducted in accordance with engineer's stipulations.
3.41 Irrigation Systems and Ditch Laterals. Declarant hereby discloses that certain irrigation
ditch laterals are currently located or may be constructed (a) within easements areas located upon certain Lots; (b)
upon Association Properties; or (c) in areas adjacent to certain Lots or Association Properties ("Ditch Laterals").
Declarant further discloses that as of the date of this Declaration and to the best of Declarant's knowledge, the
ownership of any and all water rights carried or to be carried in such Ditch Laterals is vested in the Country Club
Owner. In accordance with the foregoing, in no event shall the Association or any Owner be entitled to the right
of use of the Ditch Laterals, or any water flowing through such Ditch Laterals, except pursuant to a written
agreement (license) between the Association and the Country Club Owner. Accordingly, the Association shall have
the express right to enter into an agreement with the Country Club Owner which agreement may provide for the
right of use of water flowing through such Ditch Laterals by the Association and the Owners of Lots within the
Community Area. In no event shall any Owner be entitled to install irrigation systems which divert water from the
Ditch Laterals or make any modifications to the Ditch Laterals without the prior written approval of the Design
Review Committee. In addition, in no event shall any Owner obstruct or impede the flow of water through any
Ditch Lateral. Except as otherwise provided herein, no permanent or temporary Improvements (including, without
limitation, landscaping and fencing) shall be constructed by an Owner within or upon any Ditch Lateral or drainage
or irrigation easement located within, or adjacent to, the Community Area. In the event that an Owner desires to
construct any Improvement within or upon any such Ditch Lateral or drainage or irrigation easement, such Owner
shall submit the plans for such Improvements to the Design Review Committee in accordance with the terms and
provisions of Article 4 hereof. In the event the Design Review Committee approves the plans for the proposed
Improvements in accordance with the provisions of Article 4 hereof, the Owner of such Lot may construct such
Improvements in accordance with the plans approved by the Design Review Committee; provided, however, that
in the event that such Improvements are damaged or destroyed in any manner by the Association, the Country Club
Owner, or any agent, employee, contractor, subcontractor, concessionaire or invitee thereof, then the Owner of such
Lot shall be obligated to repair or replace such Improvement at such Owner's sole cost and expense. IN
ACCORDANCE WITH THE FOREGOING, AND NOTWITHSTANDING ANYTHING IN THIS
DECLARATION TO THE CONTRARY, IN NO EVENT SHALL THE ASSOCIATION OR THE COUNTRY
CLUB OWNER BE OBLIGATED FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCURRED BY ANY
OWNER FOR DAMAGE OR DESTRUCTION TO ANY IMPROVEMENT LOCATED WITHIN OR UPON ANY
DITCH LATERAL OR ANY DRAINAGE OR IRRIGATION EASEMENT AND THE CONSTRUCTION OF
ANY IMPROVEMENT WITHIN SUCH AREAS SHALL BE AT THE RISK OF SUCH OWNER. In the event
that an Owner desires to construct any Improvement within or upon any Ditch Lateral or any drainage or irrigation
easement Declarant and the Association hereby disclaim any obligation or potential liability regarding the
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maintenance, operation and repair of the Ditch Laterals except as may be provided by separate agreement between
the Country Club Owner and the Association. All Owners hereby assume any risk involved with respect to Ditch
Laterals and hereby acknowledge that neither the Association nor the Declarant shall have any responsibility or
liability-of-any-kind-to-any-0wner-who-incurs-any-ioss~ damage; cosi-or expense arising from or reiatecfto sucli
Ditch Laterals, including, but not limited to, any loss or damage caused by flooding. In accordance with the
foregoing, such Owners, on behalf of themselves and their successors and assigns, by acceptance of a deed,
acknowledge their assent to the provisions hereof, and hereby release Declarant and the Association, and each of
their officers, directors, partners, agents, employees, stockholders and contractors, from and against any and all
obligations, claims, demands, liabilities, costs, expenses, attorneys' fees, or causes of action of any kind
whatsoever, whether arising prior or subsequent to the date hereof, whether known or unknown, based upon, arising
out of, or in any manner related to, the Ditch Laterals.
3.42 Duplex Units. In addition to such other design criteria as the Design Review Committee may
establish, no duplex unit shall be constructed within the Community Area such that one unit located in the duplex
unit is the architectural mirror image of the adjacent unit in such duplex unit. In addition to the foregoing, in all
duplex units constructed in the Community Area, the floor area square footage of one unit within such duplex unit
shall not exceed forty percent (40%) of the total floor area square footage of the total two unit dwelling. Prior to
the approval of building plans by the Design Review Committee, the Owner of said duplex lot shall submit to the
Design Review Committee a "Duplex Common Area Agreement" for review and approval in accordance with the
terms and provisions of Article 4 hereof. Each Duplex Common Area Agreement shall provide for the allocation
of common costs and expenses among the Owners of units within such duplex unit, including costs or expenses
arising from or related to: (a} the damage or destruction of improvements or structures common to both units within
the duplex unit, including, but not limited to, the foundation of such duplex unit, supporting walls, ceilings and
roofs; (b) the maintenance, repair or replacement of utility systems which service both units within the duplex unit
including, but not limited to, water, sewer, electrical and gas systems; (c) the complete destruction of the duplex
unit; (d) the regular maintenance and upkeep of all exterior surfaces; and (e) such other matters which may be
peculiar to the particular duplex unit, including, but not limited to, the maintenance of yards and landscaping
common to both units comprising the duplex. The Design Review Committee shall have the authority to require
the Duplex Common Area Agreement to contain such additional terms and provisions as it deems reasonable or
practical. The same time periods and standards for the approval of Improvements shall apply to the Design Review
Committee's review of all Duplex Common Area Agreements submitted to the Design Review Committee
hereunder. Prior to issuance of a certificate of occupancy for a duplex unit constructed within the Community Area,
the Owner of the Lot upon which such duplex unit is constructed shall record in the records of the Clerk and
Recorder of the County the "Duplex Common Area Agreement" as approved by the Aspen Glen Design Review
Committee.
ARTICLE 4
ARCIDTECTURAL APPROVAL
4.1 Approval of Improvements Required. The approval of the Design Review Committee shall
be required for any Improvement to Property on any Lot, except (a) for any Improvement to Property made by
Declarant; (b) where approval is not reasonably required to carry out the purposes of this Declaration as determined
by the Design Review Committee; (c) where prior approval of Improvements to Property may be waived or certain
Improvements to Property may be exempted in writing or under written guidelines or rules promulgated by the
Design Review Committee, and (d) construction of Improvements pursuant to the Golf Course Easement.
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4.2 hnprovement to Property Defined. "Improvement to Property" requiring approval of the
Design Review Committee shall mean and include, without limitation, any of the following occurring within the
Community Area: (a) the construction, installation, erection, or expansion of any building, structure, or other
Improvement, including utility facilities and fences; (b) the demolition, destruction or removal, by voluntary action,
of any building, structure, tree, vegetation or other Improvement; (c) the grading, excavation, filling, or similar
disturbance to the surface of the land including, without limitation, change of grade, change of ground level, change
of drainage pattern, or change of stream bed; and (d) any change or alteration of any previously approved
Improvement to Property, including any change of exterior appearance, color, or texture occurring.
4.3 Membership of Committee. The Design Review Committee shall consist of five (5)
members, all of whom shall be initially appointed by Declarant. Declarant shall have the continuing right to appoint
all five (5) members during the Appointment Period (as hereinafter defined). During the period of development
of the Community Area while Declarant has rights to appoint members of the Design Review Committee, Declarant
shall give the Association written notice of the appointment or removal of any member of the Design Review
Committee. The "Appointment Period" shall mean the period of time commencing as of the date of Recordation
of this Declaration and continuing until the earliest to occur of the following events: (a) when all Lots which may
be created within the Community Area have been conveyed to Persons other than Declarant and certificates of
occupancy have been issued for the residences constructed thereon; or (b) when, in its discretion, Declarant
voluntarily relinquishes such right. Members of the Design Review Committee may but shall not necessarily be
Members of the Association. After expiration of the Appointment Period, members of the Design Review
Committee shall be appointed by the Board of Directors. Members of the Design Review Committee appointed by
the Board of Directors may be removed at any time by the Board, and shall serve for such term as may be
designated by the Board or until resignation or removal by the Board. After the expiration of the Appointment
Period, the Association may at any time and from time to time change the authorized number of members of the
Design Review Committee, but the number of members shall not be less than three (3).
4.4 Establislunent of Subcommittees. The Design Review Committee shall have the right to
establish subcommittees ("Covenant Committees") to review the modifications to Improvements upon Lots after the
initial construction thereof has been completed and a certificate of occupancy has been issued thereon, and for
enforcement of compliance with this Declaration and any Supplemental Declaration applicable to a Lot. For
purposes of this Declaration, all references to the Design Review Committee shall also refer to any Covenant
Committee established by the Design Review Committee. The procedures for establishment, the rights and duties
thereof, and the limitations thereon shall be established and adopted by the Design Review Committee.
4.5 Address of Design Review Committee. The address of the Design Review Committee shall
be at the principal office of the Association.
4.6 Required Approval by a Subassociation Design Committee. In addition to approval of
Improvements to Property by the Design Review Committee of the Association, the approval of an Improvement
to Property shall also be required by the Design Review Committee of any Subassociation if. and to the extent, such
approval is required by the Supplemental Declaration creating such Subassociation.
4. 7 Submission of Plans. Prior to submission of building plans to the County for a building
permit when applicable and prior to commencement of work to accomplish any proposed Improvement to Property,
the Person proposing to make such Improvement to Property ("Applicant") shall submit to the Design Review
Committee at its offices such descriptions, surveys, plot plans, drainage plans, elevation drawings, construction
plans, specifications, and samples of materials and colors as the Design Review Committee shall reasonably request
showing the nature, kind, shape, height, width, color, materials, and location of the proposed Improvement to
Property. The Applicant shall be entitled to receive a receipt for the same from the Design Review Committee or
its authorized agent. The Design Review Committee may require submission of additional plans, specifications,
or other information prior to approving or disapproving the proposed Improvement to Property. Until receipt by
the Design Review Committee of all required materials in connection with the propose.d Improvement to Property,
the Design Review Committee may postpone review of any materials submitted for approval.
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4.8 Criteria for Approval. The Design Review Committee shall approve any proposed
Improvement to Property only if it deems in its reasonable discretion that the Improvement to Property in the
location indicated will not be detrimental to the appearance of the surrounding areas of the Community Area as a
whole; that the appearance of the proposed Improvement to Property will be in harmony with the surrounding areas
of the Community Area; that the Improvement to Property will not detract from the beauty, wholesomeness, and
attractiveness of the Community Area or the enjoyment thereof by Owners; that the upkeep and maintenance of the
proposed Improvement to Property will not become a burden on the Association; and that the proposed Improvement
to Yroperty does not affect the drainage plan for the Community Area or any portion thereof. The Design Review
Committee may condition its approval of any proposed Improvement to Property upon the making of such changes
therein as the Design Review Committee may deem appropriate.
4.9 Design Guidelines The Design Review Committee may issue standards or rules ("Design
Guidelines") relating to the procedures, materials to be submitted, fees, and additional factors which will be taken
into consideration in connection with the approval of any proposed Improvement to Property. The Design
Guidelines may specify circumstances under which the strict application of limitations or restrictions under this
Declaration (which are not substantial or material in nature) will be waived or deemed waived in whole or in part
because of a change in applicable laws or because strict application of such limitations or restrictions would be
unreasonable or unduly harsh under the circumstances. The Design Guidelines may waive the requirement for
approval of certain Improvements to Property or exempt certain Improvements to Property from the requirement
for approval, if such approval is not reasonably required to carry out the purposes of this Declaration and such
Improvements are not substantial in nature.
4.10 Design Review Fee. The Design Review Committee may, in the Design Guidelines, provide
for the payment of a fee to accompany each request for approval of any proposed Improvement to Property. The
Design Review Committee may provide that the amount of such fee shall be uniform for similar types of any
proposed Improvement to Property or that the fee shall be determined in any other reasonable manner, such as based
upon the estimated cost of the proposed Improvement to Property. The Design Committee may further provide that
the amount of any such design review fee include engineering consultant and other fees reasonably incurred by the
Association in reviewing any proposed Improvement to Property.
4:11 Decision of Committee. Any decision of the Design Review Committee shall be made within
thirty (30) days after receipt by the Design Review Committee of all materials required by the Design Review
Committee, unless such time period is extended by mutual agreement. The decision shall be in writing and if the
decision is not to approve a proposed Improvement to Property, the reasons therefor shall be stated. The decision
of the Design Review Committee shall be promptly transmitted to the Applicant at the address furnished by the
Applicant to the Design Review Committee.
4.12 Failure of Committee to Act on Plans. Any request for approval of a proposed
Improvement to Property shall be deemed approved, unless disapproval or a request for additional information or
materials is transmitted to_ the_ ApplicanLby the_Ilesign-Re.Yiew Committee_ within thirty (30) days after-the date of
receipt by the Design Review Committee of all required materials.
4.13 Completion of Work After Approval. Following the approval of any proposed
Improvement by the Design Review Committee, the proposed Improvement shall be completed by such Owner: (a)
as promptly and diligently as possible but in no event in excess of the time periods set forth below; (b) in substantial
conformance with all plans and specifications and other materials presented to the Design Review Committee; and
(c) in accordance with any and all conditions imposed by the Design Review Committee. In accordance with the
foregoing; all -I1nprovements--approvetl-by-the-Design-Review-Committee-shall-be-completed-( a)-within 1 s-months
from the date of approval of such Improvements by the Design Review Committee; provided, however, that any
and all landscaping and/or gardening approved by the Design Review Committee which is related to the construction
of the initial dwelling unit for a Lot shall be completed within 180 days of the issuance of the certificate of
occupancy for such dwelling unit or within 18 months after the approval of the plans for such dwelling unit by the
Design Review Committee, whiCliever iS sooner; or (b) withiil such tiffie periOd-as the Design Review Committee
may othetwise prescribe. In all cases, the Design Review Committee must issue a "Notice of Satisfactory
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Completion of Improvement to Property" or a "Condtional Notice of Satisfactory Completion of Improvement to
Property" prior to the application for an issuance of a certificate of occupancy from the County. Failure to comply
with the terms and conditions of this provision shall constitute noncompliance with the terms and provisions of this
Declaration and the Association shall have the right to invoke all rights and remedies provided to the Association
hereunder, including, but not limited to, the imposition of fines and penalties in accordance with paragraph 8.17
hereof.
4.14 Notice of Completion. Upon completion of the Improvement to Property, the Applicant shall
give written Notice of Completion to the Design Review Committee. Until the date of receipt of such Notice of
Completion, the Design Review Committee shall not be deemed to have notice of completion of such Improvement
to Property.
4.15 Inspection of Work. The Design Review Committee or its duly authorized representative
shall have the right to inspect any Improvement to Property prior to or after completion, provided that the right of
inspection shall terminate fourteen (14) days after the Design Review Committee shall have received a Notice of
Completion from Applicant.
4.16 Notice of Satisfactory Completion of Improvement to Property. After inspection of the
Improvement to Property, the Design Review Committee will issue a Notice of Satisfactory Completion of
Improvement to Property if the Improvements were completed in conformity with the plan, description, and
materials furnished to and approved by the Design Review Committee, and any conditions imposed by the Design
Review Committee. Upon such receipt of Notice of Satisfactory Completion of Improvement to Property, the
Applicant may proceed to request a certificate of occupancy from the County.
4.17 Notice of Noncompliance. If, as a result of inspections or otherwise, the Design Review
Committee finds that any Improvement to Property has been done without obtaining the approval of the Design
Review Committee or was not done in complete conformity with the description and materials furnished to, and any
conditions imposed by, the Design Review Committee or was not completed within eighteen (18) months after the
date of approval by the Design Review Committee or such shorter period as specified herein or in writing by the
Design Review Committee, the Design Review Committee shall notify the Apj>licant in writinR of the
noncompliance, which notice shall be given, in any event, within fourteen (14) days after the Design Review
Committee receives a Notice of Completion from the Applicant. The notice shall specify the particulars of the
noncompliance and shall require the Applicant to take such action as may be necessary to remedy the
noncompliance. If a Notice of Noncompliance has been issued by the Design Review Committee, the Applicant
may post a Performance Guaranty, as herein after defined, sufficient to bring the Improvement to Property into
compliance with the Design Review Committee; provided however, that the Design Review Committee shall not
be required to accept such Performance Guaranty. Such Performance Guaranty must be in an amount sufficient
to remedy any noncompliance, as determined by the Design Review Committee in its sole and absolute discretion.
After posting such Performance Guaranty with the Association, the Design Review Committee may then issue a
Conditional Notice of Satisfactory Completion of Improvement to Property. Such Conditional Notice shall grant
authorization for the Applicant to request a certificate of occupancy from the County.
4.18 Performance Guaranty for Noncompliance or Incompletion. If the Applicant wishes to
apply for and obtain a certificate of occupancy from the County prior to completion of landscaping and/or prior to
correction of a minor noncompliance, the Applicant may request to post a bond, letter of credit or cash escrow in
an amount equal to the estimated cost of completing such work ("Performance Guaranty"); provided however the
Design Review Committee shall not be required to accept such Performance Guarantee. The Performance Guaranty
shall be used by the Association to ensure completion of such work in accordance with the time periods for
completion established hereunder and the plans for such work as approved by the Design Review Committee. The
form, content and terms of the Performance Guaranty shall be determined by the Design Review Committee in its
sole and absolute discretion. If the Design Review Committee accepts the Performance Guaranty for the completion
of landscaping and/or remedy of noncompliance, then the Design Review Committee shall issue a Conditional Notice
of Satisfactory Completion to Improvement to Property. Such Conditional Notice shall grant authorization for
Applicant to request a certificate of occupancy from the County. All premiums, costs and expenses related thereto
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shall be the obligation of the Owner. Any surety or financial institution issuing a payment and performance bond
or letter of credit hereunder shall be authorized to do business in Colorado and shall be acceptable to the Design
Review Committee. If any Owner fails to complete the landscaping work or fails to remedy the noncompliance,
in accordance with the provisions of the Declaration, subject to delays beyond the reasonable control of such Owner,
the Association is authorized under the provisions of the Declaration to enter upon the Lot of such Owner to
complete the landscaping work and or remedy the noncompliance in accordance with the plans therefore, draw upon
the Performance Guaranty for all costs incurred by the Association relating to the completion of the landscaping
work or relating to the remedy of noncompliance and levy a Reimbursement Assessment against such Owner for
all costs and expenses incurred by the Association in completing such landscape work or in remedying such
noncompliance which are not otherwise covered by the Performance Guaranty, including any costs and expenses
of collection and attorney's fees. Upon satisfactory completion of landscaping and/or remedy of noncompliance,
the Applicant shall give written Notice of Completion to the Design Review Committee as outlined in Article 4.14
herein. If the Design Review Committee finds the improvements satisfactory, a Notice of Satisfactory Completion
of Improvements to Property shall be issued by the Design Review Committee within fourteen (14) days of receipt
of Notice of Completion and any funds being held by the Association as a Performance Guarantee shall be released
to Applicant within seven (7) days of the issuance of the Notice of Satisfactory Completion of Improvements to
Property.
4.19 Failure of Committee to Act After Completion. If, for any reason other than the
Applicant's act or neglect, the Design Review Committee fails to notify the Applicant of any noncompliance within
fourteen (14) days after receipt by the Design Review Committee of written Notice of Completion from the
Applicant, the Improvement to Property shall be deemed in compliance if the Improvement to Property was, in fact,
completed as of the date of Notice of Completion and the Applicant may proceed to request a certificate of
occupancy from the County.
4.20 Appeal to Board of Directors of Finding of Noncompliance. If the Design Review
Committee gives any notice of noncompliance, the Applicant may appeal to the Board of Directors by giving written
notice of such appeal to the Board and the Design Review Committee within thirty (30) days after receipt of the
notice of noncompliance by the Applicant. If, after a notice of noncompliance, the Applicant fails to commence
diligently to remedy such noncompliance, the Design Review Committee shall request a finding of noncompliance
by the Board of Directors by giving written notice of such request to the Association and the Applicant within sixty
(60) days after delivery to the Applicant of a notice of noncompliance from the Design Review Committee. In
either event, the Board of Directors shall hear the maker in accordance with the provisions of the Bylaws for Notice
and Hearing, and the Board shall decide whether or not there has been such noncompliance and, if so, the nature
thereof and the estimated cost of correcting or removing the same.
4.21 Correction of Noncompliance. If the Board of Directors determines that a noncompliance
exists, the Applicant shall remedy or remove the same within a period of not more than forty-five (45) days from
the date of receipt by the Applicant of the ruling of the Board of Directors. If the Applicant does not comply with
the Board ruling within such period, the Board may, at its option, record a Notice of Noncompliance against the
real property on which the noncompliance exists, may enter upon such property and remove the noncomplying
Improvement to Property, or may otheiwise remedy the noncompliance, and the Applicant shall reimburse the
Association, upon demand, for all expenses incurred therewith. If such expenses are not promptly repaid by the
Applicant or Owner to the Association, the Board may levy a Reimbursement Assessment against the Owner of the
Lot for such costs and expenses. The right of the Association to remedy or remove any noncompliance shall be
in-addition-to-all-other-rights-and-remedies-which-the-Association-may-have-at-law; in-equity; or-under this--
Declaration. The Applicant and Owner of the Lot shall have no claim for damages or otherwise on account of the
entry upon the property and removal of the noncomplying Improvement to Property.
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4.22 No Implied Waiver or Estoppel. No action or failure to act by the Design Review
Committee or by the Board of Directors shall constitute a waiver or estoppel with respect to future action by the
Design Review Committee or the Board of Directors with respect to any Improvement to Property. Specifically,
the approval of the Design Review Committee of any Improvement to Property shall not be deemed a waiver of any
right or an estoppel to withhold approval or consent for any similar Improvement to Property or any similar
proposals, plans, specifications, or other materials submitted with respect to any other Improvement to Property.
4.23 Committee Power to Grant Variances. The Design Review Committee may authorize
variances from compliance with any of the provisions of this Declaration, including restrictions upon height, size,
floor area, or _Rlacement of structures or similar restrictions,_ when_ cjr.cumstances_ sitch_ as. topography-,-naturaL
obstructions, hardship, aesthetic or environmental consideration may require. Such variances must be evidenced
in writing and shall become effective when signed by at least a majority of the members of the Design Review
Committee. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to
have occurred with respect to the matter for which the variance was granted; provided, however, that the granting
of a variance shall not operate to waive any of the provisions of this Declaration for any purpose except as to the
particular property and particular provision hereof covered by the variance, nor shall the granting of a variance
affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the
property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by
any governmental authority having jurisdiction.
4.24 Meetings of Committee. The Design Review Committee shall meet from time to time as
necessary to perform its duties hereunder. The Design Review Committee may from time to time, by resolution
in writing adopted by a majority of the members, designate a Committee Representative (who may but need not be
one of its members) to take any action or perform any duties for or on behalf of the Design Review Committee,
except the granting of approval to any Improvement to Property and granting of variances. The action of such
Committee Representative within the authority of such Committee Representative or the written consent or the vote
of a majority of the members of the Design Review Committee shall constitute action of the Design Review
Committee.
4.25 Records of Actions. The Design Review Committee shall report in writing to the Board of
Directors all final actions of the Design Review Committee, and the Board shall keep a permanent record of such
reported action.
4.26 Estoppel Certificates. The Board of Directors shall, upon the reasonable request of any
interested Person and after confirming any necessary facts with the Design Review Committee, furnish a certificate
with respect to the approval or disapproval of any Improvement to Property or with respect to whether any
Improvement to Property was made in compliance herewith. Any Person, without actual notice to the contrary,
shall be entitled to rely on said certificate with respect to all matters set forth therein.
4.27 Nonliability of Committee Action. There shall be no liability imposed on the Design
Review Committee, any member of the Design Review Committee, any Committee Representative, the Association,
any member of the Board of Directors, or Declarant for any loss, damage, or injury arising out of or in any way
connected with the performance of the duties of the Design Review Committee unless due to the willful misconduct
of the party to be held liable. In reviewing any matter, the Design Review Committee shall not be responsible for
reviewing, nor shall its approval of an Improvement to Property be deemed approval of the Improvement to
Property from the standpoint of safety, whether structural or otherwise. or conformance with building codes or other
governmental laws or regulations. In accordance with the foregoing, any Owner seeking the approval of the Design
Review Committee for any matter shall provide the Design Review Committee with a written waiver reaffirming
the foregoing and -releasing the Design Review Committee, any Member of the Design Review Committee, any
Committee Representative, the Association, any member of the Board of Directors and the Declarant from any and
all liability arising from or related to the Design Review Committee's approval of such Improvement.
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4.28 Construction Period Exception. During the course of actual construction of any permitted
structure or Improvement to Property, and provided construction is proceeding with due diligence, the Design
Review Committee shall temporarily suspend the provisions contained in this Declaration as to the property upon
which the construction is taking place to the extent necessary to permit such construction, provided that, during the
course of any such construction, nothing is done which will result in a violation of any of the provisions of this
Declaration upon completion of construction and nothing is done which will constitute a nuisance or unreasonable
interference with the use and enjoyment of other property. The Design Review Committee shall promulgate rules
and regulations concerning the use of temporary sanitary facilities and trash dumpsters, type of construction vehicles
allowed on and use of the streets, roads, and rights-of-way located within the Community Area and Association
Properties, and other activities associated with the construction of Improvements to Property, provided said rules
and regulations shall not interfere with the rights existing under the Permitted Exceptions.
ARTICLE 5
ASSOCIATION PROPERTIES
5.1 Member's Rights of Use and Ettjoyment Generally. Unless otherwise provided in this
Declaration, all Members, their immediate family, dependents, and their guests may use the Association Properties,
subject to the provisions of the Rules aod Regulations.
5.2 Allocation of Interests in Common Elements and Association Properties. The undivided
interest of each Owner in the Association Properties, including the undivided interest of each Owner in the
Association Common Areas, shall be expressed as a percentage, the numerator of which shall be one and the
denominator of which shall be the number of Lots located in the Community Area at any given time.
5.3 Right of Association to Regulate Use. The Association, acting through the Board, shall
have the power to regulate use of Association Properties to further enhance the overall rights of use and enjoyment
of all Members through the promulgation of the Rules aod Regulations, subject to the rights contained in the Golf
Course Easement.
5.4 No Partition of Association Properties. No Owner shall have the right to partition or seek
partition of the Association Properties or any part thereof.
5.5 Liability of Owners for Damage by Member. Each Owner shall be liable to the Association
for any damage to Association Properties or for any expense or liability incurred by the Association which may be
sustained by reason of the negligence or willful misconduct of such Owner or any Person using the Association
Properties through such Owner and for any violation by such Owner or aoy such Person of this Declaration or any
Rule and Regulation adopted by the Association. Each Owner shall indemnify aod hold the Association harmless
from any and all loss, damage, expense, or liability arising from any negligence or willful misconduct of any Owner
or Persons using the Association Properties through such Owner. The Association shall have the power, as
elsewhere provided in this Declaration, to levy and collect a Reimbursement Assessment against a Member, after
Notice and Hearing, to cover the costs and expenses incurred by the Association on account of any such damage
or any such violation of this Declaration or of such Rules and Regulations or for any increase in insurance premiums
directly attributable to any such damage or any such violation.
5.6 Association Duties if Damage, Destruction, or Required Improvements. In the event of
damage to Association Properties by fire or other casualty or in the event any governmental authority shall require
any repair, reconstruction, or replacement of any Association Properties, the Association shall have the duty to
repair, reconstruct, or replace the same, to the extent funds are available to do so. Any insurance proceeds payable
by reason of damage or destruction of Association Properties by fire or other casualty shall be paid to the
Association and shall be used, to the extent necessary, to pay the costs of repair, reconstruction, or replacement.
If funds from insurance proceeds or from reserves for replacement are insufficient to pay all costs of repair,
reconstruction, or replacement of improvements damaged or destroyed, or if the Association is required to make
repairs, replacements, or improvements by governmental authorities, the Association may, in order to make up any
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deficiency in the insurance proceeds or to pay for the required repair, replacement, or improvement, levy a Special
Assessment in accordance with Section 9.18, or if a Member or group of Members is liable for such damage, levy
a Reimbursement Assessment against the Member or group of Members responsible therefor, to provide the
additional funds necessary. Repair, reconstruction, or replacement of Association Properties shall be done under
such contracting and bidding procedures as the Association shall determine are appropriate. If insurance proceeds
available to the Association on account of damage or destruction exceed the cost of repair, reconstruction, and
replacement, the Association may use the same for future maintenance, repair, improvement, and operation of other
Association Properties or any other use deemed appropriate by the Board.
5.7 Association Powers in the Event of Condemnation. If any Association Properties or
interests therein are taken under exercise of the power of eminent domain or by private purchase in lieu thereof,
the award in condemnation or the price payable shall be paid to the Association, except to the extent payable to any
other Person with an interest in such property, including any Mortgagee of such property. The Association shall
have the exclusive right to participate in such condemnation proceedings and to represent the interests of all Owners
or other Persons therein. Any award or funds received by the Association shall be held by the Association in the
Maintenance Fund as_ determined_ by_ the-Board,-as. a-reserve-for-future maintenance; repair-, reconstruction, or-
replacement of Association Properties or may be used for Improvements or additions to or operation of Association
Properties or such other uses deemed appropriate by the Board. Except as may otherwise be provided by the Act,
no Owner shall be entitled to participate as a party or otherwise in any condemnation proceedings nor to receive
any proceeds therefrom.
5.8 Title to Association Properties on Dissolution of Association. In the event of dissolution
of the Association, the Association Properties shall, to the extent permitted by law and reasonably possible, be
conveyed or transferred to an appropriate public, governmental or quasi-governmental agency or organization or
to a nonprofit corporation, association, trust, or other organization, to be used, in any such event, for the common
benefit of Owners for similar purposes for which the particular Association Property was held by the Association.
To the extent the foregoing is not possible, the Association Properties shall be sold or disposed of and the proceeds
from the sale or disposition shall be distributed to Members in proportion to each Member's interest in the
Association Properties as heretofore allocated.
5.9 Roaring Fork River. Jn accordance with certain rights of the general public to use navigable
streams and to the extent the Community Area shall abut the River, the terms and provisions of this Declaration
shall be subject to the rights of the general public to use the River for passage through the Community Area by use
of flotation devices only, in accordance with the terms and provisions of a dedication heretofore executed by
Declarant.
5.10 Title to Country Club Property. Neither the Association nor any Owner shall have any
right, title or interest whatsoever in the Country Club Property or the operations conducted on the Country Club
Property, including, but not limited to, equity rights, prescriptive easements, use rights to use the improvements,
or the right to the continued operation of any improvements located on the Country Club Property, except for those
limited ingress/egress rights across certain specific areas of the Country Club Property expressly provided in the
License Agreement. Notwithstanding the foregoing, every Owner of a Lot within the Community Area shall be
permitted-to-become a-member-of-any-golf-or-country--club-being-opers.ted -on-the-Country-Club -Property; provided;
however, that such Owners shall be subject to the same membership requirements, fees and dues structures and such
other rules and regulations as are applicable to other members of such club or facility.
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ARTICLE 6
DECLARANT'S RIGHTS AND RESERVATIONS
6.1 Period of Declarant's Rights and Reservations. Declarant shall have, retain, and reserve
certain rights as hereinafter set forth with respect to the Association and the Association Properties from the date
hereof, until (a) the time that the last Lot which may be created within the Community Area has been sold and
conveyed by Declarant to persons other than Declarant and a certificate of occupancy has been issued for the
residence_ constntcted-there.on, -or-(b )-the-date-which-is -thirty-{30}-years-from-Recordation-of-this-Declaration,
whichever event occurs first. The rights and reservations hereinafter set forth shall be deemed excepted and
reserved in each conveyance of property by Declarant to the Association whether or not specifically stated therein
and in each deed or other instrument by which any property within the Community Area is conveyed by Declarant.
The rights, reservations, and easements hereinafter set forth shall be prior and superior to any other provisions of
this Declaration and may not, without Declarant's prior written consent, be modified, amended, rescinded, or
affected by any amendment of this Declaration. Declarant's consent to any one such amendment shall not be
construed as consent to any other subsequent amendment.
6.2 Right to Construct Additional hnprovements on Association Properties. Declarant shall
have and hereby resetves the right, but shall not be obligated to, construct additional Improvements on Association
Properties at any time and from time to time in accordance with this Declaration for the improvement and
enhancement thereof and for the benefit of the Association and Owners. Declarant shall convey or transfer such
Improvements to the Association and the Association shall be obligated to accept title to, care for, and maintain the
same as Association Properties as elsewhere provided in this Declaration.
6.3 Declarant's Rights to Use Association Properties in Promotion and Marketing of
Community Area. Declarant shall have and hereby reserves the right to reasonable use of the Association
Properties and of services offered by the Association in connection with the promotion and marketing of the
Community Area. Without limiting the generality of the foregoing, Declarant may (a) erect and maintain on any
part of the Association Properties such signs, temporary buildings, and other structures as Declarant may reasonably
deem necessary or proper in connection with the promotion, development, and marketing of real property within
the Community Area; (b) use vehicles and equipment on Association Properties for promotional purposes; (c) permit
prospective purchasers of property within the boundaries of the Community Area who are not Owners or Members
of the Association to use Association Properties at reasonable times and in reasonable numbers; (d) refer to the
Association Properties and to the Association and services offered by the Association in connection with the
development, promotion, and marketing of property within the boundaries of the Community Area; (e) to maintain
sales offices, management offices and models within the Community Area upon Lots owned by Declarant in such
siz.es and at such locations as determined by Declarant in its sole and absolute discretion.
6.4 Declarant's Rights to Complete Development of Community Area. No provision of this
Declaration shall be construed to prevent or limit Declarant's rights to complete development of property within the
boundaries of the Community Area; to construct or alter Improvements on any property owned by Declarant within
the Conununity Area, including temporary buildings; to maintain model homes, temporary buildings, construction
trailers, or offices for construction or sales purposes, or similar facilities on any property owned by Declarant or
owned by the Association within the Community Area; or to post signs incidental to development, construction,
promotion, marketing, or sales of property within the boundaries of the Community Area. Nothing contained in
this Declaration shall limit the right of Declarant or require Declarant to obtain approvals (a) to excavate, cut, fill.
or grade any property owned by Declarant or to construct, alter, demolish, or replace any Improvements on any
property owned by Declarant; (b) to use any structure on any property owned by Declarant as a construction, model
home, or real estate sales office in connection with the sale of any property within the boundaries of the Community
Area; or (c) to require Declarant to seek or obtain the approval of the Design Review Committee or of the
Association for any such activity or Improvement to Property on any property owned by Declarant. Nothing in this
Declaration shall limit or impair the reserved rights of Declarant as elsewhere provided in this Declaration.
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6.5 Declarant's Approval of Conveyances or Changes in Use of Association Properties. Until
such time as Declarant has lost the right to appoint members of the Design Review Committee as provided in
Section 4.3 hereof, the Association shall not, without first obtaining the prior written consent of Declarant, convey,
change, or alter the use of Association Properties, Mortgage the Association Properties, or use Association
Properties other than solely for the benefit of Members or as otherwise specifically allowed hereunder.
6.6 Declarant's Rights to Grant and Create Easements. Declarant shall have and hereby
reserves the right to grant or create temporary easements or to relocate existing easements for (a) access to and
egress from or through the Community Area (including, without limitation, access to the Country Club Property
or Public River Parks); (b) utilities, including, but not limited to, water, sewer and electrical lines, (c) drainage,
including, but not limited to, drainage and ditch lateral easements; (d) additioll'al specific easements pursuant to the
Golf Course Easement; (e) access across private roads located within the Community Area to the Annexable
Property; and (t) other purposes incident to the development and sale o'f the Community Area (collectively the
"Easements"). Such Easements may be located by Declarant in, on, under, over, and across Lots within the
Community Area so long as such easements do not lie within any Building Envelope. Declarant shall further have
the right to grant to public or quasi-public entities the right to construct certain storage or other similar facilities
on the Common Areas in connection with the provision of utilities or other services to the Community Area. Any
such facilities so located, and all distribution lines located in any easements created pursuant to the provisions
hereof, or otherwise, shall, in all events, belong to the provider of such services.
6. 7 Declarant's Rights to Convey Additional Property to Association. Declarant shall have
and hereby reserves the right, but not the obligation to, convey additional real property and Improvements thereon
to the Association at any time and from time to time in accordance within this Declaration.
6.8 Annexation of Additional Properties.
6.8.1 Right to Annex Additional Property. Declarant shall have and hereby
reserves the right, for a period of thirty (30) years from the date of the Recording of this
Declaration to annex the Annexable Property to the Community Area. In accordance with the
foregoing, each Owner of a Lot hereunder hereby grants to Declarant the right to annex the
Annexable Property to the Community Area and to modify such Owner's right to the Common
Area accordingly, as more particularly set forth in this Paragraph 6.8. Notwithstanding the
foregoing, Declarant is authorized to convey portions of the Annexable Property as it may acquire,
prior to its annexation hereto, to such third party or parties as it may deem appropriate, whether
for purposes consistent with the Declaration or otherwise. Declarant makes no assurances that
all or any portion of the Annexable Property will be added to this Declaration and Declarant
reserves the right to annex all or any portion of the Annexable Property to the Community Area
in any order it deems fit in its sole and absolute discretion. Any such annexation shall not make
or constitute any amendment or modification to this Declaration except as may otherwise be
provided herein. The annexation of additional real property to the Community Area shall be
accomplished by the filing for record by Declarant with the Clerk and Recorder of the County,
and the county in which the Annexable Property is located if different than the County, a
Supplemental Declaration containing a legal description of the land area to be added to the
Community Area, together with any Supplemental Plats applicable thereto. The Supplemental
Declaration shall incorporate the covenants, conditions and restrictions set forth herein and contain
such additional covenants, conditions and restrictions as may be applicable to the property annexed
thereby, including any special or particular uses thereof. In addition, the Supplemental
Declaration shall provide whether or not the Lots located in the property annexed thereby (the
"Annexed Property') shall be subject to the jurisdiction of a Subassociation or shall not be subject
to the jurisdiction of a Subassociation. The annexation of the Annexable Property may be
accomplished by successive Supplemental Declarations, in no particular or pre-established order,
and may provide that the property annexed thereby is to be phased so that it is to be made subject
to this Declaration at different times. Any such Supplemental Declaration may impose on the
Annexed Property described therein additional covenants, conditions, restrictions, limitations,
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reservations, exceptions, equitable servitudes, and other provisions than those set forth in this
Declaration, taldng into account the unique and particular aspects of the proposed development
of the Annexed Property covered thereby. Furthermore, the Declarant shall have the right to
reserve in such Supplemental Declaration any such development right which is necessary or
appropriate to complete the development of the Annexed Property or which is otherwise necessary
to meet the unique and particular aspects of the Annexed Property. A Supplemental Declaration
may provide for a Subassociation of Owners within the Annexed Property described in the
Supplemental Declaration and for the right of the Subassociation to assess such Owners. Upon
Recordation of a Supplemental Declaration, the Annexed Property shall be subject to all of the
covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes, and
other provisions set forth in this Declaration, except to the extent specifically stated in the
Supplemental Declaration, but in no event shall the covenants, conditions and restrictions of such
Supplemental Declaration be less stringent than those set forth herein.
6.8.2 Effect of Expansion. In the event any real property is annexed to the
Community Area as provided herein, the definitions used in this Declaration shall be automatically
expanded to encompass and refer to the Community Area as expanded; e.g., "Community Area"
shall mean the real property described herein plus any additional real property annexed thereto;
similarly, "Common Area" and "Lots" shall include those areas as described herein as well as
those so designated on any Supplemental Declaration or Supplemental Plat relating to any real
property which is annexed pursuant to this Paragraph 6.8. References to this Declaration shall
mean this Declaration as so supplemented by any Supplemental Declaration. Every Owner of a
Lot in the area annexed to the Community Area shall, by virtue of ownership of such annexed
property and upon recordation of the Supplemental Declaration annexing such property to the
Community Area, be a member of the Association and shall be entitled to the same rights and
privileges and subject to the same duties and obligations as any other Association Member. The
recording of the Supplemental Declaration with the Clerk and Recorder of the County, and the
county in which the annexed property is located (if different than the County), shall operate
automatically to grant, transfer, and convey to all Owners of Lots located within the Community
Area, and Owners of Lots within the annexed property thereto, their respective, appurtenant,
undivided rights, titles, interests, privileges, duties and obligations in and to both the existing
Common Area and any additional common area added to the existing Common Area by virtue of
such annexation, if any. Annual assessments for Lots within the area annexed to the Community
Area shall commence as of the date of the Recording of the Supplemental Declaration and shall
be prorated as of such date. Upon the annexation of any Annexable Property to the Community
Area, each Owner's undivided interest in the Common Areas and the Association Properties shall
be reallocated in accordance with the provisions of Section 5.2 hereof. Upon recording of the
Supplemental Declaration and any other supplemental plat with the Clerk and Recorder of the
County; aml-Uie-cuunty-in which the annexed-property is iocated-ifdlfferent than the County, the
additional Lots and Common Area shall be subject to the terms and provisions of this Declaration.
6.9 Annexation of Additional Unspecified Real Estate. Declarant hereby reserves the right,
for a period of thirty years from the date of the recording of this Declaration, to annex additional, unspecified real
estate to the Community Area to the fullest extent permitted by the Act. In the event that Declarant elects to annex
such additional property, Declarant shall annex such property to the Community in accordance with the provisions
of this Declaration entitled "Annexation of Additional Properties."
6.10 Withdrawal of Annexed Property. Annexed Property for which a Supplemental Declaration
has been Recorded may be withdrawn from the Community Area and from this Declaration by Declarant at any time
prior to the time any Lot contained therein has been conveyed to a third party. Such withdrawal may be
accomplished by the execution, acknowledgment, and Recordation of a Notice of Withdrawal. The Notice of
Withdrawal (a) shall be executed and acknowledged by the Owner of the Annexed Property; (b) shall, if the
Annexed Property is not then owned by Declarant, contain the executed and acknowledged written consent of
Declarant for so long as Declarant owns any property in the Community Area and has the power to annex additional
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property to the Community Area; (c) shall contain an adequate legal description of the Annexed Property; (d) shall
contain a reference to the Supplemental Declaration for the Annexed Property which reference shall state the date
thereof, the date of Recordation thereof, and the book and page of the Records in the office of the Clerk and
Recorder of the county where the Supplemental Declaration was Recorded; and (e) shall contain a statement and
declaration that the Annexed Property is withdrawn from the Community Area and shall not be thereafter subject
to this Declaration or the Supplemental Declaration for the Annexed Property. The withdrawal shall be effective
upon Recordmg orthe Notice of Withdrawal and, upon Recording of the Notice of Withdrawal, the annexed
property described therein shall no longer be part of the Community Area or subject to this Declaration or to the
Supplemental Declaration for the Annexed Property.
6.11 Expansion or Contraction of Annexable Property. Subject to any limitations of the Act,
the Annexable Property may be expanded or contracted to add or delete real property effective upon the Recordation
of a written instrument, executed by Declarant, describing such real property and declaring that such real property
shall thereafter be added to or deleted from the Annexable Property.
6.12 Creation of Drainage Easements. Notwithstanding anything set forth herein to the contrary,
Declarant shall have the right to enter into such easements and rights-of-way which provide for the use of the
Association and Owners to certain drainage facilities that may be located outside the Community Area. Such
easements may contain the obligation of the Association to bear a proportionate cost of constructing and maintaining
any such facilities that are for the benefit of the Association, including, without limitation the construction and
maintenance of drainage ponds and lakes located on the Country Club Property. The existence of such easements
shall in no way be construed as creating any rights of Owners to use or gain access to such ponds or lakes. As of
the date of this Declaration it is contemplated that the Association will bear thirty percent (30 % ) of the costs and
expenses related to the maintenance and repair of those drainage ponds, facilities and lakes located on the Country
Club Property and which benefit the Community Area and that the Country Club Owner shall bear the remaining
seventy percent (70 % ) of such costs and expenses.
6.13 Featured Builders. Subject to the provisions of Article 4 hereof, Featured Builders shall
have the right to construct or alter Improvements on any Lots owned by the Featured Builder within the Community
Area provided it has first received the approval from the Design Review Committee, including temporary buildings;
to maintain model homes or offices for construction purposes, or similar facilities on any property owned by any
Featured Builder within the Community Area; or to post a sign subject to the approval of the Design Review
Committee incidental to the development or construction of property within the boundaries of the Community Area.
Notwithstanding the foregoing, nothing contained herein shall obligate Declarant to designate any Owner or
homebuilders as a Featured Builder hereunder and the designation of any person or entity as a "Featured Builder"
shall be in Declarant's sole and absolute discretion. In no event shall the terms and provisions hereof be construed
to obligate Declarant to implement or, once initiated, continue the Featured Builder program contemplated hereby
and the implementation and/or continuation of such Featured Builder program shall be in Declarant's sole discretion.
DECLARANT, ON BEHALF OF ITSELF AND THE ASSOCIATION HEREBY DISCLAIMS ANY
REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED RELATED TO THE
DESIGNATION OF ANY PERSON OR ENTITY AS A FEATURED BUILDER HEREUNDER. IN
ACCORDANCE WITH THE FOREGOING, THERE SHALL BE NO LIABILITY IMPOSED ON THE DESIGN
RRVIEW COMM!TIEE, ANY MEMBER OF THE DESIGN REVIEW COMMITTEE, ANY COMMITTEE
REPRESENTATIVE, THE ASSOCIATION, ANY MEMBER OF THE BOARD OF DIRECTORS OR
DECLARANT WHICH ARISES FROM OR IS RELATED TO THE DESIGNATION OF ANY PERSON OR
ENTITY AS A FEATURED BUILDER.
6.14 Conversion of Common Areas to Lots. Declarant shall have the right to convert any
Common Areas specifically identified on the Plat or any Supplemental Plat as convertible properties into Lots owned
by Declarant subject to the terms and provisions of the P.U.D. for Aspen Glen.
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6.15 Subdivision of Lots. Declarant shall have and hereby reserves the right to resubdivide the
space within any Lot located within the Community Area to create additional Lots; provided, however, that the
maximum number of Lots within the Community Area shall not exceed 643 until such time as Declarant has caused
the annexation of the Additional Annexable Property, or any portion thereof, to the Community Area; and provided
further that such subdivision is completed in compliance with County subdivision requirements. Upon the
resubdivision of any Lot in accordance with the terms and conditions contained herein, each Owners undivided
interest in the Common Areas and the Association Properties shall be reallocated in accordance with the provisions
of Section 5.2 hereof.
6.16 Expansion of Permitted Property Uses. Notwithstanding anything to the contrary contained
herein, Declarant reserves the right to expand the permitted uses for Lots provided in Section 3.2 hereof provided
that such uses: (a) are consistent with Declarant's overall development plan for the Community Area; (b) are
consistent with the P.U.D. for Aspen Glen as the same may be amended from time to time; and (c) are in
accordance with County rules, regulations, requirements and approvals.
ARTICLE 7
ASSOCIATION OPERATION
7 .1 Association. The Association has been formed as a Colorado nonprofit corporation under
the Colorado Nonprofit Corporations Act. The Association has been organized prior to the date the first Lot is
conveyed to a Purchaser, as that term is defmed in the Act. The Association shall have the duties, powers, and
rights set forth in the Act, the Colorado Nonprofit Corporation Act. this Declaration and in its Articles of
Incorporation and Bylaws. As more specifically set forth hereinafter, the Association shall have a Board of
Directors to manage its affairs. Except as may be provided herein, the Articles of Incorporation or the Bylaws,
the Board of Directors shall be elected by Owners acting in their capacity as Members of the Association.
7 .2 Association Board of Directors. The affairs of the Association shall be managed by a Board
of Directors. The number, term, and qualifications of the Board of Directors shall be fixed in the Articles of
Incorporation and Bylaws. The Board of Directors may, by resolution, delegate portions of its authority to officers
of the Association, but such delegation of authority shall not relieve the Board of Directors of the ultimate
responsibility for management of the affairs of the Association. Action by or on behalf of the Association may be
taken by the Board of Directors or any duly authorized executive committee, officer, agent, or employee without
a vote of Members, except as otherwise specifically provided in this Declaration.
7 .3 Membership in Association. Each Owner of a Lot within the Community Area shall be a
Member of the Association. There shall be one Membership in the Association for each Lot within the Community
Area. The Person or Persons who constitute the Owner of a Lot shall automatically be the holder of the
Membership appurtenant to that Lot, and the Membership appurtenant thereto shall automatically pass with fee
simple title to the Lot. Declarant shall hold a Membership in the Association for each Lot owned by Declarant.
Membership in the Association shall not be assignable separate and apart from fee simple title to a Lot except that
an Owner may assign some or all of his rights as an Owner and as a Member of the Association to a tenant or
Mortgagee and may arrange for a tenant to perform some or all of such Owner's obligations as provided in this
Declaration, but no Owner shall be permitted to relieve himself of the responsibility for fulfillment of the obligations
of an Owner under this Declaration.
7.4 Voting Rights of Members. Each Member shall have the right to cast one vote for each
Lot owned by such Member in accordance with the Bylaws, provided in no event shall there be more than one (1)
vote per Lot. If title to a Lot is owned by more than one (I) Person, such persons shall collectively vote their
interest as a single vote. Notwithstanding the foregoing. Declarant shall be entitled to select and appoint, in its sole
discretion. Directors, in accordance with the Bylaws (the "Declarant's Control Period"), until the expiration of the
Declarant's Control Period as hereinafter provided; provided, however, that not later than sixty (60) days after
conveyance of twenty-five percent (25 % ) of the total number of Lots that may be created within the Community
Area by Declarant to Owners other than Declarant, at least one Member, and not less than twenty-five percent
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(25 % ) of the Members of the Board of Directors must be elected by Owners other than Declarant and that no later
than sixty (60) days after the conveyance of fifty percent (50%) of the total number of Lots that may be created
within the Community Area to Owners other than Declarant, not less than thirty-three and one-third percent (33-
1/3 % ) of the Members of the Board of Directors must be elected by Owners other than Declarant. The Declarant's
Control Period shall cease on the happening of any of the following events, whichever occurs earlier: (a) when
seventy-five percent (75 % ) of the total number of Lots that may be created within the Community Area have been
conveyed to Persons other than Declarant and certificates of occupancy have been issued for residences constructed
thereon; (b) two (2) years after the last conveyance of a Lot by Declarant in the ordinary course of business; (c) two
(2) years after any right to add new units was exercised by Declarant; or (d) when, in its discretion, Declarant so
determines.
7.5 Determination of Member Voting Privileges. Notwithstaoding anything to the contrary
contained herein, only Members whose voting rights are in good staoding under the Association's Bylaws (e.g.,
voting rights which have not been suspended as provided therein) shall be entitled to vote on Association matters.
In accordance therewith, any and all provisions contained herein requiring the approval of a requisite percentage
of Members of the Association shall be deemed satisfied when the requisite percentage of Members entitled to vote
has been met.
7 .6 Registration of Owners. Each Owner shall register with the Association upon such Owner's
acquisition of a Lot within the Community Area. Such registration shall be completed by such Owner at the time
such Owner closes the purchase of a Lot within the Community Area and shall be delivered to the Association
within seven days of the date of such closing. Such registration shall be in a form prescribed by the Association
and shall include: (!)a mailing address where notices or demands intended to be served UJ>On such Owner may be
mailed by the Association; (2) a designation of a voting representative for such Lot; and (3) an acknowledgement
that such Owner has: (a) received a copy of this Declaration and the Bylaws of the Association; (b) that such Owner
has read and understaods the same; and (c) that such Owner is bound by the terms and provisions of the Declaration
and the Bylaws.
ARTICLE 8
DUTIES AND POWERS OF ASSOCIATION
8.1 General Duties and Powers of Association. The Association has been formed to further
the common interests of the Members. The Association, acting through the Board or Persons to whom the Board
has delegated such powers, shall have the duties and powers hereinafter set forth and, in general, the power to do
anything that may be necessary or desirable to further the common interests of the Members, to maintain, improve,
and enhance the common interests of the Members, to maintain, improve, and enhance Association Properties, and
to improve and enhance the attractiveness, aesthetics, and desirability of the Community Area.
8.2 Duty to Accept Property and Facilities Transferred by Declarant. The Association shall
accept title to any real property, including any Improvements thereon and personal property transferred to the
Association by Declarant, and equipment related thereto, together with the responsibility to perform any and all
Administrative and Public Functions associated therewith, provided that such property and functions are not
inconsistent with the terms of this Declaration. Property interests transferred to the Association by Declarant may
include fee simple title, easements, leasehold interests, and licenses to use. Any property or interest in property
transferred to the Association by Declarant shall be within the boundaries of the Community Area; provided,
however, that Declarant shall be entitled to transfer and convey the beneficial use of an easement, subciect to, any
obligations thereunder, located outside of the Community Area but which benefits the Association and the Owners.
Any property or interest in property transferred to the Association by Declarant shall, except to the extent otherwise
specifically approved by resolution of the Board of Directors, be transferred to the Association free and clear of
all monetary obligations, liens and encumbrances (other than the lien of property taxes and assessments not then
due and payable), but shall be subject to the terms of this Declaration, and easements, covenants, conditions,
restrictions, and equitable servitudes or other encumbrances of record. Except as otherwise specifically approved
by resolution of the Board of Directors, no property or interest in property transferred to the Association by
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Declarant shall impose upon the Association any obligation to make monetary payments to Declarant or any affiliate
of Declarant, including, but not limited to, any purchase price, rent, charge, or fee.
8.3 Landscaping Easement. Declarant hereby establishes, grants and otherwise conveys, for
the benefit of itself and the Association a nonexclusive easement for landscaping maintenance purposes over that
portion of the Lots fronting the streets, roads and rights-of-way within the Community Area. In accordance with
the foregoing, the Association shall have the right, but not the obligation, to install landscaping and irrigation
facilities in areas designated for such purposes on the Plat or any Supplemental Plat annexing property to the
Community Area (the "Landscaping Easement"). Declarant and the Association shall have the right, hut not the
obligation, to plant, maintain, and replace landscaping within any portion of the Landscaping Easement as it
determines, for any period that it desires. Further, Declarant and\or the Association can commence or terminate
its landscaping maintenance, for any portion of the Landscaping Easement, as it chooses, and can recommence or
cease landscaping maintenance from time to time, in its sole discretion. During any period Declarant or the
Association chooses not to maintain the landscaping within all or any portion of the Landscaping Easement, the
Owners of Lots for such areas shall have the obligation to maintain the landscaping within the Landscaping
Easement, in accordance with the provisions of Section 3. I of this Declaration. Should any Owner fail to maintain
the landscaping within the Landscaping Easement, during a period in which the Association is not maintaining such
landscaping, the Association shall have the right to enter onto such Lot Owners property and maintain the
landscaping, and charge such Lot Owner with the cost of such maintenance, as provided in Section 3.1.
8.4 Duty to Manage and Care for Association Properties. The Association shall manage,
operate, care for, maintain, and repair all Association Properties and keep the same in an attractive and desirable
condition for the use and eajoyment of the Members.
8.5 Duty to Pay Taxes. The Association shall pay all taxes and assessments levied upon the
Association Properties and all taxes and assessments payable by the Association. The Association shall have the
right to contest any such taxes or assessments provided that the Association shall contest the same by appropriate
legal proceedings which shall have the effect of preventing the collection of the tax or assessment and the sale or
foreclosure of any lien for such tax or assessment and provided that the Association shall keep and hold sufficient
funds to pay and discharge the taxes and assessments, together with any interest and penalties which may accrue
with respect thereto, if the contest of such taxes is unsuccessful.
8.6 Duty to Maintain Casualty Insurance. The Association shall obtain and keep in full force
and effect at all times, to the extent reasonably obtainable, property insurance on all insurable Association
Properties, including, but not limited to, improvements and personal property owned by the Association or that must
be owned by the Association in the future. Such insurance shall be for broad form covered causes of loss,
including, casualty, fire, and extended coverage insurance with respect to all insurable Improvements and personal
property owned by the Association including, if available at reasonable cost, coverage for vandalism and malicious
mischief and, if available and if deemed appropriate, coverage for flood, earthquake, and war risk. Such insurance
shall, to the extent reasonably obtainable, be for the full insurable replacement cost of the insured property, less
applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavation,
foundations and other items normally excluded from property policies.
8. 7 Duty to Maintain Liability Insurance. The Association shall obtain and keep in full force
and effect at all times, to the extent reasonably obtainable, general liability insurance against claims and liabilities
arising in connection with the ownership, existence, use, or management of the Association Properties and covering
public_ Jiabjlity_ for_ hodily_ injur}'-and_ property_ damage-and,-if the-.A.ssociation-owns-or-operates-motor-vehicles1
public liability for bodily injury and property damage arising as a result of the ownership and operation of motor
vehicles. Such liability insurance for other than motor vehicle liability shall, to the extent reasonably obtainable,
(a) have limits of not less than Five Hundred Thousand Dollars ($500,000.00) per person and One Million Dollars
($!,000,000.00) per occurrence; (b) insure the Board, the Association, the Manager, if any, and their respective
employees, agents and all Persons acting as agents; (c) include the Declarant as an additional insured in such
Declarant's capacity as a Member or Board member; (d) include the Members as an additional insured, but only
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for claims and liabilities arising in connection with the ownership, existence, use or management of Association
Properties; and (e) cover claims of one or more insured parties against other insured properties.
8.8 General Provisions Respecting Insurance. Insurance obtained by the Association may
contain such deductible provisions as good business practice may dictate. If the insurance described is not
reasonably available, or if any policy of such insurance is cancelled or renewed without a replacement policy
therefor having been obtained by it, the Association shall promptly cause notice of that fact to be delivered to all
Members. The Association may carry any other type of insurance it considers appropriate in amounts it deems
appropriate, to insure the interests of the Association. Insurance policies carried pursuant to Sections 8.5 and 8.6
shall provide that (a) each Member is an insured Person under the policy with respect to liability arising out of such
Member's interest in the Association Properties or membership in the Association; (b) the insurer waives its right
of subrogation under the policy against the Association, each Member, and any Person claiming by, through, or
under such Member or any other director, agent, or employee of the foregoing; (c) no act or omission by any
Member, unless acting within the scope of such Member's authority on behalf of the Association, will void the
policy oic be a condition-to recovery umlerlhe-pulicy; and (d) ifanhe ii me of a loss under the policy, there is other
insurance in the name of a Member covering the same risk covered by the policy, the Association's policy shall be
the primary insurance. The Association may adopt and establish written nondiscriminatory policies and procedures
relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To
the extent the Association settles claims for damages to real property, it shall have the authority to assess negligent
OWners causing sucli lOss or benefiting from such repair or restoration for all deductibles paid by the Association.
Insurance obtained by the Association shall, to the extent reasonably possible, and provided Declarant reimburses
the Association for any additional premium payable on account thereof, name Declarant as an additional insured
and shall contain a waiver of rights of subrogation as against Declarant. Insurance policies and insurance coverage
shall be reviewed at least annually by the Board of Directors to ascertain whether coverage under the policies is
sufficient in light of the current values of the Association Properties and in light of the possible or potential liabilities
of the Association. The aforementioned insurance may be provided under blanket policies covering the Association
Properties and property of Declarant. In no event shall insurance covernge obtained or maintained by the
Association be bought into contribution with insurance purchased by Owners, occupants or their Mortgagees.
8.9 Maintenance of Fidelity Insurance. In the event the Board of Directors delegates its powers
with respect to collection, deposit, transfer, or disbursement of Association funds to other persons or to a managing
agent, as authorized by these Bylaws and the Colorado Common Interest Ownership Act, then in connection with
such delegation of powers, the Board of Directors shall require
a. That the other persons or managing agent maintain fidelity insurance coverage or a bond in an amount
not less than $50,000 or such higher amount as the Board of Directors or Executive Committee may require;
b. That the other persons or managing agent maintain all funds in accounts of the Association separate from
the funds and accounts of other associations managed by the other persons or managing agent and maintain all
reserve accounts of each association so managed separate from operational accounts of the Association; and
c. That an annual accounting for Association funds and a financial statement be prepared and presented to
the Association by the managing agent, a public accountant, or a certified public accountant.
8.10 Other Insurance and Bonds. The Association shall obtain such other insurance as may be
required by law, including workmen's compensation insurance, and shall have the power to obtain such other
insurance and such fidelity, indemnity, or other bonds as the Association shall deem necessary or desirable.
8.11 Duty to Prepare Budgets. The Association shall prepare Budgets for the Association as
elsewhere provided in this Declaration.
8.12 Duty to Levy and Collect Assessments. The Association shall levy and collect Assessments
as elsewhere provided in this Declaration.
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8.13 Duty to Keep Association Records. The Association shall keep financial records sufficiently
detailed to enable the Association to comply with the Act, including, but not limited to, financial records sufficiently
detailed to provide a statement setting forth the amount of any unpaid Assessments currently levied against an
Owner.
8.14 Duties with Respect to Design Review Committee Approvals. The Association shall
perform functions to assist the Design Review Committee as elsewhere provided in this Declaration.
8.15 Power to Acquire Property and Construct Improvements. The Association may acquire
property or interests in property for the common benefit of Owners including Improvements and personal property.
The Association may construct Improvements on property and may demolish existing Improvements.
8.lli l'owe.-!o~AdoptRules~and~Regulations. The Association may adopt, amend, repeal, and
enforce Rules and Regulations as may be deemed necessary or desirable with respect to the interpretation and
implementation of this Declaration, the operation of the Association. the use and enjoyment of Association
Properties, and the use of any other property within the Community Area, including Lots. Any such Rules and
Regulations shall be effective only upon adoption by resolution of the Board of Directors. Notice of the adoption.
amendment, or repeal of any Rule or Regulation shall be given in writing to each Member at the address for notices
to Members as elsewhere provided in this Declaration or the Bylaws, and copies of the currently effective Rules
and Regulations shall be made available to each Member upon request and payment of the reasonable expense of
copying the same. Each Member shall comply with such Rules and Regulations and shall see that Persons claiming
through such Member comply with such Rules and Regulations. Such Rules and Regulations shall have the same
force and effect as if they were set forth in and were part of this Declaration. In the event of conflict between the
Rules and Regulations and the provisions of this Declaration, the provisions of this Declaration shall prevail. Such
Rules and Regulations may contain provisions relating to control over limiting access to the Community Area to
Owners, their guests and invitees, establishing traffic safety and parking regulations and a system of fines for
noncompliance, provided in no event shall the Rules and Regulations limit or prohibit access of guests, invitees,
or employees of the Country Club Owner, or interfere, restrict or amend the rights and privileges granted in the
Golf Course Easement.
8.17 Power to Enforce Declaration and Rules and Regulations. The Association shall have the
power to enforce the provisions of this Declaration and the Rules and Regulations and shall take such action as the
Board deems necessary or desirable to cause such compliance by each member and each Person claiming by,
through, or under such Member ("Related User"). Without limiting the generality of the foregoing, the Association
shall have the power to enforce the provisions of this Declaration and the Rules and Regulations by any one or more
of the following means: (a) by entry upon any property within the Community Area after Notice and Hearing (unless
a bona fide emergency exists), without liability to the Owner thereof or the Association, for the purpose of
enforcement or causing compliance with this Declaration or the Rules and Regulations; (b) by commencing and
maintaining actions and suits to restrain and enjoin any breach or threatened breach of the provisions of this
Declaration or the Rules and Regulations, by mandatory injunction or otheiwise; ( c) by commencing and maintaining
actions and suits to recover damages for breach of any of the provisions of this Declaration or the Rules and
Regulations; ( d) by suspension, after Notice and Hearing, of the voting rights of a Member during and for up to
ten (JO) days following any breach by such Member or a Related User of such Member of this Declaration or the
Rules-and-Regulations~ unless the breach is a continuing breach in which case such suspension shail-continue for
so long as such breach continues; (er by ievying and-coilecting, after Notice and-Hearing, a ReiinDursement
Assessment against any Member for breach of this Declaration or the Rules and Regulations by such Member or
Related User of such Member; and (f) uniformly applied fines and penalties, established in advance in the Rules
and Regulations of the Association, from any Member or Related User for breach of this Declaration or the Rules
and Regulations by such Member or Related User of such Member. In the event that the Association fails to
enforce the provisions of this Declaration as provided for herein, each Member shall, upon thirty (30) days written
notice to the Association, have the power (a) to enforce the provisions hereof by commencing and maintaining
actions and suits to restrain and enjoin any breach or threatened breach of the provisions of this Declaration, by
mandatory injunction or otheiwise; or (b) to commence or maintain actions and suits to recover damages for breach
of any of the provisions of this Declaration.
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8.18 Power to Grant Easements. The Association shall have the power to grant access, utility,
drainage, water facility, and such other easements in, on, over, or under Association Properties as it deems
necessary or desirable for the benefit of the Community Area. The Association shall have the further power to
designate portions of the Association Properties as limited common elements for the benefit of specific Lot owners.
8.19 Power to Convey and Dedicate Property to Goverrunental Agencies. The Association,
with the approval of Members representing at least eighty percent (80%) of the Owners entitled to vote (exclusive
of the Declarant), shall have the power to grant, convey, dedicate, or transfer any Association Properties or facilities
to any public, governmental or quasi-governmental agency or authority for such purposes and subject to such terms
and conditions as the Association shall deem appropriate, subject to the provisions elsewhere contained in this
Declaration for approval of the same by Declarant with respect to property transferred to the Association by
Declarant. Further, to the extent that any easement or right-of-way is required under or across any Association
Properties which would not impair or hinder the use thereof, the Association shall have the right to grant or convey
the same without the consent of the Members.
8.20 Power to Borrow Money and Mortgage Property. The Association shall have the power
to borrow money and, with the approval of Members representing at least eighty percent (80 % ) of the Owners
entitled to vote (exclusive of the Declarant), to encumber Association Properties as security for such borrowing,
subject to provisions elsewhere contained in this Declaration with respect to required approvals and consents to such
action. An Agreement to convey, or subject the Association Properties to a security interest in accordance with this
Section and Section 8.18 above shall be evidenced by the execution of an agreement, or ratification thereof, in the
same manner as a deed, by the requisite number of Owners. The agreement shall specify a date after which the
agreement will be void unless Recorded before that date and shall be effective upon Recordation.
8.21 Power to Engage Employees, Agents, and Consultants. The Association shall have the
power to hire and discharge employees and agents and to retain and pay for management, (e.g., management
company), legal and accounting services as may be necessary or desirable in connection with the performance of
any duties or the exercise of any powers of the Association under this Declaration.
8.22 General Corporate Powers. The Association shall have all of the ordinary powers and rights
of a Colorado corporation formed under the Colorado Nonprofit Corporation Act, including, without limitation,
entering into partnership and other agreements, subject only to such limitations upon such powers as may be set
forth in this Declaration or in the Articles of Incorporation or Bylaws. The Association shall also have the power
to do any and all lawful things which may be authorized, required, or permitted to be done under this Declaration
or the Articles of Incorporation or Bylaws and to do and perform any and all acts which may be necessary or
desirable for, or incidental to, the exercise of any of the express powers or rights of the Association under this
Declaration and the Articles of Incorporation or Bylaws.
8.23 Power to Provide Public Functions. The Association shall have the power to acquire,
construct, operate, manage, maintain, repair, and replace public facilities and to provide Public Functions as defined
in this Declaration The Association may enter into such cooperative agreements and arrangements as it may deem
necessary and appropriate with any provider of utilities or public services to Owners, including any special
municipal or quasi-municipal districts created for the purpose of providing such services.
K24 Power to Provide Services to Subassociations. The Association shall have the power to
provide services to Subassociations. Such services to any Subassociation shall be provided pursuant to an agreement
in writing between the Association and such Subassociation which shall ]Jrovide for the ()ayment by such
Subassociation to the Association of the reasonably estimated expenses of the Association of providing such services
to the Subassociation including a fair share of the overhead expenses of the Association. Services which may be
provided to a Subassociation may include, without limitation, (a) the construction, care, operation, management,
maintenance, repair, and replacement of Improvements owned by the Subassociation; (b) the providing of Public
Functions to the area covered by the Subassociation; ( c) the enforcement of the provisions of any Supplemental
Declaration for, on behalf of, and in the name of the Subassociation; (d) the collection of assessments for, in the
name of, and on behalf of a Subassociation; (e) the payment of taxes for a Subassociation with funds of the
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Subassociation; (t) the obtaining of insurance for a Subassociation; (g) the collection of charges for use of facilities
of a Subassociation; and (h) the appointment and supervision of a Manager or Managers for a Subassociation.
8.25 Power to Provide Special Services to Members. The Association shall have the power to
provide services to a Member or group of Members. Any service or services to a Member or group of Members
shall be provided pursuant to an_agreemenL in_ writ in~ -Of-through-one-or-more -Supplemental-Dec!arations., \Vhich
shall provide for payment to the Association by such Member or group of Members of the reasonably estimated
costs and expenses of the Association of providing such services, including a fair share of the overhead expenses
of the Association and shall contain reasonable provisions assuring that the obligation to pay for such services shall
be binding upon any heirs, personal representatives, successors and assigns of the Member or group of Members
and that the payment for such services shall be secured by a lien on the property of the Member or group of
Members.
8.26 Power to Charge for Association Properties, Facilities and Services. The Association shall
have the power to establish reasonable and uniformly applied charges for the use of Association Properties, facilities
and services. The charges may include reasonable admission or other fees for any special or extraordinary use of
Association Properties, facilities or services of the Association such as special parking privileges, special recreation
facilities, conference rooms, instruction, day care or child care services, or similar uses beyond the ordinary use
of Association Properties, facilities, and services. Such charges or fees shall be set forth in schedules of charges
and fees adopted from time to time by the Board of Directors. No fees or charges shall be levied on members,
guests, or invitees of the Country Club Property for their ingress or egress across the Common Areas, as provided
in the Golf Course Easement.
8.27 Power to Employ Managers. The Association shall have the power to retain and pay for
the services of a Manager or Managers, which may be an affiliate of Declarant, to undertake any of the management
or Administrative Functions, Recreation Functions, or Public Functions for which the Association has responsibility
under this Declaration to the extent deemed advisable by the Association, and may delegate any of its duties,
powers, or functions to any such Manager. Any contract or agreement with any such Manager shall be terminable
by the Association for cause on no more than thirty (30) days prior written notice, and shall be terminable by the
Association without cause and without payment of a termination fee on no more than ninety (90) days prior written
notice. Any such contract or agreement shall be for a term of no more than one (1) year and may be subject to
renewal for succeeding terms of no more than one (!)year each. Notwithstanding any delegation to a Manager of
any duties, powers, or functions of the Association, the Association and its Board of Directors shall remain
ultimately responsible for the performance and exercise of such duties, powers, and functions.
8.28 Powers Provided by Law. In addition to the above-referenced powers, the Association shall
have full power to take and perform any and all actions \.\'hich may be lawfully taken by the Association under the
Colorado Nonprofit Corporation Act and the Colorado Common Interest Ownership Act.
ARTICLE 9
ASSESSMENTS, BUDGETS, AND FUNDS
9.1 Maintenance Funds To Be Established. The Association may establish and maintain the
following separate Maintenance Funds: (a) an Administrative Functions Operating Fund; and (b) an Administrative
Functions Reserve Fund. The Maintenance Funds shall be established as one or more trust savings or trust checking
accounts at any financial institution in which deposits are insured by an agency of the federal government.
Notwithstanding anything else to the contrary contained herein, in no event shall the Association be required to apply
any surplus funds of the Association remaining after payment of or provision for common expenses, or any
prepayment of or provision for reserves, against any Members' future Common Assessment or return such surplus
funds to the Members.
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9.2 Establishment of Other Funds. The Association may establish other funds as and when
needed. Nothing herein shall limit, preclude, or impair the authority of the Association to establish other funds for
specified purposes authorized by this Declaration. If the Association establishes any additional funds, the Board
shall designate an appropriate title for the fund to distinguish it from other funds maintained by the Association.
9.3 Deposit of Common Assessments to Maintenance Funds. Monies received by the
Association from Common Assessments shall be deposited in the Maintenance Fwids in accordance with the
following provisions: (a) there shall be deposited to the Administrative Functions Operating Fund that portion of
the Common Assessments which, according to the Association Budget for the year, was budgeted for operating costs
and expenses of the Administrative and Public Functions; and (b) there shall be deposited to the Administrative
Functions Reserve Fund that portion of the Common Assessments which were budgeted for the Reserve Fund for
Administrative and Public Functions.
9.4. Other. De.posits-to.Maintenanc.e Funds.. The 1\ssociation shall·depasit manieg. received by
the Association from sources other than Common Assessments in the Maintenance Fund determined by the Board
of-Directors-to-be-most-appropriat~ For-example; the-Reimbursement-A~-essments-shall-be-deposited-to-the-
Maintenance Fund from which the costs and expenses were or will be paid which form the basis for the
Reimbursement Assessments; and Special Assessments for capital repairs, maintenance, replacements, and
Improvements shall be deposited to the Reserve Fund from which such capital costs have been or will be paid.
Interest and late charges received on account of delinquent assessments may be allocated among the Maintenance
Funds in the same proportions as the delinquent assessments were allocated or, at the discretion of the Board of
Directors, may be allocated to any one or more of the Maintenance Funds or other funds.
9.5 Disbursements from Maintenance Funds. All amounts deposited in the Maintenance Funds
shall be used solely for the common benefit of all the Members for purposes authorized by this Declaration.
Disbursements from particular Maintenance Funds shall be limited to specified purposes as follows: (a)
disbursements from the Administrative Functions Operating Fund may be made for such purposes as are necessary
or proper under this Declaration, except those purposes for which disbursements are to be made from other
Maintenance Funds; and (b) disbursements from the Administrative Functions Reserve Fund shall be made solely
for purposes of funding those Administrative Functions \Vhich cannot be expected to recur on an annual or more
frequent basis.
9.6 Authority for Disbursements. The Board shall have the authority to make or to authorize
an agent to make disbursements of any monies in the Maintenance Fund.
9. 7 Common Assessments. For each calendar year, the Association may levy Common
Assessments against Owners of the Lots. Each Owner shall be obligated to pay the Common Assessments levied
against-and-a-llocated-to -sush -0\vner-and -the-Lot-of-such-Owner, as-hereinafter-provided;
9.8 Apportionment of Common Assessments. For purposes of assessing the Common
Assessments, each Lot shall constitute one (I) Unit regardless of the size, value, location, or use of such Lot. The
amount of the Common Assessment for any year, payable by the Owner of such Lot, shall be computed by
multiplying the total amount to be raised by the Common Assessments for that year, as shown in the Association
Budget for that year, by a percentage (rounded to the nearest one-tenth of one percent (0.1 %)),derived from a
fraction, the numerator of which is one (1) and the denominator of which is the total number of Lots in the
Community Area as of the first day of that calendar year.
9.9 Funding of Reserve Funds. The Board, in budgeting and levying assessments, shall
endeavor, whenever possible, to fund the Administrative Functions Reserve Fund by regularly scheduled payments,
included as part of the Common Assessments, rather than by large Special Assessments. Amounts in the
Administrative Functions Reserve Fund may be used in the discretion of the Board of Directors, from time to time,
for any purpose for which a Common or Special Assessment may be used.
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9.10 Supplemental Common Assessments. Subject to the provision of Section 9.14 hereof, if
the estimated sums prove inadequate for any reason, including nonpayment of any Owner's Common Assessment,
the Board may, from time to time, levy a Supplemental Common Assessment for any of the Maintenance Funds.
Such Supplemental Common Assessment shall be assessed against the Owner of each Lot, in the same manner
Common Assessments are originally assessed each year by the Board with respect to the particular Maintenance
Fund. Written notice of any change in the amount of any annual Common Assessment shall be sent to every Owner
subject thereto, not less than thirty (30) days prior to the effective date of such change.
9.11 Annual Budgets. The Board of Directors shall cause to be prepared, at least sixty (60) days
prior to the commencement of each calendar year, a Budget for such calendar year, including a reasonable provision
for contingencies and deposits into the Administrative Functions and Reserve Funds. The Budget shall show, in
reasonable detail, the categories of expenses and the amount of expenses in each Maintenance Fund, and shall reflect
any expected income of the Association for the coming calendar year and any expected surplus from the prior year
and any existing surplus in any Reserve Fund. The Budget may include an amount for contingencies and amounts
deemed necessary or desirable for deposits to create, replenish, or add to the proper Reserve Fund for major capital
repairs, replacements, and improvements for Association Properties. Within thirty (30) days after the adoption of
any Budget, the Board shall cause a copy of the Budget to be distributed to each Member, shall cause a copy of the
Budget to be posted at the principal office of the Association, and shall set a date for a meeting of the Owners to
consider ratification of the Budget not less than fourteen (14) nor more than sixty (60) days after mailing or other
delivery of the summary. Such meeting may be concurrent with the annual meeting of Members as provided in the
Bylaws. Unless at that meeting a majority of the Owners entitled to vote reject the Budget, the Budget shall be
deemed ratified, whether or not a quorum is present. In the event the Budget is rejected, the periodic Budget last
ratified by the Owners must be continued until such time as the Owners ratify a subsequent Budget proposed by the
Board. In the event the Association does not have an address for any Member, such posting shall be deemed
delivered to any such Member. At such time as the Association publishes a newsletter for Members, the Budget
shall be published in such newsletter. Copies of the Budget shall be made available by the Association to any
Members requesting a copy of the same upon payment of the reasonable expense of copying the same.
9.12 No Disbursements To Abate Adjoining Nuisances or Zoning Amendments. Nothing in
this Declaration shall be construed so as to permit the Association to use any Assessments to abate any annoyance
or nuisance emanating from outside the physical boundaries of the Community Area or to dispute any change to the
zoning or assessment of any property adjacent to or outside the boundaries of the Community Area.
9, 13 Supplemental Administrative Functions and Recreation Functions Common Assessments.
If the Board levies a Common Assessment in an amount less than the Maximum Common Assessment for any
calendar year, the Board by majority vote may thereafter levy one or more supplemental common assessments
during such calendar year, if it detennines that the important and essential functions of the Association cannot be
funded by such lesser Common Assessments.
9.14 Member Approval of Increase in Maximum Common Assessment. If the Board of
Directors, by majority vote, determines that the important and essential functions of the Association will not be
properly funded in any one year or in any one year and subsequent years by the amount of the Maximum Common
Assessment, it may call a meeting of Members entitled to vote requesting approval of a specified increase in the
Maximum Common Assessment, or either of them, for either one year or for that one year and one or more of all
subsequent years. An increase in the Maximum Common Assessment for any one year or for any one year and all
subsequent years shall require the approval of Members representing a majority of the Owners entitled to vote
(exclusive of the Declarant).
9.15 Commencement of Common Assessments/Community Areas. Subject to the provisions
of Section 9 .13 of this Declaration, Common Assessments shall commence and be due and payable as to each Lot
within the Community Area twelve (12) months following the date of Recordation of the first Deed conveying a Lot
within the Community Area. The initial Common Assessments for the first calendar year that Common
Assessments are levied shall be prorated on the basis of the number of days in such calendar year remaining from
the date of commencement of such Common Assessments to the end of such calendar year. For the purposes of
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this-Declarationj the Common-1\sses-sment-for-the-first-calendar-year-shall-be-$603~08-per-Lot-(the-"Initiaf-
Assessment").
9.16 Payment of Assessment. Except for the Initial Assessment, Common Assessments shall be
due and payable in advance to the Association by the assessed Member on or before the first day of each calendar
month, or in such other manner and on such other dates as the Board of Directors may designate in its sole and
absolute discretion. Notice of the amount of the Common Assessments shall be given to each Member prior to
January I of each year.
9.17 Failure to Fix Assessment. The failure by the Board of Directors to levy an Assessment
for any year shall not be deemed a waiver or modification with respect to any of the provisions of this Declaration
or a release of the liability of any Member to pay Assessments, or any installment thereof, for that or any
subsequent year. No abatement of the Common Assessment or any other Assessment shall be claimed or allowed
for inconvenience or discomfort arising from the making of repairs or Improvements to Association Properties or
from any action taken to comply with any law or any determination of the Board of Directors or for any other
reason.
9.18 Special Assessments for Capital Expenditures. In addition to Common Assessments, the
Board of Directors may, subject to the provisions of this Section, levy Special Assessments for the purpose of
raising funds not otherwise provided under the Budget from Common Assessments to construct or reconstruct,
repair, or replace capital Improvements upon Association Properties, including necessary personal property related
thereto; to add to the Association Properties; to provide for necessary facilities and equipment to offer the services
authorized in this Declaration; or to repay any loan made to the Association to enable it to perform the duties and
functions authorized in this Declaration. The Board of Directors shall not levy Special Assessments without the vote
of the Members representing at least a majority of the Owners of Lots subject to the Special Assessment who are
entitled to vote. The Association shall notify Members in writing of the amount of any Special Assessment and of
the manner in which, and the dates on which, any such Special Assessment is payable and the Members shall pay
any such Special Assessment in the manner so specified.
9.19 Reimbursement Assessments. The Board of Directors may, subject to the provisions hereof,
levy an Assessment against any Member if the willful or negligent failure of the Member or a Person claiming
through the Member to comply with this Declaration, the Articles of Incorporation, the Bylaws, or the Rules and
Regulations shall have resulted in the expenditure of funds by the Association to cause such compliance including,
but not limited to, court costs and attorneys' fees. Such Assessment shall be known as a Reimbursement
Assessment and shall be levied only after Notice and Hearing. The amount of the Reimbursement Assessment shall
be due and payable to the Association thirty (30) days after notice to the Member of the decision of the Board of
Directors that the Reimbursement Assessment is owing.
9.20 Late Charges and Interest. If any Common Assessment, Special Assessment, or
Reimbursement Assessment or any installment thereof is not paid when due, the Member obligated to pay the
Assessment may be required to pay a reasonable late charge to be determined by the Board. Any Assessment or
installment of an Assessment which is not paid when due shall bear interest from the date said Assessment was due
at the hig)Iest rate then established by statute in Colorado for interest on damages for personal injury or on_
judgments in other actions, whichever is higher, but in no event less than eighteen percent (18 %) per annum simple
interest.
9.21 Attribution of Payments. If any installment of a Common Assessment payment is less than
the amount assessed and the payment does not specify the Maintenance Fund or Funds into which it should be
deposited, the receipt by the Association from that Owner shall be credited in the following order of priority: (a)
to the Administrative Functions Reserve Fund until that portion of the Common Assessment has been satisfied; and
(b)-to-the i\dministrs.tive-Funetions-Operating-Fund; In-each-of-the-foregoing-cases, receipts shall-be-credited-first-
to interest, attorneys' fees and other costs of collection, and next to principal reduction, satisfying the oldest
obligations first, followed by more current obligations, in accordance with the foregoing order of priority.
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9.22 Notice of Default. Except as otherwise provided herein, if any Common Assessment, Special
Assessment, or Reimbursement Assessment or any installment thereof is not paid within ten (10) days after its due
date, the Board of Directors may, but shall not be obligated to, mail a notice of default ("Notice of Default") to the
Owner and to each first Mortgagee of the Lot who has requested a copy of the notice. The notice shall specify (a)
the fact that the installment is delinquent; (b) the action required to cure the default; (c) a date, not less than thirty
(30) days from the date the notice is mailed to the Member, by which such default must be cured; and (d) that
failure to cure the default on or before the date specified in the notice may result in (i) acceleration of the balance
of the Assessment or the installments of the Assessment for the then current calendar year, if applicable, and (ii)
the filing and foreclosure of the lien for the Assessment against the Lot of the Member. The notice shall further
inform the Member of any right to cure the default and of any right to bring a court action to assert the nonexistence
of a default or any other defense of the Member. If the delinquent Assessment and any late charges or interest
thereon are not paid in full on or before the date specified in the notice, the Board, at its option, may declare all
of the unpaid balance of the Assessment to be immediately due and payable without further demand, if applicable,
and may enforce the collection of the Assessment and all charges and interest thereon in any manner authorized by
law in this Declaration, subject to the protection afforded to Mortgagees under this Declaration.
9.23 Remedies to Enforce Assessments. Each Assessment levied hereunder shall be a separate,
distinct, and personal debt and obligation of the Owner or Member against whom the same is assessed. In the event
of a default in payment of any Assessment or installment thereof, whether Common, Special, or Reimbursement,
the Board may, in addition to any other remedies provided under this Declaration or by law, enforce such obligation
on behalf of the Association by suit or by filing and foreclosure of a lien as hereinafter provided.
9.24 Lawsuit to Enforce Assessments. The Board may bring a suit at law to enforce any
Assessment obligation. Any judgment rendered in such action shall include any late charges, interest, and other
costs of enforcement, including reasonable attorneys' fees in the amount as the court may adjudge, against the
defaulting Owner or Member.
9.25 Lien to Enforce Assessments. Pursuant to and in accordance with the Act, the Association
shall have a statutory lien on a Lot for any Assessment levied against that Lot, or fines imposed against its Owner,
from the time the Assessment or fine becomes due. All fees, charges, late charges, attorneys' fees, fines and
interest outstanding from such Owner shall be included in such lien. The lien created hereby and under the Act
shall be prior to any declaration of homestead rights Recorded after the time that the Lot becomes a part of the
Community Area and shall have the priority attached to such lien under the Act and under Colorado law. The lien
shall continue until the amounts secured thereby and all subsequently accruing amounts are fully paid or otherwise
satisfied. Unless paid or otherwise satisfied, the lien may be foreclosed in the manner for foreclosure of mortgages
in the State of Colorado or in any other manner provided under Colorado law.
9.26 Estoppel Certificates. Upon the written request of any Member and any Person with, or
intending to acquire, any right, title, or interest in the Lot of such Member, the Association shall furnish a written
statement setting forth the amount of any Assessments or other amounts, if any, due and accrued and then unpaid
with respect to a Lot and the Owner thereof, and setting forth the amount of any Assessment levied against such
Lot which is not yet due and payable. Such statement shall, with respect to the Person to whom it is issued, be
conclusive against the Association and all Persons for all purposes, that no greater or other amounts were then due
or accrued and unpaid and that no other Assessments have been levied.
9.27 No Offsets. All Assessments shall be payable in the amounts specified in the levy thereof,
and-no-offsets-or-reduction-thereof-shs.ll-be-permittcd-for-any reason-including; without-limitation; any-claim-that-
the Association or the Board of Directors is not properly exercising its duties and powers under this Declaration.
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ARTICLE 10
SPECIAL PROVISIONS
10.1 Wetlands Protection. All areas determined by the County or any governmental agency
having jurisdiction over the Community Area to be wetlands will be designated as such on the applicable Final Plat.
All areas designated as wetlands on any such Final Plats or as exhibits to deeds containing wetlands shall be
preserved in their present natural character and condition to as great a degree as possible. In furtherance of this
objective, Declarant imposes the following additional restrictions:
10.1. l No removal of trees and shrubs shall be allowed within areas designated
as wetlands;
10.1.2
designated as wetlands;
No domestic animals of any kind shall be allowed to graze in areas
10.1.3 No filling or excavating of any kind shall be allowed in areas designated
as wetlands;
10.1.4 No activity within the wetlands that will modify or in any way change
tlie cliaracter oftlie wetlands sliatroe allOwect;
10.1.5 The land designated as wetlands shall not be subdivided or have its
exterior boundaries changed in any way;
10.1.6
designated as wetlands.
No Building Envelope for any Lot shall be located within any area
10.2 Air Quality Restrictions. In order to protect against the degradation which occurs to air
quality as a result of the utilization of wood-burning devices, the following restrictions are imposed:
10.2.1 No open hearth solid fuel fireplaces will be allowed anywhere within
any new dwelling units located with the Community Area.
10.2.2 All dwelling units within the Community Area will be allowed an
unrestricted number of natural gas burning fireplaces or appliances.
10.2.3 All dwelling units within the Community Area will be allowed one (I)
new wood-burning stove as defined by C.R.S. 25-7-401 et seq.,and the regulations promulgated
thereunder.
10.2.4 The foregoing air quality instructions shall be included as plat notes on
all Final Plats of the Property.
10.3 Fencing. No fences along or adjacent to Lot lines shall be allowed on any Lots west of
County Road 109, and such other Lots on which such fences are prohibited by plat restrictions or notes or by the
Design Review Committee in its sole discretion. Further, plats may contain restrictions against placement or types
of fencing pennitted on certain Lots which abut the Country Club Property.
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10.4 Duration and Enforceability. The restrictions set forth in this Article 10 shall constitute
covenants running with the Community Area and shall be binding upon Declarant and the Owners and all other
persons and parties claiming through the Declarant or Owners and shall be for the benefit of and limitations upon
all future Owners of the Property. Notwithstanding any other provision of this Declaration, all use restrictions set
forth in this Article 10 may be set forth in individual deeds to Lots and shall be enforceable in perpetuity and shall
not be amended or terminated by action of the Owners or Declarant nor by any provision for termination of this
Declaration. The restrictions of these special environmental use restrictions shall be enforceable in any and all
manne.rs_ prn_vided_in_this__lleclaration_by_ any_ Owne.rs.-by_ D.eclarant,.-or-by-any_ Countyr State.or-Federal-agency-
c.hargecL with preservation of !he affected areas. Any-such-enforcement action shall entitle the enforcing-party-to-
recovery of damages equal to the cost of restoration of the Property, but not less than $1,000.00, and such enforcing
party shall be entitled to an award of its reasonable attorney fees and costs of enforcement, including but not limited
to, court costs, expert witness fees, and cost of depositions and exhibits.
ARTICLE 11
MISCELLANEOUS
11.1 Tenn of Declaration. Unless amended as herein provided, and except for those provisions
set forth in Article 10 hereof, each provision contained in this Declaration shall continue and remain in full force
and effect until December 31, 2050, and thereafter shall be automatically extended for successive periods of ten (IO)
years each unless terminated by the vote, and written ballot, of Members holding at least seventy-five percent (75 % )
of the Members of the Association. In the event this Declaration is terminated, the termination of this Declaration
shall be evidenced by a termination agreement ("Termination Agreement"), or ratification thereof, executed by the
requisite number of Owners. The Termination Agreement shall specify a date after which the Termination
Agreement will be void unless Recorded before such date. The Termination Agreement shall be Recorded and the
termination of this Declaration shall be effective upon such Recording.
11.2 Amendment of Declaration by Declarant. Until the first Lot subject to this Declaration
has been conveyed by Declarant by a Recorded deed, any of the provisions, covenants, conditions, restrictions, and
equitable servitudes contained in this Declaration may be amended or terminated by Declarant by the Recordation
of a written instrument, executed by Declarant, setting forth such amendment or termination.
11.3 Amendment of Declaration by Members. Except as otherwise provided in this Declaration,
including Section 6.1, and subject to provisions elsewhere contained in this Declaration requiring the consent of
Declarant or others, any provision, covenant, condition, restriction, or equitable servitude contained in this
Declaration may be amended or repealed at any time and from time to time upon approval of the amendment or
repeal by Members of the Association holding at least seventy-five percent (75 % ) of the Members. The approval
of any such amendment or repeal shall be evidenced by the certification by the Members to the Board of Directors
of the Association of the votes of Members. The amendment or repeal shall be effective upon the Recordation of
a certificate, executed by the President or a Vice President and the Secretary or an Assistant Secretary of the
Association setting forth the amendment or repeal in full and certifying that the amendment or repeal has been
approved by the Members. Any Amendment to the Declaration made hereunder shall be effective only when
Recorded. All amendments hereto shall be indexed in the grantee's index in the name of Declarant and the
Association and in the Grantor's index in the name of each Person executing the amendment.
11.4 Amendment of Articles and Bylaws. The Articles of Incorporation and Bylaws may be
amended in accordance with the provisions set forth in such instruments or, in the absence of such provisions, in
accordance with applicable provisions of the Colorado Nonprofit Corporation Act.
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11.5 Alternative Dispute Resolution. Except as may otherwise be provided herein and after
exercising all rights and remedies provided hereunder or under the Bylaws. any claim, controversy, or dispute over
any Special Assessment or Reimbursement Assessment, or any decision of the Design Review Committee, or an_x
other matters as the Association and the affected party may agree, shall be resolved by binding arbitration in
accordance with the Colorado Arbitration Act. The parties to such dispute shall agree upon a single arbitrator who
shall be an experienced operator or manager of a Planned Community. In the event the parties are unable to agree
upon an arbitrator within sixty (60) days after written notice, the presiding Judge of the District Court of the County
shall appoint an arbitrator qualified as set forth herein upon application by a party. Judgment upon the
determination of the arbitrator shall be entered by the District Court for the County. Any and all discovery
conducted in conjunction with such arbitration shall be in accordance with the limited discovery provisions of the
Colorado Rules of Civil Procedure.
11.6 Special Rights of First Mortgagees. Any First Mortgagee (meaning a Mortgage with first
priority over other Mortgages) of a Mortgage encumbering any Lot in the Community Area, upon filing a written
request therefor with the Association, shall be entitled to (a) written notice from the Association of any default by
the Mortgagor of such Lot in the performance of the Mortgagor's obligations under this Declaration, the Articles
of Incorporation, the Bylaws, or the Rules and Regulations, which default is not cured within sixty (60) days after
the Association learns of such default; (b) examine the books and records of the Association during normal business
hours; ( c) receive a copy of financial statements of the Association including any annual financial statement within
ninety (90) days following the end of any fiscal year of the Association; (d) receive written notice of all meetings
of Members; (e) designate a representative to attend any meeting of Members; (t) receive thirty (30) days' written
notice prior to the effective date of any proposed material amendment to this Declaration, the Articles of
Incorporation, or the Bylaws; and (g) receive immediate written notice as soon as the Association receives notice
or otherwise learns of any damage to the Association Properties if the cost of reconstruction exceeds Ten Thousand
Dollar ($10,000.00) and as soon as the Association receives notice or otherwise learns of any condemnation or
eminent domain proceedings or other proposed acquisition with respect to any portion of the Association Properties.
11. 7 Priority of First Mortgage Over Assessments. Except as may otherwise be provided by
the Act, each First Mortgagee of a Mortgage encumbering a Lot who obtains title to such Lot pursuant to the
remedies provided in the Mortgage, by judicial foreclosure, or by deed or assignment in lieu of foreclosure shall
take title to the Lot free and clear of any claims for unpaid Assessments or charges against such Lot which accrued
prior to the time such holder acquires title to such Lot. Nothing herein relieves such First Mortgagee from
responsibility for subsequent Assessments or charges against such Lot after such time the holder acquires title to
such Lot.
11.8 First Mortgagee Right To Pay Taxes and Insurance Premiwns. Any such First Mortgagee
or any such First Mortgagees, jointly or singly, shall be entitled to pay any taxes or other charges which are in
default and which may or have become a charge against any of the Association Properties and may pay any overdue
premiums on hazard insurance policies for any Association Properties, and the First Mortgagees making such
payments shall be entitled to immediate reimbursement therefor from the Association.
11.9 Association Right to Mortgage Information. Each Owner hereby authorizes any First
Mortgagee holding a Mortgage on such Owner's Lot to furnish information to the Association concerning the status
of such First Mortgage and the loan which it secures.
11.10 Golf Course Facilities. In no event shall the Country Club Property be deemed a portion
of the Community Area or the Association Properties, and no Owner or Member shall have any rights or privileges
in the Country Club Property, except for: (a) such limited ingress and egress rights as may be expressly provided
in the License Agreement; or (b) any membership or usage rights resulting from voluntary membership by an Owner
in any golf, or country club being operated on the Country Club Property. Notwithstanding anything to the contrary
contained herein, every Owner of a Lot within the Community Area shall be permitted to become a member of any
golf, or country club facilities ("Country Club Facilities") being operated on the Country Club Property; provided;
however, that such Owners shall be subject to the same membership requirements, fees and dues structures and such
other rules and regulations as are applicable to other members of such Country Club Facilities. Accordingly, rights
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to use any such Country Club Facilities shall be on such terms and conditions as may be promulgated from time
to time by the Country Club Owner. The Country Club Owner shall have the right, from time to time, in its sole
discretion and without notice, to amend or waive the terms and conditions of use of the Country Club Facilities,
specifically including, without limitation, the terms of and eligibility for use, privileges available to use, the
categories of membership, and the number of users permitted to use the Country Club Facilities, and to reserve use
rights for certain persons in the Country Club Facilities.
11.11 Damage Caused by Golf Course Facilities. Declarant, for itself and each Owner of a Lot
within the Community Area, hereby acknowledges that the existence of a golf course on the Country Club Property
is highly beneficial and desirable to the Community Area. However, each Owner, by its purchase of a Lot within
the Community Area, hereby acknowledges and agrees that portions of the Community Area located adjacent to the
Country Club Property, including Lots upon which dwelling units are located, are subject to the risk of damage or
injury related to the use and operation of the Country Club Property as a golf course. In accordance with the
foregoing, the Association and each Owner of a Lot within the Community Area hereby releases Country Club
Owner, its successors and assigns from and against any and all liability, loss, damage, cost or expense arising from
or related to the operation of a golf course on the Country Club Property, including, but not limited to, any damage
or injury caused by errant golf balls in, on or around the Community Area. The Association and the Owners of
Lots within the Community further agree to indemnify and hold Country Club Owner, its successors and assigns,
harmless from and against any and all claims, actions, costs, expenses or liability arising from or related to the
operation of a golf course on the golf course property including, but not limited to, any damage or injury caused
directly or indirectly by golf balls flying, landing, hitting or resting in or around the Common Area or such Owner's
respective Lots. The obligation to indemnify, defend and hold harmless contained herein shall pass with title to each
portion of the Community Area, and once any Owner of a Lot within the Community Area has conveyed title to
such Lot, such obligation shall cease as to that Owner for all subsequent occurrences and such obligation shall pass
to the new owner.
11.12 Notices. Any notice permitted or required to be given under this Declaration shall be in
writing and may be given either personally or by mail, telephone, or telegraph. If served by mail, each notice shall
be sent postage prepaid, addressed to any Person at the address given by such Person to the Association for the
J'UfJlOSe of service of such notice, or to the Lot of such Person if no address has been given to the Association and
shall be deemed given, if not actually received earlier, at 5:00 p.m. on the second business day after it is deposited
in a regular depository of the United States Postal Service. Such address may be changed from time to time by
notice in writing to the Association.
11.13 Persons Entitled To Enforce Declaration. The Association, acting by authority of the
Board, and any Member of the Association entitled to vote (as more fully provided herein) shall have the right to
enforce any or all of the provisions, covenants, conditions, restrictions, and equitable servitudes contained in this
Declaration against any property within the Community Area and the Owner thereof. Notwithstanding the
foregoing, prior to the enforcement of the terms and provisions of this Declaration by any Member, such Member
shall provide the Association with 30 days prior written notice of such Member's intention to do so. Such notice
will state such Member's claim for enforcement under the Declaration. In the event the Association fails to initiate
action on such Member's claim for enforcement within 30 days of the Association's receipt of such notice, such
Member shall be entitled to proceed with the enforcement of such claim individually. The rights of enforcement
provided herein shall include the right to levy fines and/or penalties as the Board may reasonably determine and/or
bring an action for damages as well as an action to enjoin any violation of any provision of this Declaration.
11.14 Violations Constitute a Nuisance. Any violation of any provision, covenant, condition,
restriction, and equitable servitude contained in this Declaration, whether by act or omission, is hereby declared
to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative
action, by any Person entitled to enforce the provisions of this Declaration.
20037 7 -3/30/95 40
47fJ328 B-936 P-398 04/06/95 10: 49,\ PG +9 OF 91
11.15 Enforcement of Self-Help. Declarant or the Association, or any authorized agent of either
of them, may enforce, by self-help, any of the proviliions, covenants, conditions, restrictions, and equitable
servitudes contained in this Declaration, provided such self-help is preceded by Notice and Hearing as set forth in
the Bylaws.
11.16 Violations of Law. Any violation of any federal, state, municipal, or local law, ordinance,
rule, or regulation, pertaining to the ownership, occupation, or use of any property within the Community Area is
hereby declared to be a violation of this Declaration and shall be subject to any and all enforcement procedures set
forth in this Declaration.
11.17
exclusive.
Remedies Cwnulative. Each remedy provided under this Declaration is cumulative and not
11.18 Costs and Attorneys' Fees. In any action or proceeding under this Declaration, the
prevailing party shall be entitled to recover its costs and expenses in connection therewith including reasonable
attorneys' fees.
11.19 Limitation on Liability. The Association, the Board of Directors, the Design Review
Committee, Declarant, and any Member, agent, or employee of any of the same shall not be liable to any Person
for any action or for any failure to act if the action or failure to act was in good faith and without malice.
11.20 No Repre5entations or Warranties. No representations or warranties of any kind, express
or implied, shall be deemed to have been given or made by Declarant or its agents or employees in connection with
any portion of the Community Area, or any Improvement thereon, its or their physical condition, zoning,
compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation,
maintenance, cost of maintenance, taxes or regulation thereof, unless and except as shall be specifically set forth
in writing herein, in any purchase agreement executed by Declarant, or in any closing document related thereto.
11.21 Liberal Interpretation. The provisions of this Declaration shall be liberally construed as
a whole to effectuate the purpose of this Declaration.
11.22
State of Colorado.
Governing Law. This Declaration shall be construed and governed under the laws of the
11.23 Colorado Common Interest Ownership Act. In the event that any of the terms and
conditions of this Declaration are in conflict or inconsistent with the terms and conditions of the Colorado Common
Interest Ownership Act, the terms and conditions of the Act shall control. All terms and provisions contained
herein, to the extent possible, shall be construed in accordance with the terms and provisions of the Act.
11.24 Severability. Each of the provisions of this Declaration shall be deemed independent and
severable, and the invalidity or unenforceability or partial validity or partial enforceability of the provisions or
portion thereof shall not affect the validity or enforceability of any other provision.
11.25 Number and Gender. Unless the context requires a contrary construction, the singular shall
include the plural and the plural the singular, and the masculine, feminine, or neuter genders shall each include the
masculine, feminine, and neuter genders.
11.26 Captions for Convenience. The titles, headings, and captions used in this Declaration are
intended solely for convenience of reference and shall not be considered in construing any of the provisions of this
Declaration.
20037_7 -3/30/95 41
176328 B-936 P-399 04/06/95 10: 49c\ PG 50 OF 9-1
11.27 Mergers or Consolidations. Upon a merger or consolidation of the Association with another
association, its properties, rights, and obligations may, by operation of law, be transferred to another surviving or
consolidated association or, alternatively, the properties, rights, and obligations of another association may, by
operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation
pursuant to a merger. The surviving consolidated association may administer and enforce the covenants, conditions,
and restrictions established by this Declaration governing the Property, together with the covenants and restrictions
established upon any other property, as one plan.
11.28 Disclaimer Regarding Safety. DECLARANT AND THE ASSOCIATION HEREBY
DISCLAIM ANY OBLIGATION REGARDING THE SECURITY OF ANY PERSONS OR PROPERTY WITHIN
THE COMMUNITY AREA. ANY OWNER OF PROPERTY WITHIN THE COMMUNITY AREA
ACKNOWLEDGES THAT DECLARANT AND THE ASSOCIATION ARE ONLY OBLIGATED TO DO THOSE
ACTS SPECIFICALLY ENUMERATED HEREIN, OR IN THE ARTICLES OF INCORPORATION AND
BYLAWS, AND IS NOT OBLIGATED TO DO ANY OTHER ACTS WITH RESPECT TO THE SAFETY OR
PROTECTION OF PERSONS OR PROPERTY WITHIN THE COMMUNITY AREA.
IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first above written.
STATE OF COLORADO )
COUNTY OF p-t 1 V\. )
) SS.
ASPEN GLEN GOLF COMPANY, a Colorado Limited
Partnership
By: Management Company for Aspen Glen, Inc.,
a Colorado Corporation, its General Partner
The foregoing instrument was acknowledged before me this ...f£._ day of , 1995, by John D. -6-~
Christie, as Vice President of Management Company for Aspen Glen Inc., a Colorado orporation, General Partner
of Aspen Glen Golf Company, a Colorado Limited Partnership.
WITNESS my hand and official seal.
My commission expires _,_rYJ'--"'{L/L"'-'-"c;A"-"""-"Z=-3..,_,/'-UJ_,_-~'j~f,,~_ ' ~<&AA ~Notary Public
; '
r.-,. r
20037_7 -4/4/95 42
176328 B-936 P-400 04/06/95 10: 19A I\~ 51 OF 9,1
20037_7 -3/30/95
EXHIBIT A
Legal Description of Connnunity Area
[See Attached]
476328 B-936 P-401 04/06/95 10·. 49A PG 52 OF 94
Legal Description: Filing Nol West of RR ROW
A parcel ofland situated in Sections 19. 20, and 29. To\l.'l!Ship 7 South. Range 88 W 2st of
the-Sixih Prim:ipal Meridimr, County of Garfieid; State of Colorado. said parcel being
more particularly described as follows:
Beginning at a point a point on the Southerly Right-of-Way of the Denver and Rio Grande
Western Railroad whence the West 1/4 comer of said Section 20 bears South 64 degrees
25 minutes 21 seconds West (S 64 °25'21" W) a distance of 1830.99 feet; thence along said
southerly Right-of-Way the following five (5) courses:
South 35 degrees 09 minutes 16 seconds East (S 35°09'16" E), a distance of 608.79
feet; thence
South 00 degrees 11 minutes 56 seconds East (S 00°11 '56" E), a distance of 87.27 feet;
thence
South 35 degrees 09 minutes 16 seconds East (S 35°09'16" E), a distance of 217. 72
feet; thence
South 88 degrees 33 minutes 59 seconds East (S 88°33'59" E), a distance of 62.27
feet; thence
South 35 degrees 09 minutes 16 seconds East (S 35°09'16" E), a distance of 4113.48
feet to a point on the East line ofLot 2 said Section 29; thence
South 01 degrees 21 minutes 57 seconds West (S 01°21 '57" W) along said East line, a
distance of287.71 feet to a point in the centerline of the Roaring Fork River; thence along
said centerline the followmg twenty cournes:
North 44 degrees 00 minutes 00 seconds West (N 44°00'00" W), a distance of 272.02
feet; thence
North 57 degrees 00 minutes 00 seconds West (N 57°00'00" W), a distance of 238.00
feet: thence
North 84 degrees 00 minutes 00 seconds West (N 84°00'00" W), a distance of 240.00
feet; thence
South 72 degrees 00 minutes 00 seconds West (S 72°00'00" W), a distance of 277.00
feet; thence
South 56 degrees 00 minutes 00 seconds West (S 56°00'00" W), a distance of 290.0U
feet: thence
South 39 degrees 00 mmutes 00 seconds West (S 39°00'00" W), a distance of 300.00
feet; thence
South 31 degrees 00 mmutes 00 seconds West (S 31°00'00" W), a distance of 35 2.00
feet: thence
South 50 de~ees 00 minutes 00 seconds \Vest (S 50°00'00" W), a distance of 220.00
feet: thence
South 70 degrees 00 minutes oo seconds West (S 70°00'00" W), a distance of 297.0o
feet: thence
North 48 de~ees 00 minutes 00 seconds West (N 48°00'0(1" W), a distance of r~.lilJ
feet: thence
476328 B-936 P-402 04/06/95 10: 49A PG 53 OF g.;
North 24 degrees 00 minutes 00 seconds West (N 24'00'00" W). a distance of 268.00
feet; thence
Nonh i 1 degrees 00 minutes 00 seconds West (N ii 0 00'00" W). a distance of 268.00
feet; thence
North 17 degrees 00 minutes 1)0 seconds West (N I TOO'OO" W). a distance of 238.00
feet; thence
North 48 degrees 00 minutes 00 seconds West (N 48°00'00" W), a distance of 54 7.00
feet; thence
North 31 degrees 00 minutes 00 seconds West (N 31 °00'00" W), a distance of 203. 00
feet; thence
North 60 degrees 00 minutes 00 seconds West (N 60°00'00" W), a distance of 224.00
feet; thence
North 65 degrees 30 minutes 00 seconds West (N 65°30'00" W). a distance of 220.00
feet; thence
North 69 degrees 00 minutes 00 seconds West (N 69°00'00" \V), a distance of 350.00
feet; thence
North 59 degrees 30 minutes 00 seconds West (N-59°30'00" WJ, a distance ofn-6:00
feet; thence
North 27 degrees 00 minutes 00 seconds West (N 27°00'00" Vii), a distance of 331.00
feet to a point on the North line oflot 14 said Section 29; thence
North 89 degrees 15 minutes 57 seconds West (N 89°15'57" W) along said North line,
a distance of 434.03 feet to a point on the Easterly Right-of-Way line of Garfield Couniy
Road No. i09; thence along said Right'of.Way the foil owing six (6) courses:
North 35 degrees 04 minutes 20 seconds West (N 35°04'20" W), a distance of 518.24
feet; thence
along a curve to the right having a radius of 1902.23 feet, arc length of 278.30 feet..
delta angle of08 degrees 22 minutes 57 seconds (08°22'57"). a chord bearing ofNorth 30
degrees 52 minutes 52 seconds West (N 30°52'52" W), and a chord length of 278.05 feet;
thence
Nonh 26 degrees 41 minutes 23 seconds West (N 26°41'23" W), a distance of 161.91
foet; thence
along a curve to the left having a radius of 1024.62 feet, arc length of 355.30 feet, delta
angle of 19 degrees 52 minutes 05 seconds (19°52'05"), a chord bearing of North 36
degrees 37 minutes 26 seconds West (N 36°37'26" W), and a chord length of 353.52 feet
thence
North 46 degrees 33 minutes 28 seconds West (N 46°33'28" W), a distance of 453.89
feet; thence
along a curve to the right having a radius of 1494.54 foet, arc length of 351.36 feet.
delta angle ofl3 degrees 28 minutes 12 seconds (13°28'12"). a chord bearing ofNorth 39
degrees 49 minutes 22 seconds West (N 39°49'22" W), and a chord length of 350.55 feet:
thence leaving said Easterly Right-of-\Vay
South 4~ de~ees 14 minutes 34 ;.oconds East (S 45' 14'34" El, a distance of 344.42
foet; thence
476328 B-936 P-403 04/0G/95 10:-19A PG 54 OF 94
South 87 degr~es 19 minutes 32 seconds East (S 87°19'52" E), a distance of l0.19 foet;
thence
along a cunre to the left having a radius of 46.00 feet, arc length 0174.42 !('et, delta
angle of 92 degrees 42 minutes 00 seconds (92°42'00"), a chord bearing of South 39
degrees 03 minutes 49 seconds East (S 39°03'49" E), and a chord length of 66.57 feet:
thence
South 06 degrees 45 minutes 48 seconds West (S 06°45'48" W), a distance of22.85
feet; thence
South 31 degrees 42 minutes 03 seconds East (S 31°42'03" E), a distance of 220.56
feet; thence
North 66 degrees 52 minutes 34 seconds East (N 66°52'34" E), a distance of 43.55
feet; thence
North 12 degrees 48 minutes 06 seconds East (N 12°48'06" E), a distance of 415.20
feet; thence
North 06 degrees 20 minutes 50 seconds East (N 06°20'50" E), a distance of 33.99
feet; thence
North 78 degrees 15 minutes 59 seconds West (N 78°15'59" W). a distance of 13.83
feet; thence
North 08 degrees 40 minutes 46 seconds East (N 08°40'46" E), a distance of 207.43
feet; thence
North 39 degrees 07 minutes 39 seconds East (N 39°07'39" E), a distance of 44.88
feet; thence
North 71 degrees 27 minutes 58 seconds East (N 71°27'58" E), a distance of 25.52
feet; thence
North 28 degrees 07 minutes 48 seconds East (N 28°07'48" E), a distance of 30.95
feet; thence
North 00 degrees 07 minutes 07 seconds West (N 00°07'07" W), a distance of 101.11
feet; thence
North 29 degrees 40 minutes 23 seconds West (N 29°40'23" W), a distance of 16.55
feet; thence
North 30 degrees 40 minutes 10 seconds East (N 30°40'10" E), a distance of 41.93
feet; thence
North 11 degrees 11 minutes 06 seconds East (N 11°11'06" E), a distance of 142.01
feet; thence
North 25 degrees 06 minutes 28 seconds East (N 2~006'28" E). a distance of 139.68
feet; thence
North 30 degrees 31 minutes 50 seconds East (N 30°31'50" E), a distance of 90.06
f¢et~ thence
North 66 degrees 22 minutes 41 seconds Wesi (N 66°22'41" W). a distance of 29~.21
feet; thence
South 30 degrees 08 minutes 05 seconds West (S 30°08'05" W). a distance of 55 .. <7
foet; thence
:.fonh 66 degrees 12 minutes 56 seconds West (N 66°12'56" W), a disiance of 84.22
f~et: th~nce
North 22 degrees 23 minutes -15 seconds East (N 22°23'45" E). a distance of 58.0J
:~<t: th~nc~
!76328 B-936 P-404 04/06/95 10: 481\ PG 55 OF 94
along a curve to the right having a radius of24.00 fed. arc length of 37.70 feet. delta
angle of 90 degrees 00 minutes 00 seconds (90°00'00"), a chord hearing of North 6 7
degrees 23 minutes 45 seconds East \N 67°23'45" E), and a chord length of 33.94 feet;
thence
South 67 degrees 36 minutes 15 seconds East (S 67°36'15" E), a distance of 317.99
feet; thence
North 22 degrees 23 minutes 45 seconds Ea~t (N 22°23'45" E), a distance of 49.00
feet; thence
South 67 degrees 36 minutes 16 seconds East (S 67°36'16" E), a distance of 602.52
feet; thence
South 22 degrees 23 minutes 45 seconds West (S 22°23'45" W), a distance of 20.00
feet; thence
South 67 degrees 36 minutes 15 seconds East (S 67°36'15" E), a distance of 200.00
feet; thence
along a curve to the left having a radius of 685.50 feet, arc length of 301.49 feet, delta
angle of 25 degrees 11 minutes 56 seconds (25°11'56"), a chord bearing of South 80
degrees 12 minutes 13 seconds East (S 80°12'13" E), and a chord length of 299.06 feet;
thence
North 87 degrees 11 minutes 49 seconds East (N 87°11'49" E), a distance of 294.24
feet; thence
along a curve to the right having a radius of 764.50 feet, arc length of 40.58 feet, delta
angle of 03 degrees 02 minutes 30 seconds (03°02'30"), a chord bearing of North 88
degrees 43 minutes 03 seconds East (N 88°43'03" E), and a chord length of 40.58 feet;
thence
along a curve to the right having a radius of 19.00 feet, arc length of 23.36 feet, delta
angle of 70 degrees 25 minutes 50 seconds (70°25'50"), a chord bearing of North 54
degrees 32 minutes 47 seconds West (N 54°32'47" W), and a chord length of 21.91 feet;
thence
North 19 degrees 19 minutes 52 seconds West (N 19°19'52" W), a distance of 76.89
feet; thence
along a curve to the left having a radius of 46.00 feet; arc length of 19. i5 feet delta
angle of 23 degrees 51 minutes 06 seconds (23°51'06"), a chord bearing of North 31
degrees 15 minutes 25 seconds West (N 31°15'25" W), and a chord length of 19.0l foet:
thence
North 17 degrees 15 minutes 05 seconds East (N l 7°15'05" E), a distance of 78.00
feet; thence
North 72 degrees 23 minut.:s 52 seconds East (N 72'23'52" E), a distance of 161.31
feet: thence
South 33 degrees 01 minute~ 35 seconds East (S 33°01'35" E), a distance of 339.69
foet; thence
along a curve to the left having a radius of 24.00 foet, arc length of 21.67 foet, delta
angle of 51 degrees 43 minutes 30 seconds (51°43'30")_ a chord b~aring of"NortlJ 46
degrees 02 minutes 48 seconds East (N 46'02'48" E). and a chord length of 20.94 feet:
thence
along a curve to the left having a radius of 396.SO fod. arc !en~ of 273.23 foet. delta
angle of 39 degrees 28 minutes 58 seconds (39°28'S8''), a chord bearing of '\ionh llO
4 76328 B-936 P-405 04/06/85 10: 48A PG SG OF 94
degrees 26 minutes 35 seconds East (N 00°26'35" E), and a chord length of 267.86 foet:
thence
North 19 degrees 17 minutes 54 seconds West (N 19°1i'54" W), a distance of 123.05
feet; thence
along a curve to the right having a radius of 243.50 feet, arc length of 137.66 feet, delta
angle of 32 degrees 23 minutes 25 seconds (32°23'25"), a chord bearing of North 03
degrees 06 rrunutes 12 seconds West (N OJ"lT6'rZ'' W); and a chord iength of i35. 83 feet;
thence
North 13 degrees 05 minutes 31 seconds East (N 13°05'31" E), a distance of 97.72
feet; thence
South 66 degrees 08 minutes 59 seconds West (S 66°08'59" W), a distance of 23 i. 73
feet; thence
South 15 degrees 41 minutes 35 seconds West (S 15°41'35" W), a distance of 76.51
feet; thence
South 17 degrees 45 minutes 06 seconds East (S 17°45'06" E), a distance of81.09 feet;
thence
South 72 degrees 40 minutes 37 seconds West (S 72°40'37" W), a distance of 29.14
feet; thence
North 25 degrees 12 minutes 32 seconds West (N 25°12'32" W), a distance of76.06
feet; thence
North 52 degrees 42 minutes 02 seconds West (N 52°42'02" W), a distance of 71.32
feet; thence
South 65 degrees 24 minutes 12 seconds West (S 65°24'12" W), a distance of 293.84
feet; thence
South 36 degrees 26 minutes 14 seconds West (S 36°26'14" W), a distance of 42.67
feet; thence
South 00 degrees 09 minutes 19 seconds West (S 00°09'19" W), a distance of 111.28
feet; thence
South 83 degrees 43 minutes 05 seconds West (S 83°43'05" W), a distance of 34.89
feet; thence
North 03 degrees 12 minutes 03 seconds East (N 03°12'03" E), a distance of 113.90
feet; thence
North 40 degrees 35 minutes 52 seconds West (N 40°35'52" W), a distance of 47.73
feet; thence
North 78 degrees 26 minutes 30 seconds West (N 78°26'30" W), a distance of 424.67
feet; thence
South 10 degrees 58 minutes 54 seconds West (S lfF58'54" W). a distance of 246...13
feet; thence
North 67 degrees 36 minutes 16 seconds West (N 67°36'16" W), a distanc~ of 499.04
feet; thence
North 34 degrees 10 minutes 42 seconds East (N 34°10'42" E), a distanc< of 55.66
foet; thence
Nonh 50 degrees 22 minutes 13 seconds East (N 50°22'13" E), a distance of 3324
foet; thence
North 72 deg:rees 35 minutes 21 seconds East (N 72°35'21" E). a distance of i7.il
f~~t th~nce
4 76328 B-936 P--106 04/0G/~JS 10: 49;\ PG 57 OF 9±
North 46 degrees 05 minutes 36 seconds East (N 46°05'36" E), a distance of 59.27
foet; thence
North 68 degrees 3 7 minutes 29 seconds East (N 68°37'29" E), a distance of 54.87
feet; thence
North 57 degrees 43 minutes 29 seconds East (N 57°43'29" E), a distance of 121.35
feet; thence
North 83 degrees 06 minutes 30 seconds East (N 83°06'30" E), a distance of 16.32
feet; thence
North 61 degrees 16 minutes 12 seconds East (N 61°16'12" E), a distance of 5.82
feet; thence
North 89 degrees 58 minutes 18 seconds East (N 89°58'18" E), a distance of 469.64
feet; thence
North 00 degrees 04 minutes 00 seconds West (N 00°04'00" W), a distance of 4.91
feet; thence
South 88 degrees 57 minutes 43 seconds East (S 88°57'43" E), a distance of 217.91
feet; thence
North 66 degrees 36 minutes 4 7 seconds East (N 66°36'4 7" E), a distance of 24 7.00
feet; thence
North 39 degrees 30 minutes 15 seconds East (N 39°30'15" E), a distance of92.40
feet; thence
North 68 degrees 29 minutes 14 seconds East (N 68°29'14" E), a distance of 48.10
feet; thence
South 84 degrees 02 minutes 52 seconds East (S 84°02'52" E), a distance of 82.73
feet; thence
North 26 degrees 24 minutes 36 seconds East (N 26°24'36" E), a distance of 114.59
feet; thence
North 67 degrees 47 minutes 58 seconds West (N 67°47'58" W), a distance of 12.50
feet; thence
South 22 degrees 12 minutes 02 seconds West (S 22°12'02" W), a distance of 19.82
feet; thence
along a curve to the right having a radius of 4 7.50 feet, arc length of 225.24 feet, delta
angle of 271 degrees 39 minutes 25 seconds (271°39'25"), a chord bearing of North 22
degr~ 47 minutes 58-seconds West (N 22°47'58" W); and a chord length of 66,20 feet;
thence
South 67 degrees 47 minutes 58 seconds East (S 67°47'58" E), a distance of 47.00
feet; thence
NorJi-2-2-degri;es 1-2-minutes 02-seconds Eas-t-(N-2-2~1-2'02-" E-)~ a-distance of 7.46-f~et~
thence
Nonh 63 degrees 05 minutes 54 seconds East (N 63°05'54" E), ~ distance of 298.19
feet to the point ofbegmning. Said parcel contains 268.393 acres more or less.
476328 B-936 P-407 04/06/95 10: 49A PG DB OF 94
Legal Description: River Park and North Open Space Parcels
A parcel ofland situated in Section 18. To\!.'llship 7 South, Range 88 West, and Sections
12 and 13 Township 7 South, Range 89 West all of the Sixth Principal Meridian, said
parcel being more particularly described as follows:
Beginning at a point being the Northwest comer of Lot 12 said Section 18 whence ihe
North 114 comer of said Section 13 bears North 70 degrees 40 minutes 23 seconds West
(N 70°40'23" W) a distance of 4278.37 feet; thence
South 00 degrees 00 minutes 00 seconds East (S 00°00'00" E) along the West line of
said Lot 12, a distance of 359.68 feet to a point 5 foot Southwesterly of ihe Robinson
Ditch; thence along a line 5 foot Southwesterly and parallel to said Robinson Ditch ihe
following ten (10) courses:
North 23 degrees 50 minutes 33 seconds West (N 23°50'33" W), a distance of 101.72
feet; thence
North 26 degrees 48 minutes 20 seconds West (N 26°48'20" W), a distance of 139.55
feet; thence
North 18 degrees 54 minutes 25 seconds West (N 18°54'25" W), a distance of 62.55
feet; thence
North 35 degrees 41 minutes 35 seconds West (N 35°41'35" W), a distance of 43.48
feet; tlience
North 52 degrees 24 minutes 20 seconds West (N 52°24'20" W), a distance of 86.50
feet; thence
Nortlr44 degrees 00 minute~ 03 seconds Wesi (N 44°00'03" W); ~ distl!IICe-of 113.9&
feet; thence
North 31 degrees 39 minutes 54 seconds West (N 31°39'54" W), a distance of 78.81
feet; thence
North 33 degrees 43 minutes 47 seconds West (N 33°43'47" W), a distance of 107.86
feet; thence
North 41 degrees 07 minutes 16 seconds West (N 41°07'16" W), a distance of 105.82
feet; thence
North 49 degrees 04 minutes 22 seconds West (N 49°04'22" Vl), a distance of 61.97
feet; thence leaving said parallel line
North 44 degrees 29 minutes 49 seconds East (N 44°29'49" E), a distance of 4 7.14 feet,
thence
North 37 degrees 16 minutes 31 seconds West (N 37°16'31" W), a distance of360.84
feet; thence
North 40 degrees 56 minutes 54 seconds West (N 40°56'54" W), a distance of 296.12
feet; thence
North 82 degrees 13 minutes 10 seconds West (N 82°13'10" \V), a distance of210.86
feet; thence
North 44 degrees 59 minutes 32 seconds West (N 44°59'32" W), a distance of 246.06
feet; thence
4 76328 B-936 P-408 04/06/95 lO: 49A PG 59 OF 94
North 48 degrees 46 minutes 15 seconds East (N 48°46'15" E), a distance of 41.88 feet;
thence
North 46 degrees 40 minutes 39 seconds West (N 46°40'39" W), a distance of 445.55
feet; thence
North 54 degrees 53 minutes 02 seconds West (N 54°53'02" W), a distance of 238.30
feet; thence
South 56 degrees 27 minutes 44 seconds West (S 56°27'44" W), a distance of 404.84
feet to a point on said parallel line; thence
North 32 degrees 39 minutes 14 seconds West (N 32°39'14" W) along said parall.;l
line, a distance of 63. 78 feet to a point on the north line of Lot l said Section 13; thence
North 89 degrees 52 mimites 09 seconds West (N 89°52'09" W) along said North line, a
distance of l 03. 76 feet to the Northwest comer of said Lot 1 being also the Southwest
comer oflot 25 said Section 25; thence
North 01 degrees 21 minutes 44 seconds East (N 01°21'44" E) along the West line of
said Lot 25, a distance of320.88 feet; thence
North 47 degrees 43 mimites 00 seconds East (N 47°43'00" E), a distance of 590.67
feet to a point on the North line of said Lot 25; thence
South 89 degrees 40 mintltes 00 seconds East (S 89°40'00" E) along said North line, a
distance of 75.86 feet to a point in the centerline of the Roaring Fork River; thence along
said centerline the following eleven courses:
South 17 degrees 43 minutes 01 seconds East (S 17°43'01" E), a distance of 163.46
feet; thence
South 30 degrees 45 minutes 18 seconds East (S 30°45'18" E), a distance of 163.28
feet; thence
South 51 degrees 43 minutes 05 seconds East (S 51°43'05" E), a distance of 662.76
feet; thence
South 44 degrees 35 minutes 57 seconds East (S 44 °35'57" E), a distance of 175.65
feet; thence
South 13 degrees 33 minutes 31 seconds East (S 13°33'31" E), a distance of 255.65
feet; thence
South 34 degrees 02 minutes 41 seconds East (S 34 °02'41" E), a distance of 318.1 S
feet; thence
South 35 degrees 41 minutes 45 seconds East (S 35°41'45" E), a distance of 225.15
feet; thence
Sotith 55 degrees 38 minutes 18 seconds East (S 55°38'18" E), a distance of 19647
feet; thence
South 63 degrees 49 minutes 03 seconds East (S 63°49'03" E), a distance of 388.19
feet; thence
South 57 degrees 51 minutes 22 seconds East (S 57°51'22" E), a distance of 449.02
feet; thence
South 4 7 degrees 11 minutes 37 seconds East (S 47°11 '37" E), a distance of 122.26 feet
to a point on the North line of said Lot 12; thence leaving said centerline
4 78328 B-938 P-409 04/08/95 lO: 49A PG 60 OF 94
North 89 degrees 49 minutes 40 seconds West (N 89°49'40" W) along the Northline of
said Lot 12, a distance of 406.44 foet to the point of beginning. Said parcel contains
20. 759 acres more or less.
176328 B-936 P-410 04/06/95 10: 49,\ PG 61 OF 94
L<>gal D~scription: Open Space Paree I
A parcel of land situated in Section 18, Township 7 South, Range 88 Wesi of the Sixth
Principal Meridian, said parcel being more particularly described as follows:
Beginning_ at a goint being_ the Southeast corner ofLot 14 said Section 18 whence the North
114 corner of Section 20 said Township 7 South. Range 88 West bears South 73 degrees
16 minutes 03 seconds East (S 73°16'03" E) a distance of 4865.24 feet; thence
South 89 degrees 58 minutes 06 seconds West (S 89°58'06" W) along the South line of
said Lot 14, a distance of 438.35 feet; thence
along a curve to the right having a radius of 1033.63 feet, arc length of 389.56 feet,
delta angle of21 degrees 35 minutes 39 seconds (21°35'39"), a chord bearing ofNorth 49
degrees 22 minutes 20 seconds East (N 49°22'20" E), and a chord length of 387.26 feet;
thence
North 36 degrees 29 minutes 50 seconds East (N 36°29'50" E), a distance of 11.85 feet;
thence
North 59 degrees 32 minutes 47 seconds East (N 59°32'47" E), a distance of54.32 feet;
thence
North 55 degrees 08 minutes 57 seconds East (N 55°08'57" E), a distance of 79.59 feet;
thence
North 52 degrees 11minutes09 seconds East (N 52°11'09" E), a distance of31.96 feet
to a point on the East line of said Lot 14; thence
South 00 degrees 00 minutes 00 seconds East (S 00°00'00" E) along the East line of
said Lot 14, a distance of354.06 feet to the point of beginning. Said parcel contains 1.963
acres more or less.
476328 B-936 P-411 01/08/95 10: 49A PG 62 OF 94
20037_7 -3/30/95
EXHIBIT B
Legal Description of Annexable Property
[See Attached]
H6328 B-936 P-412 04/06/95 10: 49A PG 63 OF 94
Legal Description : Future Filing East of County Road No. 109
A parcel of land situated in Section 19 and 20. Township 7 South. Range 88 West, and
Sections 13 and 24, Township 7 South, Range 89 West, all of the Sixth Principal Meridian,
County of Garfield, State of Colorado, said parcel being more particularly described as
follows:
Beginning at a point whence the West 1/4 corner of said Section 20 bears South 72 degrees
56 minutes 30 seconds East (S 72°56'3011 E), a distance of2764.15 feet; thence
North 62 degrees 18 minutes 39 seconds West (N 62°18'3911 W), a distance of 728.22
feet; thence
North 32 degrees 23 minutes 04 seconds West (N 32°23'0411 W), a distance of 503.37
feet; thence
North 27 degrees 19 minutes 26 seconds West (N 27°19'2611 W), a distance of 94.05
feet; thence
North 42 degrees 29 minutes 30 seconds East (N 42°29'3011 E), a distance of 174.28
feet; thence
North 50 degrees 28 minutes 36 seconds West (N 50°28'3611 W), a distance of 72.11
feet; thence
South 70 degrees 21 minutes 58 seconds West (S 70°21'5811 W), a distance of 130.18
feet; thence
North 26 degrees 13 minutes 30 seconds West (N 26°13'3011 W), a distance of 141.88
feet; thence
North 00 degrees 51 minutes 56 seconds East (N 00°51'5611 E), a distance of 130.90
feet; thence
along a curve to the left having a radius of 785.50 feet, arc length of 164.26 feet, delta
angle of 11 degrees 58 minutes 52 seconds (11°58'5211
), a chord bearing of South 80
degrees 59 minutes 10 seconds West (S 80°59'1011 W), and a chord length of 163.96 feet;
thence
along a curve to the left having a radius of 300.00 feet, arc length of 88.56 feet, delta
angle of 16 degrees 54 minutes 48 seconds (16°5414811
), a chord bearing of South 66
degrees 32 minutes 20 seconds West (S 66°32'2011 W), and a chord length of 88.24 feet;
thence
South 58 degrees 04 minutes 56 seconds West (S 58°04'56" W), a distance of 122.06
feet; thence
along a curve to the left having a radius of 29.00 foet, arc length of 18.79 feet, delta
angle of 37 degrees 07 minutes 29 seconds (37°0712911), a chord bearing of South 39
degrees 31 minutes 11 seconds West (S 39°3 l'll" W), and a chord length of 18.46 feet to a
point on the Easterly Right-of-Way of Garfield County Road No. 109; thence along said
Right-of-Way the following four (4) courses:
North 29 degrees 02 minutes 45 seconds \Vest (N 29°02'45" W), a distance of 257.51
feet; thence
North 20 degrees 41 minutes 20 seconds West (N 20'41'20" W), a distan<:e of 11.9:"
feet; thence
476328 B-936 P-413 04/06/95 10: 49A PG 64 OF 94
along a curve to the right having a radius of 1635.67 feet. arc length of 545.79 feet
delta angle of 19 degrees 07 minutes 06 seconds (19°07'06"). a chord bearing ofNorth 16
degrees 06 minutes 57 seconds West (N 16°06'57" W), and a chord length of 543.26 feet;
ilience
North 06 degrees 33 minutes 24 seconds West (N 06°33'24" W), a distance of 135.34
feet; thence leaving said Right-of-Way
North 79 degrees 46 minutes 03 seconds East (N 79°46'03" E), a distance of87.38 feet;
thence
South 29 degrees 23 minutes 03 seconds East (S 29°23'03" E), a distance of 871.12
feet; thence
along a curve to the right having a radius of 814.50 feet, arc length of 47.93 feet, delta
angle of 03 degrees 22 minutes 19 seconds (03°22'19"), a chord bearing of North 78
degrees 47 minutes 33 seconds East (N 78°47'33" E), and a chord length of 47.93 feet;
thence
North 03 degrees 36 minutes 18 seconds West (N 03°36118" W), a distance of 263.86
feet; thence
North 35 degrees 43 minutes 58 seconds West (N 35°43'58" W), a distance of 102.05
feet; thence
North 20 degrees 35 minutes 57 seconds West (N 20°3515711 W), a distance of 394.30
feet; thence
North 04 degrees 53 minutes 39 seconds East (N 04°53139" E), a distance of 150.03
feet; thence
North 37 degrees 55 minutes 57 seconds West (N 37°5515711 W), a distance of 251.16
feet; thence
North 25 degrees 39 minutes 44 seconds West (N 25°39'44" W), a distance of 490.62
feet; thence
North 62 degrees 05 minutes 53 seconds West (N 62°05'53" W), a distance of 136.19
feet; thence
North 22 degrees 30 minutes 54 seconds West (N 22°30154" W), a distance of 588.42
feet; thence
North 35 degrees 37 minutes 47 seconds East (N 35°37'47" E), a distance of 80.54
feet; thence
South 79 degrees 01 minutes 23 seconds East (S 79°01'23" E), a distance of 126.74
feet; thence
South 31 degrees 08 minutes 09 seconds East (S 31°08'09" E), a distance of 54.46 feet;
thence
South 77 degrees 37 minutes 25 seconds East (S 77°37'25" E), a distance of 12.69 feet;
thence
North 82 degrees 58 minutes 28 seconds East (N 82°58'28" E). a distance of 42.85 feet;
thence
South 4 9 degrees 38 minutes 15 seconds East (S 49°38'15" E), a distance of 44. 76 feet;
thence
South 76 degrees 09 minutes 49 seconds East (S 76°09'49" E), a distance of 11.00 feet;
th~ncc
476328 B-936 P-414 04/06/95 10: 4~lA PG 65 OF 94
North 69 degrees 15 minutes 58 seconds East (N 69°15'58" E), a distance of 38.39 feet;
thence
South 85 degrees 37 minutes 23 seconds East (S 85°37'23" E), a distance of 13.53 feet;
thence
South 34 degrees 50 minutes 31 seconds East (S 34°50'31" E), a distance of38.55 feet;
thence
South 53 degrees 36 minutes 33 seconds East (S 53°36'33" E), a distance of 15. 79 feet;
thence
South 87 degrees 22 minutes 23 seconds East (S 87°22'23" E), a distance of 21.48 feet;
thence
North 67 degrees 18 minutes 05 seconds East (N 67°18'05" E), a distance of 21.22 feet;
thence
North 74 degrees 22 minutes 02 seconds East (N 74°22'02" E), a distance of 23.93 feet;
thence
South 80 degrees 35 minutes 14 seconds East (S 80°35'14" E), a distance of 16.02 feet;
thence
South 23 degrees 14 minutes 12 seconds East (S 23°14'12" E), a distance of 38.96 feet;
thence
South 38 degrees 44 minutes 30 seconds East (S 38°44'30" E), a distance of 18.22 feet;
thence
South 75 degrees 34 minutes 55 seconds East (S 75°34'55" E), a distance of 14.67 feet;
thence
South 59 degrees 44 minutes 01 seconds East (S 59°44'01" E), a distance of 30.48 feet;
thence
South 58 degrees 18 minutes 20 seconds East (S 58°18'20" E), a distance of 21. 73 feet;
thence
South 87 degrees 13 minutes 02 seconds East (S 87°13'02" E), a distance of 18.48 feet;
thence
North 61 degrees 58 minutes 31 seconds East (N 61°58'3 l" E), a distance of 14.61 feet;
thence
North 35 degrees 53 minutes 35 seconds East (N 35°53'35" E), a distance of 5.60 feet;
thence
South 58 degrees 00 minutes 37 seconds East (S 58°00'37" E), a distance of 118.00
feet; thence
North 26 degrees 04 minutes 22 seconds East (N 26°04'22" E), a distance of32.70 feet;
thence
along a curve to the left having a radius of 346.50 feet. arc length of 514.01 feet, delta
angle of 84 degrees 59 minutes 42 seconds (84°59'42"), a chord bearing of North 16
degrees 25 minutes 29 seconds West (N 16°25'29" W), and a chord length of 468.16 feet;
thence
North 58 degrees 55 minutes 20 seconds West (N 58°55'20" W), a distance of 32.30
feet; thence
South 31 degrees 39 minutes 58 seconds West (S 31°39'58" W), a distance of 99.63
feN; thence
;-;orth 85 degrees 37 minutes 47 seconds West (N 85°37'47" W). a distm1ce of 760.35
i22t th~nce
476328 B-936 P-415 04/06/95 10:49A PG 66 OF 94
South 70 degrees 36 minutes 31 seconds West (S 70°36'3 l" W), a distance of85. 71 feet
to a puint cm said Easteriy Rigi1i0of0 Way; thence aiong said Easteriy Rigiit'of-Way the
following two(2) courses:
North 20 degrees 26 minutes 02 seconds West (N 20°26'02" W) along said Easterly
Right-of-Way, a distance of 445.85 feet; thence
North 32 degrees 40 minutes 06 seconds West (N 32°40'06" W), a distance of 25.66
feet to the Southwest corner of Teller Springs Subdivision as recorded in the office of the
Garfield Cotmty Clerk and Recorder; thence along the South boundary of said Teller
Springs Subdivision boundary, the following two (2) courses:
North 89 degrees 53 mim1tes 09 seconds East (N 89°53'09" E), a distance of 882.14
feet; thence
North 81 degrees 50 minutes 40 seconds East (N 81°50'40" E), a distance of 54. 79
feet; thence leaving said Teller Springs Subdivision boundary
South 30 degrees 27 minutes 02 seconds East (S 30°27'02" E), a distance of 353.58
feet; thence
South 31 degrees 39 minutes 58 seconds West (S 31°39'58" W), a distance of 77.33
feet; thence
South 58 degrees 55 minutes 20 seconds East (S 58°55'20" E), a distance of32.02 feet;
thence
along a curve to the right having a radius of 373.50 feet, arc length of 554.07 feet, delta
angle of 84 degrees 59 minutes 42 seconds (84°59'42"), a chord bearing of South 16
degrees 25 minutes 29 seconds East (S 16°25'29" E), and a chord length of 504.64 feet;
thence
South 26 degrees 04 minutes 22 seconds West (S 26°04'22" W), a distance of 34.12
feet; thence
South 57 degrees 37 minutes 46 seconds East (S 57°37'46" E), a distance of 41.18 feet;
thence
South 22 degrees 52 minutes 40 seconds East (S 22°52'40" E), a distance of 833.4.<
feet; thence
South 30 degrees 24 minutes 47 seconds East (S 30°24'47" E), a distance of 454.10
feet; thence
South 01 degrees 31 minutes 25 seconds West (S 01°31'25" W), a distance of 216 . .<9
feet; thence
South n degrees 09 minutes 36 seconds West (S 11°09'36" W), a distance of 133.43
feet; thence
South 64 degrees 19 minutes 31 seconds East (S 64°19'31" E). a distance of28.69 foet:
thence
North 38 degrees 26 minutes 31 seconds East (N 38°26'31" E), a distance of 132.45
feet; thence
South 70 degrees 19 minutes 25 seconds East (S 70°19'25" E), a distance of 410.9!
feet; thence
South 72 degrees 17 minutes 5 2 seconds East (S 72°17'5 2" E). a distance of i 3 2. '6
r~~t: th~nct>
476328 B-936 P-416 04/06/95 10: 49A PG 67 OF 94
North 74 degrees 37 minutes 48 seconds East (N 74°37'48" E), a distance of81.18 feet;
thence
North 39 degrees 34 minutes 43 seconds East (N 39°34'43" E), a distance of 106.86
feet; thence
North 22 degrees 58 minutes 59 seconds East (N 22°58'59" E), a distance of 70.42 feet;
thence
South 74 degrees 35 minutes 52 seconds East (S 74°35'52" E), a distance of 514.34
feet; thence
South 64 degrees 14 minutes 15 seconds East (S 64°14'15" E), a distance of 263.32
feet; thence
South 85 degrees 55 minutes 36 seconds East (S 85°55'36" E), a distance of 105. 75
feet; thence
North 74 degrees 37 minutes 21 seconds East (N 74°37'21" E), a distance of 578.44
feet; thence
South 82 degrees 08 minutes 57 seconds East (S 82°08'57" E), a distance of 225.11
feet; thence
South 01 degrees 30 minutes 16 seconds East (S 01°30'16" E), a distance of 643.33
feet; thence
South 64 degrees 35 minutes 05 seconds West (S 64°35'05" W), a distance of 75.83
feet; thence
along a curve to the right having a radius of 273.50 feet, arc length of 63.07 feet, delta
angle of 13 degrees 12 minutes 46 seconds (13°12'46"), a chord bearing of South 10
degrees 35 minutes 44 seconds East (S 10°35'44" E), and a chord length of 62.93 feet;
thence
South 03 degrees 59 minutes 21 seconds East (S 03°59'21" E), a distance of36.57 feet;
thence
along a curve to the right having a radius of413.50 feet. arc length of33.31 feet, delta
angle of 04 degrees 36 minutes 58seconds (04°36'58"), a chord bearing of South 01
degrees 40 minutes 52 seconds East (S 01°40'52" E), and a chord length of 33.31 feet;
thence
South 55 degrees 49 minutes 12 seconds East (S 55°49'12" E), a distance of 117.57
feet; thence
South 16 degrees 27 minutes 43 seconds East (S 16°27'43" E), a distance of 120.09
feet; thence
South 45 degrees 02 minutes 49 seconds West (S 45°02'49" W), a distance of 73.10
feet; thence
South 34 degrees 12 minutes 10 seconds East (S 34°12'10" E), a distance of 236.44
feet; thence
South 26 degrees 04 minutes 17 seconds East (S 26°04'17" E), a distance of 247.44
feet; thence
South 80 degrees 47 minutes 05 seconds East (S 80°47'05" E), a distance of 206.08
feet; thence
North 45 degrees 53 minutes 45 seconds East (N 45°53'45" E), a distance of 103.43
feet; thence
Nortir 26 degrees-32 minute0< 36 seconds West·(N 26°32'36" W), ~dist= of 269 '3
feet: thence
476328 B-936 P-417 04/06/95 10:49A PG 68 OF 94
North 31 degrees 28 minutes 05 seconds East (N 31°28'05" E), a distance of 56.24 feet;
thence
South 74 degrees 08 minutes 48 seconds East (S 74°08'48" E), a distance of 275.90
feet; thence
South 54 degrees 45 minutes 46 seconds East (S 54°45'46" E), a distance of 326.17
feet; thence
North 73 degrees 07 minutes 24 seconds East (N 73°07'24" E), a distance of 101.22
feet; thence
S-outh-3-4-degrees-5-1-minutes-1-0-seconds East-(-S 3-4n.5-1-'l-Ou E); a-distance-of 1-8-9:22
feet; thence
South 28 degrees 50 minutes 30 seconds East (S 28°50'30" E), a distance of 132.91 feet
to a point on the North line of Lot 3 said Section 20; thence
North 88 degrees 33 minutes 13 seconds West (N 88°33'13" W) along said North line, a
distance of221.48 feet to the Northwest corner of said Lot 3; thence
South 00 degrees 01 minutes 46 seconds West (S 00°01'46" W) along the West line of
said Lot 3, a distance of425.16 feet to the Southwest comer of said Lot 3; thence leaving
the boundary of said Lot 3
North 37 degrees 17 minutes 12 seconds West (N 37°17'12" W), a distance of 263.38
feet; thence.
North 64 degrees 16 minutes 44 seconds West (N 64°16'44" W), a distance of 393.48
feet; thence
North 22 degrees 25 minutes 34 seconds East (N 22°25'34" E), a distance of 46. 75 feet;
thence
North 18 degrees 35 minutes 49 seconds West (N 18°35'49" W), a distance of 89.00
feet; thence
North 81 degrees 48 minutes 01 seconds West (N 81°48'01" W), a distance of 259.84
feet; thence
South 74 degrees 30 minutes 49 seconds West (S 74 °30'49" W), a distance of 164.87
feet; thence
along a curve to the right having a radius of614.50 feet, arc length of69.53 feet, delta
angle of 06 degrees 28 minutes 59 seconds (06°28'59"), a chord bearing of South 10
degrees 55 minutes 11 seconds East (S 10°55'11" E), and a chord length of 69.49 feet;
them:e
South 07 degrees 40 minutes 42 seconds East (S 07°40'42" E), a distance of 16.48 feet;
thence
along a curve to the left having a radius of 545.50 feet, arc length of 570.54 feet, delta
angle of 59 degrees 55 minutes 34 seconds (59°55'34"), a chord bearing of South 37
degrees 38 minutes 29 seconds East (S 37°38'29" E), and a chord length of 544.89 feet;
thence
South 67 degrees 36 minutes 15 seconds East (S 67°36'15" E), a distance of64.96 feet;
thence
South 22 degrees 23 minutes -15 seconds West (S 22°23'45" W), a distance of 29.00
foet; thence
~forth 67 degrees 36 minutes 15 oeconds West (N 67°36'1~" W), a distance of 64.96
f2'et: th~nce
176328 B-936 P-418 04/06/95 10: 49A PG 69 OF 9:!
along a curve to the right having a radius of 574.50 feet, arc length of 600.87 feet, delta
angle of 59 degrees 55 minutes 34 seconds (59°55'34"), a chord bearing of North 37
degrees 38 minutes 29 seconds West (N 37°38'29" W), and a chord length of 573.86 feet;
thence
North 07 degrees 40 minutes 42 seconds West (N 07°40'42" W), a distance of 16.48
feet; thence
along a curve to the left having a radius of 585.50 feet, arc length of 209.78 feet, delta
angle of 20 degrees 31 minutes 42 seconds (20°31'42"), a chord bearing of North 17
degrees 56 minutes 33 seconds West (N 17°56'33" W), and a chord length of 208.66 feet;
thence
North 87 degrees 10 minutes 44 seconds West (N 87°10'44" W), a distance of 937.67
feet; thence
South 73 degrees 24 minutes 24 seconds West (S 73°24'24" W), a distance of 715.46
feet to the point ofbeginning. Said Parcel contains 131.569 acres more or less.
476328 B-936 P-419 04/06/95 10: 49A PG 70 OF 94
Legal Description: Future Filing West of County Road
A parcel ofland siruated in Sections 12, 13, and 24, Township 7 South, Range 89 West.
and in Section 19, Township 7 South, Range 88 West, all of the Sixth Principal l\foridian,
said parcel being more particularly described as follows:
Beginning at the South 1/4 Corner of said Section 12 thence
North 00 degrees 11minutes14 seconds West (N 00°11'14" W) along the North South
centerline of said Section 12, a distance of 197.43 feet to a point on the Right-of-Way line
of Garfield County Road No. 109; thence along said Right of way the following nineteen
(19) courses:
South 13 degrees 28 minutes 04 seconds East (S 13°28'04" E), a distance of 297.39
feet; thence
South 09 degrees 05 minutes 41 seconds East (S 09°05'41" E), a distance of 567.76
feet; thence
South 17 degrees 42 minutes 56 seconds East (S 17°42'56" E), a distance of 744.93
feet; thence
South 40 degrees 03 minutes 42 seconds East (S 40°03'42" E), a distance of 183.48
feet; thence
South 32 degrees 40 minutes 06 seconds East (S 32°40'06" E), a distance of 479.34
feet; thence
South 20 degrees 26 minutes 02 seconds East (S 20°26'02" E), a distance of 555. 76
feet; thence
along a curve to the left having a radius of 5347.84 feet, arc length of 548.33 feet, delta
angle of 05 degrees 52 minutes 29 seconds (05°52'29"), a chord bearing of South 23
degrees 22 minutes 16 seconds East (S 23°22'16" E), and a chord length of 548.09 feet;
thence
South 26 degrees 18 minutes 31 seconds East (S 26°18'31" E), a distance of 854.10
feet; thence
along a curve to the right having a radius of 670.3 3 feet, arc length of 231.09 feet, delta
angle of 19 degrees 45 minutes 08 seconds (19°45'08"), a chord bearing of South 16
degrees 25 minutes 57 seconds East (S 16°25'57" E), and a chord length of 229.94 feet;
thence
South 06 degrees 33 minutes 24 seconds !fast (S-06°T.r!4" E), a distance of i56. 75
feet; thence
along a curve to the left having a radius of 1695.67 feet, arc length of 563.17 feet, delta
angle of 19 degrees 01 minutes 46 seconds (19°01'46"), a chord bearing of South 16
degrees 04 minutes 17 seconds East (S 16°04'17" E), ru1d a chord length of 560.59 feet,
thence
South 20 degrees 41 minutes 20 seconds East (S 20°41 '20" E), a distance of 13. 75 feet;
ihence
South 29 degrees 02 minutes 45 seconds East (S 29°02'45" E), a distance of 372.01
feet thence
South 29 degrees 19 minutes 46 seconds East (S 29°19'46"' E), a distance of 503.37
feet: thence
476328 B-936 P-420 04/06/95 10: 49A PG 71 OF 94
~outlr32 de-gi-e-e~l5 minuies 50 se~Easi-(3 32°1Y50" E); ~distauce-of4l.64 feet:
thence
South 34 degrees 46 minutes 46 seconds East (S 34°46'46" E), a distance of 656.82
feet; thence
South 46 degrees 01 minutes 3 5 seconds East (S 46°0 l '35" E), a distance of 50. 02 feet;
thence
South 57 degrees 35 minutes 29 seconds East (S 57°35'29" E), a distance of 486.06
feet thence-
Souih 57 degrees r6 minutes 01 seconds East (S 57°36'01" E), a distance of 5i3:4T
feet; thence leaving said Right-01:way
North 8-1 degrees 5'7 mirn1tes 00 seconds West (N 8-1°57'00" W); a distance of 93-557
feet; thence
North 78 degrees 07 minutes 04 seconds West (N 78°07'04" W), a distance of 1354.65
feet to a point on the West line of Lot 2 said Section 24; thence
North 00 degrees 27 minutes 55 seconds East (N 00°27'55" E) along said West line, a
distance of811.92 feet to the Northwest comer of said Lot 2; thence
South 89 degrees 06 minutes 27 seconds West (S 89°06'27" W) along the South line of
said Section 13, a distance of 1335.68 feet to the South 1/4 comer of said Section 13;
thence
North 00 degrees 52 minutes 56 seconds East (N 00°52'56" E) along the North South
centerline of said Section 13, a distance of 5332.05 feet to the point of beginning. Said
parcel contains 162.954 acres more or less.
476328 B-936 P-421 04/06/95 10: 49A PG 72 CF 94
~gal Description: Open Space Parcel West of County Road 109
A parcel of land situated in Section 19, Township 7 South, Range 88 West of the 6th
Principal Meridian, County of Garfield, Staie of Colorado, said parcel being more
particularly described as follows:
Beginning at a point on the Westerly Right-of-Way line of Garfield County Road No. 109
whence the West 1/4 comer of said Section 20 bears North 70 degrees 23 minutes 19
seconds East (N 70°23'19" E), a distance af1327.75 fee~ thence
North 47 degrees 20 minutes 00 seconds West (N 47°20'00" W), a distance af758.55
feet~ thence
North 89 degrees 06 minutes 43 seconds East (N 89°06'43" E), a distance of 177.52
feet; thence
along a curve to the right having a radius of 130.10 feet, arc length of 142.68 feet, delta
angle of 62 degrees 50 minutes 05 seconds (62°50'05"), a chord bearing of South 59
degrees 28 minutes 15 seconds East (S 59°28'15" E), and a chord length of 135.64 fee~
thence
South 28 degrees 03 minutes 13 seconds East (S 28°03'13" E), a distance of 259.67
feet; thence
along a curve to the left having a radius of 1554.54 feet, arc length of 260. 76 feet, delta
angle of 09 degrees 36 minutes 39secands (09°36'39"), a chord bearing of South 32
degrees 51 minutes 33 seconds East (S 32°51'33" E), and a chard length af260.45 feet ta
the point ofbeginning. Said parcel contain 1.411 acres more or less.
476328 B-936 P-422 04/06/95 10:49A PG 73 OF 94
Lc,_cal D~scription: Future Filing No. 3
A parcel of land siruated in Section 20, Township 7 South, Range 88 \Vest of the Sixth
Principal Mendian, County of Garfield, State of Colorndo. said parcel being more
panicularly described as follows:
Bt'ginning at a point on the West line of Lot 4 said Section 20 whence the \Vest 114 comer
of said Section 20 bears South 37 degrees 43 mmutes 38 seconds West (S 37°43;38" W) a
distance of 1139.09 feet; thence
N-0r'.h 84 degrees-49--minutes-54 sevonds East (N-84°49'54" E), a disfance of 38.88
feet; thence
North 85 degrees 29 minutes 12 seconds East (N 85°29'12" E), a distance of 4 7.40
feet; thence
South 85 degrees 49 minutes 41 seconds East (S 85°49'41" E), a distance of 103.69
feet; thence
South 88 degrees 22 minutes 30 seconds East (S 88°22'30" E), a distance of 88.83 feet:
thence
North 80 degrees 42 minutes 21 seconds Ellilt (N 80°42'21" E), a distance of 29.94 feet;
thence
North 64 degrees 50 minutes 54 seconds Ellilt (N 64°50'54" E), a distance of99.58 feet;
thence
North 70 degrees 51 minutes 54 seconds East (N 70°51'54" E), a distance of 37.92
feet; thence
South 84 degrees 32 minutes 22 seconds East (S 84°32'22" E), a distance of 37.12 feet;
thence
South 59 degrees 18 minutes 15 seconds Ellilt (S 59°18'15" E), a distance of 53. 70 feet;
thence
South 40 degrees 58 minutes 58 seconds East (S 40°58'58" E), a distance of 62.22 feet;
thence
South 28 degrees 48 minutes 44 seconds East (S 28°48'44" E), a distance of 153.29
feet: thence
South 33 degrees 50 minutes 49 seconds East (S 33°5_0'4Q" E), a distance of 107.91
feet; thenc·e
South 22 degrees 12 mmutes 02 seconds West (S 22°12'02" \V), a distance of 7 .46 feet;
thence
North 67 degrees 47 minutes 58 seconds West (N 67°47'48" W), a distance of 47.00
feet; thence
along a curve to the left having a radius of 47.50 feet, arc length of 225.24 feet, delta
angl~ of 271 degrees 39 minutes 25 seconds (271°39'25"), a chord bearing of South 22
degrees 47 mmuks 58 seconds East (S 22°47'58" E), and a chord length of 66.20 fret;
thence
North 22 degrees 12 mmutes 02 seconds East (N 22°12'02" El, a distance of 19.82 feet:
thence
South 67 degrees .p nnnutes 58 Sc'conds East (S 67°47'58" E), a cti,tanc,o of 12.SO feet:
the11ce
4713328 B-936 P-423 04/0'l/95 10: 49A PG 74 OF 9·l
South 26 degrees 24 minutes 36 seconds West (S 26°24'36" W), a distance of 114.59
f<et: thence
North 84 degrees 02 minutes 52 seconds West (N 84°02'52" W), a distance of 82.73
feet; thence
South 68 degrees 29 minutes 14 seconds W.est (S 68°29'14" W), a distance of 48.10
feet; thence
South 39 degrees 30 minutes 15 seconds West (S 39°30'15" W), a distance of 92.40
feet; thence
South 66 degrees 36 minutes 47 seconds West (S 66°36'47" W), a distance of 247.00
feet; thence
North 88 degrees 57 minutes 43 seconds West (N 88°57'43" W), a distance of 217.91
foet; thence
South 00 degrees 04 minutes 00 seconds East (S 00°04'00" E), a distance of 4. 91 feet;
thence
South 89 degrees 58 minutes 18 seconds West (S 89°58'18" W), a distance of 469.64
feet; thence
North 61 degrees 16 minutes 12 seconds East (N 61°16'12" E), a distance of 10.41 feet
to a point on the South line of Lot 3 said Section 20; thence
North 89 degrees 58 minutes 18 seconds East (N 89°58'18" E) along the South line of
said Lot 3, a distance of 455.50 feet to the Southwest comer of Lot 4 said Section 20;
thence
North 00 degrees 04 minutes 00 seconds West (N 00°04'00" \V) along the West line of
said Lot 4, a distance of558.91 feet to the point of beginning. Said parcel contains 7.278
acres more or less.
4 76328 B-936 P-1'4 04/06/95 10: 49A PG 75 OF 9 l
Legal Description Future Filing No. 2
A parcel of land situated in Section 19, Township 7 South, Range 88 West of the Si;..1h
Principal Meridian, county of Garfield, state of Colorado, said parcel being more
particularly described as follows:
Beginning at a point whence the East 1/4 corner of said Section 19 bears South 65 degrees
00 minutes 15 seconds East (S 65°00'15" W) a distance of512.66 feet; thence
South 22 degrees 23 minutes 45 seconds West (S 22°23'45" W), a distance of 58.01
feet; thence
South 66 degrees 12 minutes 56 seconds East (S 66°12'56" E), a distance of 84.22 feet;
thence
North 30 degrees 08 minutes 05 seconds East (N 30°08'05" E), a distance of 55.57
feet; thence
South 66 degrees 22 minutes 41 seconds East (S 66°22'41" E), a distance of 295.21
feet; thence
South 30 degrees 31 minutes 50 seconds West (S 30°31'50" W), a distance of 90.06
feet; thence
South 25 degrees 06 minutes 28 seconds West (S 25°06'28" W), a distance of 139.68
feet; thence
South 11 degrees 11 minutes 06 seconds West (S 11°11'06" W), a distance of 142.01
feet; thence
Souih 30 degrees 40 minutes 10 seconds West (S 30°40'10" W), a distance of 41.93
feet; thence
South 29 degrees 40 minutes 23 seconds East (S 29°40'23" E), a distance of 16.55 feet;
thence
South 00 degrees 07 minutes 07 seconds East (S 00°07'07" E), a distance of 101.11
feet; thence
South 28 degrees 07 minutes 48 seconds West (S 28°07'48" W), a distance of 30.95
feet; thence
South 71 degrees 27 minutes 58 seconds West (S 71°27'58" W), a distance of 25.52
feet; thence
South 39 degrees 07 minutes 39 seconds West (S 39°07'39" W), a distance of 44.88
feet; thence
South 08 degrees 40 minutes 46 seconds West (S 08°40'46" W), a distance of 207.43
feet; thence
South 78 degrees 15 minutes 59 seconds East (S 78°15'59" E), a distance of 13.83 feet;
thence
South 06 degrees 20 minutes 50 seconds West (S 06°20'50" W), a distance of 33.99
feet; thence
South 12 degrees 48 minutes 06 seconds \Vest (S 12°48'06" \V), a distance of 415.20
feet; thence
South 66 degrees 52 minutes 34 seconds West (S 66°52'34" W), a distance of 43.55
feet; thence
;>forth 31 degrees 42 minutes 03 seconds West (N 31°42'03" Wj, a distance of 220.56
f;-~t: thenc~
476'128 B-936 P-425 04/06/95 l0:49A PG 76 OF 94
North 06 degrees 45 minutes 48 seconds East (N 06°45'48" E), a distance of 22.85 feet;
thence
along a curve to the right having a radius of 46.00 feet, arc length of 74.42 feet, delta
angle of 92 degrees 42 minutes 00 seconds (92°42'00"), a chord bearing of North 39
degrees 03 minutes 49 seconds West (N 39°03'49" W), and a chord length of 66.57 feet;
thence
North 87 degrees 19 minutes 52 seconds West (N 87°19'52" W), a distance of 40.19
feet; thence
North 45 degrees 14 minutes 34 seconds West (N 45°14'34" W), a distance of 844.22
feet to a point on the Easterly Right-of-Way of Garfield County Road No. 109; thence along
said Easterly Right-of-Way the following three (3) courses:
along a curve to the right having a radius of 1494.54 feet, arc length of 131.31 feet,
delta angle of05 degrees 02 minutes 03 seconds (05°02'03"), a chord bearing of North 30
degrees 34 minutes 15 seconds West (N 30°34'15" W), and a chord length of 131.27 feet;
thence
North 28 degrees 03 minutes 13 seconds West (N 28°03'13" W), a distance of 259.67
feet; thence
along a curve to the left having a radius of 190.10 feet, arc length of 11.23 feet, delta
angle of 03 degrees 23 minutes 04 seconds (03°23'04"), a chord bearing of North 29
degrees 44 minutes 45 seconds West (N 29°44'45" W), and a chord length of 11.23 feet;
thence leaving said Easterly Right-of-Way
North 67 degrees 43 minutes 41 seconds East (N 67°43'41" E), a distance of 436.62
feet; thenca
South 49 degrees 56 minutes 58 seconds East (S 49°56'58" E), a distance of 65.78
feet; thence
North 69 degrees 32 minutes 37 seconds East (N 69°32'37" E), a distance of 27.32 feet;
thence
North 00 degrees 16 minutes 41 seconds West (N 00°16'41" W), a distance of 63.84
feet; thence
North 67 degrees 46 minutes 08 seconds East (N 67°46'08" E), a distance of 176.65
feet; thence
South 67 degrees 27 minutes 41 seconds East (S 67°27'41" E), a distance of 296.16
feet; thence
along a curve to the right having a radius of 400.00 feet, arc length of 41.53 feet, delta
angle of 05 degrees 56 minutes 55 seconds (05°56'55"), a chord bearing of North 19
degrees 25 minutes 17 seconds East (N 19°25'17" E), and a chord length of 41.51 feet;
thence
North 22 degrees 23 minutes 45 seconds East (N 22°23'45" E), a distance of 15.57
feet; thence
South 67 degrees 36 minutes 15 seconds East (S 6i0 36'15" E), a distance of71.00 feet
to the point ofbeginning. Said parcel contains 23.407 acres more or less.
4 78228 B-936 P-428 04/06/95 10: 49A PG 77 OF 94
Legal Description Future Filing Parcel No. 1
A parcel of land siruated in Sections 19 and 20, Township 7 South, Range 88 West of the
Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more
particularly described as follows:
Beginning at a point whence the West 1/4 comer of said Section 20 bears South 67 dewees
36 minutes 22 seconds West (S 67°36'22" W) a distance of 486.60 feet; thence ~
South 78 degrees 26 minutes 30 seconds East (S 78°26'30" E), a distance of 424.67
feet; thence
S-outti 4U degrees JS-miiiutes 51 seconds Fast (S-4WJ5'3T' E), a distance of 4T.rr feet;
thence
South 03 degrees 12 minutes 03 seconds West (S 03°12'03" W), a distance of 113.90
feet; thence
Worth 83 degrees 43 minutes 05 seconds East (W83"43'05"E), a distance ofJ4:~
feet; thence
North 00 degrees 09 minutes 19 seconds East (N 00°09' 19" E), a distance of 111. 28
feet; thence
North 36 degrees 26 minutes 14 seconds East (N 36°26'14" E), a distance of 42.67
feet; thence
North 65 degrees 24 minutes 12 seconds East (N 65°24'12" E), a distance of 293.84
feet; thence
South 52 degrees 42 minutes 02 seconds East (S 52°42'02" E), a distance of71.32 feet;
thence
South 25 degrees 12 minutes 32 seconds East (S 25°12'32" E), a distance of76.06 feet;
thence
North 72 degrees 40 minutes 37 seconds East (N 72°40'37" E), a distance of 29.14 feet;
thence
North 17 degreei;-45-minutes 06 seconds West (N 17°45'06" W); a distanc_,_ of 81.09-
feet; thence
North 15 degrees 41minutes35 seconds East (N 15°41'35" E), a distance of76.51 fe~l:
thence
North 66 degrees 08 minutes 59 seconds East (N 66°08'59" E), a distance of 231.73
feet; thence
South 13 degrees 05 minutes 31 seconds West (S 13°05'31" W), a distance of 97.72
feet: thence
along a cu!>'e to the left having a radius of 243.50 feet, arc length of 137.66 feet, delta
angle of 32 degrees 23 minutes 25 seconds (32°23'25"), a chord bearing of South 03
degrees 06 minutes 12 seconds East (S 03°06'12" E), and a chord length of 135.83 feet:
thence
South 19 degrees 17 minutes 54 seconds East (S 19°17'54" E), a distance of 123.05
feet; thence
along a curve to the right having a radius of 396.50 feet. arc length of 273 .23 feet. de !ta
angle of 39 degrees 28 minutes 58 seconds (39°28'58"), a chord bearing of South 00
degrees 26 minutes 35 seconds West (S 00°26'35" \V), and a chord length of 267.86 feet
thence
476328 B-936 P-427 04/06/95 10: ,igA PG 78 OF 94
along a curve to the right having a radius of24.00 feet, arc length of 21.67 feet, delta
angle of 51 degrees 43 minutes 30 seconds (51°43'30"), a chord bearing of South 46
degrees 02 minutes 48 seconds West (S 46°02'48" W), and a chord length of 20.94 feet;
thence
North 33 degrees 01 minutes 35 seconds West (N 33°01'35" W), a distance of 339.69
feet; thence
South 72 degrees 23 minutes 52 seconds West (S 72°23'52" W), a distance of 161.31
feet; thence
South 17 degrees 15 minutes 05 seconds West (S 17°15'05" W), a distance of 78.00
feet; thence
along a curve to the right having a radius of 46.00 feet, arc length of 19.15 feet, delta
angle of 23 degrees 51 minutes 06 seconds (23°51'06"), a chord bearing of South 31
degrees 15 minutes 25 seconds East (S 31°15'25" E), and a chord length of 19.01 feet;
thence
South 19 degrees 19 minutes 52 seconds East (S 19°19'52" E), a distance of 76.89 feet;
thence
along a curve to the left having a radius of 19.00 feet, arc length of 23.36 feet, delta
angle of 70 degrees 25 minutes 50 seconds (70°25'50"), a chord bearing of South 54
degrees 32 minutes 47 seconds East (S 54°32'47" E), and a chord length of 21.91 feet;
thence
along a curve to-the-left having-a radius of 764;50 feet; arc length of 40,58-feet; delta
angle of 03 degrees 02 minutes 30 seconds (03°02'30"), a chord bearing of South 88
degrees 43 minutes 03 seconds West (S 88°43'03" W), and a chord length of 40.58 feet;
thence
South 87 degrees 11 minutes 48 seconds West (S 87°11'48" W), a distance of 294.24
feet; thence
along a curve to the right having a radius of 685.50 feet, arc length of 301.49 feet, delta
angle of 25 degrees 11 minutes 56 seconds (25°11'56"), a chord bearing of North 80
degrees 12 minutes 13 seconds West (N 80°12'13" W), and a chord length of 299.06 feet;
thence
North 67 degrees 36 minutes 15 seconds West (N 67°36'15" W), a distance of 200.00
feet; thence
North 22 degrees 23 minutes 45 seconds East (N 22°23'45" E), a distance of 20.00 feet;
thence
North 67 degrees 36 minutes 16 seconds West (N 67°36'16" W). a distance of 538.35
feet; thence
North 34 degrees 10 minutes 42 seconds East (N 34°10'42" E), a distance of 5.11 feet;
thence
South 67 degrees 36 minutes 16 seconds East (S 67°36'16" E). a disiru1ce of 499.04
feet; thence
North 10 degrees 58 minutes 54 seconds East (N 10°58'54" E). a distance of 246.43
foet to the point ofbeginning. Said parcel contains 8.682 acres more or less.
476328 B-936 P-428 lH/06/95 10: 49A PG 79 or 81
20037_7 -3/30/95
EXHIBIT C
Legal Description of Country Club Property
[See Attached]
476328 B-93G P-429 04/06/85 10:~9A PG 80 OF 94
Legal Description: Equestrian Parcel
A parcel of land situated in Section 20, township 7 South, Range 88 West of the Sixth
Principal Meridian, Countv of Gadield, State of Colorado, said parcel being more
particularly described as foilows:
Beginning at the Northeast comer of Lot 1 said Section 20; thence
South 87 degrees 45 minutes 35 seconds East (S 87°45'35" E) along the North line of
said Section 20, a distance ofl325.81 feet to the Nl/4 Comer of said Section 20; thence
South 00 degrees 13 minutes 22 seconds East (S 00°13'22" E) along the North South
Centerline of said Section 20, a distance ofl314.93 feet; ihence
South 00 degrees 13 minutes 58 seconds East (S 00°13'58" E) along said North South
centerline, a distance of 98. 70 feet to the Northwest comer of Lot 19 said Section 20;
thence
North 89 degrees 40 minutes 00 seconds East (N 89°40'00" E) along the North line of
said Lot 19, a distance of 1307.28 feet to the Northeast comer of said Lot 19; thence
South 00 degrees 00 minutes 08 seconds West (S 00°00'08" W) along the East line of
said Lot 19, a distance of 1303.37 feet to the Southeast comer of said Lot 19; thence
North 89 degrees 55 minutes 27 seconds East (N 89°55'27" E) along the North line of
Lot 20 of said Section 20, a distance of 1303.51 feet to the East 1/4 comer of said Section
20; ihence
South 01 degrees 23 minutes 50 seconds East (S 01°23'50" E) along the East line of
said Section 20, a distance ofl320.18 feet to the Southeast comer of said Lot 20; thence
North 89 degrees 35 minutes 53 seconds West (N 89°35'53" W), a distance of 684.04
feet to the Northwest comer ofLot 21 said Section 20; thence
South 01 degrees 30 minutes 51 seconds West (S 01°30'51" W) along the West line of
said Lot 21, a distance of 1167.69 feet to a point on the Northerly Right-of-Way of
Colorado State Highway No. 82; thence along said northerly Right-of-Way the following
eight (8) courses:
North 52 degrees 59 minutes 30 seconds West (N 52°59'30" W), a distance of 44.97
feet; thence
North 39 degrees 51 minutes 30 seconds West (N 39°51'30" W), a distance of 455.00
feet; thence
along a curve to the right having a radius of 5730.00 feet, arc length of 435.91 feet,
delta angle of 04 degrees 21 minutes 3 lseconds (04°21'3 l"), a chord bearing of North 37
degrees 36 minutes 30 seconds West (N 37°36'30" W), and a chord length of 435.81 feet;
thence
North 35 degrees 21 minutes 30 seconds West (N 35°21'30" W), a distance of 495.00
feet; thence
North 52 degrees 03 minutes 30 seconds West (N 52°03'30" W), a distance of 104.40
feet; thence
North 35 degrees 21 minutes 30 seconds West (N 35°21'30" W), a distance of 1600.00
feet; thence
~orth 18 decrees 39 minutes 30 seconds \Vest (N 18°39'30" W), a distance of 104.40
feet; thence
-+76328 B-936 P-430 04/06/95 10:49A PG 81 OF 9-l
North 35 degrees 21 minutes 30 seconds West (N 35°21'30" W), a distance of 2312.28
foet a point on the North South centerline oftlte N\Vl/4 of said Section 20; thence
North 00 degrees 05 minutes 52 seconds East (N 00°05'52" E) along said North South
centerline, a distance of 762. 70 feet to the point of beginning Said parcel contains; and
containing 167.006 acres more or less.
476328 B-936 P--131 04/06/95 10: -!9A PG 82 OF 94
Legal Description -Golf Course Pai·cel No. Nine:
A parcel of land situated in Section 13, Tovmship 7 South, Range 89 West of the 6th
Principal Meridian, County of Garfield, State of Colorado, said parcel being more
particularly described as follows:
Beginning at a point on the Easterly Right-of:Way of Garfield County Road No. 109
whence the West 114 comer of Section 20, Township 7 South, Range 88 West of the 6th
Principal Meridian bears South 51 degrees 35 minutes 30 seconds East (S 51°35'30" E), a
distance of6159.98 feet; thence along said Easterly Right-of-Way
along a curve to the right having a radius of 5287.84 feet, arc length of 542.18 feet,
delta angle of05 degrees 52 minutes 29 seconds (05°52'29"), a chord bearing ofNorth 23
degrees 22 minutes 16 seconds West (N 23°22'16" W), and a chord length of54L95 feet;
thence continuing along said Easterly Right-of-Way
North 20 degrees 26 minutes 02 seconds West (N 20°26'02" W), a distance of 116.34
feet; thence leaving said Easterly Right-of-Way
North 70 degrees 36 minutes 31 seconds East (N 70°36'3 l" E), a distance of 85. 71 feet;
thence
South 85 degrees-37 minutes-4-7 seconds-East (S 85°37'4-7" E), a distance of 7~0.35
feet; thence
North 31 degrees 39 minutes 58 seconds East (N 31°39'58" E), a distance of 99.63 feet;
thence
South 58 degrees 55 minutes 20 seconds East (S 58°55'20" E), a distance of32.30 feet;
thence
along a curve to the right having a radius ofJ46.50 feet, arc length of 514.01 feet, delta
angle of 84 degrees 59 minutes 42 seconds (84°59'42"), a chord bearing of South 16
degrees 25 minutes 29 seconds East (S 16°25'29" E), and a chord length of 468.16 feet;
thence
South 26 degrees 04 minutes 22 seconds West (S 26°04'22" W), a distance of 32.70
feet; thence
North 58 degrees 00 minutes 37 seconds West (N 58°00'37" W), a distance of 118.00
feet; thence
South 35 degrees 53 minutes 35 seconds West (S 35°53'35" W), a distance of 5.60 feet;
thence
South 61 degrees 58 minutes 31 seconds West (S 61°58'31" W), a distance of 14.61
feet; thence
North 87 degrees 13 minutes 02 seconds West (N 87°13'02" W), a distance of 18.48
feet; thence
North 58 degrees 18 minutes 20 seconds West (N 58°18'20" W), a distance of 21.73
feet; thence
North 59 degrees 44 minutes 01 seconds West (N 59°44'01" W), a distance of 30.48
feet; thence
North 75 degrees 34 minutes 55 seconds West (N 75°34'55" W), a distance of 14.67
feet; thence
North 38 degrees 44 minutes 30 seconds West (N 38°44'30" W), a distance of 18.22
feet; thence
478328 B-9~1f) P-132 04/0G/95 10: 4DA PG 83 OF 9 .. J
North 23 degrees 14 minutes 12 seconds West (N 23°14'12" W), a distance of 38.96
feet; thence
North 80 degrees 35 minutes 14 seconds West (N 80°35'14" W), a distance of 16.02
feet; thence
South 74 degrees 22 minutes 02 seconds .West (S 74°22'02" W), a distance of 23.93
feet; thence
South 67 degrees 18 minutes 05 seconds West (S 67°18'05" W). a distance of 21.22
feet; thence
North 87 degrees 22 minutes 23 seconds West (N 87°22'23" W), a distance of 21.48
feet; thence .
Nortlr 5"3 degrees 36 minutev 33 seTIJ11ds-West-(N 5J''J6'33" W), a distanc~ of 15".79
feet; thence
North 34 degrees 50 minutes 31 seconds West (N.34°50'31" W), a distance of 38.55
feet; thence
North 85 degrees 37 minutes 23 seconds West (N 85°37'23" W), a distance of 13.53
feet; thence
South 69 degrees 15 minutes 58 seconds West (S 69°15'58" W), a distance of 38.39
feet; thence
North 76 degrees 09 minutes 49 seconds West (N 76°09'49" W), a distance of 11.00
feet; thence
North 49 degrees 38 minutes 15 seconds West (N 49°38'15" W), a distance of 44. 76
feet; thence
South 82 degrees 58 minutes 28 seconds West (S 82°58'28" W), a distance of 42.85
feet; thence
North 77 degrees 37 minutes 25 seconds West (N ?7°37'25" W), a distance of 12.69
feet; thence
North 31 degrees 08 minutes 09 seconds West (N 31°08'09" W), a distance of 54.46
feet; thence
North 79 degrees 01 minutes 23 seconds West (N 79°01'23" W), a distance of 126. 74
feet; thence
South 35 degrees 37 minutes 47 seconds West (S 35°37'47" W), a distance of.80.54
feet; thence
South 22 degrees 30 minutes 54 seconds East (S 22°30'54" E), a distance of 588.42
feet; thence
South 62 degrees 05 minutes 53 seconds East (S 62°05'53" E), a distance of 136.19
feet; thence
South 25 degrees 39 minutes 44 seconds East (S 25°39'44" E), a distance of 490.62
feet; thence
South 37 degrees 55 minutes 57 seconds East (S 37°55'57" E), a distance of 251.16
feet; thence
South 04 degrees 53 minutes 39 seconds West (S 04°53'39" W), a distance of 150.03
feet; thence
South 20 degrees 35 minutes 57 seconds East (S 20°35'57" E), a distance of 394.30
feet; thence
South 35 degrees 43 minutes 58 seconds East (S 35°43'58" E). a distance of 102.05
feet; thence
4 7G328 B-936 P-433 04/06/95 10: -19A PG 84 or 94
South 03 degrees 36 minutes 18 seconds East (S 03°36'18" E), a distance of 263.86
feet; thence
along a curve to the left having a radius of814.50 feet, arc length of 47.93 feet, delta
angle of 03 'degrees 22 minutes 19 seconds (03°22'19"), a chord bearing of South 78
degrees 47 minutes 33 seconds West (S 78°4 7'33" W), and a chord length of 4 7.93 feet;
thence
North 29 degrees 23 minutes 03 seconds West (N 29°23'03" W), a distance of 871.12
feet; thence
South 79 degrees 46 minutes 03 seconds West (S 79°46'03" W), a distance of87.38 feet
to a point on said Easterly right-of-Way; thence
North 06 degrees 33 minutes 24 seconds West (N 06°33'24" W) along said Right-of-
Way, a distance of21.41 feet; thence continuing along said Right-of-Way
along a curve to the left having a radius of 730.33 feet, arc length of 251. 77 feet, delta
angle of 19 degrees 45 minutes 06 seconds (19°45'06"), a chord bearing of North 16
degrees 25 minutes 57 seconds West (N 16°25'57" W), and a chord length of250.53 feet;
thence
North 26 degrees 18 minutes 31 seconds West (N 26°18'31" W) along said Right-of-
Way, a distance of854.10 feet to the point of beginning. Said parcel contains 18.952 acres
more or less.
4 7G328 B-93G P-434 04/06/95 10: t9A PG 85 OF 91
Legal Description: Go!fCow·se Parcel -:\o. 10
A parcel ofland situated in Section 13, Township 7 South, Range 89 West and in Sections
18,19, and 20, To"'uship 7 South, Range 88 West of the 6th Principal Meridian, Comuy of
Garfield, State of Colorado, said parcel being more particularly described as follows:
Beginning at a point whence the West 114 Comer of said Section 20 bears South 44
degrees 58 minutes 12 seconds East (S 44 °58'12" E), a distance of 5669. 71 feet; thence
along a curve to the left having a radius of 373.50 feet, arc length of 554.07 feet, delta
angle of 84 degrees 59 minutes 42 seconds (84°59'42"), a chord bearing of North 16
degrees 25 minutes 29 seconds West (N 16°25'29" W), and a chord length of 504.64 feet;
thence
North 58 degrees 55 minutes 20 seconds West (N 58°55'20" W), a distance of 32.02
feet; thence
North 31 degrees 3 9 minutes 5 8 seconds East (N 31°39' 5 8" E), a distance of 77.3 3
feet; thence
South 30 degrees 27 minutes 02 seconds East (S 30°27'02" E), a distance of 430.17
feet; thence
South 30 degrees 32 minutes 18 seconds East (S 30°32'18" E), a distance of 1822.07
feet; thence
North 89 degrees 46 minutes 00 seconds East (N 89°46'00" E), a distance of 289.11
feet; thence
North 00 degrees 36 minutes 19 seconds East (N 00°36'19" E), a distance of 716.59
feet, thence
South 89 degrees 23 minutes 42 seconds East (S 89°23'42" E), a distance of 15.53 feet;
thence
along a curve to the right having a radius of 1033.63 feet, arc length of 292.65 feet,
delta angle of 16 degrees 13 minutes 19 seconds (16°13'19"), a chord bearing of North 09
degrees 19 minutes 50 seconds East (N 09°19'50" E), and a chord length of 291.67 feet;
thence
North 89 degrees 55 minutes 05 seconds East (N 89°55'05" E), a distance of89.99 feet
to a point in the centerline of the Roaring Fork River; thence along said centerline the
followmg nineteen (19) courses:
South 25 degrees 46 minutes 54 seconds West (S 25°46'54" Wl, a distance of 106.22
foet; thence
South 07 degrees 48 minutes 26 seconds \Vest (S 07°48'26" Wl, a distance of 289.87
feet; thence
South 16 degree; 19 minutes 15 seconds East (S 16°19'15" E), a distance of 186.82
foet thence
South 60 degrees 24 minutes 25 seconds East (S 60°24'25" El, a distance of 20~. 10
feet; thence
North 76 degrees 51 minutes 11 seconds East (N 76°51'11" El, a distance of 164.34
feet thence
:.forth 81 decrees .J 7 m111utes 3 6 seconds East (N 81°47'36" E), a distanc~ of 280. 3 7
f~t?t: th~nc~
476328 B-936 P-435 04/06/95 l0:49A PG 86 OF 94
:'forth 78 decrees 29 rninuks 03 seconds East (N 78'29'03'' E), a distance of 233.93
f~~L the-nc;:
South 81 degre·?s 45 minutes 25 seconds East (S 81°45'25" E), a distance of 314.48
feet: thence
South 61 degrees 08 minutes 27 seconds East (S 61°08'27" E), a distance of 374.17
feet; thence
3outtr 4u degrees 4~ minmes 37 seconds East (S 46°4&'37" E); a distance of 21i.62
feet: thence
South 07 degrees 22 minutes 34 seconds East (S 07°22'34" E), a distance of 113.14
feet; thence
South 25 degrees 51 minutes 48 seconds East (S 25°51'48" E), a distance of 225.75
feet; thence
South 08 degrees 49 minutes 55 seconds East (S 08°49'55" E), a distance of 269.98
feet; thence
South 31 degrees 27 minutes 28 seconds East (S 31°27'28" E), a distance of 259.89
feet; thence
South 46 degrees 16 minutes 00 seconds East (S 46°16'00" E), a distance of 573.86
feet; thence
South 59 degrees 53 minutes 51 seconds East (S 59°53'51" E), a distance of 279.72
feet; thence
South 41 degrees 56 minutes 37 seconds East (S 41°56'37" E), a distance of 388.06
feet; thence
South 21 degrees 26 minutes 41 seconds East (S 21°26' 41" E), a distance of 286. 20
feet; thence
South 08 degrees 56 minutes 52 seconds East (S 08°56'52" E), a distance of 81.11 feet
to a point on the North line ofLot 3, said Section 20; thence
North 88 degrees 33 minutes 13 seconds West (N 88°33'13" W) along said North line,
a distance of 163.66 feet; thence leaving said North line
North 28 degrees 50 minutes 30 seconds West (N 28°50'30" W), a distance of 132.91
feet: thence
North 34 degrees 51minutes10 seconds West (N 34°51'10" W), a distance of 189.22
foet: thence
South 73 degrees 07 minutes 24 seconds West (S 73°07'24" W), a distance of 101.22
feet; thence
North 54 degrees 45 minutes 46 seconds West (N ~4 °45'46" W), a distance of 3 26.17
feet: thence
North 74 degrees 08 minutes 48 seconds West (N 74°08'48" W), a distance of 275.90
foet: thence
South 31 degrees 28 minutes 05 seconds \Vest (S 31'28'0'" W), a distance of 56. 24
fe~t: thence
S th '6 I '' . '6 d " t I'' '6°""6" E) d. t • f 1 69 '' ou _ cegrec-~ J_ n11nutes J secon s .1. ... as ~·) _ J..:.. J ·.a ts anc-. o _ .. -J
feet: thence
South 45 de~ees .'3 nnnutes 45 seconds West (S 45''3'4:'" W)_ a distance of 103.43
f("t>t: thence
478328 B-D36 P-436 Q:J/06/95 10: •l9A PG 87 OF 9+
~onh 80 d~g;rees 47 minutes 05 seconds West (N 80°47'05" W), a distance of 206.08
foet; thence
North 26 degrees 04 minutes 17 seconds West (N 26°04' 17" W), a distance of 24 7.44
feet~ thence
No1th 34 degrees 12 minutes 10 seconds West (N 34°12'10" W), a distance of 236.44
foet; thence
North 45 degrees 02 minutes 49 seconds East (N 45°02'49" E), a distance of 73.10
feet; thence
North 16 degrees 27 minutes 43 seconds West (N 16°27'43" W), a distance of 120.09
feet; thence
North 55 degrees 49 minutes 12 seconds West (N 55°49'12" W), a distance of 117.57
feet; thence
along a curve to ihe ieft having a radius of 4i3:50 feet~ arc iengih of 33.31 feet; deita
angle of 04 degrees 36 minutes 58 seconds (04°36'58"), a chord bearing of North 01
degrees 40 minutes 52 seconds West (N 01°40'52" W), and a chord lengih of 33.31 feet;
thence
North 03 degrees 59 minutes 21 seconds West (N 03°59'21" W), a distance of 36.57
feet; thence
along a curve to the left having a radius of 273.50 feet, arc length of 63. 07 feet, delta
angle of 13 degrees 12 minutes 46 seconds (13°12'46"), a chord bearing of North 10
degrees 35 minutes 44 seconds West (N 10°35'44" W), and a chord length of 62.93 feet;
thence
North 64 degrees 35 minutes 05 seconds East (N 64°35'05" E), a distance of75.83 feet;
thence
North 01 degrees 30 minutes 16 seconds West (N 01°30'16" W), a distance of 643.33
feet; thence
North 82 degrees 08 minutes 57 seconds West (N 82°08'57" W), a distance of 225.11
feet; thence
South 74 degrees 37 minutes 21 seconds West (S 74°37'21" W), a distance of 578.44
feet; thence
North 85 degrees 55 minutes 36 seconds West (N 85°55'36" W), a distance of 105.75
feet; thence
North 64 degrees 14 minutes 15 seconds West (N 64°14'15" W), a distance of 263.32
feet; thence
North 74 degrees 35 minutes 52 seconds West (N 74°35'52" W), a distance of 514.34
feet: thence
South 22 degrees 58 minutes 59 seconds West (S 22°58'59" W), a distance of 70.42
foet; thence
South 39 degrees 34 minutes 43 seconds West (S 39°34'43" W), a distance of 106.86
· foet; thence
South 74 degrees 37 minutes 48 seconds West (S 74°37'48" W), a distance of 81.18
foet; thence
North 72 degrees 17 minutes 5 2 seconds West (N 72°17'52" W), a distance of 13 2.~6
feet; thence
).'onh 70 def?Tees 19 minutes 25 seconds \,V~st (N 70'19'25" \V), a distanc<? of~ 10.91
feet: thence
4 76328 B-936 P-437 04/06/95 lO: 49A PG 88 OF 94
South 38 degrees 26 minutes 31 seconds West (S 38°~6'3 l" W), a distance of 132.45
feet; thence
North 64 degrees 19 minutes 31 seconds West (N 64°19'31'' W), a distance of 28.69
feet; thence
North 11 degrees 09 minutes 36 seconds East (N 11°09'36" E), a distance of 133.43
feet; thence
North 01 degrees 31 minutes 25 seconds East (N 01°31'25" E), a distance of 216.59
feet; thence
North 30 degrees 24 minutes 47 seconds West (N 30°24'47" W), a distance of 454.10
feet; thence
North 22 degrees 52 minutes 40 seconds West (N 22°~2'40" W), a distance of 833.45
feet; thence
North 57 degrees 37 minutes 46 seconds West (N 57°37'46" W), a distance of 41.18
feet; thence
North 26 degrees 04 minutes 22 seconds East (N 26°04'22" E), a distance of34.12 feet~
to the point of beginning. Said parcel contains 61.403 acres more or less.
176328 B-936 P-4:38 04/06/95 HJ: 49A PG 89 OF 94
Legal Description: Golf Course Parcel No. Eight:
A parcel of land situated in Sections 13 and 24, Township 7 South, Range 89 West and
Section 19, Township 7 south, Range 88 West of the 6th Principal Meridian, County of
Garfield, State of Colorado, said parcel being more particularly described as follows:
Beginning at a-point whence the West 1/4 comer of said Section 20 bears-South 51 degrees
40 minutes 08 seconds East (S 51°40'08" E), a distance of 1215.98 feet; thence
along a curve to the left having a radius of 574.50 feet, arc length of 600.87 feet, delta
angle of 59 degrees 55 minutes 34 seconds (59°55'34"), a chord bearing of South 37
degrees 38 minutes 29 seconds East (S 37°38'29" E), and a chord length of 573.86 feet;
thence
South 67 degrees 36 minutes 15 seconds East (S 67°36'15" E), a distance of 64.96 feet;
thence
along a curve to the right having a radius of 24.00 feet, arc length of 3 7. 70 feet, delta
angle of 90 degrees 00 minutes 00 seconds (90°00'00"), a chord bearing of South 22
degrees 36 minutes 15 seconds East (S 22°36'15" E), and a chord length of 33.94 feet;
thence
South 22 degrees 23 minutes 45 seconds West (S 22°23'45" W), a distance of 15.57
feet; thence
along a curve to the left having a radius of 400.00 feet, arc length of 41.53 feet, delta
angle of 05 degrees 56 minutes 55 seconds (05°56'55"), a chord bearing of South 19
degrees 25 minutes 17 seconds West (S 19°25'17" W), and a chord length of 41.51 feet;
thence
North 67 degrees 27 minutes 41 seconds West (N 67°27'41" W), a distance of296.16
feet; thence
South 67 degrees 46 minutes 08 seconds West (S 67°46'08" W), a distance of 176.66
feet; thence
South 00 degrees 16 minutes 41 seconds East (S 00°16'41" E), a distance of63.84 feet;
thence
South 69 degrees 32 minutes 37 seconds West (S 69°32'37" W), a distance of 27.32
feet; thence
North 49 degrees 56 minutes 58 seconds West (N 49°56'58" W), a distance of 65. 78
feet; thence
South 67 degrees 43 minutes 41 seconds West (S 67°43'41" W), a distance of 436.62
feet to a point on the Easterly Right-of-Way line of Garfield County Road No. 109; thence
along said Easterly Right-of-Way the following four (4) courses:
along a curve to the left having a radius of 190.10 feet, arc length of 197.25 feet, delta
angle of 59 degrees 27 minutes 01 seconds (59°27'01"), a chord bearing of North 61
degrees 09 minutes 4 7 seconds West (N 61°09'47" W), and a chord length of 188.52 feet;
thence
South 89 degrees 06 minutes 43 seconds West (S 89°06'43" W), a distance of 181.02
feet; thence
along a Cltr.'e to the right having a radius of 1001.79 feet, arc length of 207.99 feet,
delta angle of 11 degrees 53 minutes 44 seconds (11°53'44"), a chord bearing of North 84
4763213 B-936 P-439 04/06/95 10:49A PG 90 OF 9l
degrees 56 minutes 26 seconds West (N 84°56'26" W), ru1d a chord length of207.61 feet;
thence
North 78 degrees 59 minutes 34 seconds West (N 78°59'34" W), a distance of
315.48 feet; thence leaving said Easterly Right-of-Way
North 05 degrees 08 minutes 05 seconds West (N 05°08'05" W), a distance of 162.56
feet; thence
North 74 degrees 52 minutes 10 seconds West (N 74°52'10" W), a distance ofll4.89
feet; thence
South 48 degrees 40 minutes 41 seconds West (S 48°40'41" W), a distance of 170.36
feet to a point on said Easterly Right-of-Way; thence along said Easterly Right-of-Way the
following seven (7) courses:
North 57 degrees 36 minutes 01 seconds West (N 57°36'01" W), a distance of 442.76
feet; thence
North 57 degrees 35 minutes 29 seconds West (N 57°35'29" W), a distance of 479.98
feet; thence
North 46 degrees 01 minutes 35 seconds West (N 46°01'35" W), a distance of 38.04
feet; thence
North 34 degrees 46 minutes 46 seconds West (N 34°46'46" W), a distance of 649.59
feet; thence
North 32 degrees 15 minutes 50 seconds West (N 32°15'50" W), a distance of 38. 79
feet; thence
North 29 degrees 19 minutes 46 seconds West (N 29°19'46" W), a distance of 501.69
feet; thence
North 29 degrees 02 minutes 45 seconds West (N 29°02'45" W), a distance of 109.97
feet; thence leaving said Easterly Right-of-Way
along a curve to the right having a radius of 29.00 feet, arc length of 18.79 feet, delta
angle of 37 degrees 07 minutes 30 seconds (37°07'30"), a chord bearing of North 39
degrees 31 miirutes 11 seconds East (N 39°31'11" E), and a chord length of 18.46 feet;
thence
North 58 degrees 04 minutes 56 seconds East (N 58°04'56" E), a distance of 122.06
feet; thence
along-a curve io the righihaving aradimrof3-00:00 feet; arc-lengtirof8%.SU feet; delta
angle of 16 degrees 54 minutes 4!/ secondS (I6"54'49"), a cliord bearing of North 66
degrees 32 minutes 20 seconds East (N 66°32'20" El. ruid a chord length of 88.24 feet;
thence
along a curve to the right having a radius of785.50 feet, arc length of 164.26 feet, delta
angle of 11 degrees 58 minutes 53 seconds (11°58'53"), a chord bearing of North 80
degrees 59 minutes 10 seconds East (N 80°59'10" E). ruid a chord length of 163.96 feet;
thence
South 00 degrees 51 minutes 56 seconds West (S 00°51'56" W), a distruice of 130.90
feet; thence
South 26 degrees 13 minutes 30 seconds East (S 26°13'30" E), a distance of 141.88
f~~ thence-
4 76328 B-9:36 P-·l 10 01/06/95 10: ,l9A PG 91 :JF 9~
North 70 degrees 21 minutes 58 seconds East (N 70°21'58" E), a distance of 130.18
feet; thence
South 50 degrees 28 minutes 36 seconds East (S 50°28'36" E), a distance of 72.11 feet;
thence
South 42 degrees 29 minutes 30 seconds West (S 42°29'30" W), a distance of 174.28
feet; thence
South 27 degrees 19 minutes 26 seconds East (S 27°19'26" E), a distance of94.05 feet;
thence
South 32 degrees 23 minutes 04 seconds East (S 32°23'04" E), a distance of 503.37
feet; thence
South 62 degrees 18 minutes 39 seconds East (S 62°18'39" E), a distance of 728.22
feet; thence
North 73 degrees 24 minutes 24 seconds East (N 73°24'24" E), a distance of 715.46
feet; thence
South 87 degrees 10 minutes 44 seconds East (S 87°10'44" E), a distance of 937.67
feet; thence
along a cwve to the right having a radius of 585.50 feet, arc length of 209. 78 feet, delta
angle of 20 degrees 31 minutes 42 seconds (20°31 '42"), a chord bearing of South 17
degrees 56 minutes 33 seconds East (S 17°56'33" E), and a chord length of 208.66 feet;
thence
South 07 degrees 40 minutes 42 seconds East (S 07°40'42" E), a distance of 16.48 feet;
to the point ofbeginning Said parcel contains 47.305 acres more or less.
476328 B-93f; P-441 04/06/95 10: i9A PG 92 Of 91
L~gal Description: Golf Course Clubhouse Parcel
:\parcel ofland situated in Sections 19 and 20. Township 7 South. Range 88 west of th~
Sixth Principal Meridian. County of Garfield, State of Colorado, said parcel being more
particularly described as follows:
Beginning a1 a point whence the West 1/4 Comer of said Section 20 bears South 38
degrees 06 minutes 36 seconds East (S 38°06'36" E), a distance of195.49 feet; thence
South 22 degrees 23 minutes 45 seconds West (S 22°23'45" W), a distance of 49.00
feet; thence
North 67 degrees 36 minutes 15 seconds West (N 67°36'15" W), a distance of 317.99
feet; thence
along a cUIYe to the left having a radius of 24.00 feet, arc length of 37. 70 feet, delta
angle of 90 degrees 00 minutes 00 seconds (90°00'00"), a chord bearing of South 67
degrees 23 minutes 45 seconds West (S 67°23'45" W), and a chord length of 33.94 feet;
thence
North 67 degrees 36 minutes 15 seconds West (N 67°36'15" W), a distance of 71.00
feet; thence
along a CUIYe to the left having a radius of 24.00 feet, arc length of 37.70 feet, delta
angle of 90 degrees 00 minutes 00 seconds (90°00'00"), a chord bearing of North 22
degrees 36 minutes 15 seconds West (N 22°36'15" W). and a chord length of 33.94 feet;
thence
North 22 degrees 23 minutes 45 seconds East (N 22°23'45" E), a distance of 29.00 feet;
thence
North 67 degrees 36 minutes 15 seconds West (N 67°36'15" W), a distance of 64.96
feet; thence
along a cwve to the right having a radius of 545.50 feet. arc length of 570.54 feet, delta
angle of 59 degrees 55 minutes 34 seconds (59°55'34"), a chord bearing of North 37
degrees 38 minutes 29 seconds West (N 37°38'29" W), and a chord length of 544.89 feet;
thence
North 07 degrees 40 minutes 42 seconds West (N 07°40'42" W), a distance of 16.48
feet; thence
along a curve to the left having a radius of 614.50 feet, arc length of 69.53 foet, delta
angle of 06 degrees 28 minutes 59 seconds (06°28'~9"). a chord bearing of North 10
degrees 55 minutes 11 seconds West (N 10°55'11" W), and a chord length of 69.49 feet;
thence
North 74 degrees 30 minutes 49 seconds East (N 74°30'49" E), a distance of 164.87
feet; thence
South 81 degrees 48 minutes 01 seconds East (S 81°48'01" E), a distance of 259.84
feet: thence
South 18 degrees 35 minutes 49 seconds East (S 18°35'49" E). a distance of89.00 foet:
thence
South 22 degrees 2~ minutes 34 seconds West (S 22°25'14" W), a distanc; of 46.7'
feet: thence
South 64 degrees 16 m11mres 44 seconds East (S 64' 16'44" E). a distruKc of 393.48
foet: thenc,,
l 7fJ328 B-93f3 r-H2 0 I /OG/95 1(): HL\ PG 93 or 9"4
South 37 degrees 17 minutes 11 seconds East (S 37°17'11" E). a distru1ce of 263.38
feet; thence
North 89 degrees 58 minutes 18 seconds East (N 89°58'18" E). a distance of 241.98
feet; thence
South 61 degrees 16 minutes 12 seconds West (S 61°16'12" W), a distance of 16.23
feet; thence
South 83 degrees 06 minutes 30 seconds Wesi (S 83°06'30" W), a distance of 16.32
feet; thence
South 57 degrees 43 minutes 29 seconds West (S 57°43'29" W). a distance of 121.35
feet; thence
South 68 degrees 37 minutes 29 seconds West (S 68°37'29" W), a distance of 54.87
feet; thence
South 46 degrees 05 minutes 36 seconds West (S 46°05'36" W), a distance of 59.27
feet; thence
South 72 degrees 35 minutes 21 seconds West (S 72°35'21" W), a distance of 17.71
feet; thence
South 50 degrees 22 minutes 13 seconds West (S 50°22'13" W). a distance of 33.24
feet; thence
South 34 degrees 10 minutes 42 seconds West (S 34°10'42" W), a distance of 60.77
feet; thence
North 67 degrees 36 minutes 16 seconds West (N 67°36'16" W), a distance of 64.17
feet to the point ofbeginning. Said parcel contains 9.286 acres more or less.
4 76328 B-936 P-H3 04/0C/95 10: 49A PG 94 OF 94
MASTER DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ASPEN GLEN
20037 7 -3/30/95
I llllll lllll llllll llll 111111111111111111111111111111111
626952 05/08/2003 04:49P 81467 P910 M ALSDORF
1 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO
FOURTEENTH SUPPLEMENTAL DECLARATION
TO MASTER DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
FOR ASPEN GLEN
THIS SUPPLEMENTAL DECLARATION, effective this S'h day of May, 2003, is made by
ASPEN GLEN GOLF COMP ANY, a Colorado Limited Partnership (hereinafter the Declarant).
RECITALS
A. Declarant is the owner of that certain real property located in Garfield County,
Colorado, more particularly described on the attached Exhibit A (hereinafter the Property).
B. By Master Declaration of Covenants, Conditions and Restrictions for Aspen Glen
recorded in the office of the Clerk and Recorder of Garfield County, Colorado in Book 936 at Page
350 (hereinafter the Master Declaration), Declarant created a Common Interest Community known
as Aspen Glen. The Master Declaration (as it may be duly amended or supplemented from time to
time) is incorporated in this Fourteenth Supplemental Declaration by reference.
C. Pursuant to Section 6.8 of the Master Declaration, Declarant reserved the right to
annex to the Aspen Glen Community Area all or any part of the "Annexable Property" described on
Exhibit B to the Declaration. The property described on Exhibit A hereto constitutes a portion of
said Annexable Property.
D. Declarant desires by this Fourteenth Supplemental Declaration to annex to the Aspen
Glen Community Area a portion of said Annexable Property, consisting of twenty-four (24)
additional lots, and to amend the Master Declaration accordingly, and to reallocate the allocated
interest of all Lot and Unit Owners in the Community Area accordingly.
SUPPLEMENT AL DECLARATION
NOW, THEREFORE, for the purposes set forth in the Master Declaration, Declarant, for
itself and its successors and assigns, hereby declares as follows:
1. The real property described on Exhibit A is hereby annexed to and made a part of the
Common Interest Community known as Aspen Glen. The property annexed by this Fourteenth
Supplemental Declaration is hereinafter referred to as Aspen Glen, Filing No. 4 said Property may
also be referred to as Sundance at Aspen Glen.
2. Exhibit A to the Master Declaration is hereby amended by the addition of Aspen
Glen, Filing No. 4, to the "legal description of the Community Area" and all of the lands within
-1-
I llllll lllll llllll llll 111111111111111111111111111111111
626952 05/08/2003 04:49P 81467 P911 M ALSDORF
2 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO
Aspen Glen, Filing No. 4 are hereby made expressly subject to the Master Declaration and all
covenants, conditions, restrictions, limitations, assessments, charges, servitudes, liens, reservations,
exceptions, easements, privileges, rights and other provisions set forth therein.
3. With respect to Aspen Glen, Filing No. 4, Declarant expressly reserves to itself and
its successors and assigns all of the rights set forth in Article 6 of the Master Declaration, as well as
any other rights reserved by or to Declarant in the Master Declaration.
4. The allocated interests of all Lot and Unit Owners in the Community Area are hereby
reallocated as set forth in Exhibit B attached hereto and made a part hereof by this reference.
IN WITNESS WHEREOF, Declaranthas executed this Fourteenth Supplemental Declaration
the day and year first above written.
ASPEN GLEN GOLF COMPANY,
a Colorado Limited Partnership
By: MANAGEMENT COMP ANY FOR
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
ASPEN GLEN, INC.,
a Colorado Corpor tio
its General P-'!!:'~~-
The foregoing instrument was acknowledged before me this Jf!!__ day of May, 2003, by
Donald L. Parris as Vi.ce-President of Management Company for Aspen Glen, Inc., a Colorado
Corporation, General Partner of ASPEN GLEN GOLF COMPANY, a Colorado Limite ership.
WITNESS my hand and official seal.
My commission expires:
Address:
818 t;01oraao AVenu
Glenwood Springs, CO 8 601
My Commis~inn !=voire~ lune 13. 2005
"'\ ~,~.'CP. .. ,'1.i.' ~'f··# ,,_;~~ """-• ·. < ..... J ··o ::r-J. ) "TC . /,.o
E I WP-DOCS\Larry Green\Aspen G!en\DOCUMENT\Fourteenth Supplemental Declaration to Master Dedaration of Covenants, Conditions, and Restriction for Aspen Glen, Filing No_ 4 3-27-03 wpd
-2-
111111111111111111111111111111111111111111 lllll llll llll
626952 05/08/2003 04:49P 81467 P912 M RLSDORF
3 of 7 R 36 .00 D 0.00 GARFIELD COUNTY CO
EXHIBIT A
Legal Description of Property Annexed to
Aspen Glen Community Area
by within Supplemental Declaration
Lots SD-1 through SD-24, inclusive, according to the Final Plat, Aspen Glen, Filing No. 4,
recorded May~. 2003, in the office of the Clerk and Recorder of Garfield County, Colorado,
as Reception No. /,;,X(p 949
-3-
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626952 05/08/2003 04:49P 81467 P913 M RLSDORF
4 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT B
SHARING RA nos AND ALLOCATED INTERESTS
ASPEN GLEN, FILING NO. l;
ROARING FORK MESA AT ASPEN GLEN;
ROARING FORK MESA AT ASPEN GLEN, FILING NO. 2;
ASPEN GLEN FILING NO. 2;
ASPEN GLEN FILING NO. 3;
THE PEAKS AT ASPEN GLEN;
THE PEAKS AT ASPEN GLEN, PHASE NO. 2;
THE PEAKS AT ASPEN GLEN, PHASE NO. 3;
ASPEN GLEN, FILING NO. 5;
ASPEN GLEN, FILING NO. 6;
THE FAIRWAYS AT ASPEN GLEN;
CLUBLODGE LOT 1, CLUBLODGE LOT 2, CLUBLODGE LOT 3,
CLUBLODGE LOT 4 AND CLUBLODGE LOT 5;
ASPEN GLEN FILING NO. 7;
ASPEN GLEN FILING NO. 8; AND
ASPEN GLEN, FILING NO. 4
Lots Master Association Master Association
Common ExQense Vote
Liabilitv
ASPEN GLEN FILING NO. 1
Lots Al -A23, inclusive Each Lot: 11468 Each Lot: One Vote
Lots BI -BI 0, inclusive Each Lot: 1/468 Each Lot: One Vote
Lots CI - C 11, inclusive Each Lot: 11468 Each Lot: One Vote
Lots DI -D39, inclusive Each Lot: 11468 Each Lot: One Vote
Lots D40A and D40B Each Lot: 11468 Each Lot: One Vote
Lots D42 -D45, inclusive Each Lot: 11468 Each Lot: One Vote
Lots El -E56, inclusive Each Lot: 1/468 Each Lot: One Vote
Lots Fl -F27, inclusive Each Lot: 1/468 Each Lot: One Vote
Lots G 1 -G5, inclusive Each Lot: 11468 Each Lot: One Vote
Sub-Total 178 Lots
-4-
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626952 05/08/2003 04:49P 81467 P914 M ALSDORF
5 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO
ROARING FORK MESA
AT ASPEN GLEN
Lots I -24, inclusive
Sub-Total
ROARING FORK MESA AT ASPEN
GLEN FILING NO. 2
Lots 24A, 25 -54, inclusive
Sub-Total
ASPEN GLEN FILING NO. 2
Lots GVl -GV13, inclusive
Lots IS 1 -IS23, inclusive
Sub-Total
ASPEN GLEN, FILING NO. 3
Each Lot: 1/468
24 Lots
Each Lot: 1 \468
31 Lots
Each Lot: 1/468
Each Lot: 1/468
36 Lots
Lots LI, L2, and Lots L16 -L21, inclusive Each Lot: 1/468
Lots WP! -WP16, inclusive Each Lot: 1/468
Sub-Total
THE PEAKS AT ASPEN GLEN
Lots 1-15
Sub-Total
THE PEAKS AT ASPEN GLEN,
PHASEN0.2
Lots 16-30
Sub-Total
THE PEAKS AT ASPEN GLEN,
PHASEN0.3
Lots 31-42, inclusive
Sub-Total
24 Lots
Each Lot: 1/468
15 Lots
Each Lot: 1/468
15 Lots
Each Lot: 1/468
12 Lots
-5-
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
I llllll lllll llllll llll 111111111111111111111111111111111
626952 05/08/2003 04:49P 81467 P915 M ALSDORF
6 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO
ASPEN GLEN, FILING NO. S
Lots 1-11
Sub-Total
ASPEN GLEN, FILING NO. 6
Lots L22-L25, inclusive
Lots WP17-WP20, inclusive
Lots Hl-HIO, inclusive
and Lots H35-H42, inclusive
Sub-Total
THE FAIRWAYS AT ASPEN GLEN
Lots 1-25, inclusive
Sub-Total
CLUBLODGE LOT 1,
CLUBLODGE LOT 2,
CLUBLODGE LOT 3,
CLUBLODGE LOTS 4A AND 4B
CLUBLODGE LOTS SA AND SB
Lots I -3, inclusive
Lots 4A, 4B, 5A and 5B
Sub-Total
ASPEN GLEN FILING NO. 7
Lots HI 1 -H34, inclusive
Sub-Total
ASPEN GLEN FILING NO. 8
Lots S 1 -S 16, inclusive
Sub-Total
Each Lot: 1/468
11 Lots
Each Lot: 1/468
Each Lot: 1/468
Each Lot: 1/468
Each Lot: 1/468
26 Lots
Each Lot: 1/468
25 Lots
Each Lot: 1/468
Each Lot: 1/468
7 Lots
Each Lot: 1/468
24 Lots
Each Lot: 1/468
16 Lots
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Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
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ASPEN GLEN, FILING NO. 4
Lots SD-I -SD-24, inclusive
Sub-Total
Each Lot: 1/468
24 Lots
Total Master Association Expense
Each Lot: One Vote
Total Lots: 468 Liabilities = 468/468 Total Votes: 468
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hereto be deemed a portion of the Community Area. Furthermore, Exhibit A attached hereto fully
replaces and supersedes Exhibit C to the Master Declaration.
2. Paragraph 2.14 of the Master Declaration is hereby amended to expressly provide that
the real property described on Exhibit A attached hereto is not and never has been a part of the
Community Area as described in the Master Declaration, notwithstanding that some or all of the same
may be included within the legal descriptions contained in Exhibit A attached to the Master Declaration.
3. The within amendments to the Master Declaration are made pursuant to the following
motion duly made, seconded and unanimously approved by the Members of the Homeowners
Association at Aspen Glen, Inc. present at a duly noticed and called meeting thereof held January 12,
1996:
BE IT RESOLVED thatthe Homeowners Association of Aspen Glen ratify, approve and
authorize the necessary amendments to the Declaration of Covenants, Conditions and
Restriction for Aspen Glen to correct the legal descriptions attached thereto to reflect
that the Golf Course itself is included within the "Country Club Property" and is
excluded from the Community Area.
4. Except as expressly amended hereby, all terms and conditions of the Master Declaration
shall remain in full force and effect.
STATE OF COLORADO
COUNTY OF GARFIELD
)
) SS.
)
ASPEN GLEN GOLF COMPANY,
a Colorado Limited Partnership
By: MANAGEMENT COMPAN)'.FO~
ASPEN GLEN, INC., ./
a Colorado C9,qis:>Jll!t~
its GenerP1eat!.R!w
The foregoing instrument was acknowledged before me this 28'h day of June, 2003, by Donald
L. Parris as Vice-President of Management Company for Aspen Glen, Inc., a Colorado Corporation,
General Partner of ASPEN GLEN GOLF COMPANY, a Colorado Limited Partnership.
WITNESS my hand and official seal.
818 Colorado Avenue \.
Glenwood Springs, CO 81601
My C0m:r,i~~~i,..,., ~ .. ~; .. ~~.lune 13. 2005
My commission expires:
Address:
First Amendment to Master Declaration a/Covenants, Conditions and Restrictions/or Aspen Glen
Aspen Glen Golf Company
E 'WP-DOCS'·larry (;n;en'A.l'pen Glen',fXX"fIJ!ENT'F•r.1·/ Amendmenl lo Jfa.>ler f)eclaratwn J0-7-03 wrJ
Page 2 o/2
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EXHIBIT A
Legal Description
GOLF COURSE PARCELS I AND 2 ACCORDING TO THE AMENDED PLAT OF GOLF
COURSE PARCELS I AND 2, ASPEN GLEN FILING NO. I, RECORDED APRIL 23, 1997 AS
RECEPTION NO. 507378 OF THE RECORDS OF THE CLERK AND RECORDER OF
GARFIELD COUNTY, COLORADO.
GOLF COURSE PARCEL 3 ACCORDING TO THE AMENDED PLAT OF GOLF COURSE
PARCEL 3, ASPEN GLEN FILING NO. I, RECORDED APRIL 23, 1997 AS RECEPTION NO.
507372 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY,
COLORADO.
GOLF COURSE PARCEL 4 ACCORDING TO THE AMENDED PLAT OF GOLF COURSE
PARCEL 4 AND OPEN SPACE, ASPEN GLEN FILING NO. 1, RECORDED APRIL 23, 1997 AS
RECEPTION NO. 507373 OF THE RECORDS OF THE CLERK AND RECORDER OF
GARFIELD COUNTY, COLORADO.
GOLF COURSE PARCEL 5 ACCORDING TO THE 2ND AMENDED PLAT OF GOLF COURSE
PARCEL 5, ASPEN GLEN FILING NO. 1, RECORDED NOVEMBER 26, 1997 AS RECEPTION
NO. 516974 OF THE RECORDS OF THE CLERKANDRECORDEROFGARFIELD COUNTY,
COLORADO.
GOLF COURSE PARCELS 6 AND 7 ACCORDING TO THE AMENDED PLAT OF GOLF
COURSE PARCELS 6 AND 7, ASPEN GLEN FILING NO. I, RECORDED APRIL 23, 1997 AS
RECEPTION NO. 507376 OF THE RECORDS OF THE CLERK AND RECORDER OF
GARFIELD COUNTY, COLORADO.
GOLF COURSE PARCEL 8 ACCORDING TO THE AMENDED PLAT OF GOLF COURSE
PARCEL 8, ASPEN GLEN FILING NO. 1, RECORDED APRIL 23, 1997 AS RECEPTION NO.
507374 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY,
COLORADO.
GOLF COURSE PARCEL 9 ACCORDING TO THE AMENDED PLAT OF GOLF COURSE
PARCEL 9, ASPEN GLEN FILING NO. 1, RECORDED APRIL 23, 1997 AS RECEPTION NO.
507375 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY,
COLORADO.
GOLF COURSE PARCEL 10 ACCORDING TO THE AMENDED PLAT OF GOLF COURSE
PARCEL 10 AND OPEN SPACE, ASPEN GLEN FILING NO. I, RECORDED APRIL 23, 1997
AS RECEPTION NO. 507377 OF THE RECORDS OF THE CLERK AND RECORDER OF
GARFIELD COUNTY, COLORADO.
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GOLF CLUBHOUSE PARCEL ACCORDING TO THE FINAL PLAT, ASPEN GLEN
CLUBHOUSE AND CLUBLODGE, RECORDED NOVEMBER 19, 1999 AS RECEPTION NO.
555595.
Legal Description -Equestrian Parcel
A PARCEL OF LAND SITU A TED JN SECTION 20, TOWNSHIP 7 SOUTH, RANGE 88 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, ST ATE OF COLORADO,
SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 SAID SECTION 20; THENCE SOUTH
87 DEGREES 45 MINUTES 35 SECONDS EAST ALONG THE NORTH LINE OF SAID
SECTION 20, A DISTANCE OF 1325.81 FEET TO THE N!/4 CORNER OF SAID SECTION 20;
THENCE SOUTH 00 DEGREES 13 MINUTES 22 SECONDS EAST ALONG THE NORTH
SOUTH CENTERLINE OF SAID SECTION 20, A DISTANCE OF 1314.93 FEET; THENCE
SOUTH 00 DEGREES 13 MINUTES 58 SECONDS EAST ALONG SAID NORTH SOUTH
CENTERLINE, A DISTANCE OF 98.70 FEET TO THE NORTHWEST CORNER OF LOT 19
SAID SECTION 20; THENCE NORTH 89 DEGREES 40 MINUTES 00 SECONDS EAST
ALONG THE NORTH LINE OF SAID LOT 19, A DISTANCE OF 1307.28 FEET TO THE
NORTHEAST CORNER OF SAID LOT 19; THENCE SOUTH 00 DEGREES 00 MINUTES 08
SECONDS WEST ALONG THE EAST LINE OF SAID LOT 19, A DISTANCE OF 1303.37 FEET
TO THE SOUTHEAST CORNER OF SAID LOT 19; THENCE NORTH 89 DEGREES 55
MINUTES 27 SECONDS EAST ALONG THE NORTH LINE OF LOT 20 OF SAID SECTION
20, A DISTANCE OF 1303.51 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 20;
THENCE SOUTH 01 DEGREES 23 MINUTES 50 SECONDS EAST ALONG THE EAST LINE
OF SAID SECTION 20, A DISTANCE OF 1320.18 FEET TO THE SOUTHEAST CORNER OF
SAID LOT 20; THENCE NORTH 89 DEGREES 35 MINUTES 53 SECONDS WEST, A
DISTANCE OF 684.04 FEET TO THE NORTHWEST CORNER OF LOT 21 SAID SECTION 20;
THENCE SOUTH 01 DEGREES 30 MINUTES 51 SECONDS WEST ALONG THE WEST LINE
OF SAID LOT 21, A DISTANCE OF 1167.69 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 82; THENCE ALONG SAID
NORTHERLY RIGHT-OF-WAY THE FOLLOWING EIGHT (8) COURSES:
NORTH 52 DEGREES 59 MINUTES 30 SECONDS WEST, A DISTANCE OF 44.97 FEET;
THENCE NORTH 39 DEGREES 51 MINUTES 30 SECONDS WEST, A DISTANCE OF 455.00
FEET; THENCE ALONG THE CURVE TO THE RIGHT HA YING A RADIUS OF 5730.00 FEET,
ARC LENGTH OF 435.91 FEET, DELTA ANGLE OF 04 DEGREES 21 MINUTES 31
SECONDS, A CHORD BEARING OF NORTH 37 DEGREES 36 MINUTES 30 SECONDS
WEST, AND A CHORD LENGTH OF 435.81 FEET; THENCE NORTH 35 DEGREES 21
MINUTES 30 SECONDS WEST, A DISTANCE OF 495.00 FEET; THENCE NORTH 52
DEGREES 03 MINUTES 30 SECONDS WEST, A DISTANCE OF 104.40 FEET; THENCE
NORTH 35 DEGREES 21 MINUTES 30 SECONDS WEST, A DISTANCE OF 1600.00 FEET;
THENCE NORTH 18 DEGREES 39 MINUTES 30 SECONDS WEST, A DISTANCE OF 104.40
FEET; THENCE NORTH 35 DEGREES 21MINUTES30 SECONDS WEST, A DISTANCE OF
2312.28 FEET A POINT ON THE NORTH SOUTH CENTERLINE OF THE NW!/4 OF SAID
SECTION 20; THENCE NORTH 00 DEGREES 05 MINUTES 52 SECONDS EAST ALONG
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SAID NORTH SOUTH CENTERLINE, A DISTANCE OF 762.70 FEET TO THE POINT OF
BEGINNING. SAID PARCEL CONTAINS; AND CONTAINING 167.006 ACRES MORE OR
LESS.
COUNTY OF GARFIELD
STATE OF COLORADO
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FIFTEENTH SUPPLEMENTAL DECLARATION
TO MASTER DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
FOR ASPEN GLEN
THIS SUPPLEMENTAL DECLARATION, effective this l 7'h day of December, 2004, is
made by ASPEN GLEN GOLF COMPANY, a Colorado Limited Partnership (hereinafter the
Declarant).
RECITALS
A. Declarant is the owner of that certain real property located in Garfield County,
Colorado, more particularly described on the attached Exhibit A (the "Property").
B. By Master Declaration of Covenants, Conditions and Restrictions for Aspen Glen
recorded in the office of the Clerk and Recorder of Garfield County, Colorado in Book 936 at Page
350 (hereinafter the Master Declaration), Declarant created a Common Interest Community known
as Aspen Glen. The Master Declaration (as it may be duly amended or supplemented from time to
time) is incorporated in this Fifteenth Supplemental Declaration by reference.
C. Pursuant to Section 6.8 of the Master Declaration, Declarant reserved the right to
annex to the Aspen Glen Community Area all or any part of the "Annexable Property" described on
Exhibit B to the Master Declaration. The property described on Exhibit A hereto constitutes a
portion of said Annexable Property.
D. Declarant desires by this Fifteenth Supplemental Declaration to annex to the Aspen
Glen Community Area the portion of said Annexable Property described on Exhibit A, and to amend
the Master Declaration accordingly, reserving to the Declarant, its successors and assigns, the right
in accordance with Sections 3.20 and 6.15 of the Master Declaration to further subdivide the
property described on Exhibit A into Lots and to reallocate the allocated interests of Lot and Unit
Owners in the Community Area accordingly as more specifically provided herein.
SUPPLEMENTAL DECLARATION
NOW, THEREFORE, for the purposes set forth in the Master Declaration, Declarant, for
itself and its successors and assigns, hereby declares as follows:
I. The real property described on Exhibit A is hereby annexed to and made a part of the
Aspen Glen Community Area. The property annexed by this Fifteenth Supplemental Declaration
is hereinafter referred to as The Sages at Aspen Glen.
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("' \' j))
' \~-,,>~
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2. Exhibit A to the Master Declaration is hereby amended by the addition of The Sages
at Aspen Glen to the "legal description of the Community Area" and all of the land within The Sages
at Aspen Glen is hereby made expressly subject to the Master Declaration and all covenants.
conditions, restrictions, limitations, assessments, charges, servitudes, liens, reservations, exceptions,
easements, privileges, rights and other provisions set forth therein.
3. The Allocated Interests of all Lot and Unit Owners within the Community Area are
hereby reallocated as set forth on Exhibit B attached hereto and incorporated herein by this reference.
4. With respect to The Sages at Aspen Glen Dcclarant expressly reserves to itself and
its successors and assigns all of the rights set forth in Article 6 of the Master Declaration, as well as
any other rights reserved by or to Declarant in the Master Declaration.
5. It is the intention of the Declarant that The Sages at Aspen Glen will be further
subdivided. Declarant, therefore, in accordance with Sections 3.20 and 6.15 of the Master
Declaration reserves the right to itself, its successors and assigns, to further subdivide The Sages at
Aspen Glen into no more than fifteen (15) Lots (a "Re-subdivision"), upon the conditions that:
a. any such Re-subdivision shall be accomplished in accordance with all
applicable terms and conditions of the Garfield County zoning and subdivision regulations
then in effect and all existing Garfield County land use approvals for the Aspen Glen PUD;
and
b. at the time of the recording of a final plat for any such Re-subdivision, the
Declarant shall also record a supplemental declaration to the Master Declaration which shall
appropriately reallocate each Lot Owner's allocated interest and sharing ratio in the
Association Properties and Common Assessments as provided in sections 5.2 and 9.8 of the
Master Declaration.
IN WITNESS WHEREOF, Declarant has executed this Fifteenth Supplemental Declaration
the day and year first above written.
ASPEN GLEN GOLF COMPANY,
a Colorado Limited Partnership /
By: MANAGEMENT CO NY OR
ASPEN GLEN, C ,
a Colorad9-?itfrl~11'1
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STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this 171" day ofDecember, 2004, by
Donald L. Parris as Vice-President of Management Company for Aspen Glen, Inc., a Colorado
Corporation, General Partner of ASPEN GLEN GOLF COMP ANY, a Colorado Limited Partnership.
WITNESS my hand and official seal.
My commission expires: b \1 /o l
Address: I 71 \ ·1 El~ [l,.i/i._cl m Q/
l1\0v\ \r~OO~ \;{c3,) ( 0 ~lGD\
0 \\Vl'-llOCY·L•rry Grcc"\Aspc11 GlcmOOCUME~T\l-Lfccc111h Supplcu>mlol OeclMJlwu 12-16-U4 "rd
-3-
RY PUBLIC
---.. ~.in;""';,..,•, ___ ..,.
JESSICA REED
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Aug. 2, 2007
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EXHIBIT A
Legal Description of Property Annexed to
Aspen Glen Connnunity Area
by within Supplemental Declaration
A tract ofland situate in Section 13, Township 7 South, Range 89 West of the 6th Principal Meridian
being more particularly described as follows:
Beginning at a point on the easterly right of way line of County Road 109 and the west line of 2nd
Amended Plat of Golf Course Parcel 9, Aspen Glen, Filing No. 1, County of Garfield, State of
Colorado whence the W Y,. corner of Section 20, Township 7 South, Range 88 West of the 6th
Principal Meridian bears S 57Degrees23'01" E 5194.26 feet; thence along the west line of said Golf
Course Parcel 9 the following courses: N 79 Degrees 46'03" E, 87.38 feet; thence, S 29 Degrees
23'03" E, 308.37 feet; thence, S 74 Degrees 11'52" E, 10.61 feet; thence, S 29 Degrees 23'03" E,
440.20 feet; thence, S 53 Degrees 16'43" E, 36.29 feet; thence, S 14 Degrees 34'35" E, 84.79 feet;
feet to the north right of way line of Golden Bear Drive as shown on plat of Aspen Glen, Filing No.
6, County of Garfield, State of Colorado; thence along said north right of way line the following
courses: thence 45.51 feet along the arc of a 814.50 feet radius non tangent curve to the left, having
a central angle of3 Degrees 12'05" and subtending a chord bearing S 75 Degrees 32'33" W 45.50
feet; thence 29.03 feet along the arc of a 199.75 feet radius curve to the right, having a central angle
of 8 Degrees 19'39" and subtending a chord bearing S 78 Degrees 06'20" W 29.01 feet; thence, S 82
Degrees 16'09" W, 45.30 feet; thence 61.73 feet along the arc ofa200.25 feet radius curve to the left,
having a central angle of 17 Degrees 39'4 7" and subtending a chord bearing S 73 Degrees 26' 16" W
61.49 feet; thence 55.09 feet along the arc ofa 833.67 feet radius curve to the left, having a central
angle of 3 Degrees 4 7'11" and subtending a chord bearing S 62 Degrees 42'4 7" W 55 .08 feet; thence
38.40 feet along the arc of a 47.50 feet radius curve to the right, having a central angle of 46 Degrees
19'29" and subtending a chord bearing S 83 Degrees 58'56" W 37.37 feet to the east right of way line
of County Road 109; thence along said east right of way line the following courses: thence, N 29
Degrees 02'45" W, 166.98 feet; thence, N 20 Degrees 41 '20" W, 11.95 feet; thence 545.79 feet along
the arc of a 1635 .67 feet radius non tangent curve to the right, having a central angle of 19 Degrees
07'06" and subtending a chord bearing N 16 Degrees 06'57" W 543.26 feet; thence, N 06 Degrees
33'24" W, 135.34 feet; to the point of beginning, containing 184,848 sq.ft. or 4.243 acres more or
less.
COUNTY OF GARFIELD
ST A TE OF COLORADO
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EXHIBIT B
SHARING RATIOS AND ALLOCATED INTERESTS
ASPEN GLEN, FILING NO. l;
ROARING FORK MESA AT ASPEN GLEN;
ROARING FORK MESA AT ASPEN GLEN, FILING NO. 2;
ASPEN GLEN FILING NO. 2;
ASPEN GLEN FILING NO. 3;
THE PEAKS AT ASPEN GLEN;
THE PEAKS AT ASPEN GLEN, PHASE NO. 2;
THE PEAKS AT ASPEN GLEN, PHASE NO. 3;
ASPEN GLEN, FILING NO. 5;
ASPEN GLEN, FILING NO. 6;
THE FAIRWAYS AT ASPEN GLEN;
CLUBLODGE LOT 1, CLUBLODGE LOT 2, CLUBLODGE LOT 3,
CLUBLODGE LOT 4 AND CLUBLODGE LOT 5;
ASPEN GLEN FILING NO. 7;
ASPEN GLEN FILING NO. 8;
ASPEN GLEN, FILING NO. 4; AND
THE SAGES AT ASPEN GLEN
Lots Master Association Master Association
Common Exgense Vote
Liability
ASPEN GLEN FILING NO. 1
Lots Al -A23, inclusive Each Lot: 1/469 Each Lot: One Vote
Lots BI -BI 0, inclusive Each Lot: 1/469 Each Lot: One Vote
Lots CI - C 11, inclusive Each Lot: 1/469 Each Lot: One Vote
Lots DI -D39, inclusive Each Lot: I /469 Each Lot: One Vote
Lots D40A and D40B Each Lot: 1/469 Each Lot: One Vote
Lots D42 -D45, inclusive Each Lot: 1/469 Each Lot: One Vote
Lots El -E56, inclusive Each Lot: 1/469 Each Lot: One Vote
Lots Fl -F27, inclusive Each Lot: 1/469 Each Lot: One Vote
Lots G 1 -GS, inclusive Each Lot: 1/469 Each Lot: One Vote
Sub-Total 178 Lots
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ROARING FORK MESA
AT ASPEN GLEN
Lots 1 -24, inclusive Each Lot: 1/469 Each Lot: One Vote
Sub-Total 24 Lots
ROARING FORK MESA AT
ASPEN GLEN FILING NO. 2
Lots 24A, 25 -54, inclusive Each Lot: I \469 Each Lot: One Vote
Sub-Total 31 Lots
ASPEN GLEN FILING NO. 2
Lots GVI -GV13, inclusive Each Lot: 1/469 Each Lot: One Vote
Lots IS I -IS23, inclusive Each Lot: 1/469 Each Lot: One Vote
Sub-Total 36 Lots
ASPEN GLEN, FILING NO. 3
Lots LI, L2, and Lots Ll6 -L21, Each Lot: 1/469 Each Lot: One Vote
inclusive
Lots WP! -WP16, inclusive Each Lot: 1/469 Each Lot: One Vote
Sub-Total 24 Lots
THE PEAKS AT ASPEN GLEN
Lots 1-15 Each Lot: 1/469 Each Lot: One Vote
Sub-Total 15 Lots
THE PEAKS AT ASPEN GLEN,
PHASE NO. 2
Lots 16-30 Each Lot: 1/469 Each Lot: One Vote
Sub-Total 15 Lots
THE PEAKS AT ASPEN GLEN,
PHASE N0.3
Lots 31-42, inclusive Each Lot: 1/469 Each Lot: One Vote
Sub-Total 12 Lots
ASPEN GLEN, FILING NO. 5
Lots 1-11 Each Lot: 1/469 Each Lot: One Vote
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Sub-Total
ASPEN GLEN, FILING NO. 6
Lots L22-L2S, inclusive
Lots WP! 7-WP20, inclusive
Lots H 1-H I 0, inclusive
and Lots H3S-H42, inclusive
Sub-Total
THE FAIRWAYS AT ASPEN
GLEN
Lots l -2S, inclusive
Sub-Total
CLUBLODGE LOT 1,
CLUBLODGE LOT 2,
CLUBLODGE LOT 3,
CLUBLODGE LOTS 4A AND 4B
CLUBLODGE LOTS SA AND SB
Lots 1 -3, inclusive
Lots 4A, 4B, SA and SB
Sub-Total
ASPEN GLEN FILING NO. 7
Lots HI I -H34, inclusive
Sub-Total
ASPEN GLEN }'ILING NO. 8
Lots S 1 -S 16, inclusive
Sub-Total
11 Lots
Each Lot: 1/469
Each Lot: 1/469
Each Lot: 1/469
Each Lot 1 /469
26 Lots
Each Lot: 1/469
2S Lots
Each Lot: 1/469
Each Lot: 1/469
7 Lots
Each Lot: 1/469
24 Lots
Each Lot: 11469
16 Lots
-7-
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One V ate
Each Lot: One Vote
Each Lot: One Vote
Each Lot: One Vote
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ASPEN GLEN, FILING NO. 4
Lots SD-1 -SD-24, inclusive
Sub-Total
THE SAGES AT ASPEN GLEN
Lot I
Sub-Total
Total Lots: 469
Each Lot: 1/469
24 Lots
Each Lot: 1/469
1 Lot
Total Master Association Expense
Liabilities= 469/469
-8-
Each Lot: One Vote
Each Lot: One Vote
Total Votes: 469
I, 1111 ~ V:r':1M,IV~,!HJ,Jllll l,+l~H, r1n lfi&l'MI~ 11111
Reeeption#: 719512
03/2312007 04:46 55 PM 8:1905 P.0523 Jean Alberico 1 of 54 Rec Fee $271 00 Doc Fee 0.00 GARFIELD COUNTY CO
AMENDED DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ASPEN GLEN
1111 ~~ V:t11'~.rill\ ~tlll1~ l.f\A.1111 ,1¥J~~IH1~ 11111
Reception~: 719512 03/23/2U07 04 46·55 PM B.1905 P-0524 Jean Alberico 2 of 54 Rec Fee $271.00 Doc Fee:0.00 GARFIELD COUNTY CO
AMENDED DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ASPEN GLEN
Table of Contents
ARTICLE 1 .................................................................................................................. . ................ 1
··················· 1 GENERAL ................................................................................................... .
l . 1 Community Area ......................................................................................................................... I
1.2 Purposes of Declaration .............................................................................................................. I
1.3 Declaration ................................................................................................................................ I
1.4 Roaring Fork River.. ................................................................................................................ 2
ARTICLE 2 ......................................................................................................................................... 2
DEFINITIONS ..................................................................................................... . . ············ 2
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.&
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.1&
2.19
2.20
2.21
2.22
2.23
2.24
2.25
Act ............................................................................................................................................ 2
Administrative Functions.................................................................................. . .............. 2
Annexable Property .................................................................................................................... 2
Articles of Incorporation .......................................................................................................... 2
Assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 2
Association ................................................................................................................................ 2
Association Properties ................................................................................................................. 2
Board of Directors ...................................................................................................................... 3
Budget. ......................................................................................................................................... 3
Building Envelope ....................................................................................................................... 3
Bylaws .......................................................................................................................................... 3
Common Area ............................................................................................................................. 3
Common Assessment. ................................................................................................................. 3
Community Area ......................................................................................................................... 3
Country Club Property ................................................................................................................ 3
~~································ ........................................ 4
C.RS..................................................................... . ....................................................... 4
Declaration..................................................................... . ...... ....... . ... ... ... ... . ... .. . .............. 4
Deed of Trust ............................................................................................................................. 4
Design Review Committee .................................................................................. . . .............. 4
Developer ......................................................................................... . . .............. 4
Golf Course Easement ................................................................ . ············· ········ .............. 4
Homeowners ............................................................................................................................... 4
Improvement. ............................................................................................................................... 4
Improvement to Property ........................................................................................................... 4
1111 ~ ~:l1lo\~ IV~llV ,~~,11),l If\~~ l't~!Hill 11111
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03/23/2007 04 46:55 PM B 1905 P:0525 Jean RlberlCO 3 of 54 Rec Fee:$271 00 Doc Fee:D.00 GARFIELD COUNTY CO
2 .26 License Agreement. .................................................................................................................... 4
2.27 Lease. ............................................................................................ . ........................ 4
2.28 Lot.......... ... . ............... ................ .. .................... ............. . ........ 5
2.29
2.30
2.31
2.32
2.33
2.34
2.35
2.36
2.37
2.38
2.39
2.40
2.41
2.42
2.43
2.44
Maintenance Funds. ............................................................................ . ...................... 5
Member ............................................................... :................................................. . ....... 5
Mortgage ...................................................................................................................................... 5
Mortgagee. . . . . .. ... ..... ... . . . . .. ... ... ... . . .. ... ... ... . .. ... ... ... . .. ... ... ... . .. .. .... ... . ... ... ... . . . ..................... 5
Mortgagor. ................................................................................................................................... 5
Notice and Hearing ..................................................................................................................... 5
Notice of Completion.......................................................................... . ............................. 5
Owner ................................................................................................. . ............. 5
Permitted Exceptions .............................................................................................................. 5
Person ........................................................................................................................................... 5
Planned Community .................................................................................................................... 5
Plat....................................................... .......................................... ........... ......... . .......... 6
Public Functions.................................................................................................. . .......... 6
Public River Park................................................................................................. . .......... 6
P.U.D. for Aspen Glen............................................................................... . ...................... 6
Record or Recorded ........................................................................... . . ....... ········· .... 6
2.45 Reimbursement Assessment ...................................................................................................... 6
2.46 River ............................................................................................................................................ 6
2 .4 7 Rules and Regulations ................................................................................................................. 6
2.48 Special Assessment. .................................................................................................................. 6
2.49 Subassociation .......................................................................................................................... 7
2.50 Supplemental Declaration ........................................................................................................... 7
2.51 Supplemental Plat........................................................................ . ...................................... 7
ARTICLE 3............ ... . ............................................................................... . ........ 7
GENERAL RESTRICTIONS APPLICABLE TO COMMUNITY AREA .......... . . ......... 7
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
Maintenance of Community Area .............................................................................................. 7
Property Uses .............................................................................................................................. 7
Construction Type......................................................................... .... .......... . ..................... 8
Building Envelopes ..................................................................................................................... 8
No Noxious or Offensive Activity ............................................................................................. 8
Annoying Sounds or Odors ...................................................................................................... 8
No Hazardous Activities .......................................... . ................... 8
No Unsightliness. ............................................................................................ . ........... s
Weeds ......................................................................................................................................... g
Restrictions on Garbage and Trash .................................................. . ········· 9
Animals .......................................................................... . ·········· ········ .............. 9
No Temporary Structures ................................................................. . ········· 9
ii
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3 .13 Restriction on Antennae, Pipes, Utility Lines and Transmitters ............................................. 9
3. l 4 Restrictions on Signs and Advertising ...................................................................................... 9
3. 15 Restrictions on Mining or Drilling....... . .. .. . ..... . ... . . ... . . ......... ... .. . . .. ...... ... . .. . .. . ............. I 0
3.16 Wells ...................................................................................................................................... 10
3. l 7 Maintenance of Drainage .......................................................................................................... 10
3 .18 Compliance with Insurance Requirements. . ... ... ......... ...... ...... ... .. ...... ....... ... .. . ... ...... . ............ IO
3.19 Compliance with Laws ............................................................................................................. IO
3.20 Further Subdivision of Lots ..................................................................................................... 10
3.21 Restrictions on Sewage Disposal Systems .............................................................................. 10
3 .22 Restrictions on Water Systems ................................................................................................. I 0
3.23 Restoration in the Event of Damage or Destruction ............................................................. 11
3 .24 Storage ....................................................................................................................................... l l
3 .25 Vehicle Repairs ......................................................................................................................... 11
3 .26 Storage of Gasoline and Explosives, Etc ................................................................................. 11
3 .27 Trailers, Campers, Recreational and Junk Vehicles ................................................................ 11
3.28 Fences Prohibited ..................................................................................................................... 11
3.29 Air Conditioning and Heating Equipment/Solar Collecting Devices .................................... 12
3.30 Leases ........................................................................................................................................ 12
3.31 Lakes ......................................................................................................................................... 12
3.32 Easements; Utilities..................................................................... . .................................. 12
3 .33 Landscaping ............................................................................................................................... 13
3.34 Tennis Courts and Basketball Goals ........................................................................................ 13
3.35 Sv.~mming Pools and Pool Equipment. ................................................................................. 13
3.36 Outside Lighting ...................................................................................................................... 13
3.37 Camping and Picnicking ........................................................................................................... 13
3.38 Prohibition On Use of Pesticides .............................................................................................. 14
3.39 Fire Protection Systems ............................................................................................................ 14
3 .40 Engineering and Soils Reports ................................................................................................ 14
3.41 Irrigation Systems and Ditch Laterals ..................................................................................... 14
3.42 Duplex Units ............................................................................................................................. 15
ARTICLE 4 ........................................................................................................................................... 15
ARCHITECTURAL APPROVAL ..................................................................................................... 15
4. l Approval oflmprovements Required ...................................................................................... 15
4.2 Improvement to Property Defined ............................................................................................ 15
4.3 Membership of Committee ....................................................................................................... 16
4.4 Establishment of Subcommittees ............................................................................................. 16
4.5 Address of Design Review Committee ................................................................................... 16
4.6 Submission of Plans ................................................................................................................. 16
4. 7 Criteria for Approval. ................................................................................................................ 16
4.8 Design Guidelines ..................................................................................................................... 17
iii
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4.9 Design Review Fee .................................................................................................................... 17
4. l 0 Decision of Committee. ...... .. ... . ..... . . .. . ...... ... .. . . ... .. . .. . .... ..... .. . ... ... .. . .. . .. . ... . . ...... 17
4.11 Failure of Committee to Act on Plans .................................................................................... 17
4.12 Completion ofWork After Approval. ...................................................................................... 17
4.13 Notice ofCompletion ................................................................................................................ 18
4.14 Inspection ofWork. ................................................................................................................... 18
4 .15 Notice of Satisfactory Completion oflmprovement to Property .......................................... 18
4.16 Notice of Noncompliance ......................................................................................................... 18
4.17 Performance Guaranty for Noncompliance or Incompletion ................................................. 18
4.18 Failure of Committee to Act After Completion ..................................................................... 19
4.19 Appeal to Board of Directors of Finding of Noncompliance ................................................ 19
4.20 Correction ofNoncompliance .................................................................................................. 19
4.21 No Implied Waiver or Estoppel ............................................................................................... 20
4.22 Committee Power to Grant Variances .................................................................................... 20
4.23 Meetings of Committee ............................................................................................................ 20
4.24 Records of Actions .................................................................................................................... 20
4.25 Estoppel Certificates ................................................................................................................. 20
4.26 Nonliability of Committee Action................................................................... ................. . .. 20
4.27 Construction Period Exception ................................................................................................ 21
ARTICLE 5 ......................................................................................................... . ... 21
ASSOCIATION PROPERTIES ................................................................................................. 21
5.1 Members' Rights of Use and Enjoyment Generally .............................................................. 21
5 .2 Allocation oflnterests in Common Elements and Association Properties ............................ 21
5.3 Right of Association to Regulate Use ...................................................................................... 21
5.4 No Partition of Association Properties .................................................................................... 21
5.5 Liability of Owners for Damage by Member .......................................................................... 21
5.6 Association Duties if Damage, Destruction, or Required Improvements ............................. 22
5.7 Association Powers in the Event of Condemnation ................................................................ 22
5. 8 Title to Association Properties on Dissolution of Association ............................................... 22
5.9 Roaring Fork River .................................................................................................................... 23
5.10 Title to Country Club Property ................................................................................................. 23
ARTICLE 6 ........................................................................................................................................... 23
DEVELOPER'S RIGHTS AND RESERVATIONS.......................... ......................... . ...... 23
6.1 Period of Developer's Rights and Reservations ..................................................................... 23
6.2 Right to Construct Additional Improvements on Developer's Properties ............................ 23
6.3 Developer's Rights to Use Association Properties in Promotion and Marketing of
Community Area ....................................................................................................................... 23
6.4 Developer's Rights to Complete Development of Community Area .................................... 24
6.5 Developer's Rights to Grant and Create Easements ................................................................ 24
6.6 Developer's Right to Convey Additional Property ................................................................. 24
iv
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6 of 54 R1~c Fee $271 00 Doc Fee· 0 00 GARFIELD COUNTY CO
6. 7 Annexation of Additional Properties ...................................................................................... 24
6. 8 Annexation of Additional Unspecified Real Estate ................................................................ 26
6. 9 Withdrawal of Annexed Property .......................................................................................... 26
6.10 Expansion or Contraction of Annexable Property ................................................................ 26
6.11 Creation of Drainage Easements ............................................................................................. 26
6.12 Subdivision of Lots ................................................................................................................... 27
6.13 Expansion of Permitted Property Uses ................................................................... . . ... 27
ARTICLE 7.... ............. .................................. ..... ............ ................................ ................ . .... 27
ASSOCIA110N OPERATION................... . ................................................................. 27
7 .1 Association .......................................................................................................................... 27
7.2 Association Board of Directors ................................................................................................ 27
7.3 Membership in Association ...................................................................................................... 28
7.4 Voting Rights of Members .................................................................................................... 28
7.5 Determination of Member Voting Privileges .......................................................................... 28
7. 6 Registration of Owners ........................................................................................................... 28
ARTICLE 8 .... ........... 28
DUTIES AND POWERS OF ASSOCIATION .................................................... . . .... 28
8. 1 General Duties and Powers of Association ............................................................................. 28
8.2 Duty to Accept Property and Facilities Transferred to Association ..................................... 28
8. 3 Landscaping Easement. ............................................................................................................. 2 9
8.4 Duty to Manage and Care for Association Properties ............................................................ 29
8.5 Duty to Pay Taxes ..................................................................................................................... 29
8.6 Duty to Maintain Casualty Insurance ..................................................................................... 29
8. 7 Duty to Maintain Liability Insurance ...................................................................................... 30
8.8 General Provisions Respecting Insurance ................................................................................ 30
8.9 Maintenance of Fidelity Insurance .......................................................................................... 30
8. 10 Other Insurance and Bonds ....................................................................................................... 31
8 .11 Duty to Prepare Budgets ......................................................................................................... 31
8.12 Duty to Levy and Collect Assessments .................................................................................. 31
8.13 Duty to Keep Association Records .......................................................................................... 31
8 .14 Duties witb Respect to Design Review Committee Approvals ............................................. 31
8 .15 Power to Acquire Property and Construct hnprovements ...................................................... 31
8.16 Power to Adopt Rules and Regulations .................................................................................. 31
8.17 Power to Enforce Declaration and Rules and Regulations .................................................... 32
8.18 Power to Grant Easements ....................................................................................................... 32
8.19 Power to Convey and Dedicate Property to Governmental Agencies ................................... 32
8.20 Power to Borrow Money and Mortgage Property ................................................................... 32
8.21 Power to Engage Employees, Agents, and Consultants ......................................................... 33
8.22 General Corporate Powers.................................................................................... . ............ 33
8.23 Power to Provide Public Functions ................................................................... . ············· 33
v
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8.24
8.25
Power to Provide Services to Subassociations ..................................................... .
Power to Provide Special Services to Members .................................................... .
······· 33
...... 33
8.26 Power to Charge for Association Properties, Facilities and Services ................................. 34
8.27 Power to Employ Managers ...................................................................................................... 34
8.28 Powers Provided by Law .......................................................................................................... 34
ARTICLE 9.... . .......................................................................................... . ............. 34
ASSESSMENTS, BUDGETS, AND FUNDS ...................................... . . ....... 34
...... 34 9.1
9.2
9.3
9.4
9.5
9.6
9.7
Maintenance Funds To Be Established .............................. .
Establishment of Other Funds ................................................. . ··············· ············· 34
Deposit of Common Assessments to Maintenance Funds .................................................... 35
Other Deposits to Maintenance Funds .................................................................................. 35
Disbursements from Maintenance Funds...................................................... . ............ 35
Authority for Disbursements ......................................................................... . . .............. 35
Common Assessments .................................................................................... . ..... 35
9.8 Apportionment of Common Assessments ............................................................................... 35
9.9 Funding of Reserve Funds ........................................................................................................ 35
9. l 0 Supplemental Common Assessments ..................................................................................... 36
9 .11 Annual Budgets. . ... ... ... ......... ... ...... ... ... ...... .. . ... ... ...... ... ...... ... ....... . ... ... .. . . . .. . .. . ... ... . ............ 36
9.12 No Disbursements To Abate Adjoining Nuisances or Zoning Amendments ........................ 36
9.13 Payment of Assessment. .......................................................................................................... 37
9.14
9.15
9.16
9.17
Failure to Fix Assessment................................................................................... . .. 37
Special Assessments for Capital Expenditures............................................... . ..................... 37
Reimbursement Assessments ... ... ... ... .. . ... ...... ...... ... ...... ... ... ... ... .. . . .. ... . ... ...... ... ... . . .. 37
Late Charges and Interest. ....................................................................................................... 3 7
9.18 Attribution of Payments ............................................................................................................ 37
9 .19 Notice of Default. . . ... ... .. . ... ... ... .. . ... ....... . ............................................................................. 38
9.20 Remedies to Enforce Assessments ........................................................................................... 38
9 .21 Lawsuit to Enforce Assessments .............................................................................................. 38
9.22 Lien to Enforce Assessments .................................................................................................... 38
9.23 Estoppel Certificates .............................................................................................................. 38
9.24 No Offsets ................................................................................................................ . ········· 39
ARTICLE 10 ............................................................................... . ··········· ········· ................ 39
SPECIAL PROVISIONS .................................................................. . . ..... 39
JO.I Wetlands Protection ................................................................................................................. 39
10.2 Air Quality Restrictions ............................................................................................................ 39
10.3 Fencing ...................................................................................................................................... 40
I 0 .4 Duration and Enforceability. ... . .. ... ... ... ... ... . .. ...... ... ...... ...... ... ... ... . ... .. . ... ... ... .. . . .. ... . .. . .... 40
ARTICLE 11 .. ··································· ····················································· ·············· . ... 40
MISCELLANEOUS ........................................................................................... . . .......... .40
vi
1111 ~ ~':i.1lt~ HU ,~IMIY ,lij~ Ill~ ~.l'tl'.I*~ 11111
Reception#: 719512
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11. I Tenn of Amended Declaration ............................................................................................. 40
11.2 Amendment of Declaration by Members ............................................... . ······················· 40
11.3 Amendment of Articles and Bylaws.......................... ........................ . .................... 41
11.4 Alternative Dispute Resolution ............................................................................................... 41
11.5 Special Rights of First Mortgagees .......................................................................................... 41
11.6 Priority of First Mortgage Over Assessments ........................................................................ 41
11.7 First Mortgagee Right To Pay Taxes and Insurance Premiums ............................................ 41
11.8 Association Right to Mortgage Information........................................... . ................... 41
11.9
11.10
11.11
11.12
Golf Course Facilities. . ........ .. ... .. ... ... ...... ... ... ...... ... ... ... ...... ... ... ... ...... .... ... .. 42
Damage Caused by Golf Course Facilities ............................................................................. 42
Notices ................................................................................................................................... 42
Persons Entitled To Enforce Declaration................................................................ . .... 42
11.13 Violations Constitute a Nuisance. .. ... ... ...... ...... ... ......... ... ... ........ .. ... ... ... ... ... ...... .... .. . ........ 43
11.14 Enforcement of Self-Help ........................................................................................................ 43
11.15
11.16
Violations of Law............................................................................................. . .... 43
Remedies Cumulative ............................................................................................................. 43
11.17 Costs and Attorneys' Fees ............................................................................... . ············· 43
11.18 Limitation on Liability .............................................................................................................. 43
11.19 No Representations or Warranties ........................................................................................... 43
11.20 Liberal Interpretation ................................................................................................................ 43
11.21 Governing Law .......................................................................................................................... 44
11.22 Colorado Common Interest Ownership Act ............................................................................ 44
11.23 Severability. ... ...... ... ... ...... ...... .. ... . ... .. ... . .. . .. .... .. ... ... ...... ... . ... ... ... ... ... ... . ... .. ... . . ................ 44
11.24 Number and Gender. ............................................................................................................. 44
11.25 Captions for Convenience ......................................................................................................... 44
11.26 Mergers or Consolidations ........................................................................................................ 44
11.27 Disclaimer Regarding Safety .................................................................................................. 44
11.28 Notice to Buyers ................................................................................................................... 44
EXHIBIT "A" ... . ...... .............. ...... ..... ...... . .......................................... . . ........ 46
ACKNOWLEDGEMENT ..................................................................................... . . ....... 46
vii
1111 ~~ ~:.':1l+&MJj IWf W'!·~~~~L ~~1'MI~ 11111
Reception~: 719512
03/23/2007 04 46:55 PM B: 1905 P:0531 Jean Alberico 9 of 54 Rec Fee:$271 00 Doc Fee:O 00 GARFIELD COUNTY CO
AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ASPEN GLEN
TIIlS AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR ASPEN GLEN ("Amended Declaration") is made as ofthisf'/n:fuy of ;l7!1 /..c'_/-{ , 2007, by the
Homeowners Association of Aspen Glen, a Colorado nonprofit corporation (the "Association").
ARTICLE!
GENERAL
1.1 Community Area. The Homeowners of Aspen Glen ("Homeowners") and the
Association are the owners of certain parcels of land located in the County of Garfield, Colorado,
commonly known as Aspen Glen (the "Community Area"). Aspen Glen Golf Company, the original
developer of Aspen Glen ("Developer") has transferred control of the Board of Directors of the
Association to the Homeowners and transferred certain Common Area to the Association. The original
Declaration (recorded in Garfield County on April 6, 1995, Reception No. 476328) written by the
Developer does not reflect the current status of Aspen Glen as a community and does not incorporate
changes in Colorado law occurring in the Colorado Homeowners Protection Act of 2005. The
Homeowners and the Association wish to fully amend and restate the Declaration for the benefit of the
Aspen Glen community.
1.2 Purposes of Declaration. This Amended Declaration is executed (a) in furtherance
of a common and general plan for the Community Area; (b) to protect and enhance the quality, value,
desirability and attractiveness of the Community Area; (c) to provide for an Association as a vehicle to
hold, maintain, care for and manage the Common Area, including internal landscaped areas which will
benefit all Owners of Lots; (d) to define the duties, powers and rights of the Association; (e) to define
certain duties, powers and rights of Owners of Lots within the Community Area; and (f) to comply with
and effectuate the terms and provisions of the Act as modified by the Colorado Homeowners Protection
Act.
1.3 Declaration. The Community Area and all property which becomes subject to this
Amended Declaration shall, from the date the same becomes subject to this Amended Declaration, be
owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied,
maintained, altered and improved subject to the covenants, conditions, restrictions, limitations,
reservations, exceptions, equitable servitudes and other provisions set forth in this Amended Declaration,
for the duration hereof, all of which are declared to be part of, pursuant to, and in furtherance of a
common and general plan of development, improvement, enhancement and protection of the Community
Area. Notwithstanding the foregoing, in no event shall the Annexable Property, or any portion thereof, be
decreed to be burdened by, or subject to, the terms of this Amended Declaration until such property has
been annexed to the Community Area. The provisions of this Amended Declaration are intended to and
shall run with the land, and until their expiration in accordance with the terms hereof, shall bind. be a
charge upon and inure to the mutual benefit of (a) the Community Area and all property which becomes
part of the Community Arca, and each part or parcel thereof, (b) the Association and its successors and
assigns, and (c) all Persons having or acquiring any right, title or interest in any property which is or
becomes part of the Community Area, or any part or parcel thereof, or any Improvement thereon, and
their heirs, personal representatives, successors and assigns. This Amended Declaration shall be Recorded
1111 W/i".i ~~,~.E~~,~IH.'NIZ' l+fl:~~'MI~ 11111
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in the county and shall be indexed in the Grantor's and Grantee's index in the name of the Association.
1.4 Roaring Fork River. To the extent the Community Area shall abut the River, the terms
and provisions of this Amended Declaration shall be subject to the rights of the general public to use the
River for passage through the Community Area by use of flotation devices only.
ARTICLE2
DEFINITIONS
Unless otherwise expressly provided herein, the following words and phrases when used in this
Amended Declaration shall have the meanings hereinafter specified.
2.1 Act. "Act" shall mean the Colorado Common Interest Ownership Act as provided in
C.R.S. 38-33.3-10 I, et seq., as amended by the Colorado Homeowners Protection Act of 2005 and as the
same may be amended from time to time.
2.2 Administrative Functions. "Administrative Functions" shall mean all functions as are
necessary and proper under this Amended Declaration and shall include, without limitation, providing
management and administration of the Association; providing architectural review services under Article
4 hereof; incurring reasonable attorneys' fees and accountants' fees; obtaining errors and omissions
insurance for officers, directors, and agents of the Association; obtaining fidelity bonds for any Person
handling funds of the Association; paying taxes levied against the Association Properties; incurring filing
fees, recording costs, and bookkeeping fees; obtaining and maintaining offices and office furniture and
equipment; and performing other such reasonable and ordinary administration tasks associated with
operating the Association as determined by the Board of Directors from time to time.
2.3 Annexable Property. "Annexable Property" shall mean that real property which is
subject to the P.U.D. for Aspen Glen and which is not initially made subject to the terms and provisions
of this Amended Declaration. The real property which comprises the Annexable Property may include
such other property which may be annexed to and made a part of the Community Area, as more
particularly provided herein.
2.4 Articles of Incorporation. "Articles of Incorporation" shall mean the Articles of
Incorporation of The Homeowners Association at Aspen Glen, which have been filed with the office of
the Secretary of State in the State of Colorado, as the same may be amended from time to time.
2.5 Assessment. "Assessment" shall mean a Common Assessment, Special Assessment or
Reimbursement Assessment.
2.6 Association. "Association" shall mean The Homeowners Association at Aspen Glen, a
Colorado nonprofit corporation, its successors and assigns.
2.7 Association Properties. "Association Properties" shall mean: (a) all real and personal
property, including Improvements now or hereafter owned by the Association; (b) all Common Areas,
now or hereafter owned by the Association; or (c) all real or personal property with respect to which the
Association holds an easement or license for the use, care, or maintenance thereof, or for which the
Association has a right or duty to maintain, and which property is held for the common use and
enjoyment of the Members pursuant to the terms and provisions of this Amended Declaration. The
2
Association Properties are subject to the Permitted Exceptions, including, but not limited to, the Golf
Course Easement.
2.8 Board of Directors. "Board of Directors" or "Board" shall mean the Board of Directors
of the Association.
2.9 Budget. "Budget" shall mean a written itemized estimate of the expenses to be incurred
by the Association in performing its functions under this Amended Declaration and prepared pursuant to
Section 9. 11 of this Amended Declaration.
2.10 Building Envelope. "Building Envelope" shall mean that portion of each Lot which is
designated on the Plat as suitable for construction of habitable living thereon. As more fully provided
herein, all Improvements to be constructed on a Lot, with the exception of Improvements which are
necessary to facilitate ingress to and egress from a Lot or Improvements which are otherwise expressly
authorized by the Design Review Committee, shall be located within the Building Envelope designated
for such Lot.
2.11 Bylaws. "Bylaws" shall mean the Bylaws of the Association which have been adopted by
the Board of Directors of the Association, as the same may be amended from time to time.
2.12 Common Area. "Common Area" shall mean any portions of the Community Area
designated on the Plat as Common Area or Open Space and which is owned or maintained by the
Association for the common use and enjoyment of the Owners, including, but not limited to, all streets,
lanes, alleys, rights-of-way, roads, entry ways, guard houses, entry features, sidewalks, pathways, trails
(to the extent not included within a Lot, and if so included, an easement which is Common Area shall be
deemed to exist therefor), gardens or other open space, and such other easements for the use and benefit
of the Owners as may be provided in this Amended Declaration. Such Common Area may be owned: (a)
by the Association; (b) in undivided interests by certain Owners; or (c) separately by individual Owners
over which the Association may have an easement for maintenance purposes.
2.13 Common Assessment. "Common Assessment" shall mean the assessments made for the
purpose of covering the portion of the annual costs of operating the Association, including, but not
limited to, expenses incurred in connection with any authorized function of the Association, which are to
be paid by each Owner to the Association for the purposes provided herein and charged to such Owner
and to the Lot of such Owner.
2.14 Community Area. "Community Area" shall mean the real property commonly known as
Aspen Glen (excluding the Country Club Property), subject to the Permitted Exceptions, and such other
real property which may be made subject to this Amended Declaration, from time to time, together with
all rights and subject to all obligations, of the Association granted in and to any property pursuant to (a)
the Fisherman Easement; (b) the Public River Park as identified on the P.U.D. for Aspen Glen; (c) the
Golf Course Easement; and ( d) the License Agreement.
2.15 Country Club Property. "Country Club Property" shall mean that certain property
which is located adjacent to the Community Area, which is owned by the Country Club Owner. In no
event shall the Country Club Property be deemed a portion of the Community Area or the Association
Properties, and no Owner or Member shall have any rights or privileges in the Country Club Property,
except for: (a) such limited ingress and egress rights as may be expressly provided in the License
Agreement; or (b) the right to become a member in any golf or country club being operated on the
Country Club Property due to their ownership of a Lot, or as Members of the Association.
Notwithstanding anything to the contrary contained herein, every Owner of a Lot within the Community
3
~--------
1111 Ml'~ llli~,IUi 1\116 tlVi~ fill!\ WM:WMU '~'1 11111 Reception~: 719512
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Area shall be permitted to become a member of any golf or country club being operated on the Country
Club Property; provided; however, that such Owners shall be subject to the same membership
requirements, fees and dues structures and such other rules and regulations as are applicable to other
members of such club or facility.
2.16 County. "County" shall mean Garfield County, Colorado.
2.17 C.R.S. "C.R.S." shall mean Colorado Revised Statutes as amended from time to time.
2.18 Declaration. "Declaration" or "Amended Declaration" shall mean this instrument as it
may be amended from time to time.
2.19 Deed of Trust. "Deed of Trust" shall mean a Mortgage.
2.20 Design Review Committee. "Design Review Committee" shall mean the Committee
provided for in Article 4 ofthis Amended Declaration.
2.21 Developer. "Developer" shall mean the Aspen Glen Golf Company, the original
developer of Aspen Glen.
2.22 Golf Course Easement. "Golf Course Easement" shall mean that certain Grant of Golf
Facilities Development, Construction and Operational Easement, which easement creates for the benefit
of the Country Club Property, and the guests, members, employees, and permittees of the Country Club
Owner, certain rights in and to easements created over and across portions of the Community Area and
creates for the benefit of the Community Area, the Owners and Members a license for ingress and egress
over and across certain portions of the Country Club Property, all as more particularly described therein.
2.23 Homeowners. "Homeowners" shall mean all Members of the Homeowners Association
of Aspen Glen and shall mean all Persons who constitute Owners of Lots.
2.24 Improvement. "Improvement" shall mean all structures and any appurtenances thereto of
every type or kind, including, but not limited to, dwelling units, buildings, outbuildings, swimming pools,
patio covers, awnings, painting of any exterior surfaces of any visible structure, additions, walkways,
outdoor sculptures or artwork, sprinkler pipes, garages, carports, roads, driveways, parking areas, fences,
screening walls, retaining walls, stairs, decks, fixtures, landscaping, hedges, windbreaks, plantings,
planted trees and shrubs, poles, signs, exterior tanks, solar equipment, exterior air conditioning and water
softener fixtures.
2.25 Improvement to Property. "Improvement to Property" shall mean any Improvement,
change, alteration, or addition to any property within the Community Area. "Improvement to Property"
shall include, but not be limited to those improvements more particularly described in Section 4 .2 of this
Amended Declaration.
2.26 License Agreement. "License Agreement" shall mean that certain Pedestrian Egress and
Ingress License for the benefit of the Lot owners in the Community Area, which agreement grants to Lot
owners a revocable license for egress and ingress over and across certain portions of the Countrv Club
Property, all as more particularly described therein. ·
2.27 Lease. "Lease" shall mean and refer to any agreement for the leasing or rental of a
dwelling unit located on a Lot, and shall specifically include, without limitation, a month-to-month rental.
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2.28 Lot. "Lot" shall mean any lot within the Community Area which is shown upon any
Recorded Plat, Supplemental Plat, or any other parcel of land which may be sold or conveyed without
violation of the provisions of Colorado law pertaining to the subdivision of land. For purposes of
conforming the terms and provisions of this Amended Declaration to the terms and conditions of the Act,
the term "Lot" shall be analogous to the term "Unit," as that term is defined in the Act. The term "Lot"
shall include townhome and condominium units and each individual unit within a duplex unit created
within the Community Area but shall not include any property owned by a public body or the Association
Properties.
2.29 Maintenance Funds. "Maintenance Funds" shall mean the accounts into which the
Board shall deposit monies paid to the Association and from which disbursements shall be made in the
performance of the functions of the Association pursuant to Article 8 hereof.
2.30 Member. "Member" shall refer to the members of the Homeowners Association of
Aspen Glen and shall mean the Person, or if more than one, all Persons collectively who constitute the
Owner of a Lot.
2.31 Mortgage. "Mortgage" shall mean any mortgage or deed of trust or other such
instrument, given voluntarily by the Owner of a Lot, encumbering the Lot to secure the performance of an
obligation or the payment of a debt and which is required to be released upon performance of the
obligation or payment of the debt. The term "Deed of Trust" when used herein shall be synonymous with
the term "Mortgage."
2.32 Mortgagee. "Mortgagee" shall mean a mortgagee under a Mortgage or a beneficiary
under a Deed of Trust, as the case may be, and the assignees of such mortgagee.
2.33 Mortgagor. "Mortgagor" shall mean the Person who mortgages his or its property to
another (i.e., the maker or grantor of a Mortgage). The term "Mortgagor" shall include a trustor or grantor
under a Deed of Trust.
2.34 Notice and Hearing. "Notice and Hearing" shall mean a written notice and public
hearing before the Board of Directors or a Tribunal, as defined in the Bylaws, appointed by the Board, in
the manner provided in the Bylaws.
2.35 Notice of Completion. "Notice of Completion" shall mean written notice to the Design
Review Committee of the completion of any Improvement to Property pursuant to Article 4 of this
Declaration.
2.36 Owner. "Owner" shall mean the Person, including Developer, or, if more than one, all
Persons collectively, who hold fee simple title of Record to a Lot, including sellers under executory
contracts of sale and excluding buyers thereunder.
2.37 Permitted Exceptions. "Permitted Exceptions" shall mean all encumbrances, liens,
restrictions, easements and other items of record which encumber the Community Area, including, but not
limited to, the Golf Course Easement.
2.38 Person. "Person" shall mean a natural person, a corporation, a partnership, or any other
entity capable of holding title to real property pursuant to the laws of the State of Colorado.
the Act.
2.39 Planned Community. "Planned Community" shall have the same meaning as set forth in
5 _J
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2.40 Plat. "Plat" shall mean and include the land survey plat (and any amendments thereto)
which depicts all or a portion of the Community Area and which further depicts and locates thereon the
location of Lots. Building Envelopes, Common Areas, and such other items as may be required by the
Act. The Plat, and any amendments or supplements thereto, are hereby incorporated herein and made a
part hereof by reference. For the purposes of this Amended Declaration, the term "Plat" shall also mean
and include each Supplemental Plat recorded for the purposes of annexing all or a portion of the
Annexable Property to the Community Area.
2.41 Public Functions. "Public Functions" shall mean and include, but not be limited to, the
act of providing, installing, operating, administering, managing, and overseeing public services and
functions for the benefit of Owners, including repairs, replacements and maintenance obligations
commonly associated with municipal or other local governmental or quasi-governmental organizations,
including, without limitation, repair and maintenance of streets, sidewalks, bicycle and pedestrian paths
and walkways, security, including the provision of gated entrances and guard houses, animal control,
vegetation control, insect and pest control, television service, parking facilities, public transportation
facilities, including paths and trails, street cleaning, snow removal, signage, including entry monuments,
lighting, including seasonal lighting, project and perimeter fencing, landscape walls, landscaping services
and facilities, drainage facilities, including retention and detention ponds, trash and solid waste disposal
services, including recycling programs, utility services, and such other services, functions and activities,
as are deemed appropriate by the Board of Directors.
2.42 Public River Park. "Public River Park" shall mean that area designated on the P.U.D.
for Aspen Glen approved by the County as a Public River Park for the use and enjoyment of the public,
together with such rights of access over and across those portions of Association Properties as may be
necessary to obtain access from public rights-Of-way to and from the Public River Park.
2.43 P.U.D. for Aspen Glen. The "P.U.D. for Aspen Glen" shall mean that certain Planned
Unit Development plan for Aspen Glen as approved by that certain Resolution No. 92-056 -Resolution
Concerned with the Approval of an Application of the Aspen Glen Golf Company, Ltd. for the Aspen
Glen Planned Unit Development Rezoning and Approval of its Plan dated June 29, 1992 and recorded at
Reception No. 436262 in the records of the Clerk and Recorder of Garfield County, Colorado, and as the
same may be further amended from time to time.
2.44 Record or Recorded. "Record" or "Recorded" shall mean the filing for record of any
document in the office of the Clerk and Recorder of the County.
2.45 Reimbursement Assessment. "Reimbursement Assessment" shall mean a charge against
a particular Owner and his Lot for the purpose of reimbursing the Association for expenditures and other
costs of the Association in curing any violation, directly attributable to the Owner, of the Declaration or
the Rules and Regulations, pursuant to Section 9.16 hereof, together with late charges and interest as
provided for herein.
2.46 River. "River" shall mean the Roaring Fork River.
2.47 Rules and Regulations. "Rules and Regulations" shall mean the rules and regulations
and policies adopted by the Board of Directors in the form of policy statements, as provided in Section
8.16 of this Amended Declaration.
2.48 Special Assessment. "Special Assessment" shall mean a charge against each Owner and
his Lot representing a portion of the costs of the Association for the purpose of funding capital repairs,
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maintenance, replacements, and Improvements, or for any other purpose authorized by the Board of
Directors as provided herein.
2.49 Subassociation. "Subassociation" shall mean any Colorado corporation, nonprofit
corporation, or unincorporated association, and its successors and assigns, organized and established or
authorized pursuant to, or in connection with, one or more Supplemental Declarations and of which the
membership is composed of Owners of Lots within all or part of the area covered by such Supplemental
Declarations.
2.50 Supplemental Declaration. "Supplemental Declaration" shall mean a written instrument
containing covenants, conditions, restrictions, reservations, easements, or equitable servitudes, or any
combination thereof, which may be recorded on any portion of the Annexable Property in accordance
with Section 6. 7 of this Amended Declaration.
2.51 Supplemental Plat. "Supplemental Plat" shall mean and include any land survey plat
which is Recorded by Developer for the purpose of annexing the property described therein to the
Community Area.
ARTICLE3
GENERAL RESTRICTIONS APPLICABLE TO COMMUNITY AREA
All real property within the Community Area shall be held, used, and enjoyed subject to the
following limitations and restrictions set forth in this Amended Declaration. The strict application of the
following limitations and restrictions in any specific case may be modified or wruved in whole or in part
by the Design Review Committee if such strict application would be unreasonably or unduly harsh under
the circumstances. Any such modification or waiver must be in writing or be contained in written
guidelines or rules promulgated by the Design Review Committee. Violation of this Article by an Owner
shall permit the Association, after Notice and Hearing, to enter on the Lot of the Owner and cure the
violation or cause compliance with this provision and to levy and collect a Reimbursement Assessment
for the costs and expenses of the Association in so doing; provided, however, that there shall be no entry,
into the interior of an Improvement intended for human occupancy without the consent of the Owner
thereof unless a clear emergency exists.
3.1 Maintenance of Community Area. No property within the Community Area shall be
permitted to fall into disrepair, and all property within the Community Area, including any Improvements
and landscaping thereon, shall be kept and maintained in a clean, attractive, and sightly condition and in
good repair. Maintenance, repair, and upkeep of each Lot shall be the responsibility of the Owner of the
Lot. Maintenance, repair, and upkeep of Association Properties shall be the responsibility of the
Association.
3.2 Property Uses. Except as otherwise provided in Article 6 hereof, all Lots shall be used
for private residential purposes and no dwelling unit erected or maintained within the Community area
shall_be used or occupied for any purpose other than for a single-family attached or detached dwelling or
a duplex unit unless constructed within the area designated on the P.U.D. for Aspen Glen as "Club Villas"
(some of which are now commonly called the "Peaks"). Notwithstanding the foregoing, business
activities associated with the sale of Lots or residences constructed thereon shall be allowed. In addition,
in-home businesses or occupations not involving the servicing of customers or employees, other than the
Owners, shall be allowed, provided such activities are conducted solely within the residence and do not
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create or result in any nuisance or any unreasonable, unwarranted, or unlawful use or interference with
public or private rights, including, but not limited to, unreasonable or unwarranted use or interference
with streets, excessive traffic or parking requirements, rights-of-way, or sidewalks, or in any other
offensive or noxious activities. Bed and Breakfast operations shall not be permitted.
3.3 Construction Type. All construction shall be new. No building previously used at
another location nor any building or structure originally constructed as a mobile dwelling or structure may
be moved onto a Lot, except as expressly hereinafter provided for temporary buildings. All roofs on
Improvements located west of Garfield County Road 109 shall be constructed of fire retardant shingles or
other material of at least the same degree of fire retardant. The foregoing restriction shall be set forth as a
Plat note on the Plat for all Lots located west of Garfield Country Road 109, and shall constitute a
covenant running with said Lots in perpetuity and shall not be affected by the termination, amendment or
other modification of this Amended Declaration. The foregoing restriction shall be enforceable in the
same manner as the other Special Conditions set forth in Article l 0 hereof. In addition to the foregoing,
an engineered foundation shall be required for all residential dwelling units constructed within the
Community Area.
3.4 Building Envelopes. All Improvements to be constructed on a Lot, with the exception of
Improvements which are necessary to facilitate ingress to and egress from a Lot or Improvements which
are otherwise expressly authorized by the Design Review Committee, shall be located within the Building
Envelope designated for such Lot.
3.5 No Noxious or Offensive Activity. No noxious or offensive activity shall be carried on
upon any property within the Community Area, nor shall anything be done or placed thereon which is or
may become a nuisance or cause an unreasonable embarrassment, disturbance, or annoyance to others.
3.6 Annoying Sounds or Odors. No sound or odor shall be emitted from any property
within the Community Area which is noxious or unreasonably offensive to others. Without limiting the
generality of the foregoing, no exterior speakers, horns, whistles, bells, or other sound devices, other than
security devices used exclusively for security purposes, shall be located or used on any property except
with the prior written approval of the Design Review Committee.
3. 7 No Hazardous Activities. No activity shall be conducted on, and no Improvement shall
be constructed on, any property within the Community Area which is or might be unsafe or hazardous to
any Person or property. Without limiting the generality of the foregoing, no firearms shall be discharged
upon any property within the Community Area and no open fires shall be lighted or permitted on any
property within the Community Area except in a contained barbecue unit while attended and in use for
cooking purposes or within a wood burning stove designed to prevent the dispersal of burning embers
which stove has previously been approved by the Design Review Committee; in accordance with the
provisions hereof.
3.8 No Unsightliness. All unsightly structures, facilities, equipment, objects, and conditions
shall be enclosed within a structure, including snow removal equipment and garden or maintenance
equipment except when in actual use. No laundry or wash shall be dried or hung outside any dwelling
unit.
3.9 Weeds. All yards and open spaces and the entire area of every Lot on which no building
has been constructed shall be maintained in accordance with standards to be established by the Design
Review Committee. In addition, each Lot shall be kept free from brush or other growth or trash which, in
the reasonable opinion of the Design Review Committee, is unsightly or causes undue danger of fire.
Notwithstanding the foregoing, the Design Review Committee shall be authorized to permit landscaping
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on a Lot in accordance with a landscaping plan approved by the Design Review Committee in accordance
with the provisions hereof.
3.10 Restrictions on Garbage and Trash. No refuse, garbage, trash, lumber, grass, shrub or
tree clippings, plant waste, compost, metal, bulk materials, scrap, refuse, or debris of any kind shall be
kept, stored, or allowed to accumulate on any Lot except within an enclosed structure or appropriately
screened from view, except that any container containing such materials may be placed outside at such
times as may be necessary to permit garbage or trash pickup.
3.11 Animals. No animals, live stock or poultry of any kind shall be raised, bred or kept on
any Lot, except that domesticated birds or fish and other small domestic animals permanently confined
indoors will be allowed. No other animals, except an aggregate of not more than three domesticated
animals (e.g., two cats and one dog) per Lot, will be permitted within the Community Area; provided that
(a) such animals are not kept, bred, or maintained for any commercial purpose; (b) such animals must be
fenced or restrained at all times within a Lot; ( c) only one dog will be allowed for each residential
dwelling unit located within the Aspen Glen P.U.D; (d) any Owner constructing a residential dwelling
unit to the west of County Road I 09 in the two acre zone district that chooses to have a dog shall
construct a fenced kennel approved by the Design Review Committee prior to obtaining a certificate of
occupancy for such residential dwelling unit; and (e) no dogs whatsoever shall be permitted on those Lots
adjacent to or included within any Eagle Nest Overlay Protection Zone(s) as may be designated on the
P.U.D. for Aspen Glen or any Plat for any portion thereof, so long as such Eagle Nest Overlay Protection
Zone remains in effect. All Lots so restricted shall be specifically identified on the Plat therefor.
Following termination of any Eagle Nest Overlay Protection Zone, the restriction contained in
subparagraph (e) above shall be lifted and the general provisions limiting pets set forth herein shall apply
to those Lots. No animal of any kind shall be permitted which in the opinion of the Design Review
Committee makes an unreasonable amount of noise or odor or is a nuisance. All household pets shall be
controlled by their Owner and shall not be allowed off the Owner's Lot except when properly leashed and
accompanied by the pet Owner or his representative. Each Owner of a household pet shall be financially
responsible and liable for any damage or destruction caused by said household pet and shall be personally
and financially responsible for any clean-up related to such pet.
3.12 No Temporary Structures. No tent, shack, temporary structure, or temporary building
shall be placed upon any property within the Community Area except with the prior written consent of the
Design Review Committee obtained in each instance.
3.13 Restriction on Antennae, Pipes, Utility Lines and Transmitters. Pipes for water, gas,
sewer, drainage, or other purposes, and utility meters or other utility facilities shall be kept and
maintained, to the extent reasonably possible, underground or within an enclosed structure. No exterior
radio antenna. television antenna, or other antenna of any type shall be erected or maintained in the
Community Area. Satellite dishes of 24" or less may be allowed with the approval of the Design Review
Committee. No electronic or radio transmitters of any kind other than garage door openers or cordless
telephones shall be operated in or on any structure or within any Lot except as may be approved by the
Design Review Committee.
3.14 Restrictions on Signs and Advertising. No sign, poster, billboard, advertising device, or
display of any kind shall be erected or maintained anywhere within the Community Area so as to be
evident to public view, except: (a) any builder, architect or landscape architect may, during initial
construction, utilize one standard sign; and (b) development related signs owned or erected by Aspen
Glen Golf Company or its successor, which shall be permitted. "For Sale" or "For Rent" signs shall not be
permitted.
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Reception#: 719512 1213/23/2007 04·46 55 PM 8:1905 P:0540 Jean Alberico 18 of 54 Rec Fee $271 00 Doc Fee:O 00 GARFIELD COUNTY CO
3.15 Restrictions on Mining or Drilling. No property within the Community Area shall be
used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other
hydrocarbons. minerals, rocks, stones, gravel, or earth, except drilling, exploring for, or removing
underground water by Developer or any Person designated by the Association.
3.16 Wells. No well from which water is produced shall be dug, nor shall storage tanks or
reservoirs be made or operated anywhere in the Community Area; provided, however, the Association
shall have such right, but not the obligation. in connection with its performance of Public Functions to
drill wells, provided further that nothing herein shall prevent the drilling of, the installation of wells, or
the construction and maintenance of water storage tanks by the Association or any special district in
which the Community Area is located, for purposes of providing water to the Community Area and
adjacent areas.
3.17 Maintenance of Drainage. There shall be no interference with the established drainage
pattern over any property within the Community Area, except as approved in writing by the Design
Review Committee. Approval shall not be granted unless provision is made for adequate alternate
drainage. The "established drainage pattern" shall mean the drainage pattern which exists at the time the
overall grading of any property is completed and shall include any established drainage pattern shown on
any plans approved by the Design Review Committee. The established drainage pattern may include the
drainage pattern: (a) from Association Properties over any Lot; (b) from any Lot over the Association
Properties; (c) from any property owned by the County or other Persons over any Lot; (d) from any Lot
over property owned by the County or other Persons; (e) from any Lot over another Lot, or (f) from the
Country Club Property over any portion of the Community Area.
3.18 Compliance with Insurance Requirements. Except as may be approved in writing by
the Board of Directors, nothing shall be done or kept on property within the Community Area which may
result in a material increase in the rates of insurance or would result in the cancellation of any insurance
maintained by the Association.
3.19 Compliance with Laws. Nothing shall be done or kept on any property within the
Community Area in violation of any law, ordinance, rule, or regulation of any governmental authority
having jurisdiction.
3.20 Further Subdivision of Lots. The Owner of a Lot shall not further subdivide a Lot
Notwithstanding the foregoing, the Owners of Lots D 1 through D45, Aspen Glen Filing No. I, shall be
entitled to subdivide a duplex lot and construct a duplex dwelling. The Owner of any Lot which is
permitted to subdivide a Lot for the purpose of constructing duplex homes, townhomes, condominiums or
villas pursuant to the provisions hereof, the Aspen Glen P.U.D. or the Supplemental Declaration annexing
such Lot to the Community Area, shall be permitted to subdivide such Lot only in accordance with the
terms and provisions of this Amended Declaration and the Supplemental Declaration annexing such Lot
to the Community Area, if applicable. Upon the resubdivision of any Lot in accordance with the terms
and conditions contained herein, each Owner's undivided interest in the Common Areas and the
Association Properties shall be allocated in accordance with the provisions of Section 5 .2 hereof
3.21 Restrictions on Sewage Disposal Systems. No cesspool, septic tank, or other individual
sewage disposal system shall be installed within the Community Area.
3.22 Restrictions on Water Systems. Except as provided in Section 3 .41 hereof. no
individual water supply system shall be installed or maintained for any property within the Community
Area.
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1111 ~.i llii~,l~ti MJl. l'l'I\ It~: Mlll loll'f,lfl(~ 'Ml~ 11111
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3.23 Restoration in the Event of Damage or Destruction. In the event of damage or
destruction of any Improvement on any Lot, the Owner thereof shall cause the damaged or destroyed
Improvement to be restored or replaced to its original condition or such other condition as may be
approved in writing by the Design Review Committee, or the Owner shall cause the damaged or
destroyed Improvement to be demolished and the Lot to be suitably landscaped, subject to the approval of
the Design Review Committee, so as to present a pleasing and attractive appearance. Such Improvements
shall be repaired, restored or otherwise demolished and suitably landscaped within an established time
frame set forth in design review guidelines promulgated by the Design Review Committee.
3.24 Storage. No building materials shall be stored on any Lot except temporarily during
continuous construction of an Improvement.
3.25 Vehicle Repairs. No maintenance, servicing, repair, dismantling, or repainting of any
type of vehicle, boat, machine, or device may be carried on, except within a completely enclosed structure
which screens the sight and sound of the activity from the street and from other Lots.
3.26 Storage of Gasoline and Explosives, Etc. No Lot shall be used for the storage of
explosives, gasoline, or other volatile and/or incendiary materials or devices or any materials deemed
hazardous substances under applicable environmental laws, rules, or regulations. Gasoline or fuel for
Owner's lawn mower, snowblower, and the like may be maintained on an incidental basis on the Lot in an
amount not to exceed five (5) gallons.
3.27 Trailers, Campers, Recreational and Junk Vehicles. No boat, camper (on or off
supporting vehicles), trailer, tractor, truck, industrial or commercial vehicle (both cabs or trailers), towed
trailer unit, motorcycle, disabled, junk, or abandoned vehicles, motor home, mobile home, recreational
vehicle, or any other vehicle, the primary purpose of which is recreational, sporting, or commercial use,
shall be parked or stored in, on, or about any Lot or street within the Community Area, except within the
attached garage or unless such vehicles are concealed from view and the screening of such vehicles has
been approved by the Design Review Committee. For the purposes of this covenant, any 314-ton or
smaller vehicle, commonly known as a pickup truck, shall not be deemed a commercial vehicle or truck.
The Association shall have the right to enter an Owner's Lot to remove and store, at Owner's expense,
vehicles in violation of this Section. Any such Owner shall be entitled to 30 days written notice prior to
such action by the Association. No snowmobile or recreational vehicle powered by an internal
combustion engine may be operated within the Community Area except for purposes of ingress and
egress and only across designated streets and rights-of-way. In addition to the foregoing, the Association
shall have the power to promulgate reasonable rules concerning the type and use of golf carts within the
Community Area and Common Areas, which rules may be subject to the rights and restrictions contained
in the Golf Course Easement.
In accordance with the foregoing, the Association shall have the right to prohibit the use of golf carts
owned by Owners (but not golf carts owned or leased by the Country Club Owner) on all streets, roads,
rights-of-way, and cart paths within the Community Area.
3.28 Fences Prohibited. Fences along or adjacent to the boundary or lot line may be
prohibited on some or all of the Lots, as identified on the Plat for such Lots or pursuant to criteria
established by the Design Review Committee or Golf Course Easement. On any lots where fences are
permitted, the fence may only be constructed upon the prior written approval of the Design Review
Committee and in conformance with standard design specifications previously approved by the Design
Review Committee, or as provided in the Golf Course Easement. Privacy fences, security fences, and
fences for screening purposes may also be prohibited. To the extent they are permitted, they shall also be
approved by the Design Review Committee and constructed in conformance with standard design
11
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Reception~: 719512 03/23/2007 04:46:55 PM B 1905 P 0542 Jean Alberico 20 of 54 Rec Fee·$271 00 Doc Fee 0.00 GARFIELD COUNTY CO
specifications previously approved by the Design Review Committee and as provided in the Golf Course
Easement. The Association, through the Design Review Committee, shall have the right to prohibit the
construction or maintenance of fences on those Lots which abut the Country Club Property in accordance
with the terms of the Golf Course Easement.
3.29 Air Conditioning and Heating Equipment/Solar Collecting Devices. No heating, air
conditioning, air movement, solar collection (e.g., swamp coolers) or refrigeration equipment shall be
placed, allowed, or maintained anywhere other than on the ground; provided, however, that solar units
meeting all governmental guidelines for residential uses may be located on the roof if (a) such solar unit is
built into and made an integral part of the roof flashing or the structure of any house constructed on such
Lot, and (b) such solar unit is specifically approved by the Design Review Committee in accordance with
Article 4 below. The type, size, location, and necessary screening for any proposed solar collection device
shall be submitted to the Design Review Committee in accordance with its established procedures and the
Design Review Committee shall have the authority to approve, conditionally approve, or disapprove the
proposed collection device in accordance with the terms and provisions hereof. Notwithstanding the
foregoing, in no event will the terms and provisions of this Amended Declaration be deemed to prohibit
the use of solar collection devices within the Community Area and in no event shall the Design Review
Committee unreasonably restrict the right to use solar collection devices by any Owner of a Lot within the
Community Area.
3.30 Leases. Any Owner shall have the right to Lease his Lot under the following conditions:
3.30. l All Leases shall be in writing;
3.30.2 All Leases shall be for a Lot with a completed residence thereon;
3.30.3 All Leases shall provide that the terms of the Lease and lessee's
occupancy of the Lot shall be subject in all respects to the provisions of this Amended
Declaration, and the Articles of Incorporation, the Bylaws, and the Rules and Regulations of the
Association, and that any failure by the lessee to comply with any of the aforesaid documents, in
any respect, shall be a default under the Lease; and
3.30.4 Each Owner shall notify the Association immediately upon the leasing of
his Lot, and register with the Association both the name(s) of the tenant(s) and new mailing
information for notices to be sent from the Association directly to such Owner.
3.31 Lakes. No swimming or boating activities shall be conducted on any lakes or ponds
located within the Community Area. Fishing may be allowed, but only in accordance with the provisions
of the Rules and Regulations.
3.32 Easements; Utilities. All Streets, pedestrian ways and easements shown on the Recorded
Plat for any portion of the Community Area have been reserved for the purposes indicated on such Plat.
No Owner may erect any structure of any type whatsoever in such easement areas, nor may an Owner use
the surface of such easement areas for any private use, other than landscaping which will not interfere
with the use of said easement by the entities for whose benefit it has been reserved. With respect to such
easement areas, as well as any other such easement areas described on a Plat or within recorded easement
documents, any and all bona fide public utility service companies, including, but not limited to, Roaring
Fork Water and Sanitation District, Public Service Company of Colorado, Holy Cross Electric
Association, Inc., Rocky Mountain Natural Gas, Qwest Communications and the Countrv Club Owner
pursuant to the Golf Course Easement, shall have the right of access, ingress, egress, ~d use of such
easement areas for the installation and maintenance of utility facilities. Except as to special street lighting
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or other aerial facilities which may be required by the County or may be required by the franchise of any
utility company, no aerial utility facilities of any type (except meters, risers, service pedestals and other
surface installations necessary to maintain or operate appropriate underground facilities) shall be erected
or installed within the Community Area, whether upon Lots, easements, streets, or rights-of-way of any
type, either by a utility company or any other person or entity, (including but not limited to any person
owning or acquiring any part of the Community Area) and all utility service facilities (including but not
limited to water, sewer, gas, electricity and telephone) shall be buried underground, under recreational
easements, Common Areas, streets, or other utility easement areas for the purpose of serving any structure
located on any part of the Community Area.
3.33 Landscaping. Each Lot shall be fully landscaped within one hundred eighty (180) days
of the date on which a certificate of occupancy is obtained for the residence, subject to excusable delays
as determined by the Design Review Committee due to weather. The landscaping of each Lot shall be
primarily indigenous plant life from an established plant list as established by the Design Review
Committee. Home lawns shall be of an identical or very similar insect resistant blend as rough grasses
naturally occurring in the area and such grasses shall be subject to guidelines promulgated by the Design
Review Committee. No landscaping plan shall be implemented until approval of the Design Review
Committee has been obtained. Each Owner shall maintain the landscaping upon such Owner's Lot in good
condition. Home lawns and Common Areas shall be irrigated with surface waters wherever practical.
Irrigation shall be limited to three days a week after establishment of such lawns. Each Owner shall
diligently maintain, cultivate, husband, protect and preserve the shrubs and trees upon his Lot, including,
without limitation, the removal of dead branches, dead brush and performance of other tasks calculated to
remove or eliminate material which constitutes or creates a fire hazard. Each Owner shall cooperate with
the Association in its brush clearing and fire protection husbandry program for reduction of fire hazard on
Common Areas. Nothing in this Amended Declaration shall require cultivated vegetation to consist
primarily of turf grass. The Design Review Committee shall not prohibit or limit xeriscape or prohibit or
limit the installation or use of drought-tolerant vegetative landscapes.
3.34 Tennis Courts and Basketball Goals. Tennis courts shall not be permitted on Lots
unless a variance is received from the Design Review Committee. A variance would only be considered if
the applicant owns two adjacent lots, where one lot is to be used for the purpose of a tennis court, and the
Design Review Committee is completely satisfied that the tennis court is thoroughly screened from all
neighbors' views. Basketball goals, backboards and nets shall not be allowed unless a variance is received
from the Design Review Committee. A variance would only be considered if the applicant can
demonstrate that basketball hoop and backboard is thoroughly screened from all neighbors' views and the
basketball hoop and backboard would create no adverse noise impact on any neighbor.
3.35 Swimming Pools and Pool Equipment. No pool may be erected, constructed or installed
without the prior written consent of the Design Review Committee. Above-ground pools are expressly
prohibited. All pool service equipment shall be fenced and located in either (a) a side yard between the
front and rear boundaries of the dwelling, or (b) in the rear yard adjacent to the dwelling; and shall not be
visible from any residential street within the Community Area.
3.36 Outside Lighting. All exterior lighting installed or maintained on any dwelling unit
located on a Lot shall be placed so that the light source is not visible from the dwelling on any
ne1ghbonng Lot, any Common Area, or the Clubhouse. The Design Review Committee may establish
various standards for exterior lighting including, without limitation, standards for hue and intensity.
3.37 Camping and Picnicking. No camping or picnicking shall be allowed within the
Common Areas except in areas designated for such purpose.
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3.38 Prohibition On Use of Pesticides. Use of pesticides, herbicides, fertilizers and
fungicides shall be prohibited on that portion of any Lot located within twenty feet (20') of the River. The
purpose of limiting or prohibiting use of pesticides, herbicides, fertilizers, or fungicides on such portion
of the Lots abutting the River shall be to minimize the possible contamination from runoff of such
chemicals into the River. Except as provided above, the use of pesticides approved by the Design Review
Committee shall be allowed three times annually for the control of weeds. In addition to the foregoing,
only natural organic based fertilizers shall be used on home lawns and gardens. A maximum of three
applications shall be allowed annually.
3.39 Fire Protection Systems. In the event that a dwelling unit or other Improvement
constructed upon a Lot is 4,800 square feet or larger, the Owner of such Lot shall be required to install a
fire protection sprinkler system within such dwelling unit or Improvement. Such fire protection sprinkler
system shall be approved by the Design Review Committee in accordance with all applicable fire codes
and the terms and provisions hereof or shall be installed in compliance with Design Guidelines previously
established by the Design Review Committee.
3.40 Engineering and Soils Reports. Certain Lots may be subject to geologic and hydraulic
hazards. All Improvements shall require the submittal of an engineering report addressing soils and
geology conditions, foundation design and drainage prepared by a registered professional engineer. All
Lot development, including Improvement construction, shall be conducted in accordance with engineer's
stipulations.
3.41 Irrigation Systems and Ditch Laterals. Certain irrigation ditch laterals are currently
located or may be constructed (a) within easements areas located upon certain Lots; (b) upon Association
Properties; or (c) in areas adjacent to certain Lots or Association Properties ('Ditch Laterals'). In no event
shall any Owner be entitled to install irrigation systems which divert water from the Ditch Laterals or
make any modifications to the Ditch Laterals without the prior written approval of the Design Review
Committee. In addition, in no event shall any Owner obstruct or impede the flow of water through any
Ditch Lateral. Except as otherwise provided herein, no permanent or temporary Improvements (including,
without limitation, landscaping and fencing) shall be constructed by an Owner within or upon any Ditch
Lateral or drainage or irrigation easement located within, or adjacent to, the Community Area. In the
event that an Owner desires to construct any Improvement within or upon any such Ditch Lateral or
drainage or irrigation easement, such Owner shall submit the plans for such Improvements to the Design
Review Committee in accordance with the terms and provisions of Article 4 hereof. In the event the
Design Review Committee approves the plans for the proposed Improvements in accordance with the
provisions of Article 4 hereof, the Owner of such Lot may construct such Improvements in accordance
with the plans approved by the Design Review Committee; provided, however, that in the event that such
Improvements are damaged or destroyed in any manner by the Association, the Country Club Owner, or
any agent, employee, contractor, subcontractor, concessionaire or invitee thereof. then the Owner of such
Lot shall be obligated to repair or replace such Improvement at such Owner's sole cost and expense. IN
ACCORDANCE WllH 1HE FOREGOING, AND NOTWITHSTANDING ANYTHING IN THIS
AMENDED DECLARATION TO 1HE CONTRARY, IN NO EVENT SHALL 1HE ASSOCIATION
OR 1HE COUNTRY CLUB OWNER BE OBLIGATED FOR ANY LOSS, DAMAGE, COST OR
EXPENSE INCURRED BY ANY OWNER FOR DAMAGE OR DESTRUCTION TO ANY
IMPROVEMENT LOCATED WITHIN OR UPON ANY DITCH LATERAL OR ANY DRAINAGE OR
IRRIGATION EASEMENT AND 1HE CONSTRUCTION OF ANY IMPROVEMENT WI'THIN SUCH
AREAS SHA! ,L BE AT TI-IE RISK OF SUCH OWNER. In the event that an Owner desires to construct
any Improvement within or upon any Ditch Lateral or any drainage or irrigation easement, the
Association hereby disclaims any obligation or potential liability regarding the maintenance, operation
and repair of the Ditch Laterals except as may be provided by separate agreement between the Country
Club Owner and the Association. All Owners hereby assume any risk involved with respect to Ditch
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Laterals and hereby acknowledge that the Association shall have no responsibility or liability of any kind
to any Owner who incurs any loss, damage, cost or expense arising from or related to such Ditch Laterals,
including, but not limited to, any loss or damage caused by flooding. In accordance with the foregoing,
such Owners, on behalf of th ems elves and their successors and assigns, by acceptance of a deed,
acknowledge their assent to the provisions hereof, and hereby release the Association, and each of their
officers, directors, partners, agents, employees, stockholders and contractors, from and against any and all
obligations, claims, demands, liabilities, costs, expenses, attorneys' fees, or causes of action of any kind
whatsoever, whether arising prior or subsequent to the date hereof, whether known or unknown, based
upon, arising out of, or in any manner related to, the Ditch Laterals.
3.42 Duplex Units. In addition to such other design criteria as the Design Review Committee
may establish, no duplex unit shall be constructed within the Community Area such that one unit located
in the duplex unit is the architectural mirror image of the adjacent unit in such duplex unit. In addition to
the foregoing, in all duplex units constructed in the Community Area, the floor area square footage of one
unit within such duplex unit shall not exceed forty percent ( 40%) of the total floor area square footage of
the total two unit dwelling. Prior to the approval of building plans by the Design Review Committee, the
Owner of said duplex lot shall submit to the Design Review Committee a "Duplex Common Area
Agreement" for review and approval in accordance with the terms and provisions of Article 4 hereof
Each Duplex Common Area Agreement shall provide for the allocation of common costs and expenses
among the Ov.ners of units within such duplex unit, including costs or expenses arising from or related to:
(a) the damage or destruction of improvements or structures common to both units within the duplex unit,
including, but not limited to, the foundation of such duplex unit, supporting walls, ceilings and roofs; (b)
the maintenance, repair or replacement of utility systems which service both units within the duplex unit
including, but not limited to, water, sewer, electrical and gas systems; (c) the complete destruction of the
duplex unit; (d) the regular maintenance and upkeep of all exterior surfuces; and (e) such other matters
which may be peculiar to the particular duplex unit, including, but not limited to, the maintenance of
yards and landscaping common to both units comprising the duplex. The Design Review Committee shall
have the authority to require the Duplex Common Area Agreement to contain such additional terms and
provisions as it deems reasonable or practical. The same time periods and standards for the approval of
Improvements shall apply to the Design Review Committee's review of all Duplex Common Area
Agreements submitted to the Design Review Committee hereunder. Prior to issuance of a certificate of
occupancy for a duplex unit constructed within the Community Area, the Owner of the Lot upon which
such duplex unit is constructed shall record in the records of the Clerk and Recorder of the Countv the
"Duplex Common Area Agreement" as approved by the Aspen Glen Design Review Committee. ·
ARTICLE4
ARCHITECTURAL APPROVAL
4.1 Approval oflmprovements Required. The approval of the Design Review Committee
shall be required for any Improvement to Property on any Lot, except (a) where approval is not
reasonably required to carry out the purposes of this Amended Declaration as determined by the Design
Review Committee; (b) where prior approval of Improvements to Property may be waived or certain
Improvements to Property may be exempted in writing or under written guidelines or rules promulgated
by the Design Review Committee, and (c) construction of Improvements pursuant to the Golf Course
Easement.
4.2 Improvement to Property Defined. "Improvement to Property" requiring approval of
the Design Review Committee shall mean and include, without limitation, any of the following occurring
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within the Community Area: (a) the construction, installation, erection, or expansion of any building,
structure, or other Improvement, including utility facilities and fences; (b) the demolition, destruction or
removal, by voluntary action, of any building, structure, tree, vegetation or other Improvement; (c) the
grading, excavation, filling, or similar disturbance to the surface of the land including, without limitation,
change of grade, change of ground level, change of drainage pattern, or change of stream bed; and ( d) any
change or alteration of any previously approved Improvement to Property, including any change of
exterior appearance, color, or texture occurring.
4.3 Membership of Committee. The Design Review Committee shall consist of five (5)
members, all of whom shall be appointed by the Board of Directors. Members of the Design Review
Committee may but shall not necessarily be Members of the Association. Members of the Design Review
Committee appointed by the Board of Directors may be removed at any time by the Board, and shall
serve for such term as may be designated by the Board or until resignation or removal by the Board. The
Association may at any time and from time to time change the authorized number of members of the
Design Review Committee, but the number of members shall not be less than three (3).
4.4 Establishment of Subcommittees. The Design Review Committee shall have the right to
establish subcommittees ("Covenant Committees") to review the modifications to Improvements upon
Lots after the initial construction thereof has been completed and a certificate of occupancy has been
issued thereon, and for enforcement of compliance with this Amended Declaration and any Supplemental
Declaration applicable to a Lot. For purposes of this Amended Declaration, all references to the Design
Review Committee shall also refer to any Covenant Committee established by the Design Review
Committee. The procedures for establishment, the rights and duties thereof, and the limitations thereon
shall be established and adopted by the Design Review Committee.
4,5 Address of Design Review Committee. The address of the Design Review Committee
shall be at the principal office of the Association.
4.6 Submission of Plans. Prior to submission of building plans to the County for a building
permit when applicable and prior to commencement of work to accomplish any proposed Improvement to
Property, the Person proposing to make such Improvement to Property ('Applicant') shall submit to the
Design Review Committee at its offices such descriptions, surveys, plot plans, drainage plans, elevation
drawings, construction plans, specifications, and samples of materials and colors as the Design Review
Committee shall reasonably request showing the nature, kind, shape, height, width, color, materials, and
location of the proposed Improvement to Property. The Applicant shall be entitled to receive a receipt for
the same from the Design Review Committee or its authorized agent. The Design Review Committee may
require submission of additional plans, specifications, or other information prior to approving or
disapproving the proposed Improvement to Property. Until receipt by the Design Review Committee of
all required materials in connection with the proposed Improvement to Property, the Design Review
Committee may postpone review of any materials submitted for approval.
4, 7 Criteria for Approval. The Design Review Committee shall approve any proposed
Improvement to Property only if it deems in its reasonable discretion that the Improvement to Property in
the location indicated will not be detrimental to the appearance of the surrounding areas of the
Community Area as a whole; that the appearance of the proposed Improvement to Property will be in
harmony with the surrounding areas of the Community Area; that the Improvement to Property will not
detract from the beauty, wholesomeness, and attractiveness of the Community Area or the enjoyment
thereof by Owners; that the upkeep and maintenance of the proposed Improvement to Property will not
become a burden on the Association; and that the proposed Improvement to Property does not affect the
drainage plan for the Community Area or any portion thereof. The Design Review Committee may
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condition its approval of any proposed Improvement to Property upon the making of such changes therein
as the Design Review Committee may deem appropriate.
4.8 Design Guidelines. The Design Review Committee may issue standards or rules
("Design Guidelines") relating to the procedures, materials to be submitted, fees, and additional factors
which wi II be taken into consideration in connection with the approval of any proposed Improvement to
Property. The Design Guidelines may specify circumstances under which the strict application of
limitations or restrictions under this Amended Declaration (which are not substantial or material in
nature) will be waived or deemed waived in whole or in part because of a change in applicable laws or
because strict application of such limitations or restrictions would be unreasonable or unduly harsh under
the circumstances. The Design Guidelines may waive the requirement for approval of certain
Improvements to Property or exempt certain Improvements to Property from the requirement for
approval, if such approval is not reasonably required to carry out the purposes of this Amended
Declaration and such Improvements are not substantial in nature.
4.9 Design Review Fee. The Design Review Committee may, in the Design Guidelines,
provide for the payment of a fee to accompany each request for approval of any proposed Improvement to
Property. The Design Review Committee may provide that the amount of such fee shall be uniform for
similar types of any proposed Improvement to Property or that the fee shall be determined in any other
reasonable manner. such as based upon the estimated cost of the proposed Improvement to Property. The
Design Committee may further provide that the amount of any such design review fee include
engineering consultant and other fees reasonably incurred by the Association in reviewing any proposed
Improvement to Property.
4.10 Decision of Committee. Any decision of the Design Review Committee shall be made
within thirty (30) days after receipt by the Design Review Committee of all materials required by the
Design Review Committee, unless such time period is extended by mutual agreement. The decision shall
be in writing and if the decision is not to approve a proposed Improvement to Property, the reasons
therefor shall be stated. The decision of the Design Review Committee shall be promptly transmitted to
the Applicant at the address furnished by the Applicant to the Design Review Committee.
4.11 Failure of Committee to Act on Plans. Any request for approval of a proposed
Improvement to Property shall be deemed approved, unless disapproval or a request for additional
information or materials is transmitted to the Applicant by the Design Review Committee within thirty
(30) days after the date of receipt by the Design Review Committee of all required materials.
4.12 Completion of Work After Approval. Following the approval of any proposed
Improvement by the Design Review Committee, the proposed Improvement shall be completed by such
Owner: (a) as promptly and diligently as possible but in no event in excess of the time periods set forth
below; (b) in substantial conformance with all plans and specifications and other materials presented to
the Design Review Committee; and (c) in accordance with any and all conditions imposed by the Design
Review Committee. In accordance with the foregoing, all improvements approved by the Design Review
Committee shall be completed (a) within 18 months from the date of approval of such Improvements by
the Design Review Committee; provided, however, that any and all landscaping and/or gardening
approved by the Design Review Committee which is related to the construction of the initial dwelling unit
for a Lot shall be completed within 180 days of the issuance of the certificate of occupancy for such
dwelling unit or within 18 months after the approval of the plans for such dwelling unit by the Design
Review Committee, whichever is sooner; or (b) within such time period as the Design Review Committee
may otherwise prescribe. In all cases, the Design Review Committee must issue a ''Notice of Satisfactory
Completmn of Improvement to Property" or a "Conditional Notice of Satisfuctory Completion of
Improvement to Property" prior to the application for an issuance of a certificate of occupancy from the
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County. Failure to comply with the terms and conditions of this provision shall constitute noncompliance
with the terms and provisions of this Amended Declaration and the Association shall have the right to
invoke all rights and remedies provided to the Association hereunder, including, but not limited to, the
imposition of fines and penalties in accordance with paragraph 8.17 hereof.
4.13 Notice of Completion. Upon completion of the Improvement to Property, the Applicant
shall give written Notice of Completion to the Design Review Committee. Until the date of receipt of
such Notice of Completion, the Design Review Committee shall not be deemed to have notice of
completion of such Improvement to Property.
4.14 Inspection of Work. The Design Review Committee or its duly authorized
representative shall have the right to inspect any Improvement to Property prior to or after completion,
provided that the right of inspection shall terminate fourteen (14) days after the Design Review
Committee shall have received a Notice of Completion from Applicant.
4.15 Notice of Satisfactory Completion of Improvement to Property. After inspection of
the Improvement to Property, the Design Review Committee will issue a Notice of Satisfactory
Completion of Improvement to Property if the Improvements were completed in conformity with the
plan, description, and materials furnished to and approved by the Design Review Committee, and any
conditions imposed by the Design Review Committee. Upon such receipt of Notice of Satisfactory
Completion of Improvement to Property, the Applicant may proceed to request a certificate of occupancy
from the County.
4.16 Notice of Noncompliance. If, as a result of inspections or otherwise, the Design Review
Committee finds that any Improvement to Property has been done without obtaining the approval of the
Design Review Committee or was not done in complete conformity with the description and materials
furnished to. and any conditions imposed by, the Design Review Committee or was not completed within
eighteen (18) months after the date of approval by the Design Review Committee or such shorter period
as specified herein or in writing by the Design Review Committee, the Design Review Committee shall
notify the Applicant in writing of the noncompliance, which notice shall be given, in any event, within
fourteen (14) days after the Design Review Committee receives a Notice of Completion from the
Applicant. The notice shall specify the particulars of the noncompliance and shall require the Applicant to
take such action as may be necessary to remedy the noncompliance. If a Notice of Noncompliance has
been issued by the Design Review Committee, the Applicant may post a Performance Guaranty, as herein
after defined, sufficient to bring the Improvement to Property into compliance with the Design Review
Committee; provided however, that the Design Review Committee shall not be required to accept such
Performance Guaranty. Such Performance Guaranty must be in an amount sufficient to remedy any
noncompliance, as determined by the Design Review Committee in its sole and absolute discretion. After
posting such Performance Guaranty with the Association, the Design Review Committee may then issue a
Conditional Notice of Satisfactory Completion of Improvement to Property. Such Conditional Notice
shall grant authorization for the Applicant to request a certificate of occupancy from the County.
4.17 Performance Guaranty for Noncompliance or Incompletion. If the Applicant wishes
to apply for and obtain a certificate of occupancy from the County prior to completion of landscaping
and/or prior to correction of a minor noncompliance, the Applicant may request to post a bond, letter of
credit or cash escrow in an amount equal to the estimated cost of completing such work ("Performance
Guaranty"); provided however the Design Review Committee shall not be required to accept such
Performance Guaranty. The Performance Guaranty shall be used by the Association to ensure completion
of such work in accordance with the time periods for completion established hereunder and the plans for
such work as approved by the Design Review Committee. The form, content and terms of the
Performance Guaranty shall be determined by the Design Review Committee in its sole and absolute
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discretion. If the Design Review Committee accepts the Performance Guaranty for the completion of
landscaping and/or remedy of noncompliance, then the Design Review Committee shall issue a
Conditional Notice of Satisfactory Completion to Improvement to Property. Such Conditional Notice
shall grant authorization for Applicant to request a certificate of occupancy from the County. All
premiums. costs and expenses related thereto shall be the obligation of the Owner. Any surety or financial
institution issuing a payment and performance bond or letter of credit hereunder shall be authorized to do
business in Colorado and shall be acceptable to the Design Review Committee. If any Owner fails to
complete the landscaping work or fails to remedy the noncompliance, in accordance with the provisions
of the Amended Declaration, subject to delays beyond the reasonable control of such Owner, the
Association is authorized under the provisions of the Amended Declaration to enter upon the Lot of such
Owner to complete the landscaping work and or remedy the noncompliance in accordance with the plans
therefore, draw upon the Performance Guaranty for all costs incurred by the Association relating to the
completion of the landscaping work or relating to the remedy of noncompliance and levy a
Reimbursement Assessment against such Owner for all costs and expenses incurred by the Association in
completing such landscape work or in remedying such noncompliance which are not otherwise covered
by the Performance Guaranty, including any costs and expenses of collection and attorneys' fees. Upon
satisfactory completion of landscaping and/or remedy of noncompliance, the Applicant shall give written
Notice of Completion to the Design Review Committee as outlined in Article 4 .15 herein. If the Design
Review Committee finds the Improvements satisfactory, a Notice of Satisfactory Completion of
Improvements to Property shall be issued by the Design Review Committee within fourteen (14) days of
receipt of Notice of Completion and any funds being held by the Association as a Performance Guaranty
shall be released to Applicant within seven (7) days of the issuance of the Notice of Satisfactory
Completion of Improvements to Property.
4.18 Failure of Committee to Act After Completion. If, for any reason other than the
Applicant's act or neglect, the Design Review Committee fails to notify the Applicant of any
noncompliance within fourteen ( 14) days after receipt by the Design Review Committee of written Notice
of Completion from the Applicant, the Improvement to Property shall be deemed in compliance if the
Improvement to Property was, in fact, completed as of the date of Notice of Completion and the
Applicant may proceed to request a certificate of occupancy from the County.
4.19 Appeal to Board of Directors of Finding of Noncompliance. If the Design Review
Committee gives any Notice of Noncompliance, the Applicant may appeal to the Board of Directors by
giving written notice of such appeal to the Board and the Design Review Committee within thirty (30)
days after receipt of the Notice of Noncompliance by the Applicant. If, after a Notice of Noncompliance,
the Applicant fails to commence diligently to remedy such noncompliance, the Design Review
Committee shall request a finding of noncompliance by the Board of Directors by giving written notice of
such request to the Association and the Applicant within sixty (60) days after delivery to the Applicant of
a Notice of Noncompliance from the Design Review Committee. In either event, the Board of Directors
shall hear the maker in accordance with the provisions of the Bylaws for Notice and Hearing, and the
Board shall decide whether or not there has been such noncompliance and, if so, the nature thereof and
the estimated cost of correcting or removing the same.
4.20 Correction of Noncompliance. If the Board of Directors determines that a
noncompliance exists, the Applicant shall remedy or remove the same within a period of not more than
forty-five (45) days from the date of receipt by the Applicant of the ruling of the Board of Directors. If the
Applicant does not comply with the Board ruling within such period, the Board may, at its option, record
a Notice of Noncompliance against the real property on which the noncompliance exists, may enter upon
such property and remove the noncomplying Improvement to Property, or may otherwise remedy the
noncompliance .. and the Applicant shall reimburse the Association, upon demand, for all expenses
mcurred therewith. If such expenses are not promptly repaid by the Applicant or Owner to the
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Association, the Board may levy a Reimbursement Assessment against the Owner of the Lot for such
costs and expenses. The right of the Association to remedy or remove any noncompliance shall be in
addition to all other rights and remedies which the Association may have at law, in equity, or under this
Amended Declaration. The Applicant and Owner of the Lot shall have no claim for damages or otherwise
on account of the entry upon the property and removal of the noncomplying Improvement to Property.
4.21 No Implied Waiver or Estoppel. No action or failure to act by the Design Review
Committee or by the Board of Directors shall constitute a waiver or estoppel with respect to future action
by the Design Review Committee or the Board of Directors with respect to any Improvement to Property.
Specifically, the approval of the Design Review Committee of any Improvement to Property shall not be
deemed a waiver of any right or an estoppel to withhold approval or consent for any similar Improvement
to Property or any similar proposals, plans, specifications, or other materials submitted with respect to
any other Improvement to Property.
4.22 Committee Power to Grant Variances. The Design Review Committee may authorize
variances from compliance with any of the provisions of this Amended Declaration, including restrictions
upon height, size, floor area, or placement of structures or similar restrictions, when circumstances such
as topography, natural obstructions, hardship, aesthetic or environmental consideration may require. Such
variances must be evidenced in writing and shall become effective when signed by at least a majority of
the members of the Design Review Committee. If any such variance is granted, no violation of the
provisions of this Amended Declaration shall be deemed to have occurred with respect to the matter for
which the variance was granted; provided, however, that the granting of a variance shall not operate to
waive any of the provisions of this Amended Declaration for any purpose except as to the particular
property and particular provision hereof covered by the variance, nor shall the granting of a variance
affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting
the property concerned, including, but not limited to, zoning ordinances and setback lines or requirements
imposed by any governmental authority having jurisdiction.
4.23 Meetings of Committee. The Design Review Committee shall meet from time to time as
necessary to perform its duties hereunder. The Design Review Committee may from time to time, by
resolution in writing adopted by a majority of the members, designate a Committee Representative (who
may but need not be one of its members) to take any action or perform any duties for or on behalf of the
Design Review Committee, except the granting of approval to any Improvement to Property and granting
of variances. The action of such Committee Representative within the authority of such Committee
Representative or the written consent or the vote of a majority of the members of the Design Review
Committee shall constitute action of the Design Review Committee.
4.24 Records of Actions. The Design Review Committee shall report in writing to the Board
of Directors all final actions of the Design Review Committee, and the Board shall keep a permanent
record of such reported action.
4.25 Estoppel Certificates. The Board of Directors shall, upon the reasonable request of any
interested Person and after confirming any necessary facts with the Design Review Committee, furnish a
certificate with respect to the approval or disapproval of any Improvement to Property or with respect to
whether any Improvement to Property was made in compliance herewith. Any Person, without actual
notice to the contrary, shall be entitled to rely on said certificate with respect to all matters set forth
therein.
4.26 Nonliability of Committee Action. There shall be no liability imposed on the Design
Review Committee, any member of the Design Review Committee, any Committee Representative, the
Association, or any member of the Board of Directors for any loss, damage, or injury arising out of or in
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any way connected with the performance of the duties of the Design Review Committee unless due to the
willful misconduct of the party to be held liable. In reviewing any matter, the Design Review Committee
shall not be responsible for reviewing, nor shall its approval of an Improvement to Property be deemed
approval of the Improvement to Property from the standpoint of safety, whether structural or otherwise, or
conformance with building codes or other governmental laws or regulations. In accordance with the
foregoing, any Owner seeking the approval of the Design Review Committee for any matter shall provide
the Design Review Committee with a written waiver reaffirming the foregoing and releasing the Design
Review Committee, any Member of the Design Review Committee, any Committee Representative. the
Association and any member of the Board of Directors from any and all liability arising from or related to
the Design Review Committee's approval of such Improvement.
4.27 Construction Period Exception. During the course of actual construction of any
permitted structure or Improvement to Property, and provided construction is proceeding with due
diligence, the Design Review Committee shall temporarily suspend the provisions contained in this
Amended Declaration as to the property upon which the construction is taking place to the extent
necessary to permit such construction. provided that, during the course of any such construction, nothing
is done which will result in a violation of any of the provisions of this Amended Declaration upon
completion of construction and nothing is done which will constitute a nuisance or unreasonable
interference with the use and enjoyment of other property. The Design Review Committee shall
promulgate rules and regulations concerning the use of temporary sanitary facilities and trash dumpsters,
type of construction vehicles allowed on and use of the streets, roads, and rights-<Jf-way located within the
Community Area and Association Properties, and other activities associated with the construction of
Improvements to Property, provided said rules and regulations shall not interfere with the rights existing
under the Permitted Exceptions.
ARTICLES
ASSOCIATION PROPERTIES
5.1 Members' Rights of Use and Enjoyment Generally. Unless otherwise provided in this
Amended Declaration, all Members, their immediate family, dependents, and their guests may use the
Association Properties, subject to the provisions of the Rules and Regulations.
5.2 Allocation of Interests in Common Elements and Association Properties. The
undivided interest of each Owner in the Association Properties, including the undivided interest of each
Owner in the Association Common Areas, shall be expressed as a percentage, the numerator of which
shall be one and the denominator of which shall be the number of Lots located in the Communitv Area at
any given time. ·
5.3 Right of Association to Regulate Use. The Association, acting through the Board, shall
have the power to regulate use of Association Properties to further enhance the overall rights of use and
enjoyment of all Members through the promulgation of the Rules and Regulations, subject to the rights
contained in the Golf Course Easement.
5.4 No Partition of Association Properties. No Owner shall have the right to partition or
seek partition of the Association Properties or any part thereof
5.5 Liability of Owners for Damage by Member. Each Owner shall be liable to the
Association for any damage to Association Properties or for any expense or liability incurred by the
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Association which may be sustained by reason of the negligence or willful misconduct of such Owner or
any Person using the Association Properties through such Owner and for any violation by such Owner or
any such Person of this Amended Declaration or any Rule and Regulation adopted by the Association.
Each Owner shall indemnify and hold the Association harmless from any and all loss, damage, expense,
or liability arising from any negligence or willful misconduct of any Owner or Persons using the
Association Properties through such Owner. The Association shall have the power, as elsewhere provided
in this Amended Declaration, to levy and collect a Reimbursement Assessment against a Member, after
Notice and Hearing, to cover the costs and expenses incurred by the Association on account of any such
damage or any such violation of this Amended Declaration or of such Rules and Regulations or for any
increase in insurance premiums directly attributable to any such damage or any such violation.
5.6 Association Duties if Damage, Destruction, or Required Improvements. In the event
of damage to Association Properties by fire or other casualty or in the event any governmental authority
shall require any repair, reconstruction, or replacement of any Association Properties, the Association
shall have the duty to repair, reconstruct, or replace the same, to the extent funds are available to do so.
Any insurance proceeds payable by reason of damage or destruction of Association Properties by fire or
other casualty shall be paid to the Association and shall be used, to the extent necessary, to pay the costs
of repair, reconstruction, or replacement. If funds from insurance proceeds or from reserves for
replacement are insufficient to pay all costs of repair, reconstruction, or replacement of improvements
damaged or destroyed, or if the Association is required to make repairs, replacements, or improvements
by governmental authorities, the Association may, in order to make up any deficiency in the insurance
proceeds or to pay for the required repair, replacement, or improvement, levy a Special Assessment in
accordance with Section 9.15, or if a Member or group of Members is liable for such damage, levy a
Reimbursement Assessment against the Member or group of Members responsible therefor, to provide the
additional funds necessary. Repair, reconstruction, or replacement of Association Properties shall be done
under such contracting and bidding procedures as the Association shall determine are appropriate. If
insurance proceeds available to the Association on account of damage or destruction exceed the cost of
repair, reconstruction, and replacement, the Association may use the same for future maintenance, repair,
improvement, and operation of other Association Properties or any other use deemed appropriate by the
Board.
5. 7 Association Powers in the Event of Condemnation. If any Association Properties or
interests therein are taken under exercise of the power of eminent domain or by private purchase in lieu
thereof, the award in condemnation or the price payable shall be paid to the Association, except to the
extent payable to any other Person with an interest in such property, including any Mortgagee of such
property. The Association shall have the exclusive right to participate in such condemnation proceedings
and to represent the interests of all Owners or other Persons therein. Any award or funds received by the
Association shall be held by the Association in the Maintenance Fund as determined by the Board, as a
reserve for future maintenance, repair, reconstruction, or replacement of Association Properties or may be
used for Improvements or additions to or operation of Association Properties or such other uses deemed
appropriate by the Board. Except as may otherwise be provided by the Act, no Owner shall be entitled to
participate as a party or otherwise in any condemnation proceedings nor to receive any proceeds
therefrom.
5.8 Title to Association Properties on Dissolution of Association. In the event of
dissolution of the Association, the Association Properties shall, to the extent permitted by law and
reasonably possible, be conveyed or transferred to an appropriate public, governmental or quasi-
governmental agency or organization or to a nonprofit corporation, association, trust, or other
organization, to be used, in any such event, for the common benefit of Owners for similar purposes for
which the particular Assoc1at1on Property was held by the Association. To the extent the foregoing is not
possible, the Association Properties shall be sold or disposed of and the proceeds from the sale or
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disposition shall be distributed to Members in proportion to each Member's interest in the Association
Properties as heretofore allocated.
5.9 Roaring Fork River. In accordance with certain rights of the general public to use
navigable streams and to the extent the Community Area shall abut the River, the terms and provisions of
this Amended Declaration shall be subject to the rights of the general public to use the River for passage
through the Community Area by use of flotation devices only, in accordance with the terms and
provisions of a dedication previously executed by the original developer of Aspen Glen.
5.10 Title to Country Club Property. Neither the Association nor any Owner shall have any
right, title or interest whatsoever in the Country Club Property or the operations conducted on the Country
Club Property, including, but not limited to, equity rights, prescriptive easements, use rights to use the
improvements, or the right to the continued operation of any improvements located on the Country Club
Property, except for those limited ingress/egress rights across certain specific areas of the Country Club
Property expressly provided in the License Agreement. Notwithstanding the foregoing, every Owner of a
Lot within the Community Area shall be permitted to become a member of any golf or country club being
operated on the Country Club Property; provided; however, that such Owners shall be subject to the same
membership requirements, fees and dues structures and such other rules and regulations as are applicable
to other members of such club or facility.
ARTICLE6
DEVELOPER'S RIGHTS AND RESERVATIONS
6.1 Period of Developer's Rights and Reservations. Aspen Glen Golf Company
("Developer") retains, and reserves certain rights as hereinafter set forth with respect to the Association
and properties owned by Developer within the Aspen Glen Community ("Developer Properties") until (a)
the time that the last Lot which may be created within, the Community Area has been sold and conveyed
by Developer to persons other than Developer and a certificate of occupancy has been issued for the
residence constructed thereon, or (b) the date which is thirty (30) years from Recordation of the original
Declaration, whichever event occurs first. The rights and reservations hereinafter set forth shall be
deemed excepted and reserved in each conveyance of property by Developer to the Association whether
or not specifically stated therein and in each deed or other instrument by which any property within the
Community Area is conveyed by Developer. The rights, reservations, and easements hereinafter set forth
shall be prior and superior to any other provisions of the Declaration and Amended Declaration and may
not, without Developer's prior written consent, be modified, amended, rescinded, or affected by any
amendment of this Amended Declaration. Developer's consent to any one such amendment shall not be
construed as consent to any other subsequent amendment.
6.2 Right to Construct Additional Improvements on Developer's Properties. Developer
has the right, but shall not be obligated to, construct additional Improvements on Developer's Properties
in accordance with this Amended Declaration for the improvement and enhancement thereof and for the
benefit of the Association and Owners. Developer shall convey or transfer such Improvements to the
Association and the Association shall be obligated to accept title to, care for, and maintain the same as
Association Properties as elsewhere provided in this Amended Declaration.
6.3 Developer's Rights to Use Association Properties in Promotion and Marketing of
Community Area. Developer shall have and hereby reserves the right to reasonable use of the
Association Properties and of services offered by the Association in connection with the promotion and
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marketing of the Community Area. Without limiting the generality of the foregoing, Developer may (a)
erect and maintain on any part of the Association Properties such signs, temporary buildings, and other
structures as Developer may reasonably d1:em necessary or proper in connection with the promotion,
development, and marketing of Developer Properties within the Community Area; (b) use vehicles and
equipment on Association Properties for promotional purposes; (c) permit prospective purchasers of
property within the boundaries of the Community Area who are not Owners or Members of the
Association to use Association Properties at reasonable times and in reasonable numbers; (d) refer to the
Association Properties and to the Association and services offered by the Association in connection with
the development, promotion, and marketing of property within the boundaries of the Community Area;
(e) to maintain sales offices, management offices and models within the Community Area upon
Developer Properties in such sizes and at such locations as determined by Developer in its sole and
absolute discretion.
6.4 Developer's Rights to Complete Development of Community Area. No provision of
this Amended Declaration shall be construed to prevent or limit Developer's rights to complete
development of property within the boundaries of the Community Area; to construct or alter
Improvements on Developer Properties within the Community Area, including temporary buildings; to
maintain model homes, temporary buildings, construction trailers, or offices for construction or sales
purposes, or similar fucilities on Developer Properties; or to post signs incidental to development,
construction, promotion, marketing, or sales of property within the boundaries of the Community Area.
Nothing contained in this Amended Declaration shall limit the right of Developer or require Developer to
obtain approvals (a) to excavate, cut, fill, or grade Developer Properties or to construct, alter, demolish, or
replace any Improvements on Developer Properties; (b) to use any structure on Developer Properties as a
construction, model home, or real estate sales office in connection with the sale of any property within the
boundaries of the Community Area; or (c) to require Developer to seek or obtain the approval of the
Design Review Committee or of the Association for any such activity or Improvement to Property on
Developer Properties. Nothing in this Amended Declaration shall limit or impair the reserved rights of
Developer as elsewhere provided in this Amended Declaration.
6.5 Developer's Rights to Grant and Create Easements. Developer shall have and hereby
reserves the right to grant or create temporary easements or to relocate existing easements for (a) access
to and egress from or through the Community Area (including, without limitation, access to the Country
Club Property or Public River Parks); (b) utilities, including, but not limited to, water, sewer and
electrical lines, (c) drainage, including, but not limited to, drainage and ditch lateral easements; (d)
additional specific easements pursuant to the Golf Course Easement; (e) access across private roads
located within the Community Area to the Annexable Property; and (I) other purposes incident to the
development and sale of the Community Area (collectively the "Easements"). Such Easements may be
located by Developer in, on, under, over, and across Lots within the Community Area so long as such
easements do not lie within any Building Envelope. Developer shall further have the right to grant to
public or quasi-public entities the right to construct certain storage or other similar facilities on the
Common Areas in connection with the provision of utilities or other services to the Community Area.
Any such fucilities so located, and all distribution lines located in any easements created pursuant to the
provisions hereof, or otherwise, shall, in all events, belong to the provider of such services.
6.6 Developer's Right to Convey Additional Property. Developer has the right, but not the
obligation to, convey additional real property and Improvements thereon to the Association in accordance
with this Amended Declaration.
6. 7 Annexation of Additional Properties.
6.7.1 Right to Annex Additional Property. Developer shall have and hereby
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reserves the right, for a period of thirty (30) years from the date of the Recording of the original
Declaration to annex the Annexable Property to the Community Area. Jn accordance with the
foregoing, each Owner of a Lot hereunder hereby grants to Developer the right to annex the
Annexable Property to the Community Area and to modify such Owner's right to the Common
Area accordingly, as more particularly set forth in this Paragraph 6.7. Notwithstanding the
foregoing, Developer is authorized to convey portions of the Annexable Property as it may
acquire, prior to its annexation hereto, to such third party or parties as it may deem appropriate,
whether for purposes consistent with the Amended Declaration or otherwise. Developer makes no
assurances that all or any portion of the Annexable Property will be added to this Amended
Declaration and Developer reserves the right to annex all or any portion of the Annexable
Property to the Community Area in any order it deems fit in its sole and absolute discretion. Any
such annexation shall not make or constitute any amendment or modification to this Amended
Declaration except as may otherwise be provided herein. The annexation of additional real
property to the Community Area shall be accomplished by the filing for record by Developer with
the Clerk and Recorder of the County, and the county in which the Annexable Property is located
if different than the County, a Supplemental Declaration containing a legal description of the land
area to be added to the Community Area, together with any Supplemental Plats applicable
thereto. The Supplemental Declaration shall incorporate the covenants, conditions and restrictions
set forth herein and contain such additional covenants. conditions and restrictions as may be
applicable to the property annexed thereby, including any special or particular uses thereof. In
addition, the Supplemental Declaration shall provide whether or not the Lots located in the
property annexed thereby (the "Annexed Property") shall be subject to the jurisdiction of a
Subassociation or shall not be subject to the jurisdiction of a Subassociation. The annexation of
the Annexable Property may be accomplished by successive Supplemental Declarations, in no
particular or pre-established order, and may provide that the property annexed thereby is to be
phased so that it is to be made subject to this Amended Declaration at different times. Any such
Supplemental Declaration may impose on the Annexed Property described therein additional
covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes, and
other provisions than those set forth in this Amended Declaration, taking into account the unique
and particular aspects of the proposed development of the Annexed Property covered thereby.
Furthermore, the Developer shall have the right to reserve in such Supplemental Declaration any
such development right which is necessary or appropriate to complete the development of the
Annexed Property or which is otherwise necessary to meet the unique and particular aspects of
the Annexed Property. A Supplemental Declaration may provide for a Subassociation of Owners
within the Annexed Property described in the Supplemental Declaration and for the right of the
Subassociation to assess such Owners. Upon Recordation of a Supplemental Declaration, the
Annexed Property shall be subject to all of the covenants, conditions, restrictions, limitations,
reservations, exceptions, equitable servitudes, and other provisions set forth in this Amended
Declaration, except to the extent specifically stated in the Supplemental Declaration, but in no
event shall the covenants, conditions and restrictions of such Supplemental Declaration be less
stringent than those set forth herein.
6. 7.2 Effect of Expansion. In the event any real property is annexed to the
Community Area as provided herein, the definitions used in this Amended Declaration shall be
automatically expanded to encompass and refer to the Community Area as expanded; e.g.,
"Community Area" shall mean the real property described herein plus any additional real
property annexed thereto; similarly, "Common Area" and "Lots" shall include those areas as
described herein as well as those so designated on any Supplemental Declaration or Supplemental
Plat relating to any real property which is annexed pursuant to this Paragraph 6.7. References to
this Amended Declaration shall mean this Amended Declaration as so supplemented by any
Supplemental Declaration. Every Owner of a Lot in the area annexed to the Community Area
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shall, by virtue of ownership of such annexed property and upon recordation of the Supplemental
Declaration annexing such property to the Community Area, be a member of the Association and
shall be entitled to the same rights and privileges and subject to the same duties and obligations as
any other Association Member. The recording of the Supplemental Declaration with the Clerk
and Recorder of the County, and the county in which the annexed property is located (if different
than the County), shall operate automatically to grant, transfer, and convey to all Owners of Lots
located within the Community Area, and O"'ners of Lots within the annexed property thereto,
their respective, appurtenant, undivided rights, titles, interests, privileges, duties and obligations
in and to both the existing Common Area and any additional common area added to the existing
Common Area by virtue of such annexation, if any. Annual assessments for Lots within the area
annexed to the Community Area shall commence as of the date of the Recording of the
Supplemental Declaration and shall be prorated as of such date. Upon the annexation of any
Annexable Property to the Community Area, each Owner's undivided interest in the Common
Areas and the Association Properties shall be reallocated in accordance with the provisions of
Section 5 .2 hereof. Upon recording of the Supplemental Declaration and any other supplemental
plat with the Clerk and Recorder of the County, and the county in which the annexed property is
located if different than the County, the additional Lots and Common Area shall be subject to the
terms and provisions of this Amended Declaration.
6.8 Annexation of Additional Unspecified Real Estate. Developer has the right for thirty
years after the recording of the original Declaration, to annex additional, unspecified real estate to the
Community Area to the fullest extent permitted by the Act. In the event that Developer elects to annex
such additional property, Developer shall annex such property to the Community in accordance with the
provisions of this Amended Declaration entitled "Annexation of Additional Properties."
6.9 Withdrawal of Annexed Property. Annexed Property for which a Supplemental
Declaration has been Recorded may be withdrawn from the Community Area and from this Amended
Declaration by Developer at any time prior to the time any Lot contained therein has been conveyed to a
third party. Such withdrawal may be accomplished by the execution, acknowledgment, and Recordation
of a Notice of Withdrawal. The Notice of Withdrawal (a) shall be executed and acknowledged by the
O\\ner of the Annexed Property; (b) shall, if the Annexed Property is not then owned by Developer,
contain the executed and acknowledged written consent of Developer for so long as Developer owns any
property in the Community Area and has the power to annex additional property to the Community Area;
( c) shall contain an adequate legal description of the Annexed Property; ( d) shall contain a reference to
the Supplemental Declaration for the Annexed Property which reference shall state the date thereof, the
date of Recordation thereof, and the book and page of the Records in the office of the Clerk and Recorder
of the county where the Supplemental Declaration was Recorded; and (e) shall contain a statement and
declaration that the Annexed Property is withdrawn from the Community Area and shall not be thereafter
subject to this Amended Declaration or the Supplemental Declaration for the Annexed Propertv. The
withdrawal shall be effective upon Recording of the Notice of Withdrawal and, upon Recording· of the
Notice of Withdrawal, the annexed property described therein shall no longer be part of the Community
Area or subject to this Amended Declaration or to the Supplemental Declaration for the Annexed
Property.
6.10 Expansion or Contraction of Annexable Property. Subject to any limitations of the
Act, the Annexable Property may be expanded or contracted to add or delete real property effective upon
the Recordation of a written instrument, executed by Developer, describing such real property and
declaring that such real property shall thereafter be added to or deleted from the Annexable Property.
6.11 Creation of Drainage Easements. Notwithstanding anything so forth herein to the
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contrary, Developer shall have the right to enter into such easements and rights-of-way which provide for
the use of the Association and Owners to retain drainage facilities that may be located outside the
Community Area. Such easements may contain the obligation of the Association to bear a proportionate
cost of constructing and maintaining any such facilities that are for the benefit of the Association,
including, without limitation the construction and maintenance of drainage ponds and lakes located on the
Country Club Property. The existence of such easements shall in no way be construed as creating any
rights of Owners to use or gain access to such ponds or lakes. As of the date of this Amended Declaration
it is contemplated that the Association will bear thirty percent (30%) of the costs and expenses related to
the maintenance and repair of those drainage ponds. facilities and lakes located on the Country Club
Property and which benefit the Community Area and that the Country Club Owner shall bear the
remaining seventy percent (70 %) of such costs and expenses.
6.12 Subdivision of Lots. Developer shall have and hereby reserves the right to resubdivide
the space within any of Developer's Properties located within the Community Area to create additional
Lots; provided, however, that the maximum number of Lots within the Community Area shall not exceed
643 until such time as Developer has caused the annexation of the Additional Annexable Property, or any
portion thereof, to the Community Area; and provided further that such subdivision is completed in
compliance with County subdivision requirements. Upon the resubdivision of any Lot in accordance with
the terms and conditions contained herein, each Owner's undivided interest in the Common Areas and the
Association Properties shall be reallocated in accordance with the provisions of Section 5.2 hereof.
6.13 Expansion of Permitted Property Uses. Notwithstanding anything to the contrary
contained herein, Developer reserves the right to expand the permitted uses for Developer's Properties
provided in Section 3.2 hereof provided that such uses: (a) are consistent with Developer's overall
development plan for the Community Area; (b) are consistent with the P.U.D. for Aspen Glen as the same
may be amended from time to time; and (c) are in accordance with County rules, regulations,
requirements and approvals.
ARTICLE?
ASSOCIATION OPERATION
7.1 Association. The Association has been formed as a Colorado nonprofit corporation under
the Colorado Nonprofit Corporations Act. The Association was organized prior to the date the first Lot
was conveyed to a Purchaser, as that term is defined in the Act. The Association shall have the duties,
powers, and rights set forth in the Act, the Colorado Nonprofit Corporation Act, this Amended
Declaration and in its Articles oflncorporation and Bylaws. As more specifically set forth hereinafter, the
Association shall have a Board of Directors to manage its affairs. The Board of Directors shall be elected
by Owners acting in their capacity as Members of the Association.
7.2 Association Board of Directors. The affairs of the Association shall be managed by a
Board of Directors. The number, term, and qualifications of the Board of Directors shall be fixed in the
Articles of Incorporation and Bylaws. The Board of Directors may, by resolution, delegate portions of its
authority to officers of the Association, but such delegation of authority shall not relieve the Board of
Directors of the ultimate responsibility for management of the affairs of the Association. Action by or on
behalf of the Association may be taken by the Board of Directors or any dulv authorized executive
committee, officer, agent, or employee without a vote of Members, except as· otherwise specifically
provided in this Amended Declaration.
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7.3 Membership in Association. Each Owner of a Lot within the Community Area shall be
a Member of the Association. There shall be one Membership in the Association for each Lot within the
Community Area. The Person or Persons who constitute the Owner of a Lot shall automatically be the
holder of the Membership appurtenant to that Lot, and the Membership appurtenant thereto shall
automatically pass with fee simple title to the Lot. Membership in the Association shall not be assignable
separate and apart from fee simple title to a Lot except that an Owner may assign some or all of his rights
as an Owner and as a Member of the Association to a tenant or Mortgagee and may arrange for a tenant to
perform some or all of such Owner's obligations as provided in this Amended Declaration, but no Owner
shall be permitted to relieve himself of the responsibility for fulfillment of the obligations of an Owner
under this Amended Declaration.
7.4 Voting Rights of Members. Each Member shall have the right to cast one vote for each
Lot owned by such Member in accordance with the Bylaws, provided in no event shall there be more than
one (I) vote per Lot. If title to a Lot is owned by more than one ( 1) Person, such persons shall collectively
vote their interest as a single vote.
7.5 Determination of Member Voting Privileges. Notwithstanding anything to the contrary
contained herein, only Members whose voting rights are in good standing under the Association's Bylaws
(e.g .. voting rights which have not been suspended as provided therein) shall be entitled to vote on
Association matters. In accordance therewith, any and all provisions contained herein requiring the
approval of a requisite percentage of Members of the Association shall be deemed satisfied when the
requisite percentage of Members entitled to vote has been met
7.6 Registration of Owners. Each Owner shall register with the Association upon such
Owner's acquisition of a Lot within the Community Area. Such registration shall be completed by such
Owner at the time such Owner closes the purchase of a Lot within the Community Area and shall be
delivered to the Association within seven days of the date of such closing. Such registration shall be in a
form prescribed by the Association and shall include: (I) a mailing address where notices or demands
intended to be served upon such Owner may be mailed by the Association; (2) a designation of a voting
representative for such Lot; and (3) an acknowledgement that such Owner has: (a) received a copy of this
Amended Declaration and the Bylaws of the Association; (b) that such Owner has read and understands
the same; and ( e) that such Owner is bound by the terms and provisions of the Amended Declaration and
the Bylaws_
ARTICLES
DUTIES AND POWERS OF ASSOCIATION
8.1 General Duties and Powers of Association. The Association has been formed to further
the common interests of the Members. The Association, acting through the Board or persons to whom the
Board has delegated such powers, shall have the duties and powers hereinafter set forth and, in general,
the power to do anything that may be necessary or desirable to further the common interests of the
Members, to maintain, improve, and enhance the common interests of the Members, to maintain,
improve, and enhance Association Properties, and to improve and enhance the attractiveness, aesthetics,
and desirability of the Community Area.
8.2 Duty to Accept Property and Facilities Transferred to Association. The Association
has accepted title to real property, including any Improvements thereon and personal property transferred
to the Association by Developer, and equipment related thereto, together with the responsibility to
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perform any and all Administrative and Public Functions associated therewith. Any property or interest in
property transferred to the Association by Developer shall be within the boundaries of the Community
Area; provided, however, that Developer shall be entitled to transfer and convey the beneficial use of an
easement, subject to, any obligations thereunder, located outside of the Community Area but which
benefits the Association and the Owners. Any property or interest in property transferred to the
Association by Developer shall, except to the extent otherwise specifically approved by resolution of the
Board of Directors, be transferred to the Association free and clear of all monetary obligations, liens and
encumbrances (other than the lien of property taxes and assessments not then due and payable), but shall
be subject to the terms of this Amended Declaration, and easements, covenants, conditions. restrictions,
and equitable servitudes or other encumbrances of record. Except as otherwise specifically approved by
resolution of the Board of Directors, no property or interest in property transferred to the Association by
Developer shall impose upon the Association any obligation to make monetary payments to Developer or
any affiliate of Developer, including, but not limited to, any purchase price, rent, charge, or fee.
8.3 Landscaping Easement. Developer previously established for the benefit of itself and
the Association a nonexclusive easement for landscaping maintenance purposes over that portion of the
Lots fronting the streets, roads and rights-of-way within the Community Area. In accordance with the
foregoing, the Association shall have the right, but not the obligation, to install landscaping and irrigation
fu.cilities in areas designated for such purposes on the Plat or any Supplemental Plat annexing property to
the Community Area (the "Landscaping Easement"). The Association shall have the right, but not the
obligation, to plant, maintain, and replace landscaping within any portion of the Landscaping Easement as
it determines, for any period that it desires. The Association can commence or terminate its landscaping
maintenance, for any portion of the Landscaping Easement, as it chooses, and can recommence or cease
landscaping maintenance from time to time, in its sole discretion. During any period the Association
chooses not to maintain the landscaping within all or any portion of the Landscaping Easement, the
Owners of Lots for such areas shall have the obligation to maintain the landscaping within the
Landscaping Easement, in accordance with the provisions of Section 3 .I of this Amended Declaration.
Should any Owner fail to maintain the landscaping within the Landscaping Easement, during a period in
which the Association is not maintaining such landscaping, the Association shall have the right to enter
onto such Lot Owners property and maintain the landscaping, and charge such Lot Owner with the cost of
such maintenance, as provided in Article 3.
8.4 Duty to Manage and Care for Association Properties. The Association shall manage,
operate, care for, maintain, and repair all Association Properties and keep the same in an attractive and
desirable condition for the use and enjoyment of the Members.
8.5 Duty to Pay Taxes. The Association shall pay all taxes and assessments levied upon the
Association Properties and all taxes and assessments payable by the Association. The Association shall
have the right to contt:st any such taxes or assessments provided that the Association shall contest the
same by appropriate legal proceedings which shall have the effect of preventing the collection of the tax
or assessment and the sale or foreclosure of any lien for such tax or assessment and provided that the
Association shall keep and hold sufficient funds to pay and discharge the taxes and assessments, together
with any interest and penalties which may accrue with respect thereto, if the contest of such taxes is
unsuccessful.
8.6 Duty to Maintain Casualty Insurance. The Association shall obtain and keep in full
force and effect at all times, to the extent reasonably obtainable, property insurance on all insurable
Association Properties, including, but not limited to, improvements and personal property owned by the
Association or that may be owned by the Association in the future. Such insurance shall be for broad form
covered causes of loss, including casualty, fire, and extended coverage insurance with respect to all
insurable Improvements and personal property owned by the Association including, if available at
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reasonable cost, coverage for vandalism and malicious mischief. Such insurance shall, to the extent
reasonablv obtainable, be for the full insurable replacement cost of the insured property, less applicable
deductibl~s at the time the insurance is purchased and at each renewal date, exclusive of land, excavation,
foundations and other items normally excluded from property policies.
8. 7 Duty to Maintain Liability Insurance. The Association shall obtain and keep in full
force and effect at all times, to the extent reasonably obtainable, general liability insurance against claims
and liabilities arising in connection with the ownership, existence, use, or management of the Association
Properties and covering public liability for bodily injury and property damage and, if the Association
owns or operates motor vehicles, public liability for bodily injury and property damage arising as a result
of the ownership and operation of motor vehicles. Such liability insurance for other than motor vehicle
liability shall, to the extent reasonably obtainable, (a) have limits of not less than Five Hundred Thousand
Dollars ($500,000.00) per person and One Million Dollars ($1,000,000.00) per occurrence; (b) insure the
Board, the Association, the Manager, if any, and their respective employees, agents and all Persons acting
as agents; (c) include the Members as an additional insured, but only for claims and liabilities arising in
connection with the ownership, existence, use or management of Association Properties; and ( d) cover
claims of one or more insured parties against other insured properties.
8.8 General Provisions Respecting Insurance. Insurance obtained by the Association may
contain such deductible provisions as good business practice may dictate. If the insurance described is not
reasonably available, or if any policy of such insurance is cancelled or renewed without a replacement
policy therefor having been obtained by it, the Association shall promptly cause notice of that fact to be
delivered to all Members. The Association may carry any other type of insurance it considers appropriate
in amounts it deems appropriate, to insure the interests of the Association. Insurance policies carried
pursuant to Sections &.6 and 8.7 shall provide that (a) each Member is an insured Person under the policy
with respect to liability arising out of such Member's interest in the Association Properties or membership
in the Association; (b) the insurer waives its right of subrogation under the policy against the Association,
each Member, and any Person claiming by, through, or under such Member or any other director, agent,
or employee of the foregoing; (c) no act or omission by any Member, unless acting within the scope of
such Member's authority on behalf of the Association, will void the policy or be a condition to recovery
under the policy; and ( d) if at the time of a loss under the policy, there is other insurance in the name of a
Member covering the same risk covered by the policy, the Association's policy shall be the primary
insurance. The Association may adopt and establish written nondiscriminatory policies and procedures
relating to the submittal of claims, responsibility for deductibles, and any other matters of claim
adjustment. To the extent the Association settles claims for damages to real property, it shall have the
authority to assess negligent Owners causing such loss or benefiting from such repair or restoration for all
deductibles paid by the Association. Insurance policies and insurance coverage shall be reviewed at least
annually by the Board of Directors to ascertain whether coverage under the policies is sufficient in light
of the current values of the Association Properties and in light of the possible or potential liabilities of the
Association. The aforementioned insurance may be provided under blanket policies covering the
Association Properties. In no event shall insurance coverage obtained or maintained by the Association be
bought into contribution with insurance purchased by Owners, occupants or their Mortgagees.
8.9 Maintenance of Fidelity Insurance. In the event the Board of Directors delegates its
powers with respect to collection, deposit, transfer, or disbursement of Association funds to other persons
or to a managing agent, as authorized by these Bylaws and the Colorado Common Interest Ownership
Act, then in connection with such delegation of powers, the Board of Directors shall require
a. That the other persons or managing agent maintain fidelity insurance coverage or a bond in an
amount not less than $50,000 or such higher amount as the Board of Directors or Executive Committee
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may require;
b. That the other persons or managing agent maintain all funds in accounts of the Association
separate from the funds and accounts of other associations managed by the other persons or managing
agent and maintain all reserve accounts of each association so managed separate from operational
accounts of the Association; and
c. That an annual accounting for Association funds and a financial statement be prepared and
presented to the Association by the managing agent, a public accountant, or a certified public accountant.
8.10 Other Insurance and Bonds. The Association shall obtain such other insurance as may
be required by law. including workmen's compensation insurance, and shall have the power to obtain such
other insurance and such fidelity, indemnity, or other bonds as the Association shall deem necessary or
desirable.
8.11 Duty to Prepare Budgets. The Association shall prepare Budgets for the Association as
elsewhere provided in this Amended Declaration.
8.12 Duty to Levy and Collect Assessments. The Association shall levy and collect
Assessments as elsewhere provided in this Amended Declaration.
8.13 Duty to Keep Association Records. The Association shall keep financial records
sufficiently detailed to enable the Association to comply with the Act, including, but not limited to,
financial records sufficiently detailed to provide a statement setting forth the amount of any unpaid
Assessments currently levied against an Owner.
8.14 Duties with Respect to Design Review Committee Approvals. The Association shall
perform functions to assist the Design Review Committee as elsewhere provided in this Amended
Declaration.
8.15 Power to Acquire Property and Construct Improvements. The Association may
acquire property or interests in property for the common benefit of Owners including Improvements and
personal property. The Association may construct Improvements on property and may demolish existing
Improvements.
8.16 Power to Adopt Rules and Regulations. The Association may adopt, amend, repeal,
and enforce Rules and Regulations and policies as may be deemed necessary or desirable with respect to
the interpretation and implementation of this Amended Declaration, the operation of the Association, the
use and enjoyment of Association Properties, and the use of any other property within the Community
Area, including Lots. Any such Rules and Regulations and policies shall be effective only upon adoption
by resolution of the Board of Directors. Notice of the adoption, amendment, or repeal of any Rule or
Regulation or policy shall be given in writing to each Member at the address for notices to Members as
elsewhere provided in Section 11.11 of this Amended Declaration or the Bylaws, and copies of the
currently effective Rules and Regulations and policies shall be made available to each Member upon
request and payment of the reasonable expense of copying the same. Such Rules and Regulations and
policies can also be provided through the Association's web page. Each Member shall comply with such
Rules and Regulations and policies and shall see that Persons claiming through such Member comply
with such Rules and Regulations and policies. Such Rules and Regulations and policies shall have the
same force and effect as if they were set forth in and were part of this Amended Declaration. In the event
of conflict between the Rules and Regulations and policies and the provisions of this Amended
Declaration, the provisions of this Amended Declaration shall prevail. Such Rules and Regulations and
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policies may contain provisions relating to control over limiting access to the Community Area to
Owners, their guests and invitees, establishing traffic safuty and parking regulations and a system of fines
for noncompliance, provided in no event shall the Rules and Regulations and policies limit or prohibit
access of guests, invitees, or employees of the Country Club Owner, or interfere, restrict or amend the
rights and privileges granted in the Golf Course Easement.
8.17 Power to Enforce Declaration and Rules and Regulations. The Association shall have
the power to enforce the provisions of this Amended Declaration and the Rules and Regulations and
policies and shall take such action as the Board deems necessary or desirable to cause such compliance by
each member and each Person claiming by, through, or under such Member ("Related User"). Without
limiting the generality of the foregoing, the Association shall have the power to enforce the provisions of
this Amended Declaration and the Rules and Regulations and policies by any one or more of the
following means: (a) by entry upon any property within the Community Area after Notice and Hearing
(unless a bona fide emergency exists), without liability to the Owner thereof or the Association, for the
purpose of enforcement or causing compliance with this Amended Declaration or the Rules and
Regulations and policies; (b) by commencing and maintaining actions and suits to restrain and enjoin any
breach or threatened breach of the provisions of this Amended Declaration or the Rules and Regulations
and policies, by mandatory injunction or otherwise; (c) by commencing and maintaining actions and suits
to recover damages for breach of any of the provisions of this Amended Declaration or the Rules and
Regulations and policies; ( d) by suspension, after Notice and Hearing, of the voting rights of a Member
during and for up to ten (I 0) days following any breach by such Member or a Related User of such
Member of this Amended Declaration or the Rules and Regulations and policies, unless the breach is a
continuing breach in which case such suspension shall continue for so long as such breach continues; (e)
by levying and collecting, after Notice and Hearing, a Reimbursement Assessment against any Member
for breach of this Amended Declaration or the Rules and Regulations and policies by such Member or
Related User of such Member; and (f) uniformly applied fines and penalties, established in advance in the
Rules and Regulations and policies of the Association, from any Member or Related User for breach of
this Amended Declaration or the Rules and Regulations and policies by such Member or Related User of
such Member. In the event that the Association fails to enforce the provisions of this Amended
Declaration as provided for herein, each Member shall, upon thirty (30) days written notice to the
Association, have the power (a) to enforce the provisions hereof by commencing and maintaining actions
and suits to restrain and enjoin any breach or threatened breach of the provisions of this Amended
Declaration, by mandatory injunction or otherwise; or (b) to commence or maintain actions and suits to
recover damages for breach of any of the provisions of this Amended Declaration.
8.18 Power to Grant Easements. The Association shall have the power to grant access,
utility, drainage, water facility, and such other easements in, on, over, or under Association Properties as
it deems necessary or desirable for the benefit of the Community Area. The Association shall have the
further power to designate portions of the Association Properties as limited common elements .for the
benefit of specific Lot owners.
8.19 Power to Convey and Dedicate Property to Governmental Agencies. The Association,
with the approval of Members representing at least sixty-seven percent (67 %) of the Owners entitled to
vote, shall have the power to grant, convey, dedicate, or transfer any Association Properties or facilities to
any public, governmental or quasi-governmental agency or authority for such purposes and subject to
such terms and conditions as the Association shall deem appropriate. Further, to the extent that any
easement or right-of-way is required under or across any Association Properties which would not impair
or hinder the use thereof, the Association shall have the right to grant or convey the same without the
consent of the Members.
8.20 Power to Borrow Money and Mortgage Property. The Association shall have the
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power to borrow money and, with the approval of Members representing at least sixty-seven percent
( 67%) of the Owners entitled to vote, to encumber Association Properties as security for such borrowing,
subject to provisions elsewhere contained in this Amended Declaration with respect to required approvals
and consents to such action. An Agreement to convey, or subject the Association Properties to a security
interest in accordance with this Section and Section 8.19 above shall be evidenced by the execution of an
agreement, or ratification thereof, in the same manner as a deed, by the requisite number of Owners. The
agreement shall specify a date after which the agreement will be void unless recorded before that date and
shall be effective upon Recordation.
8.21 Power to Engage Employees, Agents, and Consultants. The Association shall have the
power to hire and discharge employees and agents and to retain and pay for management, (e.g.,
management company), legal and accounting services as may be necessary or desirable in connection
with the performance of any duties or the exercise of any powers of the Association under this Amended
Declaration.
8.22 General Corporate Powers. The Association shall have all of the ordinary powers and
rights of a Colorado corporation formed under the Colorado Nonprofit Corporation Act, including,
without limitation, entering into partnership and other agreements, subject only to such limitations upon
such powers as may be set forth in this Amended Declaration or in the Articles of Incorporation or
Bylaws. The Association shall also have the power to do any and all lawful things which may be
authorized, required, or permitted to be done under this Amended Declaration or the Articles of
Incorporation or Bylaws and to do and perform any and all acts which may be necessary or desirable for,
or incidental to, the exercise of any of the express powers or rights of the Association under this Amended
Declaration and the Articles oflncorporation or Bylaws.
8.23 Power to Provide Public Functions. The Association shall have the power to acquire,
construct, operate, manage, maintain, repair, and replace public facilities and to provide Public Functions
as defined in this Amended Declaration The Association may enter into such cooperative agreements and
arrangements as it may deem necessary and appropriate with any provider of utilities or public services to
Owners, including any special municipal or quasi-municipal districts created for the purpose of providing
such services.
8.24 Power to Provide Services to Subassociations. The Association shall have the power to
provide services to Subassociations. Such services to any Subassociation shall be provided pursuant to an
agreement in writing between the Association and such Subassociation which shall provide for the
payment by such Subassociation to the Association of the reasonably estimated expenses of the
Association of providing such services to the Subassociation including a fair share of the overhead
expenses of the Association. Services which may be provided to a Subassociation may include, without
limitation, (a) the construction, care, operation, management, maintenance, repair, and replacement of
Improvements owned by the Subassociation; (b) the providing of Public Functions to the area covered by
the Subassociation; ( c) the enforcement of the provisions of any Supplemental Declaration for, on behalf
of, and in the name of the Subassociation; (d) the collection of assessments for, in the name of, and on
behalf of a Subassociation; ( e) the payment of taxes for a Subassociation with funds of the
Subassociation; (f) the obtaining of insurance for a Subassociation; (g) the collection of charges for use of
facilities of a Subassociation; and (h) the appointment and supervision of a Manager or Managers for a
Subassociation.
8.25 Power to Provide Special Services to Members. The Association shall have the power
to provide services to a Member or group of Members. Any service or services to a Member or group of
Members shall be provided pursuant to an agreement in writing, or through one or more Supplemental
Declarations, which shall provide for payment to the Association by such Member or group of Members
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of the reasonablv estimated costs and expenses of the Association of providing such services, including a
fair share of th; overhead expenses of the Association and shall contain reasonable provisions assuring
that the obligation to pay for such services shall be binding upon any heirs, personal representatives,
successors and assigns of the Member or group of Members and that the payment for such services shall
be secured by a lien on the property of the Member or group of Members.
8.26 Power to Charge for Association Properties, Facilities and Services. The Association
shall have the power to establish reasonable and uniformly applied charges for the use of Association
Properties, facilities and services. The charges may include reasonable admission or other fees for any
special or extraordinary use of Association Properties, facilities or services of the Association such as
special parking privileges, special recreation facilities, conference rooms, instruction, day care or child
care services, or similar uses beyond the ordinary use of Association Properties, facilities, and services.
Such charges or fees shall be set forth in schedule of charges and fees adopted from time to time by the
Board of Directors. No fees or charges shall be levied on Members, guests, or invitees of the Country
Club Property for their ingress or egress across the Common Areas, as provided in the Golf Course
Easement.
8.27 Power to Employ Managers. The Association shall have the power to retain and pay for
the services of a Manager or Managers to undertake any of the management or Administrative Functions,
Recreation Functions, or Public Functions for which the Association has responsibility under this
Amended Declaration to the extent deemed advisable by the Association, and may delegate any of its
duties, powers. or functions to any such Manager. Any contract or agreement with any such Manager
shall be terminable by the Association for cause on no more than thirty (30) days prior written notice, and
shall be terminable by the Association without cause and without payment of a termination fee on no
more than ninety (90) days prior written notice. Any such contract or agreement shall be for a term of no
more than one ( 1) year and may be subject to renewal for succeeding terms of no more than one ( 1) year
each. Notwithstanding any delegation to a Manager of any duties, powers, or functions of the Association,
the Association and its Board of Directors shall remain ultimately responsible for the performance and
exercise of such duties, powers, and functions.
8.28 Powers Provided by Law. In addition to the above-referenced powers, the Association
shall have full power to take and perform any and all actions which may be lawfully taken by the
Association under the Colorado Nonprofit Corporation Act and the Colorado Common Interest
Ownership Act.
ARTICLE9
ASSESSMENTS, BUDGETS, AND FUNDS
9.1 Maintenance Funds To Be Established. The Association may establish and maintain
the following separate Maintenance Funds: (a) an Administrative Functions Operating Fund; and (b) an
Administrative Functions Reserve Fund. The Maintenance Funds shall be established as one or more trust
savings or trust checking accounts at any financial institution in which deposits are insured by an agency
of the federal government. Notwithstanding anything else to the contrary contained herein, in no event
shall the Association be required to apply any surplus funds of the Association remaining after payment
of or provision for common expenses, or any prepayment of or provision for reserves, against any
Members' future Common Assessment or return such surplus funds to the Members.
9.2 Establishment of Other Funds. The Association may establish other funds as and when
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needed. Nothing herein shall limit, preclude, or impair the authority of the Association to establish other
funds for specified purposes authorized by this Amended Declaration. If the Association establishes any
additional funds. the Board shall designate an appropriate title for the fund to distinguish it from other
funds maintamed by the Association.
9.3 Deposit of Common Assessments to Maintenance Funds. Monies received by the
Association from Common Assessments shall be deposited in the Maintenance Funds in accordance with
the following provisions: (a) there shall be deposited to the Administrative Functions Operating Fund that
portion of the Common Assessments which, according to the Association Budget for the year, was
budgeted for operating costs and expenses of the Administrative and Public Functions; and (b) there shall
be deposited to the Administrative Functions Reserve Fund that portion of the Common Assessments
which were budgeted for the Reserve Fund for Administrative and Public Functions.
9.4 Other Deposits to Maintenance Funds. The Association shall deposit monies received
by the Association from sources other than Common Assessments in the Maintenance Fund determined
by the Board of Directors to be most appropriate. For example, the Reimbursement Assessments shall be
deposited to the Maintenance Fund from which the costs and expenses were or will be paid which form
the basis for the Reimbursement Assessments; and Special Assessments for capital repairs, maintenance,
replacements. and Improvements shall be deposited to the Reserve Fund from which such capital costs
have been or will be paid. Interest and late charges received on account of delinquent assessments may be
allocated among the Maintenance Funds in the same proportions as the delinquent assessments were
allocated or, at the discretion of the Board of Directors, may be allocated to any one or more of the
Maintenance Funds or other funds.
9.5 Disbursements from Maintenance Funds. All amounts deposited in the Maintenance
Funds shall be used solely for the common benefit of all the Members for purposes authorized by this
Amended Declaration. Disbursements from particular Maintenance Funds shall be limited to specified
purposes as follows: (a) disbursements from the Administrative Functions Operating Fund may be made
for such purposes as are necessary or proper under this Amended Declaration, except those purposes for
which disbursements are to be made from other Maintenance Funds; and (b) disbursements from the
Administrative Functions Reserve Fund shall be made solely for purposes of funding those
Administrative Functions which cannot be expected to recur on an annual or more frequent basis.
9.6 Authority for Disbursements. The Board shall have the authority to make or to
authorize an agent to make disbursements of any monies in the Maintenance Fund.
9. 7 Common Assessments. For each calendar year, the Association may levy Common
Assessments against Owners of the Lots. Each Owner shall be obligated to pay the Common Assessments
levied against and allocated to such Owner and the Lot of such Owner, as hereinafter provided.
9.8 Apportionment of Common Assessments. For purposes of assessing the Common
Assessments, each Lot shall constitute one (1) Unit regardless of the size, value, location. or use of such
Lot. The amount of the Common Assessment for any year, payable by the Owner of such Lot, shall be
computed by multiplying the total amount to be raised by the Common Assessments for that year, as
shown in the Association Budget for that year, by a fraction, the numerator of which is one (I) and the
denominator of which is the total number of Lots in the Community Area as of the first day of that
calendar year.
9.9 Funding of Reserve Funds. The Board, in budgeting and levying assessments, shall
endeavor, whenever possible, to fund the Administrative Functions Reserve Fund by regularly scheduled
payments, included as part of the Common Assessments, rather than by large Special Assessments.
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Amounts in the Administrative Functions Reserve Fund may be used in the discretion of the Board of
Directors, from time to time, for any purpose for which a Common or Special Assessment may be used.
9.10 Supplemental Common Assessments. If the estimated sums prove inadequate for any
reason, including nonpayment of any Owner's Common Assessment, the Board may, from time to time,
levy a Supplemental Common Assessment for any of the Maintenance Funds. Such Supplemental
Common Assessment shall be assessed against the Owner of each Lot, in the same manner Common
Assessments are originally assessed each year by the Board with respect to the particular Maintenance
Fund. Written notice of any change in the amount of any annual Common Assessment shall be sent to
every Owner subject thereto, not less than thirty (30) days prior to the effective date of such change.
9.11 Annual Budgets. The Board of Directors shall cause to be prepared, at least sixty (60)
days prior to the commencement of each calendar year, a Budget for such calendar year, including a
reasonable provision for contingencies and deposits into the Administrative Functions and Reserve Funds.
The Budget shall show, in reasonable detail, the categories of expenses and the amount of expenses in
each Maintenance Fund, and shall reflect any expected income of the Association for the coming calendar
year and any expected surplus from the prior year and any existing surplus in any Reserve Fund. The
Budget may include an amount for contingencies and amounts deemed necessary or desirable for deposits
to create, replenish, or add to the proper Reserve Fund for major capital repairs, replacements, and
improvements for Association Properties. Within thirty (30) days after the adoption of any Budget, the
Board shall cause a copy of the Budget to be distributed to each Member, shall cause a copy of the
Budget to be posted at the principal office of the Association, and shall set a date for a meeting of the
Owners to consider ratification of the Budget not less than fourteen (14) nor more than sixty (60) days
after mailing or other delivery of the summary. Such meeting may be concurrent with the annual meeting
of Members as provided in the Bylaws. Unless at that meeting a majority of the Owners entitled to vote
reject the Budget, the Budget shall be deemed ratified, whether or not a quorum is present. In the event
the Budget is rejected, the periodic Budget last ratified by the Owners must be continued until such time
as the Owners ratify a subsequent Budget proposed by the Board. In the event the Association does not
have an address for any Member, such posting shall be deemed delivered to any such Member. At such
time as the Association publishes a newsletter for Members, the Budget shall be published in such
newsletter. Copies of the Budget shall be made available by the Association to any Members requesting a
copy of the same upon payment of the reasonable expense of copying the same. The Association shall
also make the following information available, as updated each year, within ninety (90) days after the end
of its fiscal year: (a) the date on which the fiscal year commences; (b) the operating budget for the current
year; (c) a list, by unit type, of the Association's current assessments; (d) its annual financial statements,
including any amounts held in reserve for the fiscal year immediately preceding the current annual
disclosure; (e) the results of any financial audit or review for the prior fiscal year; (f) a list of all
Association insurance policies, including company names, deductibles, expiration dates and additional
named insureds; (g) Bylaws, Articles and Rules and Regulations and policies; (h) minutes of Board and
Member meetings for the prior year; and (i) responsible governance policies adopted under Colorado law.
The financial statements of the Association shall be reviewed by an independent public accountant and an
audit based upon such review shall be included in the annual report at least once every two years. Such
information can be provided through the Association· s web page, by maintaining hard copies at the
Association's principal place of business or by mail or personal delivery.
9.12 No Disbursements To Abate Adjoining Nuisances or Zoning Amendments. Nothing
in this Amended Declaration shall be construed so as to permit the Association to use any Assessments to
abate any annoyance or nuisance emanating from outside the physical boundaries of the Community Area
or to dispute any change to the zoning or assessment of any property adjacent to or outside the boundaries
of the Community Area.
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9.13 Payment of Assessment. Common Assessments shall be due and payable in advance to
the Association bv the assessed Member on or before the first day of each calendar month, or in such
other manner and. on such other dates as the Board of Directors may designate in its sole and absolute
discretion. Notice of the amount of the Common Assessments shall be given to each Member prior to
January 1 of each year.
9.14 Failure to Fix Assessment. The failure by the Board of Directors to levy an Assessment
for any year shall not be deemed a waiver or modification with respect to any of the provisions of this
Amended Declaration or a release of the liability of any Member to pay Assessments, or any installment
thereof, for that or any subsequent year. No abatement of the Common Assessment or any other
Assessment shall be claimed or allowed for inconvenience or discomfort arising from the making of
repairs or Improvements to Association Properties or from any action taken to comply with any law or
any determination of the Board of Directors or for any other reason.
9.15 Special Assessments for Capital Expenditures. In addition to Common Assessments,
the Board of Directors may, subject to the provisions of this Section, levy Special Assessments for the
purpose of raising funds not otherwise provided under the Budget from Common Assessments to
construct or reconstruct, repair, or replace capital Improvements upon Association Properties, including
necessary personal property related thereto; to add to the Association Properties; to provide for necessary
fucilities and equipment to offer the services authorized in this Amended Declaration; or to repay any loan
made to the Association to enable it to perform the duties and functions authorized in this Amended
Declaration. The Board of Directors shall not levy Special Assessments without the vote of the Members
representing at least a majority of the Owners of Lots subject to the Special Assessment who are entitled
to vote. The Association shall notify Members in writing of the amount of any Special Assessment and of
the manner in which, and the dates on which, any such Special Assessment is payable and the Members
shall pay any such Special Assessment in the manner so specified.
9.16 Reimbursement Assessments. The Board of Directors may, subject to the provisions
hereof, levy an Assessment against any Member if the willful or negligent failure of the Member or a
Person claiming through the Member to comply with this Amended Declaration, the Articles of
Incorporation, the Bylaws, or the Rules and Regulations shall have resulted in the expenditure of funds by
the Association to cause such compliance including, but not limited to, court costs and attorneys' fees.
Such Assessment shall be known as a Reimbursement Assessment and shall be levied only after Notice
and Hearing, The amount of the Reimbursement Assessment shall be due and payable to the Association
thirty (30) days after notice to the Member of the decision of the Board of Directors that the
Reimbursement Assessment is owing.
9.17 Late Charges and Interest. If any Common Assessment, Special Assessment, or
Reimbursement Assessment or any installment thereof is not paid when due, the Member obligated to pay
the Assessment may be required to pay a reasonable late charge to be determined by the Board. Any
Assessment or installment of an Assessment which is not paid when due shall bear interest from the date
said Assessment was due at the highest rate then established by statute in Colorado for interest on
damages for personal injury or on judgments in other actions, whichever is higher, but in no event less
than eighteen percent ( 18 %) per annum simple interest.
9.18 Attribution of Payments. If any installment of a Common Assessment payment is less
than the amount assessed and the payment does not specify the Maintenance Fund or Funds into which it
should be deposited, the receipt by the Association from that Owner shall be credited in the following
order of priority: (a) to the Administrative Functions Reserve Fund until that portion of the Common
Assessment has been satisfied; and (b) to the Administrative Functions Operating Fund. In each of the
foregoing cases, receipts shall be credited first to interest, attorneys' fees and other costs of collection, and
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ne>.1 to principal reduction, satisfying the oldest obligations first, followed by more current obligations, in
accordance with the foregoing order of priority.
9.19 Notice of Default. Except as otherwise provided herein, if any Common Assessment,
Special Assessment, or Reimbursement Assessment or any installment thereof is not paid within ten (10)
days after its due date, the Board of Directors may, but shall not be obligated to, mail a notice of default
("Notice of Default") to the Owner and to each first Mortgagee of the Lot who has requested a copy of the
notice. The notice shall specify (a) the fact that the installment is delinquent; (b) the action required to
cure the default; (c) a date, not less than thirty (30) days from the date the notice is mailed to the Member,
by which such default must be cured; and ( d) that failure to cure the default on or before the date specified
in the notice mav result in (i) acceleration of the balance of the Assessment or the installments of the
Assessment for the then current calendar year. if applicable, and (ii) the filing and foreclosure of the lien
for the Assessment against the Lot of the Member. The notice shall further inforrn the Member of any
right to cure the default and of any right to bring a court action to assert the nonexistence of a default or
any other defense of the Member. If the delinquent Assessment and any late charges or interest thereon
are not paid in full on or before the date specified in the notice, the Board, at its option, may declare all of
the unpaid balance of the Assessment to be immediately due and payable without further demand, if
applicable, and may enforce the collection of the Assessment and all charges and interest thereon in any
manner authorized by law in this Amended Declaration, subject to the protection afforded to Mortgagees
under this Amended Declaration.
9.20 Remedies to Enforce Assessments. Each Assessment levied hereunder shall be a
separate, distinct, and personal debt and obligation of the Owner or Member against whom the same is
assessed. In the event of a default in payment of any Assessment or installment thereof, whether
Common, Special, or Reimbursement, the Board may, in addition to any other remedies provided under
this Amended Declaration or by law, enforce such obligation on behalf of the Association by suit or by
filing and foreclosure of a lien as hereinafter provided.
9.21 Lawsuit to Enforce Assessments. The Board may bring a suit at law to enforce any
Assessment obligation. Any judgment rendered in such action shall include any late charges, interest, and
other costs of enforcement, including reasonable attorneys' fees in the amount as the court may adjudge,
against the defaulting Owner or Member.
9.22 Lien to Enforce Assessments. Pursuant to and in accordance with the Act, the
Association shall have a statutory lien on a Lot for any Assessment levied against that Lot, or fines
imposed against its Owner, from the time the Assessment or fine becomes due. All fees, charges, late
charges, attorneys' fees, fines and interest outstanding from such Owner shall be included in such lien.
The lien created hereby and under the Act shall be prior to any declaration of homestead rights recorded
after the time that the Lot becomes a part of the Community Area and shall have the priority attached to
such lien under the Act and under Colorado law. The lien shall continue until the amounts secured thereby
and all subsequently accruing amounts are fully paid or otherwise satisfied. Unless paid or otherwise
satisfied, the lien may be foreclosed in the manner for foreclosure of mortgages in the State of Colorado
or in any other manner provided under Colorado law.
9.23 Estoppel Certificates. Upon the written request of any Member and any Person with, or
intending to acquire, any right, title, or interest in the Lot of such Member, the Association shall furnish a
written statement setting forth the amount of any Assessments or other amounts, if any, due and accrued
and then unpaid with respect to a Lot and the Owner thereof, and setting forth the amount of any
Assessment levied against such Lot which is not yet due and payable. Such statement shall, with respect
to the Person to whom it is issued, be conclusive against the Association and all Persons for all purposes,
that no greater or other amounts were then due or accrued and unpaid and that no other Assessments have
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been levied.
9.24 No Offsets. All Assessments shall be payable in the amounts specified in the levy
thereof, and no offsets or reduction thereof shall be permitted for any reason including, without limitation,
any claim that the Association or the Board of Directors is not properly exercising its duties and powers
under this Amended Declaration.
ARTICLE 10
SPECIAL PROVISIONS
10.1 Wetlands Protection. All areas determined by the County or any governmental agency
having jurisdiction over the Community Area to be wetlands will be designated as such on the applicable
Final Plat. All areas designated as wetlands on any such Final Plats or as exhibits to deeds containing
wetlands shall be preserved in their present natural character and condition to as great a degree as
possible. In furtherance of this objective, the following additional restrictions have been imposed:
10.1.1 No removal of trees and shrubs shall be allowed within areas designated as
wetlands;
l 0 .1.2 No domestic animals of any kind shall be allowed to enter upon or to
graze in areas designated as wetlands;
10. l.3 No filling or excavating of any kind shall be allowed in areas designated as
wetlands;
10. l.4 No activity within the wetlands that will modify or in any way change the
character of the wetlands shall be allowed;
10.1.5 The land designated as wetlands shall not be subdivided or have its exterior
boundaries changed in any way:
10. l .6 No Building Envelope for any Lot shall be located within any area designated
as wetlands.
10.2 Air Quality Restrictions. In order to protect against the degradation which occurs to air
quality as a result of the utilization of wood-burning devices, the following restrictions are imposed:
10.2.1 No open hearth solid fuel fireplaces will be allowed anywhere within any
new dwelling units located with the Community Area.
10.2.2 All dwelling units within the Community Area will be allowed an
unrestricted number of natural gas burning fireplaces or appliances.
10.2.3 All dwelling units within the Community Area will be allowed one(!) new
wood-burning stove as defined by C.R.S. 25-7-401 et seq., and the regulations
promulgated thereunder.
10.2.4 The foregoing air quality instructions shall be included as plat notes on all
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Final Plats of the Property.
10.3 Fencing. No fences along or adjacent to Lot lines shall be allowed on any Lots west of
Countv Road I 09, and such other Lots on which such fences are prohibited by plat restrictions or notes or
by th~ Design Review Committee in its sole discretion. Further, plats may contain restrictions against
placement or types of fencing permitted on certain Lots which abut the Country Club Property.
10.4 Duration and Enforceability. The restrictions set forth in this Article 10 shall constitute
covenants running with the Community Area, and shall be binding upon the Owners and all other persons
and parties claiming through the Owners and shall be for the benefit of and limitations upon all future
Owners of the Property. Notwithstanding any other provision of this Amended Declaration, all use
restrictions set forth in this Article IO may be set forth in individual deeds to Lots and shall be enforceable
in perpetuity and shall not be amended or terminated by action of the Owners nor by any provision for
termination of this Amended Declaration. The restrictions of these special environmental use restrictions
shall be enforceable in any and all manners provided in this Amended Declaration by any Owners or by
any County, State or Federal agency charged with preservation of the affected areas. Any such
enforcement action shall entitle the enforcing party to recovery of damages equal to the cost of restoration
of the Property, but not less than $1,000.00, and such enforcing party shall be entitled to an award of its
reasonable attomevs' fees and costs of enforcement. including but not limited to, court costs, expert
witness fees, and rost of depositions and exhibits.
ARTICLE 11
MISCELLANEOUS
11.1 Term of Amended Declaration. Unless amended as herein provided, and except for
those provisions set forth in Article 10 hereof, each provision contained in this Amended Declaration
shall continue and remain in full force and effect until December 31, 2050, and thereafter shall be
automatically extended for successive periods of ten ( 10) years each unless terminated by the vote, and
written ballot, of Members holding at least sixty-seven percent (67 %) of the Members of the Association.
In the event this Amended Declaration is terminated, the termination of this Amended Declaration shall
be evidenced by a termination agreement ("Termination Agreement"), or ratification thereof, executed by
the requisite number of Owners. The Termination Agreement shall specify a date after which the
Termination Agreement will be void unless Recorded before such date. The Termination Agreement shall
be recorded and the termination of this Amended Declaration shall be effective upon such Recording.
11.2 Amendment of Declaration by Members. Except as otherwise provided in this
Amended Declaration, including Section 6.1, and subject to provisions elsewhere contained in this
Amended Declaration requiring the consent of Developer or others, any provision, covenant, condition,
restriction, or equitable servitude contained in this Amended Declaration may be amended or repealed at
any time and from time to time upon approval of the amendment or repeal by Members of the Association
holding at least sixty-seven percent (67 %) of the Members. The approval of any such amendment or
repeal shall be evidenced by the certification by the Members to the Board of Directors of the Association
of the votes of Members. The amendment or repeal shall be effective upon the Recordation of a
certificate, executed by the President or a Vice President and the Secretary or an Assistant Secretary of
the Association setting forth the amendment or repeal in full and certifying that the amendment or repeal
has been approved by the Members. Any Amendment to the Declaration made hereunder shall be
effective only when Recorded. All amendments hereto shall be indexed in the Grantee's index in the name
of the Association and in the Grantor's index in the name of each Person executing the amendment.
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l l.3 Amendment of Articles and Bylaws. The Articles of Incorporation and Bylaws may be
amended in accordance with the provisions set forth in such instruments or, in the absence of such
provisions, in accordance with applicable provisions of the Colorado Nonprofit Corporation Act.
l l.4 Alternative Dispute Resolution. Except as may otherwise be provided herein and after
exercising all rights and remedies provided hereunder or under the Bylaws, any claim, controversy, or
dispute over any Special Assessment or Reimbursement Assessment, or any decision of the Design
Review Committee, or anv other matters as the Association and the affected party may agree, shall be
resolved by binding arbitration in accordance with the Colorado Arbitration Act. The parties to such
dispute shall agree upon a single arbitrator who shall be an experienced operator or manager of a Planned
Community. In the event the parties are unable to agree upon an arbitrator within sixty (60) days after
written notice, the presiding Judge of the District Court of the County shall appoint an arbitrator qualified
as set forth herein upon application by a party. Judgment upon the determination of the arbitrator shall be
entered by the District Court for the County. Any and all discovery conducted in conjunction with such
arbitration shall be in accordance with the limited discovery provisions of the Colorado Rules of Civil
Procedure.
ll.5 Special Rights of First Mortgagees. Any First Mortgagee (meaning a Mortgage with
first priority over other Mortgages) of a Mortgage encumbering any Lot in the Community Area, upon
filing a written request therefor with the Association, shall be entitled to (a) written notice from the
Association of any default by the Mortgagor of such Lot in the performance of the Mortgagor's
obligations under this Amended Declaration. the Articles of Incorporation, the Bylaws, or the Rules and
Regulations, which default is not cured within sixty (60) days after the Association learns of such default;
(b) examine the books and records of the Association during normal business hours; (c) receive a copy of
financial statements of the Association including any annual financial statement within ninety (90) days
following the end of any fiscal year of the Association; ( d) receive written notice of all meetings of
Members; (e) designate a representative to attend any meeting of Members; (f) receive thirty (30) days'
written notice prior to the effective date of any proposed material amendment to this Amended
Declaration, the Articles of Incorporation, or the Bylaws; and (g) receive immediate written notice as
soon as the Association receives notice or otherwise learns of any damage to the Association Properties if
the cost of reconstruction exceeds Ten Thousand Dollars ($ 10,000.00) and as soon as the Association
receives notice or otherwise learns of any condemnation or eminent domain proceedings or other
proposed acquisition with respect to any portion of the Association Properties.
11.6 Priority of First Mortgage Over Assessments. Except as may otherwise be provided by
the Act, each First Mortgagee of a Mortgage encumbering a Lot who obtains title to such Lot pursuant to
the remedies provided in the Mortgage, by judicial foreclosure, or by deed or assignment in lieu of
foreclosure shall take title to the Lot free and clear of any claims for unpaid Assessments or charges
against such Lot which accrued prior to the time such holder acquires title to such Lot. Nothing herein
relieves such First Mortgagee from responsibility for subsequent Assessments or charges against such Lot
after such time the holder acquires title to such Lot.
11. 7 First Mortgagee Right To Pay Taxes and Insurance Premiums. Any such First
Mortgagee or any such First Mortgagee, jointly or singly, shall be entitled to pay any taxes or other
charges which are in default and which may or have become a charge against any of the Association
Properties and may pay any overdue premiums on hazard insurance policies for any Association
Properties, and the First Mortgagees making such payments shall be entitled to immediate reimbursement
therefor from the Association.
11.8 Association Right to Mortgage Information. Each Owner hereby authorizes any First
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Mortgagee holding a Mortgage on such Owner's Lot to furnish information to the Association concerning
the status of such First Mortgage and the loan which it secures.
11.9 Golf Course Facilities. In no event shall the Country Club Property be deemed a portion
of the Community Area or the Association Properties, and no Owner or Member shall have any rights or
privileges in the Country Club Property, except for: (a) such limited ingress and egress rights as may be
expressly provided in the License Agreement; or (b) any membership or usage rights resulting from
voluntary membership by an Owner in any golf, or country club being operated on the Country Club
Property. Notwithstanding anything to the contrary contained herein, every Owner of a Lot within the
Community Area shall be permitted to become a member of any golf, or country club facilities ("Country
Club Facilities") being operated on the Country Club Property; provided, however, that such Owners shall
be subject to the same membership requirements, fees and dues structures and such other rules and
regulations as are applicable to other members of such Country Club Facilities. Accordingly, rights to use
any such Country Club Facilities shall be on such terms and conditions as may be promulgated from time
to time by the Country Club Owner. The Country Club Owner shall have the right, from time to time, in
its sole discretion and without notice, to amend or waive the terms and conditions of use of the Country
Club Facilities, specifically including, without limitation, the terms of and eligibility for use, privileges
available to use, the categories of membership, and the number of users permitted to use the Country Club
Facilities, and to reserve use rights for certain persons in the Country Club Facilities.
11.10 Damage Caused by Golf Course Facilities. Each Owner of a Lot within the Community
Area, hereby acknowledges that the existence of a golf course on the Country Club Property is highly
beneficial and desirable to the Community Area. However, each Owner. by its purchase of a Lot within
the Community Area, hereby acknowledges and agrees that portions of the Community Area located
adjacent to the Country Club Property, including Lots upon which dwelling units are located, are subject
to the risk of damage or injury related to the use and operation of the Country Club Property as a golf
course. In accordance with the foregoing, the Association and each Owner of a Lot within the Community
Area hereby releases Country Club Owner, its successors and assigns from and against any and all
liability, loss, damage, cost or expense arising from or related to the operation of a golf course on the
Country Club Property, including, but not limited to, any damage or injury caused by errant golf balls in,
on or around the Community Area. The Association and the Owners of Lots within the Community
further agree to indemnify and hold Country Club Owner, its successors and assigns, harmless from and
against any and all claims, actions, costs, expenses or liability arising from or related to the operation of a
golf course on the golf course property including, but not limited to, any damage or injury caused directly
or indirectly by golf balls flying, landing, hitting or resting in or around the Common Area or such
Owners' respective Lots. The obligation to indemnify, defend and hold harmless contained herein shall
pass with title to each portion of the Community Area, and once any Owner of a Lot within the
Community Area has conveyed title to such Lot, such obligation shall cease as to that Owner for all
subsequent occurrences and such obligation shall pass to the new owner.
11.11 Notices. Any notice permitted or required to be given under this Amended Declaration
shall be in writing and may be given either personally or by mail, e-mail, telephone, or telegraph. If
served by mail, each notice shall be sent postage prepaid, addressed to any Person at the address given by
such Person to the Association for the purpose of service of such notice, or to the Lot of such Person if no
address has been given to the Association and shall be deemed given, if not actually received earlier, at
5:00 p.m. on the second business day after it is deposited in a regular depository of the United States
Postal Service. Such address may be changed from time to time by notice in writing to the Association.
The Association shall provide notice of meetings by electronic mail to those Members who request such
and provide an e-mail address.
11.12 Persons Entitled To Enforce Declaration. The Association, acting by authority of the
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Board, and any Member of the Association entitled to vote (as more fully provided herein) shall have the
right to enforce any or all of the provisions, covenants, conditions, restrictions, and equitable servitudes
contained in this Amended Declaration against any property within the Community Area and the Owner
thereof. Notwithstanding the foregoing, prior to the enforcement of the terms and provisions of this
Amended Declaration by any Member, such Member shall provide the Association with 30 days prior
written notice of such Member's intention to do so. Such notice will state such Member's claim for
enforcement under the Amended Declaration. In the event the Association fails to initiate action on such
Member's claim for enforcement within 30 days of the Association's receipt of such notice, such Member
shall be entitled to proceed with the enforcement of such claim individually. The rights of enforcement
provided herein shall include the right to levy fines and/or penalties as the Board may reasonably
determine and/or bring an action for damages as well as an action to enjoin any violation of any provision
of this Amended Declaration.
11.13 Violations Constitute a Nuisance. Any violation of any provision, covenant, condition,
restriction, and equitable servitude contained in this Amended Declaration, whether by act or omission, is
hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for
negative or affirmative action, by any Person entitled to enforce the provisions of this Amended
Declaration.
11.14 Enforcement of Self-Help. The Association, or any authorized agent of either of them,
may enforce, by self-help, any of the provisions, covenants, conditions, restrictions, and equitable
servitudes contained in this Amended Declaration, provided such self-help is preceded by Notice and
Hearing as set forth in the Bylaws.
11.15 Violations of Law. Any violation of any federal, state, municipal, or local law,
ordinance, rule. or regulation, pertaining to the ownership, occupation, or use of any property within the
Community Area is hereby declared to be a violation of this Amended Declaration and shall be subject to
any and all enforcement procedures set forth in this Amended Declaration.
11.16 Remedies Cumulative. Each remedy provided under this Amended Declaration is
cumulative and not exclusive.
11.17 Costs and Attorneys' Fees. In any action or proceeding under this Amended
Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith
including reasonable attorneys' fees.
11.18 Limitation on Liability. The Association, the Board of Directors, the Design Review
Committee and any Member, agent, or employee of any of the same shall not be liable to any Person for
any action or for any failure to act ifthe action or failure to act was in good faith and without malice.
11.19 No Representations or Warranties. No representations or warranties of any kind,
express or implied, shall be deemed to have been given or made by the Association or its agents or
employees in connection with any portion of the Community Area, or any Improvement thereon, its or
their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in
connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation
thereof, unless and except as shall be specifically set forth in writing herein, in any purchase agreement
executed by the Association, or in any closing document related thereto.
11.20 Liberal Interpretation. The provisions of this Amended Declaration shall be liberally
construed as a whole to effectuate the purpose of this Amended Declaration.
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11.21 Governing Law. This Amended Declaration shall be construed and governed under the
laws of the State of Colorado.
11.22 Colorado Common Interest Ownership Act. In the event that any of the terms and
conditions of this Amended Declaration are in conflict or inconsistent with the terms and conditions of the
Colorado Common Interest Ownership Act, the terms and conditions of the Act shall control. All terms
and provisions contained herein, to the extent possible, shall be construed in accordance with the terms
and provisions of the Act.
11.23 Severability. Each of the provisions of this Amended Declaration shall be deemed
independent and severable, and the invalidity or unenforceability or partial validity or partial
enforceability of the provisions or portion thereof shall not affect the validity or enforceability of any
other provision.
11.24 Number and Gender. Unless the context requires a contrary construction, the singular
shall include the plural and the plural the singular, and the masculine, feminine, or neuter genders shall
each include the masculine, feminine, and neuter genders.
11.25 Captions for Convenience. The titles, headings, and captions used in this Amended
Declaration are intended solely for convenience of reference and shall not be considered in construing any
of the provisions of this Amended Declaration.
t 1.26 Mergers or Consolidations. Upon a merger or consolidation of the Association with
another association, its properties, rights, and obligations may, by operation of law, be transferred to
another surviving or consolidated association or, alternatively, the properties, rights, and obligations of
another association may, by operation of law, be added to the properties, rights and obligations of the
Association as a surviving corporation pursuant to a merger. The surviving consolidated association may
administer and enforce the covenants, conditions, and restrictions established by this Amended
Declaration governing the Property, together with the covenants and restrictions established upon any
other property, as one plan.
11.27 Disclaimer Regarding Safety. THE ASSOCIATION HEREBY DISCLAIMS ANY
OBLIGATION REGARDING THE SECURITY OF ANY PERSONS OR PROPERTY WITHIN THE
COMMUNITY AREA. ANY OWNER OF PROPERTY WITHIN THE COMMUNITY AREA
ACKNOWLEDGES THAT THE ASSOCIATION IS ONLY OBLIGATED TO DO THOSE ACTS
SPECIFICALLY ENUMERATED HEREIN, OR IN THE ARTICLES OF INCORPORATION AND
BYLAWS, ANO IS NOT OBLIGATED TO DO ANY OTHER ACTS WITH RESPECT TO THE
SAFETY OR PROTECTION OF PERSONS OR PROPERTY WITHIN THE COMMUNITY AREA
11.28 Notice to Buyers. Every Seller of a Lot in Aspen Glen shall notify the Buyer that Aspen
Glen is a common interest community and shall, at the Seller's expense at the earlier of (i) ten (10) days
prior to closing; or (ii) the title deadline, mail or deliver to Buyer: (i) the Bylaws and Rules of the
Association; (ii) the Amended Declaration; (iii) Party Wall Agreements, if any; (iv) minutes of the most
recent annual homeowners meeting; (v) minutes of Board meetings within the last six (6) months; (vi) the
Association's operating budget; (vii) the Association's annual income and expenditures statement; and
(viii) the Association's annual balance sheet. The Seller shall be required to obtain from Buyer a signed
acknowledgement and to deliver a copy of such to the Association in substantially the form as attached
hereto as Exhibit "A".
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IN WITNESS WHEREOF, the Homeowners Association has executed this Amended Declaration
the day and year first above written.
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD)
THE ASPEN GLEN HOMEOWNERS ASSOCIATION,
a Colorado non-ofit corporation
II ~e foregoing instrument was acknowledged before me this I q day of rri.K k.2007, by
EJ\1·s H\\ urc\, c Tl'._ as President of The Aspen Glen Homeowners Association, a Colorado non-
profit corporation.
WITNESS my hand and official seal.
My commission expires '(', .. 5 1-\ l_',
Notary Public
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EXHIBIT "A"
ACKNOWLEDGEMENT
THE BUYER HEREBY ACKNOWLEDGES THAT THE BUYER HAS RECEIVED COPIES OF THE
AMENDED DECLARATION, COVENANTS, CONDITIONS AND RESTRICTIONS, AMENDED
BYLAWS, AND RULES AND REGULATIONS OF THE ASPEN GLEN COMMUNITY ASSOCIATION
AND THE BUYER UNDERSTANDS THAT THESE DOCUMENTS CONSTITUTE AN AGREEMENT
BETWEEN THE ASSOCIATION AND THE BUYER. BY SIGNING THIS STATEMENT, THE BUYER
ACKNOWLEDGES THAT THE BUYER HAS READ AND UNDERSTANDS THE ASSOCIATION'S
AMENDED DECLARATION, COVENANTS, CONDITIONS AND RESTRICTIONS, AMENDED
BYLAWS, AND RULES AND REGULATIONS. THE BUYER ALSO UNDERSTANDS THAT BY
COMPLETING THIS PURCHASE, THE BUYER IS RESPONSIBLE FOR PAYING ASSESSMENTS TO
THE ASSOCIATION. IF THE BUYER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION
COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO COLLECT THE DEBT.
THE BUYER ALSO UNDERSTANDS THAT ANY CHANGE TO THE EXTERIOR OF THE PROPERTY
MAY BE SUBJECT TO ARCHITECTURAL REVIEW AND APPROVAL. FAILURE TO SECURE SUCH
REVIEW AND APPROVAL COULD BE A VIOLATION OF THE AMENDED DECLARATION AND
COULD RESULT IN REMEDIAL ACTION BEING TAKEN BY THE ASSOCIATION.
IN WITNESS WHEREOF, the Buyer has executed this Acknowledgement as of the date set forth beneath
their signature.
Printed Name
Dated: ___________ _
ALT-Misc-AspenGlenCCRs
46
--···-------
..
(.
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Reception~: 719513 03/23/2007 04 46:55 PM 8:1905 P:0577 Jean l=llberico 1 of 30 Rec Fee $151 00 Doc Fee:0 00 GARFIELD COUNTY CO
AMENDED BYLAWS
OF
THE HOMEOWNERS ASSOCIATION
AT ASPEN GLEN
1111 ~ .. ~~ '''" Mil ,Dlill,~1~ ~~Noli M-'it l'tl'Mli 11111 Reception~: 719513 . 03/23/2007 04:46:55 PM B 1905 P:0578 Jean Rlber1co 2 of 30 Rec Fee:$151.00 Doc Fee:0 00 GARFIE~D COUNTY CO
AMENDED BYLAWS
OF
THE HOMEOWNERS ASSOCIATION AT ASPEN GLEN
Table of Contents
1. GENERAL ..................................................... . ·················································· ... 1
1.1
1.2
1.3
Purpose ofBylaws ...................................................................... .
Terms Defined in the Declaration ................................................. .
Controlling Laws and Instruments ............................................... ..
. . 1
. .. 1
. ......... 1
2. OFFICES.. . . . . . . . . .. . ..... ..... .. .. .. .. . ..... ..... . . ...... . .. " 1
2.1 Principal Office....................... ............ .. ..................................... 1
2.2 Registered Office and Agent ... . . . . . .. 1
3. MEMBERS................ ... ............. ............. .. ......................................... 2
3.1 Members....... ............ ............ ............. ......................... ............ ................. .. ....... 2
3 .2 Memberships Appurtenant to Lots......... . ....................................................... 2
3.3 Voting Rights ofMembers ................................................................................ 2
3 .4 Voting by Joint Owners .............................................................................................. 2
3.5 Resolution of Voting Disputes................. ...... .. ........... . ... 2
3.6 Suspension of Voting Rights .................................................................................. 2
3. 7 Determination of Member Voting Percentage........ . . .. . . .. .. .. .. .. .. .. . .. ............ 2
3.8
3.9
Transfer of Memberships on Association Books ....................................................... 3
Assignment of Voting Rights to Tenants and Mortgagees ........................ . .. 3
4. MEETINGS OF MEMBERS.... ........................ .................. .. ...................... . . ..... 3
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
Place of Members' Meetings .......... .. ····················· ················· .... 3
Annual Meetings of Members ........................................................... . .... 3
... 3
.... 3
Special Meetings of Members .. ..
Record Date ........................... ..
Notice of Members' Meetings ....................... .. ............ ············ ........... 4
Proxies ........................................................................................................... . . "4
. .. .4 Quorum at Members' Meetings ........... .
Adjournments of Members' Meetings ................................................... .. ......... . ... 5
4. 9 Vote Required at Members' Meetings .. .. . . .. .. .. .. . . . .. . .. .. . .. ..... . . ... 5
4 .10 Order of Business ...................................................................... . . ........ 5
4.11 Ch. fM . atrman o eetmgs ................................ .. . .. 5
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4 .12 Expenses of Meetings ................................................................................................. 5
4.13 Waiver of Notice .. .. ........... .. . .................................................................. 5
4.14 Action of Members Without a Meeting ................................................................... 6
5. BOARD OF DIRECTORS ...................... . ........ 6
. .... 6 5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
General Powers and Duties of Board ......................................................... .
Special Powers and Duties of Board ......................................................................... 6
(a) Assessments ..................................................................................................... 6
(b) Taxes ........................... . ......................... 6
(c) lm11rance..................... .... .. . . . . . . . .. .. .. .. . . . . . . . .. .. . . . ... 6
( d) Association Property .. . . .. . . . . . . . . . . . . .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. . . .. .. .. . .. . .. 6
(e) Agents and Employees............................... .. .... ......................... .. .. 7
(/) Borrowing . . . .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . .. .. .. . . .. . . .. . . . . .. .. .. . . . .. .. . . . . . . .. . . . . . . . . . . . . .. 7
(g) Enforcement .. .... ... .... .. ... ... . . .... .. . .. .. .. .. .. . . .. .. .. .. .. . .. .. .. . .. .. . . . . ... . . . .. 7
(h) Delegation uj Powers .................................................................................. . ..7
(i) Easements ........................................................................................ . ... 7
(j) Rules and Regulations ................ .. . ................................................. 7
(k) Annexations ..... ..7
Qualifications of Directors..................... .. .. .. .. .. .. .. .. .. .. . . .......................... 7
Number of Directors............. . . . .. . .. .. .. . . . . . .. . .. . .. . . .. .. .. .. .. . . . .. .. .. .. . . . . .. .. .. . . . ................ 8
Appointment, Election and Term of Office ................................................................. 8
Removal of Directors ...................................................... . ·························· .... 8
Resignation of Directors ............................................................................................. 8
Vacancies in Directors ......................................... . ... 8
5. 9 Executive Committee .. .. .. .. .. . . .. . . . . .. .. . . . . . . . . .. . . .. . . .. .. .. .. .. .. . . . . . . .. . ................................ 8
5 .10 Other Committees of Association .. .. .. .. .. .. .. .. . . . . . . . .. . .. .. . . .. .. .. .. .. . . .. . . . .. .. .. .. .. . . 8
5.11
5.12
General Provisions Applicable to Committees ..
Maintenance of Fidelity Insurance ................................................................ .
.. 9
.... 9
6. MEETINGS OF DIRECTORS........ .. ... . . . ..... .......... . ... 9
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
Place of Directors' Meetings .. .. .. .. . . . . . . .. .. .. .. .. .. .. . . ................. .
Annual Meeting of Directors... . ................ .
.... 9
.... 9
Other Regular Meetings of Directors . . .. . . . . . . .. .. .. .. .. . . . . . .. . . .. .. .. .. . . . . .. .. .. .. .. . . . . .. .. . . . . . 10
Special Meetings of Directors ...
Notice of Directors' Meetings ..
Proxies ................................................................................................... .
Quorum of Directors ................................................................ .
Adjournment of Directors' Meetings .......................................... .
Vote Required at Directors' Meeting ................................... ..
II
... 10
.. 10
. ... 10
.... 10
.. 10
.. 11
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6.10
6.11
6.12
6.13
Order of Business ................... . . . .................................................................... 11
Officers at Meetings . . . . ... . .. . . . . . .................................... .
Waiver of Notice .......................................................................................... .
Action of Directors Without a Meeting ..
... 11
. 11
. . 11
7. OFFICERS .. . ................. . .. 11
. . 11
11
... 11
. 12
... 12
.... 12
7.1 Officers, Employees and Agents .................. .
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
Appointment and Term of Officers ...... .
Removal of Officers ......................... .
Resignation of Officers ....................... .
Vacancies in Officers .......................... .
President .............................. .
Vice President ............................................... .
Secretary .................................. .
Treasurer ..
. ........................................... 12
············ ······················· .12
.. 12
8. INDEMNIFICATION OF OFFICIALS AND AGENTS ...... . ························· ··············· .13
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
8.10
8.11
8.12
8.13
8.14
Certain Definitions .................................................................................................. 13
Right of Indemnification ................................................................... . . .......... 13
(a) Standards of Conduct . . .. . . . . . . . . . . ... .. . .. . .. .. . .. . . . . . . .. . .. . .. . ... . . .......... 13
(b) Settlement ............................................................................................................ 13
Indemnification Prohibited .... . ·································· ............................ 13
Prior Authorization Required .......................................... .
Success on Merits or Otherwise .................................... .
Advancement of Expenses ........ .
Payment Procedures ............................................................ .
.... 14
... 14
.......... 14
...... 14
Notification to Members......... . . . . .. . . . . .. . .. . .. . . . . . . .. . . . . . . . . .. ... . . .. . . . .. . . . . .. . . . . . . . . .... 15
Authority to Insure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 15
Right to Impose Conditions to Indemnification ............ . ············· ··············· ... 15
Other Rights and Remedies . . . . . . . . . . . . . . . . . . ....... . ·························· ··············· ... 15
Applicability; Effect. . . . . . .. . .. . ... . . . .. . . . ............ . ······························· ........... 15
Indemnification of Agents ..... . ························· ············ ··········· .................... 16
Savings Clause; Limitation ....................................... . ...... 16
9. MISCELLANEOUS........... ............ ... .. ..... ... ........ ......... ......... . .. . . ... 16
9.1
9.2
9.3
9.4
Amendment of Bylaws ......................................................... . ··············· ........... 16
Compensation of Officers, Directors and Members ......................................... . .... 16
Books and Records.............. . .................................. . ... 16
Annual Report ......................................................................................................... 17
111
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9.5
9.6
9.7
9.8
Statement of Account ............................................................................................. 17
Annual Corporate Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... 17
Fiscal Year .. . ...................................... ················ .. 17
Seal ................. . ································· ............................................................ 18
9.9 Shares of Stock and Dividends Prohibited ................................................................. 18
9.10 Loans to Directors and Officers Prohibited ........................................................... 18
9.11 Limited Liability ....................................................................................................... 18
9 .12 Special Rights of First Mortgagees . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .................. 18
9.13
9.14
Minutes and Presumptions Thereunder ............................................................ .
Checks, Drafts and Documents........... . ..................... .
9.15 Execution of Documents ......... .
.19
.19
....... 19
10. NOTICE AND HEARING PROCEDURE ······················ ....... 19
10.1
10.2
10.3
10.4
10.5
Association's Enforcement Rights................ . ........................................ . . .. 19
Written Complaint .................................................................................................. 20
Notice of Complaint and Notice ofDefense............................................. .. . .......... 20
Tribunal ................................................................................................................. 21
Notice of Hearing ...................................... . .................................. ·············· .21
10.6 Hearing .................................................................................................................... 21
I 0. 7 Decision . . . . .................................................................... 22
CERTIFICATE OF SECRETARY ........................................................................................ 24
IV
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6 1Jf 30 Rec Fee:$151.00 Doc Fee:O.CO GRRFIELD COUNTY CO
AMENDED BYLAWS
OF
THE HOMEOWNERS ASSOCIATION AT ASPEN GLEN
t. GENERAL.
1.1 Purpose of Bylaws. These Amended Bylaws are adopted for the
regulation and management of the affairs of The Homeowners Association at Aspen
Glen ("Association"). The Association has been organized as a Colorado
corporation under the Colorado Nonprofit Corporation Act and constitutes the
Association under the Amended Declaration of Covenants, Conditions and
Restrictions for Aspen Glen ("Declaration"). The original Declaration was executed
by Aspen Glen Golf Company, a Colorado Limited Partnership ("Developer"). The
Amended Declaration relates to real property in the County of Garfield, Colorado,
which becomes subject to the Amended Declaration ("Community Area").
t.2 Terms Defined in the Declaration. Terms used in these Amended
Bylaws which are defined in the Amended Declaration shall have the same meaning and
definition as in the Amended Declaration.
1.3 Controlling Laws and Instruments. These Amended Bylaws are
controlled by and shall always be consistent with the provisions of the Colorado
Nonprofit Corporation Act, the Colorado Common Interest Ownership Act, as
modified by the Colorado Homeowners Protection Act of 2005, the Amended
Declaration and the Articles of Incorporation of the Association filed with the
Secretary of State of Colorado, as any of the foregoing may be amended from time
to time.
2. OFFICES
2.1 Principal Office. The principal office of the corporation shall be
located at Gate House 0080 Bald Eagle Way, Carbondale, Colorado, 81623. The
Board of Directors, in its discretion, may fix and may change, from time to time, the
location of the principal office of the Association.
2.2 Registered Office and Agent. The Colorado Nonprofit Corporation
Act requires that the Association have and continuously maintain in the State of
Colorado a registered office and a registered agent whose business office is identical
with such registered office. The registered office need not be the same as the
principal office of the Association. The initial registered office and the initial
registered agent are specified in the Articles of Incorporation of the Association but
may be changed by the Association at any time, without amendment to the Articles
of Incorporation, by filing a statement as specified by law in the Office of the
Secretary of State of Colorado.
1111 Mi°• ~:ii 11,,~ l\IJl.11111111.1~.l'llll. ~~Wit lltJ(MI~ 11111
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3. MEMBERS
3.1 Members. A "Member," as defined in the Amended Declaration, is a
Person, or if more than one, all Persons collectively, who constitutes the Owner of a
Lot
3.2 Memberships Appurtenant to Lots. Each Membership shall be
appurtenant to the fee simple title to a Lot. The Person or Persons who constitute the
Owner of fee simple title to a Lot shall automatically be the holder of the
Membership appurtenant to that Lot and the Membership shall automatically pass
with fee simple title to the Lot.
3.3 Voting Rights of Members. Each Member shall have the right to
cast one vote for each Lot owned by such Member.
3.4 Voting by Joint Owners. If there is more than one person who
constitutes the Owner of a Lot, each such Person shall be entitled to attend any
meeting of Members, but the voting power attributable to the Lot shall not be
increased. In all cases in which more than one Person constitutes the Owner of a
Lot, including instances in which a Lot is owned by a husband and wife. then,
unless written notice to the contrary, signed by any one of such Persons, is given to
the Board of Directors of the Association prior to the meeting, only one such Person
shall be entitled to cast, in person or by proxy, the vote attributable to the Lot. If,
however, more than one Person constituting such Owner attends a meeting in person
or by proxy, then such Persons shall designate one Person to vote on behalf of such
Owner, and the vote of such person shall be the vote attributable to such Lot.
3.5 Resolution of Voting Disputes. ln the event of any dispute as to the
entitlement of any Member to vote or as to the results of any vote of Members, the
Board of Directors of the Association shall act as arbitrators and the decision of a
disinterested majority of the Board of Directors shall, when rendered in writing, be
final and binding as an arbitration award and may be acted upon in accordance with
the Colorado Uniform Arbitration Act of 1975, as the same may be amended. No
dispute as to the entitlement of any Member to vote shall postpone or delay any vote
for which a meeting of Members has been duly called pursuant to the provisions of
these Amended Bylaws and a quorum is present.
3.6 Suspension of Voting Rights. The Board of Directors may suspend,
after Notice and Hearing, the voting rights of a Member during any period of breach
by such Member of any provision of the Amended Declaration or of any Rule or
Regulation adopted by the Association including, but not limited to, the failure to
pay any assessment pursuant to the Amended Declaration and for a period of up to
10 days following the cure of any such breach by such Member; provided, however,
such Notice and Hearing shall not be required where a Member has failed to pay any
assessment levied in accordance with the provisions of the Amended Declaration.
3.7 Determination of Member Voting Percentage. Notwithstanding
anything to the contrary contained herein, only Members whose voting rights are in
2
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good standing (e.g., voting rights which have not been suspended as provided
herein) shall be entitled to vote on Association matters. In accordance therewith, any
and all provisions contained herein requiring the approval of a requisite percentage
of Members of the Association shall be deemed satisfied when the requisite
percentage of Members entitled to vote has been met.
3.8 Transfer of Memberships on Association Books. Transfers of
Memberships shall be made on the books of the Association only upon presentation
of evidence, satisfactory to the Association, of the transfer of ownership of the Lot
to which the Membership is appurtenant. Prior to presentation of such evidence, the
Association may treat the previous owner of the Membership as the owner of the
Membership entitled to all rights in connection therewith, including the rights to
vote and to receive notice.
3.9 Assignment of Voting Rights to Tenants and Mortgagees. A
Member may assign his right to vote to a tenant occupying his Lot or to a
Mortgagee of his Lot for the term of the lease or the Mortgage and any sale, transfer
or conveyance of the Lot shall, unless otherwise provided in the document of sale,
transfer or conveyance, be subject to any such assignment of voting rights to any
tenant or Mortgagee. Any such assignment of voting rights and any revocation or
termination of any assignment of voting rights shall be in writing and shall be filed
with the Secretary of the Association.
4. MEETINGS OF MEMBERS.
4.1 Place of Members' Meetings. Meetings of Members shall be held at
the principal office of the Association or at such other place, within or convenient to
the Community Area, as may be fixed by the Board of Directors and specified in the
notice of the meeting.
4.2 Annual Meetings of Members. Annual meetings of the Members
shall be held in December of each year beginning in 1995 on such day and at such
time of day as is fixed by the Board of Directors and specified in the notice of
meeting. The annual meetings shall be held to transact such business as may
properly come before the meeting.
4.3 Special Meetings of Members. Special meetings of the Members
may be called by the President of the Board of Directors of the Association or by a
majority of the Board of Directors or by Members holding not less than 20 % of the
total votes of all Members entitled to vote. No business shall be transacted at a
special meeting of Members except as indicated in the notice thereof.
4.4 Record Date. For the purpose of determining Members entitled to
notice of, or to vote at, any meeting of Members or in order to make a determination
of such Members for any other proper purpose, the Board of Directors of the
Association may fix, in advance, a date as the record date for any such
determination of Members. The record date shall be not more than 50 days prior to
3
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the meeting of Members or the event requiring a determination of Members.
4.5 Notice of Members' Meetings. Written notice stating the place, day
and hour of any meeting shall be delivered not less than 10 nor more than 50 days
before the date of the meeting, either personally, by e-mail or by mail, by or at the
direction of the President or the Secretary of the Association or the officers or
persons calling the meeting, to each Member entitled to vote at such meeting. The
notice of an annual meeting shall identify any matter which it is known may come
before the meeting including, but not limited to, the general nature of any proposed
amendment to the Amended Declaration or Amended Bylaws, any Budget changes
and any proposal to remove an officer or member of the Board of Directors. The
notice of a special meeting shall state the purpose or purposes for which the meeting
is called. If mailed, such notice shall be deemed to be delivered when deposited in
the United States mail addressed to the Member at his address as it appears on the
records of the Association, with postage thereon prepaid. Such notice may be posted
in a conspicuous place in the Community Area, such as on a notice board outside
the principal office of the Association, and such notice shall be deemed to be
delivered to any Member upon such posting if such Member has not furnished an
address for mailing of notice to the Association. The Association shall provide
notice of meetings by electronic mail to those Members who request such and
provide an e-mail address.
4.6 Proxies. A Member entitled to vote may vote in person or by proxy
executed in writing by the Member or his duly authorized attorney-in-fact and filed
with the Chairman of the meeting prior to the time the proxy is exercised. Any
proxy may be revocable by attendance of a Member in person at a meeting or by
revocation in writing filed with the Chairman of the meeting prior to the time the
proxy is exercised. A proxy may be duly filed with the Chairman of the meeting
either in writing by mail or delivery or by electronic facsimile (FAX). A proxy shal 1
automatically cease upon the conveyance by a Member of the Lot of the Member
and the transfer of the Membership on the books of the Association. No proxy shall
be valid; (a) 60 days after the date of its execution unless otherwise provided in the
proxy; and in any event, for no more than 11 months after the date of its execution;
(b) unless the proxy contains the signatures of the Members entitled to vote such
interest; and (c) the proxy states the specific purpose and the specific meeting for
which it was granted. Any form of proxy furnished or solicited by the Association
and any form of written ballot furnished by the Association shall afford an
opportunity thereon for Members to specify a choice between approval and
disapproval of each matter or group of related matters which is known at the time
the form of proxy or written ballot is prepared, may come before the meeting and
shall provide, subject to reasonably specified conditions, that if a Member specifies
a choice with respect to any such matter, the vote shall be cast in accordance
therewith.
4.7 Quorum at Members' Meetings. Except as may be otherwise
provided in the Amended Declaration, the Articles of Incorporation or these
Amended Bylaws, and except as hereinafter provided with respect to the calling of
4
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another meeting, the presence, in person or by proxy, of Members entitled to cast at
least ten percent ( 10%) of the votes of all Members entitled to vote shall constitute a
quorum at any meeting of such Members. Members present in person or by proxy at
a duly organized meeting may continue to transact business until adjournment,
notwithstanding the withdrawal of Members so as to leave Jess than a quorum. If the
required quorum is not present in person or by proxy at any such meeting of
Members, another meeting may be called, subject to the notice requirements
hereinabove specified, and the presence, in person or by proxy, of Members entitled
to cast at least five percent (5%) of the votes of all Members, shall, except as may be
otherwise provided in the Amended Declaration, the Articles of Incorporation or
these Amended Bylaws, constitute a quorum at such meeting.
4.8 Adjournments of Members' Meetings. Members present in person
or by proxy at any meeting may adjourn the meeting from time to time, whether or
not a quorum shall be present in person or by proxy, without notice other than
announcement at the meeting, for a total period or periods of not to exceed 30 days
after the date set for the original meeting. At any adjourned meeting which is held
without notice other than announcement at the meeting, the quorum requirement
shall not be reduced or changed, but if the originally required quorum is present in
person or by proxy, any business may be transacted which might have been
transacted at the meeting as originally called.
4.9 Vote Required at Members' Meetings. At any meeting, ifa quorum
is present, a majority of the votes present in person or by proxy and entitled to be
cast on a matter shall be necessary for the adoption of the matter, unless a greater
proportion is required by law, the Amended Declaration, the Articles of
Incorporation or these Amended Bylaws.
4.10 Order of Business. The order of business at any meeting of
Members shall be as follows: (a) roll call to determine the voting power represented
at the meeting; (b) proof of notice of meeting or waiver of notice; ( c) reading of
minutes of preceding meeting; and ( d) the conducting of the business for which the
meeting was called.
4.11 Chairman of Meetings. At any meeting, the Members present shall
select a Chairman and Secretary of the meeting.
4.12 Expenses of Meetings. The Association shall bear the expenses of
all annual meetings ofMembers and of special meetings of Members.
4.13 Waiver of Notice. A waiver of notice of any meeting of Members
signed by a Member, whether before or after the meeting, shall be equivalent to th~
giving of notice of the meeting to such Member. Attendance of a Member at a
meeting, either in person or by proxy, shall constitute waiver of notice of such
meeting except when the Member attends for the express purpose of objecting to the
transaction of business because the meeting is not lawfully called or convened.
5
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4.14 Action of Members Without a Meeting. Any action required to be
taken or which may be taken at a meeting of Members may be taken without a
meeting if a consent, in writing, setting forth the action so taken, shall be signed by
all of the Members entitled to vote with respect to the subject matter thereof
5. BOARD OF DIRECTORS.
5.1 General Powers and Duties of Board. The Board of Directors shall
have the duty to manage and supervise the affairs of the Association and shall have
all powers necessary or desirable to permit it to do so. Without limiting the
generality of the foregoing, the Board of Directors shall have the power to exercise
or cause to be exercised for the Association, all of the powers, rights and authority
of the Association, not reserved to Members, and provided in the Amended
Declaration, the Articles of Incorporation, these Amended Bylaws, the Colorado
Nonprofit Corporation Act or the Colorado Common Interest Ownership Act, as
modified by the Colorado Homeowners Protection Act of 2005.
5.2 Special Powers and Duties of Board. Without limiting the
foregoing statement or general powers and duties of the Board of Directors or the
powers and duties of the Board of Directors as set forth in the Amended
Declaration, the Board of Directors of the Association shall be vested with and
responsible for the following specific powers and duties:
(a) Assessments. The duty to fix and levy from time to time as it
deems necessary Common Assessments, Special Assessments, and Reimbursement
Assessments upon the Members of the Association as provided in the Amended
Declaration; to determine and fix the due date for the payment of such Assessments
and the date upon which the same shall become delinquent; and to enforce the
payment of such delinquent assessments as provided in the Amended Declaration.
(b) Taxes. The duty to pay all taxes and assessments levied upon
the Association Properties and all taxes and assessments payable by the Association.
The Board of Directors shall also have the power to contest any such taxes or
assessments in accordance with the provisions contained in the Amended
Declaration.
(c) Insurance. The duty to contract and pay premiums for fire
and casualty and blanket liability and other insurance in accordance with the
provisions of the Amended Declaration.
(d) Association Property. The duty and power to contract for and
pay bills for maintenance, legal service, accounting service, gardening, common
utilities and other materials, supplies and services relating to the Association
Properties, tracts adjacent to the Association Properties and perimeter fencing
located along the boundaries of the Community Area, and to employ personnel
necessary for the care and operation of the Association Properties and tracts
adjacent to the Association Properties and to contract and pay for necessary
6
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Improvements on the Association Properties.
(e) Agents and Employees. The power to select, appoint. and
remove all officers, agents, and employees of the Association and to prescribe such
powers and duties for them as may be consistent with law, with the Articles of
Incorporation, the Amended Declaration and these Amended Bylaws: and to fix
their compensation and to require from them security for faithful service as deemed
advisable by the Board.
(j) Bo"owing. The power, with the approval of Members
representing at least sixty-seven percent (67%) of the voting power of the
Association (exclusive of the voting power of those Members not entitled to cast
votes), to borrow money and to incur indebtedness for the purposes of the
Association, and to cause to be executed and delivered therefor, in the Association's
name, promissory notes, bonds, debentures, mortgages, pledges, hypothecations or
other evidences of debt and securities therefor.
(g) En/ orcement The power to enforce the provisions of the
Amended Declaration, the Rules and Regulations, these Amended Bylaws or other
agreements of the Association.
(h) Delegation of Powers. The power to delegate its powers
according to law.
(i) Easements. The power to grant easements where necessary
for utilities and other facilities over the Association Properties to serve the
Community Area as set forth in the Declaration and to grant and convey such other
easements as the Board of Directors deems prudent including, but not limited to,
easements which benefit property located outside the Community Area.
(j) Rules and Regulations. The power to adopt such Rules and
Regulations and policies as the Board may deem necessary for the management of
the Community Area. Such Rules and Regulations and policies may concern,
without limitation, use of the Association Properties; signs; parking restrictions; pet
control; fishing policy; collection and disposal of refuse; minimum standards of
property maintenance consistent with the Amended Declaration and the provisions
of the Design Review Committee; and any other matters within the jurisdiction of
the Association as provided in the Amended Declaration; provided, however, that
such Rules and Regulations and policies shall be enforceable only to the extent that
they are consistent with the Amended Declaration, the Articles and these Amended
Bylaws.
(k) Annexations. The power to annex additional real property to
the Community Area as more fully provided in the Amended Declaration.
5.3 Qualifications of Directors. A Director may be any natural person
and need not be an Owner of a Lot within the Community Area; provided, however,
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that at least a majority of the Directors shall be Owners or designated
representatives of Owners. A Director may be reelected and there shall be no limit
on the number of terms a Director may serve.
5.4 Number of Directors. The initial number of Directors of the
Association was three. The number of Directors has been increased to five, in
accordance with the original Declaration.
5.5 Appointment, Election and Term of Office. The five (5) Directors
shall be elected as follows: Directors shall be elected by the Members, including
Developer, if Developer is the owner of any Lot in the Community Area. Three (3)
Directors shall be elected for a term of two (2) years, and two (2) Directors shall be
elected for a term of one ( 1) year. At the expiration of the initial term of office of
each member of the Board of Directors and at each annual meeting thereafter, a
successor shall be elected to serve for a term of two (2) years.
5.6 Removal of Directors. Except as set forth in Section 5.5, at any
meeting of Members, the notice of which indicates such purpose, any Director may
be removed, with or without cause, by vote of sixty-seven percent ( 67%) of the
Members of the Association entitled to vote and a successor may be then and there
elected to fill the vacancy thus created
5. 7 Resignation of Directors. Any Director may resign at any time by
giving written notice to the President, to the Secretary or to the Board of Directors
stating the effective date of such resignation. Acceptance of such resignation shall
not be necessary to make the resignation effective.
5.8 Vacancies in Directors. Any vacancy occurring in the Board of
Directors shall, unless filled in accordance with Sections 5.5 and 5.6 or by election
at a special meeting of Members, be filled by the affirmative vote of a majority of
the remaining Directors, though less than a quorum of the Board of Directors. A
Director elected or appointed to fill a vacancy shall be elected or appointed for the
unexpired term of his predecessor in office.
5.9 Executive Committee. The Board of Directors, by resolution
adopted by a majority of the Directors in office, may designate and appoint an
Executive Committee, which shall consist of three or more Directors and which,
unless otherwise provided in such resolution, shall have and exercise all the
authority of the Board of Directors except authority with respect to the matters
specified in the Colorado Nonprofit Corporation Act and the Colorado Common
Interest Ownership Act as matters which such committee may not have and exercise
the authority of the Board of Directors.
5.10 Other Committees of Association. The Board of Directors, by
resolution adopted by a majority of the Directors in office, may designate and
appoint one or more other committees, which may consist of or include Members
who are not Directors. Any such committee shall have and exercise such authority
8
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as shall be specified in the resolution creating such committee except such authority
as can only be exercised by the Board of Directors.
5.11 General Provisions Applicable to Committees. The designation
and appointment of any committee and the delegation thereto of authority shall not
operate to relieve the Board of Directors, or any individual Director, of any
responsibility imposed upon it or him by law. The provisions of these Amended
Bylaws with respect to notice of meeting, waiver of notice, quorums, adjournments,
vote required and action by consent applicable to meetings of Directors shall be
applicable to meetings of committees of the Board of Directors.
5.12 Maintenance of Fidelity Insurance. In the event that the Board of
Directors delegates its powers with respect to collection, deposit, transfer, or
disbursement of Association funds to other persons or to a managing agent, as
authorized by these Amended Bylaws and the Colorado Common Interest
Ownership Act, then in connection with such delegation of powers, the Board of
Directors shall require
a. That the other persons or managing agent maintain fidelity
insurance coverage or a bond in an amount not less than $50, 000 or such higher
amount as the Board of Directors or Executive Committee may require;
b. That the other persons or managing agent maintain all funds
m accounts of the Association separate from the funds and accounts of other
associations managed by the other persons or managing agent and maintain all
reserve accounts of each association so managed separate from operational accounts
of the Association; and
c. That an annual accounting for Association funds and a
financial statement be prepared and presented to the Association by the managing
agent, a public accountant, or a certified public accountant.
6. MEETINGS OF DIRECTORS.
6.1 Place of Directors' Meetings. Meetings of the Board of Directors
shall be held at the principal office of the Association or at such other place within
or convenient to the Community Area, as may be fixed by the Board of Directors
and specified in the notice of the meeting.
6.2 Annual Meeting of Directors. Annual meetings of the Board of
Directors shall be held on the same date as, or within I 0 days following, the annual
meeting of Members. The business to be conducted at the annual meeting of
Directors shall consist of the appointment of officers of the Association and the
transaction of such other business as may properly come before the meeting. No
prior notice of the annual meeting of the Board of Directors shall be necessary if the
9
meeting is held on the same day and at the same place as the annual meeting of
Members at which the Board of Directors is elected or if the time and place of the
annual meeting of the Board of Directors is announced at the annual meeting of
such Members.
6.3 Other Regular Meetings of Directors. The Board of Directors shall
hold regular meetings at least quarterly and may, by resolution, establish in advance
the times and places for such regular meetings. No prior notice of any regular
meetings need be given after establishment of the times and places thereof by such
resolution.
6.4 Special Meetings of Directors. Special meetings of the Board or
Directors may be called by the President or any two members of the Board of
Directors.
6.5 Notice of Directors' Meetings. ln the case of all meetings of
Directors for which notice is required, notice stating the place, day and hour of the
meeting shall be delivered not less than three or more than 50 days before the date
of the meeting, by mail, e-mail, telegraph, telephone or personally, by or at the
direction of the persons calling the meeting, to each member of the Board of
Directors. If mailed, such notice shall be deemed to be delivered at 5:00 p.m. on the
second business day after it is deposited in the mail addressed to the Director at his
home or business address as either appears on the records of the Association, with
postage thereon prepaid. lf emailed or telegraphed, such notice shall be deemed
delivered at 5:00 p.m. on the next calendar day after it is emailed or deposited in a
telegraph office addressed to the Director at his home or business address, with all
charges thereon prepaid or at his electronic mail address, as the case may be. If by
telephone, such notice shall be deemed to be delivered when given by telephone to
the Director or to any person answering the phone who sounds competent and
mature at this home or business phone number as either appears on the records of
the Association. If given personally, such notice shall be deemed to be delivered
upon delivery of a copy of a written notice to, or upon verbally advising, the
Director or some person who appears competent and mature at his home or business
address as either appears on the records of the Association. Neither the business to
be transacted at, nor the purpose of, any regular or special meeting of the Board of
Directors need be specified in the notice or waiver of such meeting.
6.6 Proxies. A Director shall not be entitled to vote by proxy at any
meeting of Directors.
6. 7 Quorum of Directors. A majority of the number of Directors fixed
in these Amended Bylaws shall constitute a quorum for the transaction of business.
6.8 Adjournment of Directors' Meetings. Directors present at any
meeting of Directors may adjourn the meeting from time to time, whether or not a
quorum shall be present, without notice other than an announcement at the meeting,
for a total period or periods not to exceed 30 days after the date set for the original
10
meeting At any adjourned meeting which is held without notice other than
announcement at the meeting, the quorum requirement shall not be reduced or
changed, but if the originally required quorum is present, any business may be
transacted which may have been transacted at the meeting as originally called.
6.9 Vote Required at Directors' Meeting. At any meeting of Directors,
if a quorum is present, a majority of the votes present in person and entitled to be
cast in a matter shall be necessary for the adoption of the matter, unless a greater
proportion is required by law, the Amended Declaration, the Articles of
Incorporation or these Amended Bylaws.
6.10 Order of Business. The order of business at all meetings of
Directors shall be as follows: (a) roll call: (b) proof of notice of meeting or waiver
of notice; (c) reading of minutes of preceding meeting; (d) reports of officers; (e)
reports of committees: (t) unfinished business: and (g) new business.
6.11 Officers at Meetings. The President shall act as chairman and the
Board of Directors shall elect a Director or designate an agent or employee of the
Association to act as secretary at all meetings ofDirectors.
6.12 Waiver of Notice. A waiver of notice of any meeting of the Board of
Directors, signed by a Director, whether before or after the meeting, shall be
equivalent to the giving of notice of the meeting to such Director. Attendance of a
Director at a meeting in person shall constitute waiver of notice of such meeting
except when the Director attends for the express purpose of objecting to the
transaction of business because the meeting is not lawfully called or convened.
6.13 Action of Directors Without a Meeting. Any action required to be
taken or which may be taken at a meeting of Directors, may be taken without a
meeting if a consent in writing, setting forth the action so taken, shall be signed by
all of the Directors.
7. OFFICERS.
7 .1 Officers, Employees and Agents. The officers of the Association
shall consist of a President, one or more Vice Presidents, a Secretary, a Treasurer
and such other officers, assistant officers, employees and agents as may be deemed
necessary by the Board of Directors. Officers other than the President need not be
Directors. No person shall simultaneously hold more than one office except the
offices of Secretary and Treasurer.
7.2 Appointment and Term of Officers. The officers shall be
appointed by the Board of Directors at the annual meeting of the Board of Directors
and shall hold office, subject to the pleasure of the Board of Directors, until the
annual meeting of the Board of Directors or until their successors are appointed,
whichever is later, unless the officer resigns, or is removed earlier.
7 .3 Removal of Officers. Any officer, employee or agent may be
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removed by the Board of Directors, with or without cause, whenever in the Board's
judgment the best interests of the Association will be served thereby. The removal
of an officer, employee or agent shall be without prejudice to the contract rights, if
any, of the officer, employee or agent so removed. Election or appointment of an
officer, employee or agent shall not of itself create contract rights.
7.4 Resignation of Officers. Any officer may resign at any time by
giving written notice to the President, to the Secretary or to the Board of Directors
of the Association stating the effective date of such resignation. Acceptance of such
resignation shall not be necessary to make the resignation effective.
7 .5 Vacancies in Officers. Any vacancy occurring in any position as an
officer may be filled by the Board of Dire(,iors. An Officer appointed to fill a
vacancy shall be appointed for the unexpired term of his predecessor in office.
7 .6 President. The President shall be a member of the Board of
Directors and shall be the principal executive officer of the Association and. subject
to the control of the Board of Directors, shall direct, supervise, coordinate and have
general control over the affairs of the Association and shall have the powers
generally attributable to the chief executive officer of a corporation. The President
shall preside at all meetings of the Board of Directors and of Members of the
Association.
7. 7 Vice President. The Vice President may act in place of the President
in case of his death, absence or inability to act, and shall perform such other duties
and have such authority as is from time to time delegated by the Board of Directors
or by the President.
7 .8 Secretary. The Secretary shall be the custodian of the records and
the seal of the Association and shall affix the seal to all documents requiring the
same; shall see that all notices are duly given in accordance with the provisions of
these Amended Bylaws and as required by law and that the books, reports and other
documents and records of the Association are properly kept and filed; shall take or
cause to be taken and shall keep minutes of the meetings of Members, of the Board
of Directors and of committees of the Board; shall keep at the principal office of the
Association a record of the names and addresses of the Members; and, in general,
shall perform all duties incident to the office of Secretary and such other duties as
may, from time to time, be assigned to him by the Board of Directors or by the
President. The Board may appoint one or more Assistant Secretaries who may act in
place of the Secretary in case of his death, absence or inability to act.
7.9 Treasurer. The Treasurer shall have charge and custody of, and be
responsible for, all funds and securities of the Association; shall deposit all such
funds in the name of the Association in such depositories as shall be designated by
the Board of Directors; shall keep correct and complete financial records and books
of account and records of financial transactions and condition of the Association and
shall submit such reports thereof as the Board of Directors may, from time to time,
12
require: and, in general shall perform all the duties incident to the office of
Treasurer and such other duties as may from time to time be assigned to him by the
Board of Directors or by the President. The Board may appoint one or more
Assistant Treasurers who may act in place of the Treasurer in case of his death,
absence or inability to act.
8. INDEMNIFICATION OF OFFICIALS AND AGENTS.
8.1 Certain Definitions. A 'Corporate Official"' shall mean any
Director, officer or Tribunal Member, as hereinafter defined and any former
Director, officer or Tribunal Member of the Association. A "Corporate Employee"
shall mean any employee and any former employee of the Association. "Expenses"
shall mean all costs and expenses, including attorneys' fees, liabilities, obligations,
judgments and any amounts paid in reasonable settlement of a Proceeding.
"Proceeding" shall mean any claim, action, suit or proceeding, whether threatened,
pending or completed, and shall include appeals.
8.2 Right of Indemnification. The Association shall indemnify any
Corporate Official and any Corporate Employee against any and all Expenses
actually and necessarily incurred by or imposed upon him to the fullest extent
provided by law. The right of indemnification shall not extend to any matter as to
which such indemnification would not be lawful under the laws of the State of
Colorado.
(a) Standards of Conduct. The Association shall indemnify any
Corporate Official and any Corporate Employee against liability incurred in or as a
result of the Proceeding if the Corporate Official or Corporate Employee: (i)
conducted himself or herself in good faith; (ii) reasonably believed (A) in the case
of a Director acting in his or her official capacity, that his or her conduct was in the
Association's best interests, or (B) in all other cases, that the Corporate Official's or
Corporate Employee's conduct was at least not opposed to the Association's best
interests; and (iii) in the case of any criminal proceeding, the Corporate Official and
Corporate Employee had no reasonable cause to believe his or her conduct was
unlawful.
(b) Settlement. The termination of any Proceeding by judgment,
order, settlement or conviction, or upon a plea of nolo contendere or its equivalent,
is not of itself determinative that the Corporate Official or Corporate Employee did
not meet the applicable standards of conduct as set forth in subsection 8.2(a).
8.3 Indemnification Prohibited. The right of indemnification shall not
extend to matters as to which the Corporate Official or Corporate Employee: (i) has
been adjudged liable for gross negligence or willful misconduct in the performance
of the Corporate Official's or Corporate Employee's duty to the Association; or (ii)
in connection with any Proceeding charging improper personal benefit to such
Corporate Official or Corporate Employee, in which the party was adjudged liable
on the basis that personal benefit was improperly received by such Corporate
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Official or Corporate Employee (even if the Association was not thereby damaged).
Notwithstanding the foregoing, the Association shall indemnify such Corporate
Official or Corporate Employee if and to the extent required by the court conducting
the Proceeding, or any other court of competent jurisdiction to which such
Corporate Official or Corporate Employee has applied, if it is determined by such
court, upon application by such Corporate Official or Corporate Employee, that
despite the adjudication ofliability in the circumstances in clauses (i) and (ii) of this
subsection 8.3 or whether or not the party met the applicable standards of conduct
set forth in subsection 8.2(a), and in view of all relevant circumstances, the
Corporate Official or Corporate Employee is fairly and reasonably entitled to
indemnification for such expenses as the court deems proper in accordance with the
Colorado Nonprofit Corporation Code.
8.4 Prior Authorization Required. Any indemnification under Section
8.2 (unless ordered by a court or in accordance with Section 8.5 below) shall be
made by the Association only if authorized in the specific case after a determination
has been made that the Corporate Official or Corporate Employee is eligible for
indemnification in the circumstances because such Corporate Official or Corporate
Employee has met the applicable standards of conduct, set forth in subsection 8.2(a)
and after an evaluation has been made as to the reasonableness of the Expenses. Any
such determination, evaluation and authorization shall be made by the Board of
Directors by a majority vote of a quorum of such Board, which quorum shall consist
of Directors not parties to the Proceeding, or by such other person or body as
permitted by law.
8.5 Success ou Merits or Otherwise. Notwithstanding any other
provision of this Article 8, the Association shall indemnify such Corporate Official
or Corporate Employee to the extent that such party has been successful, on the
merits or otherwise, including, without limitation, dismissal without prejudice or
settlement without admission of liability, in defense of any Proceeding to which the
party was a party against Expenses incurred by such party in connection therewith.
8.6 Advancement of Expenses. The Association shall pay for or
reimburse the Expenses, or a portion thereof, incurred by a party in advance of the
final disposition of the Proceeding if(a) the party furnishes the Association a written
affirmation of such party's good faith belief that he or she has met the standard of
conduct described in subsection 8.2(a)(i); (b) the party furnishes the Association a
written undertaking, executed personally or on behalf of such party, to repay the
advance if it is ultimately determined that the party did not meet such standard of
conduct; and ( c) authorization of payment and a determination that the facts then
known to those making the determination would not preclude indemnification under
this Article have been made in the manner provided in Section 8.4. The undertaking
required by clause (b) must be an unlimited general obligation of the party, but need
not be secured and may be accepted without reference to financial ability to make
repayment.
8. 7 Payment Procedures. The Association shall promptly act upon any
14
request for indemnification, which request must be in writing and accompanied by
the order of court or other reasonably satisfactory evidence documenting disposition
of the Proceeding in the case of indemnification under Section 8.4 and by the
written affirmation and undertaking to repay as required by Section 8.5 in the case
of indemnification under such Section. The right to indemnification and advances
granted by this Article shall be enforceable in any court of competent jurisdiction if
the Association denies the claim, in whole or in part, or if no disposition of such
claim is made within 90 days after written request for indemnification is made. A
party's Expenses incurred in connection with successfully establishing such party's
right to indemnification, in whole or in part, in any such Proceeding shall also be
paid by the Association.
8.8 Notification to Members. Any indemnification of or advance of
Expenses to a Director (but not to any other party) in accordance with this Article, if
arising out of a Proceeding by or on behalf of the Association, shall be reported in
writing to the Members with or before the notice of the next meeting of Members.
8.9 Authority to Insure. The Association may purchase and maintain
liability insurance on behalf of any Corporate Official or Corporate Employee
against any liability asserted against him and incurred by him as a Corporate
Official or Corporate Employee or arising out of his status as such, including
liabilities for which a Corporate Official or Corporate Employee might not be
entitled to indemnification hereunder.
8.10 Right to Impose Conditions to Indemnification. The Association
shall have the right to impose, as conditions to any indemnification provided or
permitted in this Article, such reasonable requirements and conditions as may
appear appropriate to the Board of Directors in each specific case and
circumstances, including, but not limited to, any one or more of the following: (a)
that any counsel representing the party to be indemnified in connection with the
defense or settlement of any proceeding shall be counsel mutually agreeable to the
party and to the Association: (b) that the Association shall have the right, at its
option, to assume and control the defense or settlement of any Proceeding made,
initiated. or threatened against the party to be indemnified; and ( c) that the
Association shall be subrogated, to the extent of any payments made by way of
indemnification, to all of the indemnified party's right ofrecovery, and that the party
to be indemnified shall execute all writings and do everything necessary to assure
such rights of subrogation to the Association.
8.11 Other Rights and Remedies. The indemnification provided by this
Article shall be in addition to any other rights which a party may have or hereafter
acquire under any law, provision of the Articles of Incorporation, any other or
further provision of these Amended Bylaws, vote of the Members or Board of
Directors, agreement, or otherwise.
8.12 Applicability; Effect. The indemnification provided in this Article
shall be applicable to acts or omissions that occurred prior to the adoption of this
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Article, shall continue as to any party entitled to indemnification under this Article
who has ceased to be a Director, officer, or employee of the Association. The repeal
or amendment of this Article or of any Section or provision hereof that would have
the effect of limiting, qualifying, or restricting any of the powers or rights of
indemnification provided or permitted in this Article shall not, solely by reason of
such repeal or amendment, eliminate, restrict, or otherwise affect the right or power
of the Association to indemnify any person, or affect any rights of indemnification
of such person, with respect to any acts or omissions that occurred prior to such
repeal or amendment. All rights to indemnification under this Article shall be
deemed to be provided by a contract between the Association and each party
covered hereby.
8.13 Indemnification of Agents. The Association shall have the right,
but shall not be obligated, to indemnify any agent of the Association not otherwise
covered by this Article to the fullest extent permissible by the laws of Colorado.
Unless otherwise provided in any separate indemnification arrangement, any such
indemnification shall be made only as authorized in the specific case in the manner
provided in Section 8.3.
8.14 Savings Clause; Limitation. If this Article or any Section or
provision hereof shall be invalidated by any court on any ground, or if the Colorado
Nonprofit Corporation Act is amended in such a way as to affect this Article, then
the Association shall nevertheless indemnify each party otherwise entitled to
indemnification hereunder to the fullest extent permitted by law or any applicable
provision of this Article that shall not have been invalidated.
9. MISCELLANEOUS.
9.1 Amendment of Bylaws. The Board of Directors shall not have the
power to alter, amend or repeal these Amended Bylaws or to adopt new Bylaws.
The Members, at a meeting called for that purpose, shall have the sole power to
alter, amend or repeal the Amended Bylaws and to adopt new Bylaws by a majority
of votes present at the meeting and entitled to vote hereunder, if a quorum is present.
The Bylaws may contain any provision for the regulation or management of the
affairs of the Association not inconsistent with law, the Amended Declaration or the
Articles of Incorporation.
9.2 Compensation of Officers, Directors and Members. No Director
or Officer shall have the right to receive any compensation from the Association for
serving as such Director except for reimbursement of expenses as may be approved
by resolution of disinterested members of the Board of Directors.
9.3 Books and Records. The Association shall keep correct and
complete books and records of account and shall keep, at its principal office in
Colorado, a record of the names and addresses of its Members, including Developer,
and copies of the Amended Declaration, the Articles of Incorporation and these
Amended Bylaws which may be purchased by any Member at reasonable cost. All
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books and records of the Association, including the Articles of Incorporation,
Bylaws as amended and minutes of meetings of Members and Directors may be
inspected by any Member, or his agent or attorney, and any First Mortgagee of a
Member for any proper purpose. The right of inspection shall be subject to any
reasonable rules adopted by the Board of Directors requiring advance notice of
inspection, specifying hours and days of the week during which inspection will be
permitted and establishing reasonable fees for any copies to be made or furnished.
9.4 Annual Report. The Board of Directors shall cause to be prepared
and distributed to each Member and to each First Mortgagee who has filed a written
request therefor, not later than 90 days after the close of each fiscal year of the
Association, an annual report of the Association containing (a) the date that the
Association's fiscal year commences; (b) the operating budget forthe fiscal year; (c)
a list of current assessments; ( d) an income statement, including the reserve fund,
reflecting income and expenditures of the Association for such fiscal year; ( e) a
balance sheet as of the end of such fiscal year; ( t) the result of any audit; (g) a list of
all Association insurance policies; (h) the Association Bylaws, Articles of
Incorporation, and Rules and Regulations and policies; (i) the minutes of Board and
Member meetings for the prior year; (j) a statement of the place of the principal
office of the Association where the books and records of the Association, including
a list of names and addresses of current Members, may be found; and (k)
responsible governance policies adopted under Colorado law. Such information can
be provided through the Association's web site, by maintaining hard copies at the
Association's principal place of business or by mail or personal delivery. The
financial statements of the Association shall be reviewed by an independent public
accountant and an audit based upon such review shall be included in the annual
report at least once every two years.
9.5 Statement of Account. Upon written request of an Owner of a Lot or
any person with any right, title or interest in a Lot or intending to acquire any right,
title or interest in a Lot, the Association shall furnish a written statement of account
setting forth the amount of any unpaid assessments, or other amounts, if any, due or
accrued and then unpaid with respect to the Lot, the Owner of the Lot and the
amount of the assessments for the current fiscal period of the Association payable
with respect to the Lot Such statement shall be issued within fourteen ( 14) business
days after receipt of such request by the Association and, with respect to the party to
whom it is issued, shall be conclusive against the Association and all parties, for all
purposes, that no greater or other amounts were then due or accrued and unpaid and
that no other assessments have then been levied.
9.6 Annual Corporate Reports. The Association shall file with the
Secretary of State of Colorado, within the time prescribed by law, annual Corporate
reports on the forms prescribed and furnished by the Secretary of State and
containing the information required by law and shall pay the fee for such filing as
prescribed by law.
9. 7 Fiscal Year. The fiscal year of the Association shall begin on
17
L
January 1 and end the succeeding December 31. The fiscal year may be changed by
the Board of Directors without amending these Amended Bylaws.
9.8 Seal. The Board of Directors may adopt a seal which shall have
inscribed thereon the name of the Association and the words "SEAL" and
"COLORADO."
9.9 Shares of Stock and Dividends Prohibited. The Association shall
not have or issue shares of stock and no dividend shall be paid and no part of the
income or profit of the Association shall be distributed to its Members, directors or
officers.
Notwithstanding the foregoing paragraph, the Association may issue
certificates evidencing membership therein, may confer benefits upon its Members
in conformity with its purposes and, upon dissolution or final liquidation, may make
distributions as permitted by law and no such payment, benefit or distribution shall
be deemed to be a dividend or distribution of income or profit.
9.10 Loans to Directors and Officers Prohibited. No loan shall be made
by the Association to any Director or officer, and any Director or officer who
assents to or participates in the making of any such loan shall be liable to the
Association for the amount of such loan until the repayment thereof
9.11 Limited Liability. As provided in the Articles of Incorporation and
Amended Declaration, the Association, the Board of Directors, the Design Review
Committee, Developer, and any Member, agent or employee of any of the same,
shall not be liable to any Person for any action or for any failure to act if the action
taken or failure to act was in good faith and without malice.
9.12 Special Rights of First Mortgagees. Any First Mortgagee of a
Mortgage encumbering any Lot in the Community Area, upon filing a written
request therefor with the Association, shall be entitled to (a) receive written notice
from the Association of any default by the Mortgagor of such Lot in the
performance of the Mortgagor's obligations under the Amended Declaration, the
Articles of Incorporation, these Amended Bylaws or Rules and Regulations, which
default is not cured within 60 days after the Association learns of such default; (b)
examine the books and records of the Association during normal business hours; ( c)
receive a copy of financial statements of the Association including any annual
financial statement within 90 days following the end of any fiscal year of the
Association; ( d) receive written notice of all meetings of Members; ( e) designate a
representative to attend any meeting of Members; ( f) receive written notice of
abandonment or termination of the Amended Declaration; (g) receive 30 days
written notice prior to the effective date of any proposed, material amendment to the
Amended Declaration, the Articles of Incorporation or these Amended Bylaws; and
(h) receive immediate written notice as soon as the Association receives notice or
otherwise learns of any damage to the Association Properties if the cost of
reconstruction exceeds $10, 000 and as soon as the Association receives notice or
18
otherwise learns of any condemnation or eminent domain proceedings or other
proposed acquisition with respect to any portion of the Association Properties.
9.13 Minutes and Presumptions Thereunder. Minutes or any similar
record of the meetings of Members, or of the Board of Directors, when signed by
the Secretary or acting Secretary of the meeting, shall be presumed to truthfully
evidence the matters set forth therein. A recitation in any such minutes that notice of
the meeting was properly given shall be prima facie evidence that the notice was
given.
9.14 Checks, Drafts and Documents. All checks. drafts or other orders
for payment of money, notes or other evidences of indebtedness, issued in the name
of or payable to the Association, shall be signed or endorsed by such person or
persons, and in such manner as, from time to time, shall be determined by resolution
of the Board of Directors.
9.15 Execution of Documents. The Board of Directors, except as these
Amended Bylaws otherwise provide, may authorize any officer or officers, agent or
agents to enter into any contract or execute any instrument in the name and on
behalf of the Association, and such authority may be general or confined to specific
instances; and unless so authorized by the Board of Directors, no officer, agent or
employee shall have any power or authority to bind the Association by any contract
or engagement or to pledge its credit or to render it liable for any purpose or in any
amount.
10. NOTICE AND HEARING PROCEDURE.
10.1 Association's Enforcement Rights. In the event of an alleged
violation by a Member ("Respondent") of the Amended Declaration, these Amended
Bylaws or the Rules and Regulations, the Board of Directors shall have the right,
after Notice and Hearing as hereinafter provided, and upon an affirmative vote of a
majority of all Directors on the Board. to take any one or more of the following
actions: (a) levy a Reimbursement Assessment as provided in the Amended
Declaration; (b) suspend or condition the right of said Member and anyone claiming
through such Member to the use and enjoyment of any recreational facilities
operated or maintained by the Association (to the extent any such Person is
otherwise entitled to such use); (c) suspend said Member's voting privileges as a
Member, as provided in the Amended Declaration; provided, however, that the
Board shall be entitled to suspend a Member's voting right without Notice and
Hearing in the event such Member fails to pay any assessment levied pursuant to the
terms and provisions of the Amended Declaration: or ( d) Record a Notice of
Noncompliance against the Lot of the Respondent. Any such suspension shall be for
a period of not more than 30 days for any non-continuing action, but in the case of a
continuing infraction (such as nonpayment of any Assessment after the same
becomes delinquent) such suspension may be imposed for so long as the violation
continues. The failure of the Board or the Design Review Committee to enforce the
Rules and Regulations, these Amended Bylaws or the Amended Declaration shall
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not constitute a waiver of the right to enforce the same thereafter. The remedies set
forth above and otherwise provided in the Amended Declaration or these Amended
Bylaws shall be cumulative and none shall be exclusive. However, any individual
Member must exhaust all available internal remedies of the Association prescribed
by these Amended Bylaws and the Rules and Regulations, before that Member may
resort to a court of law for relief with respect to any alleged violation by another
Member of the Amended Declaration, these Amended Bylaws or the Rules and
Regulations, provided that the foregoing limitation pertaining to exhausting
administrative remedies shall not apply to the Board or to any Member where the
complaint alleges nonpayment of Common Assessments, Special Assessments, or
Reimbursement Assessments,
10.2 Written Complaint. A hearing to determine whether enforcement
action under the Amended Declaration or these Amended Bylaws should be taken
shall be initiated by the filing of a written Complaint by any Member or by any
officer or member of the Board of Directors or the Design Review Committee with
the President of the Association or other presiding member of the Board. The
Complaint shall contain a written statement of charges which shall set forth in
ordinary and concise language the acts or omissions with which the Respondent is
charged and a reference to the specific provisions of the Amended Declaration,
these Amended Bylaws or the Rules and Regulations which the Respondent is
alleged to have violated.
10.3 Notice of Complaint and Notice of Defense. A copy of the
Complaint shall be delivered to the Respondent in accordance with the notice
provisions set forth in the Amended Declaration, together with a statement which
shall be substantially in the following form:
"Unless a written request for a hearing signed by or on behalf of the person
named as Respondent in the accompanying Complaint is delivered or mailed to the
Board of Directors within 15 days after the Complaint was served upon you, the
Board of Directors may proceed upon the Complaint without a hearing, and you will
have thus waived your right to a hearing. The request for a hearing may be made by
delivering or mailing the enclosed form entitled 'Notice of Defense' to the Board of
Directors at the following address: c/o
Attn: . You may, but need not, be
represented by counsel at any or all stages of these proceedings. If you desire the
names and addresses or witnesses or an opportunity to inspect any relevant writings
or items on file in connection with this matter in the possession, custody or control
of the Board of Directors, you may contact---------------
The Respondent shall be entitled to a hearing on the merits of the matter if the
Notice of Defense is timely filed with the Board of Directors. The Respondent may
file a separate statement by way of litigation, even if he does not file a Notice of
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Defense.
10.4 Tribunal. The President shall appoint a hearing Committee
("Tribunal ") of three natural Persons (the "Tribunal Members") upon receipt of a
written Complaint as provided in Section 10.2 of these Amended Bylaws. Members
of the Tribunal need not be Members of the Association. In appointing the members
of the Tribunal, the President should make a good faith effort to avoid appointing
next door neighbors of the Respondent or any Members of the Association who are
essential witnesses to the alleged violation giving rise to the Complaint. The
decision of the President shall be final, except that the Respondent may challenge
any member of the Tribunal for cause, where a fair and impartial hearing cannot be
afforded, at any time prior to the taking of evidence at the hearing. In the event of
such a challenge, the Board of Directors shall meet to determine the sufficiency of
the challenge, without the President voting. If such a challenge is sustained, the
President shall appoint another member to replace the challenged member of the
Tribunal. All decisions of the Board of Directors in this regard shall be final. The
Tribunal shall elect a Chairman and appoint a hearing officer who shall take
evidence and ensure that a proper record of all proceedings is maintained. There
shall be no liability imposed upon any member of the Tribunal for any loss, damage
or injury arising out of or in any way connected with the performance of the duties
of the Tribunal unless due to the willful misconduct of the party to be held liable.
10.5 Notice of Hearing. The Tribunal shall serve a Notice of Hearing, as
provided herein, on all parties at least 10 days prior to the hearing, if such hearing is
requested by the Respondent. The hearing shall be held no sooner than 30 days after
the Complaint is mailed or delivered to the Respondent as provided in Section 10.3
of these Amended Bylaws. The Notice of Hearing to the Respondent shall be
substantially in the following form but may include other information:
"You are hereby notified that a hearing will be held before a Tribunal
appointed by the President of The Homeowners Association at Aspen Glen at
---------------------.Colorado, on the day of
__________ __, 20 at the hour of upon the charges
made in the Complaint served upon you. You may be present at the hearing, may
but need not be represented by counsel, may present any relevant evidence, and will
be given full opportunity to cross-examine all witnesses testifying against you. You
are entitled to compel the attendance of witnesses and the production of books,
documents or other items by applying to the Board of Directors of the Association."
10.6 Hearing.
(a) Oral evidence shall be taken only on oath or affirmation
administered by an officer of the Association. The use of affidavits and written
interrogatories in lieu of oral testimony shall be encouraged by the Tribunal.
(b) Each party shall have these rights: to call and examine witnesses·
to introduce exhibits; to cross-examine witnesses on any matters relevant to th~
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issues; to impeach any witness; and to rebut the evidence against him. If respondent
does not testify in his own behalf, he may be called and examined as if under cross-
examination.
( c) The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence shall be admitted if it is
the sort of evidence in which responsible Persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any common law or
statutory rule which might make improper the admission of such evidence over
objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining other evidence but shall not be sufficient in itself to
support a finding unless it would be admissible over objection in civil actions. The
rules of privilege shall be effective to the extent that they are otherwise required by
statute to be recognized at the hearing, and irrelevant and unduly repetitive evidence
shall be excluded.
( d) Neither the accusing Member or the Respondent must be in
attendance at the hearing. The hearing shall be open to attendance by all Members
of the Association to the extent of the permissible capacity of the hearing room.
( e) In rendering a decision, official notice may be taken at any time
of any generally accepted matter within the Amended Declaration, these Amended
Bylaws, the Rules and Regulations, or the working of the Association. Persons
present at the hearing shall be informed of the matters to be noticed by the Tribunal,
and these matters shall be made a part of the record of proceedings.
(f) The Tribunal may grant continuances on a showing of good cause.
(g) Whenever the Tribunal has commenced to hear the matter and a
member of the Tribunal is forced to withdraw prior to a final determination by the
Tribunal, the remaining members shall continue to hear the case and the hearing
officer shall replace the withdrawing member.
10. 7 Decision. If the Respondent fails to file a Notice of Defense as
provided in Section 10.3 of these Amended Bylaws, or fails to appear at a hearing,
the Tribunal may take action based upon the evidence presented to it without notice
to the Respondent. However, the Respondent may make any showing by way of
mitigation. The Tribunal will prepare written findings of fact and recommendations
for consideration by the Board of Directors. The Tribunal shall make its
determination only in accordance with these Amended Bylaws. After all testimony
and documentary evidence has been presented by the Tribunal, the Tribunal shall
vote by secret written ballot upon the matter, with a majority of the entire Tribunal
controlling. Disciplinary action and levy of a Reimbursement Assessment under the
Amended Declaration, these Amended Bylaws or Rules and the Regulations shall be
imposed only by the Board of Directors and in accordance with the findings and
22
J
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recommendations of the Tribunal. The Board of Directors may adopt the
recommendations of the Tribunal in their entirety or the Board may reduce the
proposed penalty and adopt the balance of the recommendations. In no event shall
the Board impose more stringent enforcement action than recommended by the
Tribunal. The decision of the Board shall be in writing and shall be served and
posted in the same manner as the findings and recommendations of the Tribunal.
The decision of the Board shall become effective 10 days after it is served upon the
Respondent, unless otherwise ordered in writing by the Board of Directors. The
Board may order reconsideration at any time within 15 days following service of its
decision on the involved persons, on its own motion or on petition by any party.
However, no action against the Members arising from the alleged violation shall
take effect prior to the expiration of the later of (a) 15 days after the Member's
receipt of the Notice of Hearing; or (b) five days after the hearing required herein.
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CERTIFICATE OF SECRETARY
I, the undersigned, do hereby certify that:
I am the duly elected and acting Secretary of The Homeowners
Association at Aspen Glen, a Colorado non-profit corporation ("Association'); and
2 The foregoing Amended Bylaws, comprising 25 pages including the
subsequent page, constitute the Amended Bylaws of the Association duly adopted
by unanimous consent of the Board of Directors of the Association.
IN WITNESS WHEREOF, I have hereunto subscribed my hand and affixed
the seal of the Association this day ;)_/-"' r of l1q il/i'C t, , 2007.
Secretary
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• ... .................. .-~~~~-'I-
DEPARTMENT OF
STATE
CERllFICATE
I, NATALIE 'MEYER, Secretary of State of the State of
Colorado hereby certify that
According to the records of this off ice
THE HOMEOWNERS ASSOCIATION AT ASPEN GLEN
(COLORADO NONPROFIT CORPORATION)
file * 941063950 was filed in this office on rlTJNE 07, 1994,
and has complied with the applicable provisions of the
laws of the State of Colorado and on this date is in good
standing and authorized and competent to transact business
or to conduct its affairs within this state.
Dated: rlTJNE 6, 1994
__, _________ _
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