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HomeMy WebLinkAbout1.0 Application• • ANAL PLAT SUBMISSION ....r.. -r,_•.+.........._,... FILING 11 SUBDIVIS!ON 2 LOS AMIGOS RANCH PUD LOS AMIGOS RANCH PARTNERSHIP P.O. BOX 1506 GLENWOOD SPRINGS, CO 81602 May 29, 1984 Garfield County Commissioners c/o Mr. Mark Bean Garfield County Courthouse Glenwood Springs, CO 81601 RE: FINAL PLAT SUBMISSION FILING 1, SUBDIVISION 2, LOS AMIGOS RANCH PUD Gentlemen: Los Amigos Ranch Partnership, a Colorado Partnership, by way of this letter requests review and approval of the above referenced submission. This submission is being made under the format of the regu- lations adopted by the County on April 23, 1984. Respectfully submitted, F. Malcolm Wall Manager, Los Amigos Ranch TABLE OF CONTENTS FINAL PLAT SUBMISSION, FILING 1, SUBDIVISION 2, LOS AMIGOS RANCH P.U.D. SECTION I Item Page No./Exhibit Response to Preliminary Plat Condition and Final Plat Requirements Pages 1 - 7 Murr Family Deeds Bylaws of Los Amigos Ranch Homeowner's Association, Inc Sewer System Capacity Studies of Spring Valley Sanitation District Correspondence between applicant and RE -1 School District Construction Cost estimate Certificate of Taxes Due Master Declaration of Protective Covenants and Design Requirements and Guidelines for Residential Areas A B C D E F G SECTION II Subdivision Improvements Agreement H Articles of Incorporation of Los Amigos Ranch Homeowner's Association, Inc. I • TO: GARFIELD COUNTY RE: RESPONSE TO PRELIMINARY PLAT CONDITION AND FINAL PLAT REQUIREMENT DATE: May 29, 1984 Resolution No. 82-182, dated Monday, July 26, 1982, established the requirements for final plat submission for Filing 1, Subdivision 2, Los Amigos Ranch P.U.D. 1. Condition That prior to final plat approval of filing #3, Subdivision #2, the applicant shall obtain approval for a plan for water augmentation from the district water court and the state division of water resources. Response Not applicable to this submission. 2. Condition That prior to final plat approval of filing #1, Subdivision #2, the applicant shall exchange deeds with the Murr family to settle the boundary dispute, so that the Murr boundary line is along the present fence line. Response Deeds have been exchanged. Copies are included as Exhibit "A" attached hereto. 3. Condition That prior to final plat approval of each filing, Subdivision #2, the applicant show a building envelope on each lot and suitable motor vehicle access to the building site. Response Building envelopes and vehicular access are shown on the final plat accompanying this submission. • • 4. Condition That prior to final plat approval of each filing, Subdivision #2, the applicant show a plat note that engineered sewage disposal systems may be necessary on all lots located outside the boundaries of the sanitation district. Response A note indicating those lots that will resume individual sewage disposal systems is included on the final plat accom- panying this submission. 5 Condition That prior to final plat approval of filing #1, Subdivision #2, the applicant make provision for a homeowners' asso- ciation which will monitor and maintain the individual sewage disposal systems. Response Bylaws for the Los Amigos Ranch Homeowners' Association are included as Exhibit "B" attached hereto. See Article II, Section 2(a) of the Bylaws for reference. 6. Condition That prior to final plat approval of filing #1, Subdivision #2, the applicant shall perform a thirty (30) day study in accordance with acceptable engineering standards of the capa- city of the sewer system of the Spring Valley Sanitation District, which study shall occur in the fall of 1982, and provide an engineering report to the satisfaction of the Board as to the present capacity of the system. Response Attached as Exhibit "C" hereto are copies of two reports sum- marizing the results of studies done to determine capacity of the wastewater treatment facility; dates of the reports are May 25, 1982 and November 10, 1982. 7. Condition That prior to final plat approval of filing #1, Subdivision #2, the applicant shall enter into a subdivision improvements agreement which shall provide, among other things, that the applicant shall provide or pay for an expansion of the district's sewer capacity, which expansion shall be deter- mined by the difference between the actual, as built capacity of the system, as determined by the fall 1982 engineering report, and that capacity necessary to add an additional 48 units, and 30 units to be served by the district in this pre- liminary plan; -2- • • Response Referencing the reports in Exhibit "C", there currently exists sufficient capacity at the treatment facility to provide service to 48 additional apartment units and the 30 single family units previously approved at preliminary plat for Subdivision 2. 8. Condition That prior to final plat approval of filing #1, Subdivision #2, the applicant and the Board shall make provision for the identification and dedication of a school site within the area of the Los Amigos Ranch Planned Unit Development. Response (a) Included within the plan documents is the Utility Plan from the PUD zoning approval indicating the proposed school site. (b) Exhibit "D" consists of applicable correspondence between the applicant and School District concerning the site. 9. Condition That prior to final plat approval of filing #1, Subdivision #2, the applicant shall enter into a subdivision improvements agreement which shall provide, among other things, that the applicant, at its expense, shall provide that the water and sewer lines to the school district property lines will be sized appropriately to accommodate an elementary school and the applicant will pay for or provide any tap fees necessary to hook up the school to the sanitation district at the time the building permit is issued for the elementary school. Response (a) Referring to the Utility Plan included with the docu- ments, water and sewer lines have already been extended to the school district boundaries. (b) The subdivision improvements agreement, submitted as a separate document, includes in section 8 reference to the payment of tap fees for sewer and water service. The Garfield County Subdivision Regulations adopted April 23, 1984, require the following submittal information. 1. Reference 5:21. Final Plat drafting requirements. • • Response Final Plat in the correct format accompanies the sub- mission. Mylar copies, containing any changes or modifica- tions, will be made and provided to the County at the time of filing. 2. Reference 5:22. Final Plat information requirements. Response Final Plat with the required information accompanies this submission. 3. Reference 5:23 Final Plat monumentation requirements. Response Monumentation will be done at a later date prior to filing of the Final Plat. 4. Reference 5:24. Final Plat dedication/certification requirements. Response Final Plat with the required dedication/certification state- ments accompanies this submission. 5. Reference 5:25. Final Plat condominium plat. Response Not applicable. 6. Reference 5:31(A) - Engineering plans, descriptions and cost estimates for streets, drainage facilities, water and sewage disposal systems, bridges and other improvements marked "Approved for Construction." Response (a) Accompanying this submission are the following construc- tion drawings: • • Sheet 1 of 7, Los Amigos Drive, road plan. Sheet 7 of 7, Pinon Drive, road plan. Sheet 5 of 9, Los Amigos Drive, water plan. Sheet 8 of 9, Pinon Drive, water plan. Sanitary Sewer Typical Details Water Utility Standard Details (b) Cost estimates for improvements are included as Exhibit E 7. Reference 5:31(B) - Subdivision Improvements Agreement and Consent to Vacate the Final Plat executed between the subdivider and the County. Response These documents are submitted as separate documents. 8. Reference 5:31(C) - Certification of the County Treasurer's Office that all applicable and valorem taxes have been paid for years prior to that in which subdivision approval is granted. Response Certification is included as Exhibit "F". 9. Reference 5:31(D) - Copy of subdivision covenants, if any. Response Covenants are included as Exhibit "G". 10 Reference 5:31(E) - Evidence that all services, including water, sewage disposal and roads, comply with state and local laws and regulations and shall be available to each subdivision lot to the extent necessary for use of such lots in the matter per- mitted by zoning and covenants affecting the lots. Response (a) All lots have public dedicated road access as evidenced on construction drawings. (b) All lots have central water facilities conforming to State and County codes as evidenced on construction drawings. -5- • • (c) Lots 1-6 and 10 have central sewage facilities; lots 7-9 have industrial sewage disposal systems. All facilities con- form to State and County codes as evidenced on construction drawings. 11. Reference 5:31(F) - Approved site location approval from the Colorado Department of Health -Water Quality Control Division. Response Not required. 12. Reference 5:31(G) - Final decree for augmentation plan. Response Not required until final plat submittal, Filing 3, Subdivision 2. 13. Reference 5:31(H) - School site approval or cash in lieu. Response School site approval is included in Exhibit "D". 14. Reference 5:31(I) - Management plan for the operation and maintenance of individual sewage disposal systems. Response The management plan is included with the Los Amigos Ranch Homeowners' Association Bylaws, Article II, Section 2(a) attached hereto as Exhibit "B". 15. Reference 5:32. Condominium Declarations. Response Not applicable. • • Changes to the actual plat map itself, from preliminary to final stages, are as follows: 1. An open space dedication sufficient in size for Subdivision 2, was added to this filing. Los Amigos Ranch Partnership will dedicate enough open space land in this Filing 1 to meet its open space requirements for all filings in Subdivision No. 2. A plat note shall reflect this scope of open space Dedication and the Resolution of Approval will contain a reference to the same. 2. Utility easements for telephone and electric utilities were added; utility easements for sanitary sewer were modified to conform to actual field location. 3. Pinion Drive was relocated northward to conform more closely to natural terrain; as a result, Lots 5-10 were modified slightly. 4. The Lot 4/5 lotline was shifted away from the existing Lot 5 structures. 5. Lot 1 was reduced. The deleted portion is the old C.R. 114 roadbed and is not a desirable building portion of the lot. The acreage will be required in the future for utility easements from the commercial area and perhaps for upgrading of C.R. 114 to a 4 -lane roadway EXHIBIT "A" a. • J •),) •oiled al �' •�� „',•fork M.. :. •'�—/ j41K 613 Reception igo.•••) THIS 27,..4.2.4.4.4.4.d_.,_ THIS DEED, Made this 22nd day of February between LOS AMIGOS RANCI! PARTNERSHIP .192.2. of the County of Garfield and state of Colorado, of the first Bart, and Linda Murr, CArolyn Kinaall, Virgil Kindall, Harold Kindall, Wilmer Kindall, Keith Kindall, ivandKindall, and Larry Kindall whose legal address is 710 U. Bill Creek Road, Carbondale orado of the County of rfiw and state of Colorado, of the second part, W ITNESSETH, That the said part v of the first part, for and in consideration of the sum of TEN DOLLARS AND O'TL-iER GOOD AND VALUABLE CONSIDERATION to the said part y of the first part in hand paid by the said parties of the second part. the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and QUIT CLAIMED, and by these presents doeS remise, release, sell. convey and QUIT CLAIM unto the said partieSof the second part. their heirs. successors and assigns, forever, all the right, title, interest. claim and demand which the said part y of the first pert has in and to the following described lot or parcel of land situate, lying and being in the County RECORDER'S STAMP GAR; IELD ' iitjy „J State D c. Fee DOLLARS. of Garfield and State of Colorado, to wit: SEE ATTACHED EXHIBITS ":t" through "D" . • also known as street and number TO HAVE AND TO HOLD the same. together with sil and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining. and ull the estcte, right, title, interest and claim whatsoever, of the said part y of the first part, either in law or equity. to the only proper use, benefit and behoof of the said part iesof the second part,Je1LF+eirs and assigns forever. IN WITNESS WHEREOF, The said pary of the first part has hereunto set its hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STAT EOFQW.k:RU } ss. County of Cook The foregoing instrument was acknowledged before me this 2 2 nd 1932,by' THOMAS E. NEAL (SEAL! DOS AMIGOS RANCH PARTNERSHIP ISEALI By: Thomas E. Neal managing Ptrtre- (SEAL( .1Q- �(SEALI My commission expires 9/2 8 day of February , 19$ 4 . Witness my hand and official seal. NO.933. QUIT CLAIM DEE°. •, ng \a ^Ib a.a 1ian,2,.,ai_n.a rxLt,t A brif. 613 r:CE567 29 December 1981 Job .o. 81341 LEr,AL DESCRIPTION - Quit Clair; Deed, 0.656 Acre Parcel A parcel of land situate in the SE 1/4 of Section 31, Township 3 Soul:;, Range 80 ''best of the 6th Prir.cioal Meridian., being more particularly described as follows: ..e>_ginnine at a Garfield County Surveyor brass cap in place and properly narked for the east quarter corner of said Section 31; t^.ilce along a fence line S OS° .;3' 10" 'J 1305.89 feet to a fence corner; thence continuing along said fence line 0 39° 43' 23" E a distance of 43.81 feet to a point on ..he east line of said SE 1/4; thence along tr? east line of said SE 1/4 0 03' 10' 51" E 1302.51 feat to the point of beginning_, containing 0.656 acres more or less. co 0) cc w O " >-v' U.1 ¢ • c") D w ❑ N Z 3`° ❑ o ▪ ❑ Q a CC CO 6L-I- CC CC •vi rn 0 CC Z LU E w a 7- u) ❑ zo owo z z w w Z a, 0 c „ X >.o CO � a o � U w Z w w • d w w Z z CO Lu cO O N ❑ p CC CL 0 0 J w • 1 Exhibit B 26 August 1982 Job #81341 3:7K 613 "sEJ `S LEGAL DESCRIPTION A parcel of land situate in Government Lot 7, Section 32, Township 6 South, Range 88 West of the 6th Principal Meridian, being more parti- cularly described as follows: Connuencing at the northwest corner of the southeast quarter of said Section 32; thence S 89° 00' 23” E along the east -west centerline of said Section 32, a distance of 1314.62 feet to the northwest corner of said Lot 7; thence S 89° 00' 23" E along the north line of said Lot 7, a distance of 109.22 feet to a fence line as -built and in place; thence S 04° 05' 57" ,J, a distance of 473.70 feet along said fence line; thence S 04° 24' 02" W, a distance of 828.82 feet along said fence line to the north line of southeast quarter of the southeast quarter of said Section 32; thence N 89° 22' 07"W along the north line of the southeast quarter of the southeast quarter of said Section 32, a distance of 52.79 feet to the west line of said Lot 7; thence N 01° 43' 29" E along the west line of said Lot 7, a distance of 1300.63 feet to the point of be- ginning, containing 2.442 acres more or less. OFFICES: GLENWOOD SPRINGS • RIFLE • DURANGO • • 1 1 f. 613 r_,E5(311 1 1 / 303.945.8596 � o 29 December 1931 Job fio. 31341 LEGAL DESCRIPTI0N - Quit Claim Deed - 0.705 Acre Parcel 1 a A tract of land situate in the southeast 1/4 of the southeast 1/4 c o of Section 32, Township 5 South, Range 38 West of the 5th Principal Meridian, being more particularly described as follows: 1 w W Beginning at Garfield County Surveyor tress cap in place and properly marked for the center quarter corner of said Section 32; thence :3 89' c' 00' 23" E 1314.62 feet along the north line of the northwest 1/4 of the SE 1/4 of said Section 32; thence S 01' 43' 29" 4! 1300.33 feet ' z along the east line of the N.0 1/4 of the SE 1/4 of said Section 32 to J o the northwest corner of the SE 1/4 of the SE 1/4 of said Section 32 © and the true point of beginning; thence S 39' 22' 07" E 52.79 feet along the north line of the SE 1/4 of the SE 1/4 of said Section 32 to a fence line as built and in place; thence S 04' 24' 02" ':! 11;,G.35 1 w feet along said fence line to a point on the ::est line of SE 1/4 of t' } Z SE 1/4 of said Section 32; thence i1 01' 43' 29" E 1164.57 feet along the west line of the SE 1/4 of the Sr 1/4 of said Section 32 to the true point of beginning, containing 0.706 acres more or less. 1 1 1 1 1 ELDORADO ENGINEERING COMPAP 823 BLAKE AVE Exhibit D BOOK 613 PLGE5 7 0 w U� cr 06 w w o o N Z O a0 o CC Q w M - o 26 August 1982 • o Job #81341 • U • U w z Z a LEGAL DESCRIPTION z p A parcel of land situate in Government Lot 7, Section 32, Township 6 w 0 South, Range 88 West of 'the 6th Principal Meridian, being more parti- z z cularly described as follows: — w • 0 Commencing at the northwest ccrner of the southeast quarter of said z m Section 32; thence S 89" 00' 23" E along the east -west centerline of o CO said Section 32, a distance of 1423.84 feet to the true point of be-. o ginning also being on the northerly line of said Government Lot 7; z m thence continuing S 89° 00' 23" E along the north line of said Lot 7, o a distance of 29.78 feet to the northwest corner of Government Lot 6; thence S 01° 41' 27" W along a line cjcrmon to Lot 7 and Lot 6, a dis- t • wtante of 475.48 feet to the southwest corner of said Lot 6; thence N 86° 11' 34" W, a distance of 49.72 feet to a fence line as -built and z w in place; thence N 04° 05' 57" E along said fence line, a distance of w • > 473.70 feet to the true point of beginning, containing 0.433 acres more w w or less. z ✓ J m W C o CV 0 0 J W OFF'..^.£S: GLENWOOD SPRINGS • RIFI F • nIJ ANnn l'1 • Rrrurded at . Il ' . (� tt.�I vyo'clsek M 1te( l tion THIS I)F:F:D. Made this day of February , 1982 , I>-irtda Murr, Carolyn Kindall, Virgil Kindall, between Harold Kindall, Wilmer Kindall, Evand Kik all. and Larry Kindall. of the County of Garfield and state of Colo, ado, of the first part, and LOS AMIGOS RANCH PARTNERSHIP whose legal address is 141987_ 1 evu, der. RECORDER'S STAMP of the County of Garfield and state of Colorado, of the second part, WITNESSETII, That the said part 1C.nf the first part. for and in consideration of the sum of TEN DOLLARS AND CYPl[ER GOOD AND VN>UAI3LE CQNSIDERATION DOLLARS• to the said part ieS,(the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged. half remised. released, sold, conveyed and QUIT CLA IMED. and by these presents do remise. release, sell. convey and QUIT CLAIM unto the said party of the second part, itS heirs. successors and assigns, forever, all the right, title, interest. claim and demand which the said part lest the first part haVe in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to wit: SEE ATTACHED EXHIBITS A and B . also known as street and number TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining. and all the estate, right. title, interest and claire whatsoever. of the said partieSof the first part, either in law or equity. to the only proper use. benefit and behoof of the said part y of the second part, its heirs and assigns forever. their IN WITNESS WHEREOF', The said partieSof the first part ha ve hereunto set hands and seal S the day and year first above written. 1 Lir i [X 2L C�0 LvAtki STATE OF COLOR A Di), } �1 ss. County of ?J! LINDA NRR CATLYN ViR'Gl�ht`rUFS,L�"- The foregoing instrument was acknowledged before me this 19 ,by' SEALI ISEALI tFAII ISEALI �f m day of My commission expires .19 . Witness my hand and official seal. My Commission i'xp:res 1,.'y 27, 1936 ntiy Bill: tit L-- /9 ? !;LQ,�acJ. (SEE PAGE 2) No. 933. QUIT CLAIM lEEn. wnth 11 hIlL.14- i 4017n nes,_n.Mi tientey itvni�r N 0 6 0 0 T:7) COC70 0 0 0 J 0 0 v) z n. U) O 0 0 z J 0) X 0 m 0 a w z w a w a -J Cil N ELDORADO ENGI mu 614 n2E6' 9 29 December 1981 Job No. 81341 LEGAL DESCRIPTION - Quit Claim Deed - 0.010 Acre Parcel A tract of land in the southwest 1/4 of the southeast 1/4 of Section 32, Township 6 South, Range 83 blest of the 6th Principal Meridian, being more particularly described as follows: Beginning at a Garfield County Surveyor brass cap in place and properly marked for the center quarter corner of said Section 32. thence S 89° 00' 23" E 1314.62 feet along the north line of the NW 1/4 of the SE 1/4 of said Section 32; th,2nce S 010 4S' 29" W 2465.40 feet along the east line of the west 1/2 of the SE 1/4 of said Section 32 to the true point of beginning; thence continuing S 01° 48' 29" W 136.26 feet along the east line of the S!1 1/4 of the SE 1/4 of said Section 32 to the SE corner of the SW 1/4 of the SE 1/4 of said Section 32; thence N 89° 43' 26" U 6.18 feet along the south line of the SW 1/4 of the SE 1/4 of said Section 32 to a fence line as built and in place; thence N 04° 24' 02" E 136.56 feet along said fence line to the true point of beginning, containing 0.010 acres more or less. EXHIBIT A 823 BLAKE AVENUE / P.O. BOX 669 / GLENWOOD SPRINGS, COLORADO 81601 / 303-945-8596 29 December 1981 Job No. 81341 LEGAL DESCRIPTION - Quit Claim Deed, 4.798 Acre Parcel A parcel of land situate in the south half of Section 32, Township 6 South, Range 88 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at the south quarter corner of said Section 32; thence along the east line of the SW 1/4 of said Section 32, N 02° 22' 30" E 1309.47 feet to the NE corner of the SE 1/4 of the Sl! 1/4 of said Section 32; thence along L;,e north line of the south 1/2 of the SW 1/4 of said Section 32, ;s 88° 54' 34" 41 2560.91 feet to the northwest corner of the SW 1/4 of the SW 1/4 of said Section 32; thence along the west line of the SW 1/4 of said Section 32, N 03° 10' 51" E 7.36 feet to a point on a fence line as -built and in place; thence along said fence line N 39° 43' 23" E a distance of 2725.52 feet to a fence corner; thence S 09° 03' 54" I4 1395.04 feet along said fence line to the poir-t of beginning, containing 4.798 acres more or less. EXHIBIT D OFFICES: GLENWOOD SPRINGS • RIFLE • DURANGO STA OF C ) SS. ,-,--COUNTY OF Lt •- . ' The foregoing inst_rument was acknowledged before ci£14brA▪ aafy7 1982, by Carolyn Kindall. • B o / / OF coN...(1 ... ,33 NOTARY PUBLIC 715 ADDRESS: A -- ti 2- y •i:/- -7 BonK G.1,4 P:AGS.1. 2 / this STATE OF c. .. N `. Raritri -.PF • foregoing instrument was acknowledged before me this 2_ / CTA - >4-Tis-Lif Ily-•:..1,zi•rlx; 1982, by Virgil Kindall. cPrn•-14s11°11',' 2t.:!), ISS6 NOTARY PUBLIC cP CZ' ADDRESS: • L1.! - 4,-1,-; • ) SS. " ) STATE OF , • . ) SS. . . CO OF, ,.../.?,,, . , ...,,,•:....1... ........ .0....1.<-„,,,,, . --" t :' •:',,•'' .... •.f he foregoing instrument was acknowledged before rre this Z / ' tlf I . : -4-Eta-cr oft":'-er-412-L-y, ;1982, by Harold Kindall. 1:-..-71.,:"••..kly..c*.n.itsion bexpires: -7-)A,1- k. c-----/ck---6/ :-_, , •... p , ,, „ ., L ,%•;',-.. a l-. ...0 NOTARY PUBLIC My Corr.1:.:cn Npi:cs July 27,1985 ,...,. • ADDRESS: *sc. 1 LI 2 ci a-2,, j — OF STATE c.„...--6( ,) _ cr e -ii.-- .ss.,.„' , qouNty:::.....,-;,:., 7 ,..,_:.,)`" - -1-4-L1.---t )) ss •-Z7--,-,-----7 : . -- • • v."-- , - • . , ,-, ..-.., I / * f k\ OTA 0)...*.ji 'Er foregoing instrt.ur.er.t was acknowledged before me this 72- 1 4-g-f...i.F-eL:::?1,,t'ia.L-H'—i-; 1962, by Wilnte_r Kindall. sion expires: ''..,, 0 r, ....-..- ,• (-1`!`;---- NOTA..1 PUBLIC , ADDRE'SS: yi2i • • STATE' OF A ) A ) COUNT=' .C..... •. • cz): OTA/ } ,S p DLG p%;: Zyr oomniWpn expires: SS. hOO( 614 NcF.6S foregoing instrument was acknowledged before me this J 1982, by Keith Kindall. STATE OF —titfr.Fti SS. J ) 2 NOTARY PU ADDRESS: foregoing instrunent was acknowledged before rre this . AU axCmf.' v-ruary, 1982, by Evanci Kindall. p rN %;,oexiraission expires: My CoTmsrion Expires Jury 2i 1936 STATE OF C C � ) NOTARY PUBLIC ADDRESS: / 9 2 j`l C o c�•r "7 ) SS. QF\ ) 0 The foregoing instrument was acknowledged before rre this o- ! '•''11. qf' o }?r 100 by Tarry Kindall. lC @2y cctnnission expires: 'M C STATE OF COLORADO COUNTY OF GARFIELD ) )ss NOTARY PUBLIC ADDRESS: i/ 1 y �Ee''foi oing instrument was acknowledged before me this 26tOt'Oct ber, 1962, by LINDA MURR. Notary Pubic ,�: .% Address: 1011 Grand Avenue Glenwood Springs, CC 81601 My comrii'Ssion expires: June 10, 1984. \ • Recorded at 0.•C\•) y'chock (1_ M., U ��yj' 1`_+ 3L - (}il::x 61.4 Nf.E(11/ . �y31y! 4 - � itCfif.: _ . t �"'_ _ Recorder. Reception Nu. �J - -- �--� 'I'll IS )1:1-; 9, Made this between Keith Kindall day of February .1982 , of the County of Garfield Colorado, of the first part, and IWS AMIGOS RANCH PARTNERSHIP whose legal address is and ::tate of RECORDER'S STAMP DEC 1.1 1982 Slat L_c. t co of the County of and state of Colorado. of the second part. • WITNESSETH, That the said part y of the first part, for and in consideration of the sum of DOLI.:1i!S. l'EN DOLLARS AND (X1(112 GOOD AND VALUABLE CONSIDERA'1ICN the second part. the receipt whereof to the said part y of the first part in hand paid by the said part y of is hereby confessed and acknowledged, ha s remised, released, sold. conveyed and QUIT CLAIMED, and by these presents does remise. release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns. forever. all the right. title, interest. claim anal denuurd which the said part , of the first part has in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to wit: SEE ATTACHP.D EXHIBITS A and B . also known as street and number TO HAVE AND TO HOLD the sante, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate. right, title, interest and claim wluticoe ver, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part,itS heirs and assigns forever. IN WITNESS WHEREOF. The said part y of the first part ha S hereunto set his hand and seal the day and year first above written. •' C � !SEAL( i' Signe�/S�a}�i r nal Delivetled in the Presence of KI H KINDALL (SEa14 ISFAII iSTATEOF7�(71w ff , S. . 1 nn j c a9. _`.�:Countyof &V.C14at1Q The foregoing instrument was acknowledged before me this 5 day of My commission expires. ,19 . Witness my' hand and official seal. GC -- No. 933.qui rCLAIM ucEl, a,,,ti.,tt,i.i„e,,,,. .•w no r„ i,t,...a Nota,, 823 BLAKE AVENUE / P.O. BOX 669 / GLENWOOD SPRINGS, COLORADO 8160,1 / 303.945.8596 • • aOOX 611 mEFi s E; 29 December 1931 Job No. 81341 LEGAL DESCRIPTION - Quit Claim Deed, 4.798 Acre Parcel A parcel of land situate in the south half of Section 32, Township 6 South, Range 83 hest of the 66th Principal Meridian, being more particularly described as follows: Beginning at they south curter corner of said Section 32; thence along the east line of the W 1/4 of said Section 32, '1 02° 22' 30" E 1309.47 feet to the NE corner of the SE 1/4 of the 5tJ 1/4 of ,aid Section 32; thence along L;ie north line o` the south 1/2 of the SW 1/4 of said Section 32, (; 83° 54' 34" 11 2560.91 feet to the northwest corner of the SW 1/4 of the SU 1/4 of said Section 32; thence along the west line of the S8 1/4 of said Section 32, 03° 10' 51" E 7.36 feet to a point on a fence line as -built and in place; thence along said fence line N 090 43' 23" E a distance of 2725.52 feet to a fence corner; thence S 09° 03' 54" 41 1395.64 feet along said fence line to the poit of beginning, containing 4.798 acres more or less. EXHIJJIT '3 OFFICES C'_ENWOOD SPRINGS • RIFLE • DURANGO 1 1 1 29 December 1981 ' ¢ o Job No. 81341 cn c o z o Q J 1 0 ° LEGAL DESCRIPTION - Quit Claim Peed, 4.798 Acre Parcel A parcel of land situate in the south half of Section 32, Township 6 South, Range 88 West of the 6th Principal Meridian, being more 1 a particularly described as follows: w � o o Beginning at the south quarter corner of said Section 32; thence along the east line of the SW 1/4 of said Section 32, N 02° 22' 30" E 1309.47 feet to the NE corner of the SE 1/4 of the SW 1/4 of said 1 z Section 32; thence along the north line of the south 1/2 of the z SW 1/4 of said Section 32, N 83° 54' 34" W 2560.91 feet to the northwest corner of the SW 1/4 of the SW 1/4 of said Section 32; thence along the west line of the SW 1/4 of said Section 32, N 1 F x 03° 10' 51" E 7.36 feet to a point on a fence line as -built and om in place; thence along said fence line N 39° 43' 23" E a distance of 2725.52 feet to a fence corner; thence S 09° 03' 54" W 1395.04 feet along said fence line to the point of beginning, containing 1 w 4.798 acres more or less. z z w 1 1 1 1 1 EXHIBIT B ELDORADO ENGINEERING COMP! 823 BLAKE AV OFFICES: GLENWOOD SPRINGS • RIFLE • DUHANGO 1 EXHIBIT "B" • - • BYLAWS OF LOS AMIGOS RANCH HOMEOWNER'S ASSOCIATION, INC. (A Colorado Non -Profit Corporation) ARTICLE I Offices The principal office of the Corporation in the State of Colorado shall be located in Garfield County, Colorado. The Corporation may have such other offices within the State of Colorado as the Board of Directors may determine or as the affairs of the Corporation may require from time to time. The Corporation shall have and continuously maintain in the State of Colorado a registered office and a registered agent whose office is identical with such registered office as required by the Colorado Non -Profit Corporation Act. The registered office in the State of Colorado, and the address of the registered office may change from time to time by the Board of Directors. ARTICLE II Homeowners' Association Section 1. General Purposes and Powers. Los Amigos Ranch Homeowners' Association has been formed and incorporated as a Colorado corporation not for profit to be and constitute the Association to which reference is made in this Declaration, to perform functions and hold and manage property as provided in this Declaration and to further the common interests of all owners of property or particular groups of owners of property which may be subject, in whole or in part, to any or all of the provisions, covenants, conditions and restrictions contained in this Declaration. The association shall be obligated and shall assume and perform all functions and obligations imposed on it or contemplated for it under this Declaration and any similar functions or obligations imposed on it or contemplated for it under any Supplemental Declaration with respect to any Property now or hereafter subject to this Declaration. The Association shall have all powers necessary or desirable to effectuate these purposes. Section 2. Property Maintenance Function. The Association shall be obligated to and shall accept title to any real property or interest therein, including improvements thereon or to any personal property or equipment granted or furnished by Los Amigos Ranch Partnership to the Association and, with respect to any such property and to any other property acquired and held by the Association shall be obligated to and shall pay all taxes and assessments of whatever nature relating to any of said property; adequately and fully insure all of said property against casualty loss as hereinafter provided; provide for the best and highest quality care, operation, management, maintenance, repair and replacement of the same; remove snow from the same as necessary for their customary use and enjoyment; maintain plants, trees and shrubs provided or existing thereon; maintain lighting pro- • • vided or existing thereon; and maintain roads, walks, drives and irrigation ditches and/or structures provided or existing thereon. Section 2(a). Operation and Maintenance of Individual Sewage Disposal System. (1) Los Amigos Ranch Homeowners' Association (LARHA) will conduct an annual inspection of the sep- tic tank to determine sludge levels within the tank. Inspections will be conducted by contract with the Spring Valley Sanitation District (SVSD); (2) LARHA will prepare an inspection form/report for the individual homeowner indicating the sludge levels found in the tank, recommendations to the homeowner on preventative maintenance, tank pumping, or scheduled maintenance and sum- marizing any additional observations made during the inspection; (3) Costs for inspections will be borne by LARHA; costs for main- tenance and operation will be the responsibility of the homeowner; (4) Owners will be responsible for access to the tank site as well as maintenance of an inspection port at least 24" in diameter; in the event of access problems LARHA will notify the owner and ask for the problems to be remedied within 48 hours. If owner does not provide access they are in violation of the LARHA Master Declaration of Protective Covenants. Section 3. Road and Easement Maintenance Function. The Association may provide for the care, operation, management, maintenance, repair and replacement of all public and private roads, streets, lanes, avenues, courts and circles which shall be deemed appropriate by the Association in supplement to the ser- vice provided in relation thereto by the public road maintenance function of Garfield County, Colorado, or other governmental entity succeeding thereto; of all skiing equestrian or other easements established or provided for some or all owners of any property which may be made subject to this Declaration; and of any and all drainage easements and drainage pipes or facilities within the same which may be established or provided with respect to any property which may be made subject to this Declaration. Maintenance shall include the removal of snow to the extent necessary to assure full use of any private streets, lanes, ave- nues, courts and circles. These obligations shall be obligations of the Association without the regard to whether or not the Association has any right, title or interest in any of the foregoing. Section 4. Television Function. The Association may obli- gate itself to pay a fair share of the costs and expenses of any system provided in the Los Amigos Ranch area in Garfield County, Colorado, by a suitable areawide, non-profit organization to assure suitable and adequate television reception in the area through a television booster, translator or cable system. Section 5. Insurance Function. The Association shall be obligated to and shall obtain and keep in full force and effect at all times at least the following insurance coverage: The Association shall obtain casualty insurance with respect to all insurable property of the Association, insuring the full replace- ment value thereof, including coverage for fire and extended coverage, vandalism and malicious mischief and war risk coverage if available and if deemed appropriate by the Association. The Association shall obtain broad form comprehensive liability (2) • • coverage, covering both public liability and automobile liabil- ity, with limits of not less than $500,000.00 for each person and not less than $1,000,000.00 for each occurrence and with property damage limits of not less than $500,000.00 for each accident. All insurance may contain such deductible provisions as good business practice may dictate. All insurance shall name the Association, shall name Los Amigos Ranch as an additional insured and shall, to the extent reasonably possible, cover each owner of property now or hereafter subject to this Declaration without any such owner necessarily being specifically named. The Association shall provide Los Amigos Ranch, upon request, with certificates evidencing such insurance and copies of the insurance policies. Section 6. Ri ht to Make Rules and Regulations. The Association shall be authorized to and shall have the power to adopt and enforce rules and regulations to regulate use of any and all facilities and property of the Association to assure fullest enjoyment and use by the persons entitled to enjoy and use the same, which rules and regulations shall be consistent with this Declaration. The Association may provide for enforce- ment of any such rules and regulations through reasonable and uniformly applied fines and penalties including the exclusion of violators from property, facilities, privileges and activities of the Association or otherwise. Each owner of any property which may be subject to this Declaration and such owner's guest and invitees shall be obligated to comply with and abide by any such rules and regulations. Section 7. Reserved Rights with Respect to Property Furnished by Los Amigos Ranch Partnership. Any real property or interest in real property furnished by Los Amigos Ranch Partnership to the Association may be and shall be deemed con- veyed, granted or furnished subject to then existing easements for utilities, including gas, electricity, water, sewer, telephone, television and intercommunication, alarm or other systems; easements for drainage and drainage facilities; ease- ments for public or private equestrian and hiking trails and facilities; easements for ingress and egress and access for the benefit of any property, whether or not subject to this Declaration; and shall be deemed subject to and deemed accepted by the Association subject to an exception and reservation by Los Amigos Ranch, whether or not expressed at the time, of the right, power and authority to thereafter create and grant any such ease- ments and to enter upon and further improve or develop any such property, at its own cost and expense, for the benefit of the Association or any of the owners of property which may be subject to this Declaration. Section 8. No Sale or Abandonment of Property Furnished by Los Amigos Ranch Partnership. No real property or interest in real property conveyed, granted or furnished by Los Amigos Ranch to the Association may be, and any such real property or interest (3) • • therein shall be deemed, conveyed, granted or furnished, whether or not expressed in the deed or instrument of conveyance or grant, on and subject to the condition that it shall not be sold, conveyed, leased, transferred, abandoned or disposed of by the Association without the written consent of Los Amigos Ranch Partnership. No improvements on real property granted or fur- nished by Los Amigos Ranch Partnership to the Association may be destroyed, permitted to deteriorate or waste or disposed of by the Association without the written consent of Los Amigos Ranch Partnership unless a suitable and adequate replacement or substi- tute is constructed, purchased or acquired by the Association which replacement or substitute shall be deemed to be property furnished by Los Amigos Ranch Partnership. Section 9. No Commercial Enterprise on Property Furnished by Los Amigos Ranch Partnership. Except for isolated and occa- sional activities, normally classified as organized civic events, charitable benefits or fund raisers, and the rental of dwelling units for the occupancy and use intended, no real property or interest in real property, including improvements thereon, and no personal property or equipment granted or furnished by Los Amigos Ranch Partnership to the Association shall be used or operated by the Association or by any other person or entity for commercial use, profit or gain without the written consent of Los Amigos Ranch Partnership and no charges shall be imposed by the Association for use of property or facilities granted or fur- nished by Los Amigos Ranch Partnership to the Association without written consent of Los Amigos Ranch Partnership. Section 10. Charges for Use of Facilties. Subject to the provisions of this Declaration requiring the consent of Los Amigos Ranch Partnership with respect to property or facilities furnished by Los Amigos Ranch Partnership to the Association, the Association may establish reasonable and uniformly applied charges for the use of property and facilities of the Association to assist the Association in off -setting the costs and expenses of the Association attributable thereto. Section 11. Right to Dispose of Property. Subject to the provisions of this Declaration requiring the consent of Los Amigos Ranch Partnership with respect to property furnished by Los Amigos Ranch Partnership to the Association, the Association shall have full power and authority to sell, lease, grant rights in transfer, abandon or dispose of any property or facilities owned or held by the Association. Section 12. Governmental Successor. Any property or fac- ility owned or held by the Association and any function or act- ivity required to be performed by the Association under the terms of this Declaration may be turned over to a governmental authority which is willing to accept and assume the same upon such terms and conditions as the Association shall deem to be (4) • • apppropriate with the written consent of Los Amigos Ranch Partnership. Section 13. Owner's Enjoyment of Functions and Facilities. Each owner of any property which may be subject to this Declaration and such owner's guests and invitees shall be entitled to use and enjoyment of all property, property interests, and facilities owned or held by the Association of all functions and activities undertaken by the Association subject to such reasonable and uniformly applied rules and regulations which the Association may adopt to assure the fullest and best possible use and enjoyment of the same by all persons entitled thereto and subject to such reasonable and uniformly applied charges which the Association may, subject to the other provisions of the declara- tion, impose to offset costs and expenses in connection therewith. Section 14. Implied Rights of Association. The Association shall have and may exercise any right or privilege given to it expressly in this Declaration or, except to the extent limited by the terms and provisions of this Declaration, given to it by law, and shall have and may exercise every other right or privilege or power and authority necessary or desirable to fulfill its obliga- tions under this Declaration, including, without limiting the generality of the foregoing, the right to engage necessary labor and acquire use of or purchase necessary property, equipment or facilities; employ personnel necessary to manage affairs of the Association; and obtain, and pay for, legal, accounting and other professional services as may be necessary or desirable. Section 15. Indemnification. The Association shall be obligated to and shall indemnify Los Amigos Ranch Partnership and hold it harmless from all liability, loss, cost, damage and expense, including attorneys' fees, arising with repsect to any operations of the Association or any property of the Association including property granted or furnished to the Association by Los Amigos Ranch Partnership. Section 16. Regular Membership. There shall be one Regular Membership in the Association for each Single Family Lot, each RR Lot and each Multiple Family Tract prior to construction of improvements thereon, and each Dwelling Unit on a Multiple Family Tract after construction of improvements thereon, and for each parcel of property under any land classification designation specified in any Supplemental Declaration; and, each such Membership shall be appurtenant to the fee simple title to such Single Family or Multiple Family Tract, RR Lot Dwelling Unit or other parcel of property shall be deemed the owner or owners of the Regular Membership appurtenant to that property and title to and ownership of the Membership for the property shall automati- cally pass upon transfer of fee simple title to that property. Each owner or owners of a Single Family Lot, RR Lot, Multiple (5) • • Family Tract, Dwelling Unit or other parcel of property as afore- said shall be at all times entitled to the benefits and subject to the burdens and obligations relating to the Regular Membership for such property. If fee simple title to a Single Family Lot, RR Lot, Multiple Family Tract, Dwelling Unit or other parcel of property, as aforesaid, is held by more than one person or entity, jointly or in common, the Regular Membership and benefit burdens apprutenant to the property and membership shall be shared by all such persons or entities in the same proportionate interest and by the same type of owernship in which fee simple title to that property is held; PROVIDED, HOWEVER, that for pur- poses of voting, where undivided interests are as held by more than one person, one person shall be designated to vote the entire interest entitled thereto. Such designation shall be in writing signed by the designor(s), and shall be effective until revoked by writtn signed instrument. Membership in the Association shall be limited to owners of Single Family Lots, RR Lots, Multiple Family Tracts, Dwelling Units or other parcels of property as aforesaid except as hereinafter specifically provided with respect to the Special Membership of Los Amigos Ranch Partnership. The term Member as used herein shall mean a Special Member as well as a Regular Member. Section 17. Los Amigos Ranch Special Membership. Los Amigos Ranch Partnership shall, at all times, have and be deemed to hold, in addition to any Regular Memberships it may hold by virtue of its ownership of unsold Lots and/or Multiple Family Tracts, a Special Membership in the Association without regard to whether Los Amigos Ranch Partnership is the owner of a Single Family Lot, RR Lot, Multiple Family Tract, Dwelling Unit or other parcel of property. As the holder of this Special Membership, Los Amigos Ranch Partnership shall be entitled to notice of all meetings of Regular Members of the Association and shall be entitled to speak and be heard at any such meetings and shall have the vote of one regular membership on all matters submitted to a vote of Regular Members. As the holder of this Special Membership, Los Amigos Ranch Partnership shall also have the power and authority to designate sixty percent (60%) of the mem- bers of the Board of Directors of the Association until the fourth annual meeting of the Regular Members of the Association and for four years thereafter; the power and authority to designate forty percent (40%) of the members of the Board for the following three years; and the power and authority to designate at least one member of the Board of the Association for the following 10 years, such designations to be made at least annually and immediately following election of Board members of the Board by Regular Members of the Association. As holder of the Special Membership, the approval of Los Amigos Ranch Partnership shall be required as a condition to merger, con- solidation of dissolution of the Association. Except as herein stated, Los Amigos Ranch Partnership , as the holder of this Special Membership shall have no other rights and be subject to no other obligations by reason of such Special Membership. (6) • • Section 18. Board of Directors. The affairs of the Association shall be managed by a Board of Directors as provided for in the Articles of Incorporation of the Association which may, however, delegate any portion of its authority, by resolu- tion, to an executive Committee, or to an Executive Manager or Director for the Association who shall be paid reasonable compen- sation as shall be established by the Board of Directors. Members of the Board of Directors, other than those designated by Los Amigos Ranch Partnership, shall be elected annually by the Members as hereinafter provided. Members of the Board of Directors shall be entitled to such reasonable compensation for the performance of their duties as shall from time to time be determined by vote of the Board to be appropriate. So long as Los Amigos Ranch Partnership shall have the right to appoint forty percent (40%) or more of the members of the Board of Directors of the Association, the said Board of Directors shall be vested with absolute control of the Association's budgets to be established from time to time. Section 19. Voting of Members. Each Regular Member shall have one vote for each Single Family Lot, RR Lot, or Multiple Family Tract prior to construction of improvements thereon, and for Dwelling Unit owned by that member on a Multiple Family Tract after construction of improvements thereon, and each parcel of property under any other land classification designation spe- cified in a Supplemental Declaration, the election of members of the Board of Directors of the Association, other than members to be designated by Los Amigos Ranch Partnership, and in all other matters submitted to the vote of Regular Members. In all voting by Members, cumulative voting and voting by Proxy shall be allowed and permitted. Section 20. Notices to Members. Los Amigos Ranch Partnership, as the holder of a Special Membership, and each regular Member shall be entitled to not more than sixty (60) days and not less than thirty (30) days notice of all meetings in which a vote of Members is to be taken and of the amount of all assessments which the Member is obligated to pay. Notice shall be considered given when written notice is under the name and address for the Member furnished by the Member to the Association and, in any event shall be deemed given when the Member actually receives notice. If a Member fails to furnish a name or address to the Association to which notices may be mailed, the Association shall be entitled to give notice by mail, telegraph or delivery of a written notice to the address of such Member's property, addressed "Care of Owner." Section 21. Certificate of Incorporation and By -Laws. The pruposes and powers of the Association and the rights and obliga- tions inherent in membership set forth in this Declaration may and shall be amplified by provisions of the Certificate of Incorporation and By-laws of the Association, including any reasonable provisions with respect to quorum required at meetings (7) of Members and with respect to other corporate matters, but no such provisions may be, at any time, inconsistent with any provi- sion of this Declaration. Section 22. Member's Obligation to Pay Assessments and Other Amounts. Los Amigos Ranch Partnership, with respect to all property which may now or hereafter by subject to this Declaration, hereby covenants and each owner of any such property or any right, title or interest therein, whether or not it be so expressed at the time of acquisition of such right, title or interest, shall be deemed to covenant and agree with each other and with the Association to pay to the Association assessments as provided in this Declaration and such reasonable and uniformly (as provided in Section 23 hereof) applied charges for the use of Association facilities which may be established by the Association as provided in this Declaration and such reasonable and uniformly applied fines and penalties imposed for violation of rules and regulations adopted by the Association as provided in this Declaration. Section 23. Assessments. Each Member of the Association shall be obligated to pay and shall pay to the Association at least annually, an amount which shall be levied on the basis of Single Family Lot. Los Amigos Ranch Partnership reserves the right to establish the formula or basis for assessment against each parcel of property under any other land classification designation established by a Supplemental Declaration provided the same shall be equitable, in its reasonable opinion, to each member of the Association. The total amount required to be raised by assessment shall be determined as provided in the sec- tion of these By -Laws entitled Determination of Total Amount of Assessments. Section 24. Determination of Total Amount of Assessments. The total amount required to be raised by assessments for the Association shall be determined at least annually in accordance with the following procedure. The Board of Directors of the Association shall prepare a budget, covering at least a one-year period, showing, in reasonable detail, the various functions and matters proposed to be covered by the budget, showing the esti- mated costs and expenses of such functions or matters, showing the estimated income and other funds which may be received by the Association, and showing the estimated total amount of assessments required to cover costs and expenses and to provide a reasonable reserve; shall call a meeting of the Members and give not more than sixty (60) days and not less than thirty (30) days notice of the time and place thereof to all such Members; and shall furnish a copy of the budget to all such Members not more than sixty (60) days or less than thirty (30) days prior to such meetings. The total amount to be raised by assessments shall be that amount necessary to cover the costs and expenses of functions required to be undertaken or performed by the Association under this Declaration and to fulfill any and all (8) • • long-term or continuing commitments of the Association made in connection with or contemplated under any previously approved budget plus such additional amount, if any, determined or approved by the majority of the Members either at or after such meeting. The Association shall, except as emergencies may require, make no commitment or expenditures in excess of the funds reasonably expected to be available to the Association; PROVIDED, HOWEVER, anything herein to the contrary notwithstanding, there may by virtue of this provision alone be a special assessment in an amount sufficient to meet any sums payable by the Association to the supplier of water service for the additional treatment facilities for the benefit of the Association. Said special assessment shall be due and owing by Association members within sixty (60) days of the date upon which the Association becomes liable to the water supplier. The individual dwelling Unit assessment hereunder shall be determined annually by the Board of Directors. Section 25. Approval of New Functions or Facilties. Prior to acquisition of a new facility, except from Los Amigos Ranch Partnership, or undertaking a new function (a new facility or new function being hereby defined as a facility of function not inci- dental to or reasonably required in connection with a then existing facility, or the performance of an existing function, and not a replacement of an exisiting facility); and prior to acquisition of any facility costing in excess of $5,000.00 not included in an approved budget; and prior to making a commitment with respect to any of the foregoing, the Board of Directors of the Association shall estimate the initial costs and subsequent income, cost and expenses of the facility or function; shall fur- nish a copy of its estimate to all Members; shall call a meeting to discuss the same and give not more that sixty (60) days and not less than thirty (30) days written notice thereof to all Members; and shall, at or after such meeting, obtain the approval of sixty percent (60%) of the Members, and the written consent of Los Amigos Ranch. Section 26. Lien for Assessments and Other Amounts. The Association, its successors in interest and/or assigns, shall have a lien against each parcel of property which may be subject to this Declaration to secure payment of any assessment, charge, fine, penalty or other amount due to the Association from the owner of that property which is not paid, plus interest from the date of demand for payment at the rate of two percent (2%) above prime at the Colorado National Bank per annum, plus all costs and expenses of collecting the unpaid amount, including reaso- nable attorneys' fees. The lien may be Foreclosed in the manner for foreclosure of mortgages in the State of Colorado. The priority of the same may be perfected by recording a lien state- ment in the office of the Clerk and Recorder of Garfield County, Colorado, against the property affected. (9) • • Section 27. Personal Liability of Member. The amount of any assessment, charge, fine or penalty payable by a Member shall be a joint and several personal obligation to the Association of the persons or entities who constitute the Member at the time the amount was payable, their heirs, personal representatives, suc- cessors and assigns and may be recorded together with reasonable attorneys' fees by a suit for a money judgment by the Association without foreclosing or waiving any lien securing the same. Section 28. Liability of Purchasers and Encumbrances. A purchaser of any property subject to this Declaration shall be jointly and severally liable with the seller of the property for all unpaid assessments, charges, fines or penalties with respect to the owner of the property, or the Membership appurtenant thereto which had accrued or were payable at the time of the grant or conveyance of the property to such purchaser, without prejudice to such purchaser's right to recover any of said amounts paid by the purchaser from the seller. No holder of a lien or encumbrance on any property shall be personally liable for any such assessment, charge, fine or penalty and the lien for such assessments, charges, fines, or penalties shall be junior to any lien or encumbrance on any property taken or acquired in good faith and for value without notices and perfected by recording prior to the time a notice of failure to pay any such amount is recorded in the office of the County Clerk and Recorder of Garfield County, Colorado. Section 29. Estoppel Certificate. Upon payment of a reaso- nable fee and upon written request of any person with an interest in any property subject to this declaration or intending to acquire an interest in such property, the Association shall fur- nish a written statement setting forth the amount of any unpaid assessments, charges, fines or penalties, if any, with respect to the owner of the property or the Membership appurtenant thereto and the amount of the current yearly assessments with respect to the property, which statement shall be conclusive upon the Association ARTICLE III MEETINGS OF MEMBERS Section 1. Regular Meetings. An annual meeting of the mem- bership shall be held following the adjournment of the first annual meeting of the Los Amigos Ranch Homeowner's Association, Inc. on the second Thursday in September in each year beginning with the year 1986, for the purpose of electing Directors and for the transaction of such other business as may come before the meeting. If the day fixed for the annual meeting shall be a legal holiday in the State of Colorado, such meeting shall be held on the next succeeding business day. (10) • • If the election of Directors shall not be held on the day designated herein for any annual meeting, or at any adjournment thereof, the Board of Directors shall cause the election to be held at a special meeting of the members as soon thereafter as conveniently may be. Section 2. Special Meetings. Special meetings of the mem- bers may be called by the President, the Board of Directors, or not less than forty percent (40%) of the members having voting rights. Section 3. Place of Meeting. The Board of Directors may designate any place as the place of meeting for any annual meeting or for any special meeting called by the Board of Directors. Section 4. Notice of Meeting. Except as a greater period is specified in these Bylaws, each owner shall be entitled to at least 30 days notice of any meeting at which such owner has the right to vote. Notices of meetings shall be in writing and shall state the day, time and place of the meeting and shall indicate each matter to be voted on at the time notice of the meeting is given. Any notice shall be deemed given and any information or material shall be deemed furnished or delivered to a party at the time a copy thereof is deposited in the mail or at a telegraph office, postage or charges prepaid, addressed to the party, and in any event, when such party actually received such notice, information or material. Any notice, information or material shall be deemed properly addressed to an owner if it is addressed to the name and address shown on the Association's registered address form to be completed by such owner and furnished, to the Association or, if a name and address is not so furnished if it is addressed "Care of Owner" at the address of such owner's property. Section 5. Record Date. The Board of Directors of the Association shall have the power to fix in advance a date as a record date for the purpose furnished with any budget or other information or material, or in order to make a determination of owner for any purpose. The owner existing on any such record date shall be deemed the owner for any purpose. The owner existing on any such record date shall be deemed the owner for such notice, vote, meeting, furnishing of information or material or other purpose and for any supplementary notice, or information or material with respect to the same matter and for any adjourn- ment of the same meeting. A record date shall not be more than fifty (50) days prior to the date on which the particular action requiring determination of owner is proposed or expected to be taken or to occur. If no record date is established for a meeting, the date on which the notice of such meeting is first given to any owner shall be deemed the record date for the meeting. • • Section 6. Quorum. The members holding 25% of the votes which may be cast at any meeting shall constitute a quorum at such meeting. If a quorum is not present at any meeting of mem- bers, a majority of the members present may adjourn the meeting from time to time without further notice. Section 7. Manner of Acting. A majority of the votes entitled to be cast on a matter to be voted upon by the members present or represented by proxy executed in writing by the member or his duly authorized attorney-in-fact at a meeting at which a quorum is present shall be necessary for the adoption thereof unless a greater proportion is required by law or by these Bylaws. Section 8. Voting by Mail. Elections for directors or officers may be conducted by mail in such manner as the Board of Directors shall determine. ARTICLE IV Board of Directors Section 1. Powers and Duties. The affairs of the cor- poration shall be managed by its Board of Directors. The Board shall have the powers and duties necessary for the administration of the affairs of the corporation and for the operation and main- tenance functions. Such powers and duties of the Board shall include, but shall not be limited to, the following: (a) To administer and enforce the covenants, conditions, restrictions, easements, uses, limitations, obligations and all other provisions set forth in the Declarations concerning the property and the Bylaws of the corporation and supplements and amendments thereto. (b) To establish, make and enforce compliance with such rules and regulations as may be necessary for the operation and maintenance functions with the right to amend same from time to time. A copy of such rules and regulations shall be delivered or mailed to each member upon the adoption thereof. (c) To make special assessments whenever in the opinion of the Board it is necessary to do so, or propose to the membership special assessments, in order to make capital expenses, or because of emergencies of obsolescence, subject to the provisions set forth in the Declarations. (d) To collect delinquent special assessments by suit or otherwise and to enjoin or seek damages from an owner as is pro- vided in the Declarations. (e) To protect and defend in the name of the corporation any part or all of the association's property from loss and damage by suit or otherwise. (12) • • (f) To borrow funds in order to pay for any expenditure or outlay required pursuant to the authority granted by the provi- sions of the recorded Declaration and these Bylaws, and to exe- cute all such instruments evidencing such indebtedness as the Board may deem necessary and give security therefor. Such in- debtedness shall be the several obligation of all of the owners. The persons who shall be authorized to execute promissory notes and securing instruments shall be the President and Secretary or Assistant Secretary. (g) To enter into contracts to carry out their duties and powers. (h) To establish a bank account or accounts for the handling of special assessment funds and for all separate funds which are required or may be deemed advisable. (i) To make additions and improvements to the Association's property consistent with managing the same in a first-class manner and consistent with the best interests of the owners on its own initiative or upon the vote of the membership according to the limitations of the Declarations and these Bylaws. (j) To keep and maintain full and accurate books and records showing all of the receipts, expenses or disbursements and to permit examination thereof at any reasonable time by each of the owners. (k) To prepare and deliver annually to each owner a con- solidated statement showing receipts, expenses or disbursements since the last such statement. (1) To meet at least annually, beginning in 1986. (m) To manage the use of all parking areas under the control of the corporation, open spaces, and other property in common use (n) To decide, at is own initiative, or at the request of others, whether it or the association for the Los Amigos Ranch owners have responsibility over matters of concern not assigned by the Declarations or over matters assigned by the Declaration but subject to different reasonable interpretations. (o) To employ for the corporation a managing agent to exer- cise those duties and powers granted to it by the Board, but not those powers which the Board, by law, may not delegate. Section 2. Number, Tenure and Qualifications. The members of the initial Board of Directors shall serve until the first annual meeting of the members. Thereafter, the number of Directors shall be not less than four. At the first annual (13) • • meeting, the members shall first determine the specific number of Directors to be elected. Each Director shall serve for a term of one year and each Director shall hold office until his term expires or until his successor shall have been elected and shall qualify. Prior to the first regular annual meeting of the mem- bers a Director need not be a member. At the election of Directors at that meeting and thereafter only members of the Corporation may be Directors, except as provided by the Declarations. Section 3. Regular Meetings. The Board of Directors may provide by resolution the time and place for the holding of regu- lar meetings of the Board wihout other notice than such resolu- tion. Section 4. Special Meetings. Special meetings of the Board of Directors may be called by or at the request of the President or any two Directors. The person or persons authorized to call special meetings of the Board may fix any place as the place for holding any special meeting of the Board called by them. Section 5. Notice. Notice of any special meeting of the Board of Directors shall be given at least thirty days (30) previously thereto by written notice delivered personally or sent by mail or telegram to each Director at his address as shown by the records of the corporation. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail in a sealed envelope so addressed, with postage thereon prepaid. If notice be given by telegram, such notice shall be deemed to be delivered when the telegram is delivered to the telegraph com- pany. Any Director may waive notice of any meeting. The atten- dance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the pur- pose of, any regular or special meeting of the Board need be spe- cified in the notice or waiver of notice of such meeting, unless specifically required by law or these Bylaws. Section 6. Quorum. A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board, but less than a majority of the Directors present may adjourn the meeting from time to time without further notice Section 7. Manner of Acting. The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act or a greater number is required by law or by these Bylaws. (14) • • Section 8. Vacancies. Any vacancy occuring in the Board of Directors may be filled by the affirmative vote of a majority of the remaining Directors, though less than a quorum of the Board of Directors, subject to the provisions of the Declarations. A Director elected to fill a vacancy shall be elected for the unex- pired term of his predecessor in office. Section 9. Removal. A Director may be removed upon the affirmative vote of two-thirds of all members present and voting at any special meeting of members called for the purpose. Any director(s) appointed by Los Amigos Ranch pursuant to Article II, Section 17, shall be excluded from the provisions of this Section. Section 10. Compensation. Directors as such shall not receive any salaries for their services, but by resolution of the Board of Directors a fixed sum and expenses of attendance, if any, be allowed for attendance at each regular or special meeting of the Board, but nothing herein contained shall be construed to preclude any Director from serving the corporation in any other capacity and receiving compensation therefor. Section 11. Informal Action by Directors. Any action required by law to be taken at a meeting of Directors, or any action 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. Section 12. Notice of Rule Making. Any meeting of the Directors at which rules or regulations for the operation, use and occupancy are to be offered for adoption by the Board, or at which an amendment to any rule and regulation is to be proposed for adoption shall be preceded by notice in the manner set forth hereinbefore for notices. A copy of the proposed rule or regula- tion shall be attached to each notice. ARTICLE V Officers Section 1. Officers. The officers of the corporation shall be an Executive Manager or President, a Secretary, a Treasurer, and such other officers as may be elected in accordance with the provisions of this Article. The Board of Directors may elect or appoint such other officers, as it shall deem desirable, such officers to have the authority and perform the duties prescribed, from time to time, by the Board of Directors. Any two or more offices may be held by the same person, except the offices of President and Secretary. Section 2. Election and Term of Office. The officers of the corporation shall be elected by the Board of Directors at the regular annual meeting of the Board of Directors. If the elec- tion of officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be. New offices may be created and filled at any meeting of the Board of (15) • . Directors. Each officer shall hold office until his successor shall have been duly elected and shall have qualified. Section 3. Removal. Any officer elected or appointed by the Board of Directors may be removed by a vote of the Board of Directors wherever in its judgment the best interests of the cor- poration would be served thereby. Section 4. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by the Board of Directors for the unexpired portion of the term. Section 5. President. The Executive Manager or President shall be a member of the Board of Directors, shall be the prin- cipal executive officer of the corporation and shall in general supervise and control all of the business and affairs of the cor- poration. He shall preside at all meetings of the members and of the Board of Directors. He may sign, with the Secretary of any other proper officer of the corporation authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these Bylaws or by statute to some other officer or agent of the corporation; and in general he shall perform all duties incident to the office of the Executive Manager or President and such other duties as may be prescribed by the Board of Directors from time to time. Section 6. Vice President. In the absence of the President, or in the event of his inability or refusal to act, any Vice President (or in the event there be more than one Vice President, the Vice Presidents in the order of their election) shall perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restric- tions upon the President. Any Vice President shall perform such other duties as from time to time may be assigned to him by the President or by the Board of Directors. Section 7. Treasurer. If required by the Board of Directors, the Treasurer shall give a bond for the faithful discharge of his duties in such sum and with such surety or sure- ties as the Board of Directors shall determine. He shall have charge and custody of and be responsible for all funds and sure- ties of the corporation, receive and give receipts for monies due and payable to the corporation from any source whatsoever, and deposit all such monies in the name of the corporation in such banks, trust companies or other depositaries as shall be selected in accordance with provisions of Article VII of these Bylaws, and in general perform all the duties incident to the office of the Treasurer and such other duties as from time to time may be assigned to him by the President or by the Board of Directors. (16) 1 • Section 8. Secretary. The Secretary shall keep the Minutes of the meetings of the members and of the Board of Directors in one or more books provided for that purpose, see that all notices are duly given in accordance with provisions of these Bylaws or as required by law, be custodian of the corporate records and of the seal of the corporation and see that the seal of the cor- poration is affixed to all documents, the execution of which on behalf of the corporation under its seal is duly authorized in accordance with provisions of these Bylaws, keep a register of the post office address of each member which shall be furnished to the Secretary by such member and in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the Executive Manager or President or by the Board of Directors. ARTICLE VI Contracts, Checks, Deposits and Funds Section 1. Contracts. The Board of Directors may authorize any officer or officers, agent or agents of the corporation, in addition to the officers so authorized by this Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances but shall be subject to the provisions of the Declarations. Section 2. Checks, Drafts, etc. All checks, drafts or orders for the payment of money, notes or other evidences shall be signed by such officer of officers, agent or agents of the corporation and in such manner as shall from time to time be determined by the resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such instruments shall be signed by the President or a Vice President or the corporation. Section 3. Deposits. All funds of the corporation shall be depsoited from time to time to the credit of the corporation in such banks, trust companies or other depositaries as the Board of Directors may select. ARTICLE VII Books, Records and Account Statements The corporation shall keep correct and complete books and records of account and shall also keep Minutes of the proceedings of its members, Board of Directors and committees having at its registered or principal office a record giving the names and addressess of the members entitled to vote. All books and records of the corporation, may be inspected by a member -owner, their mortgagees, if applicable, and their agents at convenient weekday business hours. On ten days' written notice to the (17) 1 • Board of Directors and payment of the service fee specified hereinafter, the Treasurer of the corporation shall furnish to the requesting member a statement of his account setting forth the amount of any unpaid assessments or other charges due and owing from such member. ARTICLE VIII Indemnification of Officers and Directors The corporation shall indemnify every Director and officer, their respective successors, personal representatives and heirs, against all loss, costs and expenses, including counsel fees, reasonably incurred by him in connection with any action, suit or proceeding to which he may be made a party by reason of his being or having been a Director or officer of the corporation, except as to matters as to which he shall be finally adjudged in such action, suit or proceeding to be liable for gross negligence or willfull misconduct. In the event of a settlement, indem- nification shall be provided only in connection with such matters covered by the settlement as to which the corporation is advised by counsel that the person to be indemnified has not been guilty of gross negligence or willful misconduct in the performance of his duty as such Director or officer in relation to the matter involved. The foregoing rights shall not be exclusive of other rights to which such Director or officer may be entitled. All liability, loss, damage, cost and expense incurred or suffered by the corporation, by reason or arising out of, or in connection with the foregoing indemnification provisions, shall be treated and handled by the corporation as common expenses; provided, however, that nothing in this Article contained shall be deemed to obligate the corporation to indemnify any member -owner who is or has been a Director or officer of the corporation with respect to any duties or obligations assumed or liabilities incurred by him as an owner of a condominium unit under and by virtue of the Declaration ARTICLE IX Fiscal Year The fiscal year of the corporation shall begin on the first day of January and end on the last day of December in each year. ARTICLE X Seal The Board of Directors may provide a corporate seal which shall be in the form of a circle and shall have inscribed thereon the name of the corporation and the words "Corporate Seal." (18) 1 • ARTICLE XI Waiver of Notice Whenever notice is required to be given under the provisions of the Colorado Non -Profit Corporation Act or under the provi- sions of the Articles of Incorporation or the Bylaws of the cor- poration, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of notice. ARTICLE XII Amendment to Bylaws and Articles These Bylaws and the Articles of Incorporation may be altered, amended or repealed and new Bylaws and Articles of Incorporation may be adopted by two-thirds of the members of the corporation at any regular or special meeting, if at least thirty (30) days' written notice is given of the intention to alter, amend or repeal, or to adopt new Bylaws and Articles of Incorporation at such meeting, and the proposal or proposals are specifically set forth in such notice. The above Bylaws were approved and adopted by the Board of Directors of the corporation on the day of 1984 Secretary (19) 1 1 As always, we are available to answer questions.concerning the - study or offer additional interpretations of the information . generated. Sincerely, 1 SCHMUESER & ASSOCIA'TES, INC. Dea W Gordon Prin al Engineer DWG/sf 1 1 1 1 1 1 1 1 1 1 1 1 1 EXHIBIT "C" Ily 25, 1982 • • ilring Valley Sanitation District P 0. Box 1506 1e0od Springs, Colorado 81602 RE: "Flow Measurements 1 Treatment Facility ',1SCHMUESbR& ASSOCIATES, INC. 1 201 CENTENNIAL STREET SUITE 306 GLENWOOD SPRINGS, CO 81601 (303) 945-5468 Gentlemen: 11 your request, I have been monitoring the flow at the treatment facility to determine what the present flows are and to re- aluate the system capacity in terms of EQR's as.opposed to pre- 11ous estimates. This report deals specifically with the exist - i g and unbuilt apartment units as well as the proposed Los Ami - os Preliminary Plat. 11 sed on three weeks worth of weekday readings and•two week"end sets of readings the following results were cacula,ted: .Average 7 -day flow: 30,500 gpd • Average weekday flow: 37,000 gpd Average weekend day flow: •14,000. gpd. Because of the 20 day detention time of the system, the 7 -day and -day average is applicable for further treatment analysis. The stribution of flow rates indicates rather dramatically the ef- ct of the day CMC use on wastewater flows.. It also shows that there remains some wastewater contribution from CMC on weekends 1th to day use and dormatory and apartment use. ' The Service Plan estimated a 1979 CMC contribution of 32,000 gpd lid an average apartment contribution of 20,000 gpd for a total ow of 52,000 gpd. The facility has an actual design capacity of about 52,000 gpd, which means that only an enlargement of the f cility will provide more treatment capacity. Based on the ove assumption and assuming that CMC has had no increase in s udent population since then (if in fact there—Pias been an in- crease then this analysis is biased towards the conservative), J1e theoretical flow for CMC plus 48 apartinents should be 42,000 d. As stated above, the actual flow is about 30,500 pgd. 41 is obviously better.to use actual flow data then to use esti- Alted flows. The actual flow data shows that for CMC personnel and apartment dwellers, the EQR.rate is about•25% lower than pre- 11 ously assumed; another way of saying this is that there are 25% wer EQR represented by a given unit than previously estimated. This conclusion however cannot be extended to unbuilt single fam- • y residences until there is actual flow data available. The f Vowing table was constructed using the above f. -.t i d- t? : Unit CMC plus lF partments 48 additional apartments Flow 30,500 gpd. 7,800 gpd. 39 single family -units @- 350gpd/ EQR 13,650 gpd. Total 51,950 gpd. It should be pointed out that as the.non-CMC use of the facility increase, the difference between weekday and weekend flows .will decrease. This will have to be, verified by fl -ow recordings in the future. This does not however alter the fact that the actual flows are less than previously estimated flows. It is'therefore•concluded and recommended that: 1. The acutal average 7 -day flow is 25% less than estimated. 2. Based on actual flows to date, an estimated 39 single family units would be placed on the system, in addition to CMC and 96 apartment units, without exceeding the 52,000 gpd facili-ty capacity. 3. The District has the capacity in its existing treatment facility .to provide service' to the present needs of CMC, 96 apartment units, and Subdivision 2 of the Los Amigos Ranch P.U.D. please feel free to call me if you have any questions about the content -of the report. Sincerely, SCHNUESER & ASSOCIATES, INC., Dea Gordon, P.E. Prin,c -pal Engineer DWG/ead 11B1502A 1 1 1 1 November 10, 1982 tSpring Valley Sanitation District Box 1506 Glenwood Springs, CO 81602 RE: Flow Study Wastewater Treatment Facility' 1 1 1 1 1 1 1 1 1 1 1 1 1 Gentlemen: SCHNII,E 1 & ASSOCIATES, INC. 201 CENTENNIAL STREET SUITE 306 GLENWOOD SPRINGS, CO 81601 (303) 945.5468 At your request, we have monitored the wastewater flows at the treatment facility for the 4 -week period from September 23, 1982 to October 19, 1982. This flow monitoring has been done subse- quent to the study conducted in May of 1982 and summarized in my letter of May 25, 1982. The following'figures were developed from the study: Average daily flow 23,830 gpd Average weekday flow 23,900 gpd Average weekend flow 23,645 gpd Peak day flow 34,500 gpd Minimum day flow 17,900 gpd The study was done this fall to take into account what we under- stand to be the greatest annual student count at CMC and the probable maximum occupancy at Auburn' Ridge Apartments. To briefly review the procedure used to monitor the flows, a 900 V -notch weir has been installed just prior to the treatment facility but after combining of the wastewater flows from CMC and the Los Amigos area. A continuous readout of the flows was ob- tained using Model 1870 ISCO equipment; the readout is available if required. The totalizer was ready daily between 12:00 P.M. and 1:00 P.M. and recorded as the previous 24-hour daily flow (see graph attached). The equipment was also recalibrated each day if required to insure accurate results over the life of the study. The treatment facility has a design capacity of 52,000 gpd. The reserve capacity available during the study period is, therefore, approximately 28,000 gpd. As concluded last spring, the actual unit flow rate is less_ than the estimated rate in the original Service Plan. In fact, the total flow monitored this fall is more than 20% less than last year. The salve conclusion arrived at previously concerning Subdivision II of the Los Amigos Subdivision also remains valid, namely that at both present total and unit flow rates it appears that the 30 n it . faH,. i EXHIBIT "D" • • Roaring Fork School District RE -1 Box 820 Glenwood Springs, Colorado 81602 Telephone (303) 945-6558 May 15, 1984 Mr. Walter E. Brown III Attorney at Law P. 0. Drawer 2010 Glenwood Springs, Colorado 81602 Dear Walt: DWIGHT L. HELM, Superintendent ROBERT D. LAFFOON, Assistant Superintendent DR. JAMES L. BADER, Assistant Superintendent I looked at the proposed access to the Los Amigos school site and concur that it is superior to the previous route. I do have a question, however, regarding the road itself. Would it be a dedicated county road and be maintained as such? We have a liability problem operating school buses on private roads, and we are not equipped to undertake road maintenance, plowing, etc. If it will be a county road, let's go with it. If not, we'd better discuss it further. Thanks! Since eiy yours, /mlw WALTER E. BROWN III ATTORNEY AT LAW 1131 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (303) 945-2361 Mailing Address: P.O. Drawer 2010 Glenwood Springs, CO 81602 May 23, 1984 Mr. Dwight L. Helm Superintendent Roaring Fork School District RE -1 Box 820 Glenwood Springs, CO 81602 RE: SCHOOL AND ACCESS MATTER, LOS AMIGOS RANCH Dear Dwight: Thank you for your letter of May 15, 1984, regarding the school site access matter. In response to your question regarding the access road, it was built to County standards and the Planning Office, through Mark Bean, believes it was dedicated to the County when the apartment parcel was created. In the event there is any problem with that however, Los Amigos Ranch Partnership would re -dedicate the access road or ratify its' prior dedication of it at the time the school site dedication is sought. I am pleased that RE -1 is otherwise satisfied with this matter and thank you for your prompt attention to it. Kindest r ards, (i;41011010%, Walter E. Brown III WEB:mbj EXHIBIT "E" LOS AMIGOS RANCH P.U.D. FILING 1, SUBDIVISION 2 CONSTRUCTION COST ESTIMATES A. Sewer System (Including Elementary School Tap) 1. Service 5 each @ $500.00 $2,500.00 Sub Total $2,500.00 B. Water System (Including Elementary School Boundary Line) 1. 8" Water 300 ft. @ $18.00 $ 5,400.00 2. 6" Water 3,350 ft. @ $15.00 50,250.00 3. 8" Valve 1 ea. @ $600.00 600.00 4. 6" Valve 4 ea. @ $400.00 1,600.00 5. Fire Hydrant 3 ea. @ $1,200.00 3,600.00 6 Service 10 ea. @ $500.00 5,000.00 Sub Total $66,450.00 C. Road System 1. Earthwork 3,374 Ft. @ $8.50 $ 28,700.00 2. Base Course 4,700 Tons @ $9.00 42,300.00 3. Chip Seal 3,374 Ft. @ $4.00 13,500.00 Sub Total $84,500.00 TOTAL ESTIMATED COST $153,450.00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EXIIIBIT "F" STATE OF COLORADO, ) County of Garfield ss. N? 11082 Certificate of Taxes Due I, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sales, as appears of record in this office, on the following described property, to -wit: Schedule #012001 --Perm. #2393 -052 -00 -004 --Code #012 --Los Amigos Partnership VALUATION: $28,420 Twp 7S, Range 88 West of the 6th P.M. Sec. 5 Lots 1(21.76 Ac.), 2 (40.9 Ac.),3 (39.43 Ac.,4 (39.41 Ac.), 5 (40.01 Ac.), 6 (26.2 Ac.), 7 (39.9 Ac.), 8 (43.34 Ac.), 9 (39.1 Ac.), 10 (38.03 Ac.), 11 (23.25 Ac.), S2NE (62.98 Ac.), N. of Co. Rd. 114 & SENW (40.02 Ac.) NESW (39.24 Ac.), NWSE (39.45 Ac.) Sec. 6 Lots 2 (32.2 Ac.), 3 (45.2 Ac.), 4 (39.79 Ac.), 5 (40 Ac.) , 6 (38.98 Ac.) , 7 (38.17 Ac., 9 (30.04 Ac.) , 8 (32.46 Ac.) , N. of Co. Rd. 114, S2NE, NWSE Sec. 7 Lots 10 (39.77 Ac.), 11 (25.29 Ac.), Sec. 8 Lot 6 (30.77 Ac.), 5 (31.92 Ac.), 4 (24.14 Ac.), W. of Co. Rd. 114 Gross Total: 1141.75 Ac. except 14.63 Ac. 1st Flg. shown on Rec. #296074, except Co. Rd. 3.77 Ac., net Total: 1123.35 Ac. (1RMF has 731.33 Ac.) 392.020 Ac. 1983 TAX - $3,282.57 - PAID IN FULL MAY 17, 1984 In Witness Whereof, I have hereunto set my hand and seal, this May ,A. D. 19 84 18th By Tre• er of Garfield County, Colo. day of [Seal) Deputy FXHIBIT • LOS AMIGOS RANCH MASTER DECLARATION OF PROTECTIVE COVENANTS AND DESIGN REQUIREMENTS AND GUIDELINES FOR RESIDENTIAL AREAS May 1, 1984 1 SECTION I MASTER DECLARATION OF PROTECTIVE COVENANTS FOR THE RESIDENTIAL AREAS OF THE LOS AMIGOS RANCH PUD GARFIELD COUNTY, COLORADO May 1, 1984 d 61 MASTER DECLARATION OF PROTECTIVE COVENANTS FOR THE RESIDENTIAL AREAS OF THE LOS AMIGOS RANCH PUD GARFIELD COUNTY, COLORADO TABLE OF CONTENTS PAGE I. CERTAIN DEFINITIONS I-1 1.1 Los Amigos Ranch Partnership 1.2 Association 1.3 Dwelling Unit II. GENERAL PURPOSES 1-3 2.1 General Purposes 2.2 Particular Purposes III. SUBJECTION OF PROPERTY TO DECLARATION 1-4 3.1 Property Which May Be Covered 3.2 Supplemental Declaration 3.3 Effect of Supplemental Declaration 3.4 Additional provisions in Supplemental Declaration 3.5 Duration and Amendment 3.6 Disposition of Assets Upon Dissolution of Association 3.7 Severability 3.$ Obligations of Los Amigos Ranch as Association Member 3.9 Sale of Los Amigos Ranch's Interest IV. LAND CLASSIFICATION AND DEFINITION 1-7 4.1 Single Family Lot 4.2 Rural Residential 4.3 Multiple Unit Tract 4.4 Common Area 4.5 Property V. PROVISIONS APPLICABLE TO PARTICULAR LAND CLASSIFICATION I-$ 5.1 Lot Restrictions 5.2 Rural Residential Lot Restrictions 5.3 Multiple Family Tract Restrictions 5.4 Common Area Restrictions • 1 VI. PROVISIONS APPLICABLE TO ALL PROPERTY 6.1 Subdivisions of Property 6.2 Combining Parcels 6.3 No Business or Commercial Activity 6.4 Occupancy Limitations 6.5 Maintenance of Property 6.6 No Noxious or Offensive Activity 6.7 No Hazardous Activities 6.8 No Unsightliness 6.9 No Annoying Lights, Sounds or Odors 6.10 No Temporary Structures 6.11 Restrictions on Fences 6.12 No Annoying Lights; Restriction on Exterior Lighting 6.13 Restriction on Animals 6.14 Restriction on Signs 6.15 No Mining and Drilling 6.16 Individual Septic Systems 6.17 Construction Period Exception 6.1$ Variances by Design Committee 6.19 Watering or Irrigation Restrictions; 6.20 Restriction on Tanks VII. REQUIRED'APPROVAL OF ALL CHANGES TO PROPERTY•I-17 7.1 Change in the Existing State of Property 7.2 Approval of Change in Existing State Required 7.3 Design Committee Criteria for Approval 7.4 Conditions Precedent to Approval 7.5 Prosecution of Work After Approval VIII.DESIGN COMMITTEE I-20 $.1 Design Committee Members $.2 Action by Design Committee $.3 Estoppel Certificate $.4 Limitation on Liability $.5 Design Review Prior to Establishment of the Design Committee IX. HOMEOWNERS' ASSOCIATION 1-22 9.1 General Purposes and Powers 9.2 Property Maintenance Function 9.3 Road and Easement Maintenance Function 9.4 Television Function 9.5 Insurance Function 9.6 Right to Make Rules and Regulations PAGE 9.7 Reserved Rights with Respect to If Property Furnished by Los Amigos Ranch 9.8 No Sale or Abandonment of Property IIIFurnished by Los Amigos Ranch 9.9 No Commercial Enterprise on Property Furnished by Los Amigos Ranch II 9.10 Charges for Use of Facilities 9.11 Right to Dispose of Property 9.12 Governmental Successor 1111 9.13 Owner's Enjoyment of Functions and Facilities 9.14 Implied Rights of Association 9.15 Indemnification 1111 9.16 Regular Membership 9.17 Los Amigos Ranch Special Membership 9.18 Board of Directors ill 9.19 Voting of Members 9.20 Notices to Members 9.21 Certificate of Incorporation and III By -Laws 9.22 Member's Obligation to Pay Assessments and Other Amounts 9.23 Assessments III 9.24 Determination of Total Amount of Assessments 9.25 Approval of New Functions or Fcilities III 9.26 Lien for Assessments and Other Amounts 9.27 Personal Liability of Member 9.28 Liability of Purchasers and Encumbrances II 9.29 Estoppel Certificate 111 MASTER DECLARATION OF PROTECTIVE COVENANTS FOR THE RESIDENTIAL AREAS OF THE LOS AMIGOS RANCH PUD GARFIELD COUNTY, COLORADO Master Declaration made this day of 1984, by LOS AMIGOS RANCH, a partnership. WITNESSETH: WHEREAS, Los Amigos Ranch Partnership is the fee simple owner of certain real property in Spring Valley, Garfield County, Colorado, which it desires to develop under the name and style of Los Amigos Ranch as a residen- tial community of single family and multiple or multi -family tracts with a central water system with pot- able water to be provided from a private water company, central sewer system to service a portion of the property, roads and various permanent common areas for the benefit of said community; and WHEREAS, Los Amigos Ranch Partnership desires to pro- vide for the preservation of the values and amenities in said community and for the operation and maintenance of water distribution lines within said community for the de- livery of water to tracts therein, sewer collection lines, roads, common area and open space; and, to this end, de- sires to provide for the submission and subjection of portions of the real property owned by it to the covenants, restrictions, liens and charges, hereinafter set forth each and all of which is and are for the benefit of the portions of the subject real property to which the same are applied as hereinafter provided, and each owner thereof; NOW, THEREFORE, Los Amigos Ranch -Partnership for itself, its successors, grantors and assigns, states and declares: I. CERTAIN DEFINITIONS 1.1 Los Amigos Ranch Partnership. Los Amigos Ranch Partnership shall mean the general partnership named and styled as Los Amigos Ranch, consisting of Thomas E. Neal and James A.R. Johnson, owners of the subject land and any successor or assign of Los Amigos Ranch under an instrument specifically designating such successor or assign as a suc- cessor or assign under this Declaration. A successor or assign other than by merger or consolidation shall be I-2 deemed a successor or assign under this Declaration only to the extent and only as to the particular rights or inter- ests specifically designated in a written instrument. Where the consent of Los Amigos Ranch Partnership is required under this Declaration, or any other document herein re- ferred to, nothing herein or therein contained shall prohibit the waiver of such consent either with respect to a specific matter or in gross, but shall always be required to be by affirmative action, and the silence or inaction of Los Amigos Ranch Partnership shall never be deemed such a waiver or asserted to estop or prevent Los Amigos Ranch Partnership from the exercise of its rights.. 1.2 Association. Association shall mean Los Amigos Ranch Homeowners' Association, a nonprofit Colorado corpora- tion, formed and incorporated to be and constitute the Association to which reference is made in this Declaration and to further the common interests of some or all owners of any real property which may become subject to some or all of the provisions, covenants, conditions and restric- tions contained in this Declaration or in any Supplemental Declaration as hereinafter provided. 1.3 Dwelling Unit. Dwelling Unit shall mean a single room or series of interconnected rooms within a single family structure or multi -family structure, separate from, and not connected by private, direct, interior access with, any other room or rooms in said structure other than a common or public hall or lobby and served by a separate and private entrance or entrances. Dwelling Unit shall not include guest or servants' facilities or quarters appur- tenant to a Dwelling Unit as hereinafter provided for. 1 i . 1-3 11 II . GENERAL PURPOSES ill2.1 General Purposes. Los Amigos Ranch expects to develop certain portions of real property in Garfield County, Colorado as residential areas. These residential III areas may or may not be adjacent to each other and may or may not be developed in exactly the same manner or with exactly the same objectives, but it is expected that all will be developed with certain common objectives and that N owners of property within these areas will have certain common interests. j Some or all of said residential areas will be devel- oped with the objective of establishing the areas as scenic and pastoral mountain residential areas of the highest pos III sible quality, value, desirability and attractiveness where the natural beauty and view and the natural and unspoiled state .of the property will be preserved as near as may be and where persons may reside and find seclusion and a III pleasant environment. All of said residential areas will be developed with objectives designed to enhance the value of and to benefit all property within the Property. idl2.2 Particular Purposes. This Declaration is executed to define and describe certain land or property classifica- 111 which will be established in some or all of said residential areas; to define and describe certain provi- sions, covenants, conditions and restrictions which may be made applicable to some or all property within said resi- ill dential areas; to provide for a homeowners' association to perform certain obligations with respect to some or all property within said residential areas and to further the a common interests of some or all owners of property within said residential areas; to establish the manner and extent to which property may be made subject to some or all of the provisions, covenants, conditions and restrictions set forth in this Declaration, or may be made subject to addi- tional or supplemental or different provisions, covenants, conditions and restrictions; and to establish the effect IIIof such provisions, covenants, conditions and restrictions. 2.3. Property Initially Covered. The property initially 10/ covered by these Declarations and the Design Guidelines, incorporated herein as Section II, is set forth as Exhibit "A" hereto. 1 • 1-4 • III. SU'SJECTION OF PROPERTY TO DECLARATION 3.1 Property Which May Be Covered. Any of that portion of the real property located in Garfield County, Colorado, which is then owned by Los Amigos Ranch Partnership, as described in the Amended Planned Unit Development executed by the Board of County Commissioners of Garfield County, Colorado on December 1, 1981, as Resolution #81-358 and subsequent Resolutions affecting the property may, pursuant to the provisions of the remainder of this Article III, be made subject, at the option of Los Amigos Ranch Partnership, in whole or in part, to any or all of the provisions, covenants, conditions and restrictions contained in this Declaration and to additional or different, supplemental provisions, covenants, conditions and restrictions as hereinafter provided for. Any property so submitted may hereinafter be cumulatively referred to as "the Property". 3.2 Supplemental Declaration. Any real property as aforesaid, may be made subject in whole or in part to any or all- of the provisions, covenants, conditions and restric- tions or supplemental contained in this Declaration and to additional or different provisions, covenants, condi- tions and restrictions by the recording in the office of the County Clerk and Recorder of Garfield County, Colorado, of an instrument (hereinafter called a Supplemental Declara- tion) executed by Los Amigos Ranch, specifically describing the property, and stating that, except as may be specific- ally stated in such Supplemental Declaration, the real property described in the Supplemental Declaration shall be subject to the provisions, covenants, restrictions and conditions contained in this Declaration, in any previously recorded Supplemental Declaration and to the additional or different or supplemental provisions, covenants, condi- tions and restrictions which may be contained in such Supplemental Declaration. . 3.3 Effect of Supplemental Declaration. Upon the re- cording of a Supplemental Declaration in the office of the County Clerk and Recorder of Garfield.County, Colorado, all of the real property described in the Supplemental Declaration shall be and shall be deemed subject to all of the provisions, covenants, conditions and restrictions contained in this Declaration and in any previously re- corded Supplemental Declaration, and to the additional or different or supplemental provisions, covenants, conditions and restrictions which may be stated in the Supplemental Declaration. 3.4 Additional Provisions in Supplemental Declaration. A Supplemental Declaration may define and de- scribe additional or different land classifications other than the land classifications set forth in this Declara- tion; may set forth additional or different provisions, covenants, conditions and restrictions applicable to prop- erty within such additional or different, land • . I-5 • classifications; may contain additional or different pro- visions, covenants, restrictions and conditions applicable only to the property described in the Supplemental Declara- tion; and may contain additional or different provisions, covenants, restrictions and conditions applicable both to the property described in the Supplemental Declaration and, except to the extent stated in a subsequent Supplemental Declaration, to any property described in a subsequent Supplemental Declaration. No provisions, covenants, condi- tions and restrictions contained in a Supplemental Declaration may be made or shall be considered applicable to any property except property described in that Supple- mental Declaration or property described in a Supplemental Declaration recorded subsequent to that Supplemental Declar- ation. In the event of a conflict or inconsistency between a Supplemental Declaration and this Declaration or any pre- viously recorded Supplemental Declaration, the terms of the Supplemental Declaration shall prevail as to the particular property described in that Supplemental Declaration. 3.5 Duration and Amendment. The covenants and restric- tions of this Declaration shall run with and bind the Property submitted hereto by any Supplemental Declaration, . and shall inure to the benefit of and be enforceable by the Los Amigos Ranch, the association, any Member, or the Owner of any landsubject to that Supplemental Declaration, their respective legal representatives, heirs, personal representatives, successors and assigns until forty (40) years from the recording thereof in the records of Garfield County, Colorado, unless otherwise expressly limited herein, after which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by eighty (80%) percent of the then Members, with the consent of Los Amigos Ranch Partnership if it shall then be the Owner of one or more Lots, Rural Residential Lots, or Multiple Family Tracts, agreeing to change said covenants and restrictions in whole or in part, shall be recorded in the real property records of Garfield County, Colorado; provided, however, that no such agreement to change shall be effective unless made and recorded six (6) months in advance of the effec- tive date of such change, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken. Notwithstanding the foregoing, the easements, licenses, rights and privi- leges established and created with respect to the Common Areas, and the reservations of rights made by Los Amigos Ranch herein shall be perpetual, run with the land and shall survive any destruction, reconstruction and reloca- tion of the physical structures, unless said provisions is abrogated by the unanimous written consent of all the Members. Any amendment must be properly recorded to be effective. 3.6 Disposition of Assets Upon Dissolution of Asso- ciation. Upon dissolution of the Association as provided • I-6 • for in its Articles of Incorporation, its real and personal assets, including the Common Areas, shall be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. In the event such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non- profit corporation, associateion, trust or other organization to be devoted to purposes as nearly as practic- able the same as those to which they were required to be devoted by the Association. No such disposition of the Association Properties shall be effective to divest or dim- inish any right or title of any Member vested in him under the licenses, covenants and easements of this Declaration, any applicable Supplemental Declaration or under any subse- quently recorded covenants and deeds applicable to the Properties, unless made in accordance with the provisions of this Declaration or said covenants and deeds. 3.7 Severability. Invalidation of any of the coven- ants, limitations or provisions of this Declaration or any applicable Supplemental Declaration by judgment or court order shall in nowise affect any of the remaining provi- sions hereof, and the same shall continue in full force and effect. 3.$ Obligations of Los Amigos Ranch Partnership as Association Member. Notwithstanding anything to the con- trary contained in this Declaration, any applicable Supplemental Declaration, in the Articles of Incorporation or By -Laws of the Association, or any other instrument or document executed in connection herewith, the Los Amigos Ranch Partnership as the holder of a Special Membership of the Association shall not have any duties, liabilities or obligations to pay assessments or responsibilities of any type or kind whatsoever hereunder, unless and until Los Amigos Ranch Partnership , if ever, converts said Special Membership to Regular Memberships by virtue of platting and submission of portions of the Property hereto, at which time Los Amigos Ranch shall have only the duties and respon- sibilities of a Regular Member as to such single family Lots, Multiple Family Tracts so platted and submitted. 3.9 Sale of Lbs Amigos Ranch's Interest. In the event of a bulk sale or conveyance of all of the right, title and interest of Los Amigos Ranch Partnership in and to the unplatted portions of the Property, Los Amigos Ranch Part- nership shall be released from further obligation hereunder in respect to the property so conveyed, the purchasing party shall assume the position of Los Amigos Ranch herein and be bound by Los Amigos Ranch Partnership's obligations as to Property platted by it, but merely to limit its li- ability in the event that all or portions of the undeveloped and unplatted Property shall be sold to and developed by others in accordance with the Los Amigos Ranch Partnership's proposed plan of development. I-7 • IV LAND CLASSIFICATION AND DEFINITIONS 4.1 Single Family Lot. A Single Family Lot shall mean any parcel of property shown on a recorded plat or de- scribed in a recorded instrument which is not clearly identified on the recorded plat or in the recorded instru- ment as a Multiple Family Tract, Rural Residential Lot, or Common Area or as a parcel of property under some other land classification designation described in this Declara- tion or in any applicable Supplemental Declaration, provided, however, that the inclusion of any parcel of prop- erty within an open space, as herein defined, shall not affect the classification of such parcel of property as a Single Family Lot under this Section 4.1. Development of a Single Family Lot shall be restricted as hereinafter pro- vided. No resubdivision of a Single Family Lot shall be permitted. 4.2 Rural Residential Lot (RR Lot). An RR Lot shall mean any parcel of property shown on a recorded plat or described in a recorded instrument which is clearly identi- fied as an RR Lot on the recorded plat or in the recorded instrument, with the same provision applying to portions thereof with an open space as applies to a Lot. Because of their larger size, as compared to a Single Family Lot, any Supplemental Declaration relating to RRs Lot may pro- vide alternate restrictions to those contained herein. No resubdivision of an RR Lot shall be permitted. 4.3 Multiple or Multi -Family Tract. A Multiple Family Tract shall mean any parcel of property shown on a recorded plat or described in a recorded instrument which is clearly identified as a Multiple Family Tract on the recorded plat or in the recorded instrument, with the same provision ap- plying to portions thereof with a Greenbelt Area as applies to a Lot. It is the intent of Los Amigos Ranch that subject to approval by the appropriate governmental land use agen- cies, having jurisdiction thereover, on a case by case basis, some or all Multiple Family Tracts developed and improved with dwelling units may be resubdivided and sold or conveyed into separate condominium ownership interests pursuant to the Colorado Condominium Act or other governing law. Applications and solicitations for approvals shall be the sole responsibility and expense of the owner of the Multiple Family Tract desiring the resubdivision thereof, the intent being that Los Amigos Ranch shall not be respon- sible therefore, and it being the express statement of Los Amigos Ranch that it cannot guarantee approvals thereof by those agencies. 4.5 Property. Property shall mean any property which is now or may hereafter be subject to this Declaration or any Supplemental Declaration, including Single Family Lots, RR Lots, Multiple Family Tracts, Common and any other par- cels of property under any other land classification designation, and including any and all improvements on any of the foregoing. I-8 V. PROVISIONS APPLICABLE TO PARTICULAR LAND CLASSIFICATIONS 5.1 Single Family Lot Restrictions. Each Single Family Lot shad be used exclusively for residential living purposes and such purposes as are customarily incident • thereto. Unless otherwise specified on a recorded plat or in a Supplemental Declaration covering the Single Family Lot, no Single Family Lot shall be improved except with a residence structure designed to accommodate no more than a single family and its servants and occasional guests plus such other improvements and structures as are necessary or customarily incident to a single family residence; guest or servants' facilities or quarters shall be permitted on a Lot, but no servants or guest accommodation or servants or guest area of a structure shall be detached from the princi- pal dwelling unit on a Single Family Lot. and in no event shall such facilities or quarters for guests or servants exceed five hundred square feet (500') in size, inclusive of kitchen and bath functions, both of which functions shall be expressly permitted to be located within such servants or guest facilities or quarters. No structures or above -ground improvements shall be permitted on any Single Family Lot which are detached or separated from the princi- pal residence structure unless located within a reasonably compact area adjacent to the principal resi- dence structure. The residence structure shall have, if applicable, a minimum foundation (building footprint) area of 1200 of square feet, exclusive of garages, porches and patios. No residence structure and no other structure or above -ground improvement shall rise more than the height designated on the PUD Zone District Map, the same to be measured in the manner set forth in the applicable Supple- mental Declaration; and all above -ground improvements, except landscaping and necessary crossings by access drive- ways, bridges or paths, shall be contained within the boundaries of the building envelope as defined on the ap- plicable Building Envelope Map. All Single Family Lots shall be required to connect to the central water system within the property at such time as improvements are con- structed thereon and all water service therefrom for Single Family Lots shall be provided from the central water system. No private wells will be permitted except on the Rural Residential Lots. Individual septic systems will be permitted for Single Family Lots provided the same comply with the law. 5.2 Rural Residential Lot (RR Lot)Restrictions. Los Amigos Ranch reserves the right within its sol -discretion to impose, by Supplemental Declaration hereto, such protec- tive covenants upon RR Lots as it shall deem appropriate in the premises, but not abhorant to the orderly and high quality development of the Property. 5.3 Multiple Family Tract Restrictions. Each Multiple Family Tract shall be used exclusively for residential living purposes and such purposes as are customarily inci- dent thereto. Unless otherwise specified on a recorded plat I-9 • or in a Supplemental Declaration covering the Multiple E., Family Tract: No Multiple Family Tract shall be improved with more than the number of principal structures contain- ing the number of Dwelling Units which may be specified for the Tract on the recorded plat or in a Supplemental Declara- tion covering the tract, plus such other improvements and structures as are necessary or customarily incident to any such principal structures; each Dwelling Unit within a structure shall be designed to accommodate no more than a single family and its servants and occasional guests; no structures or above -ground improvements shall be permitted on any Multiple Family Tract which are detached or sep- arated from a principal structure unless located within a reasonably compact area adjacent to a principal structure and unless designed as a single visual element, connected or related visually with that principal structure by fenc- ing or other architectural features; if applicable, each dwelling unit within a structure shll have a minimum floor area of the number of square feet, exclusive of garages, porches, patios and accessory structures, specified on the recorded plat or in a Supplemental Declaration covering the Tract;. no principal structure or no other structure or above -ground improvement shall rise more than the height designated on the PUD Zone District Map, to be measured in the. manner set forth in the applicable Supplemental Declara- tion; and all above -ground improvements, except landscaping and necessary crossings by access driveways, bridges or paths, shall be contained within the boundaries of the building envelope as defined and shown on the applicable Building Envelope Map. All Multiple Family Tracts shall be 111 required to connect to the central water system and central sewer system within the subdivision. No private well or sewage disposal systems will be permitted. 5.4 Common Area Restrictions. Common Areas shall be kept exclusively as a scenic and as a natural forested or natural open area except as herein stated and except as may be specifically provided on the recorded plat or in the Supplemental Declaration submitting and covering the Common Area. Portions of Common Area, not extensive in pro- portion to the total Common Area then subject to this Decla- ration or any Supplemental Declaration may be developed by Los Amigos Ranch or the Association for nonprofit recrea- tion and leisure -time activities for the benefit of owners of property subject to this Declaration or any Supplemental Declaration, their guests and invitees; and portions of Common Area may be developed as may be reasonably necessary for installation of below -surface utilities, as may be nec- essary or desirable to provide or improve access to or from or to enhance the use and enjoyment of any Property, or as may be necessary or desirable to protect, support or preserve any Property. Common Areas shall at all times be held by Los Amigos Ranch Partnership or by the Association, or, with the consent of Los Amigos Ranch Partnership or by the Association, or, with the consent of Los Amigos Ranch • I-10 Partnership, by an appropriate governmental authority, in- cluding a park or recreation district, which is existing and willing to accept and maintain the same. For so long as any Common Area is owned or held by Los Amigos Ranch Part- nership or by the Association and until and unless conveyed to a governmental authority, any such Common Area shall be maintained by the Association and shall be held by Los Amigos Ranch Partnership or the Association for the exclu- sive use of owners of Property, their invitees and guests, although Los Amigos Ranch Partnership, or, upon conveyance thereof to the Association, the Association may at any time, and from time to time, limit or restrict use of all or portions of any Common Area to certain uses and/or to certain persons or classes of persons, may prescribe rules and regulations governing the use of Common Areas and may, if some owners wish to use and develop a portion of Common Area for recreation facilities and are willing to pay the cost of developing and maintaining the same permit such development on such terms and conditions as may be deemed advisable. Common Area may include any areas dedicated by Los Amigos Ranch Partnership to the Homeowners' Association for any reason, including stables and riding trails and other recreational uses, and such other restrictions to said land and the duties of the Homeowners' Association as are depicted on the plats filed hereafter shall be incorporated herein upon the filing of said plats. • I-11 VI PROVISIONS APPLICABLE.TO ALL PROPERTY 6.1 Subdivisions of Property. No Single Family Lot, RR Lot, or Multiple Family Tract, Common Area or parcel of property identified under any other land classification designation may be divided or subdivided or a fractional portion thereof sold or conveyed so as to be held in di- vided ownership, except that a Multiple Family Tract may be divided and sold or conveyed in condominium ownership inter- ests as recognized under the Condominium Ownership Act of Colorado, or a similar form of multiple ownership which shall be approved in writing by Los Amigos Ranch Partner- ship and the appropriate, land use authorities of Garfield County, Colorado. However, under no circumstances shall improvements approved and constructed .as guest or servants quarters or facilities be so divided and sold or leased, or offered for sale or lease separate from the dwelling unit to which it is appurtenant. Notwithstanding the foregoing, adjoining property owners may sell or purchase adjoining property to accomplish relocation of the boundary line be- tween such properties if such sale and purchase will not cause or result in a violation of any setback, or building envelope, building or other restriction herein contained. In such cases, the new boundary line thus established shall be deemed the new boundary line between the respective prop- erties but, not setback or building envelope lines, easements or land classifications established for such prop- erties with respect to the former boundary line or other- wise shall be changed or shifted by reason of the change of the boundary line. 6.2 Combining Parcels. Two or more adjoining Single Family Lots, RR Lots, Multiple Family Tracts or other par- cels of property of the same land classification which are under the same ownership may, at the option of the owner thereof, be combined and developed as one parcel. Setback lines along the boundary lines of the combined parcels or building envelopes will not cause unreasonable diminution of the view from other property. If any setback lines or building envelopes are so removed, the Design Committee shall establish alternate setback lines or building enve- lopes to be reflected in a supplemental plat of the combined parcels to be filed for record in the records of Garfield County, Colorado. Such plat shall be prepared at the expense of the owner of such combined parcels. Ease- ments created or established by Los Amigos Ranch along the common boundary line of the combined parcels may be changed without the consent of any person entitled to use thereof if the written consent of Los Amigos Ranch is obtained and if alternate easements are granted or created or satis- factory to Los Amigos Ranch, by the owner of the combined parcels. If setback lines or building envelopes are removed or easements changed along the common boundary line of com- bined parcels, the combined parcels shall thereafter be deemed one parcel, and may not thereafter be split and de- veloped as two parcels. The combination of two or more • I-12 • adjoining parcels shall not relieve the owner thereof from responsibility for applicable connection or tap fees for utility services for all of the parcels combined, it being an express provision that such fees shall be assessed for each of the parcels so combined. Los Amigos Ranch Partner- ship reserves the right, without compensation of any sort, to utilize any and all unused dwelling unit density created by the combination of parcels in any subsequent filing or property under its planned unit development. 6.3 No Business or Commercial ACtivity. No Property shall be used at any time for business or commercial activ- ity except that property identified in the Los Amigos Ranch PUD Zoning District Map as commercial, and provided, how- ever, that Los Amigos Ranch Partnership or its nominee may use any unsold Property for model homes, real estate sales offices, temporary construction facilities and related ac- tivities. Rental or leasing of a Dwelling Unit subject to the use restrictions contained in this Declaration shall not be considered a business or commercial activity. 6.4 Occupancy Limitations. No residence structure on any Single Family Lot or RR Lot and no Dwelling Unit in any structure on a Multiple Family Tract or other parcel of property shall be used for living purposes by more persons that it was designed to accommodate comfortably. No portion of any Property shall be used as a residence for living purposes other than the permitted structure constructed on a Single Family Lot, RR Lot, or Multiple Family Tract or other parcel of property. 6.5 Maintenance of Property. All Property, including Common, and all improvements on any Property shall be kept and maintained by the owner thereof in clean, safe, attrac- tive and sightly condition and in good repair. Common Areas shall be so maintained by the Association notwithstanding the fact that the Common Area may not have been conveyed to the Association by Los Amigos Ranch Partnership. 6.6 No Noxious or Offensive Activity. No noxious or offensive activity shall be carried on upon any Property nor shall anything be done or placed 6n any Property which is or may become a nuisance or cause embarrassment, disturb- ance or annoyance to others. 6.7 No Hazardous Activities. No activities shall be conducted on any Property and no improvements constructed on any Property which are 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; and no open fires shall be lighted or permitted on any Property except in a contained barbecue unit while attended and in use for cooking purposes or within a safe and well-designed interior fireplace or except such camp- fires or picnic fires in portions of Common Areas • I-13 • designated for such use by Los Amigos Ranch Partnership or by the Association or except such controlled and attended fires required for clearing or maintenance of land. 6.8 No Unsightliness. No unsightliness shall be per- mitted on any Property without limiting the generality of the foregoing: (a) All unsightly structures, facilities, equipment, objects and conditions shall be enclosed within an approval structure or appropriately screened from view; (b) unlicensed cars or trucks, licensed or unlicensed trail- ers, mobile homes, trucks other than pickups, heavy equip- ment, boats, tractors, campers not on a truck, snowcats, ski-doos, snow removal equipment and garden or maintenance equipment shall be kept at all times, except when in actual use, in an enclosed structure or screened from view; (c) refuse, garbage and trash shall be kept at all times in a covered, noiseless container and any such container shall be kept within an enclosed structure or appropriately screened from view; (d) services areas, storage piles, com- post piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view; (e) pipes for water, gas, sewer, drain- age or other purposes and wires, poles, antenna and other facilities for the transmission or reception of audio or visual signals or electricity, and utility meters or other utility facilities and gas, oil, water or other tanks, and individual sewage disposal systems or devices shall be kept and maintained within an enclosed structure below the sur- face of the ground or screened from view; and (f) no lumber, grass, shrub or tree clippings or plant waste, metals, bulk materials or scrap or refuse or trash shall be kept, stored or allowed to accumulate on any Property. Not- withstanding the foregoing, if at the time of the occupancy of any approved structure, connections to a nearby under- ground electricity line or telephone line are not available, then temporary poles or wires for electricity or telephone service, as the case may be, may be installed to a reasonbly necessary height provided that they shall be promptly removed at the expense of the owner after the availability of connections to nearby underground lines or cables. If, at the time of the occupancy of any approved structure, a connection to a nearby television cable is not available, and if a signal from a booster or translator is not being produced into the area, an owner may install a temporary television antenna to a reasonable height. If at any subsequent time a signal from a booster or translator is being produced but a connection to a nearby television cable is still not available, an owner may install a tele- vision antenna no larger or more conspicuous than is necessary and in any event shall remove promptly at his expense any larger television antenna previously installed. If at any time a connection to a nearby television cable is or becomes available, each owner shall remove promptly at his expense all television antennae previously installed. • . I-14 • 6.9 No Annoying Sounds or Odors. No sound shall be emitted on any Property which is unreasonably loud or annoy- ing; and no odor shall be emitted on any Property which is noxious or offensive to others. 6.10 No Temporary Structures. No tent or shack or other temporary building, improvement or structure shall be placed upon any Property; PROVIDED, HOWEVER, that the foregoing shall not prohibit temporary structures normally associated with construction activities as provided for in Section 6.17 hereof. 6.11 Restrictions on Fences. Fencing shall be limited to the enclosure of landscaped areas in the immediate vicin- ity of a residence. Screen fences with a maximum enclosed area not to exceed the building envelope or setback as shown on the Plat to be filed for record in conjunction with each Supplemental Declaration submitting specific Lots or Tract. 6.12 No Annoying Lights; Restriction on Exterior Light- ing. No light shall be emitted from any Property which is unreasonably bright or causes unreasonable glare. All ex- terior lights and light standards, and the orientation thereof shall be approved in writing by the Design Committee. No type of high intensity discharge lights shall be permitted. 6.13 Restriction on Animals. No animals, birds, in- sects or livestock shall be kept on any Property except domesticated dogs, cats or other household pets which do not unreasonably bother or constitute a nuisance to others, and which shall always be subject to the reasonable rules and regulations of the Association, and except horses on such portions of Common Area, roads and other public ways or easements as may be designated for such use from time to time by Los Amigos Ranch Partnership or the Association, if and at such time as any such facilities shall have been conveyed to it, and except for such numbers of horses or livestock and support facilities therefor such as corral and paddocks on a particular RR Lot or other parcel of prop- erty, all as may be specifically designated for such Property on the recorded plat or in the map attached to a Supplemental Declaration covering such RR Lot or other parcel of property. 6.14 Restriction on Signs. No signs or advertising devices of any nature shall be erected or maintained on any Property except as necessary to identify the ownership of the Property and its address; or to show the Property is for sale or for rent; or as may be necessary or desir- able to give direction, advise of rules and regulations, or caution or warn of danger; and such signs as may be other- wise required by law. Any signs which are permitted under the foregoing restrictions shall be erected or maintained • I-15 • 111 on Property only with the prior written approval of the Design Committee which approval shall be given only if such signs shall be of attractive design in keeping with the scenic and rustic nature of the area and shall be as small III in size as is reasonably possible and shall be placed or located as directed or approved by the Design Committee. III6.15 No Mining and Drilling. No Property shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydro- carbons, minerals, rocks, stones, gravel or earth. III 6.16 Individual Septic Systems. Individual septic sys- tems are allowed only in areas not served by central sewage 111 collection, and only after approval by the Design Committee and any governmental authority having jurisdiction there- over. Please seepage I -15A attached hereto for 6.16(a) - (d). 1 6.17 Construction Period Exception. During the course of actual construction of any permitted structures or im- provements, the provisions, covenants, conditions and 1-e- ll contained in this Declaration or in any Supple- mental Declaration shall be deemed waived to the extent necessary to permit such construction, provided that, 111 during the course of such construction, nothing is done which will resultin a violation of any of said provisions, covenants, conditions and restrictions upon completion of III construction. 6.18 Variances by Design Committee. The Design ill Committee may authorize variances from compliance with any of the provisions, covenants, conditions and restrictions contained in this Declaration or any Supplemental Declara- tion when circumstances such as topography, natural ill obstructions or hardship may require. Such variances are granted, no violation of the provisions, covenants, condi- tions and restrictions contained in this Declaration or III any Supplemental Declaration shall be deemed to have oc- curred with respect to the matter for which the variance was granted. The granting of such a variance shall not oper- i ate to waive any of the provisions, covenants, conditions and restrictions contained in this Declaration or any Supplemental Declaration for any purpose except as to the particular property and particular provision covered by 11 the variance. 6.19 Watering or Irrigation Restrictions; RestrictionIII . or Removal of Trees or Vegetation. Subject to reasonable rules and regulations of the Association, the provisions of Article VII hereof and any Supplemental Declaration, III and restrictions which may be imposed, from time to time, by the supplier of water under the central water system within the Property, each Single Family Lot and Multiple Family Tract shall be permitted to irrigate not more than IIIan aggregate area of three thousand (3,000) square feet for • • I -15A 6.16 a. Los Amigos Ranch Homeowners' Association (LARHA) will conduct an annual inspection of the septic tank to determine sludge levels within the tank. Inspections will be conducted by contract with the Spring Valley Sanitation District (SVSD). b. LARHA will prepare an inspection form/report for the individual homeowner indicating the sludge levels found in the tank, recommendations to the homeowner on preventa- tive maintenance, tank pumping, or scheduled maintenance and summarizing any additional observations made during the inspection. c. Costs for inspections will be borne by LARHA; costs for maintenance and operation will be the responsibility of the homeowner. d. Owners will be responsible for access to the tank site as well as maintenance of an inspection port at least 24" in diameter; in the event of access problems LARHA will notify the owner and ask for the problems to be remedied within 48 hours. If owner does not provide access they are in violation of the LARHA Master Declaration of Protective Covenants. • I-16 lawn and/or garden cultivation, which is consistent with good conservation practices; provided, that any such culti- vated area(s) shall be contiguous and adjacent to a residential dwelling structure situate on a Single Family Lot, RR Lot or Multiple Family Tract. Except as provided in this Section 6.19 and as approved pursuant to Article VII hereof, there shall be no removal of living trees or vegeta- tion except that which must be removed in connection with construction with prior approval under Article VII. All debris from approved construction and/or landscaping shall be removed or chipped. 6.20 Restriction on Tanks. No elevated tanks of any kind shall be erected, placed or permitted on any Lot unless the tank is for the common benefit of the Los Amigos Ranch Subdivision or any part thereof. Any tank used in connection with any Single Family Lot, RR Lot, Estate or Multiple Family Tract including those for the storage of gas, fuel oil, gasoline, oil or water shall be buried, or, if located above ground, the location of such tank and screening thereof shall be, prior to construction, submit- ted to the Design Committee for approval, which approval may be granted or withheld in the sole discretion of the Design Committee. I-17 VII REQUIRED APPROVAL OF ALL CHANGES TO PROPERTY. 7.1 Change in the Existing State of Property. Change in the Existing State of Property shall mean and include, without limitation, the construction of any building, struc- ture or other improvement, including, without limitation, fencing and utility facilities; the excavation, filling or similar disturbance of the surface of land including, without limitation, change of grade, stream bed, ground level or drainage pattern; the clearing, marring, defacing or damaging of trees, shrubs, lawns or plants; or any change or alteration, including without limitation, any use or change of color, texture or exterior appearance, of any previously approved Change in the Existing State of Prop- erty. 7.2 Approval of Change in Existing State Required. No Change in the Existing State of Property shall be made or permitted, except by Los Amigos Ranch Partnership, with- out the prior written approval of the Design Committee and without compliance with the provisions, covenants, condi- tions and restrictions set forth in this Article VII. The following paragraphs of this Article VII shall not be ap- plicable to any Change in the Existing State of Property by Los Amigos Ranch Partnership, except as specifically pro- vided therein. 7.3 Design Committee Criteria for Approval. The Design Committee shall have complete discretion to approve or disapprove any Change in the Existing State of Property. The Design Committee shall exercise such discretion with the following objectives in mind among others: To carry out the general purposes expressed in this Declaration; to pre- vent violation of any specific provision of this Declaration or any Supplemental Declaration; to prevent any change which would be unsafe or hazardous to any persons or property; to prevent any obstruction or diminution of the view of others; to preserve visual continuity of the area and to prevent a marked or unnecessary transition between improved and unimproved areas and any sharp definition of boundaries of property ownership; to assure that any change will be of good and attractive design and in harmony with the rustic and natural setting of the area and will serve to preserve and enhance existing features of natural beauty; to assure that materials and workmanship for all improvements are of high quality comparable to other im- provements in the area; and to assure that any change will require as little maintenance as possible so as to assure a better appearing area under all conditions. Any Change in the Existing State of Property by Los Amigos Ranch shall be made with the same objectives in mind. In order to effect such desired objectives, Los Amigos Ranch has developed "DESIGN REQUIREMENTS AND GUIDELINES," dated d,1 , 19''` copies of which are available from the Association. Said Design Requirements and Guidelines shall be considered the • I-18 initial rules and regulations of the Design Committee which may be amended only by that Committee with the written con- sent of the Association's Board of Directors and Los Amigos Ranch Partnership. 7.4 Conditions Precedent to Approval. Prior to expen- ditures of any substantial time or funds in the planning of any proposed Change in the Existing State of Property the owner of Property shall advise the Design Committee in writing of the general nature of the proposed change; shall submit for approval as required in the Design Require- ments and Guidelines as then in effect. Said owner shall have previously read or become familiar with and shall furnish the Design Committee with all materials necessary under the Design Requirements and Guidelines for comment and review. After the nature and scope of a proposed Change in the Existing State of Propery is determined and prior to the commencement of work to accomplish such Change, the Design Committee shall be furnished in duplicate, by the owner of the'Property, with a complete and full description of the proposed Change in writing and with a plot plan covering the particular Lot, Multiple Family Tract, Common Area or other parcel of property, drawn to such scale as may be reasonably required by the Design Committee, showing all boundaries, showing existing and proposed contour lines and elevations at reasonably detailed intervals, showing . all existing and proposed improvements, showing the exist- ing and proposed drainage pattern, showing the existing and proposed utility and sanitation facilities and showing the existing or proposed substantial trees or shrubs. There shall also be furnished to the Design Committee by any owner of property any and all further information with re- spect to the Existing State of Property or the proposed Change in the Existing State of Property which the Design Committee may reasonably require to permit it to make an informed decision on whether or not to grant approval to the Change. If the drainage pattern of any Property will be IOU affected by any Change, the Design Committee may require submission of a report on the effect by a qualified en- gineer or geologist. With respect to all buildings and other structures, the Design Committee shall require submis- sion, in duplicate, of floor plans, elevation drawings, and final working drawings, all drawn to such scale as may be reasonably required by the Design Committee; descriptions of exterior materials and colors and samples of the same; and final construction specifications. Where buildings or structures or other improvements other than Dwelling Units 101 which reasonably require plans and specifications are pro- posed to be constructed or built, the Design Committee shall require that the plans and specifications be prepared 101 by a practicing licensed architect and that a fee of $200 be paid to the Association to cover costs and expenses of review. All plans and specifications for dwelling units shall be prepared by a licensed practicing architect and the same application fee provision as above stated shall I-19 apply. Prior to giving of approval to a proposed Change in the Existing State of Property, at least one member of the Design Committee shall physically inspect the Property. No proposed Change in the Existing State of Property shall be deemed to have been approved by the Design Committee unless its approval is in writing executed by at least two members of the Design Committee provided that approval shall be deemed given if the Design Committee fails to approve or disapprove a proposed Change or to make additional require- ments or requires additional information within forty-five (45) days after a full and complete description of the pro- posed Change has been furnished in writing to the Design Committee with a written and specific request for approval. 7.5 Prosecution of Work After Approval. After ap- proval by the Design Committee of any proposed Change in the Existing State of Property, the proposed Change shall be accomplished as promptly and diligently as possible and in complete conformity -with the description of the proposed Change and with any plans and specifications therefore given to the Design Committee. Failure to accomplish the Change within one year after the date of approval or fail- ure to complete the proposed Change strictly in accordance with the description thereof and plans and specifications therefore shall operate to automatically revoke the ap- proval of the proposed .Change and, upon demand by the Design Committee, the Property shall be restored as nearly as possible to its state existing prior to any work in con- nection with the proposed Change. The Design Committee and its duly appointed agents may enter upon any Property at any reasonable time or times to inspect the progress or status of any Change in the Existing State of Property being made or which may have been made. The Design Committee shall have the right and authority to record a notice to show that any particular Change in the Existing State of Property has not been approved or that any ap- proval given has been automatically revoked. I-20 VIII. DESIGN COMMITTEE $.1 Design Committee Members. Subject to the rights of Los Amigos Ranch Partnership to appoint members of the Design Committee, the Design Committee shall consist of five (5) members. At least one (1) member shall be a licensed architect who shall be designated specifically as the Architect Member and shall be selected and hired at the expense of the Association by its Board of Directors. One (1) member shall be selected at large by the vote of the members of the Association. The three (3) additional members shall be appointed by the Board of Directors of the Association from among the members of the Association. There may be designated by the Board of Directors of the Association one (1) alternate member of the Design Committee for each member appointed by the Board of Directors of the Association, each of whom shall be authorized to act in the place and stead of the member for whom he is an alter- nate upon the request of his regular member counterpart in the event of that member's absence or inability to act. Such alternate member shall be qualified as was his regular member counterpart. Members and alternate members of the Design Committee shall serve three year terms to be stag- gered at the time of the appointment of the first Design Committee; PROVIDED, HOWEVER, such three year appointment notwithstanding; such membership shall be at the pleasure of the Board of Directors of the Association. The Associa- tion shall be obligated to pay reasonable compensation to members and alternate members for actual services rendered and to reimburse them for actual and reasonable expenses incurred. 8.2 Action by Design Committee. The vote or written consent of any three members shall constitute action of the Design Committee. The Design Committee shall report in writing all approvals and disapprovals of any Changes in the Existing State of Property to Los Amigos Ranch Partnership or to the Association whichever then has the right to appoint and remove a majority of the members, and Los Amigos Ranch or the Association, as the case may be, shall keep a permanent record of all such reported action. 8.3 Estoppel Certificate. Los Amigos Ranch Partnership or the Association, depending on whom shall have the right to appoint the Design Committee, shall, upon written request of any interested person, furnish a certificate with respect to approval or disapproval by the Design Committee of any Change in the Existing State of Property and any person, without actual notice to the contrary, shall be entitled to rely on said certificate by either Los Amigos Ranch Partnership or the Association with respect to all matters set forth therein. • I-21 8.4 Limitation on Liability. Neither the Design Committee nor any member thereof, nor the Association nor any director, officer or member thereof, nor Los Amigos Ranch Partnership nor any joint venturer therein nor any director, officer or stockholder of any joint venturer therein, nor any member, agent or employee of any of the foregoing shall be liable to any party for any action or for any failure to act under or pursuant to or with respect to any provision of this Declaration provided only that the person or entity sought to be charged with any li- ability shall have proceeded in good faith and without malice. $.5 Design Review Prior to Establishment of the Design Committee. The Los Amigos Ranch Partnership and/or their assigns shall function as the Design Committee until the Homeowners' Association is organized and the design commi- ttee established. I-22 • 1111 • IX. " HOMEOWNERS' ASSOCIATION 9.1 General Purposes and Powers. Los Amigos Ranch Homeowners' Association has been formed and incorporated as a Colorado corporation not for profit to be and consti- tute the Association to which reference is made in this Declaration, to perform functions and hold and manage prop- erty as provided in this Declaration and to further the common interests of all owners of property or particular groups of owners of property which may be subject, in whole or in part, to any or all of the provisions, covenants, conditions and restrictions contained in this Declaration. The association shall be obligated to and shall assume and perform all functions and obligations imposed on it or con- templated for it under this Declaration and any similar functions or obligations imposed on it or contemplated for it under any Supplemental Declaration with respect to any Property now or hereafter subject to this Declaration. The Association shall have all powers necessary or desirable to effectuate these purposes. 9.2 Property Maintenance Function. The Association • shall be obligated to and shall accept title to any real property or interest therein, including improvements there- on or to any personal property or equipment granted or furn- ished by Los Amigos Ranch Partnership to the Association and, with respect to any such property and to any other property acquired and held by the Association shall be obli- gated to and shall pay all taxes and assessments of whatever nature relating to any of said property; ade- quately and fully insure all of said property against casualty loss as hereinafter provided; provide for the best and highest quality care, operation, management, mainten- ance, repair and replacement of the same; remove snow from the same as necessary for their customary use and enjoy- ment; maintain plants, trees and shrubs provided or existing thereon; maintain lighting provided or existing thereon; and maintain roads, walks, drives and irrigation ditches and/or structures provided or existing thereon. 9.3 Road and Easement Maintenance Function. The Association may provide for the care, operation, manage- ment, maintenance, repair and replacement of all public and private roads, streets, lanes, avenues, courts and circles which shall be deemed appropriate by the Association in supplement to•the service provided in relation thereto by the public road maintenance function of Garfield County, Colorado, or other governmental entity succeeding thereto; of all skiing equestrian or other easements established or provided for some or all owners of any property which may be made subject to this Declaration; and of any and all drainage easements and drainage pipes or facilities within the same which may be established or provided with respect to any property which may be made subject to this Declaration. Maintenance shall include the removal of snow • I-23 • to the extent necessary to assure full use of private roads, streets, lanes, avenues, courts and `circles. These obligations shall be obligations of the Association without regard to whether or not the Associa- tion has any right, title or interest in any of the foregoing. 9.4 Television Function. The Association may obligate itself to pay a fair share of the costs and expenses of any system provided in the Los Amigos Ranch area in Garfield County, Colorado, by a suitable areawide, non- profit organization to assure suitable and adequate television reception in the area through a television booster, translator or cable system. 9.5 Insurance Function. The Association shall be obli- gated to and shall obtain and keep in full force and effect at all times at least the following insurance coverage: The Association shall obtain casualty insurance with re- spect to all insurable property of the Association, insur- ing the full replacement value thereof, including coverage for fire and extended coverage, vandalism and malicious mischief and war risk coverage if available and if deemed • appropriate by the Association. The Association shall obtain broad form comprehensive liability coverage, cover- ing both public liability and automobile liability, with limits of not less than $500,00.00 for each person and not less than $1,000,000 for each occurrence and with prop- erty damage limits of not less than $500,000.00f or each accident. All insurance may contain such deductible pro- visions as good business practice may dictate. All insurance shall name the Association, shall name Los Amigos Ranch as.an additional insured and shall, to the extent reasonably possible, cover each owner of property now or hereafter subject to this Declaration without any such owner necessarily being specifically named. the Association shall provide Los Amigos Ranch, upon request, with certifi- cates evidencing such insurance and copies of the insurance policies. It should be noted that the above limits of insurance may change by seven (7) percent per year. 9.6 Right to Make Rules and Regulations. The Associa- tion shall be authorized to and shall have the power to adopt and enforce rules and regulations to regulate use of any and all facilities and property of the Association to assure fullest enjoyment and use by the persons entitled to enjoy and use the same, which rules and regulations shall be consi.stent with this Declaration. The Association may provide for enforcement of any such rules and regula- tions through reasonable and uniformly applied fines and penalties including the exclusion of violators from property, facilities, privileges and activities of the Association or otherwise. Each owner of any property which may be subject to this Declaration and such owner's guest and invitees shall be obligated to comply with and abide by any such rules and regulations. I-24 • 9.7 Reserved Rights with Respect to Property Furnished by Los Amigos Ranch Partnership. Any real prop- erty or interest in real property furnished by Los Amigos Ranch Partnership to the Association may be and shall be deemed conveyed, granted or furnished subject to then exist- ing easements for utilities, including gas, electricity, water, sewer, telephone, television and intercommunication, alarm or other systems; easements for drainage and drainage facilities; easements for public or private equestrian and hiking trails and facilities; easements for ingress and egress and access for the benefit of any property, whether or not subject to this Declaration; and shall be deemed subject to and deemed accepted by the Associatin subject to an exception and reservation by Los Amigos Ranch, whether or not expressed at the time, of the right, power and authority to thereafter create and grant any such easements and to enter upon and further improve or develop any such property, at its own cost and expense, for the benefit of the Association or any of the owners of property which may be subject to this Declaration. 9.8 No Sale or. Abandonment of Property Furnished by Los Amigos Ranch Partnership. No real property or interest in real property conveyed, granted or furnished by Los Amigos Ranch to the Association may be, and any such real property or interest therein shall be deemed, conveyed, granted or furnished, whether or not expressed in the deed or instrument of conveyance or grant, on and subject to the condition that it shall not be sold, conveyed, leased, transferred, abandoned or disposed of by the Association without the written consent of Los Amigos Ranch Partnership. No improvements on real property granted or furnished by Los Amigos Ranch Partnership to the Association may be destroyed, permitted to deteriorate or waste or disposed of by the Association without the written consent of Los Amigos Ranch Partnership unless a suitable and adequate replacement or substitute is constructed, purchased or acquired by the Association which replacement or substitute shall be deemed to be property furnished by Los Amigos Ranch Partnership. 9.9 No Commercial Enterprise on Property Furnished by Los Amigos Ranch Partnership. Except for isolated and occasional activities, normally classified as organized civic events, charitable benefits or fund raisers, and the rental of dwelling units for the occupancy and use in- tended, no real property or interest in real property or interest in real property, including improvements thereon, and no personal property or equipment granted or furnished by Los Amigos Ranch Partnership to the Association shall be used or operated by the Association or by any other person or entity for commercial use, profit or gain without the written consent of Los Amigos Ranch Partnership and no charges shall be imposed by the Association for use of prop- erty or facilities granted or furnished by Los Amigos Ranch I-25 1111 1411 Partnership to the Association without written consent of Los Amigos Ranch Partnership. 9.10 Charges for Use of Facilities. Subject to the 111 provisions of this Declaration requiring the consent of Los Amigos Ranch Partnership with respect to property or facilities furnished by Los Amigos Ranch Partnership to ill the Association, the Association may establish reasonable and uniformly applied charges for use of property and facil- ities of the Association to assist the Association in 111 off -setting the costs and expenses of the Association at- tributable thereto. 9.11 Right to Dispose of Property. Subject to the pro- ng visions of this Declaration requiring the consent of Los Amigos Ranch Partnership with respect to property furnished by Los Amigos Ranch Partnership to the Association, the If Association shall have full power and authority to sell, lease, grant rights in, transfer, abandon or dispose of any property or facilities owned or held by the Association. If 9.12 Governmental Successor. Any property or facility owned or held by the Association and any function or activity required to be performed by the Association under 11/ the. terms of this Declaration may be turned over to a gov- ernmental authority which is willing to accept and assume the same upon such terms and conditions as the Association 10/ shall deem to be appropriate with the written consent of Los Amigos Ranch Partnership. 1019.13 Owner's Enjoyment of Functions and Facilities. Each owner of any property which may be subject to this Declaration and such owner's guests and invitees shall be entitled to use and enjoyment of all property, property till interests, and facilities owned or held by the Association of all functions and activities undertaken by the Associa- tion subject to such reasonable and uniformly applied rules II and regulations which the Association may adopt to assure the fullest and best possible use and enjoyment of the same by all persons entitled thereto and subject to such reason - !' and uniformly applied charges which the Association may, subject to the other provisions of this Declaration, impose to offset costs and expenses in connection therewith. 419.14 Implied Rights of Association. The Association shall have and may exercise any right or privilege given to it expressly in this Declaration or, except to the 1111 extent limited by the terms and provisions of this Declara- tion, given to it by law, and shall have and may exercise every other right or privilege or power and authority neces- sary or desirable to fulfill its obligations under this MI Declaration, including, without limiting the generality of the foregoing, the right to engage necessary labor and ac- quire use of or purchase necessary property, equipment or IIfacilities; employ personnel necessary to manage affairs of 1 ■ I-26 • the Association; and obtain, and pay for, legal, accounting and other professional services as may be necessary or de- sirable. III9.15 Indemnification. The Association shall be obli- gated to and shall indemnify Los Amigos Ranch Partnership and hold it harmless from all liability, loss, cost, damage ill and expense, including attorneys' fees, arising with respect to any operations of the Association or any prop- erty of the Association including property granted or furnished to the Association by Los Amigos Ranch Partner - e ship. 9.16 Regular Membership. There shall be one Regular ill Membership in the Association for each Single Family Lot, each RR Lot and each Multiple Family Tract prior to con- struction of improvements thereon, and each Dwelling Unit liion a Multiple Family Tract after construction of improve- ments thereon, and for each parcel of property under any land classification designation specified in any IIISupplemental Declaration; and, each such Membership shall be appurtenant to the fee simple title to such Single Family or Multiple Family Tract, RR Lot Dwelling Unit or other parcel of property. The owner or owners of the Single III Family Lot, RR Lot, Multiple Family Tract, Dwelling Unit or other parcel of property shall be deemed the owner or owners of the Regular Membership appurtenant to that prop- erty and title to and ownership of the Membership for that "' property shall automatically pass upon transfer of fee simple title to that property. Each owner or owners of a Single Family Lot; RR lot, Multiple Family Tract, Dwelling I Unit or other parcel of property as aforesaid shall be at all times entitled to the benefits and subject to the burdens and obligations relating to the Regular Membership 111 for such property. If fee simple title to a Single Family Lot, RR Lot, Multiple Family Tract, Dwelling Unit or other parcel of property, as aforesaid, is held by more than one ill person or entity, jointly or in common, the Regular Member- ship and benefit burdens appurtenant to that property and membership shall be shared by all such persons or entities 111 in the same proportionate interest and by the same type of ownership in which fee simple title to that property is held; PROVIDED, HOWEVER, that for purposes of voting, where undivided interests are as held by more than one person, ill one person shall be designated to vote the entire interest entitled thereto. Such designation shall be in writing signed by the.designor(s), and shall be effective until revoked by written signed instrument. Membership in the Association shall be limited to owners of Single Family Lots, RR Lots, Multiple Family Tracts, Dwelling Units or other parcels of property as aforesaid except as herein- after specifically provided with respect to the Special Membership of Los Amigos Ranch Partnership. The term Member as used herein shall mean a Special Member as well as a Regular Member. I-27 • 9.17 Los Amigos Ranch Special Membership. Los Amigos Ranch Partnership shall, at all times, have and be deemed to hold, in addition to any Regularr Memberships it may hold by virtue of its ownership of unsold Lots and/or Multiple Family Tracts, a Special membership in the Associa- tion without regard to whether Los Amigos Ranch Partnership is the owner of a Single Family Lot, RR Lot, Multiple Family Tract, Dwelling Unit or other parcel of property. As the holder of this Special Membership, Los Amigos Ranch Partnership shall be entitled to notice of all meetings of Regular Members of the Association and shall be entitled to speak and be heard at any such meetings and shall have the vote of one regular membership on all matters submitted to a vote of Regular Members. As the holder of this Special Membership, Los Amigos Ranch Partnership shall also have the power and authority to designate sixty percent (60%) of the members of the Board of Directors of the Association until the fourth .annual meeting of the Regular Members of the Association and for four years thereafter; the power and authority to designate forty percent (40%) of the members of the Board for the following three years; and the power and authority to designate at least one member of the Board of the Association for the following 10 years, such designa- tions to be made at least annually and immediately following election of Board .Members. ofthe Board by Regular Members of the Association. As holder of the Special Member- ship, the approval of Los Amigos Ranch Partnership shall be required as a condition to merger, consolidation or dissolu- tion of the Association. Except as herein stated, Los Amigos Ranch Partnership, as the holder of this Special Membership shall have no other rights and be subject to no other obligations by reason of such Special Membership. 9.1$ Board of Directors. The affairs of the Associa- tion shall be managed by a Board of Directors as provided for in the Articles of Incorporation of the Association which may, however, delegate any portion of its authority, by resolution, to an Executive Committee, or to an Execu- tive Manager or Director for the Association who shall be paid reasonable compensation as shall be established by the Board of Directors. Members of the Board of Directors, other than those designated by Los Amigos Ranch Partner- ship, shall be elected annually by the Members as hereinafter provided. Members of the Board of Directors shall be entitled to such reasonable compensation for the performance of their duties as shall from time to time be determined by vote of the Board to be appropriate. So long as Los Amigos Ranch Partnership shall have the right to appoint forty percent (40%) or more of the members of the Board of Directors of the Association, the said Board of Directors shall be vested with absolute control of the Association's budgets to be established from time to time. • I-2$ • 9.19 Voting of Members. Each Regular Member shall have one vote for each Single Family Lot, RR Lot, or Multiple Family Tract prior to construction of improvements thereon, and for each Dwelling Unit owned by that member on a Multiple Family Tract after construction of improvements thereon, and each parcel of property under any other land classification designation specified in a Supplemental Declaration, in the election of members of the Board of Directors of the Association, other than members to be des- ignated by Los Amigos Ranch,Partnership, and in all other matters submitted to the vote of Regular Members. In all voting by Members, cumulative voting and voting by Proxy shall be allowed and permitted. 9.20 Notices to Members. Los Amigos Ranch Partnership, as the holder of a Special Membership, and each regular Member shall be entitled to not more than sixty (60) days and not less than thirty (30) days notice of all meetings in which a vote of Members is to be taken and of the amount of all assessments which the Member is obligated to pay. Notice shall be considered given when written notice is mailed or telegraphed to a Member -addressed to the Member under the name and address for the Member furnished by the Member to the Association and, in any event shall be deemed given when the Member actually receives notice. If a Member fails to furnish a name or address to the Association to which notices may be mailed, the Association shall be en- titled to give notice by mail, telegraph or delivery of a written notice to the address of such Member's property, addressed "Care of Owner". 9.21 Certificate of Incorporation and By -Laws. The purposes and powers of the Association and the rights and obligations inherent in membership set forth in this Declaration may and shall be amplified by provisions of the Certificate of Incorporation and By-laws of the Associa- tion, including any reasonable provisions with respect to quorum required at meetings of Members and with respect to other corporate matters, but no such provisions may be, at any time, inconsistent with any provision of this Declara- tion. 9.22 Member's Obligation to Pay Assessments and Other Amounts. Los Amigos Ranch Partnership, with respect to all. property which may now or hereafter be subject to this Declaration, hereby covenants and each owner of any such property or any right, title or interest therein, whether or not it be so expressed at the time of acquisition of such right, title or interest, shall be deemed to covenant and agree with each other and with the Association to pay to the Association assessments as provided in this Declara- tion and such reasonable and uniformly (as provided in Section 9.23 hereof) applied charges for the use of Associa- tion facilities which may be established by the Association as provided in this Declaration and such reasonable and 1111 I-29 • uniformly applied fines and penalties imposed for violation 111 of rules and regulations adopted by the Association as pro- vided in this Declaration. 1419.23 Assessments. Each Member of the Association shall be obligated to pay and shall pay to the Association at least annually, an amount which shall be levied on the basis of a Single Family Lot. Los Amigos Ranch Partnership reserves the right to establish the formula or basis for assessment against each parcel of property under any other land classification designation established by a Supple- mental Declaration provided the same shall be equitable, in its reasonable opinion, to each member of the Association. The total amount required to be raised by assessment shall be determined as provided in the section of this Declara- tion entitled Determination of Total Amount of Assessments. 9.24 Determination of Total Amount of Assessments. The total amount required to be raised by assessments for the Association shall be determined at least annually in accordance with the following procedure. The Board of Directors of the Association shall prepare a budget, cover- ing at least a one-year period, showing, in reasonable detail, the various functions and matters proposed to be 111 covered by the budget, showing the estimated costs and ex- penses of such functions or matters, showing the estimated income and other funds which may be received by the Associa- tion, and showing the estimated total amount of assessments required to cover costs and expenses and to provide a reasonable reserve; shall call a meeting of the Members and give not more than sixty (60) days and not less than thirty (30) days notice of the time and place therof to all such Members; and shall furnish a copy of the budget to all such Members not more than sixty (60) days or less than thirty (30) days prior to such meetings. The total amount to be raised by assessments shall be that amount necessary to cover the costs and expenses of functions re- quired to be undertaken or performed by the Association under this Declaration and to fulfill any and all long-term or continuing commitments of the Association made in connec- tion with or contemplated under any previously approved budget plus such additional amount, if any, determined or approved by the majority of the Members either at or after such meeting. The Association shall, except as emergencies may require, make no commitment or expenditures in excess of the funds reasonably expected to be available to the Association; PROVIDED, HOWEVER, anything herein to the con- trary notwithstanding, there may by virtue of this provision alone be a special assessment in an amount suf- ficient to meet any sums payable by the Association to the supplier of water service for additional treatment facili- ties for the benefit of the Association. Said special assessment shall be due and owing by Association members within sixty (60) days of the date upon which the Associa- tion becomes liable to the water supplier. t1 • 1_30 The individual dwelling Unit assessment here,l.r er shall be determined IIIannually by the Board of Directors. 9.25 Approval of New Functions or Facilities. Prior to III acquisition of a new facility, except from Los Amigos Ranch Partnership, or undertaking a new function (a new facility or new function being hereby defined as a facility or func- III tion not incidental to or reasonably required in connection with a then existing facility, or the performance of an existing function, and not a replacement of an existing ill facility); and prior to acquisition of any facility costing in excess of $5000 not included in an approved budget; and prior to making a commitment with respect to any of the foregoing, the Board of Directors of the Association shall III estimate the initial cost and subsequent income, cost and expenses of the facility or function; shall furnish a copy of its estimate to all Members; shall call a meeting to III discuss the same and give not more than sixty (60) days and not less than thirty (30) days written notice thereof to all Members; and shall, at or after such meeting, obtain I the approval of sixty percent (60%) of the Members, and the written consent of Los Amigos Ranch. 9.26 Lien for Assessments and Other Amounts. The Asso- 1 ciation, its successors in interest and/or assigns, shall have a lien against each parcel of property which may be subject to this Declaration to secure payment of any assess- '. ment, charge, fine, penalty or other amount due to the Association from the owner of that property which is not paid, plus interest from the date of demand for payment at ill the rate of two percent (2%) above prime at the Bankof Glenwood Springs per annum, plus all costs and expenses of collecting the unpaid amount, including reasonable at- torneys' fees. The lien may be foreclosed in the manner for III foreclosure of mortgages in the State of Colorado. The pri- ority of the same may be perfected by recording a lien statement in the office of the Clerk and Recorder of 111 Garfield County, Colorado, against the property affected. 9.27 Personal Liability of Member. The amount of any III assessment, charge, fine or penalty payable by a Member shall be a joint and several personal obligation to the Association of the persons or entities who constitute the Member at the time the amount was payable, their heirs, 111 presonal representatives, successors and assigns and may be recovered together with reasonable attorneys' fees by a suit for a money judgement by the Association without IIIforeclosing or waiving any lien securing the same. 9.28 Liability of Purchasers and Encumbrances. A pur- l" chaser of any property subject to this Declaration shall be jointly and severally liable with the seller of the prop- erty for all unpaid assessments, charges, fines or 111 penalties with respect to the owner of the property, or the Membership appurtenant thereto which had accrued or were 1 • • I-31 payable at the time of the grant or conveyance of the property to such purchaser, without prejudice to such purchaser's right to recover any of said amounts paid by the purchaser from the seller. No holder of a lien or encumbrance on any property shall be personally liable for any such assessment, charge, fine or penalty and the lien for such assessments, charges, fines or penalties shall be junior to any lien or encumbrance on any pro- perty taken or acquired in good faith and for value without notice and perfected by recording prior to the time a notice of failure to pay any such amount is recorded in the office of the County Clerk and Recorder of Garfield County, Colorado, against the property affected. 9.29 Estoppel Certificate. Upon payment of a reasonable fee and upon written request of any person with an interest in any property subject to this Declaration or intending to acquire an interest in such property, the Association shall furnish a writ- ten statement setting forth the amount of any unpaid assessments, charges, fines or penalties, if any, with respect to the owner of the property or the Membership appurtenant thereto and the amount of the current yearly assessments with respect to the pro- perty, which statement shall be conclusive upon the Association. IN WITNESS WHEREOF, the foregoing Declaration was executed on the day and year above first written. STATE OF COUNTY OF BY: ss. LOS AMIGOS RANCH PARTNERSHIP Thomas E. Neal, Managing Partner The foregoing instrument was acknowledged before me this day of , 1984, by Thomas E. Neal, Managing Partner of Los Amigos Ranch My Commission expires: Notary Address 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EXHIBIT IIAlt A part of Sections 5 and 8, Township 7 South, Range 88 West of the 6th P.M., being more particularly described as follows: Beginning at a point on the Westerly right-of-way of County Road No. 114, whence a stone for the closing corner to the northeast corner of said Section 8 bears N. 73°15'34" E. 1508.87 feet, with all bearings contained herein being relative to a bearing of S. 00°32'11" W. between the East Quarter Corner and the Southeast Corner of said Section 5; thence from a tangent bearing S. 20°40'01" W. Southwesterly, 60.13 feet along the arc of a 2341.71 foot radius curve to the left having a central angle of. 1°28'17" and subtending a chord bearing S 19°55'52" W. 60.13 feet along said Westerly right-of-way; thence N. 66°16'26" W. 50.00 feet; thence S. 37°08'53" W. 214.12 feet; thence S. 07°25'02" W. 245.,00 feet; thence N. 90°00'00" W. 2368.30 feet; thence N. 01°31'35" W. 378.08 feet; thence N. 15°40'46" W. 296.02 feet; thence N. 54°14'46" W. 308.06 feet; thence S. 87°57'17" W. 420.27 feet; thence N. 00°00'00" E. 367.85 feet; thence N. 90°00'00" E. 700.07 feet; thence N. 17°53'47" E. 631:45 feet; thence N. 30°04'05" E. 60.00 feet; thence S. 59°55'55" E. 168.81 feet thence N. 30°04'05" E. 290.65 feet; thence S. 81°38'00" E. 448.51 feet; thence S. 08°36'52" E. 79.63 feet 118.59 feet along the arc of a 190.01 foot radius curve to the a central angle of 35°45'35" and subtending a chord bearing S. feet; S. 44°22'27" E. 50.00 feet; 129.37 feet along the arc of a 270.00 foot radius curve to the a central angle of 27°27'14" and subtending a chord bearing S. feet; thence from a tangent bearing N. 88°08'17" E. Northeasterly 62.52 feet along the arc of a 1701.04 foot radius curve to the left, having a central angle of 2°06'22" and subtending a chord bearing N. 87°05'06" E. 62.52 feet; thence 163.94 feet along the arc of a 1050.00 foot radius curve to the right, having a central angle of 8°56'44" and subtending a chord bearing S. 89°29'42" E. 163.77 feet; thence S. 85°01'20" E. 442.73 feet; thence 192.25 feet along the arc of a 915.00 foot radius curve to the left, having a central angle of 12°03'39" and subtending a chord bearing N. 88°56'50" E. 192.25 feet; thence N. 82°55'00" E. 222.95 feet; thence S. 09°06'52" E. 428.95 feet; thence 233.88 feet along the arc of a 695.00 foot radius curve to the right, having a central angle of 19°16'52" and subtending a chord bearing S. 00°31'34" W. 232.78 feet; thence S. 10°10'00" W. 104.81 feet; thence 128.02 feet along the arc of a 477.49 foot radius curve to the left, having a central angle of 15°21'40" and subtending a chord bearing S. 02°29'11" W. 127.'63 feet; thence 92.49 feet along the arc of a 120.00 foot radius curve to the left, having a central angle of 44°09'39" and subtending a chord bearing S. 27°16'29" E. 90.22 feet; thence 228.88 feet along the arc of a 775.10 foot radius curve to the left, having a central angle of 16°55'08" and subtending a chord bearing S. 57°48'52" E. 228.05 feet; thence S. 66°16'26" E. 190.98 feet to the Point of Beginning. thence having 116.67 thence thence having 128.14 left, 26°29'39" E. right, 30°38'50" E. COUNTY OF GARFIELD STATE OF COLORADO • • SECTION II DESIGN REQUIREMENTS AND GUIDELINES FOR RESIDENTIAL AREAS OF THE LOS AMIGOS RANCH PUD GARFIELD COUNTY, COLORADO V. VI. DESIGN REQUIREMENTS AND GUIDELINES FOR THE RESIDENTIAL AREAS OF THE LOS AMIGOS RANCH PUD GARFIELD COUNTY, COLORADO TABLE OF CONTENTS PAGE THE DESIGN COMMITTEE II -1 GOALS OF THE DESIGN COMMITTEE II -1 PRELIMINARY CONSIDERATIONS II -2 DESIGN CONTROL GUIDELINES 11-3 Site Design 11-3 Building Design II -6 Miscellaneous Construction II -9 SUBMITTAL REQUIREMENTS II -10 A. Preliminary Review II -11 B. Final Review II -12 CONSTRUCTION II -14 Preliminary 11-14 During Construction II -15 Timely Completion 11-15 Certificate of Compliance II -16 After Completion II -16 A. B. C. A. B. C. D. E. EXHIBIT A EXHIBIT B EXHIBIT C EXHIBITS - Certificate of Architectural Approval II -17 - Notice of Change in Existing State of Property II -19 - Notice of Additional Time to Complete II -20 LOS AMIGOS RANCH DESIGN REQUIREMENTS AND GUIDELINES I. THE DESIGN COMMITTEE The Design Committee derives its legal existence and authority by virtue of the "Declaration of Protective Covenants for Los Amigos Ranch." No improvements or changes may be made on any lot without first securing the written approval of the Committee. The Design Committee consists of five members: three residents appointed by the Board, the Homeowner's Associa- tion manager and a licensed architect hired by the Board. The Committee meets monthly, or as necessary, to re- view plans submitted. These meetings are normally scheduled for the second Tuesday of the month. Lot owners and their architects are encouraged to attend the review meeting, but it is not required that they do so. Lot owners and their Architects are encouraged to dis- cuss proposed projects with the Design Committee prior to the actual design process. It should be pointed out, how- ever, that a positive or affirmative reaction during these preliminary discussions does not constitute architectural approval. Such approval can only be granted by the Committee as a whole during a scheduled review meeting after a submittal has been made. A Certificate of Archi- tectural Approval is then issued. II. GOALS OF THE DESIGN COMMITTEE Los Amigos Ranch has been designed and executed to provide the opportunity for living in harmony with a uniquely natural environment. Preservation of the natural amenities inherent in the pinion and juniper covered slopes, the rolling wheatlands, the sun and the views is a comprehensive goal for all development at Los Amigos Ranch. The best that can be hoped is to disturb the natural setting as little as possible. Every structure should con- tribute positively to the overall natural environment of Los Amigos Ranch. It is the intent of the Committee to encourage crea- tivity and sensitivity to the natural setting and to protect all the people who purchase homes or building sites from any construction which might tend to detract from the enjoyment of the natural surroundings. It is with full ap- preciation of the responsibility to all the owners that the Design Committee administers the design controls. Introducing a structure unobtrusively into the natural environment and disturbing the views and enjoyment of neigh- boring properties as little as possible are the primary goals of the design criteria that the Committee will apply. Pil To meet these goals and to apply them to a given site with- in the constraints of function and budget can be a formidable task, requiring the cooperative efforts of every- one involved. The Committee looks forward to working with !' you in this spirit of cooperation, and to the realization of your project. 011 III. PRELIMINARY CONSIDERATIONS In order to expedite the approval by the Design Committee, and to insure getting the design process started on the correct path, some consideration should be given to these important items. 1. Read this pamphlet carefully and have your archi- tect do the same. 2. Read the Declarations of Protective Covenants applying to your lot. These documents are re- ferred to in the title insurance commitment issued to you upon purchase, and the title company should provide you with a copy. You will also need the information on the recorded plat of the subdivision and the building site and build- ing envelope maps filed with the Covenants that apply to your subdivision. 3 You and your architect should discuss your ideas and objectives with a member of the Design Committee before doing any drawing. It is strong- ly recommended that your architect visit and investigate the site prior to initial design work. The corners of all lots have been monu- mented, as has the building site as selected by the Los Amigos designers. If you cannot find any of these monuments, seek the assistance of a licensed surveyor before beginning planning. 4 Before your architect begins his site design, he should have an accurate topographic survey prepared by a licensed surveyor. This topographic map should show all lot corners, the building location stake and envelope, significant natural features, and major trees on the site, as well as the topographic contours. This map should be prepared at a minimum scale of 1"=20', with a contour interval of 2' maximum. Topographic extra- polations from aerial surveys are not sufficiently accurate for this purpose. 1 5 In some instances it may be advisable or neces- sary to obtain a geologic analysis of the site before design begins. 11-3 IV. DESIGN CONTROL GUIDELINES • The following are the major items the Design Committee will consider with regard to the criteria by which the Committee reviews your design. A. Site Design 1. General: The building site of Los Amigos Ranch are Generally sloping, ranging from moderate to quite steep. Structures must be designed to fit the site, rather than adjusting the site to make a given design work. 2. Building Location and Building Envelope: Each lot has been analyzed by the designers of Los Amigos, and the optimum building location has been chosen and shown on the Building Location and Building Envelope Plat filed as part of the Covenants for your subdivision. By reference to the Final Plat, you and your architect can ascertain the intended location for the structure. This location was chosen taking into account the views and exposure of all the adjoining sites, as well as the best location within the lot. Your building must be sited to be within the building envelope outline shown on the filed plat. The Committee will consider alternate building locations only for just cause. If you wish to place your building other than indicated, you must show that the proposed location is no more impacting to neighbors and the overall appearance of Los Amigos and that there is some overriding concern in the building design that cannot be satisfied within the indicated enve- lope. You must also comply with the conditions as discussed on the Final Plat. Minor variances due to encroachment outside the envelope may be granted as a matter of course, as long as the structure is in general compliance, and the encroachment does not have a negative impact on surrounding areas. 3. Grading: All grading must be done in such a manner as to blend with the existing contours. Grading not related to building access or drainage will be discouraged. Excessive cutting and filling should not be necessary if adequate attention is paid to the site during the design process, and will not be accepted • • II -4 without justification. The use of retaining walls that relate to the design of the struc- ture can be a good design solution where level changes are necessary on the site. 4. Driveways and Parking: Driveway grades should be kept to a maximum of 8% for satisfactory year round use. Steeper grades are not pro- hibited, and may be necessary in some cases, but are generally discouraged. You are encouraged to discuss your driveway access with the com- mittee prior to design. A minimum of two covered garage parking spaces must be provided for each single family lot and a minimum of one covered garage parking space must be provided for each two bedrooms. Covered garage parking spaces must be physic- ally attached and incorporated into the overall design of single family structures. 5. Trees: Indicate on the Site Plan existing trees 6" caliper and greater and all trees to be removed, including those removed for the septic tank and leachfield. Unwarranted tree removal will not be allowed. All trees to be removed must be flagged on the site and inspected by a member of the Committee prior to removal. Without exception, the design of the site and access driveway shall minimize the removal. 6. Fences: Generally, fences are discouraged but will be considered on an individual basis. Indicate on the Site Plan all fences to be built and their height and type of construc- tion. Any fences not shown on the Site Plan and not built as part of the original struc- ture, must be submitted for approval separately at the time of construction. Fences should be designed as an integral part of the structure design and enclose a minimum area. Fencing should be confined to the area around the house where irrigated lanscaping is allowed. In no case will a fence which defines any property line be allowed. Irrigated landscape areas of non -indigenous lawn materials should be screened. Outdoor lawn and activity areas can be successfully screened by the construction of contoured earth berms and planted with shrubs and native vegetation, in lieu of fences which are typi- cally used. • II -5 • Dogs must be confined in escape -proof en- ill closures, fenced yards or dog runs. Chain link fencing may be used for this purpose but is discouraged for other purposes. III Fences should be constructed of wood and left to weather naturally or stained a sub- dued earth color to blend with the natural III terrain and the house color. Fences painted in non-earthtone colors will not be allowed. Barbed wire or wire strand fences will not be allowed. Children's play areas and III swimming pool may be enclosed with chain link fencing, but should be screened with landscaping or berms. All fences outside the I building envelope shall be designed at a maximum height of 42 inches and constructed to prevent the capture of deer jumping them III and as approved by the Colorado State Division of Wildlife. 7. Exterior Lighting: All exterior lighting 14 must be shown on the drawings submitted for approval. 1111 . Exterior lighting should be kept to the mini- mum amount necessary. The Committee will be primarily concerned with the impact of III exterior lighting on neighboring properties. Lighting fixtures should be kept low to the ground, and the light pattern from fixtures should be designed to illuminate only the I ground plane. Fixtures with bare light sources that can be seen from adjoining prop- erties will not be allowed. High mounted ill flood lighting will not be allowed. High- intensity discharge premises lighting such .as used on farms and ranches will not be 111 allowed. $. Trash and Meter Screening: Trash containers III must be located within the structure or en- closed screen fencing. -Utility meters must be screened but readily accessible to utility company employees. 111 9 Landscaping: Irrigated landscape area is limited by the Declaration of Covenants. III Manicured lawns are discouraged, but small lawns for outdoor activity areas are accept- able. Decks or patios can be used for III outdoor living space and are encouraged in lieu of lawn. 1 ■ II -6 • In general, the native vegetation should be allowed to remain as much as possible, and irrigated areas of new planting should be integrated with the native materials. Earth berms can be used to m;ake the transi- tion from native to new planting, and to define outdoor spaces around the house. Land- scaping which utilizes boulders from the site and native grasses are encouraged. Sharply defined landscape areas and formal arrangements of major plant materials, except for fenced vegetable gardens, which should be screened from public view, will not be allowed. Landscaping must be carefully designed and implemented in order to maximize the benefit from the limited irrigation allowed. New trees and vegetation can be used to provide wind and sun breaks and to afford a measure of natural air conditioning and protection if properly located. Irrigated planting areas can be broken up into small areas which can be placed for greatest benefit. 10. Recreation Vehicle Storage: Campers, snow- mobiles, boats, motor homes, etc. must be stored in an area which is screened from view if stored outside the garage. The screening can be accomplished with landscape planting, fence or earth berms, or a combin- ation of these. Show areas for R.V. storage on Site Plan and indicate method of screen- ing. B. Building Design 1. General: Los Amigos Ranch is a unique en- vironment in the Colorado Rocky Mountains with individual characteristics of landform, views and vegetation, and the architecture built there should reflect this environment. The Design Committee encourages creativity and responsiveness to the natural environ- ment, and protection to all the owners of Los Amigos from ill-suited design. Building sites are generally sloping down to the South, and building forms which follow the slope and maintain a low profile are encouraged. Architectural solutions which have floor levels stepping down to follow the slope can be a good answer in this type of terrain. • II -7 • One of the major criteria for the design of Los Amigos and the selection of building sites was the solar potential of the land. Each site was chosen for best solar access, and it is feasible that every structure could be a passive solar design structure. While not mandatory, solar design and energy conservation design is encouraged. Considera- tion should be given to minimizing North -facing glazing, and to earth berming along the North side of structures, as well as other energy conserving techniques. Although discouraged, the Committee will review plans based on various prefabricated or precut package buildings which are on the market. The Committee will be concerned primarily with the quality and design char- acter of such buildings and whether they add to the overall aesthetic fabric of Los Amigos. Plans for such structures must be submitted by a licensed Architect with the same documentation as required for any other submittal. 2. Height Limits: the maximum building height may not exceed 30 feet as measured vertical- ly from any point of the existing grade to the highest point of the roof at that point of existing grade. 3 Floor Plans: The basic interest of the Committee in regard to the Floor Plan is its effect on the exterior expression of the builidng, and adherence to restrictions as to number of dwelling units allowed as outlined in the Covenants. Generally, the Committee will be concerned that a well de- signed plan usually results in an exterior appearance that relates well to the natural environment. The plan as well as the eleva- tions should relate to•the topography of the land, rather than trying to fit a precon- ceived floor plan to a given site. To this extent projects that require extensive grad- ing and/or construction of retaining walls should be discouraged. The :minimum foot print of the foundation excluding the garage shall be 1200 sa. ft. 4 Exterior Elevations: Exterior materials should be few in number and sensitively used. Exterior cladding or veneers should be primarily natural wood materials, colored to relate to the surrounding area or rock or stone. Painted aluminum or solid vinyl siding will not be allowed. Stucco and masonry can be used sparingly to good effect. • II -8 • Exposed concrete or masonry foundations and basement walls must be clad with the same materials used elsewhere on the house. Con- crete retaining walls may be required to III be clad if the Committee feels they are too harsh if left exposed. lgl Window fenestration should be carefully con- sidered and appropriate to the climate and available views. Wood or dark anodized frames III are permitted. No bar aluminum or clear ano- dized windows, storm or screen doors or windows will be allowed. 1 Fake facades and imitation period style de- signs such as "Swiss chalet," "Colonial," "English half-timber," "Spanish Colonial," III etc., which are not in keeping with the his- torical and regional context of Los Amigos Ranch, will not be allowed. "Gingerbread" II ornamentation and decoration is discouraged. Design character and detailing should be compatible with the natural surroundings and harmonious with the neighborhood. 311 5 Roofs: Roofs must be wood shingle or shake, metal of approved color or gravel of approved I color. Rocfs must be flat or sloped having a minimum slope of 1. inches per foot. Earth covered roofs are acceptable provided they ill are planted with native grasses and wild- flowers and not heavily irrigated lawn grass. Roof design is considered important due to III the sloping terrain of Los Amigos and the potential of view overlook of your building. Garages or accessory structures must be at- tached to the main structure and must have MI continuity of design and finish with thr main structure. Roofs should blend with the III natural surroundings and be as unobtrusive as possible. 6 Color: Exterior finish and trim colors must be earth -tone hues relating to the natural 111environment. Bright colors tend to call at- tention, visually stand out too much, and illmust be used extremely sparingly if at all. Future repainting samples must be submitted III for approval if not identical to the origi- nally approved colors. ill 7. Construction Detail and Method: The purpose of the requirement for submittal of a cross II -9 section of the building is for the Committee to ascertain the proposed quality of con- struction. Buildings should be built of materials that allow adequate maintenance and upkeep and should be well insulated. Double glazing of windows is required, and roofs should be designed for heavy snow loads. $. Building Codes and Other Regulations: Local Building Codes and other regulations such as energy codes, county regulations, etc., must be complied with. The Committee may advise and point out any obvious code vio- lations that may be apparent, but assumes no liability to do so. Approval of plans by the Committee does not constitute approv- al by the local building inspector or any other applicable authority. Before construc- tion begins, a building permit must be secured from the building inspector and any other required special permits obtained. The building inspector requires notification for inspections. Each time the building in- spector is called, the Committee must also be notified. The Committee will make periodic inspections to insure compliance with approved plans. C. Miscellaneous Considerations 1. Drainage: Roof drains, perimeter drains, or surface drains cannot be connected to sanitary sewers. These drains should be con- nected to a subsurface gravel dry well where they can percolate into the ground or flow to a natural drainage course capable of the runoff. 2. Signs and Numbers: The Committee has juris- diction over all signs located on any property. No signs shall be allowed other than signs for "lease" or "sale" on the prop- erty. All unapproved signs on the property can be removed without notice. House number, display location and type must be approved by the Committee. Signs in windows are pro- hibited. There will be a general graphics style common to all signs at Los Amigos. It is the responsibility of the Design Committee to establish the sign style. Signs are limited to natural materials and cannot be back - illuminated. All free standing signs, II -10 Iii • III excluding house numbers, cannot be over 36 . inches in height and 4 square feet in area per side. No sign may be placed within 20 1111 feet of a public right-of-way, unless due to unique circumstances approved by the Committee. lill 3 Road Damage: The owner is responsible for any damage to public or private roads by the construction of his project or by re- pairs or maintenance. Damage includes that caused by utility cuts in roads, washout or runoff damage caused by failure to install culverts or to properly engineer site AP runoff. Lugged vehicles are not permitted on roads. Utility stubs must be utilized where provided in order to avoid unnecessary cuts 4 into the road. 4. Detached Buidings: Detached buildings shall OP not be permitted. All structures for uses accessory to single family dwellings shall be incorporated into the design of the main structure. 5 Antennas: where allowed, T.V. antennas shall be placed as inconspicuously as possible 10 on the roof. Tall mast antennas for C.B., short wave radio, etc., will not be allowed, except by special review of the Committee, OP and if allowed, filters .capable of eliminat- ing interference are required. iill 6. Mail Boxes: Mail boxes shall be integral with house numbers and follow criteria set forth above for signs. I 7 Garage Opening: Garages shall be designed such that garage entrances are not directly visible from the frontage road or street, I in order to prevent the garage from becoming a major architectural feature of residential structures. AV. SUBMITTAL REQUIREMENTS The following are the required documents to be submit- ted for architectural review. Failure to submit any of these items can result in substantial delay in review and approval. 1 Two sets of documents must be submitted, along with . the required fee of $200 for review. One set of approval drawings will be filed for reference by the Committee, and one set returned to you. The returned set should be avail- able at the building site during construction for use by Committee members. • •II -11 • For remodeling or additions, two sets of documents must be submitted, along with a fee of $100 for review. The Committee will not consider submittals until all required documents and the required fee are received. Two phases of review are required: Preliminary and Final. The Committee will process both phases and provide inspections during constructin for the fee. A. Preliminary Review The Preliminary Review is mecessary to avoid having a large investment in plans and drawings that may not be acceptable, and to provide the Committee the opportunity to make basic comments before your plans are finished. This Preliminary Review should take place toward the end of the Schematic Design Phase of your architect's services. You are encouraged to meet periodically with the Committee as your design progresses to discuss • any questions. The Committee will informally review your plans at any regularly scheduled meet- ing, time permitting, and these informal meetings should serve to expedite the approval when you are ready to make your formal submittal. The Committee should be prepared to suggest examples of existing site plans and structure designs that comply with the guidelines. 1. Site Plans: Site plans must show existing and revised contours (see III -4 above), roof plan, walks, drives, parking and turnaround areas, fences, drainage, significant exist- ing trees and shrubs (those to be removed shown dashed and noted as trees to be removed), any auxiliary construction such as swimming pools, etc. The site plan must show the building envelope as recorded, as well as any easements of record. Show location of existing and proposed drainage, utilities, utility meters, trash enclosures, and pro- posed septic tank and leachfield, if applicable. 2. Floor Plan: The use of each area must be labeled (kitchen, bedroom, etc.). Show the elevation of each floor level. 3 Exterior Elevations: A minimum of four ele- vation views are required. Show existing and finish grades. Height of roof above the average existing grade must be shown. All �I �1 111 �1 exterior materials must be noted on draw- • ings, including siding material, roof finish, type of windows, etc. 4 Rendering or Model: An accurate rendering may be required if, in the opinion of the Design Committee, the design under considera- tion is of such complexity that it is necessary for adequate review. A three dimen- sion model may be provided in lieu of the re- quired rendering, and is encouraged, as it is a more realistic representation and is a better design tool. B. Final Review The Final Review should take place during the Con- struction Document Phase of your Architect's services. Plans should be sufficiently complete to provide the Committee with final detail and material selection information. Upon approval, a Certificate of Architectural Approval will be issued, and the approved set of drawings will be filed for inspection refer- ence. Any changes from the approved documents must be submitted for review, and the change ap- proved in writing. 1. Site Plan: Must show existing and revised contours, walks, drives, parking and turn- around areas, fences, drainages, trees and shrubs (those to be removed shown dashed and noted as trees to be removed), any auxil- iary construction such as swimming pools, etc. The site plan must show building loca- tion stakes and building envelope as recorded and any easements of record. Show location of existing and proposed drainage, utilities, utility meters, trash enclosures and proposed septic tank and leachfield, if applicable. Also show any exterior lighting not attached to the structure, and location of dog run, if provided. The site plan should indicate the outline of the building as it meets the adjoining grade, not as a roof plan. Indi- cate finish paving and walk materials, and show construction of retaining walls and site construction details. 2. Floor Plan(s): The use of each area must be labeled (kitchen, bedroom, etc.). Show the elevation of each floor level and any adjoining decks or patios. • II -13 • d 3 Roof Plan(s): Show all roof penetrations, chimneys, skylights, etc. Indicate materials. 101 4. Exterior Elevations: A minimum of four ele- vations is required. Show existing and finished grades. Height of roof above the il average existing grade must be shown. All exterior materials must be noted on drawings including siding material, roof finish, type of windows, etc. Show location of utility II meters, exterior lighting, trash enclosures, attached dog run, etc. Mil 5 Rendering or Model: If the design has changed significantly from Preliminary Review, and if the Design Committee elected Y to require a rendering or model, the render - 101 ing or model presented at the Preliminary Review must be upgraded and revised to re- flect the final design and shall be tied so 101 as to show its relationship to the exterior grade of the property. Minor design develop- ; ment changes will not require a revised 01 presentation, and the rendering or model used for Preliminary Review will suffice for Final Review. 6. Color Samples: Color samples must be submit- ted for the exact color intended to be used, and on the actual material on which color is to be applied. Prefinished material color must be submitted via an actual manufactur- er's sample. Paper chips or catalogue photos are not acceptable. 7. Exterior Lighting: Submit catalog sheets showing type and size of fixture at each location and specify bulb wattage to be used. 8. Landscape Plan: Submit landscape plan show- ing all areas to receive irrigated landscaping. Identify plantings to be in- stalled and ground surface materials. Indicate outline of native materials to remain undisturbed. 9. Cross Section: At least one building cross section must be submitted, and drawn at a scale sufficient to show construction details. 10. Structural Drawings: Submit structural draw- ings showing structural system, including sizes and design criteria used. 1 1 • II -14 Each drawing should have its scale clearly stated. Plan drawings must identify the north direction. The subdivision and lot number, owner's name, mailing address and phone number, and architect's registration stamp, address and phone number should be listed on the drawing. VI. CONSTRUCTION A. Preliminary Before any construction or excavation begins, and before any vegetation is disturbed, the following considerations must be satisfied, in additon to securing a Building Permit from the local authority: 1. Certificate of Architectural Approval: Upon satisfactory review and approval of your final plans the Design Committee will issue a signed and completed Certificate of Archi- tectural Approval (See Exhibit A). The bottom portion of this form will not be com- pleted (see #5 below). If the Certificate contains any exceptions or conditions, you must acknowledge these exceptions or condi- tions by your signature. The lower portions of the Certificate must be filled out accord- ing to #5 below, and a completely finished Certificate returned to the Design Committee. When your plans have been ap- proved and your Certificate issued, a notice 'to this effect will be recorded against the property (see Exhibit B). 2. Contractors: Garfield 'County regulations gov- erning the licensing of general contractors and subcontractors must be adhered to. In the case of a single-family structure, the owner acting as general contractor is dis- couraged. 3 Construction Deposit: After the Certificate of Architectural Approval has been issued and before the applicable Garfield County Building Permit has been posted at the site, the general contractor or the owner must post a $1,000 Construction Deposit with the Board. The Construction Deposit is for the express purpose of assuring against damage to public or common -owned land and adherence to site clean-up. The Committee or the Board, at its discretion, can cause the res- toration or repair of public or common -owned property and/or clean-up of the construction site and/or affect dust control measures and deduct the costs for said work from the Con- struction Deposit. Upon issuance of a • Certificate of Compliance (see B -D below), the entire or unused portion of the Construc- tion Deposit will be returned to the party posting the deposit. In the event of damage or clean-up costs that exceed $1000 the Board or Homeowners Association shall pass on the cost deficiency to the contractor. 4 Staking and On -Site Inspection: After the Certificate of Architectural Approval has been issued, have the corners of your exca- vation staked and red -flag the trees and shrubs to be removed, including those re- quired for septic system and leachfield, if applicable. 5 Excavation Authorization: After your build- ing has been staked and trees flagged, notify the Design Committee for review. Upon an inspection of the site, the Committee will execute the authorization to begin exca- vation at the bottom of your Certificate of Architectural Approval. B. During Construction Construction sites must be kept as clean and or- derly as possible and materials stored in locations and in a way to minimize destruction of the vegetation around the site. Construction debris must be removed weekly or more often as may be necessary to prevent unsightly appearance and trash dispursion. Dust control measures must be taken as necessary to minimize dust. Members of the Design Committee will make periodic inspections to review compliance with approved plans and construction procedures. C. Timely Completion The Certificate of Architectural Approval is auto- matically revoked after one year if all the improvements have not been completed in accord- ance with the approved plans and specifications. In the event the Certificate is revoked, you can be required to remove all improvements and restore the property to its original condition. Therefore, if you encounter delays that will extend your completion time beyond one year, you must request an extension of time from the Committee. The request must be made in writing and accompanied by a recording fee of $2.00. If the request is granted, a Notice of Extension will be recorded with the County property records. 111 110 II -16 • IIID. Certificate of Compliance When the improvements have been completed upon 1111 your property, you should obtain a Certificate of Compliance to be recorded with your property records. This is not mandatory, but if not done, there could be some implication in the County 1records that the improvements were not completed in accordance with approved plans. II The Committee will inspect your house upon comple— tion and will have the Certificate executed and recorded upon request of the owner. The fee for 111 this inspection and recording is $25.00. E After Completion With most homeowners will desire further improve— ments to their property through the addition of landscaping, fencing, repainting, or construction of additions, etc. All such improvements or changes must be submitted to the Committee for review and approval prior to execution. CERTIFICATE OF ARCHITECTURAL APPROVAL LOS AMIGOS RANCH DESIGN COMMITTEE DATE: EXHIBIT A Approval of plans submitted by: Dated: Revision No. To be constructed on: Lot Subdivison is hereby given by the Design Committee, with the following exceptions or conditions: Authorized Signature This Certificate of Architectural Approval is revoked one year from date of issue if construction has not been completed in accordance with plans. If exceptions or conditions exist (above) please acknowledge by sign- ing one copy and return to: LOS AMIGOS RANCH DESIGN COMMITTEE, I hereby agree to the exceptions or conditions above: Owner's Signature • CONSTRUCTION Individuals making submittals are also advised that review of plans by the Los Amigos Ranch Design Committee does not necessarily cover compliance with local building codes or other authority. Approval for conformance with buliding codes must be sought directly from the local building inspector. After your plans have been approved, the following steps must be taken no more than two weeks before any excavation work is done on your property: 1st - Have the corners of your building staked and red flags placed on all shrubs and trees to be removed. 2nd - Contract a member of the Design Committee for an on-site review of your staking and flagging. ******** On-site stakes and flagging reviewed on (Date) and approval given to begin clearing and excavation. LOS AMIGOS RANCH DESIGN COMMITTEE By `Tommittee Member Signature) NOTICE OF CHANGE IN EXISTING STATE OF PROPERTY LOS AMIGOS RANCH PROPERTY: Lot ,Filing EXHIBIT B Subdivision , Garfield County, Colorado The owner of the above referenced property has received approval for a "change in the existing state of the property: from the Los Amigos Ranch Design Committee as provided in the protective covenants appli- cable to the property. The date of such approval was , 19 (the "Date of Approval"). Notice is hereby given that, as provided in the aforesaid protective covenants: failure to accomplish the Change within one year after the date of approval or failure to complete the proposed Change strictly in accordance with the description thereof and plans and specifications therefore approved by the Design Committee shall operate to automatically revoke the approval of the proposed Change and, upon demand by the Design Committee, the Propety shall be re- stored as nearly as possible to its state existing prior to any work in connection with the proposed Change. All persons with an interest in the property are cautioned to review the remedies available under the protective covenants of record in the event of any violation of the covenants, conditions and restric- tions contained therein. If there is compliance with the covenants, conditions and restric- tions contained in the protective covenants with respect to the change in the existing state of property, a Certificate of Compliance may be obtained from Los Amigos Ranch Design Committee, as successor to the Declarant, or from the Homeowners Association. It is suggested that such a Certificate of Compliance be obtained and recorded after completion of the change in the existing state of property. Issued this day of , 19 LOSAMIGOS RANCH DESIGN COMMITTEE By d II -20 EXHIBIT C NOTICE OF ADDITIONAL TIME TO COMPLETE LOS AMIGOS RANCH PROPERTY: Lot Filing Subdivision Garfield County, Colorado Reference is hereby made to that "Notice of Change in Existing State of Property" issued by the Los Amigos Ranch design Committee on and recorded in Book at Page in the records of the Clerk and Recorder, GarTield County, Colorado. The Los Amigos Ranch Design Committee has granted the Owner of the above referenced property a time extension to , 19 to complete the change in the property in accordance with the approved plans.. Issued this day of , 19_ LOS AMIGOS RANCH DESIGN COMMITTEE SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this day of , 1984, between Los Amigos Ranch Partnership, hereinafter referred to as "LARP", and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, hereinafter referred to as the "County", WITNESSETH: WHEREAS, LARP is the owner of certain real property located in Garfield County, Colorado, more particularly described on Exhibit "A" hereto, the final plat for subdivision, hereinafter referred to as the property and which is filed for record on even date herewith; WHEREAS, a Subdivision Improvements Agreement is required as a condition of approval of the aforesaid final plat (hereinafter referred to as "Plat") for Filing 1, Subdivision 2, Los Amigos Ranch P.U.D. and LARP wishes to enter into this Subdivision Improvements Agreement (hereinafter referred to as "Agreement") with the County; and WHEREAS, the County has required and LARP has agreed to pro- vide security or collateral sufficient in the judgment of the County to make reasonable provision for completion of certain public improvements as set forth on Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, LARP has agreed to execute and deliver a letter of credit to the County to secure and guarantee his performance of this Agreement and has agreed to certain restrictions regarding the property within this filing of Subdivision 2, all as more fully set forth hereinafter. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. LARP's Performance. On or before the sale of any lots in this Filing 1, LARP agrees to construct and install, or to cause to be constructed and installed, at his sole expense, all of the improvements designated in Exhibit "B" hereto and to be in compliance with: a) All final plat documents submitted prior to or at the time of final plat approval. b) A11 laws of the United States, State of Colorado, and its various agencies, affected special districts, and/or other entities providing utility services. c) Such other designs, drawings, maps, specifications, sketches and other matter submitted to and approved by any of the above stated governmental entities. IThe County agrees that provided such improvements are installed in accordance with this paragraph 1, then LARP shall be I deemed to have satisfied all terms and conditions of the zoning and subdivision laws, resolutions and regulations of Garfield County, Colorado, including, but not limited to, Resolution No. I 81-358 adopted by the County on December 1, 1981, and Resolution No. 82-182 adopted by the County on July 26, 1982, and the provi- sions of the letter of November 24, 1981 recorded at Reception No. 350199, Book 645, Pages 369-370. I2. Cost of Improvements. It is understood for purposes of this Agreement that the cost of all of said public improvements I is approximately $ , which amount the County finds reasonable and hereby approves and accepts. LARP has provided written confirmation of such estimates by LARP's engineering con- ' sultants, Schmueser & Associates, Inc. 3. Security for Improvements. LARP shall deliver a letter of credit issued by a state or national banking institution which I is licensed to do business in the State of Colorado, in a form acceptable to the County, which acceptance shall not be unreason- ably withheld. The amount of said letter of credit shall be I equal to the "Total Construction Costs" of $ Upon receipt from LARP of his certification that the public improvements set forth above have been completed and paid for, I the County shall return to LARP the letter of credit marked "satisfied in full" and shall acknowledge that all improvements have been completed in a satisfactory manner and shall otherwise I release the aforesaid letter of credit, in recordable form if requested by LARP. I No building permit shall be issued unless the Letter of Credit is in full force and effect or the public improvements described above have been completed satisfactorily. The County may, at its option, permit CARP to substitute other collateral acceptable to the County for the collateral originally given by LARP to secure the completion of the improve- ' ments as hereinabove provided. 4. Notice of Deficiencies. If the County determines that I the improvements within any phase are not constructed in - compliance with the specifications therefor, it shall furnish a written list of specific deficiencies to LARP. If the defi- ciencies have not been corrected, or if satisfactory arrangements I have not been made to correct such deficiencies, within thirty (30) days after the list is furnished, the County may draw on the letter of credit, such funds as may be necessary to complete the I construction of the improvements in accordance with such specifi- cations. • 5. Enforcement. In addition to any rights which may be provided by Colorado Statute, it is mutually agreed that the ' County or any purchaser of a lot or unit within the subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel the enforcement of this Agreement. Such authority shall include the right to compel ' rescission of any sale, conveyance, or transfer of any lot or unit contrary to the provisions of this Agreement, or as set forth on the Plat of the subdivision, or in any separate recorded ' instrument. Any such action shall be commenced prior to the issuance of a building permit by the County for such lot or unit; and in the event no such action is so commenced, then the County ' and any purchaser shall be deemed to have waived their rights and authority herein provided. 6. Approval of Plat. The County agrees to approval of the 1 Plat subject to the terms and conditions of this Agreement. 7. Amendment. This Agreement may be amended from time to ' time, provided that such amendment be in writing and signed by the parties hereto. 8. School Site Tap Fees. LARP agrees hereby to provide any ' tap fees necessary to hook up the elementary school to the Spring Valley Sanitation District and this obligation shall be met by LARP at such time as a building permit is issued for the elemen- tary school. The County agrees and recognizes that this portion of LARP's financial obligations herein is unknown due to the fact that the tap fees to be paid or provided for by LARP are due at a future unknown date, and therefore this obligation need not be calculated into the provisions of paragraph 3 herein. 9. Binding Effect. This Agreement shall be a covenant running with the title to each lot or unit within the subdivision and the rights and obligations as contained herein shall be binding upon and inure to the benefit of LARP, his successors and 1 assigns BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Attest: Clerk to the Board Chairman 1 LOS AMIGOS RANCH PARTNERSHIP 1 Thomas E. Neal General and Managing Partner STATE OF ) ss. COUNTY OF ) Subscribed and sworn to before me this day of by My Commission expires: STATE OF COUNTY OF ss. Notary Address Subscribed and sworn to before me this day of , by My Commission expires: Notary Address (4) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 y 1 EXHIBIT "A" A part of Sections 5 and 8, Township 7 South, Range 88 West of the 6th P.M„ being more particularly described as follows: Beginning at a point on the Westerly right-of-way of County Road No. 114, whence a stone for the closing corner to the northeast corner of said Section 8 bears N. 73°15'34" E. 1508.87 feet, with all bearings contained herein being relative to a bearing of S. 00°32'11" W. between the East Quarter Corner and the Southeast Corner of said Section 5; thence from a tangent bearing S. 20°40'01" W. Southwesterly, 60.13 feet along the arc of a 2341.71 foot radius curve to the left having a central angle of 1°28'17" and subtending a chord bearing S. 19°55'52" W. 60.13 feet along said Westerly right-of-way; thence N. 66°16'26" W. 50.00 feet; thence S. 37°08'53" W. 214.12 feet; thence S. 07°25'02" W. 245.,00 feet; thence N. 90°00'00" W. 2368.30 feet; 01°31'35" 15°40'46" 54°14'46" 87°57'17" 00°00'00" 90°00'00" 17°53'47" 30°04'05" 59°55'55" 30°04'05" 81°38'00" 08°36'52" thence N. thence N. thence N. thence S. :thence N. thence N. thence N. thence N. thence S. thence N. thence S. thence S. thence having 116.67 thence thence having 128.14 thence arc of W. W. W. W. E. E. E. E. E. E. E. E. 378.08 feet; 296.02 feet; :308.06 feet; 420.27 feet; 367:85 feet; `700.07 feet; '631245 feet; 60.00 feet; 168.81 feet 290.65 feet; 448.51 feet; 79.63 feet 118.59 feet along the 'arc of a 190.01 foot radius curve to the left, a central angle of 35°45'35"'and subtending a chord bearing S. 26°29'39" E. feet; S. 44°22'27" E. 50.00 feet; 129.37 feet along the arc of a 270.00 foot radius curve to the right, a central angle of 27°27'14" and subtending a chord bearing S. 30°38'50" E. feet; from a tangent bearing N. 88°08'17" E. Northeasterly 62.52 feet along the a 1701.04 foot radius curve to the left, having a central angle of 2°06'22" and subtending a chord bearing N. 87°05'06" E. 62.52 feet; thence 163.94 feet along the arc of a 1050.00 foot radius curve to the right, having a central angle of 8°56'44" and subtending a chord bearing S. 89°29'42" E. 163.77 feet; thence S. 85°01'20" E. 442.73 feet; thence 192.25 feet along the arc of a 915.00 foot radius curve to the left, having a central angle of 12°03'39" and subtending a chord bearing N. 88°56'50" E. 192.25 feet; thence N. 82°55'00" E. 222.95 feet; thence S. 09°06'52" E. 428.95 feet; thence 233.88 feet along the arc of a 695.00 foot radius curve to the right, having a central angle of 19°16'52" and subtending a chord bearing S. 00°31'34" W. 232.78 feet; thence S. 10°10'00" W. 104.81 feet; thence 128.02 feet along the arc of a 477.49 foot radius curve to the left, having a central angle of 15°21'40" and subtending a chord bearing S. 02°29'11" W. 127.'63 feet; thence 92.49 feet along the arc of a 120.00 foot radius curve to the left, having a central angle of 44°09'39" and subtending a chord bearing S. 27°16'29" E. 90.22 feet; thence 228.88 feet along the arc of a 775.10 foot radius curve to the left, having a central angle of 16°55'08" and subtending a chord bearing S. 57°48'52" E. 228.05 feet; thence S. 66°16'26" E. 190.98 feet to the Point of Beginning. COUNTY OF GARFIELD STATE OF COLORADO EXHIBIT "B„' 4 4101 LOS AMIGOS RANCH P.U.D. 1 FILING 1, SUBDIVISION 2 CONSTRUCTION COST ESTIMATES A. Sewer System (Including Elementary School Tap) 1 1. Service 5 each @ $500.00 $2,500.00 I Sub Total $2,500.00 B. Water System (Including Elementary School Boundary Line) I1. 8” Water 300 ft. @ $18.00 $ 5,400.00 2. 6" Water 3,350 ft. @ $15.00 50,250.00 1 3. 8" Valve 1 ea. @ $600.00 600.00 4. 6" Valve 4 ea. @ $400.00 1,600.00 I5. Fire Hydrant 3 ea. @ $1,200.00 3,600.00 I6 Service 10 ea. @ $500.00 5,000.00 I Sub Total $66,450.00 C. Road System 1 1. Earthwork 3,374 Ft. @ $8.50 $ 28,700.00 2. Base 4,700 Tons @ $9.00 42,300.00 1 Course 3. Chip Seal 3,374 Ft. @ $4.00 13,500.00 Sub Total $84,500.00 TOTAL ESTIMATED COST $153,450.00 1 1 1 i • ARTICLES OF INCORPORATION OF LOS AMIGOS RANCH HOMEOWNER'S ASSOCIATION, INC. The undersigned, acting as incorporator and desiring to form a body corporated under the Colorado Non -Profit Corporation Act does sign, verify and deliver in duplicate to the Secretary of State of the State of Colorado these Articles of Incorporation. ARTICLE I Name The name of the corporation shall be Los Amigos Ranch Homeowner's Association, Inc. ARTICLE II Period of Duration This corporation shall exist in perpetuity, from and after the date of filing these Articles of Incorporation with the Secretary of State of the State of Colorado unless dissolved according to law. ARTICLE III Purposes and Powers The purposes for which this corporation is organized and the nature of the activities to be carried on by it are as follows: A. To assure for the owner and occupants of all residential properties in the Los Amigos Ranch PUD, Garfield County, State of Colorado, created by Los Amigos Ranch Partnership, a Colorado general Partnership (hereinafter "LARP"), as owner of the Los Amigos Ranch PUD and referred to in the Master Declarations, and by Supplements to said Declarations as provided therein and as recorded in Garfield County, that Los Amigos Ranch Homeowner's Association, Inc. will be operated and maintained in a pleasant and orderly manner. B. To enforce, in its own behalf and in behalf of all mem- bers of the corporation, all covenants, restrictions and con- ditions set forth in the Master Declarations, these Articles and the terms and conditions of the Bylaws of this Association. • • To accomplish such purposes, this corporation may exercise all powers conferred by the Master Declarations of Los Amigos Ranch's PUD and all powers conferred by the Colorado Non -Profit Corporation Act which are not inconsistent herewith. ARTICLE IV Restrictions on Use of Net Earnings No part of the net earnings of this corporation shall inure to the benefit of any member or other person. Net earnings of this corporation shall not be deemed to have inured to the bene- fit of a member or other person: (1) As a result of the acquisition or construction of, or providing of management, maintenance and care of property owned by this corporation or property owned by any governmental entity which is used for the benefit of any member or occupant of such other property; or (2) As a result of any rebate of excess membership dues, fees or assessment; or (3) By the payment of reasonable compensation for services rendered to or for this corporation effecting one or more of its purposes, or by the reimbursement for any expense incurred for the corporation, by any officer, director, agent, employee or member, made pursuant to and upon authorization of the Board of Directors ARTICLE V Membership A. Membership. Each owner (owner as designated in Section 9:16 of the Master Declarations of Los Amigos Ranch PUD) shall automatically be a member of the corporation without the necessity of any further action on such person's part, and mem- bership in the corporation shall be appurtenant to and shall run with ownership of each such limit of property. Membership may not be severed from, or in any way transferred, pledged, mortgaged, or alienated except together with the title to said unit of property, and then only to the transferee of such title. Any attempt to make a prohibited serverance, transfer, pledge, mortgage or alienation shall be void. B. Voting Rights. The right to cast votes, and the number of votes which may be cast, for election of persons to the Board of Directors of the corporation and on all other matters to be voted on by the members shall be calculated in accordance with the provisions of paragraphs 9.16, 9.17 and 9.19 of the Declarations, which are: (2) • • 9.16. Regular Membership. There shall be one Regular Membership in the Association for each Single Family Lot, each RR Lot and each Multiple Family Tract prior to construction of improvements thereon, and each Dwelling Unit on a Multiple Family Tract after construction of improvements thereon, and for each parcel of property under any land classification designation specified in any Supplemental Declaration; and, each such Membership shall be appurtenant to the fee simple title to such Single Family or Multiple Family Tract, RR Lot Dwelling Unit or other parcel of property shall be deemed the owner or owners of the Regular Membership appurtenant to that property and title to and ownership of the Membership for the property shall automati- cally pass upon transfer of fee simple title to that property. Each owner or owners of a Single Family Lot, RR Lot, Multiple Family Tract, Dwelling Unit or other parcel of property as afore- said shall be at all times entitled to the benefits and subject to the burdens and obligations relating to the Regular Membership for such property. If fee simple title to a Single Family Lot, RR Lot, Multiple Family Tract, Dwelling Unit or other parcel of property, as aforesaid, is held by more than one person or entity, jointly or in common, the Regular Membership and benefit burdens apprutenant to the property and membership shall be shared by all such persons or entities in the same proportionate interest and by the same type of owernship in which fee simple title to that property is held; PROVIDED, HOWEVER, that for pur- poses of voting, where undivided interests are as held by more than one person, one person shall be designated to vote the entire interest entitled thereto. Such designation shall be in writing signed by the designor(s), and shall be effective until revoked by written signed instrument. Membership in the Association shall be limited to owners of Single Family Lots, RR Lots, Multiple Family Tracts, Dwelling Units or other parcels of property as aforesaid except as hereinafter specifically provided with respect to the Special Membership of Los Amigos Ranch Partnership. The term Member as used herein shall mean a Special Member as well as a Regular Member. 9.17. Los Amigos Ranch Special Membership Los Amigos Ranch Partnership shall, at all times, have and be deemed to hold, in addition to any Regular Memberships it may hold by virtue of its ownership of unsold Lots and/or Multiple Family Tracts, a Special Membership in the Association without regard to whether Los Amigos Ranch Partnership is the owner of a Single Family Lot, RR Lot, Multiple Family Tract, Dwelling Unit or other parcel of property. As the holder of this Special Membership, Los Amigos Ranch Partnership shall be entitled to notice of all meetings of Regular Members of the Association and shall be entitled to speak and be heard at any such meetings and shall have the vote of one regular membership on all matters submitted to a vote of Regular Members. As the holder of this Special Membership, Los Amigos Ranch Partnership shall also have the power and authority to designate sixty percent (60%) of the mem- (3) bers of the Board of Directors of the Association until the fourth annual meeting of the Regular Members of the Association and for four years thereafter; the power and authority to designate forty percent (40%) of the members of the Board for the following three years; and the power and authority to designate at least one member of the Board of the Association for the following 10 years, such designations to be made at least annually and immediately following election of members of the Board by Regular Members of the Association. As holder of the Special Membership, the approval of Los Amigos Ranch Partnership shall be required as a condition to merger, consolidation of dissolution of the Association. Except as herein stated, Los Amigos Ranch Partnership , as the holder of this Special Membership shall have no other rights and be subject to no other obligations by reason of such Special Membership. 9.19. Voting of Members. Each Regular Member shall have one vote for each Single Family Lot, RR Lot, or Multiple Family Tract prior to construction of improvements thereon, and for Dwelling Unit owned by that member on a Multiple Family Tract after construction of improvements thereon, and each parcel of property under any other land classification designation spe- cified in a Supplemental Declaration, the election of members of the Board of Directors of the Association, other than members to be designated by Los Amigos Ranch Partnership, and in all other matters submitted to the vote of Regular Members. In all voting by Members, cumulative voting and voting by Proxy shall be allowed and permitted. C. Proxies. The proxy system of voting by members of the corporation shall be permitted as shall cumulative voting. ARTICLE VI Amendments to Articles These Articles may be amended from time to time in accor- dance with the provisions of Colorado law, and shall be amended by members of the corporation to reflect amendments made to the Master Declarations, if applicable. ARTICLE VII Bylaws and Amendments Thereto The initial Bylaws of the corporation shall be adopted by the initial Board of Directors. Thereafter, the Bylaws may be amended by the members as provided in the Bylaws. Said Bylaws shall not conflict with the Master Declarations or any amendments thereto. (4) • • ARTICLE VIII Transactions with Officers and Directors No contract or other transaction between the corporation and any other person, firm, partnership, corporation, trust, joint venture, syndicate or other entity shall be in any way affected or invalidated solely by reason of the fact that any Director or officer of the corporation is pecuniarily or otherwise interested in, or is a director, officer, shareholder, employee, fiduciary, or member of such entity, or solely by reason of the fact any director or officer individually or in any entity in which any director or officer is in any way interested, may be a party or may be interested in a contract or other transaction with the corporation. ARTICLE IX Registered Office and Agent The address of the initial registered office of the cor- poration is Los Amigos Ranch, P.O. Box 1506, Glenwood Springs, Colorado, 81602; 2929 County Road 114, Glenwood Springs, CO 81601, and the name of the initial registered agent at such address is F. Malcolm Wall. ARTICLE X Initial Board of Directors The initial Board of Directors of this corporation shall consist of three (3) Directors, and the names and addressess of the persons who shall serve until their successors are elected and shall qualify, as provided in the Bylaws are: Thomas E. Neal c/o Los Amigos Ranch P.O. Box 1506 Glenwood Springs, CO 81602 James A.R. Johnson c/o Los Amigos Ranch P.O. Box 1506 Glenwood Springs, CO 81602 Malcolm Wall c/o Los Amigos Ranch P.O. Box 1506 Glenwood Spring, CO 81602 (5) i The Board of Directors may be expanded to as many as twelve (12) Directors by the Directors or members as provided in the Bylaws. ARTICLE XI Incorporators The name and address of the initial incorporator is as follows: F. Malcolm Wall c/o Los Amigos Ranch P.O. Box 1506 Glenwood Springs, Co 81602 IN WITNESS WHEREOF, I have signed and Articles of Incorporation this da STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) acknowledged these s ,, of net , Malcolm Wall The foregoin was subscribed and sworn to before me this day of fid)/ , 1984, by F. Malcolm Wall. My Commission expires: Svy,c) —//V6,„4 Notary/f /,0 7 Address (6) aarba/d<-,A. Co 3