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STATE OF COLORADO Indexing Note: Please index in grantee's index under "Grand Park" and "Grand Park Owners
COUNTY OF GRAND
Upon recording, please return to: Cornerstone Winter Park Holdings LLC
P.O. Box 30
Winter Park, CO 80482
Association, Inc." and in grantor's index under "Cornerstone Winter Park Holdings LLC"
HYATT & STUBBLEFIELD, P.C.
Attorneys and Counselors Peachtree Center South Tower
225 Peachtree Street, N .E., Suite 1200 Atlanta, Georgia 30303
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·TABLE OF CONTENTS·
(continued)
6.5. Forest Management 18
Chapter 7 Use and Conduct 20
7.1. Use, Occupancy, and Transfer oflnterests in Units 20
7.2. Rulemaking Authority and Procedures 21
Protection of Owners and Others 22
Owners' Acknowledgment and Notice to Purchasers 23
Chapter 8 Compliance and Enforcement 24
Compliance 24
Remedies for Non-Compliance 24
Board Decision to Pursue Enforcement Action 25
Attorneys' Fees and Costs 26
Enforcement of Ordinances 26
pART THREE: ASSOCIATION OPERATIONS 27
Chapter 9 Property Management 28
9.1. Acceptance and Control of Association Property 28
Maintenance of Area of Common Responsibility 28
Discontinuation of Operation 29
Restoring Damaged Improvements 29
9.5. Cooperation with Special Districts 30
Chapter 10
Provision of Services 31
10.1.
10.2.
10.3.
10.4
Provision of Services to Units 31
Provision of Services to Service Areas 31
Community Technology 31
Potable Water Service 32
Chapter 11
Association Insurance 33
11.1.
11.2.
11.3.
11.4.
Required Coverages 33
Deductibles 34
Policy Requirements 34
Insurance Premiums 35
Chapter 12
Association Finances 36
12.1.
12.2.
12.3.
12.4.
12.5.
( 12.6.
12.7.
Association Expenses 36
Budgeting for and Allocating Association Expenses 36
Special Assessments 38
Specific Assessments 38
Authority to Assess Owners; Time of Payment. 39
Obligation for Assessments 39
Lien for Assessments 40
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·TABLE OF CONTENTS·
(continued)
Exempt Property 41
Capitalization of Association 41
Use and Consumption Fees 41
PART FOUR: RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNIT¥ ••••••••••••••• .42
Chapter 13
Easements 43
13.1.
13.2.
13.3.
13.4.
13.5.
13.6.
13.7.
Easements in Common Area 43
Easements of Encroachment 43
Easements for Utilities and Other Infrastructure 44
Easements to Setve Additional Property 44
Easements for Maintenance, Emergency, and Enforcement 45
Easements for Lake and Pond Maintenance and Flood Water 45
Easements for Snow Removal and Stacking 46
Chapter 14
Chapter 15
Private Amenities 47
Disclosures and Waivers 48
Facilities and Setvices Open to the Public 48
Safety and Security 48
Changes in Master Plan 48
View Impairment 48
Radio and Telecommunication Towers 49
Chapter 16 Rights of Lenders 50
16.1.
16.2.
16.3.
16.4.
16.5.
16.6.
16.7.
16.8.
PART FIVE:
Notices of Action 50
Special FHLMC Provision 50
Other Provisions for First Lien Holders 51
Amendments to Documents 51
No Priority 52
Notice to Association 52
Failure of Mortgagee to Respond 52
Construction of Chapter 16 52
COMMUNITY DEVELOPMENT .•••••••••••••••••.•.•.•.•..•.•.•.•.•.••.•..•.••.•..•.••••.• 53
Chapter 17
Expansion of the Community 54
17.1.
17.2.
17.3.
17.4.
Expansion by Founder 54
Expansion by the Association 54
Additional Covenants and Easements 54
Effect of Filing a Supplement 55
Chapter 18 Additional Rights Reserved to the Founder 56
18.1. Special Development Rights 56
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18.2.
18.3.
18.4.
18.5.
18.6.
18.7.
18.8.
18.9.
18.10.
18.11.
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-TABLE OF CONTENTS-
(continued)
Marketing and Sales Activities 56
Access for Development Purposes 56
Right to Approve Changes in Grand Park Standards 57
Additional Covenants and Restrictions 57
Exclusive Rights to Use Name of Development 57
Easement to Inspect and Right to Correct 57
Right to Notice of Design or Construction Claims 57
Water Rights 58
Right to Transfer or Assign the Founder's Rights 58
Termination of Rights 58
PART SIX: PROCEDURES FORAND LIMITATIONS ON CERTAIN ACTIONS •••••••••••••••• 59
Chapter 19 Dispute Resolution and Limitation on Litigation 60
Agreement to Encourage Resolution of Disputes Without Litigation 60
Dispute Resolution Procedures 60
Initiation of Litigation by Association 62
Chapter 20 Changes in the Common Area 63
Assignment and Reassignment of Limited Common Area 63
Condemnation 63
Partition 64
Transfer, Mortgaging, or Dedication of Common Area 64
Chapter 21 Termination and Amendment of Community Charter 65
Term and Termination 65
Amendment 65
INDEX TO DEFINED TERMS .....................................••.•. 68
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·TABLE OF EXHIBITS·
EXHIBIT
TITLE PAGE FIRST
MENTIONED
A Initial Property 1
B Expansion Property 6
c Initial Rules 3
D By-Laws of Grand Park Owners Association, Inc. 3
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PREAMBLE
This Community Charter ("Charter," also referred to in other materials as the "CC&Rs") establishes a governance structure and a flexible system of standards and procedures for the development, expansion, administration, maintenance, and preservation of various residential properties and common areas within the master planned community known as Grand Park ("Grand Park") located in the Town of Fraser, Grand County, Colorado. The Grand Park master plan contemplates the integration of a various housing choices with select commercial uses, a network of pedestrian-friendly streets and trails, open spaces, and natural features to enhance the overall quality of life for residents. An integral part of the development plan is the formation of Grand Park Owners Association, Inc., a nonprofit corporation, to own, operate and/or maintain various common areas and community improvements and to administer and enforce this Charter and the other Governing Documents referenced in this Charter.
DECLARATION
Cornerstone Winter Park Holdings LLC, a Colorado limited liability company (with its successors and assigns, the "Founder"), as the owner of the property described on Exhibit "A", by executing and recording this Charter, declare that the property described in Exhibit "A" and any additional property made subject to this Charter by supplement or amendment, shall constitute the "Community" of Grand Park referred to in this Charter. This Charter shall encumber the title to such property, shall govern the development and use of such property, and shall be binding upon the Founder and the future owners of any portion of such property, their respective heirs, successors, successors-in-title, and assigns, and any other person or entity that now or hereafter holds any legal, equitable, or beneficial interest in any portion of such property. This Charter shall also be binding upon Grand Park Owners Association, Inc., its successors and assigns (the "Association").
The Community is a "planned community" as defined in the Colorado Common Interest Ownership Act, C.R.S. §38-33.3-101, et seq. (the "Act"), and is subject to the provisions of that Act in addition to the provisions of this Charter.
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PART ONE: INTRODUCTION TO THE COMMUNITY
To accomplish great things, we must not onLy act, but also dream; not onLy pLan, but also believe.
Anatole France
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A community is guided and governed by certain principles that each owner and resident, by choosing to own property or reside in the community, agrees to uphold. Those principles are set forth in the community's governing documents, which bind the community together, give it structure, and provide guidance to all who participate in its growth and evolution.
1.1. Scope and Applicability.
The Community has been established and is administered pursuant to various documents that
have a legal and binding effect on all owners and occupants of property in the Community, as well as on anyone else that may now or in the future have an interest in any portion of the property comprising the Community. Such documents, referred to in this Charter as the "Governing Documents," include this Charter and the other documents described in Table 1.1, as they may be amended. All owners and occupants, as well as their tenants, guests, and invitees, are required to comply with the Governing Documents.
GOVERNING DOCUMENTS | |
Community Charter: (recorded) | this Community Charter for Grand Park Residential Property, which creates obligations that are binding upon the Association and all present and future owners of property in Grand Park |
Supplement: (recorded) | a recorded supplement to this Charter, which submits additional property to this Charter, creates easements over such property, imposes additional obligations or restrictions on property described in the Supplement, designates service areas as described in Chapter 3, or any of the foregoing |
Articles of Incorporation: (filed with Secretary of State) | the Articles of Incorporation of Grand Park Owners Association, Inc., as they may be amended, which establish the Association as a nonprofit corporation under Colorado law |
By-Laws: (attached as Exhibit "D") | the By-Laws of Grand Park Owners Association, Inc. adopted by its Board of Directors, as they may be amended, which govern the Association's internal affairs, such as voting, elections, meetings, etc. A copy of the By-Laws is attached as Exhibit "D" |
Design Guidelines: (Founder adopts) | the design standards and architectural and aesthetics guidelines adopted pursuant to Chapter 5, as they may be amended, which govern new construction and modifications to property in the Community, including structures, landscaping, and other items |
Rules: (initial set attached as Exhibit "C") | the rules of the Association adopted pursuant to Chapter 7, which regulate use of property, activities, and conduct within Grand Park |
Board Resolutions: (Board adopts) | the resolutions which the Association's Board of Directors adopts to establish rules, policies, and procedures for internal governance and Association activities and to regulate the operation and use of the property which the Association owns or controls |
Table 1.1- Governing Documents
3
Governing Documents
Additional Covenants and Restrictions.
The owner of any property within the Community may impose covenants on such property in addition to those set forth in the Governing Documents, with such approval as may be required pursuant to Chapter 18. If the provisions of any such additional covenants are more restrictive than the provisions of this Charter, the more restrictive provisions control. The Association shall have standing and the power, but not the obligation, to enforce any such additional covenants.
Conflicts and Ambiguities.
If there are conflicts between any of the Governing Documents and Colorado law, Colorado law shall control. If there are conflicts between or among any of the Governing Documents, then the Charter, the Articles, and the By-Laws (in that order) shall control. If there is a conflict between the Governing Documents and any additional covenants recorded on any property within the Community (or the rules or policies adopted pursuant to any such additional covenants), the Governing Documents shall control.
The Governing Documents use diagrams, tables, and keynotes to illustrate concepts and assist the reader. If there is a conflict between any diagram and the text of the Governing Documents, the text shall control.
Space has been set aside throughout this Charter to allow the reader to make notes. Any such notes are not part of this Charter and have no legal or binding effect.
If any court determines that any provision of this Charter is invalid, or invalid as applied in a particular instance, such determination shall not affect the validity of other provisions or applications of such provision in other instances.
The Board may, by resolution, resolve any ambiguities in the Governing Documents, and
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any reasonable interpretation of an ambiguous provision shall be determinative.
Definitions.
Capitalized terms used in the Governing Documents have the meaning described in the paragraph where they first appear in bold print. An index to defined terms may be found at the end of this Charter. All other terms used in the Governing Documents have their usual, commonly accepted definitions.
Interpretation of Certain References.
Consent or Approval. All references in the Governing Documents to "consent" or "approval" shall refer to permission or approval which, unless otherwise expressly qualified in the specific provision, may be granted or withheld in the discretion of the Person whose consent or approval is required.
Discretion and Determination. All references in the Governing Documents to "discretion" or to the right to "determine" any matter shall mean the sole and absolute power or right to decide or act. Unless otherwise expressly limited in the Governing Documents or by law, anyone authorized in the Governing Documents to exercise its discretion or make a determination may do so without regard to the reasonableness of, and without the necessity of justifying, the decision, determination, action or inaction.
Person. References in the Governing Documents to a "Person" or "Persons" shall refer to an individual, a corporation, a partnership, a limited liability company, or any other legal entity.
Recording. All references in the Governing Documents to a "recorded" legal instrument, or to recordation or the recording of a legal instrument, shall refer to an instrument filed or recorded, or the filing or recording of a legal instrument, in the official records of Grand County, Colorado, or such other place designated as the official location for filing
4
Governing Documents
documents affecting title to real estate in Grand County in order to make them a matter of public record.
Community-Wide Standard Where the Governing Documents require compliance with the "Community-Wide Standard," the standard to be applied is the highest of: (a) the standard of use, conduct, architecture, landscaping, or aesthetic matters generally prevailing in the Community, or (b) the minimum standards described in this Charter, the Design Guidelines, the Rules, and Board resolutions. The Community-Wide Standard may contain objective elements, such as specific maintenance requirements, and subjective elements, such as matters subject to the discretion of the Board or the Reviewer (as defined in Chapter 5). The Community-Wide Standard may or may not be set out in writing. The Founder initially shall establish such standard; however, the Community-Wide Standard may evolve as development progresses and as Grand Park matures.
NOTES
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Chapter 2 Community Administration
Vibrant communities depend upon all if their stakeholders working together to uphold community standards and achieve the vision and goals for the
community. The Founder, the Association, the owners, the builders, and others have a role in the functioning if the
community and in helping to fulfill that vision. This chapter identifies these stakeholders and describes their roles in administering the Community.
The Founder.
The Founder has established the vision for the Community and, through the Governing Documents, has set forth the founding principles that will guide the Community during the initial period of development and sale and thereafter. The Founder's proposed plan for development of the Community is described in the Grand Park Planned Development District Plan approved by the Town of Fraser, as it may be amended from time to time, which encompasses all of the property described in Exhibit "A" and all or a portion of the property described in Exhibit "B" (the "Master Plan"). However, the Founder is not obligated to submit property shown on the Master Plan to this Charter. In addition, the Founder may submit property to this Charter that is not shown on the Master Plan.
The Founder has reserved various rights in the Governing Documents with respect to development and administration of the Community. The Founder may exercise certain of these rights throughout the "Development and Sale Period," which is the period of time during which the Founder or any "Founder Affiliate" owns real property in the Community or has an unexpired option to expand the Community pursuant to Chapter 17. A "Founder Affiliate" is any Person that controls, is controlled by, or is under common control with the Founder, and any Person that is an owner, a member, a partner, or a shareholder of the Founder.
The Founder has reserved other rights that may be exercised during the "Founder Control Period," which is the period of time that the Founder is entitled to appoint a majority of the members of the Association's board of directors ("Board"). It begins on the date of the Association's incorporation and terminates upon the first of the following to occur:
60 days after the conveyance of 75% of the maximum number of Units (as defined in Section 3.1), permitted by the Master Plan to Persons other than a declarant (as defined in the Act);
two years after the last conveyance of a Unit by the Founder or a Founder Affiliate in the ordinary course of business;
two years after the Founder last exercised its unilateral right to submit additional property to this Charter pursuant to Section 17.1; or
when, in its discretion, the Founder voluntarily and expressly surrenders such right in a recorded instrument.
As recorded in the By-Laws, the Founder has certain approval rights over Association actions, policies, or programs during the Founder membership, which extends for a limited period after the termination of the Founder Control Period.
The Association.
The Founder has established the Association as the primary entity responsible for administering the Community in accordance with the Governing Documents. The Association may exercise all rights and powers that the Governing Documents and Colorado law expressly grant to it, as well as any rights and powers that may reasonably be implied under the
6
Community Administration
Governing Documents. It may also take any action reasonably necessary to effectuate any such right or privilege
On most matters, the Association acts through the Board. However, in some instances the Governing Documents or applicable law limit the Board's ability to act without the approval of the Association's members. Unless the Governing Documents or Colorado law specifically provide otherwise, the Board may exercise the Association's rights and powers without a vote of the membership.
The Board may institute, defend, settle, or intervene on behalf of the Association in mediation, binding or non-binding arbitration, litigation, or administrative proceedings in matters pertaining to the Area of Common Responsibility, enforcement of the Governing Documents, or any other civil claim or action. However, the Board has no legal duty to institute litigation or any other proceeding on behalf of or in the name of the Association or its members.
In exercising the Association's rights and powers, making decisions on the Association's behalf (including, without limitation, deciding whether to file a lawsuit or take other legal action under any circumstances) and conducting the Association's affairs, Board members and the Association's officers are required to comply with, and shall be judged by, the standards set forth in the By-Laws.
The Owners.
Each Person that holds record title to a Unit, as defined in Chapter 3, is referred to in the Governing Documents as an "Owner.." However, a Person who holds title merely as security for the performance of an obligation (such as a lender holding a mortgage or similar security instrument) is not considered an "Owner." If a Unit is sold under a recorded contract of sale and the contract specifically so states, the purchaser (rather than the holder of fee simple title) will be considered the Owner. If a Unit has more than one Owner, all Co-Owners
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are jointly and severally obligated to perform the responsibilities of the Owner under the Governing Documents.
Every Owner has a responsibility to comply with the Governing Documents and uphold the community standards described in Part Two of this Charter. Each Owner also has an opportunity to participate in the administration of the Community through membership in the Association and through service to the Community in various committee and leadership roles, as described in Chapters 3 and 4 and in the By-Laws.
Builders.
Much of the responsibility and credit for helping to create Grand Park rests with those Persons who purchase one or more unimproved lots or parcels of land within Grand Park for further subdivision or development and resale in the ordinary course of their business ("Builders"). The Builders have the same privileges and responsibilities as Owners during the time that they own Units for construction and resale, including the privileges of membership in the Association. In addition, the Founder may extend to any Founder Affiliate and to those Builders it designates some of the rights it has reserved under the Governing Documents with respect to development, marketing and sale of property in the Community.
Neighborhood Associations.
Portions of the Community may be developed under a condominium form of ownership or may have other special requirements that lead the Builder to establish a separate condominium or homeowners association to administer additional covenants applicable to that particular area ("Neighborhood Association"). However, nothing in this Charter requires the creation of a Neighborhood Association, and the jurisdiction of any Neighborhood Association shall be subordinate to that of the Association.
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Community Administration
Neighborhood Associations, if any, are responsible for administering the additional covenants applicable to the property within their jurisdiction and for maintaining, in accordance with the Community-Wide Standard, any property which they own or which their respective covenants designate as being for the common benefit of their members.
2.6. Mortgagees.
If a Unit is made subject to a mortgage or other form of security instrument affecting title to a Unit ("Mortgage"), then the holder or beneficiary of that Mortgage ("Mortgagee") also has an interest in the administration of the Community. The Governing Documents contain various provisions for the protection of Mortgagees, including those set forth in Chapter 16.
NOTES
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The Community consists qf parcels qf property, riferred to as Units, which are intended for the exclusive use qf the Owner and other occupants qf such parcel, as well as
property that is intendedfor common use. Units are grouped into Neighborhoods and Election Districts to facilitate voting on Association matters. Units are assigned to Service Areas to permit the Association to provide special services
and benifits to particular areas qf the Community.
Designations of Properties Comprising the Community.
Units. The Governing Documents refer to the homes and home sites in Grand Park as "Units." A Unit is a portion of the Community which is depicted as a separately identified lot, parcel, or airspace on a recorded subdivision map, plat, or survey, or in a recorded condominium instrument, and which is zoned or otherwise intended for development, use, and occupancy as a residence for a single family. The term "Unit" refers to the land, if any, which is part of the Unit, as well as to any structures or other improvements on the Unit. Founder may designate a parcel of land as future development property intended for construction of more than one residence. Until such time as a subdivision map, plat, survey, or condominium instrument is recorded subdividing such future development property into more than one Unit, such future development shall be subject to the terms of the Governing Documents but shall not be considered a Unit for purposes of assessments or voting rights. The Community may contain a maximum of 5,000 Units.
The boundaries of each Unit shall be as follows:
in the case of a Unit located within a condominium, the Unit boundaries shall be as described in the declaration of condominium applicable to such Unit;
in the case of any Unit consisting of a lot or parcel shown on a recorded plat which is not located within a condominium, the vertical boundaries shall be the plane formed by the boundaries shown on the recorded plat and there shall be no horizontal boundaries, unless otherwise specified in a recorded declaration of covenants applicable to such Unit; and
in the case of any other Unit, the vertical boundaries shall be the boundaries of the property as described in the most recently recorded instrument transferring title to such Unit or submitting it to the terms of this Charter.
Each Unit shall be identified by a unique number on the recorded subdivision map, plat, or condominium instrument depicting such Unit.
Units shall be subject to further subdivision and creation of additional Units in accordance with the procedures set forth in this Charter and the Act.
Common Area. Any property and facilities that the Association owns or in which it otherwise holds possessory or use rights for the common use or benefit of more than one Unit is referred to as "Common Area." The Common Area also includes any property that the Association holds under a lease and may include easements in favor of the Association.
Limited Common Area. Certain portions of the Common Area may be designated as "Limited Common Area" and assigned for the exclusive use or primary benefit of less than all Units or Units in specified portions of the Community. Limited Common Areas might include such things as entry features, recreational
9
Community Structure and Organization
facilities, lakes, and landscaped medians and cul de-sacs, among other things.
The Founder may designate property as Limited Common Area and assign it to particular Units on the recorded plat depicting such property, in the deed conveying such property to the Association, or in the Supplement by which the property is submitted to the terms of this Charter. At any time during the Development and Sale Period, the Founder may assign use of the same Limited Common Area to additional Units.
Area of Common Responsibility. All of the properties and facilities for which the Association has responsibility under the Governing Documents, or for which the Association otherwise agrees to assume responsibility, are collectively referred to in the Governing Documents as the "Area of Common Responsibility," regardless of who owns them. The Area of Common Responsibility includes all of the Common Area and may also include Units or portions of Units and property dedicated to the public, such as public rights-of-way. The initial Area of Common Responsibility is described in Section 9.2.
Election Districts.
The Founder or the Board may designate "Election Districts" for the purpose of electing directors to the Board. The By-Laws set forth the method of establishing Election Districts. The number of Election Districts shall not exceed the total number of directors on the Board. Election Districts provide for representation on the Board by groups with potentially dissimilar interests, thereby avoiding a situation in which particular groups, by virtue of the number of votes they represent, are able to elect the entire Board to the exclusion of others.
Diagram 3.1 illustrates the Association's organizational structure and the manner in which each Election District will elect representatives to the Board after the Founder Control Period. The diagram assumes three
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Election Districts. The actual number created may differ.
An instrument recorded for the purpose of designating, enlarging, or otherwise revising, Neighborhood boundaries shall not constitute an amendment to this Charter as defined in the Act, and no consent or approval of any Person shall be required except as specifically stated in this Section.
Service Areas.
Units may also be part of one or more "Service Areas" in which the Units share Limited Common Areas or receive special benefits or services from the Association that it does not provide to all Units within the Community. A Unit may be assigned to more than one Service Area, depending on the number and types of special benefits or services it receives. A Service Area may be comprised of Units of more than one housing type and may include Units that are not contiguous.
The Founder may initially designate Service Areas (by name or other identifying designation) and assign Units to a particular Service Area either in Exhibit "A" or in a Supplement. During the Development and Sale Period, the Founder may unilaterally amend this Charter or any Supplement to change Service Area boundaries.
In addition, the Board may, by resolution, designate Service Areas and assign Units to them upon petition of Owners of at least 67% of the Units affected by the proposed designation pursuant to Section 10.2.
The Owners of Units within each Service Area may elect a "Service Area Committee" in accordance with the By-Laws to represent and act on behalf of the Owners with respect to the services and benefits that the Association provides to the Service Area. References to Service Areas in the Governing Documents shall also refer to such Service Area Committees, if appropriate from the context.
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The Association is a mechanism by which each Owner can participate in the governance and administration if
Grand Park. While many powers and responsibilities are vested in the Board in order to facilitate day-to-day management and operation, the membership and voting rights vested in the Owners allow the Owners to participate
in administration if the Community and irifluence the
outcome if major decisions.
Membership.
The Association initially has two classes of membership: the Owner membership, which is comprised of all Owners, including Builders, and the Founder membership, which consists solely of the Founder. Any Person holding a membership in the Association is sometimes referred to in this Charter as a "Member."
Owner Membership. Every Owner is automatically a member of the Association. However, there shall be only one membership per Unit. Thus, if a Unit has more than one Owner, all co-Owners of the Unit share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth below and in the By-Laws. If an Owner is a corporation, a partnership, or other legal entity, its membership rights may be exercised by any officer, director, partner, or trustee, or by an individual the Owner designates from time to time in writing to the Association's Secretary, except that only the individuals residing in the Unit shall be entitled to use any Common Area recreational facilities available for use by Owners.
Founder Membership. The Founder holds the sole Founder membership. The Founder membership shall terminate two years after the expiration of the Founder Control Period, or on such earlier date as the Founder determines and declares in a recorded instrument.
Voting.
Each Unit is assigned one equal vote, subject to the limitations on voting set forth in this Charter and the other Governing Documents. No vote shall be exercised for any property exempt from assessment under Section 12.8. Further, during the Founder Control Period, no vote shall be exercised for Units that the Founder owns; rather, the Founder's consent shall be required for various actions of the Board, the membership, and committees, as specifically provided elsewhere in the Governing Documents.
If there is more than one Owner of a Unit, the vote for such Unit shall be exercised as the co-Owners determine among themselves; if more than one Owner of a Unit seeks to exercise the vote for the Unit, the last vote cast or received shall constitute the vote for such Unit.
NOTES
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PART TWO: COMMUNITY STANDARDS
A people that vaLues its privileges above its principles soon Loses both.
Dwight D. Eisenhower
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The Community derives its unique characterfrom a mix if compatible architectural styles and from the cooperation if all Builders and Owners in upholding minimum design,
landscaping and aesthetic standards. This chapter explains how those standards are established and how they are applied and maintained through a process requiring prior approval for construction on and exterior modifications to improvements on Units.
General.
All site work, landscaping, structures, improvements, and other items placed on a Unit or Common Area in a manner or location visible from outside of ex1stmg structures ("Improvements") are subject to standards for design, landscaping and aesthetics adopted pursuant to this chapter ("Design Guidelines") and the approval procedures set forth in this chapter, except as this chapter or the Design Guidelines may otherwise specify.
No prior approval is necessary to repaint the exterior of existing structures using the most recently approved color scheme or to rebuild or restore any damaged structures in a manner consistent with the plans and specifications most recently approved for such structures. Generally, no approval is required for work done to the interior of a structure; however, modifications to the interior of screened porches, patios, and any other portions of a structure visible from outside of the structure do require prior approval.
Any dwelling constructed on a Unit shall be designed by and built in accordance with the plans and specifications of a licensed architect unless the Founder or its designee in its sole discretion otherwise approves.
Approval under this chapter is not a substitute for any approvals or reviews required by the Town of Fraser or any municipality or
( governmental agency or entity having jurisdiction
\
over architectural or construction matters.
This chapter shall not apply to the Founder's or any Founder Affiliate's design and construction activities, or to the Association's design and construction activities during the Founder Control Period.
Design Review Authority.
Founder. The Founder shall have exclusive authority to review and act upon all applications for review of proposed Improvements until the later of (i) the expiration of the Development and Sale Period, or (ii) such time as all Units planned for the property described in Exhibits "A" and "B" have been improved with dwellings for which a certificate of occupancy has been issued. The Founder may designate one or more persons to act on its behalf in reviewing any application. In reviewing and acting upon any request for approval, the Founder and its designee act solely in the Founder's interest and owe no duty to any other Person.
From time to time, the Founder may delegate any or all of its rights under this chapter to other Persons or committees, including the committee appointed pursuant to Section 5.2(b). Any such delegation shall be in writing, shall specify the scope of responsibilities delegated, and shall be subject to (i) the Founder's right to revoke such delegation at any time and reassume its prior control, and (ii) the Founder's right to veto any decision which it determines, in its discretion, to be inappropriate or inadvisable. So long as the Founder has any rights under this chapter, the jurisdiction of others shall be limited to such matters as the Founder specifically delegates.
Design Review Committee. Upon the Founder's delegation of authority pursuant to Section 5.2(a), or upon expiration or termination of the Founder's rights under this chapter, the
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Board shall appoint a Design Review Committee ("Design Review Committee" or "DRC") to assume jurisdiction over matters within the scope of the delegated authority or this chapter, respectively. The DRC shall consist of at least three, but not more than seven, persons, who shall serve and may be removed and replaced in the Board's discretion. DRC members need not be Owners or representatives of Owners. The DRC may, but need not, include architects, engineers, or similar professionals. The Association may compensate DRC members in such manner and amount, if any, as the Board may determine appropriate.
Until expiration of the Founder's rights under this chapter, the DRC shall notify the Founder in writing within three business days of any action (i.e., approval, partial approval, or disapproval) it takes under this chapter. A copy of the application and any additional information the Founder may require shall accompany the notice. The Founder shall have 10 business days after receipt of such notice to veto any such action, in its sole discretion, by written notice to the DRC.
Unless and until such time as the Founder delegates all or a portion of its reserved rights to the DRC or the Founder's rights under this chapter terminate, the Association shall have no jurisdiction over architectural matters.
Reviewer. For purposes of this chapter, the entity having jurisdiction in a particular case shall be referred to as the "Reviewer."
Fees; Assistance. The Reviewer may establish and charge reasonable fees for its review of applications and may require that such fees be paid in advance. Such fees may also include reasonable costs incurred in having professionals review any application. The Board may include the compensation of such persons in the Association's annual operating budget.
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Initially, the Founder reviews applications for proposed Improvements. Thereafter, the Board of Directors will appoint a Design Review Committee to review applications for proposed improvements. The Founder or the Design Review Committee is referred to as the "Reviewer." The Reviewer sets fees for reviewing applications.
Guidelines and Procedures.
Design Guidelines. The Founder may prepare the initial Design Guidelines, which may contain general provisions applicable to all of Grand Park as well as specific provisions that vary among uses or locations within the Community. The Design Guidelines are intended to provide guidance to Owners, Builders, and contractors regarding matters of particular concern to the Reviewer. The Design Guidelines are not the exclusive basis for the Reviewer's decisions, and compliance with the Design Guidelines does not guarantee approval.
The Founder shall have sole and full authority to amend the Design Guidelines for so long as it has review authority under Section 5.2(a). The Founder's right to amend the Design Guidelines shall continue even if it delegates reviewing authority to the DRC, unless the Founder also delegates the power to amend to the DRC. Upon termination or delegation of the Founder's right to amend, the DRC may amend the Design Guidelines with the Board's consent.
Amendments to the Design Guidelines shall apply prospectively only. They shall not require modifications to or removal of any structures previously approved once the approved construction or modification has begun. However, any new work on such structures must comply with the Design Guidelines as amended. There shall be no limitation on the scope of amendments to the Design Guidelines, and such amendments may eliminate requirements previously imposed or otherwise make the Design Guidelines less restrictive.
Architecture, Landscaping and Aesthetic Standards
The Reviewer shall make the Design Guidelines available to Owners, Builders, and their contractors upon request and may charge a reasonable fee to cover costs of printing or reproduction. In the Founder's discretion, such Design Guidelines may be recorded, in which event the recorded version, as it may be amended from time to time, shall control in the event of any dispute as to which version of the Design Guidelines was in effect at any particular time.
(b) Procedures. Unless the Design Guidelines provide otherwise, no activities within the scope of this chapter (as described in Section 5.1) may begin on any portion of the Community until a written application is submitted to and approved by the Reviewer. The application must be accompanied by plans and specifications and such other information as the Reviewer or the Design Guidelines require.
In reviewing each application, the Reviewer may consider any factors it deems relevant, including, without limitation, harmony of the proposed external design with surrounding structures and environment. Decisions may be based on purely aesthetic considerations. Each Owner acknowledges that such determinations are purely subjective and that opinions may vary as to the desirability and/or attractiveness of particular improvements.
The Reviewer shall have the sole discretion to make final, conclusive, and binding determinations on matters of aesthetic judgment, and such determinations shall not be subject to the procedures in Chapter 19 or judicial review so long as they are made in good faith and in accordance with required procedures.
The Reviewer shall make a determination on each application after receipt of a completed application with all required information. The Reviewer may permit or require that an application be submitted or considered in stages, in which case a final decision shall not be required until after the final, required submission. The Reviewer may (i) approve the
application with or without conditions;
(ii) approve a portion of the application and disapprove other portions; or (iii) disapprove the application.
The Reviewer shall notify the applicant in writing of the final determination on any application no later than 30 business days after its receipt of a completed application and all required submissions; however, with respect to any DRC determination subject to the Founder's veto right under Section 5.2(b), the Reviewer shall notify the applicant of the final determination within 40 business days after its receipt of the final determination and all required submissions. Notice shall be deemed given at the time the envelope containing the response is deposited in the U.S. mail. Hand delivery, facsimile, electronic mail, or similar delivery of such written notice also shall be sufficient and shall be deemed given at the time of confirmed delivery to the applicant.
If the Reviewer fails to respond in a timely manner, approval shall be deemed given. However, no approval, whether expressly granted or deemed granted, shall be inconsistent with the Design Guidelines unless a written variance has been granted pursuant to Section 5.5.
As part of any approval, the Reviewer may require that construction commence within a specified time period. If construction does not commence within the required period, the approval shall expire, and the Owner must reapply for approval before commencing any activities. Once construction is commenced, it shall be diligently pursued to completion. All work shall be completed within one year of commencement unless otherwise specified in the
notice of approval or unless the Reviewer, in its discretion, grants an extension in writing.
The Reviewer may exempt certain activities from the application and approval requirements of this chapter, if such activities are undertaken in compliance with the Design Guidelines and the Community-Wide Standard.
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No Waiver of Future Approvals.
The people reviewing applications under this chapter will change from time to time, and opinions on aesthetic matters, as well as interpretation and application of the Design Guidelines, may vary accordingly. It may not always be possible to identify objectionable features until work is completed. In such cases, the Reviewer may elect not to require changes to objectionable features. However, the Reviewer may refuse to approve similar proposals in the future. Approval of applications or plans shall not constitute a waiver of the right to withhold approval as to any similar applications, plans, or other matters subsequently or additionally submitted for approval.
Variances.
When unusual circumstances exist that make it difficult to comply with a particular requirement of the Design Guidelines, the Owner may file a request with the Reviewer to be excused from complying with such requirement. The Reviewer has the discretion to determine when a variance is appropriate.
The Reviewer may authorize variances from compliance with any of the Design Guidelines and any procedures when it determines that circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations justify such a variance, however, the Reviewer shall under no circumstances be obligated to grant variances. No variance shall (a) be effective unless in writing; (b) be contrary to this Charter; or (c) prevent the Reviewer from denying a variance in other circumstances. A variance requires the Founder's written consent during the Development and Sale Period and, thereafter, requires the Board's written consent.
Limitation of Liability.
This chapter establishes standards and procedures as a mechanism for maintaining and enhancing the overall aesthetics of Grand Park
'
they do not create any duty to any Person. Review and approval of any application pursuant to this chapter may be based purely on aesthetic considerations. The Reviewer is not responsible for the structural integrity or soundness of approved construction or modifications, for compliance with building codes and other governmental requirements, or for ensuring that all dwellings are of comparable quality, value, size, or design, or are aesthetically pleasing or otherwise acceptable to other Owners.
The Founder, Founder Affiliates, the Association, its officers, the Board, any committee, and any member of any of the foregoing, shall not be liable for (a) soil conditions, drainage, or other general site work;
(b) any defects in plans revised or approved hereunder; (c) any loss or damage arising out of the action, inaction, integrity, financial condition, or quality of work of any contractor or its subcontractors, employees, or agents, whether or not the Founder has approved or featured such contractor as a Builder; or (d) any injury, damages, or loss arising out of the manner or quality or other circumstances of approved construction on or modifications to any Unit. In all matters, the Association shall defend and indemnify the Board, the DRC, and the members of each, as provided in the By-Laws.
Certificate of Compliance.
Any Owner may request in writing that the Reviewer issue a certificate of compliance certifying that there are no known violations of this chapter or the Design Guidelines. The Association shall either grant or deny such written request within 30 days after receipt and may charge a reasonable administrative fee. Issuance of such a certificate shall prevent the Association from taking enforcement action against an Owner for any condition known to the Association on the date of such certificate.
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Chapter 6 Maintenance, Repair and Replacement
One if the benifits if owning property in a planned community is the commitment among neighbors to maintain their property in a neat, attractive and well-landscaped
condition to enhance the overall beauty and aesthetic appeal if the Community. This chapter describes the Owners' responsibilities for maintenance and repair if their Units
andfor insuring their Units against property damage so that funds will be availablefor repair and restoration if needed.
Maintenance of Units.
Each Owner shall maintain his or her Unit, including all structures, landscaping, and other improvements comprising the Unit, in a manner consistent with the Governing Documents and the Community-Wide Standard, unless such maintenance responsibility is otherwise assumed by or assigned to the Association or a Neighborhood Association pursuant to this Charter, any Supplement, or by law.
Unless otherwise assumed by the Association, a Neighborhood Association, or the Town of Fraser, each Owner shall also be responsible for maintaining and irrigating the landscaping within that portion of any adjacent Common Area or public right-of-way lying between the Unit boundary and any wall, fence, or curb located on the Common Area or public right-of-way within 10 feet of the Unit boundary. However, Owners may not remove trees, shrubs, or similar vegetation from this area without prior approval pursuant to Chapter 5. In the event the maintenance obligations set forth herein are assumed by the Association, a Neighborhood Association, or the Town of Fraser, such obligations and responsibilities shall be set forth in a separate Supplement.
Maintenance of Neighborhood Association Property.
A Neighborhood Association shall maintain its common property and any other property for which it has maintenance responsibility in a
manner consistent with the Governing Documents, the Community-Wide Standard, and all applicable covenants.
Unless otherwise assumed by the Association or the Town of Fraser, any Neighborhood Association shall also be responsible for maintaining and irrigating the landscaping within that portion of any adjacent Common Area or public right-of-way lying between the boundary of its common property and any wall, fence, or curb located on the Common Area or public right-of-way within 10 feet of its boundary. A Neighborhood Association shall not remove trees, shrubs, or similar vegetation from this area without prior approval pursuant to Chapter 5. Notwithstanding the foregoing, any maintenance obligations assumed as set forth herein shall be described and set forth in a separate Supplement for such Neighborhood.
The Association may assume maintenance responsibility for any Neighborhood Association property, either upon designation of the Neighborhood as a Service Area pursuant to Section 3.4 or upon the Board's determination, pursuant to Chapter 8, that the level and quality of maintenance then being provided is not consistent with the Community-Wide Standard. The Association need not treat all similarly situated Neighborhoods the same.
Responsibility for Repair and Replacement.
Unless otherwise specifically provided in the Governing Documents or in other instruments creating and assigning maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement necessary to maintain the property to a level consistent with the Community-Wide Standard.
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Each Owner shall carry property insurance for the full replacement cost of all insurable improvements on his or her Unit, less a reasonable deductible, unless either a Neighborhood Association (if any) or the Association carries such insurance (which they may but are not obligated to do). If the Association assumes responsibility for insuring a Unit, the premiums for such insurance shall be levied as a Specific Assessment against the benefited Unit and the Owner.
Within 90 days after damage to or destruction of a structure on a Unit, the Owner shall repair or reconstruct in a manner consistent with the original construction of the Unit or such other plans and specifications as are approved pursuant to Chapter 5 unless the Board, in its discretion, agrees to extend such period. Alternatively, the Owner shall clear the Unit of debris and maintain it in a neat and attractive landscaped condition consistent with the Community-Wide Standard. The Owner shall pay any costs that insurance proceeds do not cover.
Additional recorded covenants applicable to any Service Area may establish additional insurance requirements and more stringent standards for rebuilding or reconstructing structures on Units and for clearing and maintaining the Units in the event the structures are not rebuilt or reconstructed.
This Section shall apply to a Neighborhood Association with respect to common property within the Neighborhood in the same manner as if the Neighborhood Association was an Owner and the common property was a Unit.
Maintenance and Repair of Party Walls and Similar Structures.
Each wall, fence, driveway, or similar structure built as part of the original construction on the Units that serves and/or separates any two adjoining Units shall be considered a party structure. The cost of reasonable repair and maintenance of a party structure shall be shared
equally by the Owners whose Units are served by the party structure.
If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner whose Units are served by the structure may restore it. If other Units are thereafter served by the structure, the Owners of such Units shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a larger contribution from the other Owners under any rule of law regarding liability for negligent or willful acts or omissions.
Any Owner's right to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors-in-title.
To the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply to any party structure. Any dispute concerning a party structure shall be subject to the provisions of Chapter 19.
Forest Management.
Each Owner is responsible for conducting forest management on his or her Unit in accordance with the procedures and standards set forth in the Design Guidelines, including, without limitation, wildfire mitigation, understory clearing, selective thinning, and prevention of Mountain Pine Beetle and other infestations.
If the Board determines that any Owner is not making sufficient efforts to conduct forest management on his or her Unit, the Association may, without obligation to do so, take such actions as the Board in its sole discretion deems appropriate to prevent Mountain Pine Beetle and other infestation of the forest, conduct wildfire
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mitigation, and any other forest management action deemed necessary to assure compliance, including entering the Unit and levying a Specific Assessment against the Unit for the Association's costs incurred.
NOTES
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In order to maintain a residential environment that encourages respect for and courteo/ among neighbors and minimizes the potential for disputes, this chapter sets forth
basic standards regarding use, occupancy and tranifer if
interests in Units. In addition, it provides a procedure by which the Board and the membership can adopt and change rules regulating use, conduct and activities within the
Community to address particular needs and desires if the
Community over time.
Use, Occupancy, and Transfer of Interests in Units.
Residential and Related Uses. Units may be used only for residential and related purposes, except as the Founder may otherwise authorize with respect to construction, marketing and sale activities of the Founder and Builders it designates. A business acttvlty shall be considered "related" to a residential use and thus permitted under this Section only if conducted by a person or persons residing in the Unit and only if the business activity:
is not apparent or detectable by sight, sound, or smell from outside of a permitted structure;
complies with applicable zoning requirements;
does not involve regular visitation of the Unit by employees who do not reside in the Unit, clients, customers, suppliers, or other business invitees, or door-to-door solicitation within the Community; and
is consistent with the residential character of the Neighborhood in which the Unit is located and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of others, as the Board determines in its discretion.
"Business" shall have its ordinary, generally accepted meaning and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves providing goods or services to Persons other than the family of the producer and for which the producer receives a fee, compensation, or other form of consideration, regardless of whether (i) such activity is engaged in full or part time; (ii) such activity is intended to or does generate a profit; or (iii) a license is required.
Leasing a Unit for residential purposes shall not be considered a "business" within the meaning of this subsection, provided that the Owner and any other Owners with whom such Owner is affiliated do not collectively lease or offer for lease more than one Unit at any time. This provision shall not preclude an institutional lender from leasing a Unit upon taking title following foreclosure of its security interest in the Unit or upon acceptance of a deed in lieu of foreclosure. For purposes of this Charter, the terms "Lease" and "Leasing" shall refer to the regular, exclusive occupancy of a Unit by any Person other than the Owner, for which the Owner receives any consideration or benefit.
Leasing. Any dwelling that is leased shall be leased only in its entirety; separate rooms, floors, or other areas within a dwelling may not be separately leased; however, any garage apartment, detached "in-law suite," "guest house," accessory unit, or similar structure approved pursuant to Chapter 5 may be leased separate from the main dwelling.
All leases shall be in writing and shall disclose that the tenants and all occupants of the leased Unit are bound by and obligated to comply with the Governing Documents. However, the Governing Documents shall apply
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regardless of whether such a provision is specifically set forth in the lease.
Within 10 days of a lease being signed, the Owner of the leased Unit shall notify the Board or the Association's managing agent of the lease and provide any additional information the Board may reasonably require. The Owner must give the tenant copies of the Governing Documents. In addition to, but consistent with, this sub-section, the Association or the Board may adopt Rules governing leasing and subleasing.
Transfer of Title. Any Owner desiring to sell or otherwise transfer title to his or her Unit shall give the Board at least seven days' prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require. The Person transferring title shall continue to be jointly and severally responsible with the Person accepting title for all obligations of the Owner, including assessment obligations, until the date upon which the Board receives such notice, notwithstanding the transfer of title. The Owner transferring title to the Unit shall provide the purchaser of the Unit the information required by §38-33.3-223 of the Act, when applicable.
(d) Subdivision and Combination of Units. Units may be subdivided in accordance with the procedures set forth in the Act, except that no Person other than the Founder, Founder Affiliates, and Builders authorized by the Founder shall subdivide or change the boundary lines of any Unit or combine Units without the Board's prior written approval. Any subdivision shall be effective only upon recording of a plat or other legal instrument reflecting the subdivision or new boundaries of the affected Unit(s). In the absence of such recorded instrument, adjacent Units owned by the same Owner shall continue to be treated as separate Units for purposes of voting and assessment, even though such Units may be improved with a single dwelling; therefore, the Owner of such adjacent Units shall
be responsible for separate assessments for each such Unit.
(e) Timesharing. No Unit shall be used for operation of a timesharing, fraction-sharing, or similar program whereby the right to exclusive use of the Unit rotates among participants in the program on a fixed or floating time schedule over a period of years, unless such program is established by the Founder or with the Founder's prior written approval.
Rulemaking Authority and Procedures.
The Governing Documents establish a framework of covenants and conditions that govern the Community. The initial Rules attached as Exhibit "C" are a part of that framework. However, within that framework, the Association must be able to respond to unforeseen issues and changes affecting the Community. Therefore, the Board and the Owners are authorized to change the Rules in accordance with the following procedures, subject to the limitations set forth in Section 7.3.
Board Authority. Subject to the notice requirements in subsection (d) and the Board's duty to exercise judgment and reasonableness on behalf of the Association and its Members, the Board may adopt new Rules and modify or rescind existing Rules by majority vote of the directors at any Board meeting.
Membership Authority. Subject to the notice requirements in subsection (d), Owners representing a majority of the votes in the Association may also adopt new Rules and modify or rescind existing Rules at any meeting of the Association duly called for such purpose, regardless of the manner in which the original Rule was adopted. However, as long as the Founder membership exists, any such action shall also be subject to the Founder's approval.
Service Area Authority. Subject to the notice requirements in subsection (d), Owners representing a majority of the Units within any Service Area may adopt new rules and modify
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existing rules applicable only to Units in that Setvice Area at any meeting of the Owners in the Setvice Area duly called for such purpose. However, as long as the Founder membership exists, any such action shall also be subject to the Founder's approval.
Notice. The Board shall send notice to all Owners concerning any proposed Rule change at least five business days prior to the meeting of the Board or the Owners at which such action is to be considered. At any such meeting, Owners shall have a reasonable opportunity to be heard before the proposed action is put to a vote.
This notice requirement does not apply to administrative and operating policies that the Board may adopt relating to the Common Areas, such as hours of operation of a recreational facility, speed limits on private roads, and the method of allocating or resetving use of a facility (if permitted) by particular individuals at particular times, notwithstanding that such policies may be published as part of the Rules.
(e) ERective Date. A Rules change adopted under this Section 7.2 shall take effect 30 days after the date on which written notice of the Rules change is given to the Owners.
(f) Conflicts. No action taken under this Section 7.2 shall have the effect of modifying or repealing the Design Guidelines or any provision of this Charter other than the Rules. In the event of a conflict between the Design Guidelines and the Rules, the Design Guidelines shall control. In the event of a conflict between the Rules and any provision of this Charter (exclusive of the Rules), the Charter shall control.
Since it is impossible to foresee all potential situations and problems that may arise within the community, the Board and the Owners have the authority to adopt and modify rules as needed to address these changing circumstances.
Protection of Owners and Others.
Except as may be set forth in this Charter (either initially or by amendment) or in the initial Rules set forth in Exhibit "C," all Rules shall comply with the following provisions:
Similar Treatment Similarly situated Units shall be treated similarly; however, the Rules may vary by Neighborhood, Setvice Area, or housing type.
Displays. No Rule shall abridge an Owner's right to display political, religious, or holiday symbols and decorations on his or her Unit of the kinds normally displayed in residential neighborhoods, nor shall any Rule regulate the content of political signs except content or graphics which the Board deems to be obscene, vulgar, or similarly disturbing to the average person. However, the Association may adopt time, place, and manner restrictions with respect to signs, symbols, and displays visible from outside structures on the Unit, including reasonable limitations on size and number.
Household Composition. No Rule shall interfere with an Owner's freedom to determine household composition, except that the Association may impose and enforce reasonable occupancy limitations and conditions based on Unit size and facilities and its fair share use of the Common Area.
Activities Within Dwellings. No Rule shall interfere with the activities carried on within a dwelling, except that the Association may prohibit activities not normally associated with residential property. It may also restrict or prohibit activities that create monetary costs for the Association or other Owners, that create a danger to anyone's health or safety, that generate excessive noise or traffic, that create unsightly conditions visible from outside the dwelling, or that are an unreasonable source of annoyance.
(e) Allocation of Burdens and Benefits. No Rule shall alter the allocation of financial burdens among the various Units or rights to use
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the Common Area to the detriment of any Owner over that Owner's objection expressed in writing to the Association. Nothing in this provision shall prevent the Association from changing the Common Area available, from adopting generally applicable rules for use of Common Area, or from denying use privileges to those who are delinquent in paying assessments, abuse the Common Area, or violate the Governing Documents. This provision does not affect the right to increase the amount of assessments as provided in Chapter 12.
(f) Leasing and Transfer of Units. No Rule shall prohibit leasing or transfer of any Unit or require approval prior to leasing or transferring a Unit; however, the Rules may require a minimum lease term of up to 12 months. Minimum lease terms may vary by Unit types or Service Areas. The Rules may also require that Owners use Board-approved lease forms (or include specific lease terms), and may impose a reasonable review or administrative fee in connection with the Board's review of a lease.
Abridging Existing Rights. No Rule shall require that an Owner dispose of personal property kept in or on a Unit in compliance with the Rules in effect at the time such personal property was brought onto the Unit. This exemption shall apply only during the period of such Owner's ownership of the Unit and shall not apply to subsequent Owners who take title to the Unit after adoption of the Rule.
Reasonable Rights to Develop. No Rule may unreasonably interfere with the ability of the Founder, any Founder Affiliate, or Builder to develop, market and sell property in Grand Park.
(i) Interference with Easements. No Rule may unreasonably interfere with the exercise of any easement.
7.4. Owners' Acknowledgment and Notice to Purchasers.
By accepting a deed, each Owner acknowledges and agrees that the use, enjoyment,
and marketability of his or her Unit is limited and affected by the Rules, which may change from time to time. All Unit purchasers are hereby notified that the Association may have adopted changes to the Rules and that such changes may not be set forth in a recorded document. A copy of the current Rules and all administrative policies are available from the Association upon request. The Association may charge a reasonable fee to cover its reproduction cost.
NOTES
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The covenants, standards and rules set forth in the Governin9 Documents arefor the benifit if all Owners and occupants if the Community. However, if they are to have
any real meanin9, there must be a commitment by the stakeholders in the Community to comply with them and there must be a mechanism in place to eriforce that compliance in the event that someone fails or rifuses to do so. This chapter setsforth the obli9ation to comply and the remedies available to the Association for noncompliance.
Compliance.
Every Owner, occupant and visitor to a Unit must comply with the Governing Documents and shall be subject to sanctions for violations as described in this chapter. In addition, each Owner shall be responsible for, and may be sanctioned for, all violations of the Governing Documents by the occupants of or visitors to their Units, and for any damage to the Area of Common Responsibility that such occupants or visitors cause.
Remedies for Non-Compliance.
The Association, the Founder, any Founder Affiliate, and every affected Owner shall have the right to file suit at law or in equity to enforce the Governing Documents. In addition, the Board may impose sanctions for violation of the Governing Documents, including those listed below and any others described elsewhere in the Governing Documents.
Sanctions Requiring Prior Notice and Hearing. After written notice and an opportunity for a hearing in accordance with the By-Laws (provided, only a single notice is required in the case of continuing violations), the Board may:
impose reasonable monetary fines (which may be per day in the case of continuing violations), which shall constitute a lien upon the violator's Unit. In the event that any occupant,
guest, or invitee of a Unit violates the Governing Documents and a fine is imposed, the fine may, but need not, first be assessed against the violator; however, if the fine is not paid by the violator within the time period set by the Board, the Owner shall pay the fine upon notice from the Board;
suspend an Owner's right to vote (except that no notice or hearing is required if the Owner is more than 60 days delinquent in paying any Base or Special Assessment);
suspend any Person's right to use any Common Area facilities (A) for any period during which any charge against such Owner's Unit remains delinquent, and (B) for a period not to exceed 30 days for a single violation or for a longer period in the case of any continuing violation (except that no notice or hearing is required if the Owner is more than 60 days delinquent in paying any assessment or other charge owed the Association); however, nothing herein shall authorize the Board to limit ingress or egress to or from a Unit;
suspend services the Association provides (except that no notice or hearing is required if the Owner is more than 60 days delinquent in paying any assessment or other charge owed to the Association);
exercise self-help or take action to abate any violation of the Governing Documents in a non-emergency situation (including removing personal property that violates the Governing Documents);
without liability to any Person, preclude any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of Chapter 5 and the Design Guidelines from
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Compliance and Enforcement
continuing or performing any further activities in the Community;
levy Specific Assessments to cover costs the Association incurs in bringing a Unit into compliance with the Community-Wide Standard or other requirements under the Governing Documents; and
record a notice of violation with respect to any Unit on which a violation exists.
Other Sanctions. The Board may take the following actions to obtain compliance with the Governing Documents without prior notice or a hearing:
exercise self-help or take action to abate a violation on a Unit in any situation which requires prompt action to avoid potential injury or damage or unreasonable inconvenience to other persons or their property (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations);
exercise self-help or take action to abate a violation on the Common Area under any circumstances;
require an Owner or a Neighborhood Association, at its own expense, to perform maintenance or to remove any structure or improvement on such Owner's Unit or on the Neighborhood Association's property, respectively, that is in violation of the Community-Wide Standard or other requirements under the Governing Documents and to restore the property to its previous condition;
enter the property and exercise self help to remove or cure a violating condition if an Owner or Neighborhood Association fails to take action as required pursuant to subsection (iii) above within 10 days after receipt of written notice to do so, and any such entry shall not be deemed a trespass; and
bring suit at law for monetary damages or in equity to stop or prevent any violation, or both.
(c) Additional Powers Relating to Neighborhood Associations. In addition to the foregoing sanctions, the Association shall have the power to veto any action that a Neighborhood Association proposes to take if the Board reasonably determines the proposed action to be adverse to the interests of the Association or its Members or inconsistent with the Community-Wide Standard. The Association also shall have the power to require specific action to be taken by any Neighborhood Association in connection with its obligations and responsibilities, such as requiring specific maintenance or repairs or aesthetic changes to be effectuated and requiring that a proposed budget include certain items and that expenditures be made therefor.
A Neighborhood Association shall take appropriate action required by the Association in a written notice within the reasonable time frame set by the Association in the notice. If the Neighborhood Association fails to comply, the Association shall have the right to effect such action on behalf of the Neighborhood Association and levy Specific Assessments to cover the costs, as well as an administrative charge and sanctions.
All Owners are required to abide by the Governing Documents. If an Owner fails or refuses to obey the Governing Documents the Owner may be subject to various penalties including fines and the loss of the right to use the Common Areas.
8.3. Board Decision to Pursue Enforcement Action.
The decision to pursue enforcement action in any particular case shall be left to the Board's discretion, except that the Board shall not be arbitrary or capricious in taking enforcement
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Compliance and Enforcement
action. For example, the Board may determine that, in a particular case:
the Association's position is not strong enough to justify taking any or further action;
the covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with applicable law;
although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association's resources; or
that it is not in the Association's best interests, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action.
A decision not to enforce a particular provision shall not prevent the Association from enforcing the same provision at a later time or prevent the enforcement of any other covenant, restriction, or rule.
Attorneys' Fees and Costs.
In any action to enforce the Governing Documents, the prevailing party shall be entitled to recover all costs, including, without limitation, attorneys' fees and court costs, reasonably incurred in such action.
Enforcement of Ordinances.
The Association, by contract or other agreement, may enforce applicable city ordinances. In addition, the Town of Fraser may enforce its ordinances within Grand Park.
NOTES
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PART THREE: ASSOCIATION OPERATIONS
Do what you can, with what you have, where you are.
Theodore Roosevelt
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One if the Association's primary junctions is
maintaininB and operatinB property and facilities for the common benifit if the Owners and residents if Grand Park.
This chapter establishes the Association's obliaation to accept property that the Founder desianates as Common Area or Limited Common Area and to maintain, operate, and insure
it, alona with certain other properties, for the benifit if
Grand Park.
Acceptance and Control of Association Property.
Transfers and Conveyances by Founder. The Founder, its designees, or any Founder Affiliate, and with the Founder's written consent, any Builder, may transfer or convey to the Association interests in real or personal property within or for the benefit of the Community, and the Association shall accept such transfers and conveyances. Such property may be improved or unimproved and may consist of fee simple title, easements, leases, licenses, or other real or personal property interests.
Within 60 days after termination of the Founder Control Period, the Founder shall deliver to the Association all property and other items required by §38-33.3-303 of the Act.
Upon the Founder's written request, the Association shall reconvey to the Founder, or any Founder Affiliate or Builder, any real property that the Founder originally conveyed to the Association for no payment, to the extent conveyed in error or needed to make minor adjustments in property lines or accommodate changes in the development plan or changes related to construction needs.
(b) Management and Control The Association is responsible for management, operation, and control of the Common Area, subject to any covenants set forth in the deed or other instrument transferring the property to the Association. The Association may enter into
leases, licenses, or operating agreements with respect to portions of the Common Area, for payment or no payment, as the Board deems appropriate. The Association may permit use of Common Area facilities by persons other than Owners and occupants of Units and may charge use fees, in such amount as the Board may establish, for such use.
Maintenance of Area of Common Responsibility.
The Association shall maintain the Area of Common Responsibility in accordance with the Community-Wide Standard. The Area of Common Responsibility includes, but is not limited to:
the Common Area;
landscaping and sidewalks within public rights-of-way within or abutting the Community, to the extent not maintained to the Community Wide Standard by a unit of local government;
such portions of any additional property as may be dictated by the Founder, this Charter, any Supplement, or any covenant or agreement for maintenance entered into by, or otherwise binding on the Association; and
any property and facilities that the Founder or any Founder Affiliate owns and makes available, on a temporary or permanent basis, for the primary use and enjoyment of the Association and its Members. The Founder shall identify any such property and facilities by written notice to the Association, and they shall remain part of the Area of Common Responsibility until the Founder or Founder Affiliate revokes such privilege of use and enjoyment by written notice to the Association.
The Association may maintain other property it does not own, including, without
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Property Management
limitation, Units, property dedicated to the public, or property owned or maintained by a Neighborhood Association, if the Board determines that such maintenance is necessary or desirable to maintain the Community-Wide Standard. The Association shall not be liable for any damage or injury occurring on, or arising out of the condition of, property it does not own except to the extent that it has been negligent in performing its maintenance responsibilities.
Discontinuation of Operation.
The Association shall maintain the Common Area facilities in operation unless the Founder, during the Development and Sale Period, and Owners representing 75% of the total votes in the Association, consent in writing to discontinue such operation. If the property is Limited Common Area, any discontinuation shall also require the approval in writing of at least 75% (or such higher percentage as a Supplement may require) of the Owners to whom such Limited Common Area is assigned. This Section shall not apply to restrict the Board's ability to establish reasonable operating hours, which may vary by season, or to restrict temporary closures or interruptions in operation as the Board may determine appropriate to perform maintenance or repairs.
Restoring Damaged Improvements.
In the event of damage to or destruction of portions of the Area of Common Responsibility for which the Association has insurance responsibility, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repairing or restoring the property to substantially its condition prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes.
The Association shall repair or reconstruct damaged Common Area improvements unless:
this Charter is terminated pursuant to Section 21.1;
repair or restoration would be illegal under any state or local statute or ordinance governing health or safety;
the Founder, during the Development and Sale Period, and at least 67% of the Owners, and in the case of a Limited Common Element, every Owner of a Unit to which the Limited Common Element is assigned, vote within 60 days after the loss not to repair or reconstruct; or
prior to the conveyance of any Unit by the Founder or any Founder Affiliate, the holder of a deed of trust or mortgage on the damaged property rightfully demands all or a substantial part of the insurance proceeds.
If the damage is to Units insured by the Association within a Service Area, any decision not to restore the damaged improvements shall also require the approval of at least 67% of the Owners of Units in the affected Service Area, including every Owner of a Unit that will not be rebuilt.
If either the insurance proceeds or estimates of the loss, or both, are not available to the Association within such 60-day period, then the period shall be extended until such funds or information are available. Except as provided above, no Mortgagee shall have the right to participate in determining whether the damage or destruction to the Common Area shall be repaired or reconstructed.
This provision ensures that desirable Common Area improvements will be replaced if destroyed, but it also makes it possible not to repair or rebuild if the Owners who benefit from the Common Area prefer not to rebuild
If a decision is made not to restore the damaged improvements and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins
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Property Management
and thereafter shall be maintained by the Association in a neat and attractive condition consistent with the Community-Wide Standard.
The insurance proceeds attributable to any Units or Limited Common Areas that are not rebuilt shall be distributed to the Owners of such Units and the Owners of Units to which such Limited Common Areas were assigned, or to their respective lienholders, as their interests may appear, in proportion to their relative liability for Association expenses. The Association shall retain and place in a capital improvements account for the benefit of all Owners, or the Owners of Units within the affected Service Area, as appropriate, any insurance proceeds remaining after paying the costs of repair or reconstruction or after such settlement as is necessary and appropriate. This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Unit.
If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board may, without a vote of the Owners, levy Special Assessments to cover the shortfall against those Owners responsible for the premiums for the applicable insurance coverage under Section 11.4.
9.5. Cooperation with Special Districts.
The Association is hereby authorized to contract with, and shall cooperate with, any metropolitan districts or other special districts which may be created as a special purpose unit of local government in accordance with Colorado law to provide community services to any property within Grand Park ("Special District") to ensure that their respective responsibilities are discharged.
I
\
NOTES
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In addition to its property management role, the Association is a vehiclefor providing a variety if servicesfor the benifit if the Community at large and individual Units. This chapter describes some if the services the Association
may provide and the mechanism by which it may provide varying levels and types if services to different areas if the
Community.
Provision of Services to Units.
The Association may arrange for or provide services to Owners and their Units, directly or through contracts with the Founder or other third parties. The Association may enter into bulk service agreements by which a particular service is provided to all Units, or it may offer various services at the option of each Owner, or both. By way of example and not limitation, such services might include such things as cable television, utilities, fire protection, security, trash collection, landscape maintenance, pest control, caretaker services and technology services.
Any Association contract for services may require individual Owners or occupants to execute separate agreements directly with the Persons providing components or services in order to gain access to or obtain specified services. Such contracts and agreements may contain terms and conditions that, if violated by the Owner or occupant of a Unit, may result in termination of services provided to such Unit. Any such termination shall not relieve the Owner of the continuing obligation to pay assessments for any portion of the charges for such service that are assessed against the Unit as a Common Expense or Service Area Expense pursuant to Chapter 12.
In its discretion, the Board may discontinue offering particular services and may modify or cancel existing contracts for services, subject to the contract terms and any provision that may exist elsewhere in the Governing Documents
requiring the Association to provide such services.
Provision of Services to Service Areas.
SeJVice Areas Designated by Founder. The Association shall provide services to Units within any Service Area designated by the Founder pursuant to Section 3.4 as required by the terms of any Supplement applicable to the Service Area.
SeJVice Areas Designated by Board In addition to Service Areas which the Founder may designate pursuant to Section 3.4, any group of Owners may petition the Board to designate their Units as a Service Area for the purpose of receiving from the Association (i) special benefits or services which are not provided to all Units, or
a higher level of service than the Association otherwise provides. Any such petition shall be signed by Owners of a majority of the Units within the proposed Service Area. Upon receipt of such petition, the Board shall investigate the terms upon which the requested benefits or services might be provided and notify the Owners in the proposed Service Area of such terms and the initial fees for providing the requested service, which may include a reasonable administrative charge. If Owners of at least 67% of the Units within the proposed Service Area approve the proposal in writing, the Board shall designate the Units as a Service Area and include the fees for such service as a line item in the Service Area budget pursuant to Section 12.2(c).
Community Technology.
Community Systems. The Founder may provide, or may enter into and assign to the Association or cause the Association to enter into contracts with other Persons to provide, central telecommunication receiving and distribution
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Provision of Services
( systems (e.g., cable television, high speed data/Internet/intranet services, and security
monitoring) and related components, including associated infrastructure, equipment, hardware, and software, to serve the Community ("Community Systems"). Any such contracts may provide for installation, operation, management, maintenance and upgrades or modifications to the Community Systems as the Founder determines appropriate.
The Association or Founder may provide for access to any such Community System for all Units as a Common Expense. If particular services or benefits are provided to particular Owners or Units at their request, the benefited Owner(s) shall pay the service provider directly for such services, or the Association may assess the charges as a Service Area Assessment or Specific Assessment and pay such charges to the provider on behalf of the Owners, as the Board deems appropriate.
(b) Opportunities for Community Interaction. The Association may make use of computers, the Internet, and expanding technology to facilitate community interaction and encourage participation in Association activities. For example, the Association may sponsor a community cable television channel, create and maintain a community intranet or Internet home page, maintain an "online" newsletter or bulletin board, and offer other technology-related services and opportunities for Owners and residents to interact and participate in Association-sponsored activities. To the extent Colorado law permits, and unless otherwise specifically prohibited in the Governing Documents, the Association may send notices by electronic means, hold Board or Association meetings and permit attendance and voting by electronic means, and send and collect assessment and other invoices by electronic
means.
10.4 Potable Water Services.
The potable water supplied by the Town of Fraser may be derived, in whole or in part, from the water supplies described in the decrees entered in Case Nos. 83CW362 and 98CW41
(W.D. 5), and the use of such water supplied
shall be pursuant to the terms, conditions, and limitations of those decrees.
NOTES
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The Association is responsible for insurina aaainst various types qf risks, includinB property damaae, personal injury, and liability. This chapter describes the minimum types and amounts qf coveraae that the Association must obtain, the specific requirements for such policies, and the handlina qf deductibles and premiums for such insurance.
Required Coverages.
The Association shall obtain and maintain in effect the following insurance coverage, if reasonably available, or if not reasonably available, the most nearly equivalent coverage as is reasonably available:
Blanket property insurance covering "risks of direct physical loss" on a "special form" basis (or comparable coverage by whatever name denominated) for all insurable improvements on
the Common Area;
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Commercial general liability insurance on the Area of Common Responsibility, insuring the Association and its Members for damage or mJury caused by the negligence of the Association or any of its Members, employees, agents, or contractors while acting on its behalf. If generally available at reasonable cost, such coverage shall have a limit of at least
$1,000,000.00 per occurrence with respect to bodily injury, personal injury, and property damage. Such coverage may be provided through a combination of primary and umbrella policies. However, if additional coverage and higher limits are available at reasonable cost that a reasonably prudent person would obtain, the Association shall obtain such additional coverage or limits;
Workers compensation insurance and employers liability insurance, if and to the extent required by law;
other portions of the Area of Common Responsibility, to the extent that the Association has responsibility for repair or replacement in the event of a casualty; and
and
Directors and officers liability coverage;
Commercial crime insurance, including
any Service Area, to the extent specified or authorized by any applicable Supplement.
If such coverage is not generally available at reasonable cost, then "broad form" coverage may be substituted. The limits of Association property insurance policies shall be sufficient to cover the full replacement cost of the insured improvements under current building ordinances and codes.
In addition, if a Supplement so specifies, the Association shall obtain and maintain property insurance on the insurable improvements within a Service Area, which insurance shall comply with the above requirements.
fidelity insurance covering all Persons responsible for handling Association funds in an amount determined in the Board's business judgment but not less than an amount equal to one-fourth of the annual Base Assessments on all Units plus reserves on hand. Fidelity insurance policies shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation.
The Association shall arrange for an annual review of the sufficiency of its insurance coverage by one or more qualified Persons, at least one of whom must be familiar with insurable replacement costs in the Fraser Valley and surrounding areas. In the exercise of its business judgment, the Board may obtain additional
33
Association Insurance
insurance coverage and higher limits than this Section requires.
Deductibles.
The Association's policies may contain a reasonable deductible, which shall not be subtracted from the face amount of the policy in determining whether the policy limits satisfy the requirements of Section 11.1. In the event of an insured loss, the deductible shall be treated as a Common Expense or a Service Area Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board determines, after notice and an opportunity to be heard in accordance with the By-Laws, that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then the Board may assess the full amount of such deductible against such Owner(s) and their Units as a Specific Assessment.
Persons who cause damage in Grand Park may be held responsible for the insurance deductible payable on any insurance claim related to such damage.
Policy Requirements.
All Association policies shall provide for a certificate of insurance to be furnished to the Association and, upon request, to each Owner.
To the extent available at reasonable cost and terms, all Association insurance shall:
be written with a company authorized to do business in Colorado which satisfies the requirements of the Federal National Mortgage Association, or such other secondary mortgage market agencies or federal agencies as the Board deems appropriate;
be written in the name of the Association as trustee for the benefited parties. All policies shall be for the benefit of the Association and its members, except that policies on Limited Common Area shall be for the
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benefit of the Owners of Units within the Service Area to which the Limited Common Area is assigned and their Mortgagees, as their interests may appear;
not be brought into contribution with insurance purchased by Owners, occupants, or their Mortgagees individually;
contain an inflation guard endorsement;
include an agreed amount endorsement, if the policy contains a co-insurance clause;
provide that each Owner is an insured person with respect to liability arising out of such Owner's status as a member of the Association;
provide a waiver of subrogation against any Owner or household member of an Owner; and
include an endorsement precluding cancellation, invalidation, suspension, or non renewal by the insurer on account of any act or omission of one or more Owners, unless acting on the Association's behalf within the scope of their authority, or on account of any curable defect or violation, without prior written demand to the Association and allowance of a reasonable time to cure the defect or violation.
In addition, the Board shall use reasonable efforts to secure insurance policies that list the Owners as additional insureds and provide:
a waiver of subrogation as to any claims against the Association's directors, officers, employees, and manager;
a waiver of the insurer's right to repair and reconstruct instead of paying cash;
an endorsement excluding Owners' individual policies from consideration under any "other insurance" clause;
an endorsement requiring at least 30 days' prior written notice to the Association of
Association Insurance
any cancellation, substantial modification, or non-renewal;
a cross liability provision; and
(f) a provision vesting in the Board exclusive authority to adjust losses. However, Mortgagees having an interest in such losses may not be precluded from participating in the settlement negotiations, if any, related to the loss.
Insurance Premiums.
Premiums for all Association insurance shall be a Common Expense, except that premiums for property insurance on Units within, or Limited Common Areas assigned to, a particular Service Area shall be a Service Area Expense, unless the Board reasonably determines that other treatment of the premiums is more appropriate.
NOTES
(
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1111111111111111111111111111111111111111111111111111111
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Chapter 12 Association Finances
This chapter provides for various types qf funding to cover expenses that the Association incurs or expects to incur in exercising its authority and peiforming its responsibilities
under the Governing Documents. The primazy source qf
funding is the assessments which this chapter authorizes the Association to levy against the Units and collect from the
Owner qf each Unit. Assessments are secured by a lien on
each Unit as described in this chapter.
Association Funds
General Operating Fund
Service Area Operating Funds
Reserve Funds for Repair and Replacement of
Capital Items
Primary Sources of Income
Base Assessments
Service Area Assessments Special Assessments Specific Assessments Founder Subsidy (if any)
One-time Contributions to Working Capital
Secondary Sources of Income
Facilities Rental
Monetary Penalties
Interest on Reserves and
Delinquent Assessments Late Char es
Association Expenses.
Common Expenses. Except as the Governing Documents otherwise specifically provide, all of the expenses that the Association incurs, or expects to incur, in connection with the ownership, maintenance, and operation of the Area of Common Responsibility, and otherwise for the general benefit of the Owners, are considered "Common Expenses." Common Expenses include such operating reserves and reserves for repair and replacement of capital items within the Area of Common Responsibility as the Board finds necessary or appropriate.
Common Expenses shall not include any expenses incurred during the Founder Control Period for initial development or original
\ construction costs unless Owners (other than Founder appointees) representing a majority of
the total vote in the Association approve such expenditure. Payments due under leases of capital improvements such as streetlights shall not be considered an initial development or original construction cost.
The characterization of a particular expense as a "Common Expense" shall not preclude the Association from seeking reimbursement for, or a contribution toward, such expenses from other Persons who may be responsible for the expenses incurred or for sharing such expenses pursuant to this Charter, any Supplement, or any other recorded covenants or agreements.
SeJVice Area Expenses. All expenses that the Association incurs or expects to incur in connection with the ownership, maintenance and operation of Limited Common Areas, or in providing other benefits and services to a Service Area, including any operating reserve or reserve for repair and replacement of capital items maintained for the benefit of the Service Area, are considered "Service Area Expenses." Service Area Expenses may include a reasonable administrative charge in such amount as the Board deems appropriate, provided that any such administrative charge is applied at a uniform rate per Unit among all Service Areas receiving the same service.
Budgeting for and Allocating Association Expenses.
Preparation of Budget At least 60 days before the beginning of each fiscal year, the Board shall prepare a budget of the estimated Common Expenses for the coming year. In addition, the Board shall prepare a separate budget for each Service Area reflecting the estimated Service Area Expenses that the Association expects to incur for the benefit of such Service Area in the coming year.
36
Association Finances
The estimated expenses in each budget shall include, in addition to any operating reserves, a reasonable contribution to a reserve fund for repair and replacement of any capital items to be maintained as a Common Expense or as a Service Area Expense of the Service Area for whom the budget is prepared, as applicable. In determining the amount of such reserve contribution, the Board shall take into account the number and nature of replaceable assets, the expected useful life of each, the expected repair or replacement cost, and the contribution required to fund the projected needs by annual contributions over the useful life of the asset.
Each budget shall also reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Units, and the amount to be generated through the levy of Base Assessments and Service Area Assessments pursuant to subsections (b) and (c).
Calculation of Base Assessments. The total budgeted Common Expenses, less any surplus in the Common Expense budget from prior years and any income anticipated from sources other than assessments against the Units, shall be allocated equally among all Units subject to assessment under Section 12.5 and levied as a "Base Assessment."
The Founder may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy (in addition to any amounts paid by the Founder under Section 12.6(b). Any such subsidy may be treated as a contribution, an advance against future assessments due from the Founder, or a loan, in the Founder's discretion. Any such subsidy and the characterization thereof shall be conspicuously disclosed as a line item in the income portion of the budget. Payment of such subsidy in any year shall not obligate the Founder to continue payment of such subsidy in future years, unless otherwise provided in a written
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agreement between the Association and the Founder.
Calculation of SeJVice Area Assessments. The total Service Area Expenses budgeted for each Service Area, less any surplus in such Service Area budget from prior years, shall be allocated among all Units in the Service Area that are subject to assessment under Section
12.3 and levied as a "Service Area Assessment." Unless otherwise specified in any Supplement applicable to a Service Area, Service Area Assessments shall be set at a uniform rate per Unit in the Service Area, except that any portion of the assessment intended for exterior maintenance of structures, insurance on structures, or replacement reserves which pertain to particular structures may be levied on each of the benefited Units in proportion to the benefit received, as the Board may reasonably determine.
All amounts the Association collects as Service Area Assessments shall be held in trust for and expended solely for the benefit of the Service Area for which they were collected and shall be accounted for separately from the Association's general funds.
(d) Notice of Budget and Assessment; Right to Disapprove. Within 30 days after the Board adopts any budget, the Board shall send a summary of the budget, together with notice of the amount of the Base Assessment or any Service Area Assessment to be levied pursuant to such budget, to the Owner of each Unit responsible for a share of the expenses covered by such budget. The notice shall announce the date set for a meeting of the Owners to consider such budget. The date of the meeting shall be not less than 14 or more than 60 days after the date of mailing or other delivery of the summary of the budget.
Regardless of the presence or absence of a quorum at such meeting, the Common Expense budget shall automatically become effective unless vetoed at the meeting by Owners representing at least 75% of the total votes in the
Association Finances
Association and by the Founder, as long as the Founder membership exists. Regardless of the presence or absence of a quorum at such meeting, each Service Area budget shall automatically become effective unless vetoed at the meeting by Owners of at least 75% of the Units within the Service Area and by the Founder, as long as the Founder membership exists.
If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any year, then the budget most recently in effect, shall continue in effect until a new budget takes effect in accordance with the above procedures without veto by the members.
(e) Budget Revisions. The Board may revise the budget and adjust the Base Assessment or Service Area Assessments any time during the year, subject to the same notice requirements and veto procedures set forth in subsection (d) above.
(f) Surplus Funds. Any surplus funds of the Association remaining after payment of or provision for all Association expenses and any prepayment of or provision for reserves shall be taken into account in the income portion of the budget pursuant to which the funds were collected, in order to reduce the assessments that would otherwise be levied pursuant to that budget in the succeeding year.
Special Assessments.
The Association may levy "Special Assessments" to cover Common Expenses or Service Area Expenses that are non-routine, unanticipated, or in excess of those anticipated in the applicable budget. Except as otherwise specifically provided in this Charter, any Special Assessment for Common Expenses shall require the affirmative vote or written consent of Owners representing more than 50% of the votes attributable to Units subject to assessment under Section 12.3 and shall be allocated equally among all such Units. Any Special Assessment for Service Area Expenses shall require the affirmative vote or written consent of Owners
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representing more than 50% of the total votes allocated to Units in the benefited Service Area and shall be allocated in the same manner as Service Area Assessments under Section 12.2(c). In addition, as long as the Founder membership exists, any Special Assessment shall also be subject to the Founder's written consent. Special Assessments shall be payable in such manner and at such times as the Board determines and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved.
Specific Assessments.
The Association may levy Specific Assessments against a particular Unit as follows:
to cover the costs, including overhead and administrative costs, of providing services to the Unit upon request of the Owner pursuant to any menu of optional services which the Association may offer (which might include the items identified in Section 10.1). Specific Assessments for optional services may be levied in advance of the provision of the requested service; and
to cover costs incurred in bringing the Unit into compliance with the Governing Documents or costs incurred as a consequence of the conduct of the Owner or occupants of the Unit, their agents, contractors, employees, licensees, invitees, or guests; however, the Board shall give the Unit Owner prior written notice and an opportunity for a hearing in accordance with the By-Laws before levying any Specific Assessment under this subsection (b); and
to cover the Unit's pro rata share of any costs that the Association incurs in bringing the property of any Neighborhood Association of which the Unit is a part into compliance with the provtstons of the Governing Documents; however, the Board must give prior written notice to the Neighborhood Association and an opportunity for the Neighborhood Association to be heard (by and through its board of directors) before levying any such assessment.
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Authority to Assess Owners; Time of Payment.
The Founder hereby establishes and the Association is hereby authorized to levy assessments as provided for in this Chapter and elsewhere in the Governing Documents. The obligation to pay assessments shall commence as to each Unit on the first day of the month following the month in which the Association's first budget becomes effective, except that any portion of a Service Area assessment allocated to maintenance, repair, or replacement of structures on or comprising Units shall not commence until substantial completion of the structure. The first annual Base Assessment and Service Area Assessment, if any, levied on each Unit shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Unit.
'
Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at closing of the transfer of title to a Unit and impose special requirements for Owners with a history of delinquent payment. If the Board so elects, assessments may be paid in two or more installments. Unless the Board otherwise provides, the Base Assessment and any Service Area Assessment shall be due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any assessments or other charges levied on his Unit the Board may require the outstanding balance on all assessments to be paid in full immediately.
Obligation for Assessments.
Personal Obligation. By accepting a deed or entering into a recorded contract to purchase any Unit, each Owner covenants and agrees to pay all assessments authorized in the Governing Documents. All assessments, together with interest (computed from its due date at a rate of 10% per annum or such higher rate as the Board may establish, subject to the limitations of Colorado law), late charges as determined by Board resolution, costs, and reasonable attorneys
39
fees, shall be the personal obligation of each Owner and a lien upon each Unit until paid in full. Upon a transfer of title to a Unit, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance.
The Board's failure to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay Base Assessments and Service Area Assessments on the same basis as during the last year for which an assessment was made, if any, until a new assessment is levied, at which time the Association may retroactively assess any shortfall.
No Owner may exempt himself or herself from liability for assessments by non-use of Common Area, abandonment of his or her Unit, or non-use of services provided to all Units or to all Units within the Service Area to which the Unit is assigned. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or set off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes.
By buying a Unit in Grand Park each Owner agrees to pay all assessments levied against his or her Unit. If the Owner does not pay on time, the Owner will be charged late fees and interest on all past due amounts. Owners may not reduce their assessments because of any action or inaction by the Association.
Assessment Statement Upon written request of any Owner, Mortgagee, prospective Mortgagee, or prospective purchaser of a Unit, delivered personally or sent by certified mail,
Association Finances
first-class postage prepaid, return receipt requested to the Association's registered agent or designee, the Association shall issue a written statement setting forth the amount of any unpaid assessments with respect to such Unit, the amount of current periodic assessments and the date on which such assessment becomes or became due, and any credit for advanced payments or prepaid items. Such statement shall be delivered personally or by certified mail, first class postage prepaid, return receipt requested.
The Association may require the payment of a reasonable processing fee for issuance of such statement. Such statement shall be binding upon the Association as to Persons who rely thereon in good faith. Provided such request is made in writing, if the request for a statement of account is not processed within 14 days of receipt of the request, all unpaid assessments that become due before the date of such request shall be subordinate to the lien of a Mortgagee that acquired its interest after requesting such statement.
Lien for Assessments.
Evidence of Lien. In accordance with
§38-33.3-316 of the Act, the Association shall have a statutory lien against each Unit to secure payment of assessments, as well as interest, late charges (subject to the limitations of Colorado law), and costs of collection (including attorneys fees and expenses). Such lien shall be superior to all other liens, except (a) liens and encumbrances recorded prior to this Charter and which the Association has assumed or taken subject to; (b) the liens of all real estate taxes and other governmental assessments or charges, and (c) the lien or charge of any Mortgage made in good faith and for value having first priority over any other Mortgages on the Unit and recorded prior to the assessment becoming delinquent, except that the Association's lien shall have priority over any such Mortgage to the extent of assessments that would have become due in the absence of acceleration during the six months immediately
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preceding any judicial or nonjudicial foreclosure of the Mortgage.
Although no further action is required to create or perfect the lien, the Association may, as further evidence and notice of the lien, execute and record a document setting forth as to any Unit the amount of the delinquent sums due the Association at the time such document is executed and the fact that a lien exists to secure the repayment thereof. However, the failure of the Association to execute and record any such document shall not affect the validity, enforceability, or priority of the lien.
Enforcement of Lien. The Association may bid for the Unit at the foreclosure sale and acquire, hold, lease, mortgage, and convey the Unit. While a Unit is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Unit shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Unit had it not been acquired by the Association. The Association may sue for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same, in addition to pursuing any and all remedies allowed by law to enforce the lien.
EHect of Sale or Transfer. Sale or transfer of any Unit shall not affect the assessment lien or relieve such Unit from the lien for any subsequent assessments. However, the sale or transfer of any Unit pursuant to foreclosure of a first Mortgage having priority over the Association's lien pursuant to Section 12.6(a) shall extinguish the lien as to any installments of such assessments due more than six months prior to the Mortgagee's foreclosure. The subsequent Owner of the foreclosed Unit shall not be personally liable for assessments on such Unit due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Units subject to assessment under
Association Finances
Section 12.4, including such acquirer, its successors and assigns.
In order to insure that the Owner of each Unit pays its share of Association expenses, the Association has a lien against each Unit. If an Owner does not pay his or her assessments on time, the Association may foreclose the lien on such Owner's Unit, causing it to be sold to pay the past due assessments. Alternatively, the Association may sue an Owner in court to recover past due assessments.
Exempt Property.
The following property shall be exempt from payment of Base Assessments, Service Area Assessments, and Special Assessments:
All Common Area and such portions of the property owned by the Founder or a Founder Affiliate as are included in the Area of Common Responsibility; and
Any property dedicated to and accepted by any governmental authority, public utility, or Special District; and
Property owned by any Neighborhood Association for the common use and enjoyment of its members, or owned by the members of a Neighborhood Association as tenants-in common.
In addition, both the Founder and the Association shall have the right, but not the obligation, to grant exemptions to schools, houses of worship, hospitals, police or fire stations (or other similar public service uses) or Units owned by Persons qualifying for tax-exempt status under Section 501(c) of the Internal Revenue Code and used by such Persons for purposes listed in Section 501(c) of the Internal Revenue Code. Exemptions granted by the Founder shall be binding on the Association.
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Capitalization of Association.
The first Owner of each Unit other than the Founder, a Founder Affiliate, or a Builder designated by the Founder shall make a contribution to the working capital of the Association in an amount equal to one-sixth of the annual Base Assessment per Unit for that year. This amount shall be in addition to, not in lieu of, the annual Base Assessment and any Service Area Assessment levied on the Unit and shall not be considered an advance payment of such assessments. This amount shall be due and payable to the Association immediately upon transfer of title, for its use in covering initial start up expenses, operating expenses and other expenses which it incurs pursuant to this Charter and the By-Laws.
Use and Consumption Fees.
The Association may offer services or facilities for which it does not recover its costs through assessments under this Article. The Board may charge use and consumption fees to any Person who chooses to use or participate in such services or facilities and may determine the amount and method of determining such fees. Different fees may be charged to different classes of users (e.g., Owners and non-Owners).
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PART FOUR: RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY
You don't get harmony when everybody sings the same note.
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Doug Floyd
The easements created in this chapter establish the rights qf Owners to use the Common Area and create various rightsfor the benifit qf owners, the Founder, the Association, and others over property within the Community. Some qf these rights are related to development and construction
within the Community and on adjacent property, while others relate to the rights qf Association to come upon property qf others to fulfill its responsibilities and the interrelationships between the Community and the owners qf
adjacent property.
Easements in Common Area.
The Founder grants to each Owner a nonexclusive right and easement of use, access, and enjoyment in and to the Common Area, subject to:
The Governing Documents and any other applicable covenants;
Any restrictions or limitations contained in any deed conveying such property to the Association;
The Board's right to:
adopt rules regulating Common Area use and enjoyment, including rules limiting the number of guests who may use the Common Area, and to charge use fees for such use;
suspend an Owner's right to use Common Area facilities;
dedicate or transfer all or any part of the Common Area, subject to such approval requirements as may be set forth in this Charter;
impose reasonable membership requirements and charge reasonable admission or other use fees for the use of any recreational facility situated upon the Common Area;
rent any portion of any clubhouse or other Common Area recreational facilities on
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an exclusive or non-exclusive short-term basis to any Person;
permit use of any recreational facilities situated on the Common Area by the persons who do not reside in the Community, which use may be subject to admission charges, membership fees, or other user fees established in the Board's discretion; and
mortgage, pledge, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred, subject to the limitations on borrowing set forth in the By-Laws and the approval requirements set forth in Section 20.4; and
Certain Owners' rights to the exclusive use of those portions of the Common Area designated Limited Common Area.
Any Owner may extend his or her right of use and enjoyment to the members of his or her family, lessees, and social invitees, as applicable, subject to reasonable Board regulation. An Owner who leases his or her entire Unit (as opposed to leasing only a garage apartment or in law suite, or guest house authorized pursuant to Section 7 .l(b)) shall be deemed to have assigned all such rights to the lessee of such Unit for the period of the lease.
An easement is one person's right to go onto the property of another.
Easements of Encroachment.
The Founder grants reciprocal appurtenant easements of encroachment, and for maintenance and use of any permitted encroachment, between each Unit and any adjacent Common Area and between adjacent Units. A permitted encroachment is a structure or fixture that extends unintentionally from one
Easements
person's property onto another's a distance of not more than one foot, as measured from any point on the common boundary along a line perpendicular to such boundary. An encroachment easement shall not exist if the encroachment results from willful and knowing conduct on the part of, or with the knowledge and consent of, the Person claiming the benefit of such easement.
An encroachment occurs when a person's home, fence, or other structure extends onto his or her neighbor's property. This section permits minor, unintentional encroachments to remain.
Easements for Utilities and Other Infrastructure.
Installation and Maintenance. The Founder reserves for itself, its successors, assigns, and designees, perpetual exclusive easements throughout the Community (but not through a structure) for the purpose of:
installing utilities and infrastructure, Community Systems, security and similar systems, and drainage systems to serve Grand Park;
installing walkways, pathways and trails, street lights, and signage on property the Founder or the Association owns or within public rights-of-way or easements reserved for such purpose on a recorded plat;
inspecting, maintaining, repamng, and replace the utilities, infrastructure, and other improvements described above; and
access to read, maintain, and repair utility meters.
Notwithstanding the above, the Founder reserves the right to deny access to any utility or service provider, to the extent permitted by law, and to condition such access on negotiated terms.
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Specific Easements. The Founder also reserves the right and power to grant and record such specific easements, consistent with Section 13.3(a), as it deems necessary or appropriate to develop the property described in Exhibits "A" and "B." The location of the specific easement shall be subject to the written approval of the Owner of the burdened property, which approval shall not unreasonably be withheld, delayed, or conditioned.
Minimal Interference. All work associated with the exercise of the easements described in subsections (a) and (b) of this Section shall be performed so as to minimize interference with the use and enjoyment of the property burdened by the easement. Upon completion of the work, the Person exercising the easement shall restore the property, to the extent reasonably possible, to the condition existing prior to the commencement of the work The exercise of these easements shall not extend to permitting entry into the structures on any Unit, nor shall it unreasonably interfere with the use of any Unit and, except in an emergency, entry onto any Unit shall be made only after reasonable notice to the Owner or occupant.
Easements to Serve Additional Property.
The Founder hereby reserves for itself and its duly authorized agents, successors, assigns, and Mortgagees, an easement over the Common Area for the purposes of enjoyment, use, access, and development of the property described in Exhibit "B," whether or not such property is made subject to this Charter. This easement includes, but is not limited to, a right of ingress and egress over the Common Area for construction of roads and for connecting and installing utilities on such property. The Person exerctsmg such easement rights shall be responsible for any damage caused to the Common Area as a result of their actions in connection with development of such property.
If the above easement grants permanent access to any property which is not submitted to this Charter, the Founder, or its successors or
Easements
assigns, shall enter into a reasonable agreement with the Association to share the cost of maintenance that the Association provides for the benefit of the easement holder. The shared maintenance costs may include maintenance to or along any roadway providing access to the benefited property.
Easements for Maintenance, Emergency, and Enforcement.
The Association may come onto a Unit to perform maintenance or to address violations of the covenants, but will give prior notice unless there is an urgent need to enter the property before notice can be given.
By this Charter, the Founder grants to the Association easements over the Community as necessary to enable the Association to fulfill its maintenance responsibilities under Section 9.2 and its enforcement rights under Section 8.2. The Association shall also have the right, but not the obligation, to enter upon any Unit for emergency, security, and safety reasons, to perform maintenance, to inspect for compliance with the Governing Documents, and to enforce the Governing Documents. Any member of the Board and its duly authorized agents and assignees and all emergency personnel in the performance of their duties may exercise such right. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner.
Easements for Lake and Pond Maintenance and Flood Water.
The Founder and the Association have the right to access property adjacent to lakes, streams, ditches, pipelines, and other water bodies to perform maintenance and for irrigation purposes. They also have the right to cause water levels in lakes or ponds in the Community to rise above or lower below normal. They will be responsible for repairing any physical damage they cause in so doing.
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The Founder reserves for itself, the Association, and their respective successors, assigns, and designees, the nonexclusive right and easement, but not the obligation, to enter upon bodies of water and wetlands located within the Area of Common Responsibility to
(a) install, operate, maintain, and replace pumps to supply irrigation water to the Area of Common Responsibility; (b) construct, maintain, and repair structures and equipment used for retaining water; and (c) maintain such areas in a manner consistent with the Community-Wide Standard. The Founder, the Association, and their respective successors, assigns, and designees shall have an access easement over and across any of the Community abutting or containing bodies of water or wetlands, to the extent reasonably necessary to exercise their rights under this Section.
The Founder further reserves for itself, the Association, and their respective successors, assigns, and designees, a perpetual, nonexclusive right and easement of access and encroachment over the Common Area and Units (but not the dwellings thereon) adjacent to or within 50 feet of bodies of water and wetlands within the Community, in order to (a) temporarily flood and back water upon and maintain water over such portions of the Community; (b) alter in any manner and generally maintain the bodies of water and wetlands within the Area of Common Responsibility; and (c) maintain and landscape the slopes and banks pertaining to such areas. All persons entitled to exercise these easements shall use reasonable care in and repair any damage resulting from the intentional exercise of such easements. Nothing herein shall be construed to make the Founder or any other Person liable for damage resulting from flooding due to weather events or other natural occurrences.
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Easements
Easements for Snow Removal and Stacking.
Founder hereby reserves for itself, the Town of Fraser, the Association, any Neighborhood Association, and any other municipal entity charged with the responsibility to conduct snow removal activities a perpetual, nonexclusive easement over and across Units, the Common Area, and the common property of any Neighborhood Association for the purpose of conducting snow removal activities within the Community. Such activities may include, but not be limited to the use of snow plows, distribution of traction material (e.g. sand), and depositing accumulated snow onto Units to a distance of 10 feet from any lot line; provided, such deposits shall not interfere with any structure contained on any Unit. Under no circumstances shall any of the following Persons be held liable for any damage or injury resulting from the exercise of this easement: the Founder, its successors, successors-in-title, or assigns; the Association or its Members (in their capacities as such); any builder or contractor (in their capacities as such); or any officer, director, or partner of any of the foregoing.
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Various recreational and otherfacilities may be located within or in the vicinity if the Community that are privately
owned and operated by Persons other than the Association. Those facilities are not part if the Common Area if the Community and ownership if property in the Community
does not 9ive any person the riaht to use them. This chapter explains the riaht if the owners if those facilities to determine if and on what terms they wish to make their
facilities availablefor use by Owners.
Any property and facilities located within, adjacent to, or near Grand Park which Persons other than the Association own and operate for recreational and related purposes are "Private Amenities."
No Person gains any right to enter or to use any Private Amenity by virtue of membership in the Association or ownership or occupancy of a Unit. Access to and use of any Private Amenity is strictly subject to the rules and procedures of the owner of such Private Amenity.
All Persons are hereby advised that no representations or warranties have been or are made by the Founder, any Founder Affiliate, the Association, any Builder, or by any Person acting on behalf of any of the foregoing with regard to the continuing ownership or operation of the Private Amenities. No purported representation or warranty in such regard, written or oral, shall be effective unless specifically set forth in a written instrument which the record owner of the Private Amenity executes.
operator(s) of the Private Amenity, or (c) the conveyance of a Private Amenity to one or more Founder Affiliates. Consent of the Association, any Neighborhood Association, or any Owner shall not be required to effectuate any change in ownership or operation of any Private Amenity, subject to the terms of any written agreements entered into by such owners.
Rights to use the Private Amenities will be granted only to such persons, and on such terms and conditions, as may be determined by their respective owners. Such owners shall have the right, from time to time in their sole and absolute discretion and without notice, to amend or waive the terms and conditions of use of their respective Private Amenities and to terminate use rights altogether.
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Ownership or operation of any Private Amenity may change at any time. This may be for different reasons, such as (a) the sale to or assumption of operations by an independent Person, (b) establishment of, or conversion of the membership structure to, an "equity" club or similar arrangement whereby the members of a
( Private Amenity or an entity owned or controlled
by its members become the owner(s) and/or
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This chapter discloses some important iriformation about the Community for the benifit qf prospective purchasers qf property in the Community. Each Owner, by accepting a deed to property in the Community, also accepts
and agrees to the matters set forth in this Charter and specifically in this Chapter.
Facilities and Services Open to the Public.
Certain facilities and areas within Grand Park may be open for use and enjoyment of the public. Such facilities and areas may include but are not limited to, by way of example: greenbelts, trails and paths, parks, and other neighborhood spots conducive to gathering and interaction, roads, sidewalks, and medians.
Safety and Security.
Each Owner and occupant of a Unit, and their respective guests and invitees, shall be responsible for their own personal safety and the security of their property in the Community. The Association may, but shall not be obligated to, maintain or support certain activities within the Community designed to promote or enhance the level of safety or security which each person provides for himself or herself and his or her property. However, the Association, the Founder, and Founder Affiliate shall not in any way be considered insurers or guarantors of safety or security within the Community, nor shall any of them be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken.
No representation or warranty is made that any systems or measures, including security monitoring systems or any mechanism or system for limiting access to the Community, cannot be compromised or circumvented, nor that any such systems or security measures undertaken will in all cases prevent loss or provide the detection or
protection for which the system is designed or intended. Each Owner acknowledges, understands, and shall be responsible for informing any tenants and other occupants of such Owner's Unit that the Association, its Board and committees, and the Founder and Founder Affiliates are not insurers or guarantors of security or safety and that each Person within the Community assumes all risks of personal injury and loss or damage to property, including Units and the contents of Units, resulting from acts of third parties.
Changes in Master Plan.
Each Owner acknowledges that the Community is a master planned community, the development of which is likely to extend over many years, and agrees that neither Owner, the Association, nor any Neighborhood Association shall engage in, or use Association funds to support, any protest, challenge, or other form of objection to changes in uses, density of property within the Community, roadway and trail alignments, or changes in the Master Plan as it relates to property outside the Community, without the Founder's prior written consent.
View Impairment.
Neither the Founder, nor any Founder Affiliate, nor the Association, guarantee or represent that any view over and across any portion of the Community will be preserved without impairment. The Founder, Founder Affiliates, and the Association shall have no obligation to relocate, prune, or thin trees or other landscaping except to maintain the Community-Wide Standard or as otherwise required under a separate covenant or agreement. The Association shall have the right to add trees and other landscaping to the Common Area. There shall be no express or
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Disclosures and Waivers
implied easements for view purposes or for the passage of light and air.
Radio and Telecommunication Towers.
The Founder and Founder Affiliates reserve the exclusive right to place antennas and/or telecommunications towers and related equipment in Grand Park; provided, such towers may be placed only on property which the Founder or Founder Affiliates own or lease or within easements reserved or granted for such purpose. Every Owner and occupant of a Unit is hereby advised that such antennas, towers and related equipment may now or hereafter be located within or in the vicinity of Grand Park. Neither the Founder, any Founder Affiliate, Builders, the Association, nor the members, partners, affiliates, officers, directors, agents or employees of any of the foregoing, shall be liable for any damage or injury to any Person or any property arising out of or related to the construction, installation, maintenance, or operation of, or proximity to, radio or telecommunication towers, should any such towers now or hereafter be located in or in the vicinity of Grand Park.
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In order to enhance each Owner's ability to obtain financing for the purchase if his or her Unit, this chapter sets forth various provisions for the benifit if lenders who make mortgage loans and for the benifit if those agencies
which guarantee and insure mortgage loans made by institutional lenders.
The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Units in the Community. The provisions of this Chapter apply to both this Charter and to the By-Laws, notwithstanding any other provisions contained therein.
Notices of Action.
An institutional holder, insurer, or guarantor of a first Mortgage which provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the street address of the Unit to which its Mortgage relates, thereby becoming an "Eligible Holder"), will be entitled to timely written notice of:
Any condemnation loss or any casualty loss which affects a material portion of Grand Park or which affects any Unit on which there is a first Mortgage held, insured, or guaranteed by such Eligible Holder;
Any delinquency in the payment of assessments or charges owed by a Unit subject to the Mortgage of such Eligible Holder, where such delinquency has continued for a period of 60 days, or any other violation of the Governing Documents relating to such Unit or the Owner or occupant which is not cured within 60 days;
Any lapse, cancellation, or material modification of any insurance policy maintained by the Association; and
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Any proposed action which would require the consent of a specified percentage of Eligible Holders.
Special FHLMC Provision.
So long as required by the Federal Home Loan Mortgage Corporation, the following provisions apply in addition to and not in lieu of the foregoing. Unless at least 67% of the first Mortgagees or Owners representing at least 67% of the total votes in the Association consent, the Association shall not:
By act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer all or any portion of the real property comprising the Common Area which the Association owns, directly or indirectly (the granting of easements for utilities or other similar purposes consistent with the intended use of the Common Area shall not be deemed a transfer within the meaning of this subsection);
Change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner of a Unit (a decision, including contracts, by the Board or provtstons of any declaration subsequently recorded on any portion of the Community regarding assessments for Service Areas or other similar areas shall not be subject to this provision where such decision or subsequent declaration is otherwise authorized by this Charter);
By act or omission change, waive, or abandon any scheme of regulations or enforcement pertaining to architectural design, exterior appearance, or maintenance of Units and the Common Area (the issuance and amendment of architectural standards, procedures, rules and regulations, or use restrictions shall not constitute a change, waiver,
Rights ofLenders
or abandonment within the meaning of this provision);
Fail to maintain insurance, as required by this Charter; or
Use hazard insurance proceeds for any Common Area losses for other than the repair, replacement, or reconstruction of such property.
First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on casualty insurance policies or secure new casualty insurance coverage upon the lapse of an Association policy, and first Mortgagees making such payments shall be entitled to immediate reimbursement from the Association.
Other Provisions for First Lien Holders.
If a condominium has been established in the Community, then to the extent not inconsistent with Colorado law:
Any restoration or repair of Common Area in the Community after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance with this Charter and the original plans and specifications unless the approval is obtained of the Eligible Holders of first Mortgages on Units to which more than 50% of the votes of Units subject to Mortgages held by such Eligible Holders are allocated.
Any election to terminate the Association after substantial destruction or a substantial taking in condemnation shall require the approval of the Eligible Holders of first Mortgages on Units to which more than 50% of the votes of Units subject to Mortgages held by such Eligible Holders are allocated, in addition to compliance with the requirements of Section 21.1.
Any election to terminate the Association for any other reason shall require the
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approval of the Eligible Holders of first Mortgages on Units to which at least 67% of the votes of Units subject to a Mortgage appertain, in addition to compliance with the requirements of Section 21.1
Amendments to Documents.
This Section shall not apply to amendments to the Governing Documents as a result of destruction, damage, or condemnation pursuant to Section 16.3(a) and (b), or termination of the Association pursuant to Section 16.3(c). Otherwise, if a condominium has been established within the Community, then in addition to compliance with the procedures set forth in Section 21.2, the approval of Eligible Holders of first Mortgages on Units to which more than 50% of the votes of Units subject to a Mortgage appertain, shall be required materially to amend any provisions of the Charter, By-Laws, or Articles of Incorporation, or to add any material provisions thereto which establish, provide for, govern, or regulate any of the following:
voting;
assessments, assessment liens, or subordination of such liens;
reserves for maintenance, repair, and replacement of the Common Area;
insurance or fidelity bonds;
rights to use the Common Area;
responsibility for maintenance and repair of property in the Community;
expansion or contraction of the Community or the addition, annexation, or withdrawal of property to or from the Association's jurisdiction, except pursuant to the rights reserved in Chapter 17;
boundaries of any Unit;
51
Rights ofLenders
(ix) leasing of Units;
imposition of any right of first refusal or similar restriction of the right of any Owner to sell, transfer, or otherwise convey his or her Unit;
establishment of self-management by the Association where professional management has been required by an Eligible Holder; or
any provisions included in the Governing Documents which are for the express benefit of holders, guarantors, or insurers of first Mortgages on Units.
No Priority.
No provision of this Charter or the By-Laws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Unit in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area.
Notice to Association.
Upon request, each Owner shall furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Unit.
Failure of Mortgagee to Respond.
Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within 30 days of the date of the Association's request, provided such request is delivered to the Mortgagee by overnight courier, or certified or registered mail, return receipt requested.
Construction of Chapter 16.
Nothing contained in this chapter shall be ( construed to reduce the percentage vote that must otherwise be obtained under this Charter,
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the By-Laws, or Colorado law for any of the acts set out in this chapter.
NOTES
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PART FIVE: COMMUNITY DEVELOPMENT
The rung of a ladder was never meant to rest upon, but onLy to hoLd a man's foot Long enough to enable him to put the other somewhat higher.
Thomas Henry Huxley
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( Chapter 17
It is not practical to develop, market, and sell a community the projected size rj Grand Park all at one time. Therifore, the Founder intends to develop the Community in
phases to meet demand. This chapter establishes procedures by which the Founder and the Association may expand the Community.
Expansion by Founder.
From time to time, the Founder may submit to the terms of this Charter all or any portion of the property described in Exhibit "B" by recording a Supplement describing the additional property to be submitted. Any such Supplement shall comply with the requirements of C.R.S.
§§38-33.3-209 and 38-33.3-210 and such other provisions of the Act as may be applicable. The Founder may record such a Supplement without the consent of any Person except the owner of such property, if not the Founder.
The Founder's right to expand the Community under this Section expires when all property described in Exhibit "B" has been submitted to this Charter or 40 years after this Charter is recorded, whichever is earlier. Until then, the Founder may transfer or assign this right to any Founder Affiliate or any Person who is the developer of at least a portion of the real property described in Exhibit "A" or "B." Any such transfer shall be described in a recorded instrument executed by the Founder.
Nothing in this Charter shall require the Founder or any successor to submit additional property to this Charter or to develop any of the property described in Exhibit "B" in any manner whatsoever. The Founder may submit different parcels of property to this Charter at different times. The Founder gives no assurances as to the boundaries of the parcels that may be submitted to this Charter, or as to the order in which the Founder may submit different parcels of property to this Charter.
Expansion by the Association.
The Association also may submit additional property to this Charter by recording a Supplement describing the additional property. Any such Supplement shall comply with the requirements of C.R.S. §§38-33.3-209 and 38- 33.3-210 and such other provisions of the Act as may be applicable. Any Supplement which the Association records must be approved by Owners representing more than 50% of the total votes in the Association at a meeting duly called for such purpose and by the owner of the property to be submitted. In addition, during the Development and Sale Period, the Founder's consent is required. The Association's President and Secretary, the owner of the property, and the Founder, if the Founder's consent is required, shall sign the Supplement.
Additional Covenants and Easements.
Any Supplement that the Founder records may impose additional covenants and easements on the property described in such Supplement, such as covenants obligating the Association to maintain and insure such property and authorizing the Association to recover its costs through Service Area Assessments. Such provisions may be included in a Supplement submitting new property to this Charter or may be set forth in a separate Supplement applicable to property previously submitted to this Charter. If someone other than the Founder owns the property, then the Supplement must be signed by such owner evidencing such owner's consent. Any Supplement may add to, create exceptions to, or otherwise modify the terms of this Charter as it applies to the property described in the Supplement, in order to reflect the different character and intended use of such property.
54
Expansion of the Community
( 17.4. Effect of Filing a Supplement.
A Supplement shall be effective upon recording unless otherwise specified in the Supplement. On the effective date of the Supplement, any additional property made subject to this Charter shall be assigned voting rights in the Association and assessment liability in accordance with the provisions of this Charter.
NOTES
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This chapter reserves various rights to the Founder, in addition to those specifically reserved elsewhere in the Governing Documents, in order to facilitate the Founder's
development and sale if property in the Community, to
enable the Founder to respond to Owners' concerns, and to protect various property rights and other interests if the
Founder.
Special Development Rights.
In addition the rights specifically reserved to the Founder under Chapter 17 with respect to expanding the Community, the Founder reserves for itself and any Founder Affiliate the right, during the Development and Sale Period, to:
create Units, Common Areas, and Limited Common Areas, and to designate roadways, within any portion of the Community which it owns;
subdivide or combine any Unit or Units which it owns in order to create larger or additional Units, Common Areas, and/or Limited Common Areas, subject to the limitation on the number of Units in the Community set forth in Section 3.1;
convert any Unit which it owns into Common Area, Limited Common Area, or roadways;
adjust the boundaries of any Common Area or Limited Common Area; and
amend this Charter or any Supplement to withdraw unimproved property from the Community and the coverage of this Charter. The Founder may separately exercise such right as to each portion of the Community which is the subject of a separately recorded subdivision map or plat; however, the Founder may not exercise such right with respect to any property
on a particular subdivision map or plat after a Unit shown on such map or plat has been conveyed to a Person other than a Builder. "Unimproved" means that no permanent structure has yet been completed on the property. Any such amendment shall not require the consent of any Person other than the Owner(s) of the property to be withdrawn, if not the Founder. If the property is Common Area, the Association shall consent to such withdrawal.
Marketing and Sales Activities.
Notwithstanding anything in the Governing Documents to the contrary, during the Development and Sale Period the Founder and its designees or assigns may construct, use, and maintain upon portions of the Common Area and other property they own, such facilities and activities as, in the Founder's opinion, may reasonably be required, convenient, or incidental to the construction or sale of Units. Such permitted facilities and activities shall include business offices, signs, flags (whether hung from flag poles or attached to a structure), model homes, sales offices, holding or sponsoring special events, and exterior lighting features or displays. In addition, if reasonably required, convenient, or incidental to construction or sales activities, the Founder and its employees, agents, and designees may park vehicles in designated parking areas, including within courtyards enclosed by building frontages or in parking courts.
Access for Development Purposes.
During the Development and Sale Period, the Founder and its employees, agents, and designees shall have a right of access and use and an easement over and upon all of the Common
56
Additional Rights Reserved to Founder
Area and roadways within the Community for the purpose of:
exercising any rights reserved to the Founder pursuant to this Charter, including the rights set forth in Section 18.1; and
making, constructing, and installing any improvements indicated on recorded subdivision maps or plats of the Community and such other improvements to the Common Area and to the Exhibit "B" property as it deems appropriate.
Right to Approve Changes in Grand Park Standards.
During the Development and Sale Period, no amendment to or modification of any Rules or Design Guidelines shall be effective without prior notice to and the written approval of the Founder.
Additional Covenants and Restrictions.
During the Development and Sale Period, no one other than the Founder or a Founder Affiliate may record any additional covenants or restrictions affecting any portion of the Community without the Founder's written consent. Any instrument recorded without the required consent shall be void and of no force and effect.
Exclusive Rights to Use Name of Development.
No Person other than the Founder or a Founder Affiliate shall use the name "Grand Park," "Grand Park Colorado," or any derivative of such name or in any logo or depiction associated with Grand Park in any printed or promotional material without the Founder's prior written consent. However, Owners may use the name "Grand Park" or "Grand Park Colorado" in printed or promotional matter where such term is used solely to specify that particular property is located within Grand Park, and the Association shall be entitled to use the word "Grand Park" or "Grand Park Colorado" in its name.
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Easement to Inspect and Right to Correct.
The Founder reserves for itself and for others the Founder may designate, the right, but not the obligation, to inspect, monitor, test, redesign, and correct any structure, improvement, or condition which may exist on any portion of the property within the Community, including Units, and a perpetual nonexclusive easement of access throughout the Community to the extent reasonably necessary to exercise such right. Except in an emergency, entry onto a Unit shall be only after reasonable notice to the Owner, and no entry into an enclosed structure shall be permitted without the Owner's consent. The person exercising this easement shall promptly repair, at such person's own expense, any damage he or she causes. Nothing in this paragraph shall relieve an Owner of the responsibility for the maintenance and repair of his or her Unit.
The Founder, or someone it designates, may enter any Owner's property to inspect and correct problems with the Unit. The Founder must give the Owner of the Unit prior notice, and if necessary to enter an enclosed structure on the Unit, obtain the Owner's prior consent, unless it is an emergency.
Right to Notice of Design or Construction Claims.
No Person shall retain an expert for the purpose of inspecting the design or construction of any structures or improvements within the Community in connection with or in anticipation of any potential or pending claim, demand, or litigation involving such design or construction unless the Founder and any builder involved in the design or construction have been first notified in writing and given an opportunity to meet with the owner of the property to discuss the owner's concerns and conduct their own inspection.
Additional Rights Reserved to Founder
Water Rights.
The Founder and Founder Affiliates reserve for themselves and their respective successors, assigns, and designees, all rights which any of them hold on the date this Charter is recorded or thereafter acquire to ground water, surface water, storm water runoff, contractual rights or entitlements, reservations of water resources of every nature or kind, and appropriation of water originating within or running under or through the Community, or which benefit or are used in conjunction with the Community, and each Owner agrees, by acceptance of a deed to a Unit, that the Founder and Founder Affiliates shall retain all such rights. No Person other than the Founder, Founder Affiliates, and their respective successors, assigns, or designees shall appropriate, claim, capture, pump, or collect rainwater, ground water, surface water or storm water runoff from any portion of the Community without prior written permission of the Founder or Founder Affiliate to which such rights are reserved. The Founder and Founder Affiliates or their designees may establish programs for reclamation of return flow or storm water runoff and wastewater for appropriate uses within or outside the Community and may require Owners and occupants of Units to participate in such programs to the extent reasonably practical. No Owner or occupant of a Unit shall have any right to be compensated for water claimed or reclaimed from Units. The Board shall also have the right to establish restrictions on or prohibit outside use of potable or raw water within the Community. The provisions of this section are not intended to modify or limit the rights of the Town of Fraser, in any respect.
Right to Transfer or Assign the Founder's Rights.
Any or all of the Founder's special rights and obligations set forth in this Charter or the By Laws may be transferred in whole or in part to other Persons. However, such a transfer shall not reduce an obligation nor enlarge a right beyond that which Founder has under this Charter or the By-Laws. No such transfer or assignment
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shall be effective unless it is in a recorded instrument the Founder signs. The foregoing sentence shall not preclude the Founder from permitting other Persons to exercise, on a one time or limited basis, any right reserved to the Founder in this Charter where the Founder does not intend to transfer such right in its entirety. In such case, it shall not be necessary to record any written assignment unless necessary to evidence the Founder's consent to such exercise.
Termination of Rights.
The rights contained in this chapter shall not terminate until the earlier of (a) termination of the Development and Sale Period; or (b) the Founder's recording of a written statement that all sales activity has ceased.
NOTES
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PART SIX: PROCEDURES FOR AND LIMITATIONS ON CERTAIN ACTIONS
There are many ways of going forward, but only one way of standing still.
Franklin D. Roosevelt
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From time to time, disputes may arise between owners or between an owner and the Association, the Founder or others involved in the Community. This commits the parties to any such a dispute to work to9ether in an attempt to
resolve the dispute without liti9ation in order to facilitate the prompt resolution rf such disputes in a manner that
respects and builds upon the relationships between the parties. It also requires substantial support rf the
Association's membership bifore the Association can en9a9e
in certain types rf liti9ation that could result in siBnificant le9al and emotional costs to the Community.
Agreement to Encourage Resolution of Disputes Without Litigation.
Bound Parties. The Founder, Founder Affiliates, the Association and its officers, directors, and committee members, all Persons subject to this Charter, and any Person not otherwise subject to this Charter who agrees to submit to this chapter (collectively, "Bound Parties"), agree that it is in the best interest of all concerned to encourage the amicable resolution of disputes involving the Community without the emotional and financial costs of litigation. Accordingly, each Bound Party agrees not to file suit in any court with respect to a Claim described in subsection (b), unless and until it has first submitted such Claim to the alternative dispute resolution procedures set forth in Section
19.2 in a good faith effort to resolve such Claim.
Claims. As used in this Chapter, the term "Claim" shall refer to any claim, grievance, or dispute arising out of or relating to:
the interpretation, application, or enforcement of the Governing Documents;
the rights, obligations, and duties of any Bound Party under the Governing Documents; or
the design or construction of improvements within the Community, other
60
than matters of aesthetic judgment under Chapter 5, which shall not be subject to review.
Notwithstanding the above, the following shall not be considered "Claims" unless all parties to the matter otherwise agree to submit the matter to the procedures set forth in Section 19.2:
any suit by the Association to collect assessments or other amounts due from any Owner;
any suit by the Association to obtain a temporary restraining order (or emergency equitable relief) and such ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of Part Two of this Charter (relating to creation and maintenance of community standards);
any suit that does not include the Founder, a Founder Affiliate, or the Association as a party, if such suit asserts a Claim that would constitute a cause of action independent of the Governing Documents;
any dispute which affects the material rights or obligations of a party who is not a Bound Party and has not agreed to submit to the procedures set forth in Section 19.2; and
any suit as to which any applicable statute of limitations would expire within 180 days of giving the Notice required by Section 19.2(a), unless the party or parties against whom the Claim is made agree to toll, or extend, the Claim's statute of limitations to comply with this Chapter.
Dispute Resolution Procedures.
Notice. The Bound Party asserting a Claim ("Claimant") against another Bound Party
Dispute Resolution and Limitation on Litigation
("Respondent") shall give written notice ("Notice") by mail or personal delivery to each Respondent and to the Board, stating plainly and concisely:
the nature of the Claim, including the Persons involved and the Respondent's role in the Claim;
the legal basis of the Claim (i.e., the specific authority out of which the Claim arises);
the Claimant's proposed resolution or remedy; and
the Claimant's desire to meet with the Respondent to discuss, in good faith, ways to resolve the Claim.
Negotiation. The Claimant and Respondent shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing, accompanied by a copy of the Notice, the Board may appoint a representative to assist the parties in negotiating
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a resolution of the Claim.
Mediation. If the parties have not resolved the Claim through negotiation within 30 days of the date of the Notice (or within such other agreed upon period), the Claimant shall have 30 additional days to submit the Claim to mediation with an entity designated by the Association (if the Association is not a party to the Claim) or to an independent agency providing dispute resolution services in the Fraser, Colorado area. Each Bound Party shall present the mediator with a written summary of the Claim.
If the Claimant does not submit the Claim to mediation within such time, or does not appear for and participate in good faith in the mediation when scheduled, the Claimant shall be deemed to have waived the Claim, and the Respondent shall be relieved of any and all liability to the Claimant (but not third parties) on account of such Claim.
If the parties do not settle the Claim within
DISPUTE RESOLUTION TIMELINE
Claim Betv\.een Bound Parties
Day1 Day2-30
Day31-60
Day61-90+
Witten Notice of Claim
•Factual Basis
•Legal Basis
•Propose a resolution
•Propose a meeting
•Send copy to Board
Negotiations
Good faith effat
Parties rreet in
person
IVIay request Board assistance
Request Mediation
Clairnant must submit daim
Mediator assigned by Association or independent agency
If Oaim is not subnitted, it is ooived
Mediation
• Agency supplies rules
Fee split bet.Aeen parties
V\kitten summary from
each side
Supervised negctiation
Contractual settlement
g:
Ternination of
mediation
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Dispute Resolution and Limitation on Litigation;;
( 30 days after submission of the matter to mediation, or within such time as determined
reasonable by the mediator, the mediator shall issue a notice of termination of the mediation proceedings indicating that the parties are at an impasse and the date that mediation was terminated. The Claimant shall thereafter be entitled to file suit or to initiate administrative proceedings on the Claim, as appropriate.
Each Bound Party shall bear its own costs of the mediation, including attorneys' fees, and each Party shall pay an equal share of the mediator's fees.
(d) Settlement Any settlement of the Claim through negotiation or mediation shall be documented in writing and signed by the parties. If any party thereafter fails to abide by the terms of such agreement, then any other party may file suit or initiate administrative proceedings to enforce such agreement without the need to comply again with the procedures set forth in this Section. In such event, the party taking action to enforce the agreement or award shall, upon prevailing, be entitled to recover from the non-complying party (or if more than one non complying party, from all such parties in equal proportions) all costs incurred in enforcing such agreement or award, including, without limitation, attorneys fees and court costs.
Initiation of Litigation by Association.
In addition to compliance with the foregoing alternative dispute resolution procedures, if applicable, the Association shall not initiate any judicial or administrative proceeding unless first approved by a vote of Owners entitled to cast 75% of the total votes in the Association, except that no such approval shall be required for actions or proceedings:
initiated during the Founder Control Period;
initiated to enforce the provisions of this Charter, including collection of assessments and foreclosure of liens;
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initiated to challenge ad valorem taxation or condemnation proceedings;
initiated against any contractor, vendor, or supplier of goods or services arising out of a contract for services or supplies; or
to defend claims filed against the Association or to assert counterclaims in proceedings instituted against it.
This Section shall not be amended unless such amendment is approved by the same percentage of votes necessary to institute proceedings, and, during the Founder Control Period, approved by the Founder.
Limitation of Damages.
All Bound Parties agree that in any lawsuit arising out of a Claim subject to the procedures set forth in Section 19.2, any damage award shall be limited to the amount of any actual economic loss suffered by the prevailing party and shall not include punitive damages or damages for pain and suffering, except that punitive damages shall be permitted in the case of a lawsuit arising out of a violation of the Governing Documents.
NOTES
(
Various irifluences and circumstances within and outside the Community may give rise to a need or desire to
make changes in the ownership if, or rights to use, Common
Area. This chapter explains the procedures for dealing with matters such as changing use rights in Common Area or
Limited Common Area, partition if the Common Area, and
condemnation.
Assignment and Reassignment of Limited Common Area.
Assignment The Founder may designate Limited Common Area as provided in Section 3.1. In addition, the Board may designate any portion of the Common Area as Limited Common Area upon approval of the Board and Owners representing at least 75% of the total votes in the Association, including Owners of a majority of the Units to which the Board proposes to assign such Limited Common Area. No such assignment shall have the effect of denying any Owner access to such Owner's Unit or recreational facilities within the Common Area without such Owner's consent. As long as the Founder owns any property subject to this Charter or which may become subject to this Charter in accordance with Section 17.1, any such assignment shall also require the Founder's written consent.
Reassignment Limited Common Elements, once assigned, may be reassigned only with the consent of the Owners of the Units affected by such reassignment.
Use hy Others. Upon approval of a majority of Owners of Units to which any Limited Common Area is assigned, the Association may permit Owners of other Units to use all or a portion of such Limited Common Area upon payment of reasonable user fees, which fees shall be used to offset the Service Area Expenses attributable to such Limited Common Area.
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Condemnation.
A public entity such as a town, county, or state has the power to condemn property for its own uses and generally has to pay the value of the property to do so.
If any part of the Common Area is taken by any authority having the power of condemnation or eminent domain, or conveyed by the Association in lieu of and under threat of condemnation with such approval as may be required under Section 20.4, each Owner shall be entitled to written notice of such taking or conveyance prior to disbursement of any condemnation award or proceeds from such conveyance. Such award or proceeds shall be payable to the Association to be disbursed as follows:
If the taking or conveyance involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent available, unless within 60 days after such taking the Founder, during the Development and Sale Period, and Owners representing at least 75% of the total votes in the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions of Section 9.4 regarding funds for restoring damaged improvements shall apply.
If the taking or conveyance does not involve any improvements on the Common Area, if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be treated in the same manner as proceeds from the sale of Common Area under Section 20.4.
63
Changes in the Common Area
Partition.
Partition is a legal action in which a party requests to have a portion of one interest in property split off so that the party can possess that portion or interest separately from other parties who have rights in the property.
Except as permitted in this Charter, the Common Area shall remain undivided, and no Person shall bring any action to partition any portion of the Common Area without the written consent of all Owners and Mortgagees. This Section shall not prohibit the Board from acquiring and disposing of tangible personal property or from acquiring and disposing of real property that may or may not be subject to this Charter, with such approval as may be required under Section 20.4.
Transfer, Mortgaging, or Dedication of Common Area.
The Association may dedicate portions of the Common Area to Grand County, Colorado, the Town of Fraser, qualified 50l(c)(3) entities, or to any other local, state, or federal governmental or quasi-governmental entity, may subject Common Area to a security interest, or may transfer or convey Common Area as follows:
if Common Area other than Limited Common Area, upon the written direction of Owners representing at least 67% of the total votes in the Association and, during the Development and Sale Period, the written consent of the Founder; or
if Limited Common Area, upon written approval of Owners of at least 67% of the Units to which such Limited Common Area is assigned.
The proceeds from the sale or mortgaging of Common Area other than Limited Common Area shall be an asset of the Association to be used as the Board determines. The proceeds from the sale or mortgaging of Limited Common Area shall be disbursed in the manner approved
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by the Owners of Units to which the Limited Common Area is assigned at the time such sale or mortgage is authorized.
No conveyance or encumbrance of Common Area may deprive any Unit of rights of access or support.
NOTES
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As the Community matures and grows, the rules by which it is governed must be flexible enough to adapt to changes in the development plan, as well as changes in the
needs and desires if the Community that inevitably will
occur. This chapter sets out procedures by which either the Founder or the Owners as a group may amend this Charter to address such changes.
Term and Termination.
This Charter shall have perpetual duration, unless terminated in the manner provided in
§38-33.3-218 of the Act by agreement signed by Owners of Units to which at least 80% of the total votes in the Association are allocated. Such agreement shall be delivered to the governing body of the Town of Fraser, Colorado, in accordance with §38-33.3-218 of the Act. If Colorado law hereafter limits the period during which covenants may run with the land, then to the extent consistent with such law, this Charter shall be extended automatically at the expiration of such period for successive periods of 20 years each, unless terminated as provided above.
This section shall not permit termination of any easement created in this Charter without the consent of the holder of such easement.
Amendment.
By the Founder. The Founder may unilaterally amend this Charter (i) to correct clerical, typographical or technical errors; (ii) to comply with any applicable governmental statute, rule, regulation, or judicial determination; (iii) to comply with the requirements, standards or guidelines of any institutional or governmental lender, purchaser, insurer, or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation; or
(iv) to assign Common Elements as Limited Common Elements pursuant to Section 20.1; (v)
65
as necessary to exercise the rights reserved to the Founder under Section 17.1 and Section 18.1; and (vi) otherwise as permitted by the Act.
By the Association. The Association may amend this Charter (i) to assign Common Elements and Limited Common Elements pursuant to Section 20.1; (ii) to subdivide a Unit or relocate boundaries between Units upon application of the Owner(s) of the affected Units pursuant to the Act; (iii) to withdraw any portion of the Community subject to withdrawal under Section 18.1 from the coverage of this Charter upon request of the person taking title following foreclosure of a lien or encumbrance on such property; and (iv) otherwise as permitted or required by the Act.
Any amendment pursuant to this Section shall be prepared, executed, certified and recorded on behalf of the Association by any officer designated for such purpose or, in the absence of such designation, by the Association's President.
By the Owners. Except as otherwise specifically provided above or in the Act, this Charter may be amended only by:
the affirmative vote or written consent, or any combination thereof, of Owners of Units to which at least 67% of the total votes in the Association are allocated;
the affirmative vote or written consent, or any combination thereof, of Owners of Units to which at least 67% of the total votes held by Owners other than the Founder are allocated, if the amendment creates or expands "special declarant rights," as defined in the Act, increases the number of Units, changes the boundaries of any Unit, or changes the votes or
Termination and Amendment of Community Charter
the proportional share of liability for Association expenses allocated to any Unit; and
during the Development and Sale Period, the Founder's written consent.
may be amended under Chapter 7 or pursuant to Sections 21.1 and 21.2. All other exhibits are attached for informational purposes and may be amended as provided in those exhibits or in the provisions of this Charter that refer to such exhibits.
(d) Validity
and
Effective
Date.
Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause.
No amendment may remove, revoke, or modify any right or privilege of the Founder or the Founder Member without the written consent of the Founder or the Founder Member, respectively (or the assignee of such right or privilege). In addition, the approval requirements set forth in Chapter 16 shall be met, if applicable.
If an Owner consents to any amendment to this Charter or the By-Laws, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment.
Any amendment shall become effective upon recording unless a later effective date is specified in the amendment. An amendment shall be indexed in the grantee's index in the name of the Community and the Association and in the grantor's index in the name of every person executing the amendment.
No action to challenge the validity of an amendment may be brought more than one year after its recordation. In no event shall a change of conditions or circumstances operate to amend any provisions of this Charter.
(e) Exhibits. Exhibits "A" and "B" are incorporated by this reference, and this Chapter shall govern amendment of those exhibits. Exhibit "C" is incorporated by this reference and
NOTES
66 1111111111111111111111111111111111111111111111111111111
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2005.
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• 2005-013834 12/07/2005 12:27P CH RTER SARR L ROSE
72 of 113 R 566.00 D 0.00 GRAND COUNTY CLERK
FOUNDER: CORNERSTONE WINTER PARK
HOLDINGS ' a
liability om . :f
limited/
/
By: - :=
N arne: . Clark Lip comc'rb
---------------- )
Its: Vice President _
STATE OF COLORADO)
) ss. COUNTY OF GRAND )
The foregoing instrument was acknowledged before me this day of October, 2005, by C. Clark Lipscomb as Vice President of Cornerstone Winter Park Holdings LLC, a Colorado limited liability company.
Witness my hand and official seal.
j
_a1a - Y L -------------------
Nota ublicU
<.J
5611/CAdoc/CCRs/092305/amj
67
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INDEX TO DEFINED TERMS
Act, 1
Approval, 4
Area of Common Responsibility, 10 Articles of Incorporation, 3 Association, 1
Base Assessment, 37
Board, 6
Bound Parties, 60
Builders, 7
By-Laws, 3
Charter, 1
Claim, 60
Claimant, 60
Common Area, 9
Common Expenses, 36
Community, 1
Community Charter, 1
Community Systems, 32
Community-Wide Standard, 5
consent, 4
Design Guidelines, 3, 14
Design Review Committee or DRC, 15 Development and Sale Period, 6 Discretion, 4
Election Districts, 10
Eligible Holder, 50
Founder, 1
Founder Affiliate, 6
Founder Control Period, 6 Founder Membership, 12
Governing Documents, 3
Grand Park, 1
Improvements, 14 Lease and Leasing, 20
Limited Common Area, 9 Master Plan, 6
Member, 12
Mortgage, 8
Mortgagee, 8
Neighborhood Association, 7
Notice, 61
Owner, 7
Owner Membership, 12 Person" or "Persons, 4 Recorded, 4
Respondent, 61
Reviewer, 15
Rules, 3
Service Area Committee, 10 Service Area Expenses, 36 Service Areas, 10
Special Assessments, 38
Special District, 30
Specific Assessments, 38
Supplement, 3
Units, 9
EXHIBIT | nnE | PAGE FIRST MENTIONED |
A | Initial Property | 1 |
B | Expansion Property | 6 |
c | Initial Rules | 3 |
D | By-Laws of Grand Park Owners Association, Inc. | 3 |
TABLE OF EXHIBITS
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EXHIBIT"A"
Land Initially Submitted
ALL THOSE TRACTS OR PARCELS OF LAND lying and being in the County of Grand, State of Colorado, and described as follows:
Cozens Meadow at Grand Park, according to the Plat thereof filed for record on -=-"-"'-""'-'-'-'--'"""""---·L-----'
2005, at Reception No. 2005-0J.3_ - -:2 .
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EXHIBIT"B"
Land Subiect to Annexation
ALL THOSE TRACTS OR PARCELS OF lAND lying and being in the County of Grand, State of Colorado and described as follows:
GRAND PARK· NORTH PARCEL:
PARTS OF SECTIONS 20, 28, AND 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20 AND CONSIDERING THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20 TO BEAR NORTH 89°47'06" EAST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE NORTH 89°47'06" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1316.72 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20;
THENCE NORTH 89°47'06" EAST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 472.44 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 40;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING ELEVEN (11) COURSES:
1. THENCE SOUTH 66°36'51" EAST, A DISTANCE OF 423.42 FEET;
THENCE SOUTH 65°12'18" EAST, A DISTANCE OF 297.56 FEET TO A POINT ON A CURVE;
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 03°38'10", A RADIUS OF 2794.80 FEET, AN ARC LENGTH OF 177.37 FEET, AND A CHORD THAT BEARS SOUTH 61°12'08" EAST;
THENCE SOUTH 5r10'01" EAST, A DISTANCE OF 38.65 FEET;
THENCE SOUTH 57°35'34" EAST, A DISTANCE OF 255.30 FEET;
THENCE SOUTH 57°07'20" EAST, A DISTANCE OF 1432.95 FEET;
THENCE SOUTH 56°31'19" EAST, A DISTANCE OF 346.65 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 15°43'30", A RADIUS OF 1366.40 FEET, AND AN ARC LENGTH OF 375.01 FEET;
THENCE SOUTH 40°47'49" EAST, A DISTANCE OF 1958.86 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 22°49'33", A RADIUS OF 2798.79 FEET, AND AN ARC LENGTH OF 1114.99 FEET;
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2005-013834 12/07/2005 12:27P CH RTER SRRR L ROSE
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EXHIBIT"B"
Land Subject to Annexation (continued)
THENCE SOUTH 18°01'25" EAST, A DISTANCE OF 486.54 FEET TO A POINT ON THE NORTH LINE OF TRACT "A", REGIS-MARYVALE, INC. SUBDIVISION EXEMPTION, RECORDED AT RECEPTION NO. 280227 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER;
THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF SAID TRACT "A" THE FOLLOWING THREE (3) COURSES:
THENCE SOUTH 74°12'26" WEST, A DISTANCE OF 179.91 FEET;
THENCE SOUTH 15°39'20" EAST, A DISTANCE OF 506.94 FEET;
THENCE SOUTH 18°59'30" EAST, A DISTANCE OF 27.08 FEET TO A POINT ON A CURVE ON THE NORTHERLY RIGHT-OF-WAY LINE OF KING'S CROSSING ROAD, RECORDED AT RECEPTION NO. 96007615 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TEN (10) COURSES:
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 30°07'57", A RADIUS OF 167.31 FEET, AN ARC LENGTH OF 87.99 FEET, AND A CHORD THAT BEARS SOUTH 63°58'11" WEST;
THENCE SOUTH 86°20'17" WEST, A DISTANCE OF 112.25 FEET;
THENCE SOUTH 89°01'35" WEST, A DISTANCE OF 129.25 FEET;
THENCE SOUTH 87°10'33" WEST, A DISTANCE OF 30.53 FEET;
THENCE SOUTH 87°10'32" WEST, A DISTANCE OF 95.38 FEET;
THENCE SOUTH 87°14'57" WEST, A DISTANCE OF 205.49 FEET TO A POINT ON A CURVE;
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 09°34'18", A RADIUS OF 170.00 FEET, AN ARC LENGTH OF 28.40 FEET, AND A CHORD THAT BEARS NORTH 78°46'18" WEST TO A POINT OF COMPOUND CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 26°15'28", A RADIUS OF 328.18 FEET, AN ARC LENGTH OF 150.40 FEET, AND A CHORD THAT BEARS NORTH 60°51'25" WEST TO A POINT OF REVERSE CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 71°49'08", A RADIUS OF 226.49 FEET, AN ARC LENGTH OF 283.90 FEET, AND A CHORD THAT BEARS NORTH 83°38'15" WEST TO A POINT OF COMPOUND CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16°18'47", A RADIUS OF 830.30 FEET, AN ARC LENGTH OF 236.40 FEET, AND A CHORD THAT BEARS SOUTH 52°17'48" WEST TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 28;
2
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EXHIBIT"B"
Land Subject to Annexation (continued)
THENCE NORTH 00°11'18" WEST, ALONG SAID WEST LINE, A DISTANCE OF 44.03 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 28, SAID POINT ALSO BEING ON THE EASTERLY BOUNDARY OF KING'S CROSSING SOLAR TOWNHOMES, RECORDED AT RECEPTION NO. 177402 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER;
THENCE ALONG THE EASTERLY, NORTHERLY AND WESTERLY BOUNDARY OF SAID KING'S CROSSING SOLAR TOWNHOMES THE FOLLOWING FOUR (4) COURSES:
THENCE NORTH 00°17'11" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 28, A DISTANCE OF 314.75 FEET;
THENCE SOUTH 89°40'36" WEST, A DISTANCE OF 180.15 FEET;
THENCE SOUTH 02°36'57" EAST, A DISTANCE OF 145.06 FEET;
THENCE SOUTH 51°23'03" WEST, A DISTANCE OF 101.44 FEET
TO A POINT ON A CURVE ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWENTY-TWO (22) COURSES:
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 20°23'06", A RADIUS OF 616.78 FEET, AN ARC LENGTH OF 219.44 FEET, AND A CHORD THAT BEARS NORTH 25°34'43" WEST TO A POINT OF SPIRAL CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC LENGTH OF 175.92 FEET, THE CHORD OF WHICH BEARS NORTH 10°26'31" WEST A DISTANCE OF 175.79 FEET;
THENCE NORTH 07°53'10" WEST, A DISTANCE OF 102.74 FEET TO A POINT OF SPIRAL CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE LEFT HAVING A COMBINED ARC LENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS NORTH 10°35'48" WEST A DISTANCE OF 201.94 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 36°53'00", A RADIUS OF 816.78 FEET, AN ARC LENGTH OF 525.79 FEET, AND A CHORD THAT BEARS NORTH 33°49'40" WEST TO A POINT OF SPIRAL CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE LEFT HAVING A COMBINED ARC LENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS NORTH 5r03'32" WEST A DISTANCE OF 201.94 FEET;
THENCE NORTH 59°46'10" WEST, A DISTANCE OF 217.82 FEET TO A POINT OF SPIRAL CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC LENGTH OF 235.64 FEET, THE CHORD OF WHICH BEARS NORTH 58°51'32" WEST A DISTANCE OF 235.62 FEET TO A POINT OF CURVATURE;
3
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2005-013834 12/07/2005 12:27P CH RTER SARA L ROSE
of 113 R 566.00 D 0.00 GRAND COUNTY CLERK
EXHIBIT"B"
Land Subject to Annexation (continued)
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 23°11'00", A RADIUS OF 2764.93 FEET, AN ARC LENGTH OF 1118.76 FEET, AND A CHORD THAT BEARS NORTH 45°40'40" WEST TO A POINT OF SPIRAL CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC LENGTH OF 235.64 FEET, THE CHORD OF WHICH BEARS NORTH 32°29'48" WEST A DISTANCE OF 235.62 FEET;
THENCE NORTH 31°35'10" WEST, A DISTANCE OF 476.10 FEET TO A POINT OF SPIRAL CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE LEFT HAVING A COMBINED ARC LENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS NORTH 34°17'48" WEST A DISTANCE OF 201.94 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 80°35'20", A RADIUS OF 816.78 FEET, AN ARC LENGTH OF 1148.83 FEET, AND A CHORD THAT BEARS NORTH 79°22'50" WEST TO A POINT OF SPIRAL CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE LEFT HAVING A COMBINED ARC LENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS SOUTH 55°32'08" WEST A DISTANCE OF 201.94 FEET;
THENCE SOUTH 52°49'30" WEST, A DISTANCE OF 77.31 FEETTOAPOINTOF SPIRAL CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC LENGTH OF 175.92 FEET, THE CHORD OF WHICH BEARS SOUTH 55°22'51" WEST A DISTANCE OF 175.79 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 131°31'00", A RADIUS OF 616.03 FEET, AN ARC LENGTH OF 1414.05 FEET, AND A CHORD THAT BEARS NORTH 53°55'00" WEST TO A POINT OF SPIRAL CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC LENGTH OF 175.92 FEET, THE CHORD OF WHICH BEARS NORTH 16°47'09" EAST A DISTANCE OF 175.79 FEET;
THENCE NORTH 19°20'30" EAST, A DISTANCE OF 139.30 FEET TO A POINT OF SPIRAL CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE LEFT HAVING A COMBINED ARC LENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS NORTH 16°37'52" EAST A DISTANCE OF 201.94 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 78°42'00", A RADIUS OF 816.78 FEET, AN ARC LENGTH OF 1121.91 FEET, AND A CHORD THAT BEARS NORTH 27°30'30" WEST TO A POINT OF SPIRAL CURVATURE;
(
4
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2005-013834 12/07/2005 12:27P CH RTER S R L ROSE
of 113 R 566.00 D 0.00 GR ND COUNTY CLERK
EXHIBIT"B"
Land Subject to Annexation (continued)
THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE LEFT HAVING A COMBINED ARC LENGTH OF 112.35 FEET, THE CHORD OF WHICH BEARS NORTH 70°00'51" WEST A DISTANCE OF 112.30 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20;
THENCE NORTH 00°06'44" WEST, ALONG SAID WEST LINE, A DISTANCE OF 135.49 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS A TOTAL AREA OF 12,972,836 SQUARE FEET OR 297.82 ACRES, MORE OR LESS.
EXCEPT THAT PORTION THEREOF DESCRIBED UNDER RECEPTION NO. 95004884 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20 AND CONSIDERING THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20 TO BEAR SOUTH 00°16'02" EAST;
THENCE SOUTH 00°16'02" EAST, ALONG SAID WEST LINE, A DISTANCE OF 582.71 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 89°43'58" EAST, A DISTANCE OF 333.77 FEET;
THENCE SOUTH 00°16'02" EAST, PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 652.55 FEET;
THENCE SOUTH 89°43'58" WEST, A DISTANCE OF 333.77 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20;
THENCE NORTH 00°16'02" WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 652.55 FEET TO THE POINT OF BEGINNING;
SAID EXCEPTION PARCEL CONTAINS AN AREA OF 217,802 SQUARE FEET OR 5.00 ACRES, MORE OR LESS.
SAID WEST MOUNTAIN- NORTH PARCEL CONTAINS A NET AREA OF 12,755,034 SQUARE FEET OR
292.82 ACRES, MORE OR LESS, AFTER EXCEPTION.
GRAND PARK- SOUTH PARCEL:
(
5
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2005-013834 12/07/2005 12:27P CHARTER S R L ROSE
of 113 R 566.00 D 0.00 GR ND COUNTY CLERK
EXHIBIT"B"
Land Subject to Annexation (continued)
PARTS OF SECTIONS 29, 30, 31, AND 32, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 31 AND CONSIDERING THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31 TO BEAR NORTH 00°55'33" WEST WITH ALL BEARINGS CONTAINED HEREIN RELATNE THERETO;
THENCE NORTH 00°55'33" WEST, ALONG SAID WEST LINE, A DISTANCE OF 2648.34 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 31;
THENCE NORTH 00°56'49" WEST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31, A DISTANCE OF 1319.87 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31;
THENCE NORTH 00°30'43" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31,A DISTANCE OF 448.49 FEET;
THENCE NORTH 43°49'27" EAST, A DISTANCE OF 1216.33 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31;
THENCE NORTH 89°37'47" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 450.42 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31;
THENCE NORTH 00°42'52" WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 1317.99 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30;
THENCE NORTH 00°42'56" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 544.21 FEET;
THENCE NORTH 89°41'52" EAST, ALONG A LINE BEING 544.20 FEET NORTHERLY DISTANT, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 1307.30 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30;
THENCE NORTH 00°29'16" WEST, ALONG SAID EAST LINE, A DISTANCE OF 771.09 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30;
THENCE NORTH 00°34'39" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 2634.72 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 30;
THENCE NORTH 89°44'12" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
( SECTION 29, A DISTANCE OF 21.27 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THAT
6
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81 of 113 R 566.00 D 0.00 GRAND COUNTY CLERK
EXHIBIT"B"
Land Subject to Annexation (continued)
PARCEL DESCRIBED UNDER RECEPTION NO. 98003968 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER;
THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID PARCEL THE FOLLOWING TWO (2) COURSES:
L THENCE SOUTH 00°34'43" EAST, A DISTANCE OF 274.97 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL;
2. THENCE NORTH 89°47'13" EAST, A DISTANCE OF 197.45 FEET TO A POINT ON A CURVE ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWENTY-TWO (22) COURSES:
L THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 127°33'14", A RADIUS OF 816.03 FEET, AN ARC LENGTH OF 1816.69 FEET, AND A CHORD THAT BEARS SOUTH 55°53'53" EAST TO A POINT OF spiral CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE LEFT HAVING A COMBINED ARC LENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS NORTH 55°32'08" EAST A DISTANCE OF 201.94 FEET;
THENCE NORTH 52°49'30" EAST, A DISTANCE OF 77.31 FEET TO A POINT OF spiral CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC LENGTH OF 175.92 FEET, THE CHORD OF WHICH BEARS NORTH 55°22'51" EAST A DISTANCE OF 175.79 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 80°35'20", A RADIUS OF 616.78 FEET, AN ARC LENGTH OF 867.53 FEET AND A CHORD THAT BEARS SOUTH 79°22'50" EAST TO A POINT OF spiral CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC LENGTH OF 97.85 FEET, THE CHORD OF WHICH BEARS SOUTH 35°43'11" EAST A DISTANCE OF 97.81 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29;
THENCE SOUTH 00°28'15" EAST, ALONG SAID WEST LINE, A DISTANCE OF 241.71 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29;
THENCE SOUTH 89°54'21" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29, A DISTANCE OF 147.71 FEET;
THENCE SOUTH 31°35'10" EAST, A DISTANCE OF 269.65 FEET TO A POINT OF spiral CURVATURE;
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EXHIBIT"B"
Land Subject to Annexation (continued)
THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE LEFT HAVING A COMBINED ARC LENGTH OF 244.37 FEET, THE CHORD OF WHICH BEARS SOUTH 32°30'31" EAST A DISTANCE OF 244.35 FEETTOAPOINTOF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 23°11'00", A RADIUS OF 2964.93 FEET, AN ARC LENGTH OF 1199.69 FEET AND A CHORD THAT BEARS SOUTH 45°40'40" EAST TO A POINT OF spiral CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE LEFT HAVING A COMBINED ARC LENGTH OF 69.78 FEET, THE CHORD OF WHICH BEARS SOUTH 57°50'51" EAST A DISTANCE OF 69.77 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29;
THENCE SOUTH 00°31'17" EAST, ALONG SAID WEST LINE, A DISTANCE OF 14.78 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29;
THENCE NORTH 89°50'34" EAST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29, A DISTANCE OF 23.94 FEET TO A POINT ON A SPIRAL CURVE;
( 15. THENCE ALONG THE ARCS OF A NON-TANGENT 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE LEFT HAVING A COMBINED ARC LENGTH OF 146.38 FEET, THE CHORD OF
WHICH BEARS SOUTH 59°22'36" EAST A DISTANCE OF 146.37 FEET;
THENCE SOUTH 59°46'10" EAST, A DISTANCE OF 217.82 FEET TO A POINT OF spiral CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC LENGTH OF 175.91 FEET, THE CHORD OF WHICH BEARS SOUTH 57°12'49" EAST A DISTANCE OF 175.79 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 36°53'00", A RADIUS OF 616.78 FEET, AN ARC LENGTH OF 397.04 FEET AND A CHORD THAT BEARS SOUTH 33°49'40" EAST TO A POINT OF spiral CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC LENGTH OF 175.92 FEET, THE CHORD OF WHICH BEARS SOUTH 10°26'31" EAST A DISTANCE OF 175.79 FEET;
THENCE SOUTH 07°53'10" EAST, A DISTANCE OF 102.74 FEET TO A POINT OF spiral CURVATURE;
THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE LEFT HAVING A COMBINED ARC LENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS SOUTH 10°35'48" EAST A DISTANCE OF 201.94 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 19°32'02", A RADIUS OF 816.78 FEET, AN ARC LENGTH OF 278.46 FEET AND A CHORD THAT BEARS SOUTH 25°09'11" EAST TO A POINT ON THE CENTERLINE OF LELAND CREEK;
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EXHIBIT"B"
Land Subject to Annexation
(continued)
THENCE SOUTH 04°29'43" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 9.92 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF OLD KING ROAD, RECORDED IN FILE NO. 0080 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER;
THENCE ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY RIGHT-OF-WAY LINES OF SAID OLD KING ROAD THE FOLLOWING ELEVEN (11) COURSES:
1. THENCE NORTH 61°02'11" WEST, A DISTANCE OF 127.21 FEET;
THENCE NORTH 87°01'11" WEST, A DISTANCE OF 88.64 FEET;
THENCE SOUTH 44°28'49" WEST, A DISTANCE OF 232.36 FEET;
THENCE SOUTH 59°28'49" WEST, A DISTANCE OF 167.84 FEET;
5. THENCE SOUTH 67°54'49" WEST, A DISTANCE OF 211.19 FEET;
THENCE SOUTH 22°05'11" EAST, A DISTANCE OF 60.00 FEET;
THENCE NORTH 67°54'49" EAST, A DISTANCE OF 215.61 FEET;
THENCE NORTH 59°28'49" EAST, A DISTANCE OF 180.16 FEET;
THENCE NORTH 44°28'49" EAST, A DISTANCE OF 213.24 FEET;
THENCE SOUTH 87°01'11" EAST, A DISTANCE OF 47.76 FEET;
THENCE SOUTH 61°02'11" EAST, A DISTANCE OF 115.44 FEET TO A POINT ON A CURVE ON THE SOUTHERLY RIGHT-OF-WAY LINE OF FOREST TRAIL ROAD, AS DEDICATED IN BOOK 222 AT PAGE 248 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES:
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20°27'01", A RADIUS OF 876.78 FEET, AN ARC LENGTH OF 312.95 FEET, AND A CHORD THAT BEARS SOUTH 47°29'39" EAST TO A POINT OF COMPOUND CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 00°04'49", A RADIUS OF 962.17 FEET AND AN ARC LENGTH OF 1.35 FEET TO A POINT ON A CURVE ON THE WESTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN BOOK 308 AT PAGE 657 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER;
THENCE ALONG SAID WESTERLY BOUNDARY AND ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 01°24'17", A RADIUS OF 140.70 FEET, AN ARC LENGTH OF 3.45 FEET, AND A CHORD THAT BEARS SOUTH 11°08'28" WEST TO A POINT ON A CURVE ON THE NORTHERLY BOUNDARY OF LELAND CREEK SUBDIVISION, RECORDED AT RECEPTION NO. 2004- 0123316 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER;
(
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EXHIBIT"B"
Land Subject to Annexation (continued)
THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF SAID LELAND CREEK SUBDNISION THE FOLLOWING FIFTEEN (15) COURSES:
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 18°15'50", A RADIUS OF 880.00 FEET, AN ARC LENGTH OF 280.51 FEET, AND A CHORD THAT BEARS NORTH 48°45'23" WEST TO A POINT OF REVERSE CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10°53'46", A RADIUS OF 190.00 FEET AND AN ARC LENGTH OF 36.13 FEET;
THENCE SOUTH 34°27'50" WEST, A DISTANCE OF 73.50 FEET;
THENCE SOUTH 53°30'56" WEST, A DISTANCE OF 82.14 FEET;
THENCE SOUTH 32°40'38" WEST, A DISTANCE OF 61.16 FEET;
THENCE SOUTH 44°39'10" WEST, A DISTANCE OF 63.95 FEET;
THENCE SOUTH 51°11'35" WEST, A DISTANCE OF 55.49 FEET;
THENCE SOUTH 43°50'24" WEST, A DISTANCE OF 604.08 FEET;
THENCE SOUTH 30°10'40" WEST, A DISTANCE OF 671.02 FEET;
THENCE NORTH 89°48'38" WEST, A DISTANCE OF 92.16 FEET;
THENCE SOUTH 19°14'13" WEST, A DISTANCE OF 80.30 FEET;
THENCE SOUTH 06°02'32" WEST, A DISTANCE OF 394.74 FEET;
THENCE SOUTH 03°36'42" WEST, A DISTANCE OF 437.81 FEET;
THENCE SOUTH 17°18'39" EAST, A DISTANCE OF 157.29 FEET;
THENCE SOUTH 20°07'03" WEST, A DISTANCE OF 274.30 FEET TO THE SOUTHWEST CORNER OF SAID LELAND CREEK SUBDIVISION, SAID POINT ALSO BEING ON THE CENTERLINE OF LELAND CREEK;
THENCE ALONG THE CENTERLINE OF LELAND CREEK THE FOLLOWING ELEVEN (11) COURSES:
THENCE SOUTH 20°07'03" WEST, A DISTANCE OF 226.86 FEET;
THENCE SOUTH 25°22'56" WEST, A DISTANCE OF 432.01 FEET;
THENCE SOUTH 70°17'58" WEST, A DISTANCE OF 525.61 FEET;
THENCE SOUTH 47°49'46" WEST, A DISTANCE OF 390.04 FEET;
THENCE SOUTH 69°00'04" WEST, A DISTANCE OF 953.80 FEET;
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EXHIBIT"B"
Land Subject to Annexation (continued)
THENCE SOUTH 2r44'49" WEST, A DISTANCE OF 424.85 FEET;
THENCE SOUTH 00°32'15" EAST, A DISTANCE OF 503.48 FEET;
THENCE SOUTH 04°06'12" WEST, A DISTANCE OF 260.82 FEET;
THENCE SOUTH 27°57'15" WEST, A DISTANCE OF 390.36 FEET;
THENCE SOUTH 49°32'25" WEST, A DISTANCE OF 1167.38 FEET;
THENCE SOUTH 39°16'24" WEST, A DISTANCE OF 361.62 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31;
THENCE SOUTH 01°27'35" EAST, ALONG SAID EAST LINE, A DISTANCE OF 38.01 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 31;
THENCE SOUTH 89°09'28" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31, A DISTANCE OF 2658.97 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS AN AREA OF 44,347,263 SQUARE FEET OR 1018.07 ACRES, MORE OR LESS.
TOGETHER WITH:
ALL THOSE TRACTS OR PARCELS OF LAND LYING AND BEING IN THE COUNTY OF GRAND AND STATE OF COLORADO AND DDESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER 1/16 CORNER OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., WHENCE THE WEST CENTER 1/16 CORNER BEARS N00°03'00"W A DISTANCE OF 1330.60 FEET MORE OR LESS. THENCE N00°03'00"W A DISTANCE OF
609.17 FEET ALONG THE NORTH AND SOUTH CENTER 1/16 LINE OF THE SW 1/4 OF SECTION 28, TO THE TRUE POINT OF BEGINNING, AND THE WESTERLY R.O.W. OF U.S. HIGHWAY NO. 40. THIS POINT IS A BRASS CAP SET BY THE TOWN OF WINTER PARK. THENCE S18°08'45"E A DISTANCE OF 218.37 FEET ALONG THE WESTERLY R.O.W. LINE OF U.S. HIGHWAY 40. THENCE S74°10'23"W A DISTANCE OF
188.84 FEET. THENCE N15°49'37"W A DISTANCE OF 217.81 FEET. THENCE N74°03'00"E A DISTANCE OF
FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH:
ALL THOSE TRACTS OR PARCELS OF LAND LYING AND BEING IN THE COUNTY OF GRAND AND STATE OF COLORADO AND DDESCRIBED AS FOLLOWS:
LOT 1AND LOT 2,
MEYER SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD ON MAY 26, 2005, AT RECEPTION NO. 2005-005382.
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EXHIBIT"B"
(
Land Subject to Annexation (continued)
TOGETHER WITH:
Any real property lying and being within, or within 1 mile extending from the boundaries of that certain development known as Grand Park, as described in Exhibit "A and this Exhibit "B."
Note to clerk and title examiners:
This Charter is not intended to create an encumbrance on title to the property described in this Exhibit "B." Such title may be encumbered only with the consent of the owner by filing a Supplement in accordance with Chapter 17.
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EXHIBIT"C"
Initial Rules
The purpose of Rules is not to anticipate all acceptable or unacceptable behavior in advance and eliminate all improvements or activities that fall outside of "the norm." In fact, it is expressly intended that the Reviewer under Chapter 5, and the Board, as appropriate, have discretion to approve or disapprove items, or to enforce or not enforce technical violations of the Governing Documents, based upon aesthetic or other considerations consistent with the established guidelines. As such, while something may be approved or permitted for one Unit under one set of circumstances, the same thing may be disapproved for another Unit under a different set of circumstances. The exercise of discretion in approving or enforcement shall not be construed as a waiver of approval or enforcement rights, nor shall it preclude the Board from taking enforcement action in any appropriate circumstances.
The following shall apply to all property subject to this Charter until such time as they are modified pursuant to the Charter.
General. The property subject to this Charter shall be used only for residential, recreational, and related purposes (which may include, without limitation, an information center and/or a sales office for any real estate broker retained by the Founder to assist in the sale of property described in Exhibit "A" or "B," offices for any property manager retained by the Association, or business offices for the Founder or the Association) consistent with this Charter and any Supplement.
Restricted Activities. Unless expressly authorized by, and then subject to such conditions as may be imposed by, the Board, the following activities are prohibited within Grand Park:
Parking of commercial vehicles or equipment, mobile homes, recreational vehicles, golf carts, boats and other watercraft, trailers, stored vehicles, or inoperable vehicles in places other than enclosed garages or other locations screened from view of adjacent property in a manner approved by the Reviewer pursuant to Chapter 5; provided, construction, service and delivery vehicles shall be exempt from this provision during normal business hours for such period of time as is reasonably necessary to provide service or to make a delivery to a Unit or the Common Area and further provided, that an Owner may park his or her vehicle in the driveway or his or her Unit, or in any guest parking area if such Owner's vehicle is required to be available at designated times as a condition of such Owner's employment and such vehicle weighs less than 10,000 pounds, bears an emblem or other visible designation of an emergency service provider, does not obstruct emergency access or interfere with the use of roads by other Owners, and the Owner of such vehicle is a bona fide member or employee of a volunteer fire department or other emergency service provider;
Raising, breeding, or keeping animals except that a reasonable number of dogs, cats, or other usual and common household pets may be permitted in a Unit. However, those pets which are permitted to roam free, or, in the Board's sole discretion, make objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience to the occupants of other Units shall be removed upon the Board's request. If the pet owner fails to honor such request, the Board may remove the pet. Dogs shall be kept on a leash, respond to voice command, or otherwise be confined in a manner acceptable to the Board whenever outside the dwelling. Pets shall be registered, licensed, and inoculated as required by law;
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Any activity that emits foul or obnoxious odors outside the Unit or creates noise or other conditions that tend to disturb the peace or threaten the safety of the occupants of other Units;
Any activity that violates local, state, or federal laws or regulations; however, the Board shall have no obligation to take enforcement action in the event of a violation;
(e) Pursuit of hobbies or other activities that tend to cause an unclean, unhealthy, or untidy condition to exist outside of enclosed structures on the Unit;
(f) Any noxious or offensive activity which in the reasonable determination of the Board tends to cause embarrassment, discomfort, annoyance, or nuisance to persons using the Common Area or to the occupants of other Units;
Outside burning of trash, leaves, debris, or other materials, except during the normal course of constructing a dwelling on a Unit;
Dumping grass clippings, leaves, or other debris, petroleum products, fertilizers, or other potentially hazardous or toxic substances in any drainage ditch, stream, pond, or lake, or elsewhere within the Property, except that fertilizers may be applied to landscaping on Units provided care is taken to minimize runoff, and Founder and Builders may dump and bury rocks and trees removed from a building site on such building site with the written consent of the Reviewer;
(i) Obstruction or rechanneling drainage flows after location and installation of drainage swales, storm sewers, or storm drains, except that Founder and the Association shall have such right; provided, the exercise of such right shall not materially diminish the value of or unreasonably interfere with the use of any Unit without the Owner's consent;
Swimming, boating, use of personal flotation devices, or other active use of lakes, ponds, streams, or other bodies of water within the Community, except that fishing from the shore shall be permitted with appropriate licenses and Founder, its successors, and assigns, shall be permitted and shall have the exclusive right and easement to draw water from lakes, ponds, streams, and ditches within the Community for purposes of irrigation, water augmentation, and such other purposes as Founder shall deem desirable. The Association shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of rivers, lakes, ponds, streams, ditches, or other bodies of water within or adjacent to the Community;
Use of any Unit for operation of a timesharing, fraction-sharing, or similar program whereby the right to exclusive use of the Unit rotates among participants in the program on a fixed or floating time schedule over a period of years, except that Founder or its assigns may operate such a program;
Use or discharge of any radio, loudspeaker, horn, whistle, bell, or other sound device so as to be audible to occupants of other Units, except alarm devices used exclusively for security purposes;
Use and discharge of firecrackers and other fireworks, except on major holidays and special events approved by the Board;
Accumulation of rubbish, trash, or garbage except between regular garbage pick ups, and then
( only in approved containers;
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Discharge of firearms; provided, the Board shall have no obligation to take action to prevent or stop such discharge;
On-site storage of fuel, except that a reasonable amount of fuel may be stored on each Unit for emergency purposes and operation of lawn mowers and similar tools or equipment, and the Association shall be permitted to store fuel for operation of maintenance vehicles, generators, and similar equipment;
Any activities which materially disturb or destroy the vegetation, wildlife, wetlands, or air quality within Grand Park or which use excessive amounts of water or which result in unreasonable levels of sound or light pollution;
Capturing, trapping, or killing of wildlife within the Community, except in circumstances posing an imminent threat to the safety of persons in the Community;
Conversion of any carport or garage to finished space for use as an apartment or other integral part of the living area on any Unit without prior approval pursuant to Chapter 5;
Operation of motorized vehicles on pathways or trails maintained by the Association, except on trials designated for such purposes.
Any modification of any thing, permanently or temporarily, on the outside portions of the Unit, whether such portion is improved or unimproved, except in strict compliance with the provisions of Chapter 5 of the Charter. This shall include, without limitation, basketball hoops, and swing sets and similar sports and play equipment; clotheslines; garbage cans; woodpiles; above-ground swimming pools; docks, piers, and similar structures; hedges, walls, dog runs, animal pens, or fences of any kind; and satellite dishes and antennas, except that:
an antenna designed to receive direct broadcast satellite services, including direct-to home satellite services, that is one meter or less in diameter; or
an antenna designed to receive video programming services via multipoint distribution services, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, that is one meter or less in diameter or diagonal measurement; or
an antenna that is designed to receive television broadcast signals;
(collectively, "Permitted Antennas") shall be permitted on Units, subject to such reasonable requirements as to location and screening as may be set forth in the Design Guidelines, consistent with applicable law, in order to minimize obtrusiveness as viewed from streets and adjacent property. Notwithstanding the above, the Founder and Founder Affiliates shall have the right to place one or more antennae or towers for radio or telecommunications on property they own or lease in Grand Park pursuant to their rights reserved in Section 15.5.
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Prohibited Conditions. The following shall be prohibited at Grand Park:
Plants, animals, devices, or other things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of Grand Park; and
Structures, equipment, or other items on the exterior portions of a Unit which have become rusty, dilapidated, or otherwise fallen into disrepair.
4