HomeMy WebLinkAboutbocc.con.012.2002CONTRACT #o i z -2ooz
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
LAZY GLEN SUBDIVISION
TABLE OF CONTENTS
APPROVED BY
RESOLUTION
#Q-21-2000
ARTICLE I - DEFINITIONS 1
ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION 3
ARTICLE III - ASSOCIATION 3
ARTICLE IV - PROPERTY RIGHTS 6
ARTICLE V - USE RESTRICTIONS 7
ARTICLE VI - DESIGN STANDARDS 13
ARTICLE VII - ENFORCEMENT 16
ARTICLE VIII - SALE OF ASSOCIATION PROPERTY 18
ARTICLE IX - VARIANCES 19
ARTICLE X - IMMUNITIES AND LIABILITIES 20
ARTICLE XI - GENERAL PROVISIONS 20
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Amended Declaration of Protective Covenants for the Lazy Glen Subdivision
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This Declaration made on the of 6day of cervu3e/2,. 2001 by the Lazy Glen Homeowners
Association (a Colorado Non -Profit Corporation), hereinafter sometimes referred to as Declarant, for
the Lazy Glen Subdivision, a planned community.
WITNESSETH
WHEREAS, the Declarant is the owner in fee simple of the following described real property
situated in the County of Pitkin, State of Colorado, to wit:
See Exhibit A attached hereto and incorporated herein by this reference and hereafter referred to as
"the Property":
WHEREAS, the Declarant has entered into Installment Land Contracts for the conveyance of
undivided interests in the Property which includes within each contract the right to occupy a certain
Lot as shown on the map of the Lazy Glen Park held and retained by the Association, as the term is
hereinafter referred in said Property, subject to certain protective covenants, conditions, restrictions,
reservations, liens, and charges as hereinafter set forth; and will convey Lots, as the term is
hereinafter referred in said Property, subject to these amended protective covenants, conditions,
restrictions, reservations, liens, and charges as hereinafter set forth;
Now THEREFORE, Declarant hereby declares that all of the above described property is hereby
made subject to the following amended easements, restrictions, covenants, and conditions, all of
which are for the purpose of enhancing and protecting the merchantability, value, desirability and
attractiveness of the real property. These easements, covenants, restrictions, and conditions shall run
with the real property and shall be binding on all parties having or acquiring any right, title or interest
in the described property or any part thereof, and shall inure to the benefit of each member thereof.
This Amended Declaration shall be construed in a manner consistent with the laws of the State of
Colorado, including C.R.S. 38-33.3-101, et. seq.
ARTICLE I
DEFINITIONS
Section 1. "ASSOCIATION" shall mean and refer to the Lazy Glen Homeowners Association, Inc.
(LGHA), a non-profit Colorado Corporation, its successors and assigns.
Section 2. "PROPERTY" shall mean and refer to that certain real property known and platted as
Lazy Glen Subdivision and such additions thereto as may hereafter be brought within the jurisdiction
of the Association, said property being located at 25525 Highway 82, Snowmass Colorado, Pitkin
County, as described in Exhibit A hereto.
Section 3. "LOT" shall mean and refer to a platted lot within the Property which may be conveyed to
an "Owner" upon which there has been constructed or will be constructed a mobile home, modular
home, prefabricated home, or standard construction home which a Member has the right to occupy
t
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pursuant to an Installment Land Contract or deed, upon which there has been constructed or will be
constructed a home approved by the LGHA Board of Directors ("Board") and mandated by the Pitkin
County Building Department and the Pitkin County Community Development Department.
Section 4. "COMMON AREA" shall mean those portions of the real property owned by the
Association and designated on the plat of Lazy Glen Subdivision, to which Members of the
Association have a common right to use., and shall include all areas shown on the recorded plat of
the Property not subject to an Installment Land Contract and not conveyed to an owner as part of a
Lot.
Section 5. "MEMBER" shall mean and refer to every person or entity who holds Membership in the
Association as defined in the By -Laws, whether by Installment Land Contract or by deed.
"OWNER" shall mean and refer to the record owner, whether of one or more persons or entities, of
the fee simple title to any Lot which is a part of the Property.
Section 6. 'DECLARATION" shall mean and refer to the within document, together with those
exhibits which are attached hereto and made a part hereof and shall include such amendments, if
any, as may be adopted from time to time pursuant to the terms hereof.
Section 7(a). "INSTITUTIONAL FIRST MORTGAGEE" means a bank, or savings and loan
association, or any insurance company, or pension fund, or real estate trust, or any other party which
is engaged in the business of mortgage financing, which owns or holds a first and prior mortgage
encumbering a Lot, and shall include any corporate subsidiary of such entity.
Section 7(b). The term "INSTITUTIONAL FIRST MORTGAGE" means a mortgage executed in
favor of, or otherwise held by a bank, or a savings and loan association, or any insurance company,
or a pension fund or a real estate trust, or any other party engaged in the business of mortgage
financing, which is a first and prior mortgage encumbering a Lot.
Section 8. "ARTICLES OF INCORPORATION" shall mean and refer to the Articles of
Incorporation for the Association and shall include such amendments, if any, as maybe adopted from
time to time pursuant to the terms thereof.
Section 9. "BY-LAWS" shall mean and refer to the By -Laws of the Association, and shall include
such amendments, if any, as may be adopted from time to time pursuant to the terms thereof.
Section 10. PETS shall mean dogs, cats, birds, hamsters, and snakes only, and shall not include farm
animals except as may be otherwise approved by the Board upon the request of a Member.
Section 11. "PLAT" shall mean and refer to the Plat of Lazy Glen Subdivision as recorded in the
records of Pitkin County, Colorado.
Section 12. "PROPERTY MANAGER" shall be the individual or entity hired by the Board of the
Association to administer the Property as the agent of the Board.
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Section 13. "OFFICE MANAGER" shall be the individual or entity hired by the Board of the
Association to administer the office duties of the Association as the agent of the Board.
Section 14. "OWNER" shall mean the purchaser of a Lot who must meet the requirements for
Membership contained in Article III below and the definition of Qualified Buyer as contained in the
Master Deed Restriction, Occupancy and Resale Agreement for Lazy Glen Subdivision recorded
simultaneously herewith.
Section 15. "INSTALLMENT LAND CONTRACT" shall mean an Installment Land Contract for
the purchase and sale of a Lot in the Lazy Glen Subdivision entered into between the Association and
individual members of the Association, whether entered into prior to the recordation of these
Covenants or otherwise.
Section 16. "BOARD" shall mean the Board of Directors of the Lazy Glen Homeowners'
Association, Declarant herein.
Section 17. "MASTER DEED RESTRICTION, OCCUPANCY AND RESALE AGREEMENT "
for Lazy Glen Subdivision shall mean the document so -named and recorded simultaneously with this
Declaration.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
This Property shall be held, transferred, sold, conveyed, and occupied subject to the terms of this
Declaration, and any lawful amendments hereto.
ARTICLE III
ASSOCIATION
Section 1. MEMBERSHIP. Criteria and qualifications for Membership in the Association shall be
as set forth in the Articles of Incorporation and the By -Laws of the Association, which are
incorporated herein by this reference and any amendments duly adopted thereto. Every person or
entity who holds an Installment Land Contract or who is a record owner of a fee or undivided fee
interest in any Lot, shall be a Member of the Association. This shall not include persons or entities
who hold an interest merely as security for the performance of an obligation. No Owner shall have
more than one membership. Membership shall be appurtenant to a Lot and may not be separated
from ownership of any Lot which is subject to assessment by the Association. Ownership of such
Lot shall be the sole qualification for membership. There shall be one vote for each Lot.
Section 2. PURPOSES OF THE ASSOCIATION.
(a) The purposes of the Association are as set forth in the Articles of Incorporation and the By -
Laws of the Association, which are incorporated herein by this reference and any amendments duly
adopted thereto.
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(b) The Association has been created to further the interests of the property owners within the
Property, to assume the responsibility for the architectural control within the Property, and to
regulate, manage and maintain lands within the Property, and to own certain lands within the
Property, all in accordance with this document. The Owners shall be required to pay assessments
levied by the Association for the costs of performing its functions hereunder, which assessments
shall be prorated as determined by the Board of Directors of the Association. Each Owner of any
Lot, by the acceptance of a deed therefor, and each Vendee under any Installment Land Contract
whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant,
which covenant shall run with the land and be binding on every Owner, and agree to the Association:
(1) annual assessments or charges, and (2) special assessments for capital improvements or charges
relating solely to any Lot leased in accordance with the terms hereof, and (3) annual assessments or
charges to effect payment of property taxes which may be assessed against the personal property
which may in the future be located on, or contained in, the Property; and such assessments shall be
fixed, established and collected from time to time as hereinafter provided.
Section 3. PAYMENT OF ASSESSMENTS. Each Member is obligated to pay to the Association
monthly and special assessments which are secured by a continuing lien upon the Lot against which
the assessment is made. All assessment payments are due on the first day of the month. Any request
for any extension must be brought before the Board of the Association at least ten (10) days prior to
the day payment is due. No extensions may be granted if the same would adversely affect the
financial status of the Association, as determined by the Board.
Section 4. EFFECT OF NON-PAYMENT OF ASSESSMENTS.
(a) If assessment payments are not received by the fifth day of the month they are considered to
be delinquent. If the delinquent assessment is not paid within five (5) days after the first day of the
month, the assessment amount due shall bear interest from the due date at a rate of 25 percent (25%)
per annum from the date when such amount shall have become due to the date of payment thereof.
The Association shall be empowered to institute all appropriate proceedings necessary to collect the
delinquent amount, as provided in the Installment Land Contract, the By -Laws, and Colorado law.
All interest, costs, and reasonable attorneys' fees of any such action shall be added to the amount of
such assessment amount due. No Member will be exempt from liability for the assessments
provided for herein by non-use of the Common Area or abandonment of a Lot, entering into a sales
contract, leasing a home or lot, or selling home.
(b) If a Member fails, after demand, to pay any assessment levied by the Association, then the
Association shall have a lien, from and after the time of notice of such failure to pay is recorded in
the office of the Clerk and Recorder of Pitkin County, Colorado, against the parcel of such owner or
Owners for the amount due and unpaid, plus interest from the due date for payment at the rate of
twenty-five percent (25%) per annum, plus all costs and expenses of collecting any unpaid
assessments, including reasonable attorneys' fees. This lien may be foreclosed in the manner
provided for foreclosures of deeds of trust and mortgages in accordance with the laws of the State of
Colorado. Each such assessment, together with such interest, costs, and reasonable attorneys' fees
for its collection, including at the appellate level, shall also be the personal obligation of the person
or entity who is the Member at the time when the assessment falls due, his successors, and assigns.
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Section 5. USE OF ASSESSMENTS. It shall be the duty of the Board:
(a) To cause to be kept a complete record of all its acts and corporate affairs and cause an annual
independent examination of the Association's accounts to be made and to cause a copy of such report
to be available to the Membership within thirty (30) days of completion.
(b) To supervise all officers, agents and employees of the Association and to see that their duties
are properly performed.
(c)
As more fully provided in the Declaration, to:
I) fix the amount of the monthly assessment against each Lot at least thirty (30)
days in advance of each monthly assessment period, in the event of any change in the
monthly assessment;
2) send written notice, in the event of any change in the monthly assessment, to
each Member at least thirty (30) days in advance of each monthly assessment period;
and
3) foreclose the lien against any Lot for which assessments are not paid by the
due date, or to bring action at law against the Member personally obligated to pay the
same, as specified in the Installment Land Contract or Colorado law.
(d) To contract and pay premiums for fire, casualty, liability and other insurance, including
indemnity and other bonds.
(e) To cause all officers or employees having fiscal responsibilities to be bonded, as it may deem
appropriate.
(f) To cause the Common Area and all property of the Association to be maintained and
managed, as provided under the Articles of Incorporation, Declaration, and By -Laws in effect.
(g) To perform all other duties as may be required of the Board by the Declaration, the Articles
of Incorporation, the By -Laws or the laws of the State of Colorado.
(h) The assessments to be levied by the Association shall be used exclusively for the purpose of
promoting the recreation, health, safety, and welfare of the residents of the property and shall
specifically include but not be limited to: payment for the improvement and maintenance of the
Common Area and Property, services and facilities related to the use and enjoyment of the Common
Area and Property, the maintenance of all infrastructure of the Property, and costs associated with the
operation of the Association Office and its employees. The lien of the assessments provided for
herein shall be superior to all other liens save and except tax liens and the liens of any bona fide
institutional first mortgagee, provided however that said mortgage liens are first liens against the
property encumbered thereby, subject only to tax liens.
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Section 6. RIGHT OF FIRST REFUSAL.
(a) All Members have granted a right of first refusal to the Association pursuant to the terms of
the Installment Land Contract. That right of first refusal is incorporated herein by this reference. All
deeds to lots shall incorporate this right of first refusal.
(b) The Association, upon the proposed sale of any Lot, shall have the right to purchase the Lot
upon the same terms and conditions as the conditions of any proposed sale of such Lot. The Member
agrees to give the Association notice of the terms and conditions of the proposed sale at least sixty
(60) days in advance of any proposed sale. Within thirty (30) days from the date of delivery of the
terms and conditions of any such assignment to the Association, the Association agrees to give the
Member notice of its exercise of its right of first refusal to purchase the Lot upon the terms and
conditions contained in any offer which the Member desires to accept, and which it has received
notice of. In the event that the Association does not exercise its right of first refusal, the Member
shall be free to close upon the sale pursuant to the terms of the offer as given to the Association.
Should the Member not close upon the sale pursuant to the terms of such offer, then upon any other
proposed sale, the Association shall have the right of first refusal as specified herein. In the event the
Board of Directors of the Association does not have sufficient funds on hand for any purchase, it may
either borrow such funds or it may assess the Owners therefor, as otherwise provided in the Convents
and the By-laws. Any sale, voluntary transfer or conveyance for which authorization has not been
obtained pursuant to the terms hereof is voidable and may be voided by a certificate of the Board of
Directors of the Association, duly recorded in the office of the Clerk and Recorder of Pitkin County,
Colorado.
ARTICLE IV
PROPERTY RIGHTS
Section 1. EASEMENTS RESERVED.
(a) All easements of record and all easements contained on the Plat of the Property are hereby
reserved unto the Association, its successors and assigns. In addition, there is hereby reserved to the
Association, its successors and assigns, easements for ingress and egress and for the installation and
maintenance of all utilities and drainage facilities, and for the establishment of access easements to
the Common areas, over and on each Lot within the Property. Furthermore, the Association shall
have the right of access to each Lot to inspect the same, to remove or abate violations of law, order,
rules, or regulations of any governmental authority having jurisdiction thereof.
(b)(1) The Association and its agents shall be permitted to visit and examine any Lot, and any
storage space assigned to any Member at any reasonable hour of the day, and workmen may enter at
any time, when authorized by the Association or by the Association's managing agent, to make or
facilitate repairs in any part of the Property. If the Owner shall not be personally present to permit
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entry into the Lot at any tie when an entry shall be necessary or permissible hereunder, the
Association or its agent may forcibly enter the Lot or improvements thereon without rendering the
Association liable to any claim or cause of action for damages by reason thereof(ifduring such entry
the Association shall accord reasonable care to the property) and without in any manner affecting the
obligations and covenants hereof; and the right and authority hereby reserved does not impose nor
does the Association assume by reason thereof, any responsibility or liability whatever for the care or
supervision of the Lot or improvement located thereon, or any of the pipes, fixtures, appliances or
appurtenances therein contained or therewith in any manner connected, except as may herein be
specifically provided.
(b)(2) Owners shall have the non-exclusive right to the use of all private road easements shown on
the Plat to the extent necessary for purposes of ingress and egress to their respective Lots and
Common Areas, such use to be subject to the provisions of these Covenants and such reasonable
rules and regulations regarding the use thereof that may be adopted from time to time by the
Association.
Section 2. MEMBERS' EASEMENTS OF ENJOYMENT. Every Member shall have a right and
easement of enjoyment in and to the Common Area and such easements shall be appurtenant to and
shall pass with the right to occupy a Lot pursuant to a deed or an Installment Land Contract, subject
to the following provisions:
(a) The right of the Association, in accordance with its Articles of Incorporation and By -Laws, to
borrow money for the purpose of improving the Common Area, and in aid thereof to mortgage said
Common Area and the rights of such mortgagee in said Common Area shall be subordinate to the
rights of the Owners Members hereunder;
(b) The right of the Association to dedicate or transfer all or any part of the Common Area to any
public agency, authority, or utility for such purposes and subject to conditions as may be agreed to by
the Members;
(c) The right of the Association to establish, from time to time, certain easements over the
Common Area for utilities and common service purposes;
(d) Existing easements and agreements of record.
ARTICLE V
USE RESTRICTIONS
Section 1. RESIDENTIAL USE. No Member shall, without the written consent of the Board of the
Association, occupy or use any Lot or permit the same or any part thereof to be occupied or used for
any purpose other than for the location of a qualified mobile, modular, prefabricated, or standard
construction home as approved by the Board, for single-family residential purposes as may be
permitted by these Protective Covenants. No change in use is permitted without the approval of the
Board of County Commissioners of Pitkin County. No home or improvements upon any Lot shall be
occupied by anyone other than the Member thereof, the Member's spouse or companion, the
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Member's children, or the Member's roommate, except as provided in Section 2, below. The number
of occupants in any home shall be restricted to two individuals per bedroom. Occupants other than
the Members or the Members' legal dependents shall be identified in writing by the Member to the
Board. No lot or other portion of the property may be re -subdivided without the approval of the
Board of County Commissioners of Pitkin County.
Section 2. LEASE OF LOT AND IMPROVEMENTS THEREON.
(a) A Member shall not lease the whole or any part of the Lot, or the improvements thereon, to
any person or persons. However, if the home has been appraised and is actively listed for sale, it
may be leased for a maximum period of six months upon written approval of the Board. Non -
approved tenants will be evicted by the Board.
(b) A prospective tenant and the Member proposing such tenant must meet with the Board for
approval, at which time, both prospective renter and the sponsoring Member will sign documentation
acknowledging their responsibilities. In addition, the sponsoring Member will present to the Board a
signed, valid lease between the Member and the proposed tenant, along with a $150.00 security
deposit.
(c) Each approved lease shall require compliance with these Covenants. The approval of the
Board shall not relieve the Owner from his or her responsibilities as an Owner in accordance with
these Covenants. Violation of any of these Covenants shall be grounds for termination of the
approval for the Owner to lease a lot is the discretion of the Board. The Board shall have the right to
evict the Tenant if the Member does not do so upon denial of the Board.
(d) If a leased Lot has not sold within six months, the Member must meet with the Board at least
30 days prior to the expiration of the six months to apply for an extension of the lease approval. Any
such extension approval will be solely at the discretion of the Board.
(e) No tenant may bring any pet onto a leased lot in Lazy Glen Subdivision.
Section 3. COMMERCIAL USE. No store, institution or place for the care or treatment of the sick
or disabled, mentally or physically, shall be placed or permitted to remain on any Lot. No business
of any kind or character whatsoever shall be conducted in or from any Lot if said business shall
generate offensive noise, excessive traffic, require more parking space than available at said Lot, or
shall otherwise become a serious nuisance within the Property, as determined by the Board.
Section 4. PETS. Each member may have pets as defined herein. Pitkin County Animal Control
Regulations are incorporated herein by reference and are applicable to all Members. Dogs shall be
kept or restricted in a fenced yard or shall be restrained by a leash at all times, and shall not be
permitted to run free within the Property. The Board may require the removal of any pet that
constitutes a nuisance.
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Section 5. OIL, GAS, MINERAL DEVELOPMENT. No mining, quarrying, tunneling, excavation
or drilling from any substance within the earth, including oil, gas, minerals, travel, sand, rock, and
earth, shall ever be permitted on any Lot.
Section 6. SIGNS. No sign and no advertising device of any nature shall be placed upon any Lot
except for the following:
(a) a sign owned by, and placed by, a realtor/realty company, indicating the Lot and home are for
sale;
(b) a name and address sign, the design and location of which shall be approved by the Property
Manager. Address numbers shall be placed on garages or fences and shall be visible from the road.
(c) a sign placed by the Member, indicating the Lot and home are for sale, design and placement
of which shall be approved by the Property Manager.
Section 7. PARKING AND MOTOR VEHICLES.
(a) Each Member shall be required to park on his Lot all vehicles owned by himself, his
occupants and his visitors. No Member shall keep any unlicensed motor vehicles within the
Property, unless concealed behind Member's fence. There shall be no substantial car repairs
performed within the Property, except those authorized by the Property Manager, which consent
shall not be unreasonably withheld or delayed.
(b) In the event of violation hereof, the Board through the Property Manager, or otherwise shall
notify the offending Member to remedy the violation within three (3) days of delivery of the warning.
Thereafter, in addition to the remedies available by law, Board or its agents may enter upon said Lot
and have the vehicle towed and stored, all at the offending Member's expense. Such actions may be
taken without liability on the part of the Board or its authorized agents.
(c) On street parking is prohibited. In the event any vehicle, trailer, or obstruction shall be
parked or located on the roadways within the Property and judged by the Property Manager or the
Board to constitute a hazard or obstruction, such vehicle, trailer, or obstruction may be immediately
removed at the direction of the Property Manager without notice to the Member by whose Lot the
obstruction or hazard exists, and without notice to the owner of the obstruction or hazard. All costs
of removal and storage shall be the responsibility of the owner of the removed item. No liability
shall attach to the to the Board or its authorized agents for actions taken.
(d) Use of snowmobiles, ATV's, and off -road motorcycles within the Property is prohibited. No
excessive use of the interior roadways within the Property shall be allowed by any vehicle.
Section 8. SPEED LIMITS. Speed limits as posted within the Property, and stop signs must be
complied with by all drivers of vehicles within the Property. Offending drivers' vehicle license plate
numbers and details of the vehicular offense may be reported to Pitkin County Sheriff Department by
any Member witnessing the offense.
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Section 9. UTILITY CONNECTIONS.
(a) Each Member must arrange for his own gas, electrical, telephone and cable television
connections with the appropriate utility company. All other charges for water, sewer, rubbish and
snow removal will be paid through such monthly assessment as are levied by the Association. No
Member shall, without first obtaining the written consent of the Association (which consent shall not
be unreasonably withheld or delayed) or without strictly complying with any applicable rules of the
Association, make any alteration of water, gas, electrical conduits, wiring or outlets or plumbing
fixtures, nor shall any Member or his home impose an excessive load on such pipes, electrical
conduits, wiring or outlets or plumbing fixtures, or on existing sewer lines and water, gas or
electrical supplies. For the purpose of protecting any cables, pipes or underground lines, digging of
any nature shall be permitted only with the express permission of the Board or the Property Manager
and after a locate has been performed by the appropriate utility companies. Each Member shall be
liable for the costs of such locates performed within the Member's Lot lines. Each Member shall be
responsible for the costs of maintenance of utility lines and for the costs of repair of damage to utility
lines which are within the Member's lot.
(b) The Association shall have no liability whatsoever to the Owner Member, or to any third
party, resulting from any damage or injury of any nature whatsoever in connection with any digging
within a Member's Lot, and the Member does indemnify, save and hold harmless the Association the
Board and their agents from and on account of any such liabilities or expenses related thereto,
including legal and attorneys' fees and court costs.
Section 10. ROAD DAMAGE. Each Member is responsible for any damage caused to public or
private roads during the construction of improvements upon his Lot by any vehicle belonging to
either himself or anyone using the roads within the Property while engaged in any activity benefiting
the Member, and will cause such damage to be repaired at his own cost to the satisfaction of the
Association. Lugged vehicles are not permitted on the roads within the Property. Furthermore, each
Member shall also be responsible for any damage caused by utility cuts made for the benefit of his
Lot, and will cause such damage to be repaired at his own cost to the satisfaction of the Association.
Section 11. ILLEGAL, OFFENSIVE OR OBNOXIOUS ACTIVITY. No obnoxious or offensive
activity nor any unsightly object, as defined by the Board and the Property Manager, shall be carried
on, erected or maintained upon any Lot, nor shall anything be done or placed thereon which is or
may become a nuisance or cause an embarrassment, disturbance or annoyance to others or which
may endanger the health of any resident of or visitor to the Property. In addition to the enforcement
remedies provided for in these Covenants, any activity in violation of local, State, or Federal laws
taking place within the Property will be reported to the appropriate law enforcement facility, and the
perpetrator, if a Member of the Association, may required to appear before the Board to discuss such
violation with the Board. Sound generation of any type by any means is prohibited where it is of
such magnitude as to disturb the quiet enjoyment of any of the residents of the Property.
Section 12. HAZARDOUS ACTIVITIES. No hazardous activities shall be conducted on, and no
improvements shall be constructed on any Lot, which is or might become unsafe or hazardous to any
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person or property. Without limiting the generality of the foregoing, no open fires shall be lighted or
permitted on any Lot or on Common Area, except in a contained barbecue unit while attended and in
use for cooking purposes, or within a safe, well -designed interior or exterior fireplace. No firearms
and no fireworks or related fuse -lit devices are permitted to be discharged or used within the
Property.
Section 13. BELOW -GRADE CONSTRUCTION. Any below -grade construction on any Lot is
strictly prohibited.
Section 14. RADIO and TELEVISION ANTENNAS, SATELLITE DISHES. No exposed or
exterior radio or television transmission or receiving device shall be erected, placed or maintained on
any Lot, unless the site and location thereof has been approved by the Board of Directors.
Section 15. TIE -DOWN, SKIRTING. Each mobile home on any Lot shall be securely anchored in
accordance with the requirements of Pitkin County. All open areas situated between the ground and
the floor of the mobile home on any Lot shall be completely skirted and enclosed within thirty days
after said home has been constructed or installed.
Section 16. FIRE EXTINGUISHERS, SMOKE ALARMS. Each home within the Property shall be
equipped with a fully operable fire extinguisher and smoke alarm.
Section 17. MAINTENANCE OF DRAINAGE. There shall be no interference with the established
drainage pattem within the Property, except as is approved by the Board. Approval shall not be
granted unless provision is made for adequate alternate drainage. The "established drainage pattern"
shall mean the drainage pattern which exists at the time the overall grading of the Property is
completed and shall include any established drainage pattern shown on any plans approved by the
Board.
Section 18. LANDSCAPING AND IRRIGATION. The surface of any Lot or any part thereof shall
not be re -graded without the prior approval of the Board. All Lots shall be attractively landscaped
and maintained, as defined by the Board or its agents. Each Member shall be responsible for the
removal or trimming of grass or weeds within and surrounding his Lot. Lawn irrigation regulations
shall be set by the Board, which standards may be altered at the discretion of the Board, and failure
by a Member to adhere to said standards can result in monetary fines as set by the Board.
Section 19. MAINTENANCE OF LOT AREA AND HOME. Each Lot and all parts of the Property
adjacent to each lot shall be maintained by each Member and kept clean of visible stored items. No
Lot shall be used in whole or in part for storage of any property or thing that will cause such Lot to
appear in an unclean or untidy condition, or that will be obnoxious to the eye. Nor shall any
substance, thing or material be kept on any Lot that will emit foul or obnoxious odors, or that will
cause any noise that will or might disturb the peace, quiet or comfort of the occupants of the
surrounding Lots. No bulk materials, scrap, refuse or trash shall be kept, stored or allowed to
accumulate in public view of any Lot except building materials during the course of construction and
only for such reasonable periods of time as is necessary prior to the collection of or disposal thereof.
Member is responsible for attractive, clean appearance of his home, skirting and fencing.
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Section 20. FENCES. Fences are permitted to be installed by Members, providing the final design
and material has been submitted to the Board for approval, and meets Pitkin County standards.
Permitted fencing material is limited to dog-eared cedar or chain link.
Section 21. DAMAGE TO HOME AND/OR IMPROVEMENTS. Any home and/or improvements
that have been substantially damaged by any casualty shall, within thirty (30) days thereof, be moved
in its entirety or restored in accordance with the specifications of the Board. The same conditions
shall apply to the restoration of any other improvements on any Lot. Any structural changes to the
home or the improvement shall be approved in writing by the Board in accordance with the
procedures as defined herein (which consent shall not be unreasonably withheld or delayed).
However, before any building or replacement can be made, approval is required from the Pitkin
County Building Department and the Homeowners' Association Board.
Section 22. INSPECTION OF WORK. The Board or its agents shall have the right to inspect any
structure of improvement prior to or after completion.
Section 23. COMPLIANCE WITH LAWS. Each Member shall comply with all ordinances, laws,
rules, regulations, and requirements with all governmental authorities applicable to the use and
occupancy of any Lot within the Property.
Section 24. ZONING AND LAND USE APPROVAL. (a) No lot within the property shall be used
or occupied in any manner which is in violation of the applicable zoning, land use, and building
regulations of Pitkin County, Colorado. (b) no lot shall be used or occupied in any manner which is
in violation of the terms and conditions of the approval for re -zoning subdivision of the property by
Pitkin County, as reflected in Resolution Numbers 96-153, 98-39, 98-168, and 21-2000 of the Board
of County Commissioners of Pitkin County, Colorado.
Section 25. MASTER DEED RESTRICTION. (a) No lot within the Property shall be used,
occupied, or sold in any manner which is in violation of the Master Deed Restriction, Occupancy and
Re -sale Agreement for Lazy Glen Subdivision, recorded a Reception Number Wt/3 6 , between
the Lazy Glen Homeowners' Association and the Aspen/Pitkin County Housing Authority, which
was entered into between the parties as a condition of subdivision approval for the Property. All
Members are required to execute a Memorandum of Acceptance of such Master Deed Restriction at
the time of purchase of any lot, and no lot may be sold at any time except in compliance with the
Master Deed Restriction. (b) The Master Deed Restriction becomes applicable to each upon the
initial sale of each lot by the Association. Lots under Installment Land Contracts are not subject to
the Master Deed Restriction, until a deed is issued, but deeds may not be approved and executed by
the Board except in compliance with the Master Deed Restriction. In the event of a conflict between
the Master Deed Restriction, and the subdivision approvals of Pitkin County, the more restrictive
shall apply.
Section 26. NON-COMPLIANCE. If, as a result of the inspections or otherwise, the Board or its
agents finds that any improvement has been done without obtaining approval of the Board, or was
not done in substantial compliance with the description and materials given by the applicant to the
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Board, or was not completed within six (6) months after the date of approval, or that these rules and
regulations were not complied with in any other manner, the Board shall notify the Member in
writing of the non-compliance, which shall specify the particulars of non-compliance and shall
require the Member to take such actions required by the Board to remedy the non-compliance. If
corrective steps are not taken to remedy the non-compliance by the time specified in the notification,
the Board may post notice of non-compliance against the Lot on which the non-compliance exists,
may remove the non -complying improvement from the Lot, or may otherwise remedy the non-
compliance, and the Owner shall reimburse the Association, upon demand, for all expenses incurred
therewith. If such expenses are not promptly repaid by the Owner to the Association, the Board may
exercise all of its legal rights and remedies in order to collect such monies.
Section 27. FINAL AUTHORITY. In the event that any of the provisions of these rules and
regulations conflict with the Land Use Code applicable in Pitkin County, as applied to the Property,
the more restrictive of the two shall govern and control the decision of the Board. All building and
development applications must receive written authorization from the Board and thereafter be
presented to Pitkin County Community Development Department for final approval.
Section 28. WATER SUPPLY SYSTEMS. Any upgrades of the water supply, water distribution,
and wastewater systems on the property that maybe required pursuant to Federal or State law are the
responsibility of the Association and its Members.
Section 29. EROSION CONTROL. The erosion control measures identified in the Schmueser,
Gordon, Meyer report submitted with the Detailed Submission Application and dated December 29,
1997, attached hereto as Exhibit B, are to be implemented during all construction and earthmoving
activity on the Property including individual lots, to limit sedimentation to the wetland areas.
Section 30. EMERGENCY ACCESS. Landscaping and parking are prohibited in emergency access
area on the Property.
Section 31. STREET ADDRESSES. Street address numbers are required on all homes.
Corresponding address numbers should be placed on garages and fences. Addresses must coincide
with the Pitkin County 911 system.
Section 32. FLAMMABLE LIQUIDS. Not more than five (5) gallons of gasoline and not more than
two (2) portable propane tanks may be located on any lot.
ARTICLE VI
DESIGN STANDARDS
Section 1. DESIGN STANDARDS .
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(a) Design Standards for construction or improvements on lots may be established in guideline
approved by the Board and shall be applicable to all homes within the Property, to include such
changes as may be adopted by the Board from time to time pursuant to the terms hereof.
(b) For the purpose of ensuring that the Property is developed and improved as an area of high
architectural standards, construction and maintenance, the Board reserves the power to define and
from time to time change design standards for buildings, structures, maintenance, other
improvements, and all construction done or placed on each Lot. No structure shall be placed upon or
permitted to remain upon any Lot, or altered in any way which will change its exterior structural or
aesthetic appearance without the prior approval in writing of the Board or its assigns. Such written
permission in the form of a LGHA Building Permit will be posted in a publicly visible location on
the Lot having received such approval.
(c) "Structure" as used herein shall mean any tangible thing above or below the source of the
ground which may affect the appearance of the property or the health or safety of any person
including, by way of illustration not by way of limitation, any building, car port, porch, shed, deck,
patio, fence, wall, sign, barbecue pit, tank, excavation, pipe, pole, wire, cable or other landscaping
features.
Section 2. PERMITTED HOMES.
(a) Each home shall be located on a Lot in accordance with the rules, regulations and desires of
the Board. No home shall be placed on any Lot until such home has met all size, age, appearance
and condition standards as stated in writing, and from time to time adjusted, by the Board. Plans and
specifications must be provided to the Board, showing at least the following: a) the location of all
existing and proposed structures on the Lot; b) all Lot lines; and c) all materials and colors to be used
which shall be shown by means of samples of these materials and colors. All plans and
specifications shall be submitted in duplicate. Any structure shall be deemed and considered
disapproved unless approval is expressly given and is evidenced in writing executed by the Board.
(b) The Board may condition any approval for any new structure upon correction of all existing
non -conformities with these Covenants, and with the provisions of Pitkin County Building Codes.
All construction shall be completed within six (6) months from the start thereof, provided that the
Board may extend such time when, in its opinion, conditions warrant such extension.
(c) Upon the demand of the Board, a photograph of any proposed home shall be furnished for
approval. Any person moving a home into the Property shall be fully responsible for any damages to
the Property, or to any property, or for any personal injury occurring as a result of the movement of
the home, its appurtenances or other improvements onto, in or out of the Property. No reasonable
consent shall be denied, nor shall be unreasonably withheld or delayed on the part of the Board.
Section 3. DESIGN CRITERIA.
(a) The following requirements apply to all lots:
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(1) The maximum FAR for each individual lot shall be .35 of the gross area of the lot, but in
no event shall total allowable FAR be less than 728 square feet and in no case exceed
2,200 square feet.
(2) Carport up to 300 square feet in size are exempt from floor area. Any area in excess of
300 square feet will be included in floor area calculations. Garages are prohibited.
(3) Single family residences shall be allowed one private storage shed which shall not exceed
160 square feet and which shall be included in the total allowable floor area. Additional
accessory structures shall be prohibited except for decks.
(4) The 5' x 20' common sheds are exempt from floor area calculations.
(b) Building height shall be measured pursuant to Pitkin County Land Use Code=s
definition of building height in effect at the time of building permit issuance.
(1) The maximum building height for principal structures shall be 14 feet to the top of eaves
for flat roofs and 18 feet to the mid -point for peaked roofs.
(2) The maximum allowable height for accessory structures shall be 10 feet to the top of
eaves for flat roofs and 10 feet to roof mid -point for peaked roofs.
(c) Basements are prohibited. Crawl spaces shall be limited to a maximum depth of four feet
below existing grade.
(d) Minimum Setback Requirements. All structures on lots shall meet the setback or separation
requirements of uniform building codes, fire codes, or other applicable code requirements.
(e)
Replacement homes must meet the following criteria:
1) No mobile homes over ten (10) years old shall be permitted on the property as
replacement homes except upon prior written approval of the Board.
2) Replacement homes shall be not less than 728 square feet in size.
3) Electrical service must be 100 amp.
4) Water line service must include a curb box for individual shut-off.
5) Concrete pads or foundations must have footings; 4' frost wall or grade beams
will be permitted.
6) Must have two exit doors with steps, in compliance with County building
codes.
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7) Minimum of one of each fire extinguisher and smoke detector required for
each home.
8) Existing sewer line must be fitted with a check -valve between ground and the
home.
(f) Storage structures may not exceed 160 square feet (i.e. 10' x 16') in size and may not exceed
10 feet in height, whether the roof is flat or peaked. The setback requirement is 10 feet rear and side.
They must be located at the rear of the home, or they may be attached to the home provided the
common wall is a firewall.
ARTICLE VII
ENFORCEMENT
It is the obligation of each member to comply with these Covenants, the Master Deed Restriction
and, where applicable, each Member's Installment Land Contract.
Section 1. ASSOCIATION'S RIGHT TO PERFORM MEMBER'S OBLIGATIONS AT
MEMBER'S EXPENSE.
(a) If the Member shall fail to make any repairs as herein required, or shall fail to comply with
any other Covenant or condition hereof on his part to be performed, the Association and its assigns
may, without notice in the case of emergency or otherwise after ten (10) days notice to the Member
(or if the Member shall expressly request the Association or its agents to perform any act not hereby
required to be performed by the Association, the Association may, upon such request) enter the Lot
and improvements therein, and make such repairs, comply with such Covenant or condition or
arrange for others to do the same, without liability to the Association. In such event, the Association,
its agents, servants and contractors shall, as between the Association and Member, be conclusively
deemed to be acting as agents of the Member and all contracts therefore made by the Association
shall be so construed whether or not made in the name of the Member.
(b) Any amounts expended by the Association shall be due and payable upon the next assessment
payment to be made after submission of a statement for such charges from the Association to the
Member. Any such amount not paid by the fifth of the month for which the statement was issued
shall be considered delinquent and shall bear interest at the rate of twenty-five percent (25%) per
annum. In addition, the Member agrees to indemnify the Association against, and to hold the
Association harmless from, all liability, loss, damage, and expense arising from injury to persons or
property occasioned by the failure of the Member to comply with any provision hereof, or due
wholly or in part to any act, default or omission of the Member, or any person dwelling on or visiting
on the Lot, or by the Association, its agents, servants and contractors when acting pursuant to the
terms hereof.
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(c) In addition to the other legal remedies herein before and hereinafter provided for, in case of
violation of any Covenants of this Declaration by the Member, the same shall be restrainable by
injunction and neither the mention herein nor the election hereafter of one or more of the remedies
provided shall preclude the Association from enforcing any other right, remedy, option, election or
priority allowed by law, whether or not herein specifically set forth.
Section 2. ENFORCEMENT OF DECLARATION, MASTER DEED RESTRICTION, AND
INSTALLMENT LAND CONTRACTS.
(a) In the event of any violation or threatened violation of any of the provisions of this
Declaration, the Master Deed Restriction, or an applicable Installment Land Contract, the Board or
any Owner in the Property may bring an action or proceeding at law or in equity for an injunction,
specific performance, damages or such other remedies as may be available. Judgments against any
person for any violation or threatened violation of any of the Declaration herein shall include
reasonable attomeys' fees together with all of the court costs incurred therein. The Association or
any other Owner shall have a lien against the Lot owned by any such person to secure payment of
any judgment, which shall bear interest at the rate of twenty-five percent (25%) per annum.
(b) The covenants, conditions and restrictions contained in this Declaration , the Master Deed
Restriction, and each Installment Land Contract shall be enforceable by proceeding for prohibitive or
mandatory injunction. Damages shall not be deemed an adequate remedy for breach or violation but,
in an appropriate case, punitive damages may be awarded. In any action to enforce any covenant,
condition or restriction contained herein, the party or parties bringing such action, if successful in the
action, shall be awarded reasonable attorneys' fees. No violation or breach of any restriction,
covenant or condition contained in this Declaration and no action to enforce the same shall defeat,
render invalid or impair the lien of any mortgage or deed of trust taken in good faith for value or the
title or interest of the holder thereof or the title acquired by any purchaser upon foreclosure of any
such mortgage or deed of trust. Any such purchaser shall, however, take title subject to this
Declaration.
(c) The Board of County Commissioners is authorized to enforce any requirement of the
Declaration that is also a condition of the County's subdivision approvals.
(d) If a Member shall fail to perform any of the Covenants contained herein or to pay any of the
sums when due hereunder, or to comply with the Master Deed Restriction or applicable Installment
Land Contract, the Board may exercise one or more of the following remedies, or any other remedies
at law or equity:
1) Upon the failure of the Member under an Installment Land Contract to remedy such
default within five (5) days after written notice, the Association shall have the right to be
released from all obligations in law or equity to convey an interest in and to the Property,
pursuant to any Installment Land Contract, and all payments which have been made
theretofore on any Installment Land Contract by any Member who is in default hereunder
shall be retained by the Association as liquidated damages for the defaulting Member's non-
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performance of this Agreement; and the defaulting Member agrees that the Association may,
at the Association's option, re-enter and take possession of the Lot without legal process as of
the Association's first and former estate, together with all improvements and additions made
by the defaulting Member thereon or thereto, and the said additions and improvements shall
remain with the land and become the property of the Association, and if the defaulting
Member shall fail to surrender and deliver up the Lot, Seller may treat the defaulting Member
and any other occupant as a tenant holding over without permission and bring legal
proceedings under the unlawful detainer statute for immediate possession.
2) The Association may bring suit and recover judgment for all delinquent payments,
late charges, and a reasonable attorneys' fee (the use of this remedy on one or more occasions
shall not prevent the Association from resorting to one of the other remedies hereunder in the
event of a subsequent default).
3) Upon failure of any defaulting Member to remedy any default within the time frame
set forth herein for doing so, the Association may treat the Installment Land Contract
between the Association and the defaulting Member as a mortgage and proceed immediately
to foreclose the same in accordance with the laws of the State of Colorado, the defaulting
Member's interest in the Property (including the share in the Association) with all
improvements to be sold, and the proceeds to be applied to payment of the balance owing on
the defaulting Member's Installment Land Contract, late charges and a reasonable attorneys'
fee, and the Association may have judgment against the defaulting Member for any
deficiencies which remain. The Association upon filing a complaint in foreclosure, shall be
immediately entitled to possession of the Lot and may collect the rents, issues and profits
therefrom and apply the same to the payment of the obligation hereunder, or hold the same
pursuant to order of court.
4) If a Member who owns a lot fails to perform any of the Covenants contained herein or
to pay any of the sums when due hereunder, the Board may exercise all of its rights at law or
in equity, and shall have a lien upon any such lot as provided by law.
Section 3. NO IMPLIED WAIVER OR ESTOPPEL. No action or failure to act by the Board on
behalf of the Association shall constitute a waiver or estoppel with respect to future action by the
Board with respect to any improvement. Specifically, the approval of any improvement shall not be
deemed a waiver of any right or an estoppel to withhold approval or consent for any similar
proposals, plans, specifications or other materials submitted with respect to any other improvement.
ARTICLE VIII
SALE OF ASSOCIATION PROPERTY
Section 1.
Portions of the common elements (Association Property) may be conveyed or subjected to a security
interest by the Association if persons entitled to cast at least sixty-seven percent (67%) of the votes
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in the Association, including sixty seven percent (67%) of the votes allocated to the Declarant, agree
to that action. Proceeds of any such sale are on asset of the Association. The sales proceeds may be
held by the Association for the benefit of the Members or may be apportioned by the Board among
the Owners on the basis of each Owner's interest in the Lot, the improvements thereon, and on the
basis of each Owner's interest in other portions of the Property, and such apportioned proceeds shall
be paid into separate accounts, each such account representing one Lot. Each such account shall be
in the name of the Association and shall be further identified by the Lot designation and the name of
the Owner. From each separate account the Association, as attorney -in -fact, shall use and disburse
the total amount (of each) of such accounts, without contribution from one account to another, for
the purposes as follows:
(a) For payment of taxes and special assessments liens in favor of any assessing entity and
the customary expense of sale;
(b) For payment of the balance of the lien of any first mortgage;
(c) For payment of unpaid common expenses and all costs, expenses and fees incurred by the
Association;
(d) For payment of junior liens and encumbrances in the order of and to the extent of their
priority; and
(e) The balance remaining, if any, shall be paid to the Owner.
ARTICLE IX
VARIANCES
Section 1.
(a) The Board may allow variances from compliance with any of the terms or provisions
of this Declaration when circumstances such as topography, natural obstructions or hardship may
require and, if such variance is granted, no violation of the Covenants, restrictions and conditions of
these restrictions shall be deemed to have occurred with respect to the matter for which the variance
was granted.
(b) Any such variance shall be evidenced in writing, duly executed by the Board, and
shall be granted only after a meeting, notice of which has been sent to all Members owning Lots
immediately adjacent and directly across the street from the Lot in question. The granting of such
variance shall not operate to waive any of the terms and provisions of such of these restrictions for
any purpose as to the particular property and particular provision hereof covered by the variance.
Section 2. Notwithstanding the foregoing, each Member must also obtain approval from Pitkin
County, Colorado where a variance is required from the County Land Use Code or the conditions of
subdivision approval.
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ARTICLE X
IMMUNITIES AND LIABILITIES
Section 1. ASSOCIATION'S IMMUNITIES. The Association shall not be liable for, nor shall there
be any abatement of any assessment or other compensation by reason of:
(a) any interference with light, air, view or other such interest of any Member;
(b) any Lot taken to comply with any law, ordinance or governmental regulations; or
(c) unless due to the negligence of the Association, (i) any failure, curtailment, insufficiency
of water supply, sewer, electricity, gas, telephone or other service to be supplied to the
Member, or (ii) any failure of the Association to make or delay by the Association in
making or inconvenience in its making of repairs, alterations, or decorations to or in the
Property, of the Lot or to any fixtures or appurtenances therein or (iii) any injury or
damage to persons or property caused by the elements or by another Owner or by another
person in the Property.
Section 2. LIABILITY AND INSURANCE. Occupancy of a Lot shall constitute full
acknowledgment that the Member has inspected the Lot and accepted as is, and that the Association
and its agents have been fully released from any responsibility for any injuries or damage occurring
in or in any way connected with the premises or near -by streets, and from any claims for damages
that may be caused by the re-entering and taking possession of the Lot by the Board of its agents
under the terms and conditions of these Covenants and applicable law. Each Member shall
indemnify and hold the Association and its agents and employees harmless from any and all claims
from damages or injuries from any cause whatsoever, sustained by the Member, any member of the
Member's family or guests including but not limited to claims for damages or injuries to personal
property. The Association shall have no liability whatsoever for damages or injuries to any of the
improvements or personal property on any Lot or any damages resulting from injuries to the
Member, any person occupying any Lot, or any guest, which may occur to the Lot or any other act
beyond the control of the Association (Owner?)
ARTICLE XI
GENERAL PROVISIONS
Section 1. BENEFITS OF DECLARATION. This Declaration is made for the benefit of all of the
Property located in Lazy Glen and for the Members thereof.
Section 2. DECLARANT'S RESERVED RIGHTS. The Declarant reserves the right to create up to
twenty-five (25) additional lots on that portion of the property which remains in the ownership of the
Association pursuant to this Declaration and the Plat recorded concurrently herewith.
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Section 3. MEMBER DISAGREEMENTS AND COMPLAINTS. Any disagreements between or
among Members shall be resolved between or among the parties. If any disagreement is not resolved
between or among the parties within a reasonable time, any party may file a written complaint with
the Property Manager who will investigate and make a recommendation to the Board concerning said
complaint. The Board shall notify the parties involved in writing within seven (7) days of its
decision concerning said dispute, which decision shall be final.
Section 4. AMENDMENT AND TERMINATION. These restrictions, Covenants and conditions in
this Declaration shall be effective upon adoption and shall continue from year to year thereafter until
amended or terminated by written instrument executed by the Association or by the Members of a
simple majority of the Lots or an interest therein by virtue of an Installment Land Contract or deed to
a lot of the Property described herein. This Declaration may be amended via vote or agreement of lot
owners to which more than fifty percent (50%) of the votes of the Association are allocated.
Notwithstanding the foregoing, the Association may not amend or terminate any provision of these
Covenants which reflects a condition imposed by Pitkin County in connection with re -zoning or
subdivision approval.
Section 5. NOTICES. All notices required to be given or which any Member may wish to be given
to the Association or its agent shall be presented in writing, addressed to LGHA, 101 Lazy Glen,
Snowmass, CO 81654". Any notice to be given by the Association to any Member may be given in
any manner under applicable law, and in the absence thereof, shall be deemed given and received
when placed with the US Postal Service, first-class postage prepaid thereon, correctly addressed to
such Member at the last address on file with the Association.
Section 5. ATTORNEYS' FEES. In the event of any dispute concerning any tenancy, including the
enforcement of these rules and regulations, requiring the circumstances of the employment of legal
counsel, the prevailing party shall be entitled to recover all reasonable attorneys fees incurred therein,
whether or not court proceedings are commenced.
Section 6. GOVERNING LAW. These rules and regulations shall e governed by and construed in
accordance with the laws of the State of Colorado.
Section 7. EFFECT ON PARTIAL INVALIDITY. If any clause or provision herein contained shall
be adjudged invalid, such fact shall not affect the validity of any other clause or provision of these
Covenants, or given rise to any cause of action in favor of either party against the other.
Section 8. PARAGRAPH HEADINGS. The paragraph headings in this instrument are for
convenience only and shall not be considered in construing the restrictions, Covenants and
conditions contained herein.
Section 9. SINGULAR AND PLURAL. Wherever utilized herein, the singular shall be deemed to
include the plural and the plural shall be deemed to include the singular. Furthermore, wherever
utilized herein, the masculine shall be deemed to include the feminine and the feminine shall be
deemed to include the masculine.
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Section 10. SEVERABILITY. Each of the covenants, restrictions and conditions in these Covenants
shall be deemed independent and separate and the invalidation of any one shall not affect the validity
and continued effect of any other.
IN WITNESS WHEREOF, the Lazy Glen Homeowners Association, Inc. has caused its corporate
signature to be hereto affixed and this instrument to be signed by its duly authorized offer this
day of /s4 L/ 2001.
LAZY GLEN HOMEOWNERS ASSOCIATION, INC.
By:
Deborah Voigt
President'
i
Attest: "A
ecretary
L.)
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing document was acknowledged and sworn to before me this ?:'•- 9Ldayof
2001, by Deborah Voigt, President of the Lazy Glen Homeowners Association, Inc.
WITNESS my hand and
My commission expire
My Commission Expires 03/13/2
F.Files/Lazy Glen/CorporateiCwenants.12.21.01
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EXHIBIT "A"
Legal Description
Parcel 1
Those portions of Tracts 65 and 66 of the Independent Re- Survey of Township 8 South, Range 86
West of the Sixth Principal Meridian described as follows:
Beginning at a point on the northeasterly right-of-way line of State Highway No. 82, whence the
witness corner to the corner common to Section 21, 22, 27 and 28, Township 8 South, Range 86
West of the Sixth Principal Meridian bears South 41'42' East 1755.7 feet;
Thence North 45'49; west 710.5 feet along the chord combining the arch of a curve to the left with a
radius of 2342 feet and the arch of a curve to the left with a radius of 1482.5 feet;
Thence North 41'22 East 335.50 feet to the center of the Roaring Fork River;
Thence South 26'14 East 626.12 feet along the center of the Roaring Fork River;
Thence South 18'25' East 165.38 feet along the center of the Roaring Fork River;
Thence South 55'25 West 50.00 feet to the point of beginning.
Parcel 2
That portion of Tract 65, Township 8 South, Range 86 West of the Sixth Principal Meridian,
described as follows;
Beginning at a point on the Northerly line of State Highway No. 82 whence the witness corner to the
Southeast corner of Section 21, Township 8 South, Range 86 West of the Sixth Principal Meridian
bears South 42'53'30" East 2465.0 feet;
Thence North 41'22' East 335.5 feet to the center of the Roaring Fork River;
Thence North 45'52' West 266 feet along the center of the Roaring Fork River;
Thence North 53'04' West 187.9 feet along the center of the Roaring Fork River;
Thence North 70'59' West 196.8 feet along the center of the Roaring Fork River;
Thence North 85'12' West 210.1 feet along the center of the Roaring Fork River;
Thence North 35'26' West 327.8 feet along the center of the Roaring Fork River;
to the North line of said Tract 65;
Thence North 88'32' West 1391.5 feet along the North line of said Tract 65 to Comer No. 2 of said
Tract 65.
Thence South 65.6 feet along the West line of said Tract 65 to the Northerly line of said State
Highway No. 82;
Thence Southerly and Easterly along the Northerly line of said State Highway No. 82 to the point of
beginning.
F.Files/Lazy Glen/Corporate/Covenants.12.21.01
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Parcel 3
A parcel of land in Tract 64, Section 21, Township 8 South, Range 86 West of the Sixth Principal
Meridian, more particularly described as follows:
Beginning at an iron post with a brass cap set for Angle Point No. 2 of Tract 65 in said section 21;
Thence along said tract line South 88'32'00' East 116.16 feet;
Thence North 77'06'48"West to the centerline of the Roaring Fork River;
Thence along the centerline of the Roaring Fork River South 13'40'10" West 44.33 feet;
Thence South 86'32'00" East 107.24 feet to the point of beginning.
Parcel 4
All that part of Tract 64 situated in Section 21, Township 8 South, Range 86 West of the Sixth
Principal Meridian, lying Northeasterly of the Southerly line of said tract 64 and Southerly of the
center of the Roaring Fork River described as follows:
Beginning at an iron post with a brass cap set for Angle Point 2 of Tract 65 in Section 21; Thence N.
88'32'00" W. 107.24 feet along the Southerly line of said Tract 64 to a point in the center of said
river; thence N. 13'40'10" E. 82'02 feet along the center line of said river; Thence N.18'31'24" E.
121.89 feet along the center of said river; Thence N. 64'06' 14" E. 116.93 feet along the center line of
said river; thence N. 73'58'26" E. 131.63 feet along the center line of said river; Thence S. 73'30'00"
E. 182.00 feet along the center line of said river; Thence S. 76'20'00" E. 540.00 feet along the center
line of said river;
Thence S. 80'10'00" E. 340.00 feet along the center line of said river; thence S. 65'19'56" E. 201.06
feet along the center line of said river to a point on the southerly line of said tract 64; thence N.
88'32'00 W. 1400.00 feet along the Southerly line of said Tract 64 to Angle Point 2 of said Tract 65,
the point of beginning.
Exception therefrom the following parcel:
Beginning at an iron post with a brass cap set for Angle Point 2 of Tract 65 in said Section 21;
Thence along said Tract Line S. 88'32'00" E. 116.16 feet; Thence N. 77'06'48" W. to the center line
of the Roaring Fork River; Thence along the center line of the Roaring Fork River S. 13'40'10" W.
44.33 feet; Thence S. 88'32'00" E. 107.24 feet to the point of beginning.
Pitkin County, State of Colorado
Notes on the Property Descriptions
Parcel 1, 2, and 3 descriptions above, delineates the original Lazy Glen Mobile Home property.
Parcel 4 description, details the adjoining property acquired after the original purchase of the Lazy
Glen Mobile Home property. This property is sometimes referred to as the Toland Property.
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LAZY GLEN HOMEOWNERS ASSOC.
STORMWATER MANAGEMENT PLAN
December 19, 1997
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This document is to provide additional information regarding the Stormwater Management Plan
(SWMP) for the Lazy Glen Mobile Home Park project at 101 Lazy Glen, Snowmass, Colorado in
Pitkin County, Colorado. This narrative description and attached erosion control specifications
and details are in support of a Detailed Submission application to Pitkin County and any
subsequent State of Colorado General Permit Application for Stormwater Discharges Associated
with Construction Activity.
It is important to note that this SWMP along with the Erosion Control Plan specifications comprise
guidelines for the general contractor and excavation subcontractor. The Utility Master Plan,
SWMP narrative and specifications endeavor to show the major erosion control structures and
required details looking at the project as a whole. Given the complexity and extended schedule
of the Lazy Glen project, however, additional erosion control measures may be necessary to
accommodate temporary conditions not anticipated on the overall plan.
This document is organized in direct response to the information items required by Appendix A
of the General Permit Application form titled Contents of the Stormwater Management Plan.
1. Site Description
a) The Lazy Glen Mobile Home Park development includes construction of
infrastructure and road improvements to serve 101 existing single-family homesites
and a small greenhouse business.
b) The Lazy Glen Mobile Home Park re -development and subdivision is a relatively
small project comprising numerous phases and a total scope of several years.
c) The total area of the site is approximately 30 acres. The area subject to clearing,
excavation or grading is approximately 3 acres mostly within the road rights -of -
way.
d) The runoff coefficient before construction activity begins is estimated to be around
0.35. After construction the runoff coefficient is expected to be slightly higher due
to some additional paved surfaces and structures although the existing
development on the site will not change in any substantive fashion as a result of
the infrastructure improvements and most of the area already has mature
vegetative cover which serves to buffer the net impact. For purposes of the
temporary erosion control plan, we would recommend a runoff coefficient of 0.45
in detention volume calculations. We have selected a runoff coefficient at the low
EXHIBIT
1
EXHIBIT 4 1/15
SCHMUESER GORDON MEYER. INC.
December 19, 1997
Lazy Glen Homeowners Assoc.
Stormwater Management Plan
end of the composite surface range due to the highly porous nature of the site
soils. Area soils are variable but are generally sandy to silty alluvial gravels with
rocks and boulders. Erosion potential tends to be low due to the matrix of larger
stones and rocks within the soils.
e) Existing vegetative cover includes a range of species from meadow and lawn
grasses to Aspen stands, cottonwoods and wetlands. Most of the areas where
grading and construction activities will occur are currently road rights -of -way with
existing pavement or chip -seal cover. Vegetative ground cover currently covers
approximately 85% of the site excluding roads, parking lots, ponds and existing
structures.
f) Minor flows are anticipated from existing streams and ponds within the project
site. Irrigation flows will be controlled within existing ditch and pipeline systems
(for delivery through to existing users) and irrigation flows within the project areas
will be discontinued through the construction process. Irrigation waste flows and
return flows should not impact the excavated areas.
9)
Discharges from the Lazy Glen site are to the Roaring Fork River.
2. Site Map
See Exhibit 2.
3. Best Management Practices far Stormwater Pollution Prevention
The Lazy Glen Mobile Home Park project detailed submission master utility plan results in the
following anticipated temporary erosion control improvements based on the SWMP specifications
and details. The following improvements include both purely temporary facilities, which will be
removed upon completion of the project and establishment of permanent landscape cover, as
well as temporary improvements to what will become permanent structures such as hay bale
check dams in permanent swales and temporary outlet facilities on the ponds. Anticipated tasks
and estimated quantities include;
1. Pond. The existing "duck pond" may serve to allow some sedimentation of flows
from disturbed areas.
2. Temporary ditches. When areas are excavated and there is a possibility of
erosion traveling from the excavated area into adjacent streams or properties,
temporary diversion channels may be needed to prevent such impacts. I have
generally considered the need for temporary ditches along the edges of the
excavated zones where adjacent grades fall away. This figure is heavily
EXHIBIT 4 2/15
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Lazy Glen Homeowners Assoc.
Stormwater Management Plan
dependent on the contractor's final decisions relative to phasing of the
infrastructure and is therefore an estimate.
3. Hay Bales. This item includes installation of hay bale check dams in all temporary
and permanent ditches (approximately every 100 feet) as well as additional hay
bales for use in temporary dams, inlets and outlet structures. Hay bales or silt
fences may also be used in areas along the edges of excavated zones.
4. Temporary culverts. This item includes culvert facilities in addition to the
permanent culverts on the drainage plan.
5. Erosion matting. This item includes matting for erosion control on steeper slopes.
I have anticipated matting on most slopes over 20% and along road cut areas.
If the landscape plan includes erosion matting, it may be substituted for our
proposed specification.
4. Final Stabilization and Long -Term Stormwater Management
The project design calls for a fully landscaped and restored site with drainage swales, ponds,
flow control structures and permanent sedimentation basins. The stormwater controls are
designed for a 100-year event and will provide storage to limit off -site flows to historic levels.
Defined swales, ponds and culverts combined with the formal landscaping of the site will result
in a permanent site configuration highly resistant to erosion activity.
Long-term management will be undertaken by the owners association of the park.
5. Other Controls Not Applicable.
6. Inspection and Maintenance
As indicated in the long-term management section, inspection and maintenance of the permanent
drainage facilities will be performed by the owners association of the park.
JHIIIh 9415SWMP
SCHMUESE
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STANDARD SPECIFICATIONS FOR ROADS AND BRIDGES
(SOURCE: COLORADO DEPARTMENT OF HIGHWAYS)
1986 SECTION 107
SECTION , TEMPORARY EROSION CONTROL
Mai
107.25 Water Quality Control. The Contractor during the term of the contract, shall
comply with the 'Colorado Water Quality Control Act', Title 25, Article 8, CRS and
regulations promulgated thereunder, and to the following additional requirements In
connection therewith:
[al Temporary Water Quality Control.
1. DESCRIPTION. This work shall consist of temporary measures needed
to control water pollution. These temporary measures shall include
berms, dikes, dams, sediment basins, fiber mats, netting, gravel
mulches, slope drains and other erosion control devices or methods.
These temporary measures shall be installed at the locations where
needed to control erosion and water pollution during the construction of
this project, and as directed.
Temporary pollution controls shall be coordinated with the permanent
erosion control features specified elsewhere in the contract to the extent
practical.
, 2. MATERIALS. Mulches may be hay, straw, fiber mats, netting, wood
co cellulose, bark, wood chips, or other suitable material, and shall be
a 2 reasonably clean and free of noxious weeds and deleterious materials.
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T N N o Slope drains may be constructed of pipe, fiber mats, rubble, portland
ID CD A 2 114 cement concrete, bituminous concrete, plastic sheeting or other
a 2 acceptable materials.
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GI 3. CONSTRUCTION REQUIREMENTS. The Engineer may direct the
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Contractor to provide immediate permanent or temporary pollution
control measures to prevent contamination or adjacent streams, lakes,
ponds, or other watercourses or water impoundment areas.
Cut slopes shall be seeded and mulched as the excavation proceeds to
the extent considered desirable and practicable by the Engineer and
Landscape Architect.
SILVIA DAVIS PITKIN COUNTY CO
Temporary pollution control may include construction work outside the
right-of-way where such work is necessary such as for borrow pits, haul
roads and equipment storage sites.
EXHIBIT 4 4/15
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The Contractor shall prepare schedules for accomplishing temporary and
permanent erosion control work relevant to the earthwork phasing
schedule. These schedules shall be applicable to clearing and grubbing,
grading, bridges and other structures to control water, construction and
paving; and shall be submitted to the Engineer for acceptance. He shall
also submit of acceptance his proposed method of erosion control on
haul roads and borrow pits ad his plan for disposal of waste material.
Work shall not be started until the temporary erosion control schedules
and methods of operations have been accepted.
The Contractor will be required to incorporate all permanent erosion
control features into the project at the earliest practicable time as.
outlined in his accepted schedule.
Temporary pollution control measures will then be used to correct
conditions that develop during construction. The erosion control
features installed by the Contractor shall be acceptably maintained by
him until the project is accepted.
In the event of conflict between these requirements and quality control
laws, rules or regulations of other Federal, State or local agencies, the
more restrictive laws, rules or regulations shall apply.
[bi Water Quality Management Requirements.
The Contractor shall perform the following requirements:
1. All reasonable steps shall be taken to insure that the Contractor's
provisions for the control of erosion and sedimentation and the
protection of water quality comply with the applicable standards and
regulations of appropriate agencies.
2. Permanent erasion and sediment control measures shall be installed at
the earliest practicable time consistent with good construction practices.
One of the first construction activities shall be the placement of
permanent and temporary erosion and sediment control measures
around the perimeter of the project or the initial work areas to protect
the project, adjacent properties, and water resources.
3. Temporary erosion and sediment control measures shall be coordinated
with permanent measures to assure economical, effective, and
continuous control throughout the construction phase.
4. Erosion and sediment control measures shall be adequately maintained
to perform their intended function during construction of the project.
5. Construction operations in rivers, streams, lakes or other bodies of
water shall be restricted to:
A. Areas where channel changes are planned.
EXHIBIT 4 5/15
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SILVIP DAVIS PITKIN COUNTY CO
B. Areas which must be entered to construct structures or erosion
and sediment control measures.
6. Pollutants used during highway construction or operation and material
from sediment traps shall not be stockpiled or disposed in such manner
which makes them readily susceptible to being washed into any
watercourse by runoff or high water.
7. The use of chemicals such as soil stabilizers, dust palliatives, sterilants,
growth inhibitors, fertilizers, de-icing salts, etc., during road or highway
construction and operation shall be limited to the best estimate of
optimum application rates. All feasible measures shall be taken to avoid
excess application and consequent intrusion of such chemicals.
8. Any anticipated change in discharge location and/or quantities shall be
reported by submission of a written notice, prior to the change, to the
Colorado Water Quality Control Division. If the change fs determined to
be significant, the notice will be acknowledged and approved or
disapproved accordingly.
9. If, for any reason, construction activities result in non-compliance with
conditions herein, a description of the cause of non-compliance, the
period of non-compliance, the anticipated time the non-compliance is
expected to continue, and steps being taken to reduce, eliminate, and
prevent recurrence of the non-compliance shall be reported in writing to
the Colorado Water Quality Control Division within five days of
becoming aware of such condition.
10. Any diversion from, or bypass of, facilities necessary to maintain
compliance with the terms and conditions herein is prohibited, except (a)
where unavoidable to prevent loss of life or severe property damage, or
(b) where excessive storm drainage or runoff would damage any
facilities necessary for compliance with limitations and prohibitions
herein. The Colorado Water Quality Control Division shall be notified
immediately in writing of each such diversion or bypass.
11. Solids, sludges, or other pollutants removed in the course of treatment
or control of wastewaters shall be disposed in a manner such as to
prevent any pollutant from such materials from entering waters of the
State.
12. Any discharge of waters of the State other than specifically authorized
is prohibited.
13. Measures shall be taken to prevent spilled fuels or lubricants from
entering the watercourse.
14. Areas suitable for vegetation shall be seeded or revegetated to prevent
subsequent soil erosion.
EXHIBIT 4 6/15
TEC-3
15. Fill material shall be clean, non-polluting materials.
16. Measures shall be taken to prevent the entrance of wet concrete into
the watercourse when placed in forms and/or from washing of trucks.
17. Dredging or filling in excess of that necessary to complete the project
shall not be. permitted.
18. The work shall be planned so as to minimize the necessity of
subsequent maintenance.
19. Whenever possible, operations shall be conducted during low flow
periods.
(c] Measurement and Payment. Temporary erosion and pollution control measures
required due to the Contractor's negligence, carelessness, or failure to install
permanent controls as a part of the work as scheduled, shall be performed by
the Contractor at his expense.
Work performed to install temporary or permanent controls in accordance with
the work as scheduled or as ordered, will be paid for at the proper contract unit
price. Should the work not be comparable to the project work under the
applicable contract items, the Contractor shall perform the work on a force
account basis.
End of Section
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STANDARD SPECIFICATIONS FOR ROADS AND BRIDGES
(SOURCE: COLORADO DEPARTMENT OF HIGHWAYS)
1986 SECTION 107
SECTION SOIL RETENTION COVERING
DESCRIPTION
213.06 This work shall consist of furnishing, preparing, applying, placing and securing
soil retention covering for erosion control on roadway ditches or slopes as shown on the plans
or as directed.
MATERIALS
213.07
(al Covering. Covering shall consist of blankets with close weave mesh and
nettings with open weave mesh made of various materials as specified herein.
Blankets and nettings shall be biodegradable, non -toxic to vegetation or
germination of seed and shall not be toxic or injurious to humans.
1. Excelsior. The blanket shall consist of a machine -produced mat of
curled wood excelsior of 80%, eight -inch or longer fiber length with
consistent thickness and the fiber evenly distributed over the entire area
of the blanket. The top side of the blanket shall be covered with a
biodegradable extruded plastic mesh. The blanket shall be made
smolder -resistant without the use of chemical additives.
Width: 48" ±1 inch
Length: 180 feet, average
Weight per roll: 78 lbs. ±8 lbs.
Weight per sq.yd. .875 lbs. ± 1 Q%
Square yds. per roll 80, average
2. Jute. The blanket shall consist of heavy jute mesh of uniform open plain
weave of unbleached, smolder resistant, single jute yarn. The yarn shall
be of a loosely twisted construction having an average twist of not less
than 1.6 turns per inch, shall not vary in thickness by more than one-
half its normal diameter. The jute mesh shall be furnished in
approximately 90-pound rolled strips and shall meet the following
requirements:
Length: Approximately 75 yards
Width: 48" ±1"; 78 warp ends per width of cloth; 41
weft end per yard.
Weight of cloth to average 1.22 pounds per linear yard with a
tolerance of ±5%.
EXHIBIT 4 8/15
3. Paper Fabric. The blanket shall be smolder -resistant and shall consist of
knitted, natural polypropylene yard fabricated in a uniform open weave
having %" square openings through which strips of paper are woven.
Paper shall be green or brown contrast or as approved by the Engineer.
Fabric shall be furnished with suitable protection for outdoor storage at
construction sites and shall meet the following characteristics:
Width:
Length:
Roll Sizes:
Weight:
Packaging:
5 ft minimum, 10 feet maximum
360 feet, average
5 ft. width - 200 sq. yd.
10 ft width - 400 sq. yd.
Approximately 0.2 Ibs per sq. yd.
4-6 mil. opaque polyethylene bag.
4. Paper Fiber Mulch Netting. Netting shall be a woven paper fiber material
with open weave 2" x IA" mesh size. Net fiber shallbe a high wet
strength, kraft paper yarn. The edges and center of the mesh roll shall
be reinforced with plastic filament to prevent failure at staple points.
Width: 45" minimum
Length: 250 yards approximate
5. Plastic Mulch Netting. Netting shall be an extruded polypropylene or
other approved plastic material, extruded in such a manner as to form
a net with 3/4" minimum square openings. The netting shall be
furnished in rolls to meet the following characteristics:
Width:
Length:
Weight:
48" minimum
Convenience lengths, 50 yds. minimum
2.6 Ibs. per 1000 sq. ft. minimum
(bl Pins and staples shall be made of wire 0.162" or larger in diameter. "U'
shaped staples shall have legs 8" long and a 1" crown. "T" shaped pins shall
have a minimum length of 8" after bending. The bar of the "T" shall be at least
4" long with the single wire end bent downward approximately 3/4".
CONSTRUCTION REQUIREMENTS.
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SILVIA DAVIS PITKIN COUNTY CO
(al Excelsior. The area to be covered shall be properly prepared, fertilized and
seeded, pursuant to the Landscape Plan, before the blanket is placed. When
the blanket is unrolled, the netting shall be on the top and the fibers shall be in
contact with the sail. in ditches, blankets shall be unrolled in the direction of
the flow of water. The end of the upstream blanket shall overlap the buried
end of the downstream blanket a maximum of eight inches and a minimum of
four. inches, forming a junction slat. This junction slot shall be stapled across
at eight -inch intervals. Adjoining blankets (side by side) shall be offset eight
inches from center of ditch and overlapping a minimum of four inches. Use six
staples across the start of each roll, at four -foot intervals, alternating the center
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row so that the staples form an "X" pattern. A common row of staples shall
be used on adjoining blankets.
[bl Jute. The blankets shall be placed immediately after seeding and mulching
operations have been completed in each location that jute mesh is used to
control erosion.
The material shall be applied smoothly but loosely on the soil surface without
stretching. Workers should avoid, as much as possible, walking directly on the
seedbed either before or after the jute is applied. The upslope end of each
piece of jute mesh shall be buried in a narrow trench six inches deep. After the
jute is buried, the trench shall be tamped firmly closed.
In cases where the roll of jute mesh ends and a second roll starts, the upslope
piece should be brought over the buried end of the second roll so that there is
a 12-inch overlap to form a junction slot.
Where two or more widths of jute mesh are applied side by side, an overlap of
at least four inches must be made.
Check slots should be made before the jute mesh is rolled out. A narrow trench
should be dug across the slope perpendicular to the direction of flow. A piece
of jute, cut the same lengths as the trench, is folded lengthwise. The fold is
placed in the trench and the trench is tamped closed. The portion of the jute
remaining above ground is unfolded and laid flat on the soil surface.
Check slots will be spaced so that one check slot or junction slot occurs within
each 50 feet of slope.
Overlaps which run down the slope, outside edges and centers shall be stapled
on two -foot intervals. Each width of jute mesh will have a row of staples down
the center as well as along each edge. Check slots and junction slots will be
stapled acrossat six-inch intervals.
For extra hard soil, use sharp pointed hardened steel three-inch fence -type
staple.
The blanket must be spread evenly and smoothly and be in contact with the
seeded area at all points. It shall be pressed into the sails with a light lawn
roller or by a similar method.
(cl Paper Fabric. The fabric shall be placed immediately after seeding operations
have been completed in each location designated for erosion control.
The fabric shall be draped smoothly but loosely on the soil surface without
stretching. Workers should avoid, as much as possible, walking directly on the
seedbed, either before or after the fabric is applied. The upslope end of each
piece of fabric shall be buried in a narrow trench six inches deep. After the
fabric end is buried, the trench shall be stapled firmly closed.
SRC-3
EXHIBIT 4 10/15
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In cases where one roll of fabric ends and a second roll starts, the upslope
piece shall be brought over the buried end of the second roll so that there is a
1 2-inch overlap to form a junction slot. Where two or more widths of fabric are
applied side by side, an overlap of at least four inches shall be made.
The fabric shall be anchored to the ground by staples at nine -inch intervals
along the ends of each strip of fabric.
For extra hard soil, use sharp pointed, hardened steel, three-inch fence -type
staple.
Fabric shall be in contact with the seeded area at all points. It shall be pressed
into the soil with a light lawn roller or a similar method.
(di Paper Fiber Mulch Netting. Mulch netting shall be placed immediately after the
mulching operations have been completed in locations designated on the plans.
Mulch netting shall be used only to. secure hay or straw mulch to be the
finished slope or ditch.
The mulch netting shall be applied smoothly but loosely on the mulched surface
without stretching. The mulch netting shall be unrolled from the top to the
bottom of the slope. The top edge of the netting shall be buried in a six-inch
check slot at the top of the slope and stapled. The trench shall be backfilled
and tamped.
In cases where one roll of mulch netting ends and a second roll starts, the
upslope piece shall be brought over the start of the second roll so that there is
a three-inch overlap. The overlap shall be stapled every two feet on center.
Where two or more widths of mulch netting are applied side by side, an overlap
of at least four inches shall be made and stapled every two feet on center.
Insert one staple every foot along top and bottom edges of netting. Also insert
staples every four feet on each edge and down center of net so that the staples
alternate between edges and center to farm and "X" shape pattern.
(el Plastic Mulch Netting. Nettingshall be placed as soon as possible after
mulching operations have been completed in locations designated on the plans.
Netting shall be used only to secure hay or straw mulch to the finished slope
or ditch.
The netting shall be applied smoothly but loosely on the mulched surface
without stretching. The netting shall be unrolled from the top to the bottom of
the slope. The top edge of the netting shall be buried and stapled at the top
end of the slope in a narrow trench six inches deep. After the edge is buried
and stapled, the trench shall be backfilled and tamped.
In cases where one roll of netting ends and the second roll starts, the upslope
piece shall be brought over the start of the second roll so that there is a four -
inch overlap.
SRC-4
EXHIBIT 4 11/15
Where two or more widths of netting are applied side by side, an overlap of at
least four inches must be made.
Insert one staple every foot along top and bottom of edges of the netting.
Also, insert staples every four feet on each edge and down center of net so
that the staples alternate between edged and center to form an "X" shape
pattern.
[f1 Maintenance. The Contractor shall maintain the blanket or netting areas until
all work on the contract has been completed and accepted. Maintenance shall
consist of the repair of areas where damage is due to the Contractor's
negligence. Repair of those areas damaged by wind, fire or other causes not
attributable to the Contractor's operations shall be repaired by the Contractor
at the appropriate unit price. Such areas shall be repaired to re-establish the
condition and grade of the soil prior to application of the covering and shall be
re -fertilized, reseeded and re -mulched as directed.
METHODS OF MEASUREMENT
213.09 Sail retention covering, including staples, complete in place and accepted, will
be measured by the square yard of finished surface. No allowance will be made for overlap.
BASIS OF PAYMENT
213.10 The accepted quantities of soil retention covering will be paid for at the contract
unit price per square yard.
Payment will be made under:
Pay Item
Pay Unit
Soil Retention Blanket (Excelsior) Square Yard
Soil Retention Blanket (Jute) Square Yard
Sail Retention Blanket (Paper) Square Yard
Mulch Netting (Paper) Square Yard
Mulch Netting (Plastic) Square Yard
Preparation of seedbed, fertilizing and seeding will be measured and paid for in accordance
with Section 212.
Mulching will be measured and paid for in accordance with applicable portions of Section 213.
End of Section
II 065D0 0010:2&\1111111,1111111111111
EXHIBIT 4 12/15
SRC-5
SLOPES
Al 114 A2 MINI - BENCHING
SLOPE
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INTERCEPTO R
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RUNOFF CONTROL STRUCTURES
4fi5135
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DRAINAGE STRUCTURES
SEDIMENTATION POND
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GENERAL NOTES
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EXHIBIT 4 13/15
CLEAR WATER DIVERSION
IIIIIII 065 0 0 ee
1010113,0100tR 200 03915/2002f10:28f
EXHIBIT 4 14/15
LARGE CNANNELS- USE STONE
LINING M TN GRAVEL FOUNDATION.
P4ALLCNANNSU_US*
GRAVEL.
DNERSJON CHANNELS
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BALED HAY OR STRAW EROSION CHECKS
II III ,III II IIIII II
SILV R DRVIS PITKIN COUNTY CO
I II 465135
Page: 40 of 40
03/15/2002 10:28F
R 200.00 D 0.00
STARED
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8
SMALL TEMPORARY PESTALLATION
SEDGMENT DARES
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OUTLET
TYPES OF TEMPORARY DAMS
EXHIBIT 4 15/15