DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS

FOR

LAZY GLEN SUBDIVISION

TABLE OF CONTENTS

ARTICLE 1- 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

Amended Declaration of Protective Covenants for the Lazy Glen Subdivision

aft This Declaration made on the cR b';"---day of J:;euM6eIJ.r 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 ofColorado, 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 ofthe 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 ofenhancing and protecting the merchantability, value, desirability and attractiveness ofthe 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 ofeach 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. "ASSOCIAnON" 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 Propertywhich 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

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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 ofDirectors ("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 ofone 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, ifany, as may be 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 IIIbelow and the definition ofQualified 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 ofa 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 ofthe 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 ofthe Association are as set forth in the Articles ofIncorporation and the By­Laws ofthe 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 ofany 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 ofthe month. Any request for any extension must be brought before the Board ofthe 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) Ifassessment payments are not received by the fifth day ofthe month they are considered to be delinquent. If the delinquent assessment is not paid within five (5) days after the first day ofthe month, the assessment amount due shall bear interest from the due date at a rate of25 percent (25%) .per annum from the date when such amount shall have become due to the date ofpayment 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 ofany 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 ofthe Common Area 8f 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 ofnotice of such failure to pay is recorded in the office ofthe Clerk and Recorder ofPitkin County, Colorado, against the parcel ofsuch 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 ofdeeds oftrust and mortgages in accordance with the laws ofthe 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 ofthe 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 ofall its acts and corporate affairs and cause an annual independent examination ofthe Association's accounts to be made and to cause a copy ofsuch report to be available to the Membership within thirty (30) days of completion.

(b) To supervise all officers, agents and employees ofthe Association and to see thattheir duties are properly performed.

(c) As more fully provided in the Declaration, to:

1) fix the amount ofthe monthly assessment against each Lot at least thirty (30) days in advance ofeach monthly assessment period, in the event ofany change in the monthly assessment;

2) send written notice, in the event ofany change in the monthly assessment, to each Member at least thirty (30) days in advance ofeach 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 ofthe State ofColorado.

(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 ofthe Common Area and Property, the maintenance ofall infrastructure ofthe 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 offirst 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 ofany Lot, shall have the right to purchase the Lot ·upon the same terms and conditions asthe condi tions ofany proposed sale ofsuch Lot. The Member agrees to give the Association notice of the terms and conditions ofthe proposed sale at least sixty (60) days in advance ofany proposed sale. Within thirty (30) days from the date ofdelivery 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 ofsuch offer, then upon any other proposed sale, the Association shall have the right offirst refusal asspecified herein. In the event the Board ofDirectors ofthe Association does not have sufficient funds on hand for anypurchase, 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 ofthe Association, duly recorded in the office ofthe Clerk and Recorder ofPitkin County, Colorado.

ARTICLE IV

PROPERTY RIGHTS

.Section 1. EASEMENTS RESERVED.

(a) All easements of record and all easements contained on the Plat ofthe 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 ofall utilities and drainage facilities, and for the establishment ofaccess easements to the Common areas, over and on each Lot within the Property. Furthermore, the Association shall have the right ofaccess 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)(l) 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 ofthe 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. lfthe 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 ofaction 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, anyresponsibility 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 ofall 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 ofthese 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 ofenjoyment 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 ofthe Association, in accordance with its Articles ofIncorporation and By-Laws, to borrow money for the purpose ofimproving the Common Area. and in aid thereofto 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 ofthe Association to dedicate or transfer all or any part ofthe 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 ofthe Board ofthe Association, occupy or use any Lot or permit the same or any part thereofto be occupied or used for anypurpose 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 ofthe Board ofCounty Commissioners ofPitkin 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 ofoccupants 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. Non­approved 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 Memberwill 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 ofthe Board. The Board shall have the right to evict the Tenant if the Member does not do so upon denial of the Board.

(d) Ifa leased Lot has not sold within six months, the Member must meet with the Board at least · 30 days prior to the expiration ofthe six months to apply for an extension ofthe 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 ofthe 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 ofany nature shall be placed upon any Lot 'except for the following:

(a) a sign owned by, and placed by, a realtor/realtycompany, indicating the Lot and home are for sale;

(b) a name and address sign, the design and location ofwhich 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 ofviolation hereof, the Board through the Property Manager, or otherwise shall notify the offending Member to remedy the violation within three (3) days ofdelivery ofthe 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 ofthe 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 ofthe Property Manager without notice to the Member by whose Lot the obstruction or hazard exists, and without notice to the owner ofthe 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 ofsnowmobiles, 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 ofvehicles within the Property. Offending drivers' vehicle license plate

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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 ofthe Association (which consent shall not be unreasonably withheld or delayed) or without strictly complying with any applicable rules ofthe 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 ofprotecting any cables, pipes or underground lines, digging of any nature shall be permitted only with the express permission ofthe 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 ofsuch locates performed within the Member's Lot lines. Each Member shall be responsible for the costs ofmaintenance ofutility lines and for the costs ofrepair ofdamage 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 ofany 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 himselfor 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 ofthe Association.

Section II. ILLEGAL, OFFENSNE OR OBNOXIOUS ACTNITY. 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 ofany resident ofor 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, ifa Member ofthe 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 ofthe foregoing, no open fires shall be lightedor permitted on any Lot or on Common Area, except in a contained barbecue unit while attendedand 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 receivingdevice shall be erected,placed or maintainedon 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 .accordancewith the requirements ofPitkin County. All open areas situated between the groundand the floor ofthe 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 Propertyshallbe equipped with a fully operable fire extinguisher and smoke alarm.

Section 17. MAINTENANCE OF DRAINAGE. There shall be no interference with the established 'drainage pattern within the Property, except as is approved by the Board. Approval shall not be granted unless provision is made for adequate alternate drainage. The "establisheddrainagepattern" 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 ofany 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 ofgrass or weeds within and surrounding his Lot. Lawnirrigation 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 ofthe Property adjacent to each lot shall be maintained by each Member and kept clean ofvisible 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 ofany Lot except building materialsduring the course ofconstructionand only for such reasonable periods oftime as is necessary prior to the collection ofor 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) daysthereof, be moved in its entirety or restored in accordance with the specifications of the Board. The same conditions shall apply to the restoration ofany 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 ofPitkin County, Colorado. (b) no lot shall be used or occupied in any manner which is

.in violation ofthe terms and conditions ofthe approval for re-zoning subdivision ofthe property by Pitkin County, as reflected in Resolution Numbers 96-153, 98-39, 98-168, and 21-2000 ofthe Board ofCounty Commissioners ofPitkin 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 ofthe Master Deed Restriction, Occupancy and Re-sale Agreement for Lazy Glen Subdivision, recorded a Reception Number '165/,3 ~ , 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 ofAcceptance ofsuch Master Deed Restriction at the time ofpurchase 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 ofeach 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 ofa 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 F.Filesilazy Glen/Copoeate/Cwenents.l z.z J.01 12

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Board, or was not completed within six (6) months after the date ofapproval, 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-cornpliance against the Lot on which the non-compliance exists, may remove the non-complying improvement from the Lot, or may otherwise remedy the non­compliance, and the Owner shall reimburse the Association, upon demand, for all expenses incurred therewith. Ifsuch 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 ofthe two shall govern and control the decision ofthe 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 ofthe water supply, water distribution, and wastewater systems on the property that may be 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 ofgasoline 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 ofhigh 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 horne 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 ofall existing non-conformities with these Covenants, and with the provisions ofPitkin 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 ofthe 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 ofthe gross area ofthe 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 ofbuilding height in effect at the time ofbuilding permit issuance.

(1) The maximum building height for principal structures shall be 14 feet to the top ofeaves 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 ofthe 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, incompliance 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.

(0 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 roofis 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 hereofon his part to be performed, the Association and its assigns may, without notice in the case ofemergency or otherwise after ten (1 0) 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 ofthe 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 ofone or more ofthe 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 attorneys' 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, ifsuccessful 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 ofany mortgage or deed oftrust 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 ofCounty Commissioners is authorized to enforce any requirement of the Declaration that is also a condition of the County's subdivision approvals.

(d) Ifa Member shall fail to perform any ofthe 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 ofthe following remedies, or any other remedies at law or equity:

1) Upon the failure ofthe 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 ofthis Agreement; and the defaulting Member agrees that the Association may, at the Association's option, re-enter and take possession ofthe 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 ofthis remedy on one or more occasions shall not prevent the Association from resorting to one ofthe other remedies hereunder in the event of a subsequent default).

3) Upon failure ofany 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 ofthe 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) Ifa Member who owns a lot fails to perform any ofthe Covenants contained herein or to pay any ofthe sums when due hereunder, the Board may exercise all ofits 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 ofany 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 ofthe common elements (Association Property) may be conveyed or subjected to a security interest by the Association ifpersons entitled to cast at least sixty-seven percent (67%) of the votes F.FiJeslLazy GlenlCocporate/CCNenants.L2.1l.oI 18

in the Association, including sixty seven percent (67%) ofthe votes allocated to the Declarant, agree to that action. Proceeds of any such sale are on asset ofthe Association. The sales proceeds may be held by the Association for the benefit ofthe 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 ofeach Owner's interest in other portions ofthe 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 ofthe 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 ofunpaid common expenses and all costs, expenses and fees incurred by the Association;

(d) For payment ofjunior liens and encumbrances in the order of and to the extent oftheir 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 ofthe terms or provisions of this Declaration when circumstances such as topography, natural obstructions or hardship may require and, ifsuch variance is granted, no violation ofthe 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 ofthe 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. F.Filesllazy Glen/Caporate/Couenants.12.21.01 19

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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 ofthe 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 ofrepairs, 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 ofthe 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 ofthe 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 ofall ofthe 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 ofthe property which remains in the ownership ofthe 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. Ifany 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 ofthe Lots or an interest therein by virtue ofan Installment Land Contract or deed to a lot ofthe 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 ofthese 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 ofany dispute concerning any tenancy, including the enforcement ofthese rules and regulations, requiring the circumstances ofthe employment oflegal 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 PARHAL 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 ofthese 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 ofthecovenants,restrictionsandconditionsin theseCovenants shall be deemed independent and separate and the invalidation ofanyone shallnot affectthe validity and continued effect ofany 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 I ~j; (,-/ 2001.

LAZY GLEN HOMEOWNERS ASSOCIAnON, INC.

/·~k~_):;?f--By: 'Deborah Voigt ty---------­Preside

,.

STATE OF COLORADO ) ) ss.

COUNTY OF PITKIN )

The foregoingdocument was acknowledged and sworn to before me this .,jb lI-~of l.k 200I, by Deborah Voigt, President of the Lazy Glen Homeowners Association, Inc.

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EXHIBIT"A"

Legal Description Parcell

Those portions ofTracts 65 and 66 ofthe Independent Re- Survey ofTownship 8 South, Range 86 West ofthe 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 ofa curve to the left with a 'radius of2342 feet and the arch ofa 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 ofthe Roaring Fork River; Thence South 18'25' East 165.38 feet along the center ofthe 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 ofState Highway No. 82 whence the witness corner to the Southeast comer ofSection 21, Township 8 South, Range 86 West ofthe 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 ofthe 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 Corner 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 ofsaid State Highway No. 82 to the point of beginning.

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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 ofTract 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 ofsaid 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 ofsaid 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 ofsaid Tract 64 to Angle Point 2 ofsaid Tract 65, the point ofbeginning.

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 ofbeginning.

Pitkin County, State of Colorado

Notes on the Property Descriptions Parcell, 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.

F.Files/Lazy Glen/Ca"orate/CO\Ienants.12.21.0 I

1~I~BI~IIIIIIRI~1 :~~~l'I:~2" SILI/IR DAI/IS PITKIN COUNTY CO R 200.00 0 0.00

Illmlill ~I~I~ IIII m~~~~~,,~~ SILVI~ D~VIS PITKIN COUNTY CO R 2flfl.flfl D fl.fle

LAZY GLEN HOMEOWNERS ASSOC.

STORMWATER MANAGEMENT P~N

December 19, 1997

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.

Ills 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-of­way.

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 01 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

, EXHIBITIi= 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.

g) Discharges from the Lazy Glen site are to the Roaring Fork River.

2. Site Map

See Exhibit 2.

3. Best Management Practices for 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 SWMPspecifications 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 I I

L--_SCHMUESERC JIlllll'I1U ~I{ l?~~~{l~...J

j .

December 19, 1997 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 1CO-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 maintenanceof the permanent drainage facilities will be performed by the owners association of the park.

JH/)IlIl415$WMP

EXHIBIT 4 3/15

'---_SCHMUESI 1111111111111111111 :;~~::~rl~2$ SILVIA DAVIS PITKIN COUNTY CO R 2l'Je.l'Je 0 0.08

STANDARD SPECIFICATIONS FOR ROADS AND BRIDGES

(SOURCE: COLORADO DEPARTMENT OF HIGHWAYS)

1986 SECTION 107

SECTtON, , TEMPORARY EROSION CONTROL

107.25 Water Quality Control. The Contractor during the term of the contract, shall comply with the ·Colorado Water Quality Control Acr·, Title 25, Article 8, CRS and regulations promulgated thereunder, and to the following additional requirements In connection therewith:

[al Temporary Water Quality Control.

t , 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 cellulose, bark, wood chips. or other suitable material, and shall be reasonably clean and free of noxious weeds and deleterious materials.

Slope drains may be constructed of pipe, fiber mats. rubble, portland cement concrete, bituminous concrete, plastic sheeting or other acceptable materials.

3. CONSTRUCTION REQUIREMENTS. The Engineer may direct the 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.

Temporary pollution control may include construction work outside the right-of-way where such wcrk is necessary such as for borrow pits, haul roads and equipment storage sites. '

EXHIBIT 4 4/15 T~r:.1

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.

[bl Water Quality Management Requirements.

The Contractor shall perform the following requirements:

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 erosion 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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TEC·2

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 shaH be taken to avoid excess application and consequent intrusion of such chemicals.

8. Any anticipated change in discharge location andlor quantities shall be reported by submission of a written notice, prior to the change, to the Colorado Water Quality Control Division. If the change ts 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 at the cause of non-compliance, the period of non-eompliance, the anticipated time the non-eompliance 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.

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13. Measures shall be taken to prevent spilled fuels or lubricants from oo entering the watercourse. z

~e~~ 14. Areas suitable for vegetation shall be seeded or revegetated to prevent Q.

VI subsequent soil erosion. s g <I

:> EXHIBIT 4 6/15..J ___Ul

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 andlor 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.

Icl Measuremenr 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

EXHIBIT 4 7/15

TEC-4

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

[a] Covering. Covering shall consist of blankets with close weave mesh and nenings 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- j: 1 inch Length: 180 feet. average Weight per roll: 78 lbs. ±8 Ibs. Weight per sq.yd. .875Ibs. :t10% 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

~ !!!!!!!!!!!!!!! 0=0 approximately 90-pound rolled strips and shall meet the following ~ .... requirements:_z->-~ Length: Approximately 75 yards====8 _....~z Width: 48 II ± 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

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3. Paper Fabric. The blanket shall be smolder-resistant and shall consist of knitted. natural polypropylene yard fabricated in a uniform open weave having 14" 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. 10ft width· 400 sq. yd. Approximately 0.2 Ibs per sq. yd. 4-6 mil. opaque polyethylene bag.

4. Paper Rber Mulch Netting. Netting shall bea woven paper fiber material with open weave 2- x Yz" mesh size. Net fiber shall be 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: Length:

45- minimum 250 yards approximate

5. Plastic Mulch Netting. Nening 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

CONSTRUCTION REQUIREMENTS.

lbl Pins and staples shall be made of wire 0.'62- or larger in diameter. ·U" shaped staples shall have legs 8- long and a '" crown. ," shaped pins shall have a minimum length ot 8 - after bending. The bar of the -T- shall be at least 4- long with the single wire end bent downward approximately 3/4".

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213.08

(a) 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 soil. 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 slot. 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

EXHIBIT 4 9/15 SRC-2

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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 roU 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 railed out. A narrow trench should be dug across the slope perpendicular to the direction of flow. A piece at 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 across. at 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 soils with a light lawn roller or by a similar method.

leI 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.

EXHIBIT 4 10/15

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 12-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.

ldl 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 shaf,l be buried in a six-inch check slot atthe 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 at 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 form and "X" shape pattern.

[el Plastic Mulch Netting. Netting. shall 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 four­inch overlap.

EXHIBIT 4 11/15

SRC-4

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 alang 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 Soil 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

Soi( Retention Blanket (Excelsior) Square Yard Soil Retention Blanket (Jute) Square Yard Soil Retention Blanket (Paper) Square Yare! 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 21 3.

End of Section

EXHIBIT 4 12/15

---

SLOPES AI l.. I IA1 MINI' BENCHING

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CLEAR WATER DIVERSION , El

EXHIBIT 4 14/15

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EXHIBIT 4 15/15 I W11111 111111111 H:;;~~:'~r ,:'..,SILVIA DAVIS PITKIN COUNTY CO R 280.00 D 0.00