ARTICLES OF INCORPORATION
The undersigned persons acting as incorporators of a corporation under the Colorado Nonprofit Corporation Act, sign and acknowledge the following Articles of Incorporation for such corporation:
FIRST: The name of the corporation is GLACIER VIEW ROAD AND RECREATION ASSOCIATION.
SECOND: The period of its duration is perpetual.
THIRD: The purpose or purposes for which the corporation is organized are:
1. To operate and maintain roads, utilities, easements, water supply systems, sewage disposal systems, recreational facilities, lodges and buildings for the members and their guests, recreation and instruction of all kinds; to furnish and equip such facilities, to buy, sell, lease and exchange or encumber any and all real and/or personal property which may be necessary, advantageous or proper to carry out the objectives or purposes of the corporation and to provide the facilities for roads, water systems, recreational, civic and community projects and diversions of all kinds and descriptions for the health, welfare, entertainment and convenience of the members of the corporation and their guests.
2. To accept contributions and donations to the association for the improvement of the recreational facilities and the general civic good and community betterment of the individuals and groups; to make donations and contributions to charitable organizations and to assist in their charitable work.
3. To exercise all power and authority as may be necessary and/or proper to carry out the objectives and purposes above specified.
4. To borrow money and to make, issue, negotiate and deliver promissory notes, debentures, bonds, and other securities or evidences of indebtedness, and to secure payment thereof by mortgage, pledge or other encumbrance upon all or any part of the property or assets.
5. To buy, sell, convey, transfer and encumber or otherwise acquire or dispose of in any manner and to lease real or personal property as the board of directors may deem necessary.
FOURTH: The address of the initial registered office of the corporation is Greenwood Plaza Terrace, Englewood, Colorado 80110, and the name of its initial registered agent at such address is Donald B. Weixelman. (Arapahoe County)
FIFTH: Address of the principal office is Greenwood Plaza Terrace, Engle- wood, Colorado 80110.
SIXTH: The number of directors constituting the initial board of directors of
the corporation is five (5), and the names and addresses of the persons who are to serve
as the initial directors are:
JOHN P. ZAKOVICH, Greenwood Plaza Terrace, Englewood, Colorado 80110
DONALD B. WEIXELMAN, 3200 East Mulberry, Fort Collins, Colorado
0. J. HARVEY, 435 South 68th, Denver, Colorado 80302
WILLIAM C. MUTTER, River Bend Resort, Star Route, Box 530, Loveland, Colorado 80537
C. E. TOWNSEND, Gregory Road, Fort Collins, Colorado
SEVENTH: This Road and Recreation Association is established for the purpose of maintaining roads, open space, parks or other common facilities (hereinafter called "common facilities"), in the Glacier View Meadows Subdivisions. Said association shall perform said function in all subdivisions hereinafter designated as a Glacier View Meadows Subdivision; and which subdivisions adopt and incorporate this association into its covenants as recorded with the Clerk and Recorder of Larimer County, Colorado.
The rules and regulations of the County of Larimer at the time of the establishment of this association require the following:
In the event that this association shall fail to maintain the common facilities in a reasonable order and condition and in accordance with the original plan submitted with the final subdivision plat, the Board of County Commissioners for Larimer County may serve written notice upon this organization or upon the residents of this subdivision involved, setting forth a manner in which the association has failed to maintain the facility in a reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon, which shall be held within 14 days of said notice. At such hearing, the county may modify the terms of its original notice as to the deficiency, and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof are not cured within said 30 days or any extension thereof, the county in order to preserve the taxable values of the property contained within the subdivision, and to prevent the common facilities from becoming a public nuisance and public liability, may undertake to maintain the same for a period of a year. Before the expiration of said year, the county, upon its initiative or upon the written request of the association theretofore responsible for the maintenance of the common facility, may call a public hearing upon notice to such association and to the residents of the subdivision involved, to be held by the Board of County Commissioners, at which hearing such association or the residents of the subdivision shall show cause why such maintenance by the county shall not, at the election of the county, continue for a succeeding year. If the Board of County Commissioners shall determine that such association is ready and able to maintain said common facility in a reasonable condition, the county shall cease to maintain said common facility at the end of said year. If the Board of County Commissioners shall determine such organization is not ready and able to maintain such common facility in a reasonable condition, the county may, in its discretion, continue to maintain said facility during the next succeeding year subject to a similar hearing and determination in each year thereafter.
The cost of such maintenance by the county shall be paid by the owners of the properties within the subdivision that have a right to enjoyment or use of the common facility involved, and any unpaid assessment shall become a tax lien upon said property. The county shall file a notice of such lien in the office of the County Clerk and Recorder upon the property affected by such lien within the subdivision, and shall certify such unpaid assessments to the County Treasurer for collection, enforcement and remittance in the manner provided by law for the collection, enforcement and remittance of general property taxes.
This association shall provide for:
1. Adequate funding and means of enforcement;
2. Continuous safety inspections and immediate follow-up maintenance to correct unsafe conditions;
3. The receiving and processing of complaints;
4. Regular maintenance program where required for roads, parks, buildings and other mutually owned facilities.
This association, not withstanding the provisions of any covenant of Glacier View Meadows Subdivision or any other provision of these articles of incorporation, or of the bylaws of this association may not be dissolved without the prior permission of the Board of County Commissioners.
EIGHTH: The incorporators are as follows:
John P. Zakovich
Greenwood Plaza Terrace
Englewood, Colorado 80110
Donald B. Weixelman
3200 East Mulberry
Fort Collins, Colorado 80521
0. J. Harvey
435 South 68th
Boulder, Colorado 80302
STATE OF COLORADO )
COUNTY OF LARIMER )
I, John E Kachenburger, a notary public, hereby certify that
that on 29th day of January, 1973, personally appears before me John P. Zakovich, Donald B. Weixelman, and 0. J. Harvey, who being by me first duly sworn, severally declared that they are the persons who signed the foregoing document as Incorporators, and that statements therein contained are true.
In witness whereof, I have hereunto set my hand and seal this 29th day of January, 1973.
My commission expires: 1-3-74
John E. Kachenburger
Amendment: The following amendment to the Articles of Incorporation of the Glacier View Road and Recreation Association was approved by a vote of the membership at the Annual Meeting on July 9, 1988.
Amendment to the Articles of Incorporation of the Road & Recreation Association by the Addition of a section to read as follows:
No director, officer or member of any committee of the Association shall be personally liable to the Association or to any member for monetary damages for breach of fiduciary duty as a director, officer or member of any committee of the Association; except that nothing herein shall be deemed to eliminate or limit the liability of any director, officer or committee member of the Association or to its members for monetary damages for: any breach of duty of loyalty to the Association or its members; acts or omissions not in good faith or which involve intentional misconduct of a knowing violation of law; loans from the Association to any director, officer or committee member; or any transaction from which any director, officer or committee member derived an improper personal benefit.
Note: The above document was optically scanned from a copy of the signed original Articles of Incorporation and a copy of the Amendment that was approved by the membership on 7/88. They were both edited to ensure an accurate representation of the original documents (except for signatures), which are typed, by Jim Chisholm on 12/3/01.