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RESOLUTION
RE: ACTION OF BOARD CONCERNING PROBABLE CAUSE HEARING TO CONSIDER
REVOCATION OF A USE BY SPECIAL REVIEW PERMIT, 943 -WINDSOR SHORES,
INC., % LARRY ECKEL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on September 30, 1998, a Probable Cause Hearing was conducted to
consider revocation of a Use by Special Review Permit, #943, issued to Windsor Shores, Inc.,
Larry Eckel, P.O. Box 8236, Longmont, Colorado 80501, and
WHEREAS, Windsor Shores, Inc., % Larry Eckel is the owner of the facility located on
property described as part of the Part of Sections 27, 28, 33 and 34, Township 7 North, Range
67 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, at said hearing of September 30, 1998, the Planning staff advised the Board
that Windsor Shores, Inc., % Larry Eckel is now in compliance, and the Board deemed it
advisable to dismiss said matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing concerning revocation of Use by Special
Review Permit, 943, issued to Windsor Shores, Inc., % Larry Eckel, be, and hereby is,
dismissed.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 30th day of September, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE7 COUNTY, COLORAD
ATTEST: Afite *4,T:.ts K Ste
Constance L. Harbert, Chair
Weld County Clerk tp he
s_
leg ,QJ`-'C/r,c
6-7
(r �_TT W. H. ebst r, o-Tem
BY: /?/[� `3i!e�� �< _ ; Z. /Js£
Deputy Clerk to the
e g. Baxter
O D A FORM:
Dale K. Hall
ounty Attor ey e
Barbara J. Kirkmeyer
981819
PL0837
Fa Ae/ (21/1
6 MEMORANDUM
To: Board of County Commissioners September 28, 1998
WipeFrom: Sharyn Frazer, ACEO, Zoning Compliance Officer, Dept. of Planning Services
COLORADO Subject: Probable Cause Hearing, Windsor Shores- USR-943 (ZCH-005)
The applicant and the individuals alleged not to have been permit holders responsible for following the rules of
the reservoir and have entered into a stipulation for a preliminary injunction which has been adopted as an Order
of the Court. The Order,which will remain in effect until a full trial on the merits of the case, provides that those
individuals will be permit holders and follow the rules of the reservoir. The basis for commencing the violation
was not that there were specific incidents of misconduct but rather that there was a question whether those
individuals were permittees and were aware of the rules. The application represented only permittees would be
allowed to use the facility in accordance with the rules of the reservoir. Because the Court Order appears to
resolve the issue of use of the facility at this time, Planning and legal staff recommend that the probable cause
proceeding be dismissed without prejudice at this time.
I EXHIBIT
SERVICE,TEAMWORK.INTEGRITY,QUALITY
Sep. 29. 1998 3:30PM ALEXANDER/CRABTREE No. 2438 P. 2/2
From:5114
Ile ALEXANDER & CRABTREE, P.C. 21616°MEET
G!COUNS> LORS AT 1 AW SUM 1300
DENVER CO 80202
IN:303.621.7307
EX:303.1125.3202
balexand@alexcrab.C m
September 29, 1998
Lee D.Morrison, Esq. VIA FACSIMILE ONLY
Assistant County Attorney 970-352-0242
Weld County Attorney's Office
915 Tenth Street
Post Office Box 1948
Greeley, Colorado 80632
Re: September 30, 1998 Probable Hearing/Windsor Shores—USR 943 (ZCH-005)
Dear Lee:
We have received a copy of the memorandum from Sharyn Frazer to the Board of County
Commissioners dated September 28, 1998 with regard to the above-referenced probable cause
hearing. On behalf of Windsor Shores,we wish to advise you that they fully concur with the staff's
memorandum and the recommendation.
Based upon my recent conversation with you as well as your conversation with Connie Eckel, and
in light of the staff recommendation, we understand that there is no need for a representative of
Windsor Shores to attend the bearing scheduled for September 30 before the Board of County
Commissioners at 9:00 a.m. and therefore no one will attend on its behalf.
We also wanted to advise you that the Windsor Shores facilities will be closed at the end of the
October 3-4, 1998 weekend until approximately April, 1999.
Thank you for communicating the memorandum to me and the follow-up telephone call.
Very truly yours,
ALEXANDER & CRABTREE, P.C. , , oCA
Y
B Y.I
C. Scott Crabtree rn
tal
CSC/jn
cc: Windsor Shores(via facsimile)
G:ICLIENi15114\MORRISON)LTRWPD
EXHIBIT
‘tif evolkr
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-6100, EXT.3540
•
111 ' FAX (303) 352-6312
C WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE GREELEY, COLORADO 80631
COLORADO
August 18, 1998
Larry B. Eckel, President
Windsor Shores, Inc.
P.O. Box 8236
Longmont, CO 80501
Subject: ZCH-98005, VI-9800127, Part of Sections 27, 28, 33 and 34, T7N, R67W of the 6th P.M., Weld
County, Colorado.
Dear Mr. Eckel:
Notice is hereby given that on September 30, at 9:00 a.m., or as soon thereafter as the agenda of the Board of
County Commissioners permits,the Board of County Commissioners of Weld County will hold a Probable Cause
public hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in
the Commissioner's Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado.
The purpose of this public hearing will be to review Case Number ZCH-98005, for compliance with the
application materials as approved by the Board of County Commissioners on May 15, 1991, to determine if
probable cai:=e exists to hold a hearing on revocation of USR-943.
Inspection by representatives of the Department of Planning Services have identified that you are not in
compliance with the application materials as follows: persons using the facility who do not hold an annual permit
and/or who have not been found capable of safe and compatible conduct at a lake and water sports facility.
If it is determined at the public hearing that there is probable cause that you are not in compliance with the
application materials, as stated,the Board of County Commissioners will schedule a Show Cause public hearing
to consider revocation of the Use by Special Review permit. If you have any questions regarding this matter,
please give me a call.
Sincerely,
haryn Fraz r,ACED
Zoning Compliance Officer
pc: Lee Morrison, Assistant County Attorney
VI-9800127
SERVICE,TEAMWORK,INTEGRITY,QUALITY
PERMITS Id: ACTP125 Keyword: AACT User: SFRAZER 08/17/98
Activity Table Processing Violation
Permit No: VI-9800127 Applicant: WINDSOR SHORES INC
Status: COMPLNT Address: 9227 WCR 74 WEL
Type: VIO Vers: 9601 Screen: 01
Base Information
Parcel No: 0705 34 000023
Owner: WINDSOR SHORES INC
Status: COMPLNT Written By: SEF Sec/Twn/Rng: 34 07 67
Description: NONCOMPLIANCE WITH APPLICATION MATERIALS
Location: 9227 WCR 74
Zoning Dist: A Permit Num:
App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD V10 'lacy + vi")
Class Code: VI-20
noncompliance USR
Complaint: 8/17/1998 Init: SEF NO VI: / / Init:
5 Day Letter: / / Init:
Issued: 8/17/1998 'nit: SEF
Inspection: / / Init:
BCC Vio: / / Init:
Court: / / 'nit:
Closed BCV: / / Init: Closed VI: / / Init:
Enter Table Screen Number: 2 or ESC=Exit Table Processing F1=List Screens
PERMITS Id: ACTP124 Keyword: AACT User: SFRAZER 08/17/98
Activity Full Description Maintenance Violation
Permit No: VI-9800127 Applicant: WINDSOR SHORES INC
Status: COMPLNT Address: 9227 WCR 74 WEL
Full Work Description
Description: Page No: 1
NONCOMPLIANCE WITH APPLICATION MATERIALS
RE: MEMBERSHIP FEE ANNUALLY REQUIRED.
F2=Next Page, F3=1ST Page, F4=Prev Page, F7=Update, ESC=Exit Desc Maint
-€ ALEXANDER & CRABTREE, P.C.
ATTORNEYS&COUNSELORS AT LAW 216 16"'STREET
SUITE 1300
DENVER,CO80202
PH:303.825/307
FX:303.825.3202
halexand@alexerab.com
August 27, 1998
Ms. Sharyn Frazer, ACED Weld County Planning Dept.
Zoning Compliance Officer
Department of Planning Services AUG 2
Weld County Administrative Offices 1998
1400 North Seventeenth Avenue �p,E. ___ ����D
Greeley, Colorado 80631
Re: Windsor Shores Reservoir/USR-943
Dear Ms. Frazer:
This letter is in response to your letter of August 18, 1998 to Mr. Larry Eckel, regarding the
scheduling of a hearing on September 30, 1998 for possible determination of probable cause that
Windsor Shores is not in compliance with the permit. More specifically, your letter references
persons using the facility who do not hold an annual permit and/or who have not been found capable
of safe and compatible conduct at a lake and water sports facility.
Please be advised that on the same day I received a copy of your letter to Mr. Eckel, I wrote a letter
to John Barry,counsel for Plaintiffs in a lawsuit against Windsor Shores,who have stated under oath
that, as reservoir users, they are not permit holders or licensees and are not subject to Windsor
Shores' rules and regulations. We provided him a copy of your letter of August 18, 1998. In my
letter, we specifically demanded that Mr. Barry's clients immediately sign and deliver to us sworn
statements indicating that their status as users of the reservoir is as permit holders and/or licensees,
and reciting their agreement to be bound by the applicable rules and regulations in place at Big
Windsor Reservoir. Mr. Barry has advised us in writing that his clients refuse to sign or deliver any
statements reflecting that their status as users of the reservoir is as permit holders and/or licensees,
or that they are bound by the rules and regulations promulgated by Windsor Shores for use of the
reservoir.
In light of that refusal and the fact that it potentially places Windsor Shores in the position of loss of
its Use by Special Review, we have filed a motion with the court to amend our counterclaim against
the Plaintiffs asserting that they are in breach of contract, namely that they have breached the terms
of their License Agreements which they signed in 1991, where they acknowledged their status as
licensees and agreed to be bound by the rules and regulations. Additionally,we have asked the court
G:\CLIENT\5114\FRAZER LTR.WPD PD
ALEXANDER&CRAMER P.C.
ATTORNEYS&COUNSELORS AT LAW
Ms. Sharyn Frazer, ACED
Zoning Compliance Officer
Department of Planning Services
Weld County Administrative Offices
August 27, 1998
Page 2
to enter preliminary and permanent injunctive relief which, if ultimately granted, should provide
protection to Windsor Shores against the unauthorized use by persons who are not permittees or
licensees or claim that they are not subject to the rules and regulations of Windsor Shores. A copy
of our motion to amend our counterclaim and the proposed Amended Counterclaim, without
attachments, are enclosed for your review.
We will continue to keep you updated and apprised of developments in this regard. We will certainly
advise you of the status of matters prior to the scheduled September 30, 1998 hearing concerning this
special use permit. If you have any questions, please do not hesitate to contact me. Thank you.
Very truly yours,
ALEXANDER & CRABTREE, P.C.
By:
,44 --
C. Scott Crabtree
CSC/jn
Enclosures
cc: Windsor Shores (without enclosures)
Lee Morrison, Esq. (with enclosures)
G:\CLIENT\5114\FRAZER LTR.WPD PD
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No. 98 CV 394, Courtroom/Division 1
DEFENDANT'S MOTION FOR LEAVE TO FILE A VERIFIED AMENDED
COUNTERCLAIM
DOUG BADER, KEN BOGLINO, MIKE DUCKER, LARRY HOWERTER, CAROLYN
TAYLOR, DARRELL TAYLOR, DIANE TAYLOR and KEITH TAYLOR,
Plaintiffs,
v.
LARRY ECKEL and WINDSOR RECREATIONAL ENTERPRISES, LTD., d/b/a WINDSOR
SHORES, a Colorado corporation,
Defendants.
Defendant Windsor Recreational Enterprises, Ltd., d/b/a Windsor Shores ("Windsor Shores"),
by its counsel, Alexander & Crabtree, P.C., pursuant to C.R.C.P. Rule 15, hereby moves this
Court for an Order granting Defendant leave to file a Verified Amended Counterclaim in this
matter. As grounds therefor, Defendant states as follows:
1. Defendant filed its original Answer and Counterclaim on or about May 1, 1998. An
Answer to Plaintiffs' Amended Complaint and a Counterclaim was filed June 15, 1998.
2. On June 23 and 25, 1998, Defendant's counsel took the depositions of Plaintiffs Keith
Taylor, Larry Howerter, Michael Ducker, Carolyn Taylor, Kenneth Boglino, Darrell
Taylor and Douglas Bader in this action.
3. During the deposition of various Plaintiffs, they surprisingly testified, inter alia, under
oath that they were not permit holders or licensees in order to use the Big Windsor
Reservoir, and Plaintiffs further testified they were not subject to the rules and regulations
published by Windsor Shores, Inc. for use of the reservoir.
4. The lease entered into between Windsor Shores, Inc., as lessee, and Windsor Reservoir
& Canal Company, as lessor(the "I past"), provides, inter alia, at paragraph 16 that only
permit holders may use the reservoir. Paragraph 14 of the Lease provides, inter alia, that
G:\CLIENT5114\AMEND COUNTERCLAIM.WPD
DATE
COPY TO
Windsor Shores shall pass rules and regulations applicable to permit holders of the
reservoir. Paragraph 20(b) of the lease provides that in the event of a breach of the lease,
the lessor may terminate the lease, retain all rent paid, recover its costs and damages, and
in addition recover $10,000 of liquidated damages.
5. On or about August 12, 1998, Windsor Shores, Inc. received a letter from legal counsel
for the lessor indicating that they were aware that users at the reservoir were claiming they
were not permit holders or licensees in order to use the reservoir and not subject to the
rules and regulations. They expressed further concern about ongoing non-compliance with
the rules and regulations of the reservoir and declared that such violations could result in
termination of the lease. The letter imposed a deadline for Windsor Shores to advise the
lessor of steps being taken to remediate the problem.
6. By letter dated August 13, 1998, counsel for Windsor Shores provided Plaintiffs' counsel
with a copy of the lessor's counsel's letter and demanded that the Plaintiffs acknowledge
their status as permitees and license holders and their agreement to be bound by the
applicable rules and regulations, and failing same Windsor Shores would take all steps
necessary to protect its lease and the interests of the licensees, the lessee and its
shareholders. Plaintiffs have refused to comply with.the demand.
7. On August 18, 1998, the Department of Planning Services for Weld County, Colorado,
mailed a letter to Larry B. Eckel, as President of Windsor Shores, Inc., providing notice
that on September 30, 1998 at 9:00 a.m., the Board of County Commissioners of Weld
County will hold a public hearing to determine if probable cause exists to hold a hearing
on revocation of Windsor Shores' Use by Special Review, USR-943.
8. The Weld County letter further indicates that inspection by representatives of the
Department of Planning Services has identified non-compliance with permit application
materials, namely that persons are using the facility who do not hold an annual permit
and/or who have not been found capable of safe and compatible conduct at a lake and
water sports facility. The letter closes by stating that if there is probable cause to
determine non-compliance, the Board of County Commissioners will schedule a show
cause public hearing to consider revocation of Windsor Shores' Use by Special Review
Permit.
9. On August 18, 1998, counsel for Windsor Shores provided Plaintiffs' counsel with a copy
of Weld County's letter and again demanded that Plaintiffs acknowledge their status as
permitees and license holders and their agreement to be bound by the applicable rules and
regulations, and that if failing same, Windsor Shores would take all steps necessary to
protect its permit in the interest of Windsor Shores, licensees and shareholders. Plaintiffs
have stated through counsel that they refuse to comply with the demand.
G:ICLIENT5I 141AMEND COUNTERCLAIM.WPD 2 •
10. These are events which have transpired since the Defendant's prior filing of an Amended
Answer and Counterclaim, and were not previously known to Defendant.
11. The parties have concurred through the filing of an agreed-upon Case Management Order
that amendments to pleadings may be made through and including November 1 1998. No
trial date has yet been set and discovery remains open. No undue prejudice will be created
by permitting the Amended Counterclaim. Rule 15, C.R.C.P., favors the granting of such
motions where it will not delay trial and good cause is shown.
12. The undersigned counsel certifies that he has conferred with Plaintiff's counsel regarding
this motion who has stated that he does not consent to the filing of the Amended
Counterclaim, although no specific basis for non-consent was given.
13. A true and correct copy of the proposed Verified Amended Counterclaim is attached hereto
as Exhibit 1.
WHEREFORE, for all the foregoing reasons, Defendant respectfully moves this Court for an
Order permitting it to file its Verified Amended Counterclaim herein.
DATED th} V'day of August, 1998.
ALEXANDER & CRABTREE, P.C.
By: a
C. Scott Crabtree, #2261
Stephen Fitzsimmons, #23182
216 16'" Street, Suite 1300
Denver, Colorado 80202-5127
Telephone: (303) 825-7307
Attorneys for Defendant Windsor Shores, Inc.
G:\CLn;Ni15114\AMEND CDUNTERCLAIM.WPD 3
CEERRTIIFFICATE OF SERVICE
I hereby certify that on thi ' ' da`y of August, 1998, a true and correct copy of the foregoing
DEFENDANTS' MOTION FOR LEAVE TO FILE AN VERIFIED AMENDED
COUNTERCLAIM was placed in the United States Mail, first-class postage prepaid, properly
addressed as follows:
Windsor Shores, Inc.
Post Office Box 8236
Longmont, Colorado 80501
John J. Barry, Esq.
Witwer Oldenburg Barry &Bedingfield, LLP
822 Seventh Street, Suite 760
Greeley, Colorado 80631
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No. 98 CV 394, Courtroom/Division 1
DEFENDANT WINDSOR SHORES' VERIFIED AMENDED COUNTERCLAIM
. DOUG BADER, KEN BOGLINO, MIKE DUCKER, LARRY HOWERTER, CAROLYN
TAYLOR, DARRELL TAYLOR, DIANE TAYLOR and Kht7H TAYLOR,
Plaintiffs,
v.
LARRY ECKEL and WINDSOR RECREATIONAL ENTERPRISES, LTD., d/b/a WINDSOR
SHORES, a Colorado corporation,
Defendants.
Defendant Windsor Recreational Enterprises, Ltd., d/b/a Windsor Shores ("Windsor Shores"),
by its counsel, Alexander & Crabtree, P.C., for a Verified Amended Counterclaim against
Plaintiffs, states and avers as follows:
1. Windsor Shores is a Colorado corporation with its principal offices in Boulder County,
Colorado.
2. Plaintiffs are parties to License Agreements between them and Windsor Shores, the
licenser. True and correct copies of the License Agreements are attached hereto as
Exhibits A-1 through A-5. Pursuant to the License Agreements, Plaintiffs were permitted,
inter alia, to have the right and privilege of using, subject to its terms and conditions, and
the regulations of Windsor Shores, the space and facilities at the Big Windsor Reservoir.
3. Plaintiffs are owners of stock of Windsor Recreational Enterprises, Ltd. and are parties
to a Stock Purchase Agreement and Shareholder's Agreement of Windsor Recreational
Enterprises, Ltd., both dated October 15, 1991. A true and correct copy the Stock
Purchase Agreement is attached hereto as Exhibit B. A true and correct copy of the
Shareholder's Agreement of Windsor Recreational Enterprises, Ltd. is attached hereto as
Exhibit C.
G:\CLIENTS 114\AMENDED COUNTERCLAIM.W PD
4. Windsor Shores initially leased the Big Windsor Reservoir from Windsor Reservoir and
Canal Company for the period of time 1990 through December 31, 1997, with a one (1)
time option to renew the lease for another five (5) years. A true and correct copy of the
Big Windsor lease ("T pace") is attached hereto as Exhibit D. Windsor Shores, pursuant
to a notice to exercise an option to renew the J pace, extended the J Pace with Windsor
Reservoir and Canal Company through and including December 31, 2002.
5. In approximately February, 1991, Larry B. Eckel, as President of Windsor Shores, Inc.,
filed an Application for Use by Special Review for a private recreational facility at the
Windsor Reservoir, also known as Big Windsor. As part and parcel of that Application,
Wmdsor Shores submitted various required documentation including the proposed use,site
plan, rules and regulations, building elevations and other documentation.
6. After numerous public hearings before the Weld County Board of County Commissioners,
the Board approved the request of Windsor Shores for a Site Specific Development Plan
and Special Review Permit for a private recreational facility. A copy of the text portion
of the Site Specific Development Plan as recorded with the Clerk and Recorder of Weld
County is attached hereto as Exhibit E.
7. Windsor Shores provides a total of approximately one hundred (100) spaces to be licensed
to users at the Big Windsor Reservoir. In order to use and/or occupy space at the Big
Windsor Reservoir, users are required to enter into a license agreement with Windsor
Shores.
8. During the period of time from 1992 through August, 1998, all licensees for the space and
use of the Big Windsor Reservoir, with the exception of these Plaintiffs, paid a'license fee,
which fee ranged from $750 to $1,500/year from 1991-1997, and from $800-$1,600 in
1998 under a schedule of fees for annual use of the premises.
9. In March, 1998, Plaintiffs, as shareholders of Windsor Shores, were given proper advance
notice of the annual shareholders meeting.
10. At the Windsor Shores' shareholders meeting in March, 1998, the Board of Directors was
elected. At the Board of Directors meeting, a resolution was duly made, seconded and
passed to assess a license fee on all users, including shareholders and reservoir company
employees, for the privilege to use Big Windsor Reservoir.
11. Pursuant to the board resolution, in March, 1998, Windsor Shores, through its President,
Larry Eckel, notified Plaintiffs of their obligation to pay a license fee to occupy and use
Big Windsor Reservoir.
G:\CLENIn5114\AMENDED COUNTERCLAIM.WPD 2
12. Despite promises to pay the license fees and representations that the fees would be sent by
mail, none of the Plaintiffs paid the license fee for the privilege to use the Big Windsor
Reservoir for the year 1998.
13. Instead of making payment, Plaintiffs,by and through their counsel, filed a lawsuit against
Larry B. Eckel as an officer and director of Windsor Shores and against Windsor Shores
seeking, inter alia, a preliminary and permanent injunction, an order for inspection of
corporate records and a decree setting aside certain distributions and loans.
14. At all times relevant to these allegations, Larry B. Eckel was acting in his capacity as an
officer and director of Windsor Shores.
15. On June 23 and June 25, 1998, counsel for Defendant Windsor Shores took the depositions
of Plaintiffs Keith Taylor, Larry Howerter, Michael Ducker, Carolyn Taylor, Kenneth
Boglino, Darrell Taylor and Douglas Bader in this action. During the depositions of
various Plaintiffs, they surprisingly testified under oath, inter alia, that they were not
permit holders or licensees in order to use the Big Windsor Reservoir and that they did not
believe themselves to be subject to the rules and regulations published by Windsor Shores
for use of the reservoir.
16. The I pace provides, inter alia, at paragraph 16 that only permit holders may use the
reservoir. Paragraph 14 of the I ease provides, inter alia, that Windsor Shores shall pass
rules and regulations applicable to permit holders of the reservoir. Paragraph 20(b) of the
lease provides that in the event of a breach of the lease, the lessor may terminate the
Lease, retain all rent paid, recover its costs and damages, and in addition recover$10,000
of liquidated damages.
17. On or about August 12, 1998, Windsor Shores, Inc. received a letter from legal counsel
for the lessor, a true and correct copy of which is attached hereto as Exhibit F indicating,
inter alia, that they were aware that users at the reservoir were claiming they were not
permit holders or licensees in order to use the reservoir and not subject to Windsor Shores'
rules and regulations. The letter expressed further concern about ongoing non-compliance
with the rules and regulations of the reservoir and declared that such violations could result
in termination of the lease. The letter imposed a deadline for Windsor Shores to advise
the lessor of steps being taken to remediate the problem.
18. By letter dated August 13, 1998, counsel for Windsor Shores provided Plaintiffs' counsel
with a copy of the lessor's counsel's letter and demanded that the Plaintiffs acknowledge
their status as permitees and license holders and their agreement to be bound by the
applicable rules and regulations, and failing same Windsor Shores would take all steps
necessary to protect its lease and the interests of the licensees, the lessee and its
shareholders. Plaintiffs' counsel responded by letter dated August 18, 1998, reciting that
Plaintiffs refused to comply with the demands of the August 13, 1998 letter.
G:\CLIENT\5114\AMENDED COUNTERCLAIM.WPD 3
19. On August 18, 1998, the Department of Planning Services for Weld County, Colorado,
mailed a letter to Larry B. Eckel, as President of Windsor Shores, Inc., providing notice
that on September 30, 1998 at 9:00 a.m., the Board of County Commissioners of Weld
County will hold a public hearing to determine if probable cause exists to hold a hearing
on revocation of Windsor Shores' Use by Special Review, USR-943. A true and correct
copy of that letter is attached hereto as Exhibit G.
20. The Weld County letter further indicates that inspection by representatives of the
Department of Planning Services has identified non-compliance with permit application
materials, namely that persons are using the facility who do not hold an annual permit
and/or who have not been found capable of safe and compatible conduct at a lake and
water sports facility. The letter closes by stating that if there is probable cause to
determine non-compliance, the Board of.County Commissioners will schedule a show
cause public hearing to consider revocation of Windsor Shores' Use by Special Review
Permit.
21. On August 18, 1998, counsel for Windsor Shores provided Plaintiffs' counsel with a copy
of Weld County's letter and again demanded that Plaintiffs acknowledge their status as
permitees and license holders and their agreement to be bound by the applicable rules and
regulations, and that if failing same, Windsor Shores would take all steps necessary to
protect its permit in the interest of Windsor Shores, licensees and shareholders. Plaintiffs
have stated through counsel that they refuse to comply with the demand.
FIRST CLAIM FOR RELIEF
(Indemnification)
22. Windsor Shores incorporates paragraphs 1 through 21 of the Verified Amended
Counterclaim above as if fully set forth herein.
23. Pursuant to the license agreement, Plaintiffs agreed to indemnify Windsor Shores against
all actions, claims, demands, liabilities and damages, including, but not limited to,
attorneys' fees expended which may be imposed upon or incurred by Windsor Shores as
a consequence of or arising out of the use of the licensed premises by the licensee, its
family, employees or guests.
24. As a direct result of Plaintiffs' use of the licensed premises, Plaintiffs have maintained this
action against Windsor Shores which has caused Windsor Shores to be exposed to claims,
demands, liabilities and damages as well as attorneys' fees from the maintenance of this
action for which licensees agreed to indemnify Windsor Shores.
G:\CUENTl5114\AMENDED COUNTERCLAIM.WPD 4
25. As a direct result of Plaintiffs' use of the premises, Windsor Shores has been exposed to
claims, liabilities and damages as evidenced by the letters from the lessor, Windsor
Reservoir & Canal Company, and Weld County.
26. Windsor Shores is entitled to recover reimbursement from Plaintiffs for alt liabilities,
damages, attorneys' fees or other costs incurred by it as a result of the maintenance by the
Plaintiffs of the within litigation, any action by Windsor Reservoir & Canal Company to
terminate the Inv., and proceedings by Weld County to revoke the permit.
SECOND CLAIM FOR RELIEF
(Declaratory Judgment)
27. Windsor Shores incorporates paragraphs 1 through 26 of the Verified Amended
Counterclaim above as if fully set forth herein.
28. Plaintiffs were, at best, licensees pursuant to License Agreements entered into between the
Plaintiffs and Windsor Shores for the privilege of using the Big Windsor Reservoir. True
and correct copies of the License Agreements are attached hereto as Exhibits A-1 through
A-5 and incorporated herein.
29. Under the license agreement, Windsor Shores reserved the right to terminate the
permission granted under the license agreement at any time without notice to the licensee.
The license agreement further stated that in the event Windsor Shores terminated
permission given thereunder, for any reason, Windsor Shores agreed to refund the license
fee to the licensee based upon fifty percent(50%) of the prorated fees for the unused term.
Plaintiffs, as licensees, further acknowledged that Windsor Shores reserved the right to
revoke the license at any time and indicated that they had read, understood and agreed to
abide by all responsibilities contained in the license agreement.
30. In March, 1998, after these Plaintiffs refused to pay their license fees, Windsor Shores
attempted to revoke their license to use the subject property. Plaintiffs refused to
acknowledge and honor the revocation disputing the authority of Windsor Shores to revoke
their license, and proceeded to Court to obtain an injunction and mandatory injunctive
relief to allow them to remain on the subject premises without any obligation to ever pay
any fee related thereto. At the close of the preliminary injunction hearing on April 6,
1998, the Court found that Plaintiffs were "members from 1991 through 1997. . . . the
fact that they didn't pay a fee does not make them non-members . . . By the Defendants'
own testimony, and the lease with the Reservoir Company, only members could use the
facility. So I think it's pretty clear that they [Plaintiffs] were treated and considered as
members for all those years." Plaintiffs now claim that they are not licensees or permit
holders and not subject to the rules and regulations governing use of the reservoir facility.
G:\CLIENR$114\AMENDED COUNTERCLAIM.wPD 5.
31. On or about October 15, 1991, when Plaintiffs purchased their stock in Windsor Shores,
they entered into a Stock Purchase Agreement and a Shareholder's Agreement of Windsor
Recreational Enterprises, Ltd. A true and correct copy of the Stock Purchase Agreement
is attached hereto as Exhibit B and incorporated herein. A true and correct copy of the
Shareholder's Agreement is attached hereto as Exhibit C and incorporated herein.
32. The Stock Purchase Agreement clearly sets forth the sole consideration for the payment
of$4,000 by the Plaintiffs as being the issuance of stock of Windsor Shores. The Stock
Purchase Agreement executed by the Plaintiffs states at paragraph 7, "This Agreement and
the Shareholder's Agreement executed simultaneously herewith constitute the entire
agreement between the Corporation and the Stockholders and they may not be modified
or terminated except in writing signed by all parties hereto."
33. Notwithstanding the clear and specific terms of the Shareholder's Agreement and the Stock
Purchase Agreement, Plaintiffs now claim that in return for their purchase of stock in
Windsor Recreational Enterprises, Ltd., they acquired something more than stock of
Windsor, including, but not limited to, a perpetual right, without any obligation to pay a
license fee, to occupy and use the Big Windsor Reservoir.
34. A dispute has arisen between the parties concerning the rights and responsibilities under
the various written agreements. Windsor Shores seeks a declaration of the rights of the
parties pursuant to the License Agreements, the Stock Purchase Agreement, the
Shareholder's Agreement of Windsor Recreational Enterprises, Ltd., and Plaintiffs'
entitlement to continued use of the reservoir if they are not licensees or permit holders.
THIRD CLAIM FOR RELIEF
(Quantum Meruit)
35. Windsor Shores incorporates paragraphs 1 through 34 of the Verified Amended
Counterclaim above as if fully set forth herein.
36. In the event it is determined there is no written agreement between the parties regarding
the use and occupation of the subject properties, Windsor Shores has permitted Plaintiffs
to occupy and use the subject premises at Big Windsor Reservoir with the reasonable
expectation that it would be paid the value for such use.
37. Plaintiffs accepted the continued privilege of the use of the subject space and facilities at
Big Windsor Reservoir expecting to pay for them, or under such circumstances that they
knew as a reasonable person that Windsor Shores expected to be paid, or under such
circumstances that it would be inequitable for Plaintiffs to retain the benefit without
payment for its value.
C:\CLIEN 15114\AMENDED COUNTERCLAIM.wPD 6
38. The reasonable value of the privilege to use and occupy the subject premises at Big
Windsor Reservoir for each Plaintiff is not less than$1,250 for each year of permitted use.
FOURTH CLAIM FOR RELIEF
(Breach of Contract)
39. Windsor Shores incorporates paragraphs 1 through 38 of the Verified Amended
Counterclaim above as if fully set forth herein.
40. Windsor Shores entered into agreements with Plaintiffs pursuant to License Agreements
wherein licensees acknowledged, inter alia, that they were using the reservoir as a result
of the issuance of the License Agreement and also specifically agreed to be bound by the
rules and regulations of Windsor Shores with regard to the use and enjoyment of the
reservoir.
41. Plaintiffs have breached the terms of the License Agreement by now contending they are
not licensees or permitees in order to use the reservoir, and that they are not subject to the
rules and regulations promulgated by Windsor Shores with regard to the use of the
reservoir.
42. As a direct and proximate result of Plaintiffs' breach of the terms of the License
Agreement, Windsor Shores is in breach of the lease entered into between Windsor Shores
and Windsor Reservoir & Canal Company which requires that, inter alia, only permit
holders use the reservoir and that all such permit holders shall be subject to rules and
regulations permitting use of the reservoir. As a direct result of Plaintiffs' breach, Big
Windsor, as lessor, has notified Windsor Shores of a breach and possible termination of
the J Pace, plus claims for damages, costs and fees.
43. As a direct and proximate result of Plaintiffs' breach of the terms of the License
Agreement, Windsor Shores has been cited by the Department of Planning Service for
Weld County, Colorado, and faces a hearing for determination of revocation of the Use
by Special Review held by Windsor Shores on the grounds that Windsor Shores allegedly
is not in compliance with the application materials of the permit inasmuch as there are
persons using the facility who do not hold an annual permit and/or who have not been
found capable of safe and compatible conduct at a lake and water sports facility.
44. As a direct and proximate result of Plaintiffs' breach of the License Agreement, Windsor
Shores faces the imminent loss of a valuable lease, loss of its Use by Special Review
Permit from Weld County, loss of improvements made to the subject property, costs and
attorneys' fees, damages and other irreparable harm.
G:\CLI iNTl5114\AMENDED COUNTERCLAIM.WPD 7
FIFTH CLAIM FOR RELIEF
(Preliminary and Permanent Injunction)
45. Windsor Shores incorporates paragraphs 1 through 44 of the Verified Amended
Counterclaim above as if fully set forth herein.
46. The Plaintiffs' denial of their status as permitees or licensees and obligation to abide by
applicable rules and regulations at the subject reservoir,if not immediately remedied, will
cause Defendant Windsor Shores to suffer severe, immediate and irreparable injury, loss
or damage, including, but not limited to, the loss of valuable interests in unique real
property, namely the lease and use permit for the Big Windsor Reservoir, and damages in
an amount which cannot be determined with any certainty.
47. There is no plain, speedy or adequate remedy at law, and the granting of an injunction will
not disserve the public interest, and the injunction will preserve the status quo pending a
trial on the merits.
48. There is a reasonable probability that Defendant will succeed on the merits at trial.
49. Without the granting of the preliminary injunction declaring that users of the Windsor
Shores reservoir facilities must be licensees or permit holders and subject to all applicable
rules and regulations, Windsor Shores will suffer immediate and irreparable harm, all as
set forth herein.
50. Such relief and determination is entirely consistent with this Court's earlier findings and
order, and does not impair Plaintiffs' claims of entitlement to use the reservoir facility
without an annual fee.
WHEREFORE, Windsor Shores prays that judgment enter in favor of Windsor Shores and
against Plaintiffs for indemnification in an amount of damages to Windsor Shores; a declaration
of the rights and obligations of the parties under the License Agreements, Stock Purchase
Agreement and Shareholder's Agreement of Windsor Recreational Enterprises, Ltd.; for an award
of damages to Windsor Shores for the license fees for Plaintiffs' use of the premises at Big
Windsor Reservoir; a determination of Plaintiffs' breach of the License Agreement; for a
preliminary and permanent injunction; for its costs, expert witness fees, attorneys' fees, and such
other and further relief as the Court deems just and proper.
G:\CLIENT\5 I I 4\AMENDED COUNTERCLAIM.WPD 8
DATED this v day of August, 1998.
Respectfully submitted,
ALEXANDER & CRABTREE, P.C.
•
By: d4r
C. Scott Crabtree, #2261
Stephen Fitzsimmons, /I23182
216 16`Street, Suite 1300
Denver, Colorado 80202-5127
Telephone: (303) 825-7307
Attorneys for Counterclaim-Plaintiff
Counterclaim-Plaintiff's Address:
Post Office Box 8236
Longmont, Colorado 80501
G:ICLIENT51141AMENDED COUNTERCLAIM.WPD 9
VERIFICATION
STATE OF COLORADO )
) ss: •
COUNTY OF Oci.w(e.„,_ )
I, Larry B. Eckel, President of Windsor Recreational Enterprises, Inc., d/b/a Windsor Shores,
a Colorado corporation,being first duly sworn,upon my oath,hereby state that the facts contained
in the foregoing Verified Amended Counterclaim are true and correct to the best of my
knowledge, information and belief.
WINDSOR RECREATIONAL ENTERPRISES,
INC., d/b/a WINDSOR SHORES
.By:
Larry . Eckel, President
SUBSCRIBED AND SWORN to before me thie� l�— day of August, 1998, by Larry B.
Eckel, President of Windsor Recreational Enterpnses, Inc., d/b/a Windsor Shores.
WITNESS,my hand and official seal.
•4 Y4'
•:- f� OTAR).
M� • ign Expires:
m ° . Public
G:ICLIENT5 114\AMENDED COUNTERCLAIM.WPD 10
CERTIFICATE OF SERVICE
I hereby certify that on thi 6 `day of August, 1998, a true and correct copy of the
foregoing DEFENDANT WINDSOR SHORES'VERIFIED AMENDED COUNTERCLAIM
was placed in the United States Mail, first-class postage prepaid, properly addressed as follows:
John J. Barry, Esq.
Witwer Oldenburg Barry & Bedingfield, LLP
822 Seventh Street, Suite 760
Greeley, Colorado 80631
5ca)
G:\CL[ENT15114\AMENDED COUNTERCLAIM.WPD 11
ALEXANDER & CRABTREE, P.C.
Al IURNEYS&COUNSELORS AT LAW 216 16m STREET
13 SUITE 1300
DENVER,CO 80202
PH:303.825.7307
FX:303.825.3202
Weld County Planning Dept. halexand@alexcrab.com
July 24, 1998 AUG 0 6 1S 3
RECEIVED
,1i , .o
JUL7
' 1998 °`fl
Lee D. Morrison, Esq. ,e =,
Assistant County Attorney AT7o RIM"—, COU QTY
915 Tenth Street R��� S O Fitz
Post Office Box 1948
Greeley, Colorado 80632
Dear Lee:
Enclosed are the items pertaining to various license agreements at Windsor Shores. The first set of
documents contain excerpts from the Plaintiffs' depositions in which they declare themselves not to
be licensees. Attached to those excerpts are the copies of their license agreements with Windsor
Shores.
The second set of documents are letters from John Barry in reference to the Plaintiffs' insurance on
their boats. In these letters,he specifically references to the fact that the Plaintiffs are complying with
the rule requiring a copy of insurance to be kept on file with Windsor Shores even though he claims
they are not "licensees."
Please call if you have any questions. Thank you.
Very truly yours,
ALEXANDER& CRABTREE, P.C.
�j
By: '
C. Scott Crabtree
CSC/jn
Enclosures
cc: Windsor Shores, Inc. (without enclosures)
G:\CLIENT\55114\Morrison ltr
WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP
ATTORNEYS AT LAW
'4703.4`MNW4w.JR.
422-7TH swam WE 760
N.SAN oLO5Hw114 GREELEY, CO 80631 Gwnw1.C!..1t�GOr+3wY
JOHN J.WARYwt,,,,®
JUG r.4gO1.V1Co (N'O)363.3141
JACOJCaNt JOHNSON
PACSNu t WO)352-S145
P1)Tw10f M.Gram
July 2, 1998
Scott Crabtree,Esquire
By Facsimile Only
1-303-825-3202
Re: Bader,et al v. Windsor Shores,Inc.
Dear Scott:
Enclosed are copies of the insurance information for Darrell and Diane Taylor and Keith and Carolyn
Taylor as requested by Windsor Shores,Inc. The Taylors are not licensees but are furnishing this
information for your records. In accordance with the State law, the Taylors have maintained
insurance.
I am informed that the Windsor Shores fax machine turn off after the first two pages were faxed by
the Taylors. Please call me if you have questions about this.
Yours very truly,
WITWER, OLDENBLRG
BARRY&BEDINOFI LD,LLP
fan/5
Jo '
JJB:mmv
CC: Keith and Carolyn Taylor
Darrell and Diane Taylor
DATE
COpY TO
vi(, Y'
Cl/Z 3:.ltld SSICESEe4S,UI
_ ._ _ _ 990A°W02f3 BS° bL es-to-znr
FROtt.:WOd:d ID:3703523165 PAGE 2/3
WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP
ATTORNEYS AT LAW
STOW L.WITW�1.JR. 1,2$-7YX STREET.SUITE JGO
CHARLES A.KARCWSKY
R.SAM OLDENBURG GREELEY. GO 80631 RETIRED
JOHN J.BARRY
JEFFREY T,OCORNONELD OHO)992.SL"L
JAGOYWsC+0X149031
!AC$W1LF(970)952-9195
PATRICK S.GROOM
July 24, 1998
Scott Crabtree,Esquire
By Facsimile Only
1-303-825-3202
Re: Bader,et al v.Windsor Shores,Inc.
Dear Scott
Enclosed are copies of the insurance information for Larry Howerter as requested by Windsor
Shores,Inc. The Howeaters are not licensees but are furnishing this information for your records.
In accordance with the State law,the Howerters have maintained insurance.
Please call me if you have questions about this.
Yours very truly,
WITWER,OLDENBURG
BARRY&BEDINGFIELD,LLP
Jo 9/R?:.)
IIY
JJB:mmv
CC: Larry Howerter
EXCERPTS FROM DEPOSITION
DEPOSITION OF MICHAEL DUCKER
EXAMINATION DATE: June 23, 1998
1
1 DISTRICT COURT
COUNTY OF WELD
2 STATE OF COLORADO
CIVIL ACTION NO. 98 CV 394
3 DIVISION 1
4
DEPOSITION OF MICHAEL DUCKER
5 EXAMINATION DATE: June 23, 1998
6
DOUG BADER, KEN BOGLINO, MIKE DUCKER,
7 LARRY HOWERTER, CAROLYN TAYLOR, DARRELL TAYLOR,
DIANE TAYLOR and KEITH TAYLOR,
8
Plaintiffs,
9
v.
10
LARRY ECKEL and WINDSOR RECREATIONAL ENTERPRISES,
11 LTD. , d/b/a WINDSOR SHORES, a Colorado corporation,
12 Defendants.
13
14 PURSUANT TO NOTICE, the deposition of
MICHAEL DUCKER was taken at 1: 06 p.m. , on June 23,
15 1998, at 216 Sixteenth Street, Suite 1300, Denver,
Colorado 80202, before Patricia S. Newton,
16 Registered Professional Reporter and Notary Public
in and for the State of Colorado, said deposition
17 being taken pursuant to the Colorado Rules of Civil
Procedure.
18
19
20
21 Patricia S. Newton
Registered Professional Reporter
22
23
24
25
G:\CLIENT\5114\MDUCKER deposition I.doc
2
1 APPEARANCES
2
For the Plaintiffs:
3
4 JOHN J. BARRY, ESQ.
Witwer, Oldenburg, Barry & Bedingfield, LLP
5 822 Seventh Street, Suite 760
Greeley, Colorado 80631
6 (970) 352-3161
7
For the Defendants:
8
9 C. SCOTT CRABTREE, ESQ.
Alexander & Crabtree, P.C.
10 216 Sixteenth Street, Suite 1300
Denver, Colorado 80202-5127
11 (303) 825-7307
12
Also present: Connie Eckel
13 Larry Eckel
Douglas A. Bader
14 Keith Taylor
15
16
17
18
19
20
21
22
23
24
25
G:\CLIENT\5114\MDUCKER deposition 1.doc
15
1 somewhere?
2 A I don't know.
3 Q Have you ever seen anything --
4 A No. Normally it's just the first
5 week in April and the last week in September or
6 first week in October.
7 Q Okay. Nr Dunker, when ypu'd gq
8 nut and use the "reservoir, as you are doing in
9 1998, are you subject to a pentit that restricts
14 bow and when you can use that reservoir?
Ilmannmmuncgmog
ly Q ',Mr_ booker I am; 99iag to hand jion
13 hat's been marked as Deposition Exhibit No. l
14 'his is 8 permit that has a date of 1947 is ..your
15 . ise of the reservoir now stjeak to this permit a5
15, to haw you use it and what you can do up at the
17 reservoir≥`..
18 A Y yeah.,
19 Q A0 you conaiderz,yourself and your
20 ability to use the reservoir to'be sub5ent to that
21 permit?:
22 A Yes.
23 Q Okay. Between April 6th of 1998
24 and the date that you first went out there, the
25 25th of April, did you contact anyone at Windsor
G:\CLIEN7\5114\MDUCKER deposition I.doc
DEPOSITION
EXHIBIT S 1.- L VT.
AT C gy-
DA
TE: �/
LICENSE AGREEMENT
THIS LICENSE AGREEMENT made in duplicate this day of
19 between Windsor Shores, Inc. , A Colorado Corporation and Licensor,
hereinafter referred to as WSI and //( J,Kt Aci CA',C,P
hereinafter referred to as "Licensee" whose address is 9'd SG U AA, 'Al
City biCSTM, )s'rL State e0
Zip Code cl bt 3 b Phone: Business A/58-3 331 Home 213D -16 3 (0
License A - All inclusive privileges. A one time "Space
Improvement Fee" of 0 ?oo . • " will be assessed.
Q License B - Boating only. No overnight camping.
Q License C - Camping and fishing only. Non-powered or fishing
boats limited to 15 hp or less. A one time "Space
Improvement Fee" of :goo will be assessed.
In consideration of a license fee of /asp.-` , WSI will convey a
license to the applicant subject to the approval of WSI. It should be
clearly understood that in the event the applicant is not approved, all
monies tendered shall be returned to applicant. It is expressly understood
that all privileges, conditions and benefits provided the Licensee by this
agreement are subject to the Regulations of Windsor Shores, Inc . , which
may be amended from time to time. It is understood that a copy of said
Regulations have been delivered to applicant and receipt of same is hereby
acknowledged.
THEREFORE IN CONSIDERATION OF THE COVENANTS CONTAINED HEREIN:
1. WSI hereby grants to licensee the right and privilege of using, subject
to all of the terms and conditions hereof, the following described
premises: Windsor Reservoir, Weld County, Colorado. Located generally
in Sections 27 , 28, 33 and 34, Township 7N, Range 67W and Sections 3
and 4 , Township 6N, Range 67 W, Weld County, State of Colorado.
2 . The premises may be used by Licensee solely for recreational use and in
accordance with the rules and regulations established by WSI for such
use.
3 . WSI reserves the right to terminate the permission hereby given at
any time without notice to the Licensee. Waiver by WSI of any breach
or any term or provision hereof shall not be deemed a waiver of any
subsequent breach of the same or any other term of provision. In the
event that WSI terminates the permission hereby given, for any reason,
WSI shall refund the license fee to Licensee based upon fifty percent
(50%) of the prorated fees for the unused term. For the purpose of
determining the refund, the term of use shall be deemed to be April
15th through September 15th.
4. This permission given hereunder is not exclusive to Licensee.
5 . WSI shall not be responsible, nor held liable for any negligence of the
Licensee or Licensee' s employees, family or guests . The Licensee is
responsible for and assumes the liability for his own negligence or
that of his employees, family or his guests while utilizing any WSI
facilities or programs . Licensee does hereby release WSI and/or
landowner from all liability that may arise from the usage or
participation of this license. Licensee agrees to secure in writing
a release of all such liability from any guest or employee of the
Licensee. WSI shall be held harmless in all instances. Licensee
will at all times indemnify WSI against all actions, claims, demands,
liabilities, and Aamages, including but not limited to attorney' s
fees expended, which may be imposed on or incurred by Licensor as a
consequence of, or arising out of, the use of the licensed premises by
licensee, its family, employees, or guests.
6. Renewal license of iaso• payable on or before April 1st of each
new year, provides the basic license for water sports recreation from
April 15th to September 15th each year subject to adjustments. The
Licensee will have the first option to renew the license subject to
qualification. Qualification is primarily based upon the licensee' s
previous conduct.
7 . Licensee shall maintain, at its own expense, liability insurance of no
less than $300 ,000 .00 , which insurance must cover licensee, its family,
employees, and guests . Proof of such coverage is required each year as
a condition to renewal of the license. Liability insurance is required
on all vehicles, boats, etc.
8. Licensee understands that the Licensee is solely responsible for loss
of or damage to any and all property, licensed or not, that is left or
stored at the property. Under no exception will Windsor Shores, Inc.
or its employees assume any such responsibility.
9. License is not transferable by Licensee.
10 . Licensee understands and agrees that WSI will operate in accordance
with appropriate governmental laws and regulations , as regards boat
operation and water sports, including Federal , State, County and Local,
and that Licensee will abide by such rules also.
11 . Licensee agrees that this agreement is entered into for the purpose
of availing Licensee of WSI' s property and programs and is not entered
into as a test program or on a trial basis. It is understood that some
additional fees may be required for certain programs, and that Windsor
Shores , Inc. , is a profit oriented corporation.
12 . The Licensee has read, understands, and agrees that this document
with the Regulations and Regulation Checklist represents, and shall be
the only agreements between him and WSI, and that all representations
either expressed or implied, are set forth in writing.
IN WITNESS HEREOF: Licensee and WSI have executed this Agreement on
this day and year. •
7711-4 nL / Dated
Licensee' s Signature Dated Independent Representative
Authorized WSI Approval Dated
GENERAL RESPONSIBILITY CHECKLIST
Windsor Shores, Inc. management has created very specific rules and
regulations governing the actions and responsibilities
snofsea each
hyLicen nsee
er
for the ultimate purpose of preserving the enjoyment
recreation for all of the Licensees. Courtesy, safety and consideration
are prime goals.
1. Windsor Shores, Inc. is a profit making corporation.
•
2 . Windsor Shores, Inc. is a corporation providing Licensees with a
service and facility.
3 . Licenses are renewable yearly at Windsor Shores management option.
Windsor Shores reserves the right to revoke said license at any time.
4. License fees are subject to a yearly revision.
5. The initial "Space Improvement Fee" deposit is anonfund be accepted
' payment. Refund will only be made should the applicant
notby Windsor Shores management.
6. Any deposit fees made with application are not refundable should
• applicant decline to accept a permit if approved by Windsor Shores,
Inc.
7 . All Licensees must carry insurance coverage of $300 ,000 .00 (minimum)
of i their
and agree to secure a written liability release from any
guests. Windsor Shores, Inc. is held harmless in all instances.
8. Licensee is responsible for all damages to property or facility by his
family or guests.
9. Licensee agrees to abide by all Colorado Statutes , laws and regulations
pertaining to his activity on any Windsor Shores facility.
10 . It is understood that guest privileges are limited.
11. It is understood that all vehicles, campers, boats and personal
property is the sole responsibility of the Licensee or permit holder
and if left on the premises it is at their risk only.
I have read, understand and agree to abide by all responsibilities
contained in this agreement and all rules and regulations for Windsor
Shores. Further, I understand and agree that the refund of any permit
fee monies is determined to be 50% of the prorated unused term. The sterm
I
specific for this purpose is April 15th to September 15th of any
understand this is a general checklist and I may refer to the regulations
for more specific information.
�, /; //
/moQw � � Dated
Signature (Licensee)
Dated
Witness
EXCERPTS FROM DEPOSITION
DEPOSITION OF DOUGLAS AMES BADER
EXAMINATION DATE: June 23, 1998
1
1 DISTRICT COURT
COUNTY OF WELD
2 STATE OF COLORADO
CIVIL ACTION NO. 98 CV 394
3 DIVISION 1
4
DEPOSITION OF DOUGLAS AMES BADER
5 EXAMINATION DATE: June 23, 1998
6
DOUG BADER, KEN BOGLINO, MIKE DUCKER,
7 LARRY HOWERTER, CAROLYN TAYLOR, DARRELL TAYLOR,
DIANE TAYLOR and KEITH TAYLOR,
8
Plaintiffs,
9
v.
10
LARRY ECKEL and WINDSOR RECREATIONAL ENTERPRISES,
11 LTD. , d/b/a WINDSOR SHORES, a Colorado corporation,
12 Defendants.
13
14 PURSUANT TO NOTICE, the deposition of
DOUGLAS AMES BADER was taken at 1:46 p.m. , on
15 June 23, 1998, at 216 Sixteenth Street, Suite 1300,
Denver, Colorado 80202, before Patricia S. Newton,
16 Registered Professional Reporter and Notary Public
in and for the State of Colorado, said deposition
17 being taken pursuant to the Colorado Rules of Civil
Procedure.
18
19
20
21 Patricia S. Newton
Registered Professional Reporter
22
23
24
25
2
1 APPEARANCES
2
For the Plaintiffs:
3
4 JOHN J. BARRY, ESQ.
Witwer, Oldenburg, Barry & Bedingfield, LLP
5 822 Seventh Street, Suite 760
Greeley, Colorado 80631
6 (970) 352-3161
7
For the Defendants:
8
9 C. SCOTT CRABTREE, ESQ.
Alexander & Crabtree, P.C.
10 216 Sixteenth Street, Suite 1300
Denver, Colorado 80202-5127
11 (303) 825-7307
12
Also present: Connie Eckel
13 Larry Eckel
Keith Taylor
14 Larry Howerter
15
16 INDEX
17 EXAMINATION BY: PAGE
18 Mr. Crabtree 3
19
INDEX OF EXHIBITS
20
DEPOSITION PAGE FIRST
21 EXHIBIT NO. DESCRIPTION APPEARS
22 3 3/3/90 License Agreement between
WSI and Doug Bader 25
23
24
25
25
...............................................
1 4 (BY MR. CRABTREE) Mr $.,,,.,Ari.. x..:m
2 ;gong to hand ybo what*a kin markedact$40istAiii
3.: Lxh₹bat p4 3. .1 1icenie agreement It has your
�. <name oU it Have you ever *dell that docwnent
...............................
5 before?
6 A R don't know,
7 4 You do a't know:;if you have eve `
8 :;_seen that before?
9 A T don*t know whether X have or not*
10 9 Mr. Baden is Your ability to use
11 that reservoir done pursuant to a permit issued by
1,2 windsor Shoes?;
13 A. No
14 . 0' . to pos₹t .on . a that yO3 use
15 'there '3s strictly because you-are a shareholder?
16 A That's correct.
17 THE DEPONENT: I need to speak with
18 my counsel for a moment, please.
19 MR. CRABTREE: Do you want to take
20 a break?
21 THE DEPONENT: That would be fine.
22 MR. BARRY: Sure.
23 THE DEPONENT: And may I take this?
24 MR. CRABTREE: Yeah. Just bring it
25 back with you.
•
•e- •sm•
TME• SttRf t25
LICENSE AGREEMENT
THIS LICENSE AGREEMENT made in duplicate this .t.0 day of /h2ca.A.J
19 ' 6 between Windsor Shores, Inc. , A Colorado Corporation and Licensor,
hereinafter referred to as WSI and C4)'--f 61411} '
hereinafter referred to as "Licensee" whose address is
City State
Zip Code Phone: Business Home 4f0 - (745
License A - All inclusive privileges.
Q License B - Boating only. No overnight camping.
• O. License C - Camping and fishing only. Non-powered or fishing
boats limited to 15 hp or less .
In consideration of a license fee of .4:2.370 . WSI will convey a
license to the applicant subject to the approval of WSI. It should be
clearly understood that in the event the applicant is not approved, all
monies tendered shall be returned to applicant. It is expressly understood
that all privileges, conditions and benefits provided the Licensee by this
agreement are subject to the Regulations of Windsor Shores, Inc. , which
may be amended from time to time. It is understood that a copy of said
Regulations have been delivered to applicant and receipt of same is hereby
acknowledged.
THEREFORE IN CONSIDERATION OF THE COVENANTS CONTAINED HEREIN:
1. WSI hereby grants to licensee the right and privilege of using, subject
to all of the terms and conditions hereof, the following described
premises : Windsor Reservoir, Weld County, Colorado. Located generally
in Sections 27, 28, 33 and 34, Township 7N, Range 67W and Sections 3
and 4, Township 6N, Range 67 W, Weld County, State of Colorado.
2 . The premises may be used by Licensee solely for recreational use and in
accordance with the rules and regulations established by WSI for such
use.
3 . WSI reserves the right to terminate the permission hereby given at
any time without notice to the Licensee. Waiver by WSI of any breach
or any term or provision hereof shall not be deemed a waiver of any
subsequent breach of the same or any other term of provision. In the
event that WSI terminates the permission hereby given, for any reason,
WSI shall refund the license fee to Licensee based upon fifty percent
(50%) of the prorated fees for the unused term. For the purpose of
determining the refund, the term of use shall be deemed to be April
15th through September 15th.
4 . This permission given hereunder is not exclusive to Licensee.
5 . WSI shall not be responsible, nor held liable for any negligence of the
Licensee or Licensee ' s employees, family or guests . The Licensee is
" - responsible for and assumes the liability for his own negligence or
that of his employees, family or his guests while utilizing any WSI
facilities or programs. Licensee does hereby release WSI and/or
landowner from all liability that may arise from the usage or
participation of this license. Licensee agrees to secure in writing
a release of all such liability from any guest or employee of the
Licensee. WSI shall be held harmless in all instances. Licensee
will at all times indemnify WSI against all actions, claims, demands,
liabilities, and damages, including but not limited to attorney' s
fees expended, which may be imposed on or incurred by Licensor as a
consequence of, or arising out of, the use of the licensed premises by
licensee, its family, employees, or guests.
6. Renewal license of /2Ov • payable on or before April 1st of each
new year, provides the basic license for water sports recreation from
April 15th to September 15th each year subject to adjustments. The
Licensee will have the first option to renew the license subject to
qualification. Qualification is primarily based upon the licensee' s
previous conduct.
7 . Licensee shall maintain, at its own expense, liability insurance of no
less than $300, 000.00, which insurance must cover licensee, its family,
employees, and guests. Proof of such coverage is required each year as
a condition to renewal of the license. Liability insurance is required
on all vehicles, boats, etc.
8 . Licensee understands that the Licensee is solely responsible for loss
of or damage to any and all property, licensed or not, that is lett or
stored at the property. Under no exception will Windsor Shores, Inc.
or its employees assume any such responsibility.
9 . License is not transferable by Licensee.
10 . Licensee understands and agrees that WSI will operate in accordance
with appropriate governmental laws and regulations, as regards boat
operation and water sports, including Federal, State, County and Local,
and that Licensee will abide by such rules also.
11. Licensee agrees that this agreement is entered into for the purpose
of availing Licensee of WSI' s property and programs and is not entered
into as a test program or on a trial basis. It is understood that some
additional fees may be required for certain programs, and that Windsor
Shores, Inc. , is a profit oriented corporation.
12 . The Licensee has read, understands, and agrees that this document
with the Regulations and Regulation Checklist represents, and shall be
the only agreements between him and WSI, and that all representations
either expressed or implied, are set forth in writing.
IN WITNESS HEREOF: Licensee and WSI have executed this Agreement on
this day and year.
Licensee ' s Signature Dated Independent Representative Dated
L'L s/-i 5'd
Authorized WSI Approval Dated
GENERAL RESPONSIBILITY CHECKLIST
Windsor Shores, Inc. management has created very specific rules and
regulations governing the actions and responsibilities of each Licensee
for the ultimate purpose of preserving the enjoyment and safety in water
recreation for all of the Licensees. Courtesy, safety and consideration
are prime goals.
1. Windsor Shores, Inc. is a profit making corporation.
2. Windsor Shores, Inc. is a corporation providing Licensees with a
service and facility.
3 . Licenses are renewable yearly at Windsor Shores management option.
Windsor Shores reserves the right to revoke said license at any time.
4. License fees are subject to a yearly revision.
5 . Any deposit fees made with application are not refundable should
applicant decline to accept a permit if approved by Windsor Shores,
Inc.
6 . All Licensees must carry insurance coverage of S300,000.00 (minimum)
and agree to secure a written liability release from any of their.
guests. Windsor Shores, Inc. is held harmless in all instances.
7 . Licensee is responsible for all damages to property or facility by his
family or guests.
8 . Licensee agrees to abide by all Colorado Statutes, laws and regulations
pertaining to his activity on any Windsor Shores facility.
9 . It is understood that guest privileges are limited.
10 . It is understood that all vehicles, campers, boats and personal
property is the sole responsibility of the Licensee or permit holder
and if left on the premises it is at their risk only.
I have read, understand and agree to abide by all responsibilities
contained in this agreement and all rules and regulations for Windsor
Shores. Further, I understand and agree that the refund of any permit
fee monies is determined to be 50% of the prorated unused term. The term
specific for this purpose is April 15th to September 15th of any season. I
understand this is a general checklist and I may refer to the regulations
for more specific information.
Signature (Licensee) Dated
Witness Dated
EXCERPTS FROM DEPOSITION
DEPOSITION OF DARREL LEROY TAYLOR
EXAMINATION DATE: June 25, 1998
1
1 DISTRICT COURT
COUNTY OF WELD
2 STATE OF COLORADO
CIVIL ACTION NO. 98 CV 394
3 DIVISION 1
4
DEPOSITION OF DARRELL LEROY TAYLOR
5 EXAMINATION DATE: June 25, 1998
6
DOUG BADER, KEN BOGLINO, MIKE DUCKER,
7 LARRY HOWERTER, CAROLYN TAYLOR, DARRELL TAYLOR,
DIANE TAYLOR and KEITH TAYLOR,
8
Plaintiffs,
9
v.
10
LARRY ECKEL and WINDSOR RECREATIONAL ENTERPRISES,
11 LTD. , d/b/a WINDSOR SHORES, a Colorado corporation,
12 Defendants.
13
14 PURSUANT TO NOTICE, the deposition of
DARRELL LEROY TAYLOR was taken at 9:30 a.m. on
15 June 25, 1998, at 216 Sixteenth Street, Suite 1300,
Denver, Colorado, before Judi Walker, Registered
16 Professional Reporter and Notary Public in and for
the State of Colorado, said deposition being taken
17 pursuant to the Colorado Rules of Civil Procedure.
18
19
20
Judi Walker
21 Registered Professional Reporter
22
23
24
25
G:\CLIENT\5114\DTAYLOR deposition 1.doc
2
1 APPEARANCES
2
For the Plaintiffs:
3
4 JOHN J. BARRY, ESQ.
Witwer, Oldenburg, Barry & Bedingfield, LLP
5 822 Seventh Street, Suite 760
Greeley, Colorado 80631
6 (970) 352-3161
7
For the Defendants:
8
9 C. SCOTT CRABTREE, ESQ.
Alexander & Crabtree, P.C.
10 216 Sixteenth Street, Suite 1300
Denver, Colorado 80202-5127
11 (303) 825-7307
12
Also present: Connie Eckel
13 Larry Eckel
Douglas Krieger
14 Carolyn Taylor
Kenneth Boglino
15
16 INDEX
17 EXAMINATION BY: PAGE
18 Mr. Crabtree 3
19
INDEX OF EXHIBITS
20
DEPOSITION PAGE FIRST
21 EXHIBIT NO. DESCRIPTION APPEARS
22 6 Protective Order 38
23 7 License Agreement signed by 42
Darrell Taylor
24
25
G:\CLIENTt5114\DTAYLOR deposition Ldoc
34
1 A I'm saying not all those rules
2 apply to me.
3 Q Which ones apply to you?
4 A Any of the safety issue rules that
5 are mandatory anywhere you go as far as boating and
6 the speeds on roads.
7 Q Why do those apply to you?
8 A Because they apply to everybody,
9 whether it's a private lake or a public lake.
lfl Q Xou became a shareholder when?
11 ihat ,year?'.
1Z :: A 1991.:
13 Q since you know that there are
14 safe₹y issues and rules ₹hat apply to'evesyote ;
is have you ever asked for a set ;o.t Y'ules that apply
........................
1b ;; just to! you as!a shar holder
11 € a pro.::
19 Q Why not?
19 A Y tiyured if I needed `:them,
20 somebodyy would give them to me :
21 4 = Can you tell me, i# you know,;;why
22 ;:there ought to be a sett of rules that apply tro
23 ;people who are,.j; as you?say, licensed, and pecgle'
24 'who are_:;shareholders using the.':lake?
25 MR. BARRY: Object to the form of
G:\CLIEN7155114\DTAYLOR deposition 1.doc
35
1 the question.
2 Q (BY MR. CRABTREE) You can answer.
3 A Restate the question.
4 Q Do you understand it?
5 A I didn't, after all that. I don't
6 remember what --
7 Q You' re saying there are these rules
8 that you understand apply to people who are
9 licensed; if there are rules that apply to
10 shareholders you're not aware of them. And my
11 question is, can you tell me why there should be a
12 set of rules that applies to shareholders and a set
13 of rules that applies to licensees?
14 MR. BARRY: Object to the form of
15 the question.
16 Q (BY MR. CRABTREE) You can answer.
17 . A t A@4atse we'ke tot ,canned spot
19 ::;holders We are part owners of that reservoirt sa
19 the same set a£ rules does not apply,;'
20 Q i understand. Why would it be
2l ' different for.:you ,as a shareholder using that;: lake
22 out there thasiit wont;$ tot sono$ody else?
2aWW@WOWSMOA BAlfY Same objectiott.:
24 A . Aecause t think that Fie have mere
25 .privileges than a person that is justlpaying ^ o use
G:\CLIENT\5114\DTAYLOR deposition 1.doc
36
I 0 0 on n OO44 baaa*
2 Q (BY MR. CRABTREE) How?
3 MR. BARRY: Object to the form of
4 the question.
5 Q (BY MR. CRABTREE) You can answer
6 it.
7 A I just think that we deserve the
8 same thing as any other shareholder has.
9 Q What's that?
10 A Whatever the shareholders do, all
11 shareholders should be allowed to do.
12 Q Is there some other shareholder
13 doing something that you think sets the tone for
14 what all shareholders ought to be able to do?
15 MR. BARRY: I object to the
16 question, and we're going way beyond the protective
17 order.
18 MR. CRABTREE: We're talking about
19 use and what he thinks his rights are and his
20 ability to use this reservoir, which is clearly
21 within the preliminary injunction order, within the
22 citation and within the order.
23 MR. BARRY: Within the period from
24 April 6th to now? Are you confining your question
25 to that?
G:\CLIENT\51 l4\DTAYLOR deposition l.doc
DEPOSMON
EX • .e�Sk
THE D '.C R
DATE: }
LICENSE AGREEMENT
THIS LICENSE AGREEMENT made in duplicate this /6 day of AO-2e- ,
199/ between Windsor Shores, Inc. , A Colorado Corporation and Licensor,
hereinafter referred to as WSI and ,c\\J.eeL , 2 eAa2
hereinafter referred to as "Licensee" whose address is grg, Wit. /� I%
City a/bH jPti State �4
Zip Code pop I Phone: Business 6279-96,(a._ Home &c' -242 :3
License A - All inclusive privileges. A one time "Space
Improvement Fee" of „300. °" will be assessed.
License B - Boating only. No overnight camping.
Q License C - Camping and fishing only. Non-powered or fishing
boats limited to 15 hp or less. A one time "Space
Improvement Fee" of will be assessed.
In consideration of a license fee of zo: -p" , WSI will convey a
license to the applicant subject to the approval of WSI. It should be
clearly understood that in the event the applicant is not approved, all
monies tendered shall be returned to applicant. It is expressly understood
that all privileges, conditions and benefits provided the Licensee by this
agreement are subject to the Regulations of Windsor Shores, Inc. , which
may be amended from time to time. It is understood that a copy of said
Regulations have been delivered to applicant and receipt of same is hereby
acknowledged.
THEREFORE IN CONSIDERATION OF THE COVENANTS CONTAINED HEREIN:
1. WSI hereby grants to licensee the right and privilege of using, subject
to all of the terms and conditions hereof, the following described
premises: Windsor Reservoir, Weld County, Colorado. Located generally
in Sections 27 , 28, 33 and 34, Township 7N, Range 67W and Sections 3
and 4 , Township 6N, Range 67 W, Weld County, State of Colorado.
2 . The premises may be used by Licensee solely for recreational use and in
accordance with the rules and regulations established by WSI for such
use.
3 . WSI reserves the right to terminate the permission hereby given at
any time without notice to the Licensee. Waiver by WSI of any breach
or any term or provision hereof shall not be deemed a waiver of any
subsequent breach of the same or any other term of provision. In the
event that WSI terminates the permission hereby given, for any reason,
WSI shall refund the license fee to Licensee based upon fifty percent
(50%) of the prorated fees for the unused term. For the purpose of
determining the refund, the term of use shall be deemed to be April
15th through September 15th.
4. This permission given hereunder is not exclusive to Licensee.
5. WSI shall not be responsible, nor held liable for any negligence of the
Licensee or Licensee ' s employees, family or guests . The Licensee is
responsible for and assumes the liability for his own negligence or
that of his employees, family or his guests while utilizing any WSI
facilities or programs . Licensee does hereby release WSI and/or
landowner from all liability that may arise from the usage or
participation of this license. Licensee agrees to secure in writing
a release of all such liability from any guest or employee of the
Licensee. WSI shall be held harmless in all instances. Licensee
will at all times indemnify WSI against all actions, claims, demands,
liabilities, and damages, including but not limited to attorney's
fees expended, which may be imposed on or incurred by Licensor as a
consequence of, or arising out of, the use of the licensed premises by
licensee, its family, employees, or guests.
6. Renewal license of /0251. °° payable on or before April 1st of each
new year, provides the basic license for water sports recreation from
April 15th to September 15th each year subject to adjustments. The
Licensee will have the first option to renew the license subject to
qualification. Qualification is primarily based upon the licensee's
previous conduct.
7 . Licensee shall maintain, at its own expense, liability insurance of no
less than $300 ,000 .00 , which insurance must cover licensee, its family,
employees, and guests. Proof of such coverage is required each year as
a condition to renewal of the license. Liability insurance is required
on all vehicles, boats, etc.
8. Licensee understands that the Licensee is solely responsible for loss
of or damage to any and all property, licensed or not, that is left or
stored at the property. Under no exception will Windsor Shores, Inc.
or its employees assume any such responsibility.
9 . License is not transferable by Licensee.
10 . Licensee understands and agrees that WSI will operate in accordance
with appropriate governmental laws and regulations, as regards boat
operation and water sports, including Federal, State, County and Local,
and that Licensee will abide by such rules also.
11 . Licensee agrees that this agreement is entered into for the purpose
of availing Licensee of WSI ' s property and programs and is not entered
into as a test program or on a trial basis. It is understood that some
additional fees may be required for certain programs, and that Windsor
Shores, Inc. , is a profit oriented corporation.
12 . The Licensee has read, understands , and agrees that this document
with the Regulations and Regulation Checklist represents, and shall be
the only agreements between him and WSI, and that all representations
either expressed or implied, are set forth in writing.
IN WITNESS HEREOF: Licensee and WSI have executed this Agreement on
this day and year.
Licensee ' s Signature Dated Independent Representative Dated
Authorized WSI Approval Dated
GENERAL RESPONSIBILITY CHECKLIST
Windsor Shores, Inc. management has created very specific rules and
regulations governing the actions and responsibilities of each Licensee
for the ultimate purpose of preserving the enjoyment and safety in water
recreation for all of the Licensees. Courtesy, safety and consideration
are prime goals.
1. Windsor Shores, Inc. is a profit making corporation.
2. Windsor Shores, Inc. is a corporation providing Licensees with a
service and facility.
3 . Licenses are renewable yearly at Windsor Shores management option.
Windsor Shores reserves the right to revoke said license at any time.
4. License fees are subject to a yearly revision.
5. The initial "Space Improvement Fee" deposit is a non-refundable
' payment. Refund will only be made should the applicant not be accepted
by Windsor Shores management.
6. Any deposit fees made with application are not refundable should
applicant decline to accept a permit if approved by Windsor Shores,
Inc.
7. All Licensees must carry insurance coverage of $300 ,000 .00 (minimum)
and agree to secure a written liability release from any of their
guests . Windsor Shores, Inc. is held harmless in all instances.
8. Licensee is responsible for all damages to property or facility by his
family or guests.
9 . Licensee agrees to abide by all Colorado Statutes, laws and regulations
pertaining to his activity on any Windsor Shores facility.
10 . It is understood that guest privileges are limited.
11 . It is understood that all vehicles, campers, boats and personal
property is the sole responsibility of the Licensee or permit holder
and if left on the premises it is at their risk only.
I have read, understand and agree to abide by all responsibilities
contained in this agreement and all rules and regulations for Windsor
Shores. Further, I understand and agree that the refund of any permit
fee monies is determined to be 50% of the prorated unused term. The term
specific for this purpose is April 15th to September 15th of any season. I
understand this is a general checklist and I may refer- to the regulations
for more specific information.
-'I !/4f°x'-(AL.c -- AP-9/
Signature (Licensee) Dated
(461-161—) �/
Witness Dated
EXCERPTS FROM DEPOSITION
DEPOSITION OF LARRY ROBERT HOWERTER
EXAMINATION DATE: June 23, 1998
1
1 DISTRICT COURT
COUNTY OF WELD
2 STATE OF COLORADO
CIVIL ACTION NO. 98 CV 394
3 DIVISION 1
4
DEPOSITION OF LARRY ROBERT HOWERTER
5 EXAMINATION DATE: June 23, 1998
6
DOUG BADER, KEN BOGLINO, MIKE DUCKER,
7 LARRY HOWERTER, CAROLYN TAYLOR, DARRELL TAYLOR,
DIANE TAYLOR and KEITH TAYLOR,
8
Plaintiffs,
9
v.
10
LARRY ECKEL and WINDSOR RECREATIONAL ENTERPRISES,
11 LTD. , d/b/a WINDSOR SHORES, a Colorado corporation,
12 Defendants.
4
13
14 PURSUANT TO NOTICE, the deposition of
LARRY ROBERT HOWERTER was taken at 3:21 p.m. , on
15 June 23, 1998, at 216 Sixteenth Street, Suite 1300,
Denver, Colorado 80202, before Patricia S. Newton,
16 Registered Professional Reporter and Notary Public
in and for the State of Colorado, said deposition
17 being taken pursuant to the Colorado Rules of Civil
Procedure.
18
19
20
21 Patricia S. Newton
Registered Professional Reporter
22
23
24
25
G:\CLIEN7\5114\LHOWERTE deposition 1.doc
2
1 APPEARANCES
2
For the Plaintiffs:
3
4 JOHN J. BARRY, ESQ.
Witwer, Oldenburg, Barry & Bedingfield, LLP
5 822 Seventh Street, Suite 760
Greeley, Colorado 80631
6 (970) 352-3161
7
For the Defendants:
8
9 C. SCOTT CRABTREE, ESQ.
Alexander & Crabtree, P.C.
10 216 Sixteenth Street, Suite 1300
Denver, Colorado 80202-5127
11 (303) 825-7307
12
Also present: Connie Eckel
13 Larry Eckel
Carolyn Taylor
14 Keith Taylor
Ken Boglino
15
16 INDEX
17 EXAMINATION BY: PAGE
18 Mr. Crabtree 3
19
INDEX OF EXHIBITS
20
DEPOSITION PAGE FIRST
21 EXHIBIT NO. DESCRIPTION APPEARS
22 5 3/21/91 License Agreement between
WSI and Larry R. Howerter 10
23
24
25
G:\CLIENT\5114\LHOW ERIE deposition 1.doc
10
1 A I wouldn't want to. They are too
2 much work and maintenance. I don't know.
3 Q Are you aware of any limitations on
4 the number of guests you can take up there on any
5 given day?
6 A I know there's a limitation but
7 it's never been any concern because I don't have
8 many guests.
9 Q You say you know there is a
10 limitation. How do you know that?
11 A I had a set of rules.
12 Q When did you get those?
13 A Oh, five years ago when the lake
14 was just opened.
15 Q Do those rules apply to you?
16 A Sure.
17 Q Do you know anybody that you think
18 they don't apply to out there?
19 A ' I don't know. I only worry about
20 myself and my family.
21.. Q Mr. gowerter,,.::I am haudzng you
22 Aepasi:tiori Ex bit o 5, a ,.manse ag eementri
23: Would ou look!: at that,. please
24 BaIts ybu sees,. this kefare'
25 A Yes.#
G:\CLIEN7\5114\LHOWERTE deposition Ldoc
11
2s that€your signature at the
2 bottom q£ the second page?
# 4 Is hat yours .gnature ;at t64
5 bottom of the third page?
CggEE002KMAX=8X40g
7 Q When you go out':, to use the
8 reservoir now in 1998, are you doing sa subject to
RgIA#4494 #004l#00000V
................................................................_._...
1a A No.
it Q Uo you consider:;:yourself to be
12 under a ! z cease .now?
19 A No,
14 Q Do you believe yourself to be there
15 pursuant to a permit issued by Windsor Shores?
16 A I have never received one.
13 Q Okay. And you*re out thew, shat,.
18 as a shareholder.?
19 A Yesi
20 Q These rules that we talked about
21 that you think apply to you, who passed those
22 rules?
23 A I -- Larry Eckel handed me the set
24 of rules when I was -- originally joined.
25 Q Who do you understand them to apply
G:\CLIENT\5114\LHOWERTE deposition I.doc
DEPOsMO
EXHIBIT [►
�aw,�etee 5-
THE DEPO CENTS' p
LICENSE AGREEMENT DATE 4- 3'
THIS LICENSE AGREEICfl made in duplicate this 21st day of March
19 91 between Windsor Shores, Inc. , A Colorado Corporation and Licensor,
hereinafter referred to as WSI and LARRY R. H0WERTER
hereinafter referred to as "Licensee" whose address is 6300 West 74th Avenue
City Arvada State Colorado
Zip Code 80003 Phone: Business 298-2351 Home 420-1237
Q License A - All inclusive privileges. A one time "Space
Improvement Fee" of will be assessed.
D License B - Boating only. No overnight camping.
License C - Camping and fishing only. Non-powered or fishing
boats limited to 15 hp or less. A one time "Space
Improvement Fee" of arc ° ' will be assessed.
In consideration of a license fee of 117, -u , WSI will convey a
license to the applicant subject to the approval of WSI. It should be
clearly understood that in the event the applicant is not approved, all
monies tendered shall be returned to applicant. It is expressly understood
that all privileges, conditions and benefits provided the Licensee by this
agreement are subject to the Regulations of Windsor Shores, Inc. , which
may be amended from time to time. It is understood that a copy of said
Regulations have been delivered to applicant and receipt of same is hereby
acknowledged.
THEREFORE IN CONSIDERATION OF THE COVENANTS CONTAINED HEREIN:
1. WSI hereby grants to licensee the right and privilege of using, subject
to all of the terms and conditions hereof, the following described
premises: Windsor Reservoir, Weld County, Colorado. Located generally
in Sections 27 , 28, 33 and 34, Township 7N, Range 67W and Sections 3
and 4, Township 5N, Range 67 W, Weld County, State of Colorado.
2 . The premises may be used by Licensee solely for recreational use and in
accordance with the rules and regulations established by WSI for such
use.
3 . WSI reserves the right to terminate the permission hereby given at
any time without notice to the Licensee. Waiver by WSI of any breach
or any term or provision hereof shall not be deemed a waiver of any
subsequent breach of the same or any ocher term of provision. In the
event that WSI terminates the permission hereby given, for any reason,
WSI shall refund the license fee to Licensee based upon fifty percent
(50%) of the prorated fees for the unused term. For the purpose of
determining the refund, the term of use shall be deemed to be April
15th through September 15th.
4. This permission given hereunder is not exclusive to Licensee.
•
5. WSI shall not be responsible, nor held liable for any negligence of the
Licensee or Licensee' s employees, family or guests . The Licensee is
responsible for and assumes the liability for his own negligence or
that of his employees, family or his guests while utilizing any WSI
facilities or programs . Licensee does hereby release WSI and/or
landowner from all liability that may arise from the usage or
participation of this license. Licensee agrees to secure in writing
a release of all such liability from any guest or employee of the
Licensee. WSI shall be held harmless in all instances. Licensee
will at all times indemnify WSI against all actions, claims, demands,
liabilities, and damages, including but not limited to attorney's
fees expended, which may be imposed on or incurred by Licensor as a
consequence of, or arising out of, the use of the licensed premises by
licensee, its family, employees, or guests.
6. Renewal license of '7q, °a payable on or before April 1st of each
new year, provides the basic license for water sports recreation from
April 15th to September 15th each year subject to adjustments. The
Licensee will have the first option to renew the license subject to
qualification. Qualification is primarily based upon the licensee' s
previous conduct.
7 . Licensee shall maintain, at its own expense, liability insurance of no
less than 5300 ,000 .00 , which insurance must cover licensee, its family,
employees, and guests. Proof of such coverage is required each year as
a condition to renewal of the license. Liability insurance is required
on all vehicles, boats, etc.
8. Licensee understands that the Licensee is solely responsible for loss
of or damage to any and all property, licensed or not, that is left or
stored at the property. Under no exception will Windsor Shores, Inc.
or its employees assume any such responsibility.
9 . License is not transferable by Licensee.
10 . Licensee understands and agrees that WSI will operate in accordance
with appropriate governmental laws and regulations, as regards boat
operation and water sports, including Federal, State, County and Local,
and that Licensee will abide by such rules also.
11. Licensee agrees that this agreement is entered into for the purpose
of availing Licensee of WSI ' s property and programs and is not entered
into as a test program or on a trial basis. It is understood that some
additional fees may be required for certain programs, and that Windsor
Shores , Inc. , is a profit oriented corporation.
12 . The Licensee has read, understands, and agrees that this document
with the Regulations and Regulation Checklist represents, and shall be
the only agreements between him and WSI, and that all representations
either expressed or implied, are set forth in writing.
I WITNESS BE Li ansee and WSI have executed this Agreement on
thi y an r�21��=z Lc�. ,2 3/z��/ .� , 1- ,
iLicens s Signature Da ed Independent Representative Dated
Authorized WSI Approval Dated
•
GENERAL RESPONSIBILITY CHECKLIST
Windsor Shores, Inc. management has created very specific rules and
regulations governing the actions and responsibilities of each Licensee
for the ultimate purpose of preserving the enjoyment and safety in water
recreation for all of the Licensees. Courtesy, safety and consideration
are prime goals.
1. Windsor Shores, Inc. is a profit making corporation.
2. Windsor Shores, Inc. is a corporation providing Licensees with a
service and facility.
3 . Licenses are renewable yearly at Windsor Shores management option.
Windsor Shores reserves the right to revoke said license at any time.
4. License fees are subject to a yearly revision.
5. The initial "Space Improvement Fee" deposit is a non-refundable
payment. Refund will only be made should the applicant not be accepted
by Windsor Shores management.
6. Any deposit fees made with application are not refundable should
applicant decline to accept a permit if approved by Windsor Shores,
Inc.
7. All Licensees must carry insurance coverage of $300 ,000 .00 (minimum)
and agree to secure a written liability release from any of their
guests. Windsor Shores, Inc. is held harmless in all instances.
8. Licensee is responsible for all damages to property or facility by his
family or guests.
9 . Licensee agrees to abide by all Colorado Statutes, laws and regulations
pertaining to his activity on any Windsor Shores facility.
10 . It is understood that guest privileges are limited.
11 . It is understood that all vehicles, campers, boats and personal
property is the sole responsibility of the Licensee or permit holder
and if left on the premises it is at their risk only.
I have read, understand and agree to abide by all responsibilities
contained in this agreement and all rules and regulations for Windsor
Shores. Further, I understand and agree that the refund of any permit
fee monies is determined to be 50% of the prorated unused term. The term
specific for this purpose is April 15th to September 15th of any season. I
understand this is a general checklist and I may refer to the regulations
for more specific information.
/ - 3M
Signature (Li nsee) ! 'Dated
�je �� 3'
Witne the s ///9J
EXCERPTS FROM DEPOSITION
DEPOSITION OF KEITH LEROY TAYLOR
EXAMINATION DATE: June 23, 1998
1
1 DISTRICT COURT
COUNTY OF WELD
2 STATE OF COLORADO
CIVIL ACTION NO. 98 CV 394
3 DIVISION 1
4
DEPOSITION OF KEITH LEROY TAYLOR
5 EXAMINATION DATE: June 23, 1998
6
DOUG BADER, KEN BOGLINO, MIKE DUCKER,
7 LARRY HOWERTER, CAROLYN TAYLOR, DARRELL TAYLOR,
DIANE TAYLOR and KEITH TAYLOR,
8
Plaintiffs,
9
v.
10
LARRY ECKEL and WINDSOR RECREATIONAL ENTERPRISES,
11 LTD. , d/b/a WINDSOR SHORES, a Colorado corporation,
12 Defendants.
13
14 PURSUANT TO NOTICE, the deposition of
KEITH LEROY TAYLOR was taken at 2:37 p.m. , on
15 June 23, 1998, at 216 Sixteenth Street, Suite 1300,
Denver, Colorado 80202, before Patricia S. Newton,
16 Registered Professional Reporter and Notary Public
in and for the State of Colorado, said deposition
17 being taken pursuant to the Colorado Rules of Civil
Procedure.
18
19
20
21 Patricia S. Newton
Registered Professional Reporter
22
23
24
25
G:\CLIENT\5114\KTAYLOR deposition l.doc
2
1 APPEARANCES
2
For the Plaintiffs:
3
4 JOHN J. BARRY, ESQ.
Witwer, Oldenburg, Barry & Bedingfield, LLP
5 822 Seventh Street, Suite 760
Greeley, Colorado 80631
6 (970) 352-3161
7
For the Defendants:
8
9 C. SCOTT CRABTREE, ESQ.
Alexander & Crabtree, P.C.
10 216 Sixteenth Street, Suite 1300
Denver, Colorado 80202-5127
11 (303) 825-7307
12
Also present: Connie Eckel
13 Larry Eckel
Carolyn Taylor
14 Ken Boglino
Larry Howerter
15
16 INDEX
17 EXAMINATION BY: PAGE
18 Mr. Crabtree 3
19
INDEX OF EXHIBITS
20
DEPOSITION PAGE FIRST
21 EXHIBIT NO. DESCRIPTION APPEARS
22 4 3/18/91 License Agreement between
WSI and Keith and Carolyn Taylor 32
23
24
25
G:\CLIENT\51 l4\KTAYLOR deposition l.doc
32
1 some rules or regulations that apply to what you
2 can do up at that lake.
3 A That I don't know.
4 Q You don't know?
5 A I don't know. I haven't had it
6 explained to me.
I Q Mr. Taylor, I am going to hand you
E 'what'sbeen marked as Deposition Exhibit No. 4.
4 This is a three page document,i a license agreement
10 acid general responsibility checklist.,;; Nou1d you
1l look at that, .please. Could you tell,me wheter or
12 not yni have seen that document before"'
13 Have'you seen that document:,before?
14 A Yes.
15. # Is that your signature and your
16i, wife'sssignature on the third page '
1.1 X It'a my signature. I= assume that`x
16 my wife's, but; I'm not sure.
19 Q Do you recognize that signature?
20 A I recognize mine.
21 Q You recognize that as being your
22 wife's?
23 A I'll let her speak for herself. I
24 don't know.
25 Q You don't recognize your wife's
G:\CLIENT\5114\KTAYLOR deposition 1.doc
33
1 signature?
2 A I am not a writing analyst, no.
3 Q I didn't ask you to be. Have you
4 ever seen your wife sign her name before?
5 A No.
6 Q No?
7 A I don't watch her sign her name.
8 Q Okay. When you got to the
9 reservoir to use it in 1998, was it pursuant to a
10 license agreement?
11 A I 'm not a licenseholder, I am a
12 shareholder.
13 Q Are you a permitholder up there?
14 A A what?
15 Q Are you a permitholder at the lake?
16 A Permit?
17 Q Permitholder.
18 A I don't know what you mean by
19 "permit. "
20 o Da yon knave a permit tltiat lete you
.....................................
21 base that₹lako
A :We17.r we have a'-LL we ksSt!a a
29 sharehol3W* -- .dont have a i=iiie
24 Q Yoi 4on`t have a permit?
2$ A : have newer .signed open moos ':€.?i
G:\CLIEN7\5114\KTAYL.OR deposition I.doc
DEPOSI rr
EXHIBIT TME o cENTE' (skJ .
D4TE_ _ - d
LICENSE AGRELSENT �1
THIS LICENSE AGREEI+lENT made in duplicate this for-4--- /1- day of !/lo..c ,
19 9l between Windsor Shores, Inc. , A Colorado// Corporation and Licensor,
hereinafter referred to as WSI and Y�,a:14 £ (1, rO4 , 77,174,0-,
hereinafter referred to as "Licensee" whose address is )5‘ 270/ a a n�">y this 4
City 1r ;y J 4 State 44 .
Zip Code 7O&o/ Phone: Business 45-9- n./2_ Home d‘�`1— 3 x-87
Q License A - All inclusive privileges. A one time 'Space
Improvement Fee" of will be assessed.
License B - Boating only. No overnight camping.
Q License C - Camping and fishing only. Non-powered or fishing
boats limited to 15 or less . A one time "Space
Improvement Fee" of will be assessed.
Die 0Pu
In consideration of a license fee of '>cc ." WSI will convey a
license to the applicant subject to the approval of WSI. It should be
clearly understood that in the event the applicant is not approved, all
monies tendered shall be returned to applicant. It is expressly understood
that all privileges, conditions and benefits provided the Licensee by this
agreement are subject to the Regulations of Windsor Shores, Inc. , which
may be amended from time to time. It is understood that a copy of said
Regulations have been delivered to applicant and receipt of same is hereby
acknowledged.
THEREFORE IN CONSIDERATION OF THE COVENANTS CONTAINED HEREIN:
1. WSI hereby grants to licensee the right and privilege of using, subject
to all of the terms and conditions hereof, the following described
premises: Windsor Reservoir, Weld County, Colorado. Located generally
in Sections 27 , 28, 33 and 34, Township 7N, Range 67W and Sections 3
and 4, Township 6N, Range 67 W, Weld County, State of Colorado.
2 . The premises may be used by Licensee solely for recreational use and in
accordance with the rules and regulations established by WSI for such
use.
3 . WSI reserves the right to terminate the permission hereby given at
any time without notice to the Licensee. Waiver by WSI of any breach
or any term or provision hereof shall not be deemed a waiver of any
subsequent breach of the same or any ocher term of provision. In the
event that WSI terminates the permission hereby given, for any reason,
WSI shall refund the license fee to Licensee based upon fifty percent
(50%) of the prorated fees for the unused term. For the purpose of
determining the refund, the term of use shall be deemed to be April
15th through September 15th.
4 . This permission given hereunder is not exclusive to Licensee.
•
5 . WSI shall not be responsible, nor held liable for any negligence of the
Licensee or Licensee' s employees, family or guests . The Licensee is
responsible for and assumes the liability for his awn negligence or
that of his employees, family or his guests while utilizing any WSI
facilities or programs . Licensee does hereby release WSI and/or
landowner from all liability that may arise from the usage or
participation of this license. Licensee agrees to secure in writing
a release of all such liability from any guest or employee of the
Licensee. WSI shall be held harmless in all instances. Licensee
will at all times indemnify WSI against all actions, claims, demands,
liabilities, and damages, including but not limited to attorney' s
fees expended, which may be imposed on or incurred by Licensor as a
consequence of, or arising out of, the use of the licensed premises by
licensee, its family, employees, or guests.
6. Renewal license of 7T o•'' payable on or before April 1st of each
new year, provides the basic license for water sports recreation from
April 15th to September 15th each year subject to adjustments. The
Licensee will have the first option to renew the license subject to
qualification. Qualification is primarily based upon the licensee' s
previous conduct.
7. Licensee shall maintain, at its own expense, liability insurance of no
less than $300,000 .00 , which insurance must cover licensee, its family,
employees, and guests. Proof of such coverage is required each year as
a condition to renewal of the license. Liability insurance is required
on all vehicles, boats, etc.
8. Licensee understands that the Licensee is solely responsible for loss
of or damage to any and all property, licensed or not, that is left or
stored at the property. Under no exception will Windsor Shores, Inc.
or its employees assume any such responsibility.
9. License is not transferable by Licensee.
10 . Licensee understands and agrees that WSI will operate in accordance
with appropriate governmental laws and regulations , as regards boat
operation and water sports, including Federal, State, County and Local ,
and that Licensee will abide by such rules also.
11. Licensee agrees that this agreement is entered into for the purpose
of availing Licensee of WSI ' s property and programs and is not entered
into as a test program or on a trial basis. It is understood that scme
additional fees may be required for certain programs, and that Windsor
Shores, Inc. , is a profit oriented corporation.
12 . The Licensee has read, understands , and agrees that this document
with the Regulations and Regulation Checklist represents, and shall be
the only agreements between him and WSI, and that all representations
either expressed or implied, are set forth in writing.
IN WITNESS HEREOF: Licensee and WSI have executed this Agreement on
this day and year.
Licensee ' s Signature Dated Independent Representative Dated
Authorized WSI Approval Dated
GENERAL RESPONSIBILITY CHECKLIST
Windsor Shores, Inc. management has created very specific rules and
regulations governing the actions and responsibilities of each Licensee
for the ultimate purpose of preserving the enjoyment and safety in water
recreation for all of the Licensees. Courtesy, safety and consideration
are prime goals.
1. Windsor Shores, Inc. is a profit making corporation.
2. Windsor Shores, Inc. is a corporation providing Licensees with a
service and facility.
3 . Licenses are renewable yearly at Windsor Shores management option.
Windsor Shores reserves the right to revoke said license at any time.
4. License fees are subject to a yearly revision.
5. The initial "Space Improvement Fee" deposit is a non-refundable
' payment. Refund will only be made should the applicant not be accepted
by Windsor Shores management.
6. Any deposit fees made with application are not refundable should
applicant decline to accept a permit if approved by Windsor Shores;
Inc.
7. All Licensees must carry insurance coverage of $300,000 .00 (minimum)
' and agree to secure a written liability release from any of their
guests. Windsor Shores, Inc. is held harmless in all instances.
8. Licensee is responsible for all damages to property or facility by his
family or guests .
9 . Licensee agrees to abide by all Colorado Statutes, laws and regulations
pertaining to his activity on any Windsor Shores facility.
10. It is understood that guest privileges are limited.
11. It is understood that all vehicles, campers, boats and personal
property is the sole responsibility of the Licensee or permit holder
and if left on the premises it is at their risk only.
I have read, understand and agree to abide by all responsibilities
contained in this agreement and all rules and regulations for Windsor
Shores. Further, I understand and agree that the refund of any permit
fee monies is determined to be 50% of the prorated unused term. The term
specific for this purpose is April 15th to September 15th of any season. I
understand this is a general checklist and I may refer to the regulations
for more specific information.
Signature (Liven ee) u Dated
9)e,- r;2 --- 19-Dated
W`i_taes`s'
EXCERPTS FROM DEPOSITION
DEPOSITION OF KENNETH C. BOGLINO
EXAMINATION DATE: June 25, 1998
1
1 DISTRICT COURT
COUNTY OF WELD
2 STATE OF COLORADO
CIVIL ACTION NO. 98 CV 394
3 DIVISION 1
4
DEPOSITION OF KENNETH C. BOGLINO
5 EXAMINATION DATE: June 25, 1998
6
DOUG BADER, KEN BOGLINO, MIKE DUCKER,
7 LARRY HOWERTER, CAROLYN TAYLOR, DARRELL TAYLOR,
DIANE TAYLOR and KEITH TAYLOR,
8
Plaintiffs,
9
v.
10
LARRY ECKEL and WINDSOR RECREATIONAL ENTERPRISES,
11 LTD. , d/b/a WINDSOR SHORES, a Colorado corporation,
12 Defendants.
13
14 PURSUANT TO NOTICE, the deposition of
KENNETH C. BOGLINO was taken at 11:10 a.m. on
15 June 25, 1998, at 216 Sixteenth Street, Suite 1300,
Denver, Colorado, before Judi Walker, Registered
16 Professional Reporter and Notary Public in and for
the State of Colorado, said deposition being taken
17 pursuant to the Colorado Rules of Civil Procedure.
18
19
20
Judi Walker
21 Registered Professional Reporter
22
23
24
25
G:\CLIENI\5114\KBOGLINO deposition Ldoc
2
1 APPEARANCES
2
For the Plaintiffs:
3
4 JOHN J. BARRY, ESQ.
Witwer, Oldenburg, Barry & Bedingfield, LLP
5 822 Seventh Street, Suite 760
Greeley, Colorado 80631
6 (970) 352-3161
7
For the Defendants:
8
9 C. SCOTT CRABTREE, ESQ.
Alexander & Crabtree, P.C.
10 216 Sixteenth Street, Suite 1300
Denver, Colorado 80202-5127
11 (303) 825-7307
12
Also present: Connie Eckel
13 Larry Eckel
Douglas Krieger
14 Darrell Taylor
Carolyn Taylor
15
16 INDEX
17 EXAMINATION BY: PAGE
18 Mr. Crabtree 3
19
INDEX OF EXHIBITS
20
DEPOSITION PAGE FIRST
21 EXHIBIT NO. DESCRIPTION APPEARS
22 8 License Agreement 37
23
24
25
G:\CLIENT\5114\KBOGLINO deposition 1.doc
31
1 Q Did you go down and see them
2 actually pulling anything off of the Taylors'
3 space?
4 A No.
5 Q What other spaces did you see the
6 vehicles moved off?
7 A Howerters and Baders.
8 Q Are those sites pretty close to
9 yours?
10 A On either side of me.
11 Q Could you see Mike Ducker's space?
12 A No.
13 Q Did you see Mike Ducker there that
14 day?
15 A No.
16 Q Did you see Doug Bader there on the
17 25th?
18 A Yes.
19 Q And how about Larry Howerter?
20 A No.
21 Q Is it your understanding that when
22 the Taylors got back, then their sites were
23 basically unoccupied?
24 A Yes.
S Dsr. 84g134n1 i far + 00 nr3; 5
O:\CLIENT\55114\KBOGLINO deposition 1.doc
32
1 the reservoir now, are .you aware of any
2 ':,restrict ons oni:you as ;far as the number of boats
$ .;and campers that you can take out onto^:your site?
4 A.. . Restrictions 17ce can bring up 3
............................
S.,:. boats?
6 3; V yeah. Could you have Pour trailers
7 . and put :them onto your site?
8 A That's a very hard question tc
................................
9 Anata�r;
14 9 Why?:
11 . A tBecause`I'm not' sure what the rule
12 is at the lake for anybody on haw many :boats and
13 campers and trailers you can have at the lake.
14 Q Why are. you unsure what the rules
.........................
15 are?
1b . A `Because:₹here are so many different
7.7 damp sites that have so?!many different boats and
18 campers and trailers on;the lake.
19 Q I4ave you ever asked the' Eckelsor
2fl anyone associated with the Windsor Shores, Inc. i.f
21 there are rules and regulations; that apply to your
22 use of the lake?
glausummomOsm04W
24 Q Do you now assume that as far ai
25 your use` of the !lake, there aren't any ;rules and
G:\CLIEN115114\KBOGLINO deposition 1.doc
33
1 regulataones that apply to your use o£ the,
3 A Dot assume that there are nc
5 Q Yes.:
6 ..:i........ . A JNo.
7 Q !'What rules do you believe apply to
8 your use of the reservoir now?;
g A You're going to have to be more
10 spenii'iq That:'question, is too broad. r What Yes you
it mean?
12 Q Well, we've been talking about
13 :boats and campers. rs there any rule that talks
14 about the number o£ cam ers you can have, or
15 3anything about ;the number of boats or registratio
lb a£ boat's, anything at all about the use o£ that
1,7 ;reservoir?
18 A 1 don't know.:
%; QggggvggtlmltgaWmO4404eliiifigeioiiegtoigAq
20 ;rules that apply tc yoia in 'how'you can!;use it?
21 MR. BARRY: Object to the form of
22 the question.
23 A That's an -- everybody;, has rules on
24 :'them. You'd have to be more specific on which
25 ::!rules you're talking about for me.
O:\CLIENT5114\KBOGLINO deposition 1.doc
34
1 r Q (BY &ffi. CRARIYZE) I waant to fins
2 out from you Do you think any rules :apply to Stour:
3 :!first of all?.'
5 Q What rules?
6 MR. BARRY: Object to the form of
7 the question.
9 A What rules? I'.m not sure whim
9 `rules that you'd 7be talking about,;
10 ? 9 (BY iut.' CRAHTREE) I don't know
II either. :; I asked you. You think there:;are rules
I2 :that apply Yo1 said, Xeah, so. I wanted to find
13 Pout, what are they?
14 A I don't=know the .icules I haven`t
15 seen the rules in seven years.
15 .. Q You said you think there are some
I7 rules; there are always:rules that apply to
1H :everybody?
l.9 A Yes.
20 g What toles do you thinkjgowern?:you
21 on how you use the reservoir nowt
22 A Common sense rules, regulations;:
23 laws.
24 4 Do you think only om/mton sense
25 rules apply to you?
G:\CLIENT\5114\KBOGLINO deposition I.doc
35
Pii.................................... .
.....: . . is A No.
2 ,,, Q Do you think theka are:uny wttjtten
3 rums that apply to you:} as farpas your use of=the
5 MR. BARRY: Object to the form of
6 the question.
I A Written state taws p regl*lations
8 on the l:aket
9. 3 Q (BY MEi. CRAW'Uk'1 Rules:
10 promulgated to Windsor shores, tna.
11 MR. BARRY: Object to the form of
12 the question.
13 A t don't know, That's very broad,:
X4 I can't really pick out'stat your question ks:
15 Q (BY ) . CRABTREE) You daoti
Ib understand it, then, right?
J.1 A T don`t understand tour question
18 Q 'You're aware there are some Windsor
19 shares miles and;regulations?
40211NEURN814511EIes,:
21 MR. BARRY: Object to the form of
22 the question.
23 Q (BY MR. CRABTREE) What was your
24 answer?
25 A Yes,,
G:\CLIENT\A 14\KBOGLINO deposition 1.doc
36
1 $ !Row are you familiar with those?
2 MR. BARRY: Object to the form of
3 the question.
4 A ramilat with t*em7 I ?(oa'
5 nderstand what your question 3a,
6 Q a(BY` MR. C'R4414Z) Let';s go back
7 here- Okay What T asked you was it you`re atware
8 there were rules and regulations by Windsor shores;;:
9 and yon :said, Yes- T asked you'Ibanca ly how are
10 yon familiar with the fact that there are those
U rules ansl regulations?',
12 MR. BARRY: Object to the form of
13 the question.
14 A Zvery Sake has ;rules•,
%S]=WigMMWVMMASVAdCtBAtTAEEIMAA410W4e
16 actually' seen rules and:regulations promulgated by
A7 Windsor Shores that have been given to ;:you, haven`t
........................
to you'
0811111RPM§gAURNEXoy
20 MR. BARRY: Object to the form of
21 the question.
ggogRigmliEtNNUM10,4AROOti**fE8015. 4E4440:i
23 receive those rules and',regulat one'
E4 A ;1991:'.
25 Q Did you, read them?
G:\CLIEN715114\KBOGLINO deposition 1.doc
37
2 Q Since that time, have; you asked
3 ; Windsor Shores':of r., since that time. !you havent
4 asked it therejhave been any mew rules or
5 ;; regulations for 'the lake?
................
6 A No.
7 (Exhibit 8 was marked. )
8 MR. BARRY: Is there an extra copy,
9 Scott? Thank you.
10 Q (BY MR. CRABTREE) Mr Bo lino;;:
II ':we've handed you Deposition Exhibit No 8. That's
12 a license Agreement. Did you sign that anywhere*
13 A Yes.
14 Q Where does your Signature appear on
15 <there'
xfAouAwagmgmban2mp#004
7 Q That was a license agreement
18 :between.:ken Boglino andiWindsor Shores:, Inc . :as
19 That right?
4PgaggffIgggiga* ggg%004
2I Q Does your signature also appear on
22 Page 2 of that document?
23 A Yea.::
24 Q ;When yo go to .the reservoir azd
25 'use it now, in 1$98I, are you using that pursuant t
G9CLIENT 5114\KBOGLINO deposition l.doc
38
1 a license agreement?
No
3 Q ' Are you subject to a ;license
4 ;i; agreement when=you use: that?
6 = Q Are you using it as asshareholder?
7 A Yes:!
E ' g agguAggt.gmgvowYOU* 0.4MCM*040V040A1407:
.....::..:....
9 A Yes.
10 Q Is shea shareholder?
ii A No
12 Q What can You toil me �- what
13 `authorizes your; wife, Angie Bo'glino, to use the
14 reservoi•r`t'
15 ? MK. BARRY: Object to ;;the Lorin of
...............
16 ;the question.
17 A Wee married.:
18 Q ?; {BY MR. CRABTREE) Oka .
19 A ::Well, that's it::
20 : Q shareholders, wives, and who else
................
21 gets to ;use the.;reservoir?'.
22 MR. BARRY: Object to the form of
23 the question.
24 A I don't know who else. My wife is
.......................
25 able to use the ';reservoir.:
G:\CLIENT5114\KBOGLINO deposition 1.doo
39
y A Ilea#uss';she'>s mat wi. e ';
3 Q And is that set', forth sn the
4 #hateho det aq eefient £Qr you to be ab a to usee the
5 'reservoir now?
5 MR. X: . itbject to ,;the farm of
I i:the question..
8 €: A 2 don't know::
9 :.` 4 t8Y aacs. �cxx$'rxz1 so ri,e ht new, as
14 yon'te using this reservoir, you don't believe your.
11 ;!;use is subject to any -- a license agzeeaent a
A2 perwi.t or anything else; is that tight":
13 :' 14 tL'hat's; correct:.:'
14 Q Mr. Boglino, would you please tell
15 me all the losses or damages or anything else that
16 you've experienced as a result of not getting your
17 camper and so forth onto the reservoir until
18 April 25th?
19 A I don't think I'll be able to use
20 the reservoir for the rest of the year. I think my
21 only window of opportunity was the first four or
22 five or six weeks. Other than that, I think I 've
23 basically finished.
24 Q Why is that?
25 A I am now working weekends.
G:\CLIEN115114\KBOGLINO deposition 1.doc
DEPOSMON
EXHIBIT S
iHEO CE R O Sr
OATS: ��• �-�
LICENSE AGREEMENT
THIS LICENSE AGREE NT made in dup1\!!!!:711
icate this ��741,
day of i7� -c/
19 9/ between Windsor Shores, Inc. , A Colorado Corporation and Licensor,
hereinafter referred to as WSI and f(',.,,,,,.// c- RoyA„d
hereinafter referred to as "Licensee" whose address is
7LSZ S4v���rry s/. City /7,-cloak. State C �� 3
Zip Code ?COO? Phone: Business 929 -ode Home rz2 -63 JS
0 License A - All inclusive privileges. A one time "Space
Improvement Fee" of ..3ao• •' will be assessed.
License B - Boating only. No overnight camping.
Q License C - Camping and fishing only. Non-powered or fishing
boats limited to 15 hp or less. A one time "Space
Improvement Fee" of will be assessed.
In consideration of a license fee of / -71-m 'a , WSI will convey a
license to the applicant subject to the approval of WSI. It should be
clearly understood that in the event the applicant is not approved, all
monies tendered shall be returned to applicant. It is expressly understood
that all privileges, conditions and benefits provided the Licensee by this
agreement are subject to the Regulations of Windsor Shores, Inc. , which
may be amended from time to time. It is understood that a copy of said
Regulations have been delivered to applicant and receipt of same is hereby
acknowledged.
THEREFORE IN CONSIDERATION OF THE COVENANTS CONTAINED HEREIN:
. 1. WSI hereby grants to licensee the right and privilege of using, subject
to all of the terms and conditions hereof, the following described
premises : Windsor Reservoir, Weld County, Colorado. Located generally
in Sections 27, 28, 33 and 34, Township 7N, Range 67W and Sections 3
and 4 , Township 6N, Range 67 W, Weld County, State of Colorado.
2 . The premises may be used by Licensee solely for recreational use and in
accordance with the rules and regulations established by WSI for such
use.
3 . WSI reserves the right to terminate the permission hereby given at
any time without notice to the Licensee. Waiver by WSI of any breach
or any term or provision hereof shall not be deemed a waiver of any
subsequent breach of the same or any other term of provision. In the
event that WSI terminates the permission hereby given, for any reason,
WSI shall refund the license fee to Licensee based upon fifty percent
(50%) of the prorated fees for the unused term. For the purpose of
determining the refund, the term of use shall be deemed to be April
15th through September 15th.
4 . This permission given hereunder is not exclusive to Licensee.
J
5 . ' WSI shall not be responsible, nor held liable for any negligence of the
Licensee or Licensee' s employees, family or guests . The Licensee is
responsible for and assumes the liability for his own negligence or
that of his employees, family or his guests while utilizing any WSI
facilities or programs. Licensee does hereby release WSI and/or
landowner from all liability that may arise from the usage or
participation of this license. Licensee agrees to secure in writing
a release of all such liability from any guest or employee of the
Licensee. WSI shall be held harmless in all instances. Licensee
will at all times indemnify WSI against all actions, claims, demands,
liabilities, and damages, including but not limited to attorney's
fees expended, which may be imposed on or incurred by Licensor as a
consequence of, or arising out of, the use of the licensed premises by
licensee, its family, employees, or guests.
6. Renewal license of /?a• '' payable on or before April 1st of each
new year, provides the basic license for water sports recreation from
April 15th to September 15th each year subject to adjustments. The
Licensee will have the first option to renew the license subject to
qualification. Qualification is primarily based upon the licensee' s
previous conduct.
7 . Licensee shall maintain, at its own expense, liability insurance of no
less than $300 ,000 .00 , which insurance must cover licensee, its family,
employees, and guests. Proof of such coverage is required each year as
a condition to renewal of the license. Liability insurance is required
on all vehicles, boats, etc.
8. Licensee understands that the Licensee is solely responsible for loss
of or damage to any and all property, licensed or not, that is left or
stored at the property. Under no exception will Windsor Shores, Inc.
or its employees assume any such responsibility.
9 . License is not transferable by Licensee.
10 . Licensee understands and agrees that WSI will operate in accordance
with appropriate governmental laws and regulations, as regards boat
operation and water sports, including Federal, State, County and Local,
and that Licensee will abide by such rules also.
11 . Licensee agrees that this agreement is entered into for the purpose
of availing Licensee of WSI' s property and programs and is not entered
into as a test program or on a trial basis. It is understood that some
additional fees may be required for certain programs, and that Windsor
Shores, Inc. , is a profit oriented corporation.
12 . The Licensee has read, understands, and agrees that this document
with the Regulations and Regulation Checklist represents, and shall be
the only agreements between him and WSI, and that all representations
either expressed or implied, are set forth in writing.
IN WITNESS HEREOF: Licensee and WSI have executed this Agreement on
this day and year.
// r li/
Licensee ' s Signs e Dated Independent Representative Dated
Authorized WSI Approval Dated
GENERAL RESPONSIBILITY CHECKLIST
Windsor Shores, Inc. management has created very specific rules and
regulations governing the actions and responsibilities of each Licensee
for the ultimate purpose of preserving the enjoyment and safety in water
recreation for all of the Licensees. Courtesy, safety and consideration
are prime goals.
1. Windsor Shores, Inc. is a profit making corporation.
' 2. Windsor Shores, Inc. is a corporation providing Licensees with a
service and facility.
3 . Licenses are renewable yearly at Windsor Shores management option.
' Windsor Shores reserves the right to revoke said license at any time.
4. License fees are subject to a yearly revision.
5. The initial 'Space Improvement Fee" deposit is a non-refundable
payment. Refund will only be made should the applicant not be accepted
by Windsor Shores management.
6. Any deposit fees made with application are not refundable should
applicant decline to accept a permit if approved by Windsor Shores,
Inc.
7 . All Licensees must carry insurance coverage of $300,000 .00 (minimum)
and agree to secure a written liability release from any of their
guests. Windsor Shores, Inc. is held harmless in all instances.
8. Licensee is responsible for all damages to property or facility by his
family or guests.
9. Licensee agrees to abide by all Colorado Statutes, laws and regulations
pertaining to his activity on any Windsor Shores facility.
10 . It is understood that guest privileges are limited.
11. It is understood that all vehicles, campers, boats and personal
property is the sole responsibility of the Licensee or permit holder
and if left on the premises it is at their risk only.
I have read, understand and agree to abide by all responsibilities
contained in this agreement and all rules and regulations for Windsor
Shores. Further, I understand and agree that the refund of any permit
fee monies is determined to be 508 of the prorated unused term. The term
specific for this purpose is April 15th to September 15th of any season. I
understand this is a general checklist and I may refer to the regulations
for more specific information. /J
C. T -.4, ; V
Signature (Licensee)c- Dated
/
\ � /f<!I-7,La etc? j . , ✓/ Dated
Withesl
EXCERPTS FROM DEPOSITION
DEPOSITION OF CAROLYN MARGARET TAYLOR
EXAMINATION DATE: June 25, 1998
1
1 DISTRICT COURT
COUNTY OF WELD
2 STATE OF COLORADO
CIVIL ACTION NO. 98 CV 394
3 DIVISION 1
4
DEPOSITION OF CAROLYN MARGARET TAYLOR
5 EXAMINATION DATE: June 25, 1998
6
DOUG BADER, KEN BOGLINO, MIKE DUCKER,
7 LARRY HOWERTER, CAROLYN TAYLOR, DARRELL TAYLOR,
DIANE TAYLOR and KEITH TAYLOR,
8
Plaintiffs,
9
v.
10
LARRY ECKEL and WINDSOR RECREATIONAL ENTERPRISES,
11 LTD. , d/b/a WINDSOR SHORES, a Colorado corporation,
12 Defendants.
13
14 PURSUANT TO NOTICE, the deposition of
CAROLYN MARGARET TAYLOR was taken at 10:35 a.m. on
15 June 25, 1998, at 216 Sixteenth Street, Suite 1300,
Denver, Colorado, before Judi Walker, Registered
16 Professional Reporter and Notary Public in and for
the State of Colorado, said deposition being taken
17 pursuant to the Colorado Rules of Civil Procedure.
18
19
20
Judi Walker
21 Registered Professional Reporter
22
23
24
25
G:\CLIENTS 114\CTAYLOR deposition 1.doc
2
1 APPEARANCES .
2
For the Plaintiffs:
3
4 JOHN J. BARRY, ESQ.
Witwer, Oldenburg, Barry fi Bedingfield, LLP
5 822 Seventh Street, Suite 760
Greeley, Colorado 80631
6 (970) 352-3161
7
For the Defendants:
8
9 C. SCOTT CRABTREE, ESQ.
Alexander & Crabtree, P.C.
10 216 Sixteenth Street, Suite 1300
Denver, Colorado 80202-5127
11 (303) 825-7307
12
Also present: Connie Eckel
13 Larry Eckel
Douglas Krieger
14 Darrell Taylor
Kenneth Boglino
15
16 INDEX
17 EXAMINATION BY: PAGE
18 Mr. Crabtree 3
19
INDEX OF EXHIBITS
20
DEPOSITION PAGE FIRST
21 EXHIBIT NO. DESCRIPTION APPEARS
22 4* License Agreement and General 24
Responsibility Checklist signed by
23 Keith and Carolyn Taylor 3/19/91
24
* (Exhibits marked in previous depositions. )
25
G:\CLIENT\5114\CTAYLOR deposition I.doc
24
1 reservoir, how you use the lake or the ground or
2 anything around it?
3 A Restate that, please.
Q 1�eah Is there anything ttlat
8'- 're aware of that restricts; a7 flu is thae•,flSt of
S - the reservoir or the4ite
I A Not that I'!a awake ot,
8 Q Ms„ tayylor, I'm hniAing you what'is
9 been 'marked as.;peposition Exhibit No. 4 This is o
10 license agreement and general responsibility
11 : checklist. Would you :look at that, please? Tell
12 " me whether or not youtve ever seen that document
13 :_before
...........................................................................
IARREERIZEIRWERggX00
15 ' Q Is your signature found on any of
16 ; the pages of that document?
17 '! A Yes..
1;8 Q bid you sign that sometime in or
..................................................
1.9 around',1991?
20 A Fes.;:
21 :. Q When y:ou go to the reservoir:now
22 in 1998, is your use of the reservoir;.subject. to a
23 license agreement?
24 : A No, sir.
25 '; Q Is it subject,to a permit of any
G:\CLIEN715114\CTAYLOR deposition l.doc
25
1 ..„ ak Ycr_ igA Ea be ab ® to usa. tt. :***44
3 Q Ms. Taylor, do you claim that
•
4 you've suffered some loss or damage or costs or
5 anything as a result of not being able to get onto
6 the reservoir until April 25 of 1998?
7 A Yes.
8 Q What is that?
9 A Monetary, I have no idea. Mental
10 anguish, much.
11 Q Describe that for me, please.
12 A I've never had an encounter with a
13 police officer before and that was not something --
14 I hope I never have to go through it again.
15 Q Anything else as far as mental
16 anguish other than what you've described with the
17 police situation?
18 A Yes. I think that not being able
19 to be friends with everyone is -- I mean, I've
20 never had enemies before, so I think that's
21 damaging to my family.
22 Q What's causing that; do you know?
23 A Well, this lawsuit.
24 Q Do you think it's the fact that
25 you're a plaintiff in a lawsuit against the
G:\CLIENT\5114\CTAYLOR deposition Ldoc
DEPOS1
EXHIBIT
T1iE o cExrE.
DATE:
LICENSE AGREDIM7T O �1
THIS LICENSE AGREEMENT made in duplicate this )1 day of //1o.....1
19 (/ / between Windsor Shores, Inc. , A Colorado Corporation and Licensor,
hereinafter referred to as WSI and Re,; t £ 't ro lu
hereinafter referred to as "Licensee" whose address is 19 270 a L_, , 44VS•City r r 2 ,i State tirl
t
Zip Code f0Go/ Phone: Business Gs9- 5e6/Z Home e5?— .3 )-c'7
License A - All inclusive privileges. A one time "Space
Improvement Fee" of will be assessed.
Q License B - Boating only. No overnight camping.
Q License C - Camping and fishing only. Non-powered or fishing
boats limited to 15 or less. A one time "Space
Improvement Fee" of 474 will be assessed.
oe o'
In consideration of a license fee of "2,17%: ." WSI will convey a
license to the applicant subject to the approval of WSI. It should be
clearly understood that in the event the applicant is not approved, all
monies tendered shall be returned to applicant. It is expressly understood
that all privileges, conditions and benefits provided the Licensee by this
agreement are subject to the Regulations of Windsor Shores, Inc. , which
may be amended from time to time. It is understood that a copy of said
Regulations have been delivered to applicant and receipt of same is hereby
acknowledged.
THEREFORE IN CONSIDERATION OF THE COVENANTS CONTAINED HEREIN:
1. WSI hereby grants to licensee the right and privilege of using, subject
to all of the terms and conditions hereof, the following described
premises: Windsor Reservoir, Weld County, Colorado. Located generally
in Sections 27 , 28, 33 and 34, Township 7N, Range 67W and Sections 3
and 4 , Township 6N, Range 67 w, weld County, State of Colorado.
2 . The premises may be used by Licensee solely for recreational use and in
accordance with the rules and regulations established by WSI for such
use.
3 . WSI reserves the right to terminate the permission hereby given at
any tine without notice to the Licensee. Waiver by WSI of any breach
or any term or provision hereof shall not be deemed a waiver of any
subsequent breach of the same or any other term of provision. In the
event that WSI terminates the permission hereby given, for any reason,
WSI shall refund the license fee to Licensee based upon fifty percent
(50%) of the prorated fees for the unused term. For the purpose of
determining the refund, the term of use shall be deemed to be April
15th through September 15th.
4. This permission given hereunder is not exclusive to Licensee.
•
5 . WSI shall not be responsible, nor held liable for any negligence of the
Licensee or Licensee' s employees, family or guests . The Licensee is
responsible for and assumes the liability for his own negligence or
that of his employees, family or his guests while utilizing any WSI
facilities or programs . Licensee does hereby release WSI and/or
landowner from all liability that may arise from the usage or
participation of this license. Licensee agrees to secure in writing
a release of all such liability from any guest or employee of the
•
Licensee. WSI shall be held harmless in all instances. Licensee
will at all times indemnify WSI against all actions, claims, demands,
liabilities, and damages, including but not limited to attorney's
fees expended, which may be imposed on or incurred by Licensor as a
consequence of, or arising out of, the use of the licensed premises by
licensee, its family, employees, or guests.
6. Renewal license of 1:5o-S payable on or before April 1st of each
new year, provides the basic license for water sports recreation from
April 15th to September 15th each year subject to adjustments. The
Licensee will have the first option to renew the license subject to
qualification. Qualification is primarily based upon the licensee' s
previous conduct.
7. Licensee shall maintain, at its own expense, liability insurance of no
less than $300,000 .00 , which insurance must cover licensee, its family,
employees, and guests. Proof of such coverage is required each year as
a condition to renewal of the license. Liability insurance is required
on all vehicles, boats, etc.
8. Licensee understands that the Licensee is solely responsible for loss
of or damage to any and all property, licensed or not, that is left or
stored at the property. Under no exception will Windsor Shores, Inc.
or its employees assume any such responsibility.
9. License is not transferable by Licensee.
10 . Licensee understands and agrees that WSI will operate in accordance
with appropriate governmental laws and regulations, as regards boat
operation and water sports, including Federal, State, County and Local,
and that Licensee will abide by such rules also.
11 . Licensee agrees that this agreement is entered into for the purpose
of availing Licensee of WSI' s property and programs and is not entered
into as a test program or on a trial basis. It is understood that some
additional fees may be required for certain programs, and that Windsor
Shores, Inc. , is a profit oriented corporation.
12 . The Licensee has read, understands, and agrees that this document
with the Regulations and Regulation Checklist represents, and shall be
the only agreements between him and WSI, and that all representations
either expressed or implied, are set forth in writing.
IN WITNESS HEREOF: Licensee and WSI have executed this Agreement on
this day and year.
Licensee ' s Signature Dated Independent Representative Dated
Authorized WcI Approval Dated
•
GENERAL RESPONSIBILITY CHECKLIST
Windsor Shores, Inc. management has created very specific rules and
regulations governing the actions and responsibilities of each Licensee
for the ultimate purpose of preserving the enjoyment and safety in water
recreation for all of the Licensees. Courtesy, safety and consideration
are prime goals.
1. Windsor Shores, Inc. is a profit making corporation.
2. Windsor Shores, Inc. is a corporation providing Licensees with a
service and facility.
3 . Licenses are renewable yearly at Windsor Shores management option.
' Windsor Shores reserves the right to revoke said license at any time.
4. License fees are subject to a yearly revision.
5. The initial "Space Improvement Fee" deposit is a non-refundable
• payment. Refund will only be made should the applicant not be accepted
by Windsor Shores management.
6. Any deposit fees made with application are not refundable should
applicant decline to accept a permit if approved by Windsor Shores;
Inc.
7. All Licensees must carry insurance coverage of $300 , 000 .00 (minimum)
and agree to secure a written liability release from any of their
guests. Windsor Shores, Inc. is held harmless in all instances.
8. Licensee is responsible for all damages to property or facility by his
family or guests.
9. Licensee agrees to abide by all Colorado Statutes, laws and regulations
pertaining to his activity on any Windsor Shores facility.
10 . It is understood that guest privileges are limited.
11. It is understood that all vehicles, campers, boats and personal
property is the sole responsibility of the Licensee or permit holder
and if left on the premises it is at their risk only.
I have read, understand and agree to abide by all responsibilities
contained in this agreement and all rules and regulations for Windsor
Shores. Further, I understand and agree that the refund of any permit
fee monies is determined to be 50% of the prorated unused term. The term
specific for this purpose is April 15th to September 15th of any season. I
understand this is a general checklist and I may refer to the regulations
for more specific information.
Signature (Licea ee) Dated
I / /9- 9/
Dated
• s'
Hello