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Home My WebLink About1.07 Covenants, Conditions & Restrictions■Ill nialliPANiiiGii!4 .14110411011,1M *ICI ®I 111 Reception#: 729973 68/03/2007 12:10:58 PM Jean Rlberico 1 of 5 Rec Fee:S25.00 Doc Fee:0.00 GARFXELD COUNTY CO SECOND AMENDMENT TO RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR IRONBRIDGE This Amendment (this "Amendment") is made this 19 day of Pt Fri 1 , 2007, and constitutes an amendment to the Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge, recorded March 18, 2003 at Reception No. 623133 in the real property records of the County of Garfield, State of Colorado, as amended and by a document recorded on December 9, 2004 at Reception No. 664762 (Furst Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge) and collectively referred to in this Amendment as the "Declaration". WITNESSETH: WHEREAS, the Declaration created and defined certain covenants, conditions, restrictions and easements for Ironbridge (the "Project"); WHEREAS, pursuant to Article XX of the Declaration, the Declaration may be amended by the consent and agreement of Owners (all capitalized terms shall have the meanings as defined in the Declaration, unless otherwise defined herein) representing sixty-seven percent (67%) or more of the votes possible to be cast under the Declaration; and WHEREAS, pursuant to the Bylaws of the Ironbridge Property Owners Association (the "Association") a vote of the Owners was held on the f i day of pr 1 1 , 2007 and votes totaling more than 67% of the Owners voted to approve these Covenants as attested by the Secretary of the Association as set forth below. NOW, THEREFORE, the Declaration is hereby amended as follows; 1. The first sentence of Section 4.13 of the Declaration shall be amended to read as follows: "To the fullest extent permitted by the Act, the Association may provide services to a Member or group of Members including, but not limited to, entering into an agreement(s) to allow a Member or group of Members to use all or any part of the Private Amenities." 2. The first paragraph of Section 6.5 of the Declaration shall be amended to add at the end of such paragraph the following: "Notwithstanding the foregoing, the Association may, from time to time, pursuant to Section 4.13 of the Declaration, enter into an agreement with the respective Second Amendment to Restated Covenants, etc. Ironbridge page 1 After recording return to: Wear, Travers & Perkins, P.C. 1000 5 Frontage Rd W, Ste 200 Vail, CO 81657 5 1111 # 'r.!� �i�4 I� AMIE Dill 11111 Reception*: 729973 0810312007 12.10:59 PM Jean Aiberico 2 of 5 Rem Fee:$26.00 Doo Fee:0.00 Gf1RFIELD COUNTY CO owners of the Private Amenities, on such terms and conditions as the Association deems reasonable, which agreement would, among other things, allow an Owner or Owners to use the Private Amenities. Copies of any such agreement(s) may but need not be recorded in the office of the Clerk and Recorder of Garfield County, Colorado." 3. Section 11.2 of the Declaration shall be amended to add an additional sentence at the end of the section to read as follows: "The Assessments may include fees charged to the Association for use of the Private Amenities in accordance with contract(s) entered into by the Association pursuant to Sections 4.13 and 6.5 of these Declarations." 4. Section 11.4 of the Declaration shall be amended by the addition of the following at the end of the second sentence thereof: "...; and expenses incurred by the Association, if any, pursuant to the provision of special services to the Owners by the Association as provided in Section 4,13 of this Declaration." 5. This Amendment will be governed by and interpreted in accordance with the laws of the State of Colorado. 6. This Amendment hereby supersedes and controls over any contrary provision contained in the Declaration as adopted before this Amendment. In case of conflict between the Declaration as amended hereby and the Articles and the Bylaws of The Ironbridge Property Owners' Association, the Declaration, as amended, shall control. 7. Except as specifically set forth in this Amendment, the Declaration as adopted before this Amendment remains unchanged and in full force and effect. This Amendment to Declaration shall hereafter be interpreted for all purposes as part of the Declaration. THE BALANCE OF THIS PAGE IS LEFT INTENTIONALLY BLANK SIGNATURE PAGES FOLLOW Second Amendment to Restated Covenants, etc. Ironbridge page 2 { 1111 EA T,ITA1IMI,10110004F. IVIIiiii 11111 Reception#: 729973 08f03/2007 12:10:59 PM Jean Rlberico 3 aF 5 Rea Fee426.00 Doe Fee:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the undersigned as President of the Ironbridge Property Owner's Association, pursuant to Article 30C of the Declaration, has executed this Amendment on the day and year first written above. STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. somas ScEl'dt, Pri ent Ironbridge Property Owner's Association The foregoing Second Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge was acknowledged to before me this day of y , 2007 by J. Thomas Schmidt, as President of the Ironbridge Property Owner's Assoc' atti n. My Commission expires: 0,2. - p Z -,2Q O g Second Amendment to Restated Covenants, etc. Ironbridge page 3 J 1111 IA FITYLN11.10.10,441 I SCI 'W ilfi ' ] iJ 11111 Reception#: 729973 08/0312007 12:10.59 PM Jean Rlberieo 4 of 5 Rec Fee:S26.00 Doc Feet:B.00 GARFIELD COUNTY CO CER'i'IF'1CATION BY SECRETARY 1, Eric E. Forerster, as Secretary of the Ironbridge Property Owner's Association, pursuant to Article XX of the Declaration and as required by the Colorado Common Interest Ownership Act certify that the foregoing Second Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge was submitted to the Owners as defined in the Declaration at a meeting called on the 19`6 day of April, 2007, for that purpose and received the approval of more than sixty-seven percent of the votes possible to be cast under this Declaration. Eric E. Foerster, Secretary Ironbridge Property Owner's Association STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. The foregoing Certification of Second Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge was acknowledged to before me this day of tip S , 2007 by Eric E. Foerster, as Secretary of the Ironbridge Property Owner's Association. Notary he My Commission expires: tc.-Ai, S. KELLER-GREEN NOTARY PUBLIC STATE OF COLORADO My Commission Expires 10/002009 Second Amendment to Restated Covenants, etc. Ironbridge page 4 r 111 171.111tIrdtillinilikitrireARIVNALIMNili ®i 111 Receptftn#: 729973 0810312007 12:10:59 PM Jean Alberico 5 of 5 Rec Fee:$26.00 Ccc Fee:0.00 GARFIELD COUNTY CO APPROVAL OF DECLARANT The undersigned Declarant consent, pursuant to Article XX of the Declaration and may be as required by the Colorado Common Interest Ownership Act to the terms and conditions of the foregoing Second Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge which consent is given on this \ day of , 2007. DECLARANT: LB Rose Ranch LLC, a Delaware limited liability company By: PAMI LLC, a Delaware limited liability company, its managing member Name:rguerite.M. Brogan Title: Authorized Signatory STATE OF NEV4 YO&L(, ) COUNTY OF NEILot )SS The foregoing instrument was acknowledged before me this 1 day of ' 2007, by Marguerite M. Brogan, as Authorized Signatory of PAMI LLC, a Delaware limited liability company, as managing member of LB Rose Ranch LLC, a Delaware limited liability company. My commission expires: Notary Public Second Amendment to Restated Covenants, etc. Ironbridge page 5 MARIBEL RUIZ Notary Public, State of New York No_ 01RU6081733 Qualified in County of New York Commission Expires October 8, 2010