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HomeMy WebLinkAbout1.07 Recorded declaration of protective covenantsEXHIBIT 8 Recorded Declaration of Protective Covenants (Covenants) Aspen Equestricin Estates � Equestrian Lot men • meta & Rezonln 111111111111111111111! 111111111111I1I1111111111ilii1111 564662 06/06/2000 12:31? 61181 P248 )I RLSDORF 1 of 26 R 145.00 G 0.00 GRRFIELD COUNTY CO DECLARATION OF PROTSCTIV$ COVENANT$ FOR ASPEN sOUsgyRIAN ESTATES SUBDIVISION WHEREAS, ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability company ("Declarant") has caused certain real property in Garfield County, Colorado, to be surveyed, subdivided and platted into forty-seven (47) residential lots described as Lots B1 through B11, C1 through C16 and E1 through E20, Aspen Equestrian Estates, (collectively the "Lots") and remaining areas of land which generally includes roads, utility facilities and open space which is not within the Lots (the "Common Elements"). The Lots and the Common Elements are collectively referred to as the "Development". In addition, there has also been created and platted one Equestrian Lot (the "Equestrian Lot"). The Lots, Common Elements and Equestrian Lot are shown on the plat of ASPEN EQUESTRIAN ESTATES SUBDIVISION/PUD which plat has been filed for record in the real property records of Garfield County, Colorado, qn the 444 day of kne.. , 2000, at rages �',i Hi/5" 7 4 (the "Plat") . Except where specifically referred to in this Declaration, the Equestrian Lot is not subject to the terms of this Declaration and shall not be included within the term "Development." NOW, THEREFORE, Declarant, as the owner in fee simple of all of the lands included within said Plat as above described, does hereby declare and acknowledge that all of the lands within said Development as shown on the Plat are and shall hereafter be subject to all of the covenants, restrictions, and limitations contained hereinafter, and further reserves to itself all of the lands and easements described in Article 8 hereinafter. These covenants shall run to the benefit of and be enforceable by the owners of the property within the Development and to the extent provided for herein, by the owner of the Equestrian Lot, IN WITNES WHEREOF Declarant, has executed this instrument this �y day of L,c&' , 2000. ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability company Bye.. - Jay W. Weierg, Manager (NOTARY BLOCK ON FOLLOWING PAGE) i 111111111111111111 IIII 111111111111111111111111111111111 384682 05/06/2000 12:31P 81191 P249 M RLSDORF 2 of 29 R 143.00 D 8.00 GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF PITKIN } ss. The foregoing instrument was acknowledged before me this e5f11. day of , 2000 by aay N. Weinberg, acting in his capacity!•a a manager of Aspen Equestrian Estates, LLC, a Colorado imited liability company. WITNESS my hand and seal. 4. y. �goMMIssion expires: l )AA .`.T c -o c- A��L1u ii Contents 111111111111111111111111111111111111II11111111111111111 664582 06/96/2080 12:31P BU91 P2S9 M A..SDORF 3 of 29 R 14*3.9 D 0,00 GARFIELD COUNTY CO DECLARATION OF PROTECTIVE commus FOR ASPEN EQUESTRIAN UTATEB SUBDIVISION TABLE OF CONTENTS ARTICLE 1 -- PURPOSE OF COVENANTS Page 1.1 General Requirements 1 1.2 Planned Community 1 M ICLE 2 -- DEFINITIONS 2.1 Allocated Interests 1 2.2 Association 1 2.3 Board 1 2.4 Colorado Common Interest Ownership Act 1 2.5 Common Elements 1 2.6 Common Expenses 1 2.7 Declarant 2 2.8 Declaration 2 2.9 Equestrian Lot 2 2.10 Green Belt and Wetland Areas 2 2.11 Owner 2 2.12 Recorded Plat 2 2.13 Lots 2 2.14 Restricted Open Space 3 2.15 Development and the term Development 3 2.16 Units 3 ARTICLE 3 -- ASPM EOUBSTRIAR,$STATES HOMEOWNERS ASSOCIATION 3.1 Membership and Voting Rights in the Association 3 3.2 Association Easement 4 3.3 Governing Instruments 4 3.4 Duties and Voting of Board 4 3.5 Election of the Board 5 3.6 Removal of Directors 5 3.7 Delivery of Association Property 5 3.8 Budget 6 3.9 Assessments 7 3.10 Assessment Lien 7 3.11 Statement of Assessments and Liability of Purchasers 8 3.12 Incorporation into Future Filings 9 3.13 Declarant's and Owners Acknowledgment of Future Development Potential 9 3.14 Sewer Service Disclosure 9 iii 1 IIII1111111111111111111I11l 1111 lllllll 111 lllll 11111111 5645582 06/00/2000 12:31P 81191 P251 M ALSDGRF 4 of 29 R 145.00 D 0.00 GARFIELD COUNTY CO 3.15 Water Service to Equestrian Lot 10 ARTICLE_ 4 -- ARCHITECTURAL COMMITTEE 4.1 Architectural Committee 11 4.2 Approval by Architectural Committee 11 4.3 Variances 11 4.4 General Requirements 12 4.5 Preliminary Approvals 12 4.6 Architectural Plans 12 4.7 Architectural Committee Not Liable 12 4.8 Written Records 13 ARTICLE 5 -- GENERAL RES'RICTIONS ON ALL LOTS 5.1 Zoning Regulations 13 5.2 No Mining, Drilling, or Quarrying 13 5.3 No Business Uses 13 5.4 Signs 14 5.5 Animals and Fencing 14 5.6 Service Yards and Trash 16 5.7 No Discharge of Firearms 16 ARTICLE 6 -- REQTRXCTXONS ON LOTS 6.1 Number and Location of Buildings 16 6.2 Dwelling House to be Constructed First 17 6.3 Towers and Antennae 17 6.4 Trees and Landscaping 17 6.5 Tanks 17 6.6 Used or Temporary Structures 17 6.7 Exterior Lighting 17 6.8 Off -Street Parking 18 6.9 Dust Control 18 6.10 Weed Control 16 6.11 Road Damage 18 ARTICLE 7 -- RESERVED DEVELOPMENT AND SPECIAL DECLARANT RIGRTS 7.1 Addition of Unspecified Real Estate 19 7.2 Reservation of Withdrawal Rights 19 7.3 Other Reserved Rights 19 7.4 Change in Allocated Interest 20 7.5 Termination of Rights 20 ART= 8 -- EASEMENTS AND LANDS RESERVED 8.1 Utility Easements Reserved 6.2 Equestrian Easements iv 20 20 1111111 IIIA 111111 1111111111111111111111111111111111111 564582 06/06/2000 12:31P 81103 P202 R ALSDORF 5 of 29 R 145.00 D 0.00 GARFIELD COUNTY CO 8.3 Easements for Roads 21 9.1 Enforcement Action 21 9.2 Limitations on Actions 21 10.1 Insurance. ARTICLE 10 -- INSURANCE 10.2 Fidelity Insurance 10.3 Insurance Premiums are Common Expenses MTICLE 11 -- GENERAL PROVISIONS 11.1 Covenants to Run 11.2 Termination and Amendment of Declaration 11.3 Severability 11.4 Repeal of the Act 11.5 Paragraph Headings v 21 22 22 22 22 23 23 23 111111 IIIA 111111 1111 10111 111 111111 1il 113 IIII In 564562 06/06/2000 12:31P 51191 P253 M ALSDORF 6 of 29 R 145.00 0 0.00 GARFIELD COUNTY CO DECLARATIQl OP PROTECTIVE _CQVSHANTB FOR ?1$PEN SOO'SBT'RIAPLESTATSB SUBDIVISION ARTICLE 1 -- PURPOSE OF COVENANTS 1.1 General JReauirements. The name of the common interest community created hereby is the "Aspen Equestrian Estates Subdivision." It is the intention of Declarant, expressed by its execution of this instrument, that the lands within the Aspen Equestrian Estates Subdivision, but excluding therefrom the Equestrian Lot, be developed and maintained as a highly desirable residential area. It is the purpose of these covenants that the present natural beauty, the natural growth and native setting and surroundings of the Development shall always be protected insofar as is possible in connection with the uses and structures permitted by this instrument. 1.2 Planned Community. The Development shall be considered a planned community for purposes of the Colorado Common Interest Ownership Act, as hereafter defined. ARTICLE 2 -- DEFIEITIONS 2.1 Allocate Interestp means the undivided interest in the Assessments and votes in the Association allocated to each Lot. Except for specially allocated common expenses allowed pursuant to Section 3.9, Common expenses shall be assessed equally to each Lot and each Lot shall have one vote in Association matters. 2.2 Associatkpn means the Aspen Equestrian Estates Homeowners Association, a Colorado non-profit corporation and its successors and assigns. 2.3 Board means the Board of Directors of the Association. 2.4 Colorado Common_Interest Ownership Act. To the extent applicable, this Declaration is governed by the Colorado Common Interest Ownership Act (the "Act"), C.R.S. 5 38-33.3-101, at.. AZ$ 2.5 Common ElO.ments. All portions of the Development except for the Lots. The Common Elements shall be owned by the Association. 2.6 Common Expenses means (i) all expenses expressly declared to be common expenses by this Declaration or the Bylaws of the Association; (ii) all other expenses of administering, servicing, conserving, managing, maintaining, repairing or replacing the Common Elements; (iii) insurance premiums for the insurance carried under Article 9; and (iv) all expenses lawfully determined to be common expenses by the Board. I Illlll II I1 Milli IM H ll 1111 HEM 111111111Ilii 564562 06/06/2000 12:31P 81191 P254 M ALSDORF 7 of 29 R 145.00 D 0.00 GARFIELD COUNTY CO 2.7 Declarant. The Declarant is Aspen Equestrian Estates, LLC, a Colorado limited liability company. 2.8 Declaration. This Declaration of Protective Covenants for the Aspen Equestrian Estates Subdivision, and any and all duly executed amendments, supplements, or additions to this Declaration recorded in the office of the Clerk and Recorder of Garfield County, Colorado, and including any maps or plats recorded in connection therewith. 2.9 Egueetrian Lat. The real property designated as the "Equestrian Lot" on Sheet 1 of the Plat. The uses permitted on the Equestrian Lot shall be limited to those which are permitted under Resolution 98-11, any amendments thereto or the Garfield County Land Use Code in effect and as amended from time to time. 2.10 Green Belt and Wetland Areas. The Plat indicates an area described as "Greenbelt Area" with a boundary described by a "Greenbelt Delineation" line. The Greenbelt Area was established by a private covenant recorded in Book 725, page 792-796. This area affects Lots B2 through B10. No use or development within a Lot shall occur within the Greenbelt Area that affects such Lot except for the repair, replacement and maintenance of fences, ditches and drainage and irrigation structures, subject to approval of the Architectural Control Committee as provided for in these Declarations. The Plat also identifies the location of the 100 year Floodplain and a wetlands area described by the "Wetlands Delineation per Environmental & Ecological Resources, LLC dated September 17,1999" and shown on Sheet 2 of 2 of the Final Plat. No development shall occur within the 100 year floodplain or the Wetlands Delineation area, except for the repair, replacement and maintenance of fences, ditches and drainage, flood control and irrigation structures, as may be permitted by the Board and any governmental entity having jurisdiction over such areas. During construction on any Lot which contains or is adjacent to wetlands, silt fencing around such areas under construction shall be used to protect the wetlands from disturbance. 2.11 Owner means any person, firm, corporation, partnership, association, or other entity, including the Declarant, or any combination thereof, who own(s) one or more Lots. The term "Owner" shall not refer to any lienholder unless such lienholder has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. 2.12 ggg4r1 Plat shall mean that map recorded ert—Piet Beek at Eigliii 5.6//1 75' of the records of the Clerk and Recorder of Garfield County, Colorado (hereinafter referred to as "Plat") and any Amendments or Replats thereof of all or a portion of said Lands. The - 2 - preliminary 11111111111111111111I11111111111101111111 !111111111111 584542 06/06/2000 1231P 81191 P255 M ALSDDRF 8 of 29 R 145.00 D 0.80 GARFIELD COUNTY CO plan approval is County Resolution No. 2000-15, dated February 22, 2000, and the PUD plan approval is Resolution 98-11, dated March 2, 1998 and amended by Resolution 2000-016, dated February 22, 2000. 2.13 Jots shall mean all of the residential lots as designated on the Plat. Each Lot and the appurtenant interest in the Association shall comprise one Lot, shall be inseparable and may be transferred, leased, devised or encumbered only as a Lot. Any contract of sale, deed, lease, Mortgage, will or other instrument affecting a Lot may describe it by its Lot number, Aspen Equestrian Estates Subdivision, Garfield panty State of Colorado, according to the Plat thereof recorded in . 1at Bek 76-e5-),a-6--Pepe and the Declaration thereof recorded in Book hen at Page dyes , in the records of the Clerk and Recorder of the Pitkin County, Colorado, as amended from time to time. Each Lot ehall be considered a separate parcel of real property and ehall be separately assessed and taxed. 2.14 Restricted Open Space shall mean areas identified on the Plat within the Open Space zone district boundary or otherwise identified as open space, as described on the Plat. The uses of the Restricted Open Space shall be regulated by the Board by its establishment of rules and regulations therefore and shall at all times comply with the terms of such zone district as established by Resolution 98-11 of the Board of County Commissioners of Garfield County, Colorado, recorded in Book 1056 Page 952 of the records of Garfield County, Colorado, ("Resolution 98-11") and such other uses that may be permitted in such zone district by Garfield County in the future. The zone district regulations and definitions related thereto as established by Garfield County shall be used in any interpretation of the uses so permitted, provided in the event of any conflict between the terms of Resolution 98-11 and the general zoning regulations of Garfield County, the terms of Resolution 98- 11 shall be given paramount effect. Any Restricted Open Space located within the 100 Year Floodplain shall also be subject to the regulations which apply to such areas. 2.15 pevelopment and the Term Development. The Lots and the Common Elements are collectively referred to as the "Development". In addition, there has also been created and platted one Equestrian Lot (the "Equestrian Lot"). The Lots, and Equestrian Lot are shown on the plat of ASPEN EQUESTRIAN ESTATES SUBDIVISION/PUD which plat has been filed for record in the real property records of Garfield Count Colora o, on the ,41't day of 5vne. , 2000, i-e--Rela4Y9ee'k at 6 ii. 7 (the "Plat"). The Common Elements are shown on the P at, although not specifically labeled thereon, as they are all portions of the Development except for the Lots. Except where specifically referred to in this Declaration, as in for example, Sections 3.14 and 3.15 related to sewer service and water service obligations, - 3 - I IIIlIIIIIIl111111111111i111Illi Illilli i1111111l1II1111 564 82 05/BB/20@0 12:31P 81191 P256 M ALSDCAF 9 of 29 R 145.00 D 0.00 GARFIELD COUNTY CO the Equestrian Lot is not subject to the terms of this Declaration and shall not be included within the term "Development." 2.16 Unit(s) shall have the meaning therefor described in the Act and shall also mean a Lot or Lot(s). A$TICLE 3 -- ASPEN EOUESTRIAN ESTATES HOMEOWNERS ASSOCIATION 3.1 Membership and Voting Riahte in the Association. All persons or associations who own or acquire the title in fee to any of the lands in the Development and the Equestrian Lot (other than lands dedicated as public roads, if any), by whatever means acquired, shall automatically become Members of ASPEN EQUESTRIAN ESTATES HOMEOWNERS ASSOCIATION, INC. (hereinafter referred to as "Association"), a Colorado nonprofit corporation, in accordance with the Articles of Incorporation of said Association as recorded or filed in the records of the State of Colorado, and as the same may be duly amended from time to time. 3.1.1 The owner of each Lot and the owner of the Equestrian Lot shall be entitled to one membership in the Association. 3.1.2 Each membership shall be entitled to one vote per Lot and the owner of the Equestrian Lot shall be entitled to one vote. If more than one individual or entity owns a portion of a Lot, a representative of such multiple owners shall be designated and shall vote all the votes allocated to such membership. There shall be no fractional voting permitted. 3.1.3 The members representing a majority of votes in the Association shall constitute a quorum. 3.2 Association Easement. The Association shall have the right of access to each Lot from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of utility extensions, roads and fences, ditches and irrigation systems, and at any time for the making of emergency repairs, and shall have a nonexclusive easement as may be appropriate to perform the duties and functions which it is permitted to perform pursuant to this Declaration. In addition to the foregoing, the Association shall also have the right to establish utility easements from time to time for the benefit of owners of Lots across any of the lands within the Development subject, however, to the prior approval of the location of said easements by the Architectural Control Committee, which approval shall not be unreasonably withheld; further provided, however, that the Architectural Control Committee may impose conditions on the use, installation, revegetation or rehabilitation required to restore any disturbed property to its prior condition after - 4 - 111111111111111111 Illi 11141141111111111j1517111111101 564582 05/06/2000 12.31P B1193 P 16 of 29 R 145.00 D 0.00 GARFIELD COUNTY CO completion of the installation of any such utilities and may further require that all such utilities be installed underground. 3.3 Governing Instruments. The administration of the Association shall be governed by this Declaration and the Articles of Incorporation and Bylaws of the Association. 3.4 )uties and Voting of Board. The Board of Directors of the Association shall have the duties of management, operation, and maintenance of the utilities, roads and fences of the Development, enforcement of the provisions of this Declaration, the Articles and Bylaws of the Association, and the rules and regulations adopted by the Board of Directors thereunder. 3.4.1 If appointed by the Declarant, the officers and members of the Board are required to exercise the care required of fiduciaries of the Unit Owners. 3.4.2 If not appointed by the Declarant, no member of the Board and no officer shall be liable for actions taken or omissions made in the performance of such member's duties except for wanton and willful acts or omissions. 3.4.3 The Board of Directors shall act by majority vote. 3.5 ,Blection of the Board. The Board of Directors shall be composed of not less than three (3) nor more than five (5) persons. Initially, the Declarant shall appoint all Directors. However, not later than sixty (60) days after conveyance of twenty- five percent (25%) of the Units that may be created to Owners other than the Declarant, at least one member and not less than twenty- five percent (25%) of the members of the Board of Directors must be elected by Unit Owners other than the Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units that may be created to Owners other than the Declarant, not less than thirty-three and one-third percent (33 1/3%) of the members of the Board of Directors must be elected by Unit Owners other than the Declarant. Not later than either sixty (60) days after the earlier of the conveyance seventy-five percent (75k) of the Units that may be created to Owners other than the Declarant, two years after the last conveyance of a Unit by the Declarant in the ordinary course of business, or two years after any right to add new Units was last exercised, the Owners of the Unite shall elect the entire Board of Directors, at least a majority of whom must be Unit Owners other than the Declarant or designated representatives of Unit Owners other than the Declarant. 3.6 Removal of ejectors. The members may remove a Director other than a Director appointed by the Declarant, with or without cause, by a two-thirds vote of the members present and - 5 - 1 11111111111 1111111111111111111111111111111111111111111 564582 06/06/2000 12:31P 01191 P258 M ALSOORF 11 of 29 R 145.00 D 0.00 GARFIELD COUNTY CO entitled to vote at a meeting of the members at which a quorum is present. 3.7 Delivery of Association Property. Contemporaneous with the recording of the Plat, the Declarant shall deliver to the association all property of the Owners and of the Association held by or controlled by the Declarant, including without limitation, the following items: fa} The original or a certified copy of the recorded Declaration as amended, the Association's Articles of Incorporation, Bylaws, minute books, other books and records, and any rules and regulations which may have been promulgated; (b) An accounting for Association funds and financial statements, from the date the Association received funds and ending on the date when the Owners other than the Declarant took control of the Association. If the Declarant controls the Association at the time the Plat is recorded, then the foregoing financial information shall be provided to Association within sixty (60) days after the Owners other than the Declarant elect a majority of the members of the Board. The financial statements shall be audited by an independent certified public accountant and shall be accompanied by the accountant's letter, expressing either the opinion that the financial statements present fairly the financial position of the Association in conformity with generally accepted accounting principles or a disclaimer of the accountant's ability to attest to the fairness of the presentation of the financial information in conformity with generally accepted accounting principles and the reasons therefor. The expense of the audit shall not be paid for or charged to the Association; (c) The Association funds or control thereof; (d) All of the Declarants tangible personal property that has been represented by the Declarant to be the property of the Association, and inventories of such property; (e) A copy of any plans and specifications used in the construction of the improvements in the Development which were completed within two years before the Declaration was recorded; (f) All insurance policies then in force, in which the Owners, the Association, or its directors and officers are named as insured persons; (g) Copies of any certificates of occupancy that may have been issued with respect to any improvements comprising the Development; - 6 - 111111111111111111111111111I 111111111111111111111111111 564582 06/06/2000 12:31P 81191 P259 M ALSDORF 12 of 29 R 145.60 D 0.00 GARFIELD COUNTY CO (h) Any other permits issued by governmental bodies applicable to the Development and which are currently in force or which were issued within one year prior to the date on which Owners other than the Declarant took control of the Association; (i) Written warranties of any contractor, subcontractors, suppliers, and manufacturers that are still effective; (j) A roster of Owners and holders of first mortgages or deeds of trust and their addresses and telephone numbers, if known, as shown on the Declarant's records; (k) Employment contracts in which the Association is a contracting party; and (1) Any service contract in which the Association is a contracting party or in which the Association or the Owners have any obligation to pay a fee to the persons performing the services. 3.8 Pudeet. The Association must prepare an annual budget. Within thirty (30) days after adoption of any proposed budget for the Association, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all the members and ehall set a date for a meeting of the members to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting a majority of all members reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the members must be continued until such time as the members ratify a subsequent budget proposed by the Board. 3.9 Assessments. All Owners shall be obligated to pay assessments imposed by the Association to meet the expenses of management, operation, and maintenance of the Development. Assessments shall be made against each Lot in proportion to the number of votes allocated to such Lot. In addition, the Association may apportion the assessments against such Lots based on the benefits or burdens related to a particular Lot or clase of Lots in its reasonable discretion. Assessments may include, without limitation, the costs of additions, maintenance, repair, replacement and operation of utilities, roads and fences, expenses of management, taxes and special assessments unless separately assessed, landscaping, ranching, farming and equestrian facilities and activities, irrigation activities including ditch construction, maintenance and repair either within the Development or along ditches leading to or from the Development, and care of grounds for all lande within the Development, additions, repairs and renovations, trash and garbage collection, wages, snow removal, irrigation and domestic water system and sewer system additions, - 7 - ilt111.111,111,111111)111,1111,1119111E11.11,1,1111,11111 111 II11111111111111 1 P288 h ALSOORF 13 of 29 R 145.00 0 0.00 GARFIELO COUNTY CO repairs and maintenance, legal and accounting fees, management fees, expenses and liabilities incurred by the Association under or by reason of this Declaration, payment of any deficit from a previous assessment, creation of a reasonable contingency, reserve or surplus fund, and other costs and expenses relating to the Development. Assessments shall be a personal obligation of each owner and suit to recover money judgment shall be maintainable without waiving the lien securing the same. 3.10 Assessment Lien. 3.10.1 Assessments chargeable to any Unit shall constitute a lien on such Unit superior to all other liens and encumbrances axcept: (i) liens and encumbrances recorded before the recordation of the Declaration; (ii) a security interest on the Unit which has priority over all other security interests on the Unit and which was recorded before the date on which the assessment sought to be enforced became delinquent; and (iii) liens for real estate taxes and other governmental assessments or charges against the Unit. 3.10.2 An assessment lien under this section 3.10 is superior to a security interest on the Unit which has priority over all other security interests on the Unit and which was recorded before the date on which the assessment sought to be enforced became delinquent to the extent of: (a} any attorney fees and costs being incurred in an action to enforce the lien, plus; (b) an amount equal to the common expense assessments based on a periodic budget adopted by the Association which would have become due, in the absence of any acceleration, during the six months immediately preceding institution of an action to enforce the lien, but in no event shall such priority accorded to the assessment lien exceed one hundred fifty percent of the average monthly assessment during the immediately preceding fiscal year multiplied by six. 3.10.3 This section 3.10 does not affect the priority of mechanics' or materialmen's liens or the priority of liens for other assessments made by the Association. 3.10.4 If any assessment shall remain unpaid 25 days after the due date thereof, the Association may impose a surcharge of 1.75$ of such assessment on the first day of each calendar month thereafter so long as such assessment shall be unpaid, provided, however, that the maximum surcharge in one year shall be no greater than twenty-one percent (21%). - 8 - 1111111 IIIl1 II11l11111111111 II 11111111111 IIIIl11111111 5M502 0e/0b/2eee 12:31P e1191 P2a1 M ALSDORF 14 of 2S R 145.90 D e.00 GARFIELD COUNTY CO 3.10.5 Recording of the Declaration constitutes record notice and perfection of the lien. No further recordation is required. 3.10.6 The Association's lien may be foreclosed in like manner aa a mortgage on real estate. 3.10.7 Upon such foreclosure the Association's claim shall include the amount of unpaid assessments, penalties thereon, the costs and expenses of such proceedings, the costa and expenses of filing the notice of lien, and reasonable attorney's fees, and any deficiency shall be a common expense assessed equally to all Unit Owners. The Association may bid on the Unit at foreclosure sale and hold, lease, mortgage, or convey the same. 3.11 Statement of Assessments and Lia1ility of Purchasers. The Association shall furnish to an Owner or his designee or to a holder of a security interest or its designee upon written requeet, delivered personally or by certified mail, first- claes postage prepaid, return receipt requested, to the Aesociation'e registered agent, a statement setting forth the amount of unpaid assessments currently levied against such owner's lot. The statement shall be furnished within fourteen (14) business days after receipt of the request and is binding on the Association, the Board of Directors, and every Owner. If no statement is furnished to the Owner or holder of a security interest or their designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requeated, to the inquiring party, then the Association shall have no right to assert a priority lien upon the Unit for unpaid assessments which were due as of the date of the request. 3.11.1 The grantee of a Unit shall be jointly and severally liable with the grantor for all unpaid aaseesmenta against the tract accrued prior to the conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. 3.12 Ipcorporation into Future Filings. For purposes of administration, maintenance and the sharing of expenses provided for in Section 3.9 above, the Association may be incorporated into any association created in the future pursuant to the further subdivision of lands now or hereafter owned by Declarant, its successors and assigns adjacent to the Development. Without incorporation, the Association may contract with any other homeowners association which administers adjacent property to mutually undertake functions similar to those undertaken by Association pursuant to this Declaration and the coats incurred pursuant to said contract shall be a common expense of the Association. - 9 - 1E11E1111111 11111111111111 111111101111111 111 1111 564582 08/86/2000 I2:31P 81101 P262 h ALSOORF 15 of 29 R 145.00 0 $.00 GARFIELD COUNTY CO 3.13 Declarant's and Owners Acknow1e.gmept of Future Peve]opWW t Potential. The maximum number of Lots in the Development is 47. Notwithstanding the foregoing, the horse barns located on the Equestrian LoC may be condominiumized into as many units as there are stalls. 3.14 Sewer Service Dssclosure. Sewer Service is provided to the Development and the Equestrian Lot by the Ranch at Roaring Fork Homeowners Association ("Ranch Association") pursuant to a Sewer Service Agreement between Ranch Association and the Declarant recorded in Book 1153, Page 629 of the records of Garfield County, Colorado. The Equestrian Lot is specifically subject to the provisions of this section of these Declarations. The Ranch Association is a private homeowners association entitled to establish rules and regulations for the provision of sewer service and is not subject to rules and regulations affecting public utilities. The Association is required, under the terms of the Sewer Service Agreement, to accept, without vote or any other approval, an aasignment of the Sewer Service Agreement and assumption by the Association of each and all of the Declarant's obligations and rights under the Sewer Service Agreement, except such rights with respect to the Equestrian Lot as may be reserved by Declarant in such assignment. The assessment powers of the Association shall include the right to levy assessments on the Lots and the Equestrian Lot as necessary to meet the Association's obligations under the Sewer Service Agreement. Any such levies on the Equestrian Lot shall be based upon an equitable apportionment of the sewer services used between the Lots and the Equestrian Lot, or such other equitable allocation if the circumstances which required the levy to me made were due in whole or in part to the acts or omissions of the owner of the Equestrian Lot. Such levy and collections of assessments for purposes of satisfying the obligations under the Sewer Service Agreement shall not require any specific member approvals. Individual lots in the Equestrian Lot may be subject to a lien for sewer charges as provided for in Section 12c of the Sewer Service Agreement. 3.15 Water Service to Equestrian Lot. The Association shall provide potable water to the Equestrian Lot as part of and upon the same terms and conditions as it serves the Development with such water service and the water usage of the Equestrian Lot shall be metered. Association shall be obligated to maintain, repair and replace the water system and its related components, easement and apparatus. The Association shall enter into an agreement with the owner of the Equestrian Lot with respect to such services. The assessment powers of the Association shall include the right to levy assessments on the Lots and the Equestrian Lot as necessary to meet the Association's obligations to provide water service to the Development and the Equestrian Lot. Any such levies on the Equestrian Lot shall be based upon an equitable apportionment of the water services used between the Lots and the - 10 - L1111111511E11111i1z!1))191.111112111,1111,311 111III I11I!I III 1111 P263 M ALSDORF 16 of 28 R 146.00 D 0.00 GRRFIELO COUHTT CO Equestrian Lot, or such other equitable allocation if the circumstances which required the levy to me made were due in whole or in part to the acts or omissions of the owner of the Equestrian Lot. In administering the water system and its distribution system, the Association shall ensure that: {a) there shall not be any uncontrolled cross connections to a pipe, fixture, or supply, any of which contain water not meeting the provisions of the drinking water standards. (b) water suppliers to the system shall retain maintenance records of all containment devices. These records shall be available for inspection by the Colorado Department of Public Health (the "Department") personnel. All maintenance records shall be kept for three years. (c) Any water supplier shall notify the Department of any cross connections, as defined by Section 1.2.2 (10) of the Department's drinking water regulations, within 10 calendar days of its discovery. The cross connection shall be corrected within 10 days of being ordered in writing by the Department to correct the problem. Failure to do so may result in an enforcement order. (d) Violations shall be subject to discontinuation of water service. ARTICLE 4 -- ARCHITECTURAL COMMITTED 4.1 Architectural Committge. The Architectural Committee shall mean the Board of Directors of the Association. The Architectural Committee shall have and exercise all of the powers, duties, and responsibilities set out in this instrument, and may, but shall not be required to, establish guidelines and requirements for compliance with its authority, including the establishment of costs and fees reasonably related to the processing and evaluation of requests for Committee action. 4.2 Approval by Architectural Committee. No improvements of any kind, including but not limited to dwelling houses, outbuildings, swimming pools, tennis courts, ponds, driveways and parking areas, fences, walls, garages, antennae, flagpoles, curbs, walks, landscaping, irrigation ditches or structures, shall ever be constructed or altered (including any change in exterior color or materials), on any lands within the Development, nor may any vegetation be altered or destroyed nor any landscaping performed on any Lot or Common Element unless the complete architectural plans for such construction or alteration or landscaping are approved in writing by the Architectural Committee prior to the commencement of 1111111111111111111111111111111111111111111111111111111 564582 06/06/2000 12:31P 81191 P264 M ALSDORF 17 of 29 R 143.00 D 8.00 GARFIELD COUNTY CO such work. No person shall have the right to rely on any verbal approval. In the event the Architectural Committee fails to take any action within 60 days after complete architectural plans for such work have been submitted to it, then all of such submitted architectural plans shall be deemed to be approved. In the event the Architectural Committee shall disapprove any architectural plans, the person or association submitting such architectural plans may appeal the matter to the next annual or special meeting of the Members of the Association, where a vote of at least sixty- seven (67%) of the votes entitled to be cast at said meeting shall be required to change the decision of the Architectural Committee. 4.3 Variances. Where circumstances, such as topography, location of property lines, location of trees and brush, or other matters require, the Architectural Committee may, by a two-thirds vote, allow reasonable variances as to any of the covenants contained in this Declaration, on such terms and conditions as it shall require; provided that no such variance shall be finally allowed until 30 days after the Architectural Committee shall have mailed a notice of such variance to each Member of the Association. In the event any three Members shall notify the Architectural Committee in writing of their objection to such variance within said 30 -day period, the variance shall not be allowed until such time ae it shall have been approved by a vote of at least sixty-seven (67%) the votes entitled to be cast at an annual or special meeting of the Members of the Association. Notwithstanding the foregoing, any variance to a provision of these covenants which would allow development that is not permitted under applicable regulations of Garfield County shall not be deemed finally approved unless the consent of Garfield County to such development is obtained. 4.4 General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping and alterations on the lands within the Development conform and harmonize with the natural surroundings and with the existing structures as to external design, materials, color, siting, height, topography, grade, landscaping and finished ground elevation. 4.5 Preliminary Approvals. Persons or associations who anticipate constructing improvements on lands within the Development, whether they already own lands in the Development or are contemplating the purchase of such lands, may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval, but the Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural plans are submitted and approved or disapproved, - 12 - 111111111111 111111 llll IIIIII III11111111 III 1111111111111 5414582 08/08/2000 12131P 61191 P285 M ALSDORF 18 of 29 R 145.00 D 0.00 GARFIELD COUNTY CO 4.6 Architectural Plans. The Architectural Committee shall disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgment required of it by this Declaration. 4.7 Architectural Committee Not Liable, The Architectural Committee shall not be liable in damages to any person or association submitting any architectural plane for approval, or to any owner or owners of lands within the Development, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to such architectural plans. Any person or association acquiring the title to any property in the Development, or any person or association submitting plans to the Architectural Committee for approval, by so doing does agree and covenant that he or it will not bring any action or suit to recover damages against the Architectural Committee, its members as individuals, or its advisors, employees, or agents. 4.6 written Records. The Architectural Committee shall keep and safeguard for at least five years complete permanent written records of all applications for approval submitted to it (including one set of all architectural plans so submitted) and of all actions of approval or disapproval and all other actions taken by it under the provisions of this instrument. ARTICLE 5 -- GENERAj, RESTRICTIONS ON LOTS 5.1 Zoning Reulations. No lands within the Development or the Equestrian Lot shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the terms of Resolution 98-11 of the Board of County Commissioners of Garfield County, Colorado, recorded in Book 1056 Page 952 of the records of Garfield County, Colorado, ("Resolution 98-11"), any amendments thereto and such other uses that maybe permitted in the zone districts affecting the Development by Garfield County now or in the future zoning regulations of Barfield County, Colorado, validly in force from time to time, except as the same may be allowed under said regulations as a nonconforming structure or use. 5.2 No Mining. Drilling. or Ouarryinq. No mining, quarrying, tunneling, excavating, or drilling for any substance within the earth, including but not limited to, oil, gas, minerals, gravel, sand, rock, geothermal and earth, except for activities conducted under prior mineral reservations, agricultural, utility, water and septic purposes shall ever be permitted within the limits of the Development or the Equestrian Lot. 5.3 No Bi,sinegs Uses. Except for residential uses and uoes accessory thereto, no lands within the Develgp„ment, shall ever be occupied or used for any non-agriculturaTand/or non -equestrian - 13 - 1 111111 11111 111111 1111 11111 1111 1111111 III 111111 111 1111 564582 08/08/2000 12:31P 81101 P285 A ALSOORF 19 eF 29 R 145.00 D 0.00 GARFIELD COUNTY CO commercial or business purpose without the consent of the Architectural Committee, nor for any noxious activity and nothing shall be done or permitted to be done on any of said lands which is a nuisance or might become a nuisance to the owner or owners of any of said lands. No store, office, or other place of non- agricultural commercial or professional business of any kind; nor any hospital, sanatarium, or other place for the care or treatment of the sick or disabled physically or mentally; nor any public theater, bar, restaurant, or other public place of entertainment; nor any church; shall ever be constructed, altered, or permitted to remain within the Development. Nothing herein shall be deemed to prohibit any home occupation provided the same is permitted under Resolution 98-11, any amendments thereto or the Garfield County Land Use Code in effect and as amended from time to time and further provided such use does not constitute a nuisance or violate any other provision of this Declaration. 5.4 Bions, Subject to applicable Garfield County regulations contained in the Garfield County Zoning Resolution and Resolution 98-11, with the exception of one "For Rent" or "For Sale" sign (which shall not be larger than 20 x 28 inches) and except for one entrance gate sign of a style and design approved by the Architectural Committee, no advertising signs, billboards, unsightly objects, or nuisances shall be erected, altered, or permitted to remain on any tract in the Development. The above -referenced "For Rent" or "For Sale" sign shall only be located, if permitted by the Architectural Committee, within the boundaries of a Lot. 5.5 Animals_ and Fencing. Except as approved by the Architectural Committee, which shall have the right to establish rules with respect to the keeping of pets and animals permitted by this Section, or as set forth herein, no animals or poultry shall be kept on Lots in the Development. Notwithstanding the foregoing, however, each Owner ma "1p—rb one (1) domestic doge and/or up to two (2) cats per Lot, provided, however, that each Owners shall use their best efforts to prevent any dog from being a nuisance to any person, horse, or other animal within the Development and oats shall be kept indoors at all times'. Any animal which interferes with wildlife or the equestrian and/or farming operations within the Development or any adjoining lands thereto shall be subject to removal or destruction by the Architectural Committee upon its finding of such interference or failure of the owner to properly control and/or restrain such animal. Horses may be kept in accordance with the rules established, from time to time, by the Architectural Committee, which may designate areas for the pasturing and housing of said horses. Except for fences for horses and privacy fencing around patio's, all other fences within the Development shall be either (i) forty-two (42) inch high, four (4) strand or less barb or smooth wire with a twelve (12) inch kickspace between the top two strands; or (ii) round, board or 14 - 1111111 IIIA 111111111111111111111111111 III 1111111 II 1III 564582 08/08/2008 12:31P 61101 P287 M RLSDORF 20 *1 29 R 145.00 D 0.06 GARFIELD COUNTY CO split rail fencing, forty-eight 148) inches high, three (3) rails or less with at least eighteen (18) inches between two of the rails. The Association may permit different fences than the above described fences, only with the written approval of the Colorado Division of Wildlife. Pets shall not be allowed loose or unsupervised on any part of the Property and dogs shall be kenneled or within a fenced area and shall not be chained or tied outdoors. No pets shall be allowed in the Common Elements except as may be permitted by rules of the Board. No Owner shall allow his or her pet to enter the Common Elements except on a leash. After making a reasonable attempt to notify the Owner, the Association or any Owner may cause any unleashed pet found within the Common Elements to be removed by the Association (or any Owner) to a pound or animal shelter. Owners shall prevent their pets from soiling the Common Elements and shall promptly clean up any such soiling caused by their pets. Owners shall be fully responsible for any damage caused by their pets. When such conditions are created, the Owner may be assessed an amount for each separate incident (ouch amount to be determined by the Board from time to time) for cleanup expenses by the Board and the Board or any Owner may seek enforcement or other relief as permitted by law and by this Declaration. [Upon the written request of any Owner the Board shall conclusively determine, in its sole and absolute discretion, whether, for the purpose of this Section, a particular pet is a generally recognized household pet, or a nuisance. Any decision rendered by the Board shall be enforceable in the same manner as any other restrictions contained in this Declaration. The Board shall have the right to prohibit maintenance of any specific pet which constitutes, in the sole and absolute discretion of the Board, a nuisance. No grading shall take place nor shall any fence be erected on any tract nor shall any change in any irrigation ditch or water structure take place which, in the judgment of the Architectural Committee, interferes with any agricultural activity in effect on the date of recording of this Declaration or thereafter. Wildlife shall be protected within the Development. The Association shall provide informational brochures endorsed by the Colorado Department of Wildlife to each homeowner. As of the date hereof, such a brochure is entitled "Living With Wildlife." In addition, Declarant shall install and the Association shall maintain, two interpretive signs within the Development in aid of the protection of wildlife. The signs shall be prepared in cooperation with the Colorado Division of Wildlife and shall be located (one sign each) at the westerly and easterly edge of the "wetlands Delineation per Environmental & Ecological Resources, LLC dated September 17,1999" and shown on Sheet 2 of 2 of the Final - 15 - Illllll11111111I11MIR llli111II11111II11I1I111111 584082 08/06/2000 12131P 81101 MUM h MADDRF 21 an R 140.00 D 0.00 GARFIELD COUNTY CO Plat. Horse hay, if kept outside of buildings in a free standing stack, it shall be fenced with eight (8) foot high game proof fencing to prevent game damage to the stack and to prevent luring animals across public roads or highways. In the riparian areas of the Development, cottonwoods and dead snags shall be allowed to remain; provided, if trees become a safety hazard they may be trimmed or topped but not fully cut down. A minimum of 2-5 snags per acres should be maintained. No horse grazing shall be permitted within the riparian/wetland area along Blue Creek. Homeowners are made aware that deer and elk may damage their ornamental and plants and the Colorado Division of Wildlife will not be responsible for 'such damage and that deer or elk may die on their property and the homeowner is responsible for the proper disposal of the carcass. The provisions of this Declaration which deal with wildlife restrictions or requirements shall not be amended without the consent of the Board of County Commissioners of Garfield County and the Colorado Division of Wildlife, in addition to any other consents required for amendments to these Declarations. 5.6 Service Yards and Trash. All clothes lines, equipment, campers, boats, trucks, trailers, service yards, woodpiles, or storage piles on any Lot in the Development shall be kept screened by adequate planting or fencing so as to conceal them from the view of neighboring tracts and streets and access roads. All rubbish and trash shall be removed from all Lots, and shall not be allowed to accumulate and shall not be burned thereon except in burners approved by the Architectural Committee as to location, design, materials, and construction, and except at such hours of the day as shall be established by the Architectural Committee. All trash shall be kept in wildlife -proof containers. 5.7 No Discharge of Firearms. The discharge of firearms shall not be permitted on any of the lands in the Development. ARTICLE 6 -- RESTRICTIONS ON LOTS 6.1 Number and Location of Buildings. Except for buildings or structures in place on the date of recording this Declaration, no buildings or structures shall be placed, erected, altered, or permitted to remain on any Lot other than: (a) One detached single-family dwelling house; and (b) One guest or caretaker house (if permitted and approved under local zoning regulations, which as of the date hereof, do not permit caretaker houses or apartments under the current zoning regulations affecting the Property and - 16 - 11111111111111111111111111111111VII III 1111111 11 1111 564582 08/06/2000 12:31P 81141 P219 N RLSDORF 22 of 29 R 146.00 D 0.00 GRRFIELD COUNTY CO said regulations supercede the provisions of this Declaration); unless otherwise approved by local governmental authorities and the Architectural Committee, if a caretaker house, it shall be attached to or within either the principal dwelling house or an approved outbuilding; Ic) One attached or detached garage and one accessory building or structure. (d) With respect to Lot Bl, it shall be allowed to have all uses permitted in the R10-S.F.R zone district as established by Resolution 98-11, or under the Garfield County zoning ordinances in effect on the date hereof or as amended if lees restrictive, shall also be permitted. 6.1.1 Prior to issuance of residential building permits, individual home design and grading shall be reviewed and approved by a certified engineer to insure that such construction and grading does not create any adverse impact on drainage throughout the Development. All construction activity within Lots within the Development shall be limited to the hours between 7:00 a.m. and 7:00 p.m. There shall be no individual sewage disposal systems within the Development. 6,2 pwellina House to be Constructed First. No guest house, caretaker house, garage, or other building shall be constructed on any Lot until after commencement of construction of the dwelling house on the same Lot. All construction and alteration work shall be prosecuted diligently, and each building, structure, or improvement which is commenced on any Lot shall be entirely completed within 18 months after commencement of construction. 6.3 Towers and Antennae. No towera or radio or television antennae or satellite transmission receiving antennae larger than twenty-four inches in diameter shall be erected on any Lot without approval of the Architectural Committee and shall be fully screened from view from adjacent properties. 6.4 Trees and Landscaping. No trees or brush growing on any Lot shall be felled or trimmed nor shall any natural areas be cleared, graded or formal lawn areas constructed, or landscaping performed on any Lot without the prior written permission of the Architectural Committee. Each owner of a Lot shall provide, prior to issuance of a building permit on said lot, financial assurances satisfactory to the Association for the costs of landscaping necessary to comply with the approved landscaping for said lot, - 17 - i 111111111111111111111 IIIIII 11 1111111 111111111111 Ii 1111 564382 06/09/2000 12:31? 81191 ?270 M ALSDORF 23 of 29 R 145.00 D 0.00 GARFIE.D COUNTY CO Landscape irrigation which uses water from the domestic water system is limited to twenty-five hundred (2500) square feet per residential lot in accordance with the limitations of the well permits issued for the Project. Such limitations could be changed by acquiring an additional water court decree and new well permits that allow for additional irrigation, 6.5 Tanks. No tanks of any kind shall be erected, placed, or permitted upon any Lot unless buried or if located above ground the location and screening shall be as determined by the Architectural Committee. 6.6 Used or Temporary Structures. No used or previously erected or temporary house, structure, house trailer, or nonpermanent outbuilding shall ever be placed, erected, or allowed to remain on any Lot, except, to the extent permitted by all applicable County regulations, during construction periods, and no dwelling house shall be occupied in any manner prior to its completion. 6.7 Exterior Lightine. A11 exterior lights and light standards on Lots shall be approved by the Architectural Committee for harmonious development and the prevention of lighting nuisances to other lands in the Development and shall also fully comply with any applicable Garfield County lighting regulations, which as of the date hereof are at section 9:17 of the 1984 Garfield County Subdivision Regulations, and as the same may be amended. All exterior lighting shall be the minimum amount necessary and will be directed towards the interior of the Development, and down lighting shall be required. Notwithstanding the foregoing, provisions may be made to allow for safety lighting which is directed other than at the ground or which goes beyond the property boundaries. 6.8 ciff-Street Parking. No dwelling house shall be constructed on any Lot unless there is concurrently constructed on the same tract adequate off-street parking areas for at least six automobiles. 6.9 Dust Control. Each owner shall be responsible for ongoing dust control during construction on any Lot. All driveways and parking areas shall be paved. The Association shall take reasonable steps to insure minimal dust pollution results from roads within the Development which are not paved, and such roads may, in the discretion of the Association, be treated as necessary with magnesium chloride or other dust suppressants. The Association shall have the right to control duet on any Lot during its construction and assess the costs thereof against the respective owner if such owner fails to fulfill his responsibility for his individual dust control. - 18 - 111111111111111111 IIII IIIiII 1111 11111111111111111 11 II11 504502 06/06/2000 12:31P 81101 P271 M ALSDORF 24 of 29 R 145.00 D 0.00 GARFIELD COUNTT CO 6.10 Weed Control. The Association shall implement and follow a program of noxious weed control which shall address, the control and elimination of Canadian Thistle and other undesirable weeds. The Association shall have the right to enter upon any Lot and conduct a weed control program within the area of such Lot. The Association shall closely monitor subsurface water conditions to detect the presence of chemicals used in combating noxious weeds through monitoring wells. The use of such chemicals shall be administered in a manner which does not pollute ground water resources and no herbicides ahall be used within one -hundred (100) feet of a wellhead. If groundwater pollution from the weed control program ie detected, the Association shall re -assess and modify the weed control program to prevent further pollution. The Association shall consult with the Mount Sopris Soil Conservation District, or any euccessor thereof, with respect to said program. 6.11 ?toad Damage. Each owner of a Lot is responsible for any damage caused to the roadways within the Development during the construction of improvements upon such ownerre property by any vehicle or equipment belonging either to said owner or to any person or entity using the roads within the Development while engaged in any activity benefitting said owner. Metal treads or other "lugged" tread or tired vehicles are not permitted to drive across the roads within the Development, however, such equipment may access lands within the Development on a trailer or flatbed vehicle as may be appropriate provided any damage resulting therefrom is repaired and paid for as provided herein above. Each owner shall also be responsible for any damage caused by utility cuts in roads, washouts and run off damage caused by failure to install culverts properly and in a timely manner as may be neceseary in connection with the construction of improvements upon or any other uses made by such owner to his Lot. The Board shall have the right to establish, implement and enforce an impact fee system to allocate costs for road damage and general wear and tear on the roads within the Development upon terms and conditions which said Board deems best in the interests of the members of the Association. Such impact fee system may include charges based upon "per vehicle" "per load" "per ton", or "per trip" calculations. Said system may also deny access to the Development to any vehicle for which said impact fee has not been paid. The Board may also implement and enforce weight limits on the roads within the Development. ARTICLE 7 -- RESERVED DEVELOPMENT AND SPECIAL DECLARANT RIGHTS 7.1 Addition of Unspecified Real Estate. Subject to those restrictions set forth in Section 222 of the Act, Declarant reserves the right for itself and any Successor Declarant at any time and from time to time to subject unspecified real property to the provisions of this Declaration. - 19 - 11111111111111E1011111111111M11111111111HIF 564582 06/06/2000 12:31P B1191 P272 R ILSDORF 25 of 29 A 145,00 b 9,00 GARFIELD COUNTY CO 7.2l•r.w. •f Declarant reserves the right for, itself and any Successor, Declarant at any time and from time to time to withdraw from the provisions of this Declaration individual Lots and/or Common Elements, provided, however, that none of the real estate may be withdrawn after a Lot has been conveyed by Declarant to a purchaser; provided, however, the consent of Garfield County shall be obtained as a condition to the exercise of such withdrawal right. 7.3 Other Reserved Rights, Declarant reserves the right for itself and any Successor Declarant at any time and from time to time to: (a) complete any improvements indicated on the Plat for a period of one (1) year from the recording of this Declaration with the Clerk and Recorder, or such longer time as may be permitted by the Board of County Commissioners of Garfield County, Colorado, (b) maintain and relocate sales offices within one or more Lots and management offices, signs advertising the Development and models, of any size, within one or more Lots and within the Common Elements so long as Declarant or Successor Declarant continues to be an Owner of a Lot or, if earlier, ten (10) yeare from the recording of this Declaration with the Clerk and Recorder, (c) to subject the Project to a master association for a period of five (5) years from the recording of this Declaration with the Clerk and Recorder, (d) to merge or consolidate the Development with a common interest community of the same form of ownership for a period of five (5) years from the recording of this Declaration with the Clerk and Recorder, (e) to appoint or remove any officer of the Association or any Board member during the period of Declarant control. 7.4 Change ig Allocated Interests. In the event Declarant or Successor Declarant exercises the right to add additional units or withdraw Late as set forth above, the Allocated Interests of the resulting Lots after such expansion or withdrawal shall be adjusted prorate based upon the number of residential lots in the Development remaining after the expansion or withdrawal. 7.5 Termination of Rights. The rights reserved to the Declarant for itself, its successors and assigns in this Article shall expire, unless sooner terminated as required by the Act, at the latest time provided in Section 7.3 of this Declaration unless such rights are (i) extended as allowed by law or (ii) reinstated or extended by the Association, subject to whatever terms, conditions and limitations the Board may impose on the subsequent exercise of the rights by Declarant. ARTICLE B -- EASEMENTS.AND LANDS RESERVED 8.1 Utility and Irrigation_Easements Reserved. Declarant hereby reserves to itself, its successors and assigns, perpetual easements ten feet in width: 1) on each aide of the boundary line - 20 - 115112110051/103111)11,1,11111!191111121.1r11195110111 26 of 22 R 146.00 D 0.00 GRRFIELD COUNTY CO along the entire perimeter of each Lot and the Common Elements and within all other easements described on the Plat, for the purpose of constructing, maintaining, operating, replacing, enlarging, and repairing electric, telephone, water, irrigation, sewer, gas, and similar lines, pipes, wires, conduits, ditches, fences and within the Common Elements, trails for non -motorized recreational uses and equestrian riding trails. The precise location of said easements shall be identified in a recorded document after the establishment of any such facilities or trails. 8.2 Irrigation Easements Reservation. Declarant hereby reserves to itself, its successors and assigns, perpetual easements across all of the lands in the Common Elements along the line of all domestic water lines and irrigation ditches and laterals presently in existence or hereafter established for the purpose of constructing, maintaining, relocating, replacing and operating water supply systems or irrigation ditches and laterals and if the Architectural Committee so determines, to construct, maintain and operate other irrigation systems including without limitation, sprinklered irrigation systems, all for the proper irrigation of all meadow lands or hay or equestrian fields in and adjoining the Development or located on any tracts therein. Association shall have the obligation to irrigate all meadow lands at all reasonable times, to build and maintain fences and ditches so as to preserve and maintain their natural beauty. In the event Association does not so irrigate and maintain the Common Elements, Declarant shall have the right to do so and shall be reimbursed the cost thereof by the Association. In this regard, Declarant reserves to itself, its successors and assigns the right to irrigate all meadow lands within the Common Elements at all reasonable times, to build and maintain fences and ditches and relocate the same from time to time and to go on the Common Elements for the purpose of carrying on such activities and irrigating such meadow lands or hay fields so as to preserve and maintain their natural beauty and to preserve the water rights associated therewith. 8.3 Easements for Road@. In addition to the easements and reservations set forth on the Plat, Declarant hereby reserves to itself, its successors and assigns perpetual easements across all roads within the Development giving access to the Lots and the Common Elements as shown on the Plat or as may hereafter be established, together with the right of the Declarant to permit the use of said easements by the owner of the Equestrian Lot for purposes of access, ingress, egress and the placement of utilities. ARTICLE 9 -- ENFORCEMENT 9.1 ,gnforce;pent Action The Architectural Committee shall have the right to prosecute any action to enforce the provisions of all of this Declaration by injunctive relief, on behalf of itself and all or part of the Owners. In addition, each Owner and the - 21 - 1111111 II111111I11 I111111111111111111111111111111111111 664382 88/06/2000 12:31P 6]19] P274 M A..SDORF 27 of 29 R 145.00 D 0.00 GARFIELD cowry co owner of the Equestrian Lot and/or the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of any provisions of this Declaration. 9.2 Limitations fll) Actions. In the event any construction ar alteration or landscaping work is commenced upon any of the lands in the Development in violation of any provision of this Declaration and no action is commenced within 180 days thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. Said 160 -day limitation shall not apply to injunctive or equitable relief against other violations of this Declaration. No bond shall be required to be posted by any party seeking to enforce the provisions of this Declaration against the owner of a Lot and all of said owners of Lots hereby waive the requirement of posting a bond in such action. 88T I CLE 10 -- INSURANCZ 10.1 Insurance. The Association shall purchase property insurance policies covering the Development, its Common Elements, utility systeme, roads, easements, equipment, and other property that the Association, in its discretion, deems advisable. In addition, the Association may purchase commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, management or other activities related to the land shown on the Plat. The Association may purchase any other insurance policies it deems advisable. 10.2 Fidelity Insurance. If any Owner or employee of an Association controls or disburses funds of the Association, the Association must obtain and maintain, to the extent reasonably available, fidelity insurance. Coverage shall not be less in aggregate than two months' current assessments plus reserves, as calculated from the current budget of the Association. 10.3 Any person employed as an independent contractor by the Association for the purposes of managing the Development must obtain and maintain fidelity insurance in an amount not leas than the amount specified in Section 10.2, unless the Association names such person as an insured employee in a contract of fidelity insurance, pursuant to Section 10.2. 10.4 The Association may carry fidelity insurance in amounts greater than required in Section 10.2 and may require any independent contractor employed for the purposes of managing the Project to carry more fidelity insurance coverage than required in Section 10.2. - 22 - 111110111111111111111111111111111111111111111111111111 SB4582 06/08/2800 12:31P B31o1 P27S 11 ALSDORF 28 or 29 R 145.00 D 0.00 GARFIELD COUNTY CO 10.5 Insurance Premiums ere Commpn Ex -pulses. Premiums for insurance that the Association acquires and other expenses connected with acquiring such insurance are common expenses. ARTICLE 11 -- GENERAL PROVISIONS 11.1 Covenants to _Run. All of the covenants contained in this Declaration shall be a burden on the title to all of the lands in the Development and the Equestrian Lot but only where specific burdens or obligations are imposed upon the Equestrian Lot as stated herein in Sections 3.14 and 3.15, and the benefits thereof shall inure to the owners of all of the lands in the Development, and the owner(e) of the Equestrian Lot. 11.2 Termination and Amendment of Declaration. The covenants contained in this Declaration shall terminate unless extended by Amendment, on or before November 1, 2055, or at the time of final and intentional corporate dissolution of the Association, whichever date shall first occur. This Declaration and/or the Plat may be amended by the owners of seventy percent (70%) of the votes in the Association in addition to any consent to amendments required pursuant to Section 5.5 of these Declarations. No amendment to these Declarations which affects the Equestrian Lot shall be effective unless approved in writing by the owner of the Equestrian Lot. A properly certified copy of any resolution of amendment shall be placed of record in Garfield County, Colorado, not more than six months after the date of said amendment. If the Declaration is so amended, then it shall continue in effect, as amended, for so long thereafter as may be stated in said amendment. Owners of Lots within the Development hereby expressly waive any rights to enforce the provisions of the Development Plan pursuant to 5 24-67-106, C.R.s., except that all such modifications shall otherwise be subject to the procedures rewired by the Garfield County zoning or subdivision regulations, as appropriate to the modification. 11.3 Severability. Should any part or parts of the Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decisions shall not affect the validity of the remaining covenants. 11.4 Repeal of the Act. In the event that the Act is repealed, the provisions of the Act immediately before its repeal shall control this declaration. However, to the extent that the Bylaws of the Association differ from the Act as repealed, the provisions of the Bylaws shall control. 11.5 Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. - 23 - 1111111 I II11 II1N11111111111111111111I11111111111111111 6W 682 86/04/2008 12:31P 51191 PZT8 M RLSDDRF 29 of 29 R 143.80 D B.00 GARFIELD COUNTY CO 1111111111111111121111111 �111111111I11111111111111I1111! 591874 11!13/2081 03.33P 81302 P793 M ALSDORF of 3 R 15.00 0 0.00 GARFIELD COUNTY CO FIRST AMENDMENT TO PROTECTIVE COVENANTS FOR ASPEN EQUESTRIAN ESTATES SUBDIVISION WHEREAS, ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability company as the Declarant, previously subjected certain real property known as ASPEN EQUESTRIAN ESTATES SUBDIVISION/PUD ("Subdivision") located in Garfield County, Colorado, to all of the covenants, restrictions, and limitations contained in the DECLARATION OF PROTECTIVE COVENANTS FOR ASPEN EQUESTRIAN ESTATES SUBDIVISION (the "Protective Covenants") for the Property, filed for record in the real property records of Garfield County, Colorado at Reception No. 564582, Book 1191 at Page 248; and WHEREAS, a WATER SUPPLY AND CONNECTION AGREEMENT ("Water Agreement"), dated September 5, 2001 and recorded at Reception No. 591636, Book 1301, Page 751, was entered into between BLUE CREEK LAND HOLDINGS, LLC, a Colorado limited liability company ("Blue Creek"), Declarant, and ASPEN EQUESTRIAN ESTATES HOMEOWNERS ASSOCIATION ("AEE Association") ; WHEREAS, a Sewer Connection Agreement("Sewer Agreement") dated September 5, 2001 and recorded at Reception No. 591637, Book 130!, Page 774, was entered into between Blue Creek, Declarant, and AEE Association ; and WHEREAS, the terms of the Water Agreement and the Sewer Agreement require certain amendments to be made to the Protective Covenants to carry out their purposes; and WHEREAS, ASPEN EQUESTRIAN ESTATES, LLC is the owner of the Equestrian Lot (as defined in the Protective Covenants) and the owner of thirty-five (35) Lots and as such, is the owner of 74.4_4 of the votes in the AEE Association; and WHEREAS, the following limited liability companies, own the Lots indicated and represent 21.2 % of the Lots, to wit: Lot C-1 AEQ, LLC (owner of Lot C-1); Lot C-5 AEQ, LLC (owner of Lot C-5); Lot C-6 AEQ, LLC (owner of Lot C-6); Lot C-7 AEQ, LLC (owner of Lot C-7); Lot C-9 AEQ, LLC (owner of Lot C-9); Lot C-8 AEQ, LLC (owner of Lot C-8); Lot C-11 AEQ LLC (owner of Lot C-11); LLC Lot C-12 AEQ, LLC (owner of Lot C -I2); Lot C-15 AEQ, LLC (owner of Lot C-15); Lot C-16 AEQ, LLC (owner of Lot C-16); and WHEREAS, pursuant to Article XI, paragraph 11.2, of the Protective Covenants, seventy (70%) percent of the votes in the AEE Association may amend or modify the Protective Covenants without the requirement of the consent thereto by any other owners) of lands burdened by the Protective Covenants; and WHEREAS, the undersigned owners constituting 95.6 % of the votes in the AEE Association desire to amend the Protective Covenants; NOW, THEREFORE, the Protective Covenants are hereby amended as follows: 1111111111111111111111111111111111111111111111111111111 391e74 11/13/2001 03i33P 81302 P794 M ALSDORF 2 of 3 R 15,00 D 0.00 GARFIELD COUNTY CO 1. Water and Sewer Servjce - Mager Association. A new section numbered 3.16 is hereby added to the Protective Covenants as follows: The Aspen Equestrian Estates Homeowners Association and certain other parties have entered into a Water Supply and Connection Agreement ("Water Agreement"), dated September 5, 2001 and recorded at Reception No. 591636, Book 1301, Page 751 and a Sewer Connection Agreement ("Sewer Agreement") dated September 5, 2001 and recorded at Reception No. 591637, Book 1301, Page 774. The terms of the Water Agreement and the Sewer Agreement are incorporated herein by this reference. The Water Agreement and the Sewer Agreement require the creation ofa Master Association to be known as the AEEBLUE Water & Sewer Association ("Master Association"). The Master Association will be a non-profit corporation with the authority and responsibility to operate, maintain, repair and replace the water facilities which serve the Subdivision and the sewer collection and transfer lines which collect and transmit effluent to the sewer treatment plant located at the Ranch at Roaring Fork. The Water Agreement and the Sewer Agreement also require that the Master Association be empowered to assess each owner ofa Lot, including the Equestrian Lot, for an equal share of the costs incurred by the Master Association in carrying out its duties. The owners of Lots, including the Equestrian Lot, hereby subject themselves and their Lot(s) in the Subdivision to the assessment powers of the Master Association, including the right to place and foreclose a lien on the Lot ofa delinquent Lot owner and such assessments may be enforced in the same manner as the assessments levied by the Aspen Equestrian Estates Homeowners Association, Inc., which shall, upon request of the Master Association, foreclose such lien and collect such delinquent payments, together with interest thereon at the rate of eighteen percent (18 % per annum) and collect costs and attorney fees. The Aspen Equestrian Estates Homeowners Association, inc is hereby empowered and directed to enforce the rules and regulations of the Master Association as they apply to the Lots and to collect the assessments levied by the Master Association against the Lots and to remit to the Master Association all of such assessments. The Aspen Equestrian Estates Homeowners Association, Inc. and each owner of a Lot, including the Equestrian Lot, shall fully comply with the terms of the Water Agreement, the Sewer Agreement and the rules and regulations of the Master Association and the Board of Directors of Aspen Equestrian Estates Homeowners Association, Inc. is hereby authorized to perform any acts necessary to fulfill the terms of the Water Agreement and the Sewer Agreement. -2- 1111111 IIIA 111111111111111111111111111III11111 Illi 1111 691874 11/13/2001 03i33P B1302 P7ti6 11 AL$DORF 3 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO Signature page to First Amendment to Protective Covenants. IN WITNESS WHEREOF, the undersigned as 95.6_% owners of the votes in the AEE Association have executed this instrument as of the :r�T"-day of ' Ori, 2001. Aspen Equestrian Estates, LLC, a Colorado Limited Liability Company, Lot C-1 AEQ, LLC, a Colorado Limited Liability Company, Lot C-5 AEQ, LLC, a Colorado Limited Liability Company, Lot C-6 AEQ, LLC, a Colorado Limited Liability Company, Lot C-7 AEQ, LLC, a Colorado Limited Liability Company, Lot C-9 AEQ, LLC, a Colorado Limited Liability Company, Lot C-8 AEQ, LLC, a Colorado Limited Liability Company, Lot C-11 AEQ LLC, a Colorado Limited Liability Company, Lot C-12 AEQ, LLC, a Colorado Limited Liability Company, Lot C-15 AEQ, LLC, a Colorado Limited Liability Company and Lot C -I6 AEQ, LLC, a Colorado Limited Liability Company. . afN. Weinberg, Manager STATE OF COLORADO ) ) ss. COUNTY OF g7rj j(i ) The foregoing instrument was acknowledged before me this hCday ofr 1z r- , 2001 by Jay N. Weinberg, acting in his capacity as a manager of Aspen Equestrian Estates, LLC, a Colorado limited liability company, Lot C-1 AEQ, LLC, a Colorado Limited Liability Company, Lot C-5 AEQ, LLC, a Colorado Limited Liability Company, Lot C-6 AEQ, LLC, a Colorado Limited Liability Company, Lot C-7 AEQ, LLC, a Colorado Limited Liability Company, Lot C-9 AEQ, LLC, a Colorado Limited Liability Company, Lot C-8 AEQ, LLC, a Colorado Limited Liability Company, Lot C-11 AEQ LLC, a Colorado Limited Liability Company, Lot C-12 AEQ, LLC, a Colorado Limited Liability Compan • Lot C-15 AEQ, LLC, a Colorado Limited Liability Company and Lot C-16 AEQ, LLC, a ,ed Liability Company. y,5 • T A 4 -. WITNESS; y}tandatyLeal.1 w OF Co0e' My commis Notary Public -3-