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HomeMy WebLinkAbout1.12 Draft CovenantsPNit-) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE RANCH AT COULTER CREEK P.U.D. THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ' CH AT COULTER CREEK P.U.D. (the "Declaration") dated as of the day of , 2016, shall be effective upon recordation and is made by SLC -Laurence, LLC, a Delaware limit . liability company authorized to transact business in the State of Colorado the "Declarant"). G more (the ' "Lot Offic Co Final licen part "P and and r be d of se and Co Co resp Co withi limi the is or entit be r for e Hom with Secr ARTICLE I PURPOSE OF COVENANTS This Declaration shall govern and be applicable to that certain real property situated in ld County, Colorado (the "County"), known as The Ranch at Coulter Creek P.U.D. and articularly described on Exhibit A, attached hereto and incorporated herein by reference Common Interest Community") consisting of a maximum of twenty-six (26) lots (the 1), as defined and described in the final plat for the Common Interest Community (the Plat") recorded in Book , Page as Reception No. 653768 in the of the Clerk and Recorder of Garfield County, Colorado. The Common Interest unity shall not include any portion of the County Road 115 right-of-way depicted on the Plat. The Common Interest Community is subject to all conditions, easements, liens, es, reservations, restrictions and other items of record which encumber the title to all or any f the Common Interest Community as of the date this Declaration is recorded (the itted Exceptions'. The Permitted Exceptions are enumerated on Exhibit B attached hereto corporated herein by this reference. It is the intention of Declarant, expressed by its execution cordation of this Declaration, that the lands situated within the Common Interest Community veloped and maintained as a highly desirable scenic residential area with a strong sense urity, neighborhood and community. It is -the purpose of this Declaration to create rules decision making process to strengthen the community within the Common Interest unity, to preserve the present natural beauty, character and views of the Common Interest unity to the greatest extent possible, and to protect the Lots as much as possible with t to uses, structures, landscaping and general development within the Common Interest unity. This Declaration shall be a burden upon and run with all of the lands situated the Common Interest Community. ARTICLE II OWNERS; HOMEOWNERS ASSOCIATION 1. Membership. All natural persons, entities and other persons (including, without tion, Declarant), who shall own and/or acquire all or part of the fee simple title to any of ts, by whatever means, shall be referred to herein as "Owners." Each person or entity who hall be the Owner of a Lot, or if more than one (1) person or entity, all natural persons, s and other persons, collectively, who are or shall be the Owners of a particular Lot, shall erred to herein as a "Member." Each Member automatically shall be considered to have, ch Lot(s) such Member owns, one (1) membership interest in the Ranch at Coulter Creek owners Association, a Colorado non-profit corporation (the "Association"), in accordance e Articles of Incorporation of the Association, which have been filed with the Colorado tary of State, as the same hereafter may be amended from time to time (collectively, the Declaration of ovenants, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page "Attic s"'). Each Owner and Member shall be entitled to the privileges and obligations enum ted in this Declaration, the Articles and the Bylaws of the Association, as the same now exist o as they hereafter may be amended from time to time (collectively, the "Bylaws'). 2. Purpose. The Association shall be authorized and empowered to take each and every step s ecessary and/or advisable to implement and enforce this Declaration. The Association also •►11 11 have the right and responsibility to operate, maintain, regulate, preserve, repair, replace, keep and otherwise protect and promote the interests of the Owners and the Association with resp t to all common property rights and interests of the Owners and the Association wi thi n the a ommon Interest Community (the 'Common Areas"). By way of example, the Association shall 11, aintain, repair, regulate and keep all roads and easements within the Common Interest Co • 1, unity in good, safe and usable condition to the extent that such may be reasonably nece sary, feasible and/or advisable, and the Association may own, operate, maintain, repair and repla e the potable water system serving the Common Interest Community. The Association may enter into agreements with third parties for the maintenance, regulation, preservation, repair, repla ment and/or upkeep of any of the Common Areas. All costs and expenses incurred by the : sociation in connection with any of the foregoing shall be borne by the Members and shall be as essed to the Owners, as more fully provided in this Declaration. 3. Notice. Any notice permitted or required to be given under this Declaration should be • writing and may be given either personally or by mail, email, telephone or facsi mile. If sere by mail, each notice shall be sent postage pre -paid addressed to any Member at the addr= ss given by such Member to the Association for the purpose of service of such notice, or to the • t of such Member if no address has been given to the Association and shall be deemed give • , if not actually received earlier, at 5:00 pm on the second business day after it is deposited in a gular depository of the United States Postal Service. Such address may be changed from time o time by notice in writing to the Association. or ac dwe porc thous for pro parti such 3. gree wi buil fiat shall buil ARTICLE III USE RESTRICTIONS 1. Permitted Uses. Only one (1) single-family dwelling, together with structures appurtenant ory thereto, shall be constructed on any Lot. The minimum size of any single-family g shall be two thousand (2,000) square feet of floor area, exclusive of basements, open s, decks, carports and garages. The maximum size of any single-family dwelling shall be eight d (8,000) square feet of floor area, exclusive of garages, storage and utility areas, except is 1 and 2, which shall be limited to twelve thousand (12,000) square feet of floor area. 2. Duplexes/Multi-Family Structures. Duplexes and multi -family structures shall be ited in the Common Interest Community. An accessory building constructed on a ular Lot, whether or notattadied to a single family dwelling, shall not cause the structures on of to be considered a duplex or multi -family structure Outbuildings. Accessory buildings, including without limitation, ouses, tool sheds, work areas, detached garages and similar structures, shall be permitted the Common Interest Community; provided, however, that no individual accessory ng shall exceed one thousand two hundred (1,200) square feet of floor area; and, , provided, however, that the total square footage of accessory buildings on any single Lot of exceed one thousand eight hundred (1,800) square feet of floor area. No such accessory g shall exceed eighteen (18) feet in height at the ridgeline. No more than 3 Declaration of C• enonts, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page accessory buildings are permitted. No accessory building shall contain kitchens or o the r living facilities or be used as a dwelling unit; provided, however, that accessory buildings may contain bathrooms . ARTICLE IV ARCHITECTURAL COMMITTEE Architectural Committee. An architectural committee (the 'Architectural Com ittee') shall be formed from among the Members in accordance with the remaining provisions of paragraph. The Architectural Committee shall be comprised of three (3) natural persons. Prior to Declarant's sale of three (3) Lots, Declarant from time to time may appoint and remove the - II of the Architectural Committee in Declarant's sole discretion, and the Board of Direc ors of the Association (the "Board of Directors") shall have no authority to remove any such mem er so appointed. Upon the sale of the third (3rd) Lot, any new members of the Architectural Com ittee shall be appointed by the Board of Directors of the Association. The persons serving on the chitectural Committee shall serve at the pleasure of the Board of Directors, who may remove any I ember of the Architectural Committee, other than a member thereof appointed by Declarant, and a 'point anew member thereto at any time, so long as, at all times, there shall be three (3) natural perso s serving on the Architectural Committee. The members of the Architectural Committee also may, • ut do not have to, be members of the Board of Directors. Members of the Architectural Co i ittee shall have and exercise all of the applicable powers, duties and responsib i 1 ities described in thi ' Declaration. All meetings of the Architectural Committee shall be held at the principal office of the Association or at such other place(s), within or without the State of Colorado (the 'State', as fro time to time may be determined by the members of the Architectural Committee. The Archi ectural Committee shall not be obligated to hold regular meetings, but rather, shall meet as neces ary to conduct the business of the Architectural Committee. All members of the Architectural Com ittee shall be provided at least ten (10) days advance written notice of all Architectural Com ittee meetings, which notice shall include tile place, date and time thereof. The Architectural Co s ttee will publish architectural guidelines which will provide the procedures and policies for cons . ction at the Ranch at Coulter Creek. but n drive and rema lands defin first such do by but struc of su Reveg cuts sh certifi excav excav 2. Approval by Architectural Committee. No improvements of any kind, including, t limited to, dwelling units, greenhouses, garages, tool sheds, work areas, fences, walls, ays, towers, antennae, satellite dishes, kennels, exterior lighting, corrals, flagpoles, curbs alks (collectively, 'Improvements') shall be constructed, erected, altered or permitted to within the Common Interest Community, and no excavating, tree cutting and clearing or ping shall he done within the Common Interest Community, unless the Plans (as hereinafter ) for such construction, erection, alteration, excavation, cutting and clearing and/or landscaping all have been approved by the Architectural Committee prior to the commencement of any rk, except as Declarant may be specifically permitted to do by this Declaration or required to any subdivision improvement agreement, between Declarant and the County. In particular, thout limiting the generality and scope of the foregoing, no roof may be placed 011 any e within the Common Interest Community, unless the finished exterior material and color roof first shall have been specifically approved by the Architectural Committee. tation of all in fills and cuts will be required. Plans addressing the revegetation of in fills and provide for adequate weed control, the use of native grasses, shrubs or trees, and the use of weed -free seed. Such Plans shall be submitted to the Architectural Committee prior to any on, and the Architectural Committee's approval of such Plans shall be required before such on shall commence. Declaration of Cow : ants, Conditions and Restrictions forThe Ranch at Coulter Creek P.U.D. Revised Page exca Co devel Co an in profe consi appro exteri shall dated at any info by Co spec]. Archi Archi The requir of disap perso mee votin disap the a buildi Seth Envel be co Garfi provi Co way plans any s Co be de No Improvement shall be constructed, erected, altered or permitted to remain, and no ting, tree cutting and clearing or landscaping shall be done, within the Common Interest unity, unless and until at least three (3) complete sets of the architectural and site pment plans and specifications for such work shall have been submitted to the Architectural ttee, along with a grading and drainage plan, a soils and foundation report and a design for 'vidual sewage disposal system (an 'ISDS') for such work, all prepared and certified by a sional engineer licensed in the State, and a fire management plan for such work that shall be tent with the provisions hereof and Plat Note No. 10 of the Final Plat and shall have been ed by the Carbondale and Rural Fire protection District, and a complete list of all finished r materials and colors, ifany, to be used in connection with such work (all of the foregoing e referred to herein, collectively, as the 'Plans'. All copies of the Plans shall be signed and or identification by the relevant Owner or such Owner's architect The Architectural Committee time shall have the right to request any and all additional plans, specifications, reports and other tion that it shall deem necessary and/or advisable to evaluate the development contemplated Plans presented to the Architectural Committee for consideration. The Architectural ttee also may adopt rules and regulations identifying certain additional reports, plans, cations and/or other information that shall become required to be reviewed by the ctural Committee and, therefore, included as part of the Plans for all purposes hereunder. The ectural Committee shall not unreasonably withhold, condition or delay its approval of any Plans. ajority vote of the full membership of the Architectural Committee then in office shall be d for the approval of any Plans, pursuant to this paragraph; provided, however, that the vote (2) members of the Architectural Committee to disapprove any Plans shall constitute oval of such Plans. In the event the Architectural Committee chall disapprove any Plans, the or entity submitting such Plans may appeal such disapproval at the next annual or special g of the Members of the Association. where a vote of seventy-five percent (75%) of the Member's chall be required to reverse a previous decision of the Architectural Committee to ove such Plans. 3. Improvements — Site Location. All Improvements shall be constructed within proved building envelopes depicted on the Final Plat (the 'Building Envelopes'). The g envelopes for Lots 11, 12, 13, 14, 15 and 16 have been located along the View Shed k Line, as delineated on the Final Plat, so that a 25 foot high building located within each pe should not be seen from Cattle Creek Road. No Improvements, other than fences or walks, shall tructed on slopes of forty percent (40%) or greater. 4 Building Permit. An Owner may apply for a building permit from the ld County Building and Planning Department (the 'Building Department") at any time; ed, however, that the plans for a proposed development within the Common Interest unity that shall be approved by the Building Department shall not differ in any substantial om the Plans approved by the Architectural Committee for such development. If the for such development that shall be approved by the Building Department shall differ in bstantial way from the Plans for such development approved by the Architectural ittee, then all approvalsof the Architectural Committee with respect to such Plans shall med to have been automatically revoked. 5. Variances. Unless specifically prohibited by a provision of this Declaration, chitectural Committee, by an affirmative vote of a majority of the full membership e Architectural Committee then in office, may allow reasonable variances to any of the nants and restrictions governing architectural control contained in this Declaration and/or licies or rules promulgated by the Architectural Committee, upon such terms and Declaration of Cov. nants, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page co ditions as the Architectural Committee shall require. However, no variance shall be ed that shall contravene any provision of this Declaration that shall have been required b an approval obtained by Declarant from the County for the Common Interest Community or that would violate any provision of the Garfield County Land Use and Building Codes, Z. ' g Ordinances or other Garfield County regulations (the "Garfield County Regulations'. N variance shall be granted, unless written notice of a request for such variance shall have b provided to all Owners at least ten (10) days prior to the Architectural Committee he ' . g with respect to said request for such variance, which notice shall be deemed effective w - n placed in the United States mail, first-class postage prepaid, certified with return receipt re • uested, and addressed to the last known address for each Ownerthat shall have been provided to Ii e Association. G att an (to Co de Lo eral Requirements. The Architectural Committee shall exercise its judgment to mpt to ensure that all improvements, construction, alterations, excavating, tree -cutting clearing and landscaping within the Common Interest Community shall harmonize the greatest extent possible) with the natural surroundings within the Common Interest unity and with other Improvements within the Common Interest Community as to gn. Materials, color, siting, height, grade, finished ground elevation of neighboring s and other design features Materials and Landscaping. The Architectural Committee shall strongly recommend the use of exterior and roof materials that shall b e non - reflective, with earth tone finishes that shall blend in with the surrounding area. Roof materials that minimize reflectivity shall be recommended. If metal roofs are proposed, options for treating the material to minimize reflectivity shall be required. Existing vegetation shall be preserved to the maximum extent possible in accordance with Paragraph 8 of Article V of this Declaration . The Architectural Review Committee shall review all landscape plans. Landscape Plans shall address grading, drainage, plantings and irrigation. The planting of new vegetation to reduce the visual impact of structures on the surrounding area and from other building sites within the Common Interest Community is recommended. 'Xeriscape" landscaping, which emphasizes the use of indigenous foliage is also recommended. The Architectural Committee shall place special emphasis on the review of landscape plans and exterior finishes for Lots 1, 2, 4, 13, 14, 17, 21 and 22 to ensure that the visual impact of the proposed improvements thereon shall be minimized as viewed from County Road 121. b. Site Location. Subject to the provisions of Paragraph 3 of this Article IV, the Architectural Committee shall exercise its judgment to attempt to preserve the natural characteris ics of each Lot, including trees, vegetation, particularly the Harrington's penstemo and the natural setting of each building site within the Common Interest Communi . The Architectural Committee shall evaluate the relationship of any proposed Improvem nt to the topography, view sheds and relationship of structures between existing and other potential Improvements within the Common Interest Community. c. Fencing. Due to the fact that wildlife does travel through the area, fencing shall be kept to a minimum within the Common Interest Community. Barbed wire and chain link fencing shall be prohibited within the Common Interest Community. Except for pre - Declaration of Co = ants, Conditions and Restrictions for The Ronch at Coulter Creek P.U.D. Revised Page development wire fencing, only wood fencing shall be permitted wi thin the Common Interest Community, with limited exceptions that shall pertain specifically to gardens, kennels or other element , where a wood fence would not serve the purpose desired, such as to keep animals in an enclosed area or to keep wildlife out of an enclosed area, and to other areas in close proximity to the primary or secondary structure to be constructed on a particular Lot, where a masonry fence or wall may be used in addition to wood to create privacy or to provide visual screening. The type and location of all fencing must be approved by the Architectural Committee. The Association and all homeowners need to adhere wildlife friendly fencing consistent with the Colorado Division of Wildlife recommended fences. Fencing on individual Lots shall be confined to the Building Envelope for such Lot. For wire fencing, a maximum height of 48" with no more than 4 strands and a 12" kickspace between the top two strands is sufficient. Rail fencing should be held to a maximum height of 42" with at least 18" between two of the rails. Mesh fencing is strongly discouraged, as it significantly impairs wildlife movement. d. Lighting. The Architectural Committee shall consider exterior lighting plans and will require that all exterior lighting be opaquely shielded and pointed in a downward direction towards the applicant's property. The Architectural Committee also shall recommend that all Owners make every effort possible to limit the use of exterior lighting, and encourage each Owner to build in such a manner that light sources shall not be directly visible from the outside of such Owner's Lot. The intent behind these considerations shall be to preserve the rural character of the Common Interest Community by limiting exterior lighting as much as possible, while maintaining a safe atmosphere within the Common Interest Community. e. Noxious Weed ControL All Owners shall abide by Colorado state law and Garfield County regulations regarding the control ofnoxious weeds. Pursuant to the Colorado Weed Management Act (CR.S 35-5.5-101, et. Seq.), Garfield County has adopted a Noxious Weed Management Plan for all unincorporated land within the County and has appointed a Weed Advisory Board, responsible for administering the Noxious Weed Management Plan. The Colorado Noxious Weed Act requires that all property owners use integrated methods to manage noxious weeds. The following is a list of actions, which form an integrated strategy for controlling noxious weeds: • Identify your plants; • Understand the target weed, and how it reproduces (by seed, roots or both): • Develop site-specific weed treatment/management plans in cooperation with other individual land owners including The Ranch at Coulter Creek Homeowners Association, who is responsible for managing noxious weeds on the private open space tracts within the Common Interest Community; • Develop a long-term strategy for weed control including regular monitoring of treatment areas; • Alleviate the situation, or practices, that allowed the weeds to spread; and • Take the necessary action to eliminate the noxious weeds. Garfield County offers advice and consultation regarding the control ofnoxious weeds . The County also has information on its web page (http://www.garfield- wunty.com/Vegetation) that will assist landowners in the process of implementing an Declaration of Cov= antsConditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page na Co shal H. and fro.. Wil to integrated strategy forcontrolling noxious weeds. 7. Requirements for Protecting Structures from Wildfire. Wildfire is a fact of e, and nothing can guarantee that persons or property within the Common Interest munity will be free from injury or damage due to wildfire. As a result, all Improvements be designed and constructed in accordance with the Wildfire Hazard Analysis and Wildfire d Mitigation Plan attached hereto as Exhibit 1:3. Adhering to the Wildfire Hazard Analysis ildfire Hazard Mitigation Plan shall minimize the possibility of ignition of Improvements wildfire. In addition to the requirements set forth in the Wildfire Hazard Analysis and ire Hazard Mitigation Plan, the following design criteria shall be required with respect y Improvement to be constructed within the Common Interest Community: 11 struc redu Defe Arti for a slope creati a. Construction Specifications. (i) Roofs: Roof construction and materials shall meet a fire resistance classification of "Class C" (as defined in the Uniform Building Code applicable to the Common Interest Community) or its equivalent. (ii) Vents: Under-eave vents shall not be located near the wall, but rather, near the roofline of any structure to prevent flames from entering such structure through these openings. The vents shall be screened wi th corrosion resistant, noncombustible wire mesh, with such mesh not to exceed, on a nominal basis, one quarter inch (1/4') in size. (iii) Glazed Openings: Dual pane or triple pane glazing or its equivalent is recommended on all glazed openings. (iv) Chimneys and Flues: Chimneys and flues that serve solid fuel appliances shall be provided with an approved spark arrester. b. Defensible Space. Defensible space is defined as an area surrounding a e, where certain modifications shall have been made and restrictions imposed to e or eliminate the presence of flammable material ("Defensible Space"). Minimum ible Space for the Common Interest Community is set forth inParagraph 3 of this e IV. The Colorado State Forest Service recommends down slope fuel modification • 'stance of one hundred feet (100') or more for structures located at the top of steep . The following fuel modification procedures shall be followed in connection with the n of any Defensible Space within the Common Interest Community: (i) Large native trees, shrub groups and clumps of small trees within any Defensible Space shall be thinned to provide ten feet (10') of separation between any vegetation canopies. (ii) New plantings shall be placed to maintain ten (10) feet of separation between any vegetation canopies upon the mature growth of such plantings. (iii) Grasses within the Defensible Space shall be mowed to a height of four inches (4") or less. Declaration of Co antsConditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page mo Lot, info sho with ena appr sh preli Co disa info Arc (iv) All trees taller than eighteen (18) feet should have lower branches pruned to a maximum height of six feet (6'). (v) Shrubs and trees shall be thinned along driveways to assure access by emergency vehicles. (vi) If not enclosed within a fire resistant structure, woodpiles shall not be located within thirty (30) feet ofany structures, and flammable vegetation shall be cleared for a distance of ten feet (10) around any woodpile. (vii) Construction materials, leaves and flammable debris shall be removed from any Defensible Space. (viii) Leaves and debris shall be removed from all roofs at least once a year. Branches shall be separated from chimneys by at least ten feet (10'). All liquid propane gas tanks shall be buried underground, (ix) When implementing a plan to reduce flammable material around structures, survey the area to be treated for the Harrington's penstemon and avoid removing or trampling it. 8. Preliminary Approvals. Any Owner, who shall anticipate constructing or g Improvements on a Lot, or excavating, tree cutting and clearing or landscaping on a may submit preliminary sketches and/or plans thereof to the Architectural Committee for and preliminary approval or disapproval. All such preliminary sketches and/or plans d be submitted in at least three (3) sets and should contain sufficient general information respect to those matters that would be required to be included in the complete Plans to e the Architectural Committee to act intelligently in giving an informal and preliminary val or disapproval of such preliminary sketches or plans. The Architectural Committee never be committed or bound by any preliminary or informal approval or disapproval. The inary approval process is offered as an accommodation only, and the Architectural ttee may set fees to be charged for the provision of this service. 10. Architectural and Site Development Plans. The Architectural Committee shall prove any Plans submitted to the Architectural Committee that shall not contain sufficient ation for the Architectural Committee to exercise the judgment required of the ectural Committee by this Declaration. 11. Architectural Committee Not Liable. Neither the Architectural Committee nor any ember thereof shall be liable for damages to any person or entity submitting any Plans for appr val, or to any Owner or Owners of any Lot or Lots, by reason of any action, failure to act, apprval, disapproval or failure to approve or disapprove with regard to such Plans. Neither the Arc tectural Committee nor any member thereof shall have any liability or responsibility for any '-presentations made to any Owner or prospective Owner by any third parties. The decisions of th Architectural Committee shall be governed by this Declaration and any rules or regulations duly : dopted by the Architectural Committee, pursuant to this Declaration, the Articles and/or the Byla s. 12. Written Records. The Architectural Committee shall keep and safeguard for at least Declaration of Cov= ants, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page fiv fo inc be ma Defr tYP the Imp tree thro and Notwithstan' this Article intended to the date her - are merely or otherwise any Plans i Architectura such requir specification to make an erected, alte landscaping, be modified Committee • (5) yea's complete written records of all actions of approval or disapproval, as well as all other actions, taken by the Architectural Committee, pursuant to the provisions of this Declaration, ding, without limitation, one (1) complete set of the final version of any Plans that shall have approved by the Architectural Committee. 13. Authority to Promulgate Rules and Regulations. The Architectural Committee promulgate and adopt rules and regulations necessary and/or advisable to implement th.is aration. These rules and regulations may include submission requirements concerning the of reports, plans, specifications and other information necessary and/or advisable to enable chitectural Committee to make an informed decision as to requests for approval of any ovement to be constructed, erected, altered and/or permitted to remain, and/or any excavation, utting and clearing or landscaping, within the Common Interest Community. 14. Wildlife Enhancement and Protection. In addition to the requirements set forth ghout this Declaration, the following wildlife habitat mitigation measures shall be required hall be followed by all Owners within the Common Interest Community : a. If hay will be stored on site, a stack yard shall be constructed to keep wildlife out. meas Declaration of Co b. The open space and land adjacent to BLM shall be closed to dog use during the winter and spring months. During construction of the residences, contractors shall not be allowed to have dogs on site. e. Owners shall install bear -proof dumpsters or trash bins. d. The Colorado Division of Wildlife is not liable for damages to landscaping from wildlife. ng anything contained in this Declaration to the contrary, the requirements set forth in , including, without limitation, those contained in Paragraphs 3, 6, 7 and 8 hereof, are educe the risk of damage or injury from wildfire based on information available as of • f, without representation or warranty of any kind. On the other hand, such requirements 'delines that have been identified based on such available information and shall not limit restrict in any manner the right of the Architectural Committee to approve or disapprove accordance with the applicable terms and conditions of this Declaration. Thus, the Committee shall not otherwise be committed or bound by any such requirements, and ents, as well as any submission requirements concerning the type of reports, plans, and other information necessary and/or advisable to enable the Architectural Committee ormed decision regarding requests for approval of any Improvement to be constructed, ed and/or permitted to remain, and/or any excavation, tree cutting and clearing or ithin the Common Interest Community, which are in effect as of the date hereof, may by the Architectural Committee, pursuant to the authority granted to the Architectural aragraph 13 of this Article IV. 1 15. Geologic Hazard Mitigation. The following geologic hazard mitigation es shall be adhered to: a. The recommendations by Hepworth-Pawlak Geotechnical, Inc. ("HP ants, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page GeoTech") outlined in the Preliminary Geotechnical Study for the Subdivision dated February 28, 2003, [Job No. 103 1 15] shal 1 be adhered. These Preliminary Design Recommendations incl 1de provisions for foundations, floor slabs, under -drain system, site grading, surface drainage and pavement subgrade. b. In addition to the drain systems for foundations recommended by HP GedTech, due to the presence of swelling clay soils, perimeter drains should be installed around foundations. Perimeter drains prevent excessive ground moisture from saturating the soils and thus reduce the over potential for expansion or consolidation. c. Due to the possible presence of radon gas in the area, testing for radon gas ;hall be done when the residences and other occupied structures have been completed, prio- to the issuance of a Certificate of Occupancy. ARTICLE V RESTRICTIONS AND PROTECTIVE COVENANTS 1. No Further Subdivision of Lots. No Lot ever shall be subdivided further into smaller lots or conveyed or encumbered in less than the full dimensions as shown on the Final Plat; provided, however, that conveyances or dedications of easements, if approved by the Architectural Committee, may be made for less than the full dimensions of a Lot. Notwithstanding the foregoing, a lot line adjustment between two (2) Lots shall be allowed, subject, however, to any reviews or approvals that may be required by the Garfield County Rego lations and the prior approval ofthe Architectural Committee. 2. Delineation of Lot Boundaries. The boundaries of each Lot are delineated and desi plated by an identifying number on the Final Plat. The Lot lines shown on the Final Plat shal . be the perimeter boundaries of the Lots. 3. Common Elements. Any and all portions of the Common Interest Community desi plated on the Final Plat as common area or common open space shall be owned by the Association and shall constitute common elements as such term is defined in C.R.S. § 38- 33.3- 103(5)(b). 4. Allocated Interests. Each Lot shall be allocated a common expense liability and vote in the Association. The common expense liability shall be allocated equally amongst the Lots, thus each Lot shall be responsible for one -twenty-sixth (1/26) of the common expense liability. The Owner or Owners of each Lot shall collectively have one (1) vote in the Assc ciation. 5. Domestic Animals. Except as expressly limited herein, domestic animals such as dogs. cats, rabbits, caged birds and fish shall be permitted within the Common Interest Community, subject to any rules and regulations that may be promulgated by the Board of Directors. The open pasturingof horses shall not be allowed within the Common Interest Community; provided, however, that horses may be kept in a stable and a small corral upon any Lot so long as the corral is not in a location that the Harrington's penstemon has been mapped. If the penstemon has been found, the location of the corral shall be altered in orde- to seek to avoid the penstemon. Other livestock, including, without limitation, cattle, Declaration of Covenants, Conditions and Restrictions for The Ranch at Couiter Creek P.U.O. Revised Page do of not No the Co do Do to s as, goats, pigs, sheep, chicken and other poultry, shall not be permitted within the Common Interest Community. The Owner of each Lot shall be entitled to keep a maxi mum of three (3) mature , which, for purposes hereof, shall be considered to be any dog older than four (4) months ge. Dogs shall be kept under the control of the owner of such dog at all times and shall be permitted to run free or to cause a nuisance within the Common Interest Community. dog shall be allowed beyond the boundaries of the Lot of the owner of such dog or within ea of any access, roadway, drainage or open space easement within the Common Interest unity shown on the Final Plat, unless accompanied by a person in full control of such All dogs shall be leashed, chained, fenced, electrically kenneled or housed at all times. s shall always be on a leash outside of the house footprint. Since cats are a major predator all rodents and birds, cats shall be kept indoors at all times. The Association shall have the right to assess and enforce penalties against any Owner that shall be in violation of the restrictions applying to dogs as specified herein and/or in any applicable rules and regulations promulgated by the Board of Directors. Should any dog be +und chasing any or molesting any deer or elk, or any domestic animal or livestock of any Owner, other than the owner of the dog in question, the Association shall be authorized to p ohibit such Owner from continuing to maintain the offending animal on the Lot of suc t Owner. If such Owner shall refuse or be unable to remove the offending dog from such Lo the Association may dispose of such dog, if necessary, to protect wildlife or other Owners' do estic animals or livestock. the Co avoi abov Com and a than portion of the Lot in which an Owner shall keep any animals, pursuant to the sions hereof, shall be kept reasonably clean and free of refuse, insects and waste at es. No commercial generations or animal breeding activities of any kind shall be 'tied within the Common Interest Community. Notwithstanding the foregoing, no animal may be kept within the Common Interest unity (whether or not within a structure) which, in the good faithjudgment of the Board of rs, would be obnoxious, and/or result in an annoyance, to any Owner or other resident vicinity of the Common Interest Community. 6. Underground Utility Lines. All water, electrical and telephone lines, within ommon Interest Community, shall be buried underground beneath Common Interest unity roads and driveways. County Road 115, or in such other locations that shall seek to the Harrington's penstemon, and shall not be carried on overhead poles or in any way the surface of the ground. Any areas of natural vegetation and/or terrain within the on Interest Community disturbed by the burying of utility lines shall be revegetated by, the expense of, the Owner(s) that shall have caused the installation of the utilities, no later e next growing season following the installation of such vegetation and/or terrain. 7. Service Yards and Trash . Equipment, service yards and/or storage piles may be pe .i itted on any Lot during any construction that shall take place on such Lot, so long as such acilities first shall have been approved in writing by the Architectural Committee. Othe ' ise, no lumber, metals, equipment or bulk materials shall be kept, stored or allowed to acc ulate on any Lot, other than within an accessory building that first shall have been approved in wri ' • g by the Architectural Committee. All scraps, refuse and trash shall be removed from each ots immediately after the completion of any construction that shall take place on such Declaration of Co nants, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page servi shall and (colle indiv. the B reaso an ap Wate initial Asso wi th Wate permi Offic Penni respo impro Syste Augm These Reaso associ wells and m includ necess Each Water connec each Lot w irrigati shall confo for st eff require senior urning of any construction materials within the Common Interest Community shall be ited. 8. No Mining, Drilling or Quarrying. Mining, quarrying, tunneling, excavating drilling for any substances within the earth, including, without limitation, oil, gas, als, gravel, sand, rock and soil shall be prohibited within the Common Interest Community. 9. Central Water System. Domestic in-house and lawn and garden irrigation water s for the Common Interest Community shall be provided by a central water system, which onsist of one (1) or more underground water wells, along with all physical infrastructure put -tenant structures used for or pertaining to the delivery of water to the Lots tively, the "Central Water System'. The Central Water System shall not include the ual water service line extensions from the main water line of the Central Water System to ding Envelope on each Lot. Declarant, at its sole cost and expense, shall take all action ably necessary to construct the Central Water System. Each Lot Owner shall ensure that ropriate individual water service line shall be extended from the main line of the Central System to the Building Envelope on the Lot(s) of such Owner. Upon completion of the installation of the Central Water System, Declarant shall convey the same to the ation, along with all easements and water rights associated with or used in conjunction e Central Water System and/or the Plan for Augmentation decreed in Case No. 02CW108, Division No. 5 (the "Augmentation Plan"). Declarant shall assign any and all well s issued by the Office of the Engineer of the State of Colorado (the 'State Engineer's ) associated with or used in conjunction with the Central Water System ('Well s)'). From and after such conveyances and assignments, the Association shall be solely sible for all costs and activities necessary and relating to the operation, maintenance, ement, repair, relocation, enlargement and/or replacement ("OMR") of the Central Water as well all costs and activities necessary and relating to maintaining the Well Permit(s), the ntation Plan and any other water right approval associated with the Central Water System. later activities shall include, among other things, Water Court filing for Findings of able Diligence or To Make Absolute attributable to any conditional water rights ted with the Central Water System and maintaining and/or renewing any Well Permit(s) for rving the Central Water System, as well as any other actions necessary to comply with intain the water rights associated with the Central Water System. OMR activities shall , among other things, any and all actions necessary for the upkeep and improvement, if , of the physical infrastructure comprising the Central Water Sy stem. er shall be required to construct, at such Owner's expense, all connections to the Central ystem. Each Owner thereafter shall be responsible for all OMR costs associated with such ons to the Central Water System. Use of water provided by the Central Water System on t shall be subject to the terms and conditions of the Augmentation Plan. Accordingly, each be allowed a total of ten thousand (10,000) square feet of lawn, garden and landscape n from water provided by the Central Water System. The Association or its designated agent solely responsible for ensuring that water use within the Common Interest Community shall to the terms and conditions of the Augmentation Plan, which shall include the responsibility g and causing water to be released from any on-site augmentation structure and/or g the release of water from any off-site augmentation structure, when such release shall be by the Division Engineer for Water Di vision 5 of the State Engineer's Office to satisfy ownstream water rights. There hereby is created and reserved a perpetual, non-exclusive easement fifteen feet Declaration of Co ants, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page 15) in width that shall encompass the infrastructure comprising the Central Water System r the purpose of the construction and OMR of the Central Water System, expressly shall dude a right of access in, on, over and across each Lot to the extent the Central Water ystem shall be located on such Lot, which easement more particularly shall be described on e Final Plat. However, in no event shall such easement be allowed to traverse a Building nvelope on any such Lot To the extent such easement shall traverse any Lot, the Owner of h Lot shall be responsible for any objects, improvements, landscaping or the like placed or over any such easement. and neither Declarant nor the Association shall have any ligation to restore the surface of such easement to the condition that existed prior to any s ce land disturbance of any kind caused or created by the use of such easement. 10. Individual Sewage Disposal Systems. Sewage disposal for the Common Interest ommunity will be effectuated by an ISDS, which typically would consist of a septic tank d leach field for each dwelling unit constructed on each Lot, pursuant to the terms and c nditions hereof. Each ISDS shall be designed and constructed in accordance with e regulations of the County and the State in effect at the time of such construction. ch ISDS shall be designed and located to minimize tree removal, s eek to avoid the arrington's penstemon, and changes to the natural contours of the land. Responsibility f r the construction and 0 M R of each ISDS shall rest with each Owner, and the MR of such ISDS shall be performed in accordance the applicable regulations of e County and the State. In the event that any Owner shall fail to properly perform e OMR of the ISDS serving such Owner's Lot, the Association shall have the a , thority to perform such OMR and charge the cost thereof to such Owner as a Special ssessment (as hereinafter defined), but shall have no obligation to do so. 11. Trees and Other Significant Plants. No Owner shall remove any healthy, liv ng tree within the Common Interest Community, without first having obtained the prior tten approval of the Architectural Committee. All construction, erection, alteration, ex avation, tree cutting and clearing and landscaping to be performed on any Lot shall seek to : void the Harrington's penstemon, minimize the removal, and maximize the preservation, of + ees to the greatest extent possible consistent with requirements for a Defensible Space, wi Te protection and the reasonable immediate plans of the Owner of such Lot to improve, de elop or redevelop such Lot. 12. Hunting. The Colorado Division of Wildlife shall be allowed on the property for the purpose of bear and lion control. Hunting in this circumstance shall only be all • wed. Hunting shall otherwise be prohibited throughout the Common Interest Community. ARTICLE VI ADDITIONAL RESTRICTIONS ON LOTS 1. Number and Location of Buildings. No structures or other Improvements of • y kind shall be constructed, erected, altered or otherwise placed or permitted to remain on ' y Lot, except as first shall have been approved by the Architectural Committee. 2 Completion of Construction. Any construction activity that shall take place on . y Lot shall be completed, fully cleaned up and landscaped within eighteen (18) months fro the issuance of a building permit with respect to such construction, unless the Owner of suc Lot first shall have obtained a written variance from the Architectural Commi ttee to Declaration of Cov- ants, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page allow for a period of construction in excess of such 18 -month period. In the event an Owner shall not have secured a written variance to allow for a period of construction in excess of eighteen (18) months from the issuance of a building permit with respect to such construction, and such construction shall not have been completed prior to the expiration of such 18 - month period, the Board of Directors shall have the right to charge to such Owner, as a Sp:.cial Assessment, a fine in any amount the Board of Directors shall deem appropriate, but shdl have no obligation to do so. 3. Used or Temporary Structures. Except within an enclosed garage, no used or previously erected or temporary house, structure, mobile home, manufactured home or trailer shall be permitted on any Lot; provided, however that the foregoing prohibition shall not be interpreted as a general prohibition against modular construction of Improvements within the Common Interest Community in accordance with the remaining terms and conditions hereof. Furthermore, the foregoing prohibition shall not apply to construction trailers, wh ch shall be permitted for eighteen (18) months from the date of commencement of construction, or until a Certificate of Occupancy shall have been issued with respect to the structure that shall be the subject of such construction, whichever first shall occur, provided, however, that any such construction trailer only may be used for construction, office and storage purposes, and shall not be occupied as a residence for any period of time. 4. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment and other items, including, but not 1 imited to, any motor home, trailer, camper, recreational vehicle, boat, truck, tractor, motorcycle, all -terrain vehicle, snow removal or garden equipment and any similar item, except when in actual use, shall be kept and enclosed at al_ times within a solid structure sufficient to screen such items from view from any common roads and neighboring homes to the greatest extent possible. Any propane or other fuel storage tanks shall be buried underground. Any storage piles, refuse or trash containers, utility meters and other facilities shall be enclosed within a structure or shall be appropriately screened from vi nw by planting or fencing approved in writing by the Architectural Committee, which screening shall be adequate to conceal the same from neighbors, streets and private roads. 5. Noxious Fumes, Offensive Activity or Sounds. No activity resulting in noxious or offensive behavior or sounds shall occur within the Common Interest Community at any time, and nothing shall be done or permitted that, by sight or sound, may be a nuisance to any other Otvner; provided, however, that the Board of Directors may authorize in writing the use of sound and sound devices to control or manage wildlife, livestock or domestic animals. 6. Air Quality Restrictions. In order to protect against the degradation that could occur to air quality as a result of the utilization of wood -burning devices, the following restrictions shall apply within the Common Interest Community: a. No open hearth solid fuel fireplaces will be allowed anywhere within the Common Interest Community. One (1) new solid -fuel burning stove as defined by CR. S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit within the Common Interest Community. b. All dwelling units within the Common Interest Community will be allowed an unrestricted number of natural gas burning fireplaces or appliances. 7. Firearms. The discharging and/or shooting of firearms shall be prohibited within Declaration of Covenants, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page e Common Interest Community. 8. Commercial Activities. Neither the conduct of any commercial activities nor e storage of materials, goods, equipment and/or other items used or associated with c mmercial activities shall be permitted within the Common Interest Community; provided, h Wever, that personal vehicles with a business name placed thereon shall be allowed within Common Interest Community, and Owners shall be permitted to maintain an office on their r,,pective Lots, so long as no services shall be provided that shall result in the general public c ( ming to such Lot on a regular basis. 9. General Restriction. All Lots shall comply with restrictions contained in any othe article of this Declaration. The Board of Directors hereafter from time to time may adopt, pro gate and enforce such other rules and/or regulations as the Board of Directors in its sole discr - tion shall deem necessary and/or advisable to implement or interpret the provisions of this Decl : ration, but shall not be obligated to do so. 10. Construction Management. In order to protect the Harrington's penstemon and other native vegetation, all construction activity, storage of materials, fill and debris, parking of vehi es and equipment shall occur within the building envelope. II ARTICLE, VII ACCESS TO COMMON INTEREST COMMUNITY Primary Access. Primary access to the Common Interest Community shall be frim County Road 115, which is also known as Red Canyon Road (the "Road', a public road + wned and maintained by Garfield County). Internal Roadways. Internal access to the Common Interest Community shall be b private roadways owned and maintained by the Association for the use of Owners and their ests and invitees. As further described in Article VIII below, the Board of Directors shall levy sessments against each Owner for the Owner's pro rata share of annual Common Area Expe es related to the maintenance, repair and replacement of the internal private roadways. paym same Para to the and a and 'Co funds inclu antici accom Rese deem ARTICLE VIII COLLECTION OF ASSESSMENTS; ENFORCEM ENT g . Assessments. To the extent the Association shall be responsible for the �It of any such assessments that shall consist of any items of common expense, the ay be lawfully imposed on the Owners on a pro rata basis, as otherwise provided in this ph 1 of this Article VIII, which common expenses shall include, but not be limited following: expenses and costs of maintaining, repairing and plowing of roads within cessing the Common Interest Community; expenses of the Architectural Committee; insurance, accounting and legal functions of the Association (collectively, the on Area Expenses"), The Board of Directors also may establish contingency and reserve at may be necessary and/or advisable to satisfy the obligations of the Association, g, without limitation, the payment of Common Area Expenses, and to fund any other ted costs and expenses of the Association to be incurred in pursuit of the lishment of the purposes for which the Association has been established (collectively, e Funds'. The Reserve Funds shall be in such amounts as the Board of Directors may ecessary and/or advi sable to accompl ish the aforesaid purposes. The Board of Directors IA 1 Declaration of Co ants, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page also speci Dire Asso her limi Rese hereo Expe rata of L and Co the det then Own all have the right during any calendar year to levy and assess against each Owner a assessment(s) (the "Special Assessment(s)") in such amount(s) as the Board of tors may deem necessary and/or advisable to accomplish the purpose or purposes of the iation, pursuant to this Declaration, the Articles and/or the Bylaws. For all purposes , the term "Special Assessments"also shall include any fines. Fees, including, without tion, utility fees, and other assessments, exclusive of Common Area Expenses and e Funds, which may be levied on an Owner in accordance with the terms and conditions Each Owner shall be required to pay such Owner's pro rata portion of the Common Area es, the Reserve Funds and any Special Assessments (collectively, "Assessments'), which pro ortion shall be an amount equal to a fraction, the numerator of which shall be the number ts to which such Owner owns fee simple title at the time such Assessment shall become due b the denominator of omprise the II Ilion Interestd Community.All Ownersc shall be b gated to pay any Assessmentt Gimp imposed by sociation and/or the Board of Directors, pursuant to the provisions hereof. Except as otherwise ed by the Board of Directors, all Assessments shall be payable to the Association at the urrent address thereof, within thirty (30) days after receipt of written notice thereof by the of each Lot. unpar lesser Boar ten such Asso such charg such 1 such In ad conne theno Ifany Owner shall fail to pay the full amount of any Assessment on a timely basis, the portion of such amount shall bear interest, from and after the due date thereof, at the f the maximum rate of interest permitted by law and such rate as shall be imposed by the of Directors, which rate to be imposed by the Board ofDirectors shall not exceed one and five percent (1.5%) per month. Also, from and after five (5) days following the due date of any ssessment, the Board of Directors, in addition to the other remedies to which the •iation would be entitled, pursuant to the provisions hereof, may impose a late charge on efaulting Owner as to such unpaid portion of such Assessment, the amount of which late may be established by the Board of Directors; provided, however that the amount of any to charge shall not exceed One Hundred and No/Dollars ($100.00) per day for each day that ortion of such Assessment shall remain unpaid after the expiration of said 5 -day period. tion, the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in tion with any demand(s) for payment and/or other collection action(s) taken withrespectto -payment ofany such delinquent Assessment. 2. Lien for Non-payment of Assessments. All unpaid Assessments Ievied by the Board of Directors shall constitute a lien against the Lot(s) owned by such Owner, which shall be superi r (prior) to all other liens and encumbrances, excepting only the following: a. Tax and special assessment liens on any Lot in favor of any governmental assessing unit; and Asses §38-41 ins b. All sums unpaid on a first mortgage of record that shall encumber any Lot, including, without limitation, any unpaid obligatory sums as shall be provided by such encumbrance. Each Owner hereby agrees that the Association's lien against a Lot for the non-payment of ents shall be superior to the homestead exemption provided by Colorado Revised Statutes 0-201, et seq., and each Owner hereby agrees that the acceptance of a deed or other ent of conveyance in regard to any Lot shall signify such Owner's waiver of such homestead Declaration of Cove antsConditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page ex Boar ag deed discr Asse the tion granted in said section of the State statutes. Upon the written request of any Owner, the of Directors shall execute and deliver an agreement subordinating the Association's lien t a Lot for the non-payment of Assessments to the lien of the holder of any first mortgage or of trust against such Lot and any Improvements on such Lot. The Board of Directors, in its tion, also may subordinate the Association's lien ag iinst a Lot for the non-payment of sments to the holder of any second or subsequent mortgage or deed of trust on such Lot and provements on such Lot. To evidence any lien that shall arise against a Lot due to the non-payment in full of any Asse sment, the Board of Directors shall prepare a written notice setting forth the amount of the unpa • portion ofsuch indebtedness, the nam a ofthe Lot to which such non-payment shall relate and the 1 -gal description thereof, which notice shall be signed by one ( I ) member of the Board of Dire ors and shall be recorded in the Office of the Clerk and Recorder of Garfield County, Colo . do. The Association may enforce any such lien by foreclosure thereof against the Lot owne ► by such defaulting Owner in like manner as a mortgage on real property in the County, upon the recording of a notice of claim thereof. In any such foreclosure proceeding, the defa 'ting Owner shall be required to pay all costs and expenses, including, without limitation, reaso a able attorneys' fees, incurred by the Association in connection with such proceedings, as well as all osts and expenses incurred by the Association in connection with the filing of such notice of cla with respect to such lien. Any such Owner also shall be required to pay to the Association any a ditional Assessments that shall be levied, pursuant tothe terms and cond itions hereof, against such 1 wner and/or such Owner's Lot(s) during the period of such foreclosure proceeding, and the A sociation shall be entitled to the appointment of a receiver to collect the same. The Board of Direc ors, on behalf of the Association, shall have the power to bid on any Lot at any sale that shall ccur in connection with any such foreclosure proceeding and to acquire and thereafter hold, lease, mortgage andconvey the same. Any recorded lien against a Lot that shall arise due to the non-payment of any Assessment may b • released by recording a release of such lien that shall be executed by a member of the Board of Directors. shall Declar inclu inequi the p Owner dama enforc by suc 3. Enforcement Action. The Association, acting by and tbrongh the Board of Directors, ve the right to prosecute any action to enforce the provisions of all or any portion of this tion by injunctive relief, on behalf of itself, and on behalf of any and/or all of the Owners, g, without limitation, in addition to any other remedies the Association may have at law or , the right to maintain an action in the District Court in and for the County and the State for ose of recovering any unpaid Assessments made against any Owner. In addition, each and the Association shall have the right to prosecute any action for injunctive relief and for by reason of any violation of this Declaration. The prevailing party in any such ent action shall be entitled to an award of the reasonable costs and attorneys' fees incurred party in connection with such action. 4. Limitations on Actions. In the event any construction, erection or alteration, or any ex ' avation, tree cutting and clearing or landscaping, shall be commenced within the Common Interest Community in violation of this Declaration, and no action shall be commenced within one (I) year th;reafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action Ler damages shall still be available to any party aggrieved This one (1) year limitation shall not ap i ly to injunctive or equitable relief against any other violations of this Declaration. ARTICLE IX Declaration of Cove. ants, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Pa9e eas any the of s eas by and/ req inv each dete gran all EASEMENTS AND OPEN SPACE 1. Easements Shown on Final Plat. The Association shall be entitled to use such ents as shall be reflected in the Final Plat. The Association shall have no obligation to pay ount for the use and enjoyment of any of such easements. The Association shall pay for st of maintaining and repairing any improvements that the Association shall place on any ch easements. 2. Easements for Access and Repairs. The Association shall be entitled to an ent in, on, over and across each Lot for the purpose of accessing any property owned e Association, protecting any property owned by the Association, making any necessary r advisable repairs, including, without limitation, performing any OMR expressly ed to be performed by the Association, pursuant to the provisions hereof, and ligating and/or responding to emergency circumstances. The Association may access Lot at all reasonable times (and at any time in the event of an emergency) to 'ne compliance wi th the conditions of approvals of the Common Interest Community ed by the Commissioners of the County and to determine and enforce compliance with the provisions of this Declaration. ARTICLE X INSURANCE 1. Types of Insurance. The Association may obtain and keep in full force and effec the following insurance coverages: a. Fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy also shall cover persons who shall serve the Association, without compensation. b. Coverage for members of the Board of Directors and the officers of the Association, including, without limitation, committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers' and directors' liability insurance policies. c. General liability and property coverages. d. Coverage against such other risks of a similar or dissimilar nature as the Board of Directors shall deem necessary and/or advisable. described rights ma time d County ARTICLE XI DECLARANT'S RESERVED RIGHTS larant hereby expressly reserves to itself and its successors and assigns the following 'ghts, which include development rights and special Declarant rights, any one or more of which be exercised, at the sole and absolute discretion of Declarant, at any time and from time to g the period commencing upon the recording of this Declaration in the office of the Garfield lerk and Recorder and ending on the date of termination of such rights established under Declaration of Cov- nants, Conditions and Restrictions for The Ranch at Coulter Geek P U.D_ Revised Page Section exercise with all forth ma prior Interest to resery this Arti instrume Declaran to compl from tim Subdivisi grant an easemen may be r the effec of Article XII hereof. It is expressly understood that Declarant shall not be obligated to y of these reserved rights. Such reserved rights may be exercised upon or in connection r any portion of the Common Interest Community. Such reserved rights here and after set not be amended, modified, terminated or otherwise altered in any way without the expressed sten consent of Declarant. All conveyances of Lots and other port ions of the Common ommunity hereafter made, whether by Declarant or otherwise, shall be deemed and construed to Declarant and/or to grant to Declarant all of the rights reserved by and to Declarant in le XI, even though no specific reference to such rights appears in the conveyance in ts. Nothing in this Article XI shall limit or impair any other rights granted or reserved to by other provisions of this Declaration or the Colorado Common Interest Ownership Act. The following rights are hereby reserved to Declarant and its successors and assigns;: . Completion of Improvements. The right throughout the Common Interest Community to improvements indicated on the Final Plat, as such plat and this Declaration may be amended to time and the right to construct and complete improvements required by the terms of any n Improvements Agreement with Garfield County, Colorado. Furthermore, the right to create, or use and enjoy additional non-exclusive easements, and to relocate existing platted , upon or across any portion of the Common Interest Community except building envelopes, as asonably required for the completion by Declarant of the above-described improvements or ve exercise by Declarant of any of the other reserved rights described in this Article XI. Sales, Marketing and Management. The right to construct, locate or operate, and to main K • upon, and to remove from, Lots owned by Declarant, and/or the Common elements, in the dis retion of Declarant, and in such number, size and location as may be reasonably required by Decl ant in connection with the completion of improvements, the management of the develop nt, and/or the promotion, marketing, sale or rental of Lots , the following: a. Sales offices, management offices, and/or construction oftices and structures c s taining or relating to the same. Sudi offices, to the extent they are not situated on a Lot hereby declared to be personal property of the Declarant and shall in any case be removable b Declarant or its successors or assigns promptly upon the Declarant or its successors or assigns c - sing to be a Lot Owner b. Signs identifying and advertising the Common Interest Community and the Lots therein, are relating to development or construction thereon; c. Model residences constructed or to be constructed on Lots; d. Parking areas and facilities, and lighting, necessary or desirable in the keting of the Common Interest Community and the Lots to perspective Owners; c. Employees and offices; equipment vehicles; and marketing and construction aterials; and f. Together with the right to attract, incite or bring perspective purchasers of Lots to the Common Interest Community at all times, and to permit them to use and enjoy the ommon elements. Merger. The right to merge or consolidate the Common Interest Community with another ommon Interest Community of the same form of ownership. Declaration of Cov ants, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page 4. Declarant Control of Association . Notwithstanding anything contained herein to the c s i trary, Declarant shall be entitled to select and appoint, in its sole discretion, Directors, in actor ce with the Bylaws (the "Declarant's Control Period"), until the expiration of the Declarant's Contr . 1 Period as defined below. The Declarant's Control Period shall cease on the happening of any of the following events, whichever occurs earlier: (a) sixty (60) days after conveyance of seventy- five p rcent (75%) of the total number of Lots that may be created within the Common Interest Co ty have been conveyed to persons other than Declarant; (b) two (2) y after the last conveyance of a Lot by Declarant in the ordinary course of business; (e) two (2) yeafter any right to add new Lots was last exercised by Declarant; or (d) when, in its discretion, Decl i t so determines. 5. Declarant's Rights to Grant and Create Easements. The right to grant, create or resery temporary and permanent easements or to relocate existing easements for (a) access to and egress m om or through the Common Interest Community; (b) utilities, including but not limited to, wat , sewer and electrical lines; (c) drainage, irrigation and ditch and pipeline easements; and (d) other . . oses incident to the development and sale of the Common Interest Community (collectively the "E. ements'). Such Easements may be located by Declarant in, on, under, over and across common eleme i or upon Lots within the Common Interest Community so 1 ong as such easements do not lie within ny building envelope. Declarant shall further have the right to grant to public or quasi -public entities the right to construct certain storage or other similar facilities on the common element in connec "on with the provision of utilities or other services to the Common Interest Community. Any such f ilities so located, and of all distribution lines located in any easements created pursuant to provis ns hereof, or otherwise, shall, in all events, belong to the provider of such services. 6. Withdrawal Rights and Procedure. The right at any lime and from time to time to wi draw from the Common Interest Community any Declarant -Owned Lot or Lots, or Comm n Elements . a. Withdrawal may only be accomplished by the recording by Declarant of an endment to this Declaration effected by the withdrawal, and amendment to the Final Plat a i - cted by the withdrawal. Upon the recording of such amendments, the withdrawn Lots, or Con Area shall no longer be part of the Common Interest Community or subject to this D claration in any way. b. Each Declarant -Owned Lot, and each Declarant -Owned Common Element, is he eby described and declared to be a separate portion of real estate that is subject to this right of "thdrawal, and Declarant expressly reserves the right to withdraw one or more Declarant - ed Lots and/or all or a portion of any Declarant -Owned Common Elements from the Con Interest Community. Once a Lot has been conveyed to a Lot Owner other than D larant, that portion of the real estate is no longer subject to this right of withdrawal. Likewise, on a Common Element has been conveyed to the Association, that portion of the real estate is no longer subject to this right of withdrawal. The withdrawn property shall be subject to whatever easements, if any, may be reasonably necessary for access or utility service to, or operation or management or use or en oyment of, the Common Interest Community or any part thereof. Similarly, the Owner(s) of • e withdrawn property shall have whatever easements, if any are reasonably necessary for ac ss or utility service to or for use of enjoyment of the withdrawn property over and across th-' common elements within the Common Interest Community. At the time any withdrawal of reestate is accomplished, Declarant shall record whatever documents are necessary to establish Declaration of Cov. nants, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page s ch reciprocal easements in the Garfield County, Colorado records. Subdivision of Lots. Declarant shall have and hereby reserves the right to subdivide any Declarant Owned Lot located within the Common Interest Community to create additional Lots, subject to the maximum number of Lots set forth in Article 1 of this Declaration; provided, however that such Sub . vision is consistent with the Subdivision Regulations in Garfield County. Colorado, or that a variance • at obtained to rich regulations if necessary, and that the Subdivision is accomplished in complian•- with Garfield County Subdivision requirements. Declarant shall also have and hereby reserves e right t o convert one or more Lots in the common element. Upon the Subdivision of any Lot or thconversion of any Lot and to common elements in accordance with the terms and conditions contained 1. erein, the allocated interest of all Owners ehall be reallocated in accordance with the definition of allocat . interest contained in the Colorado Common Interest Ownership Act. 8. Other Reserved Development Rights. The right with respect to all or any Declarant - Owned po 'on of the Common Interest Community (including the Lots) to (a) create common elements; (b) create . dditional Lots, subject to the maximum set forth in Article I to this Declaration; (c) combined Lots; (d) $ nvert Lots into common elements; (e) convert common elements into Lots; and (f) create common :_ ements. 9. Transfer of Declarant's Reserved Rights. Any one or more rights created or reseryfor the benefit of Declarant under this Article XI or elsewhere in this Declaration may be transfe - d to any person by an instrument describing the right or rights transferred and recorded in Garfiel County, Colorado. Such instrument shall be executed by the transferor Declarant and the transfe - e. 10. Termination of Declarant's Reserved Rights. With the exception of Declarant's right t •' appoint or remove members of the Board of Directors and Officers of the Association, the rights served to Declarant in this Article XI shall automatically terminate an expire upon the first to occ of (i) the date which is thirty (30) years after the recording of this Declaration in the records of G. eld County, Colorado, or (ii) Declarant's relinquishment and surrender of such rights by recordinstrument. Declarant may from time to time relinquish and surrender one or more but less than . of the reserved rights, in which event the unrelinquished reserved rights shall remain fully valid • . • effective for the remainder of the term thereof. The Association shall extend the time period for ex - ise of a development right, or reinstate a lapsed development right, subject to whatever terms, conditi . ' and limitations the Association may impose on the subsequent exercise of the develo •' • i ent right. The extension or renewal of a development right and any terms, conditions and limitati ns shall be included in an amendment executed by Declarant or the Owner of the real estate subject • the development right and the Association. ARTICLE XII GENERAL PROVISIONS i . Declaration to Run. All of the covenants, conditions and restrictions contained in this De aration shall be a benefit to and a burden upon the Owners and the title to all of the lands in the 1 . mmon Interest Community, and the benefits and burdens of all said covenants, conditions and re ctions shall run with the title to all of the lands in the Common Interest Community. . Termination of Declaration. In the event this Declaration shall not have been sooner lawfull terminated, pursuant to any applicable laws of the State, the County and/or the provisions Declaration of Cov- ants, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page hereo this Declaration may be terminated on January 1, 2025, by a vote of at least sixty-seven percen (67%) of the votes entitled to be cast by the Members at a meeting of the Members duly held, wheth r inperson or represented by proxy. If this Declaration shall not be so terminated, then this Decl . tion shall continue to be in full force and effect for successive twenty-five (25) year periods, unless at the close of any such 25 -year period, this Declaration shall be terminated by a vote of sixty -s - ven percent (67%) of the votes entitled to be cast by the Members at a meeting of the Memb rs duly held, whether in person or represented by proxy. In the event of any such termination by the Members, a properly certified copy of a resolution of such termination shall be placed on record in the Office of the Clerk and Recorder of Garfield County, Colorado, within six (6) months after i - meeting at which such vote shall have been cast. . Amendment of Declaration. This Declaration may be amended by a vote of sixty- seven rcent (67%) of the votes entitled to be cast by the Members at a meeting of the Me .,; bers duly held, whether in person or represented by proxy, so long as a properly certified copy of a - solution of such amendment shall be placed on record in the Office of the Clerk and Recorder of eld County, Colorado, within six (6) months after the meeting at which such vote shall hav- been cast. 4. Severability. Should any part of this Declaration be declared invalid or une orceable by any court of competent jurisdiction, such decision shall not affect the validity of the r=, ma ini ng provisions of this Declaration. 5. Paragraph Readings. The article and paragraph headings within this Declaration shall be for convenience only and shall not be construed as a specific part of the terms of this Decl ation. 6. Limited Liability. Neither the Association nor the Board of Directors, including, without limit: tion any member thereof, shall be liable to any party for any action or for any failure to act with - pect to any matter, if such action taken or such failure to act shall have been in good faith and with . t malice. The Owners severally agree to protect, defend, indemnify and hold harmless the Asso iation and the Board of Directors, including without limitation, all members thereof, from and .:ainst any and all claims, actions, causes of action, judgments, fines, penalties, losses, costs, expe ses, damages, liabilities and obligations that shall have resulted from such action or such failur to act, if the Association and the Board of Directors, including, without limitation any mem i er thereof, as the case may be, shall have acted or failed to act in good faith and without mali IN WITNESS WHEREOF, this Declaration of Covenants, Conditions and Restrictions for The ' ' ch at Coulter Creek P.U.D. has been executed by Declarant as of the date first above written. SLC- i aurence, LLC, a Delare limited liability company By: Snowmass Land Company, LLC, a Delaware limited liability company, its Manager By: Declaration of Cove ants, Conditions and Restrictions for The Ranch at Coulter Creek P.U.D. Revised Page Certificate of Dedication and Ownership THE UN r! RSIGNED , BEING THE SOLE OWNER(S) IN FEE SIM • LE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOW LOT , THE RANCH AT COULTER CREEK P.U.D.,COUNTY OF GARFIELD, STATE OF COLORAO, ACCORDING TO THE PLAT RECORDED JUNE 9TH, 2004 AS RECEPTION NUMBER 653768 I: THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, HAS [HA E] CAUSED THE DESCRIBED REAL PROPERTY TO BE PLATTED AS SHOWN ON THE ACCOMP NYING PLAT UNDER THE NAME AND STYLE OF 1ST AMENDMENT OF FINAL PLAT OF THE RAN H AT COULTER CREEK P.U.D. SITUATE IN THE COUNTY OF GARFIELD. THE OW ER(S) DO(ES) HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS TO THE USE ► F THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC UTILITIES THOSE PORTION • OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMP NYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILI ES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFE • NG TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLA ION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED N A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVE ENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIEL EXECUTE STATE OF this day of , A.D., 2016. COUNTYF The foreg in Owner Address: g Certificate of Dedication and Ownership was acknowledged da of Y , A.D., 2016, by My comm Witness ssion expires: fore me this hand and official seal. (SEAL) Notary Public The unders P.U.D. ("Lot Reception N of the Final certification Beneficiary f and ownersh Beneficiary public to whi Lienholder Consent and Subordination ed, being the Beneficiary under a Deed of Trust upon Lot , The Ranch At Coulter Creek "), and which Deed of Trust was recorded the day of , 2016 as mber , certifies that the undersigned has reviewed the 15t Amendment lat of The Ranch At Coulter Creek P.U.D. ("1st Amendment to Final Plat") and by this ereby consents to said 1st Amendment to Final Plat and to the recording thereof. rther consents to said 15t Amendment to Final Plat as stated in the certificate of dedication p executed by the Owner(s) referenced hereon, and hereby subordinates any interest that ay have in and to the property subject to such dedication, to the entity(ies) or the general h such dedication is made. EXECUTED th day of , A.D., 20 . STATE OF COUNTY OF ) ) Lienholder