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HomeMy WebLinkAbout2.0 Protective Covenants & Design Requirements & GuidelinesLOS AMIGOS RANCH MASTER DECLARATION OF PROTECTIVE COVENANTS AND DESIGN REQUIREMENTS AND GUIDELINES February 17, 1952 SECTION I MASTER DECLARATION OF PROTECTIVE COVENANTS FOR THE RESIDENTIAL AREAS OF THE LOS AMIGOS RANCH PUD GARFIELD COUNTY, COLORADO MASTER DECLARATION OF PROTECTIVE COVENANTS FOR THE RESIDENTIAL AREAS OF THE LOS AMIGOS RANCH PUD GARFIELD COUNTY, COLORADO TABLE OF CONTENTS PAGE I. CERTAIN DEFINITIONS I-1 1.1 Los Amigos Ranch Partnership 1.2 Association 1.3 Dwelling Unit II. GENERAL PURPOSES 1-3 2.1 General Purposes 2.2 Particular Purposes III. SUBJECTION OF PROPERTY TO DECLARATION I-4 3.1 Property Which May Be Covered 3.2 Supplemental Declaration 3.3 Effect of Supplemental Declaration 3.4 Additional provisions in Supplemental Declaration 3.5 Duration and Amendment 3.6 Disposition of Assets Upon Dissolution of Association 3.7 Severability 3.$ Obligations of Los Amigos Ranch as Association Member 3.9 Sale of Los Amigos Ranch's Interest IV. LAND CLASSIFICATION AND DEFINITION 1-7 4.1 Single Family Lot 4.2 Rural Residential 4.3 Multiple Unit Tract 4.4 Common Area 4.5 Property V. PROVISIONS APPLICABLE TO PARTICULAR LAND CLASSIFICATION I -S 5.1 Lot Restrictions 5.2 Rural Residential Lot Restrictions 5.3 Multiple Family Tract Restrictions 5.4 Common Area Restrictions PAGE VI. PROVISIONS APPLICABLE TO ALL PROPERTY I-11 6.1 Subdivisions of Property 6.2 Combining Parcels 6.3 No Business or Commercial Activity 6.4 Occupancy Limitations 6.5 Maintenance of Property 6.6 No Noxious or Offensive Activity 6.7 No Hazardous Activities 6.$ No Unsightliness 6.9 No Annoying Lights, Sounds or Odors 6.10 No Temporary Structures 6.11 Restrictions on Fences 6.12 No Annoying Lights; Restriction on Exterior Lighting 6.13 Restriction on Animals 6.14 Restriction on Signs 6.15 No Mining and Drilling 6.16 Individual Septic Systems 6.17 Construction Period Exception 6.1$ Variances by Design Committee 6.19 Watering or Irrigation Restrictions; 6.20 Restriction on Tanks VII. REQUIRED APPROVAL OF ALL CHANGES TO PROPERTY•I-17 7.1 Change in the Existing State of Property 7.2 Approval of Change in Existing State Required 7.3 Design Committee Criteria for Approval 7.4 Conditions Precedent to Approval 7.5 Prosecution of Work After Approval VIII.DESIGN COMMITTEE I-20 $.1 Design Committee Members $.2 Action by Design Committee $.3 Estoppel Certificate $.4 Limitation on Liability $.5 Design Review Prior to Establishment of the Design Committee IX. HOMEOWNERS' ASSOCIATION 1-22 9.1 General Purposes and Powers 9.2 Property Maintenance Function 9.3 Road and Easement Maintenance Funct ion 9.4 Television Function 9.5 Insurance Function 9.6 Right to Make Rules and Regulations 9.7 Reserved Rights with Respect to Property Furnished by Los Amigos Ranch 9.8 No Sale or Abandonment of Property Furnished by Los Amigos Ranch 9.9 No Commercial Enterprise on Property Furnished by Los Amigos Ranch 9.10 Charges for Use of Facilities 9.11 Right to Dispose of Property 9.12 Governmental Successor 9.13 Owner's Enjoyment of Functions and Facilities 9.14 Implied Rights of Association 9.15 Indemnification 9.16 Regular Membership 9.17 Los Amigos Ranch Special Membership 9.18 Board of Directors 9.19 Voting of Members 9.20 Notices to Members 9.21 Certificate of Incorporation and By -Laws 9.22 Member's Obligation to Pay Assessments and Other Amounts 9.23 Assessments 9.24 Determination of Total Amount of Assessments 9.25 Approval of New Functions or Fcilities 9.26 Lien for Assessments and Other Amounts 9.27 Personal Liability of Member 9.28 Liability of Purchasers and Encumbrances 9.29 Estoppel Certificate MASTER DECLARATION OF PROTECTIVE COVENANTS FOR THE RESIDENTIAL AREAS OF THE LOS AMIGOS RANCH PUD GARFIELD COUNTY, COLORADO Master Declaration made this day of 198 , by LOS AMIGOS RANCH, a partnership. WITNESSETH: WHEREAS, Los Amigos Ranch Partnership is the fee simple owner of certain real property in Spring Valley, Garfield County, Colorado, which it desires to develop under the name and style of Los Amigos Ranch as a residen- tial community of single family and multiple or multi -family tracts with a central water system with pot- able water to -be provided from a private water company, central sewer system to service a portion of the property, roads and various permanent common areas for the benefit of said, community; and WHEREAS, Los Amigos Ranch Partnership desires to pro- vide for the preservation of the values and amenities in said community and for the operation and maintenance of water distribution lines within said community for the de- livery of water to tracts therein, sewer collection lines, roads, common area and open space; and, to this end, de- sires to provide for the submission and subjection of portions of the real property owned by it to the covenants, restrictions, liens and charges, hereinafter set forth each and all of which is and are for the benefit of the portions of the subject real property to which the same are applied as hereinafter provided, and each owner thereof; NOW, THEREFORE, Los Amigos Ranch Partnership for itself, its successors, grantors and assigns, states and declares: I. CERTAIN DEFINITIONS 1.1 Los Amigos Ranch Partnership. Los Amigos Ranch Partnership shall mean the general partnership named and styled as Los Amigos Ranch, consisting of Thomas E. Neal and James A.R. Johnson, owners of the subject land and any successor or assign of Los Amigos Ranch under an instrument specifically designating such successor or assign as a suc- cessor or assign under this Declaration. A successor or assign other than by merger or consolidation shall be , I-2 deemed a successor or assign under this Declaration only to the extent and only as to the particular rights or inter- ests specifically designated in a written instrument. Where the consent of Los Amigos Ranch Partnership is required under this Declaration, or any other document herein re- ferred to, nothing herein or therein contained shall prohibit the waiver of such consent either with respect to a specific matter or in gross, but shall always be required to be by affirmative action, and the silence or inaction of Los Amigos Ranch Partnership shall never be deemed such a waiver or asserted to estop or prevent Los Amigos Ranch Partnership from the exercise of its rights. 1.2 Association. Association shall mean Los Amigos Ranch Homeowners' Association, a nonprofit Colorado corpora- tion, formed and incorporated to be and constitute the Association to which reference is made in this Declaration and to further the common interests of some or all owners of any real property which may become subject to some or all of the provisions, covenants, conditions and restric- tions contained in this Declaration or in any Supplemental Declaration as hereinafter provided. 1.3 Dwelling Unit. Dwelling Unit shall mean a single room or series of interconnected rooms within a single family structure or multi -family structure, separate from, and not connected by private, direct, interior access with, any other room or rooms in said structure other than a common or public hall or lobby and served by a separate and private entrance or entrances. Dwelling Unit shall not include guest or servants' facilities or quarters appur- tenant to a Dwelling Unit as hereinafter provided for. I-3 II . GENERAL PURPOSES 2.1 General Purposes. Los Amigos Ranch expects to develop certain portions of real property in Garfield County, Colorado as residential areas. These residential areas may or may not be adjacent to each other and may or may not be developed in exactly the same manner or with exactly the same objectives, but it is expected that all will be developed with certain common objectives and that owners of property within these areas will have certain common interests. Some or all of said residential areas will be devel- oped with the objective of establishing the areas as scenic and pastoral mountain residential areas of the highest pos- sible quality, value, desirability and attractiveness where the natural beauty and view and the natural and unspoiled state of the property will be preserved as near as may be and where persons may reside and find seclusion and a pleasant environment. All of said residential areas will be developed with objectives designed to enhance the value of and to benefit all property within the Property. 2.2 Particular Purposes. This Declaration is executed to define and describe certain land or property classifica- tions which will be established in some or all of said residential areas; to define and describe certain provi- sions, covenants, conditions and restrictions which may be made applicable to some or all property within said resi- dential areas; to provide for a homeowners' association to perform certain obligations with respect to some or all property within said residential areas and to further the common interests of some or all owners of property within said residential areas; to establish the manner and extent to which property may be made subject to some or all of the provisions, covenants, conditions and restrictions set forth in this Declaration, or may be made subject to addi- tional or supplemental or different provisions, covenants, conditions and restrictions; and to establish the effect of such provisions, covenants, conditions and restrictions. I-4 III . SUBJECTION OF PROPERTY TO DECLARATION 3.1 Property Which May Be Covered. Any of that por- tion of the real property located in Garfield County, Colorado, which is then owned by Los Amigos Ranch Partner- ship, as described in the Amended Planned Unit Development executed by the Board of County Commissioners of Garfield County, Colorado on December 1, 1981, as Resolution #$1-35$ may, pursuant to the provisions of the remainder of this ARticle III, be made subject, at the option of Los Amigos Ranch Partnership, in whole or in part, to any or all of the provisions, covenants, conditions and restrictions con- tained in this Declaration and to additional or different, supplemental provisions, covenants, conditions and restric- tions as hereinafter provided for. Any property so submitted may hereinafter be cumulatively referred to as "the Property." 3.2 Supplemental Declaration. Any real property as aforesaid, may be made subject in whole or in part to any or all of the provisions, covenants, conditions and restric- tions or supplemental contained in this Declaration and to additional -or different provisions, covenants, condi- tions and restrictions by the recording in the office of 'the County Clerk and Recorder of Garfield County, Colorado, of an instrument (hereinafter called a Supplemental Declara- tion) executed by Los Amigos Ranch, specifically describing the property, and stating that, except as may be specific- ally stated in such Supplemental Declaration, the real property described in the Supplemental Declaration shall be subject to the provisions, covenants, restrictions and conditions contained in this Declaration, in any previously recorded Supplemental Declaration and to the additional or different or supplemental provisions, covenants, condi- tions and restrictions which may be contained in such Supplemental Declaration. 3.3 Effect of Supplemental Declaration. Upon the re- cording of a Supplemental Declaration in the office of the County Clerk and Recorder of Garfield County, Colorado, all of the real property described in the Supplemental Declaration shall be and shall be deemed subject to all of the provisions, covenants, conditions and restrictions contained in this Declaration and in any previously re- corded Supplemental Declaration, and to the additional or different or supplemental provisions, covenants, conditions and restrictions which may be stated in the Supplemental Declarat ion. 3.4 Additional Provisions in Supplemental Declaration. A Supplemental Declaration may define and de- scribe additional or different land classifications other than the land classifications set forth in this Declara- tion; may set forth additional or different provisions, covenants, conditions and restrictions applicable to prop- erty within such additional or different land I-5 classifications; may contain additional or different pro- visions, covenants, restrictions and conditions applicable only to the property described in the Supplemental Declara- tion; and may contain additional or different provisions, covenants; restrictions and conditions applicable both to the property described in the Supplemental Declaration and, except to the extent stated in a subsequent Supplemental Declaration, to any property described in a subsequent Supplemental -Declaration. No provisions, covenants, condi- tions and restrictions contained in a Supplemental Declaration may be made or shall be considered applicable to any property except property described in that Supple- mental Declaration or property described in a Supplemental Declaration recorded subsequent to that Supplemental Declar- ation. In the event of a conflict or inconsistency between a Supplemental Declaration and this Declaration or any pre- viously recorded Supplemental Declaration, the terms of the Supplemental Declaration shall prevail as to the particular property described in that Supplemental Declaration. 3.5 Duration and Amendment. The covenants and restric- tions of this Declaration shall run with and bind the Property submitted hereto by any Supplemental Declaration, and shall inure to the benefit of and be enforceable by the Los Amigos Ranch, the association, any Member, or the Owner of any land subject to that Supplemental Declaration, their respective legal representatives, heirs, personal representatives, successors and assigns until forty (40) years from the recording thereof in the records of Garfield County, Colorado, unless otherwise expressly limited herein, after which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by eighty (80%) percent of the then Members, with the consent of Los Amigos Ranch Partnership if it shall then be the Owner of one or more Lots, Rural Residential Lots, or Multiple Family Tracts, agreeing to change said covenants and restrictions in whole or in part, shall be recorded in the real property records of Garfield County, Colorado; provided, however, that no such agreement to change shall be effective unless made and recorded six (6) months in advance of the effec- tive date of such change, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken. Notwithstanding the foregoing, the easements, licenses, rights and privi- leges established and created with respect to the Common Areas, and the reservations of rights made by Los Amigos Ranch herein shall be perpetual, run with the land and shall survive any destruction, reconstruction and reloca- tion of the physical structures, unless said provisions is abrogated by the unanimous written consent of all the Members. Any amendment must be properly recorded to be effective. 3.6 Disposition of Assets Upon Dissolution of Asso- ciation. Upon dissolution of the Association as provided I-6 for in its Articles of Incorporation, its real and personal assets, including the Common Areas, shall be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable the same as those to . which they were required to be devoted by the Association. In the event such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non- profit corporation, associateion, trust or other organization to be devoted to purposes as nearly as practic- able the same as those to which they were required to be devoted by the Association. No such disposition of the Association Properties shall be effective to divest or dim- inish any right or title of any Member vested in him under the licenses, covenants and easements of this Declaration, any applicable Supplemental Declaration or under any subse- quently recorded covenants and deeds applicable to the Properties, unless made in accordance with the provisions of this Declaration or said covenants and deeds. 3.7 Severability. Invalidation of any of the coven- ants, limitations or provisions of this Declaration or any applicable Supplemental Declaration by judgment or court order shall in nowise affect any of the remaining provi- sions hereof, and the same shall continue in full force and effect. 3.$ Obligations of Los Amigos Ranch Partnership as Association Member. Notwithstanding anything to the con- trary contained in this Declaration, any applicable Supplemental Declaration, in the Articles of Incorporation or By -Laws of the Association, or any other instrument or document executed in connection herewith, the Los Amigos Ranch Partnership as the holder of a Special Membership of the Association shall not have any duties, liabilities or obligations to pay assessments or responsibilities of any type or kind whatsoever hereunder, unless and until Los Amigos Ranch Partnership , if ever, converts said Special Membership to Regular Memberships by virtue of platting and submission of portions of the Property hereto, at which time Los Amigos Ranch shall have only the duties and respon- sibilities of a Regular Member as to such single family Lots, Multiple Family Tracts so platted and submitted. 3.9 Sale of Los Amigos Ranch's Interest. In the event of a bulk sale or conveyance of all of the right, title and interest of Los Amigos Ranch Partnership in and to the unplatted portions of the Property, Los Amigos Ranch Part- nership shall be released from further obligation hereunder in respect to the property so conveyed, the purchasing party shall assume the position of Los Amigos Ranch herein and be bound by Los Amigos Ranch Partnership's obligations as to Property platted by it, but merely to limit its li- ability in the event that all or portions of the undeveloped and unplatted Property shall be sold to and developed by others in accordance with the Los Amigos Ranch Partnership's proposed plan of development. I-7 IV • LAND CLASSIFICATION AND DEFINITIONS 4.1 Single Family Lot. A Single Family Lot shall mean any parcel of property shown on a recorded plat or de- scribed in a recorded instrument which is not clearly identified on therecorded plat or in the recorded instru- ment as a Multiple Family Tract, Rural Residential Lot, or Common Area or as a parcel of property under some other land classification designation described in this Declara- tion or in any applicable Supplemental Declaration, provided, however, that the inclusion of any parcel of prop- erty within an open space, as herein defined, shall not affect the classification of such parcel of property as a Single Family Lot under this Section 4.1. Development of a Single Family Lot shall be restricted as hereinafter pro- vided. No resubdivision of a Single Family Lot shall be permitted. 4.2 Rural Residential Lot (RR Lot). An RR Lot shall mean any parcel of property shown on a recorded plat or described in a recorded instrument which is clearly identi- fied as an RR Lot on the recorded plat or in the recorded instrument, with the same provision applying to portions thereof with an open space as applies to a Lot. Because of their larger size, as compared to a Single Family Lot, any Supplemental Declaration relating to RRs Lot may pro- vide alternate restrictions to those contained herein. No resubdivision of an RR Lot shall be permitted. 4.3 Multiple or Multi -Family Tract. A Multiple Family Tract shall mean any parcel of property shown on a recorded plat or described in a recorded instrument which is clearly identified as a Multiple Family Tract on the recorded plat or in the recorded instrument, with the same provision ap- plying to portions thereof with a Greenbelt Area as applies to a Lot. It is the intent of Los Amigos Ranch that subject to approval by the appropriate governmental land use agen- cies, having jurisdiction thereover, on a case by case basis, some or all Multiple Family Tracts developed and improved with dwelling units may be resubdivided and sold or conveyed into separate condominium ownership interests pursuant to the Colorado Condominium Act or other governing law. Applications and solicitations for approvals shall be the sole responsibility and expense of the owner of the Multiple Family Tract desiring the resubdivision thereof, the intent being that Los Amigos Ranch shall not be respon- sible therefore, and it being the express statement of Los Amigos Ranch that it cannot guarantee approvals thereof by those agencies. 4.5 Property. Property shall mean any property which is now or may hereafter be subject to this Declaration or any Supplemental Declaration, including Single Family Lots, RR Lots, Multiple Family Tracts, Common and any other par- cels of property under any other land classification designation, and including any and all improvements on any of the foregoing. I-$ V. PROVISIONS APPLICABLE TO PARTICULAR LAND CLASSIFICATIONS 5.1 Single Family Lot Restrictions. Each Single Family Lot shall• be used exclusively for residential living purposes and such purposes as are customarily incident thereto. Unless otherwise specified on a recorded plat or in a Supplemental Declaration covering the Single Family Lot, no Single Family Lot shall be improved except with a residence structure designed to accommodate no more than a single family and its servants and occasional guests plus such other improvements and structures as are necessary or customarily incident to a single family residence; guest or servants' facilities or quarters shall be permitted on a Lot, but no servants or guest accommodation or servants or guest area of a structure shall be detached from the princi- pal dwelling unit on a Single Family Lot. and in no event shall such facilities or quarters for guests or servants exceed five hundred square feet (500') in size, inclusive of kitchen and bath functions, both of which functions shall be expressly permitted to be located within such servants or guest facilities or quarters. No structures or above -ground improvements shall be permitted on any Single • Family Lot which are detached or separated from the princi- pal residence structure unless located within a reasonably compact area adjacent to the principal resi- dence structure. The residence structure shall have, if applicable, a minimum foundation (building footprint) area of 1200 of square feet, exclusive of garages, porches and patios. No residence structure and no other structure or above -ground improvement shall rise more than the height designated on the PUD Zone District Map, the same to be measured in the manner set forth in the applicable Supple- mental Declaration; and all above -ground improvements, except landscaping and necessary crossings by access drive- ways, bridges or paths, shall be contained within the boundaries of the building envelope as defined on the ap- plicable Building Envelope Map. All Single Family Lots shall be required to connect to the central water system within the property at such time as improvements are con- structed thereon and all water service therefrom for Single Family Lots shall be provided from the central water system. No private wells will be permitted except on the Rural Residential Lots. Individual septic systems will be permitted for Single Family Lots provided the same comply with the law. 5.2 Rural Residential Lot (RR Lot)Restrictions. Los Amigos Ranch reserves the right within its sole discretion to impose, by Supplemental Declaration hereto, such protec- tive covenants upon RR Lots as it shall deem appropriate in the premises, but not abhorant to the orderly and high quality development of the Property. 5.3 Multiple Family Tract Restrictions. Each Multiple Family Tract shall be used exclusively for residential living purposes and such purposes as are customarily inci- dent thereto. Unless otherwise specified on a recorded plat I-9 or in a Supplemental Declaration covering the Multiple Family Tract: No Multiple Family Tract shall be improved with more than the number of principal structures contain- ing the number of Dwelling Units which may be specified for the Tract on the recorded plat or in a Supplemental Declara- tion covering the tract, plus such other improvements and structures as are necessary or customarily incident to any such principal structures; each Dwelling Unit within a structure shall be designed to accommodate no more than a single family and its servants and occasional guests; no structures or above -ground improvements shall be permitted on any Multiple Family Tract which are detached or sep- arated from a principal structure unless located within a reasonably compact area adjacent to a principal structure and unless designed as a single visual element, connected or related visually with that principal structure by fenc- ing or other architectural features; if applicable, each dwelling unit within a structure shll have a minimum floor area of the number of square feet, exclusive of garages, porches, patios and accessory structures, specified on the recorded plat or in a Supplemental Declaration covering the Tract; no principal structure or no other structure or above -ground improvement shall rise more than the height designated on'the PUD Zone District Map, to be measured in the manner set forth in the applicable Supplemental Declara- tion; and all above -ground improvements, except landscaping and necessary crossings by access driveways, bridges or paths, shall be contained within the boundaries of the building envelope as defined and shown on the applicable Building Envelope Map. All Multiple Family Tracts shall be required to connect to the central water system and central sewer system within the subdivision. No private well or sewage disposal systems will be permitted. 5.4 Common Area Restrictions. Common Areas shall be kept exclusively as a scenic and as a natural forested or natural open area except as herein stated and except as may be specifically provided on the recorded plat or in the Supplemental Declaration submitting and covering the Common Area. Portions of Common Area, not extensive in pro- portion to the total Common Area then subject to this Decla- ration or any Supplemental Declaration may be developed by Los Amigos Ranch or the Association for nonprofit recrea- tion and leisure -time activities for the benefit of owners of property subject to this Declaration or any Supplemental Declaration, their guests and invitees; and portions of Common Area may be developed as may be reasonably necessary for installation of below -surface utilities, as may be nec- essary or desirable to provide or improve access to or from or to enhance the use and enjoyment of any Property, or as may be necessary or desirable to protect, support or preserve any Property. Common Areas shall at all times be held by Los Amigos Ranch Partnership or by the Association, or, with the consent of Los Amigos Ranch Partnership or by the Association, or, with the consent of Los Amigos Ranch I-10 Partnership, by an appropriate governmental authority, in- cluding a park or recreation district, which is existing and willing to accept and maintain the same. For so long as any Common Area is owned or held by Los Amigos Ranch Part- nership or by the Association and until and unless conveyed to a governmental authority, any such Common Area shall be maintained by the Association and shall be held by Los Amigos Ranch Partnership or the Association for the exclu- sive use of owners of Property, their invitees and guests, although Los Amigos Ranch Partnership, or, upon conveyance thereof to the Association, the Association may at any time, and from time to time, limit or restrict use of all or portions of any Common Area to certain uses and/or to certain persons or classes of persons, may prescribe rules and regulations governing the use of Common Areas and may, if some owners wish to use and develop a portion of Common Area for recreation facilities and are willing to pay the cost of developing and maintaining the same permit such development on such terms and conditions as may be deemed advisable PROVISIONS APPLICABLE TO ALL PROPERTY 6.1 Subdivisions of Property. No Single Family Lot, RR Lot, or Multiple Family Tract, Common Area or parcel of property identified under any other land classification designation may be divided or subdivided or a fractional portion thereof sold or conveyed so as to be held in di- vided ownership, except that a Multiple Family Tract may be divided and sold or conveyed in condominium ownership inter- ests as recognized under the Condominium Ownership Act of Colorado, or a similar form of multiple ownership which shall be approved in writing by Los Amigos Ranch Partner- ship and the appropriate land use authorities of Garfield County, Colorado. However, under no circumstances shall improvements approved and constructed as guest or servants quarters or facilities be so divided and sold or leased, or offered for sale or lease separate from the dwelling unit to which it is appurtenant. Notwithstanding the foregoing, adjoining property owners may sell or purchase adjoining property to accomplish relocation of the boundary line be- tween such properties if such sale and purchase will not cause or result in a violation of any setback, or building envelope, building or other restriction herein contained. In such cases, the new boundary line thus established shall be deemed the new boundary line between the respective prop- erties but, not setback or building envelope lines, easements or land classifications established for such prop- erties with respect to the former boundary line or other- wise shall be changed or shifted by reason of the change of the boundary line. 6.2 Combining Parcels. Two or more adjoining Single Family Lots, RR Lots, Multiple Family Tracts or other par- cels of property of the same land classification which are under the same ownership may, at the option of the owner thereof, be combined and developed as one parcel. Setback lines along the boundary lines of the combined parcels or building envelopes will not cause unreasonable diminution of the view from other property. If any setback lines or building envelopes are so removed, the Design Committee shall establish alternate setback lines or building enve- lopes to be reflected in a supplemental plat of the combined parcels to be filed for record in the records of Garfield County, Colorado. Such plat shall be prepared at the expense of the owner of such combined parcels. Ease- ments created or established by Los Amigos Ranch along the common boundary line of the combined parcels may be changed without the consent of any person entitled to use thereof if the written consent of Los Amigos Ranch is obtained and if alternate easements are granted or created or satis- factory to Los Amigos Ranch, by the owner of the combined parcels. If setback lines or building envelopes are removed or easements changed along the common boundary line of com- bined parcels, the combined parcels shall thereafter be deemed one parcel, and may not thereafter be split and de- veloped as two parcels. The combination of two or more I-12 adjoining parcels shall not relieve the owner thereof from responsibility for applicable connection or tap fees for utility services for all of the parcels combined, it being an express provision that such fees shall be assessed for each of the parcels so combined. Los Amigos Ranch Partner- ship reserves the right, without compensation of any sort, to utilize any and all unused dwelling unit density created by the combination of parcels in any subsequent filing or property under its planned unit development. 6.3 No Business or Commercial ACtivity. No Property shall be used at any time for business or commercial activ- ity except that property identified in the Los Amigos Ranch PUD Zoning District Map as commercial, and provided, how- ever, that Los Amigos Ranch Partnership or its nominee may use any unsold Property for model homes, real estate sales offices, temporary construction facilities and related ac- tivities. Rental or leasing of a Dwelling Unit subject to the use restrictions contained in this Declaration shall not be considered a business or commercial activity. 6.4 Occupancy Limitations. No residence structure on any Single Family Lot or RR Lot and no Dwelling Unit in any structure'on a Multiple Family Tract or other parcel of property shall be used for living purposes by more persons that it was designed to accommodate comfortably. No portion of any Property shall be used as a residence for living purposes other than the permitted structure constructed on a Single Family Lot, RR Lot, or Multiple Family Tract or other parcel of property. 6.5 Maintenance of Property. All Property, including Common, and all improvements on any Property shall be kept and maintained by the owner thereof in clean, safe, attrac- tive and sightly condition and in good repair. Common Areas shall be so maintained by the Association notwithstanding the fact that the Common Area may not have been conveyed to the Association by Los Amigos Ranch Partnership. 6.6 No Noxious or Offensive Activity. No noxious or offensive activity shall be carried on upon any Property nor shall anything be done or placed on any Property which is or may become a nuisance or cause embarrassment, disturb- ance or annoyance to others. 6.7 No Hazardous Activities. No activities shall be conducted on any Property and no improvements constructed on any Property which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any Property; and no open fires shall be lighted or permitted on any Property except in a contained barbecue unit while attended and in use for cooking purposes or within a safe and well-designed interior fireplace or except such camp- fires or picnic fires in portions of Common Areas I-13 designated for such use by Los Amigos Ranch Partnership or by the Association or except such controlled and attended fires required for clearing or maintenance of land. 6.8 No Unsightliness. No unsightliness shall be per- mitted on any Property without limiting the generality of the foregoing: (a) All unsightly structures, facilities, equipment, objects and conditions shall be enclosed within an approval structure or appropriately screened from view; (b) unlicensed cars or trucks, licensed or unlicensed trail- ers, mobile homes, trucks other than pickups, heavy equip- ment, boats, tractors, campers not on a truck, snowcats, ski-doos, snow removal equipment and garden or maintenance equipment shall be kept at all times, except when in actual use, in an enclosed structure or screened from view; (c) refuse, garbage and trash shall be kept at all times in a covered, noiseless container and any such container shall be kept within an enclosed structure or appropriately screened from view; (d) services areas, storage piles, com- post piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view; (e) pipes for water, gas, sewer, drain- age or other purposes and wires, poles, antenna and other facilities for the transmission or reception of audio or visual signals or electricity, and utility meters or other utility facilities and gas, oil, water or other tanks, and individual sewage disposal systems or devices shall be kept and maintained within an enclosed structure below the sur- face of the ground or screened from view; and (f) no lumber, grass, shrub or tree clippings or plant waste, metals, bulk materials or scrap or refuse or trash shall be kept, stored or allowed to accumulate on any Property. Not- withstanding the foregoing, if at the time of the occupancy of any approved structure, connections to a nearby under- ground electricity line or telephone line are not available, then temporary poles or wires for electricity or telephone service, as the case may be, may be installed to a reasonbly necessary height provided that they shall be promptly removed at the expense of the owner after the availability of connections to nearby underground lines or cables. If, at the time of the occupancy of any approved structure, a connection to a nearby television cable is not available, and if a signal from a booster or translator is not being produced into the area, an owner may install a temporary television antenna to a reasonable height. If at any subsequent time a signal from a booster or translator is being produced but a connection to a nearby television cable is still not available, an owner may install a tele- vision antenna no larger or more conspicuous than is necessary and in any event shall remove promptly at his expense any larger television antenna previously installed. If at any time a connection to a nearby television cable is or becomes available, each owner shall remove promptly at his expense all television antennae previously installed. I-14 6.9 No Annoying Sounds or Odors. No sound shall be emitted on any Property which is unreasonably loud or annoy- ing; and no odor shall be emitted on any Property which is noxious or offensive to others. 6.10 No Temporary Structures. No tent or shack or other temporary building, improvement or structure shall be placed upon any Property; PROVIDED, HOWEVER, that the foregoing shall not prohibit temporary structures normally associated with construction activities as provided for in Section 6.17 hereof. 6.11 Restrictions on Fences. Fencing shall be limited to the enclosure of landscaped areas in the immediate vicin- ity of a residence. Screen fences with a maximum enclosed area not to exceed the building envelope or setback as shown on the Plat to be filed for record in conjunction with each Supplemental Declaration submitting specific Lots or Tract. 6.12 No Annoying Lights; Restriction on Exterior Light- ing. No light shall be emitted from any Property which is unreasonably bright or causes unreasonable glare. All ex- terior lights and light standards, and the orientation thereof shall be approved in writing by the Design Committee. No type of high intensity discharge lights shall be permitted. 6.13 Restriction on Animals. No animals, birds, in- sects or livestock shall be kept on any Property except domesticated dogs, cats or other household pets which do not unreasonably bother or constitute a nuisance to others, and which shall always be subject to the reasonable rules and regulations of the Association, and except horses on such portions of Common Area, roads and other public ways or easements as may be designated for such use from time to time by Los Amigos Ranch Partnership or the Association, if and at such time as any such facilities shall have been conveyed to it, and except for such numbers of horses or livestock and support facilities therefor such as corral and paddocks on a particular RR Lot or other parcel of prop- erty, all as may be specifically designated for such Property on the recorded plat or in the map attached to a Supplemental Declaration covering such RR Lot or other parcel of property. 6.14 Restriction on Signs. No signs or advertising devices of any nature shall be erected or maintained on any Property except as necessary to identify the ownership of the Property and its address; or to show the Property is for sale or for rent; or as may be necessary or desir- able to give direction, advise of rules and regulations, or caution or warn of danger; and such signs as may be other- wise required by law. Any signs which are permitted under the foregoing restrictions shall be erected or maintained on Property only with the prior written approval of the Design Committee which approval shall be given only if such signs shall be of attractive design in keeping with the scenic and rustic nature of the area and shall be as small in size as is reasonably possible and shall be placed or located as directed or approved by the Design Committee. 6.15 No Mining and Drilling. No Property shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydro- carbons, minerals, rocks, stones, gravel or earth. 6.16 Individual Septic Systems. Individual septic sys- tems are allowed only in areas not served by central sewage collection, and only after approval by the Design Committee and any governmental authority having jurisdiction there- over. 6.17 Construction Period Exception. During the course of actual construction of any permitted structures or im- provements, the provisions, covenants, conditions and re- strictions contained in this Declaration or in any Supple- mental Declaration shall be deemed waived to the extent necessary to permit such construction, provided that, during the course of such construction, nothing is done which will result in a violation of any of said provisions, covenants, conditions and restrictions upon completion of construction. 6.18 Variances by Design Committee. The Design Committee may authorize variances from compliance with any of the provisions, covenants, conditions and restrictions contained in this Declaration or any Supplemental Declara- tion when circumstances such as topography, natural obstructions or hardship may require. Such variances are granted, no violation of the provisions, covenants, condi- tions and restrictions contained in this Declaration or any Supplemental Declaration shall be deemed to have oc- curred with respect to the matter for which the variance was granted. The granting of such a variance shall not oper- ate to waive any of the provisions, covenants, conditions and restrictions contained in this Declaration or any Supplemental Declaration for any purpose except as to the particular property and particular provision covered by the variance. 6.19 Watering or Irrigation Restrictions; Restriction or Removal of Trees or Vegetation. Subject to reasonable rules and regulations of the Association, the provisions of Article VII hereof and any Supplemental Declaration, and restrictions which may be imposed, from time to time, by the supplier of water under the central water system within the Property, each Single Family Lot and Multiple Family Tract shall be permitted to irrigate not more than an aggregate area of three thousand (3,000) square feet for lawn and/or garden cultivation, which is consistent with good conservation practices; provided, that any such culti- vated area(s) shall be contiguous and adjacent to a residential dwelling structure situate on a Single Family Lot, RR Lot or Multiple Family Tract. Except as provided in this Section 6.19 and as approved pursuant to Article VII hereof, there shall be no removal of living trees or vegeta- tion except that which must be removed in connection with construction with prior approval under Article VII. All debris from approved construction and/or landscaping shall be removed or chipped. 6.20 Restriction on Tanks. No elevated tanks of any kind shall be erected, placed or permitted on any Lot unless the tank is for the common benefit of the Los Amigos Ranch Subdivision or any part thereof. Any tank used in connection with any Single Family Lot, RR Lot, Estate or Multiple Family Tract including those for the storage of gas, fuel oil, gasoline, oil or water shall be buried, or, if located above ground, the location of such tank and screening thereof shall be, prior to construction, submit- ted to the Design Committee for approval, which approval may be granted or withheld in the sole discretion of the Design Committee. . I-17 VII REQUIRED.APPROVAL OF ALL CHANGES TO PROPERTY 7.1 Change in the Existing State of Property. Change .in the Existing State of Property shall mean and include, without limitation, the construction of any building, struc- ture or other improvement, including, without limitation, fencing and utility facilities; the excavation, filling or similar disturbance of the surface of land including, without limitation, change of grade, stream bed, ground level or drainage pattern; the clearing, marring, defacing or damaging of trees, shrubs, lawns or plants; or any change or alteration, including without limitation, any use or change of color, texture or exterior appearance, of any previously approved Change in the Existing State of Prop- erty. 7.2 Approval of Change in Existing State Required. No Change in the Existing State of Property shall be made or permitted, except by Los Amigos Ranch Partnership, with- out the prior written approval of the Design Committee and without compliance with the provisions, covenants, condi- tions and restrictions set forth in this Article VII. The • following paragraphs of this Article VII shall not be ap- plicable to any Change in the Existing State of Property by Los Amigos Ranch Partnership, except as specifically pro- vided therein. 7.3 Design Committee Criteria for Approval. The Design Committee shall have complete discretion to approve or disapprove any Change in the Existing State of Property. The Design Committee shall exercise such discretion with the following objectives in mind among others: To carry out the general purposes expressed in this Declaration; to pre- vent violation of any specific provision of this Declaration or any Supplemental Declaration; to prevent any change which would be unsafe or hazardous to any persons or property; to prevent any obstruction or diminution of the view of others; to preserve visual continuity of the area and to prevent a marked or unnecessary transition between improved and unimproved areas and any sharp definition of boundaries of property ownership; to assure that any change will be of good and attractive design and in harmony with the rustic and natural setting of the area and will serve to preserve and enhance existing features of natural beauty; to assure that materials and workmanship for all improvements are of high quality comparable to other im- provements in the area; and to assure that any change will require as little maintenance as possible so as to assure a better appearing area under all conditions. Any Change in the Existing State of Property by Los Amigos Ranch shall be made with the same objectives in mind. In order to effect such desired objectives, Los Amigos Ranch has developed "DESIGN REQUIREMENTS AND GUIDELINES," dated , 19 copies of which are available from the Association. Said Design Requirements and Guidelines shall be considered the • I-1$ initial rules and regulations of the Design Committee which may be amended only by that Committee with the written con- sent of the Association's Board of Directors and Los Amigos Ranch Partnership. 7.4 Conditions Precedent to Approval. Prior to expen- ditures of any substantial time or funds in the planning of any proposed Change in the Existing State of Property the owner of Property shall advise the Design Committee in writing of the general nature of the proposed change; shall submit for approval as required in the Design Require- ments and Guidelines as then in effect. Said owner shall have previously read or become familiar with and shall furnish the Design Committee with all materials necessary under the Design Requirements and Guidelines for comment and review. After the nature and scope of a proposed Change in the Existing State of Propery is determined and prior to the commencement of work to accomplish such Change, the Design Committee shall be furnished in duplicate, by the owner *of the Property, with a complete and full description of the proposed Change in writing and with a plot plan covering the particular Lot, Multiple Family Tract, Common Area or other parcel of property, drawn to such scale as may be reasonably required by the Design Committee, showing all boundaries, showing existing and proposed contour lines and elevations atreasonably detailed intervals, showing . all existing and proposed improvements, showing the exist- ing and proposed drainage pattern, showing the existing and proposed utility and sanitation facilities and showing the existing or proposed substantial trees or shrubs. There shall also be furnished to the Design Committee by any owner of property any and all further information with re- spect to the Existing State of Property or the proposed Change in the Existing State of Property which the Design Committee may reasonably require to permit it to make an informed decision on whether or not to grant approval to the Change. If the drainage pattern of any Property will be affected by any Change, the Design Committee may require submission of a report on the effect by a qualified en- gineer or geologist. With respect to all buildings and other structures, the Design Committee shall require submis- sion, in duplicate, of floor plans, elevation drawings, and final working drawings, all drawn to such scale as may be reasonably required by the Design Committee; descriptions of exterior materials and colors and samples of the same; and final construction specifications. Where buildings or structures or.other improvements other than Dwelling Units which reasonably require plans and specifications are pro- posed to be constructed or built, the Design Committee shall require that the plans and specifications be prepared by a practicing licensed architect and that a fee of $200 be paid to the Association to cover costs and expenses of review. All plans and specifications for dwelling units shall be prepared by a licensed practicing architect and the same application fee provision as above stated shall • I-19 apply. Prior to giving of approval to a proposed Change in the Existing State of Property, at least one member of the Design Committee shall physically inspect the Property. No proposed Change in the Existing State of Property shall be deemed to have been approved by the Design Committee unless its approval is in writing executed by at least two members of the Design Committee provided that approval shall be deemed given if the Design Committee fails to approve or disapprove a proposed Change or to make additional require- ments or requires additional information within forty-five (45) days after a full and complete description of the pro- posed Change has been furnished in writing to the Design Committee with a written and specific request for approval. 7.5 Prosecution of Work After Approval. After ap- proval by the Design Committee of any proposed Change in the Existing State of Property, the proposed Change shall be accomplished as promptly and diligently as possible and in complete conformity with the description of the proposed Change and with any plans and specifications therefore given to the Design Committee. Failure to accomplish the Change within one year after the date of approval or fail- ure to complete the proposed Change strictly in accordance with the description thereof and plans and specifications therefore shall operate to automatically revoke the ap- proval of the proposed Change and, upon demand by the Design Committee, the Property shall be restored as nearly as possible to its state existing prior to any work in con- nection with the proposed Change. The Design Committee and its duly appointed agents may enter upon any Property at any reasonable time or times to inspect the progress or status of any Change in the Existing State of Property being made or which may have been made. The Design Committee shall have the right and authority to record a notice to show that any particular Change in the Existing State of Property has not been approved or that any ap- proval given has been automatically revoked. VIII,. DESIGN COMMITTEE $.1 Design Committee Members. Subject to the rights of Los Amigos Ranch Partnership to appoint members of the Design Committee, the Design Committee shall consist of five (5) members. At least one (1) member shall be a licensed architect who shall be designated specifically as the Architect Member and shall be selected and hired at the expense of the Association by its Board of Directors. One (1) member shall be selected at large by the vote of the members of the Association. The three (3) additional members shall be appointed by the Board of Directors of the Association from among the members of the Association. There may be designated by the Board of Directors of the Association one (1) alternate member of the Design Committee for each member appointed by the Board of Directors of the Association, each of whom shall be authorized to act in the place and stead of the member for whom he is an alter- nate upon the request of his regular member counterpart in the event of that member's absence or inability to act. . Such alternate member shall be qualified as was his regular member counterpart. Members and alternate members of the Design Committee shall serve three year terms to be stag- gered at the time of the appointment of the first Design Committee; PROVIDED, HOWEVER, such three year appointment notwithstanding; such membership shall be at the pleasure of the Board of Directors of the Association. The Associa- tion shall be obligated to pay reasonable compensation to members and alternate members for actual services rendered and to reimburse them for actual and reasonable expenses incurred. $.2 Action by Design Committee. The vote or written consent of any three members shall constitute action of the Design Committee. The Design Committee shall report in writing all approvals and disapprovals of any Changes in the Existing State of Property to Los Amigos Ranch Partnership or to the Association whichever then has the right to appoint and remove a majority of the members, and Los Amigos Ranch or the Association, as the case may be, shall keep a permanent record of all such reported action. $.3 Estoppel Certificate. Los Amigos Ranch Partnership or the Association, depending on whom shall have the right to appoint the Design Committee, shall, upon written request of any interested person, furnish a certificate with respect to approval or disapproval by the Design Committee of any Change in the Existing State of Property and any person, without actual notice to the contrary, shall be entitled to rely on said certificate by either Los Amigos Ranch Partnership or the Association with respect to all matters set forth therein. • I-21 8.4• Limitation on Liability. Neither the Design Committee nor -any member thereof, nor the Association nor any director, officer or member thereof, nor Los Amigos Ranch Partnership nor any joint venturer therein nor -any director, officer or stockholder of any joint venturer therein, nor any member, agent or employee of any of the foregoing shall be liable to any party for any action or for any failure to act under or pursuant to or with respect to any provision of this Declaration provided only that the person or entity sought to be charged with any li- ability shall have proceeded in good faith and without malice. $.5 Design Review Prior to Establishment of the Design Committee. The Los Amigos Ranch Partnership and/or their assigns shall function as the Design Committee until the Homeowners' Association is organized and the design commi- ttee established. I-22 IX. HOMEOWNERS' ASSOCIATION 9.1 General Purposes and Powers. Los Amigos Ranch Homeowners' Association has been formed and incorporated as a Colorado corporation not for profit to be and consti- tute the Association to which reference is made in this Declaration, to perform functions and hold and manage prop- erty as provided in this Declaration and to further the common interests of all owners of property or particular groups of owners of property which may be subject, in whole or in part, to any or all of the provisions, covenants, conditions and restrictions contained in this Declaration. The association shall be obligated to and shall assume and perform all functions and obligations imposed on it or con- templated for it under this Declaration and any similar functions or obligations imposed on it or contemplated for it under any Supplemental Declaration with respect to any Property now or hereafter subject to this Declaration. The Association shall have all powers necessary or desirable to effectuate these purposes. 9.2 Property Maintenance Function. The Association shall be obligated to and shall accept title to any real property or interest therein, including improvements there- on or to any personal property or equipment granted or furn- ished by Los Amigos Ranch Partnership to the Association and, with respect to any such property and to any other property acquired and held by the Association shall be obli- gated to and shall pay all taxes and assessments of whatever nature relating to any of said property; ade- quately and fully insure all of said property against casualty loss as hereinafter provided; provide for the best and highest quality care, operation, management, mainten- ance, repair and replacement of the same; remove snow from the same as necessary for their customary use and enjoy- ment; maintain plants, trees and shrubs provided or existing thereon; maintain lighting provided or existing thereon; and maintain roads, walks, drives and irrigation ditches and/or structures provided or existing thereon. 9.3 Road and Easement Maintenance Function. The Association may provide for the care, operation, manage- ment, maintenance, repair and replacement of all public and private roads, streets, lanes, avenues, courts and circles which shall be deemed appropriate by the Association in supplement to the service provided in relation thereto by the public road maintenance function of Garfield County, Colorado, or other governmental entity succeeding thereto; of all skiing equestrian or other easements established or provided for some or all owners of any property which may be made subject to this Declaration; and of any and all drainage easements and drainage pipes or facilities within the same which may be established or provided with respect to any property which may be made subject to this Declaration. Maintenance shall include the removal of snow 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I-23 to the extent necessary to assure full use of any public or private roads, streets, lanes, avenues, courts and circles. These obligations shall be obligations of the Association without- regard to whether or not the Associa- tion has any right, title or interest in any of the foregoing. 9.4 Television Function. The Association may obligate itself to pay a fair share of the costs and expenses of any system provided in the Los Amigos Ranch area in Garfield County, Colorado, by a suitable areawide, non- profit organization to assure suitable and adequate television reception in the area through a television booster, translator or cable system. 9.5 Insurance Function. The Association shall be obli- gated to and shall obtain and keep in full force and effect at all times at least the following insurance coverage: The Association shall obtain casualty insurance with re- spect to all insurable property of the Association, insur- ing the full replacement value thereof, including coverage for fire and extended coverage, vandalism and malicious mischief and war risk coverage if available and if deemed appropriate by the Association. The Association shall obtain broad form comprehensive liability coverage, cover- ing both public liability and automobile liability, with limits of not less than for each person and not less than for each occurrence and with prop- erty damage limits of not less than for each accident. All insurance may contain such deductible pro- visions as good business practice may dictate. All insurance shall name the Association, shall name Los Amigos Ranch as an additional insured and shall, to the extent reasonably possible, cover each owner of property now or hereafter subject to this Declaration without any such owner necessarily being specifically named. the Association shall provide Los Amigos Ranch, upon request, with certifi- cates evidencing such insurance and copies of the insurance policies. 9.6 Right to Make Rules and Regulations. The Associa- tion shall be authorized to and shall have the power to adopt and enforce rules and regulations to regulate use of any and all facilities and property of the Association to assure fullest enjoyment and use by the persons entitled to enjoy and use the same, which rules and regulations shall be consistent with this Declaration. The Association may provide for enforcement of any such rules and regula- tions through reasonable and uniformly applied fines and penalties including the exclusion of violators from property, facilities, privileges and activities of the Association or otherwise. Each owner of any property which may be subject to this Declaration and such owner's guest and invitees shall be obligated to comply with and abide by any such rules and regulations. , I-24 9.7 Reserved Rights with Respect to Property Furnished by Los Amigos Ranch Partnership. Any real prop- erty or interest in real property furnished by Los Amigos Ranch Partnership to the Association may be and shall be deemed conveyed, granted or furnished subject to then exist- ing easements for utilities, including gas, electricity, water, sewer, telephone, television and intercommunication, alarm or other systems; easements for drainage and drainage facilities; easements for public or private equestrian and. hiking trails and facilities; easements for ingress and egress and access for the benefit of any property, whether or not subject to this Declaration; and shall be deemed subject to and deemed accepted by the Associatin subject to an exception and reservation by Los Amigos Ranch, whether or not expressed at the time, of the right, power and authority to thereafter create and grant any such easements and to enter upon and further improve or develop any such property, at its own cost and expense, for the benefit of the Association or any of the owners of property which may be subject to this Declaration. 9.$ No Sale or Abandonment of Property Furnished by Los Amigos Ranch Partnership. No real property or interest . in real property conveyed, granted or furnished by Los Amigos Ranch to the Association may be, and any such real property or interest therein shall be deemed, conveyed, granted or furnished, whether or not expressed in the deed or instrument of conveyance or grant, on and subject to the condition that it shall notbe sold, conveyed, leased, transferred, abandoned or disposed of by the Association without the written consent of Los Amigos Ranch Partnership. No improvements on real property granted or furnished by Los Amigos Ranch Partnership to the Association may be destroyed, permitted to deteriorate or waste or disposed of by the Association without the written consent of Los Amigos Ranch Partnership unless a suitable and adequate replacement or substitute is constructed, purchased or acquired by the Association which replacement or substitute shall be deemed to be property furnished by Los Amigos Ranch Partnership. 9.9 No Commercial Enterprise on Property Furnished by Los Amigos Ranch Partnership. Except for isolated and occasional activities, normally classified as organized civic events, charitable benefits or fund raisers, and the rental of dwelling units for the occupancy and use in- tended, no real property or interest in real property or interest in real property, including improvements thereon, and no personal property or equipment granted or furnished by Los Amigos Ranch Partnership to the Association shall be used or operated by the Association or by any other person or entity for commercial use, profit or gain without the written consent of Los Amigos Ranch Partnership and no charges shall be imposed by the Association for use of prop- erty or facilities granted or furnished by Los Amigos Ranch I-25 Partnership to the Association without written consent of Los Amigos Ranch Partnership. 9.10 Charges for Use of Facilities. Subject to the provisions of this Declaration requiring the consent of Los Amigos Ranch Partnership with respect to property or facilities furnished by Los Amigos Ranch Partnership to the Association, the Association may establish reasonable and uniformly applied charges for use of property and facil- ities of the Association to assist the Association in off -setting the costs and expenses of the Association at- tributable thereto. 9.11 Right to Dispose of Property. Subject to the pro- visions of this Declaration requiring the consent of Los Amigos Ranch Partnership with respect to property furnished by Los Amigos Ranch Partnership to the Association, the Association shall have full power and authority to sell, lease, grant rights in, transfer, abandon or dispose of any property or facilities owned or held by the Association. 9.12 Governmental Successor. Any property or facility owned or held by the Association and any function or activity required to be performed by the Association under the terms of this Declaration may be turned over to a gov- ernmental authority which is willing to accept and assume the same upon such terms and conditions as the Association shall deem to be appropriate with the written consent of Los Amigos Ranch Partnership. 9.13 Owner's Enjoyment of Functions and Facilities. Each owner of any property which may be subject to this Declaration and such owner's guests and invitees shall be entitled to use and enjoyment of all property, property interests, and facilities owned or held by the Association of all functions and activities undertaken by the Associa- tion subject to such reasonable and uniformly applied rules and regulations which the Association may adopt to assure the fullest and best possible use and enjoyment of the same by all persons entitled thereto and subject to such reason- able and uniformly applied charges which the Association may, subject to the other provisions of this Declaration, impose to offset costs and expenses in connection therewith. 9.14. Implied Rights of Association. The Association shall have and may exercise any right or privilege given to it expressly in this Declaration or, except to the extent limited by the terms and provisions of this Declara- tion, given to it by law, and shall have and may exercise every other right or privilege or power and authority neces sary or desirable to fulfill its obligations under this Declaration, including, without limiting the generality of the foregoing, the right to engage necessary labor and ac- quire use of or purchase necessary property, equipment or facilities; employ personnel necessary to manage affairs of I-26 the Association; and obtain, and pay for, legal, accounting and other professional services as may be necessary or de- sirable. 9.15 Indemnification. The Association shall be obli- gated to and shall indemnify Los Amigos Ranch Partnership and hold it harmless from all liability, loss, cost, damage and expense, including attorneys' fees, arising with respect to any operations of the Association or any prop- erty of the Association including property granted or furnished to the Association by Los Amigos Ranch Partner- ship. 9.16 Regular Membership. There shall be one Regular Membership in the Association for each Single Family Lot, each RR Lot and each Multiple Family Tract prior to con- struction of improvements thereon, and each Dwelling Unit on a Multiple Family Tract after construction of improve- ments thereon, and for each parcel of property under any land classification designation specified in any Supplemental Declaration; and, each such Membership shall be appurtenant to the fee simple title to such Single Family or Multiple Family Tract, RR Lot Dwelling Unit or other parcel of property. The owner or owners of the Single Family Lot, RR Lot, Multiple Family Tract, Dwelling Unit or other parcel of property shall be deemed the owner or owners of the Regular Membership appurtenant to that prop- erty and title to and ownership of the Membership for that property shall automatically pass upon transfer of fee simple title to that property. Each owner or owners of a Single Family Lot, RR lot, Multiple Family Tract, Dwelling Unit or other parcel of property as aforesaid shall be at all times entitled to the benefits and subject to the burdens and obligations relating to the Regular Membership for such property. If fee simple title to a Single Family Lot, RR Lot, Multiple Family Tract, Dwelling Unit or other parcel of property, as aforesaid, is held by more than one person or entity, jointly or in common, the Regular Member- ship and benefit burdens appurtenant to that property and membership shall be shared by all such persons or entities in the same proportionate interest and by the same type of ownership in which fee simple title to that property is held; PROVIDED, HOWEVER, that for purposes of voting, where undivided interests are as held by more than one person, one person shall be designated to vote the entire interest entitled thereto. Such designation shall be in writing signed by the designor(s), and shall be effective until revoked by written signed instrument. Membership in the Association shall be limited to owners of Single Family Lots, RR Lots, Multiple Family Tracts, Dwelling Units or other parcels of property as aforesaid except as herein- after specifically provided with respect to the Special Membership of Los Amigos Ranch Partnership. The term Member as used herein shall mean a Special Member as well as a Regular Member. • I-27 9.17 Los Amigos Ranch Special Membership. Los Amigos Ranch Partnership shall, at all times, have and be deemed to hold, in addition to any Regularr Memberships it may hold by virtue of its ownership of unsold Lots and/or Multiple Family Tracts, a Special membership in the Associa- tion without regard to whether Los Amigos Ranch Partnership is the owner of a Single Family Lot, RR Lot, Multiple Family Tract, Dwelling Unit or other parcel of property. As the holder of this Special Membership, Los Amigos Ranch Partnership shall be entitled to notice of all meetings of Regula Members of the Association and shall be entitled to speak and be heard at any such meetings and shall have the vote of one regular membership on all matters submitted to a vote of Regular Members. As the holder of this Special Membership, Los Amigos Ranch Partnership shall also have the power and authority to designate sixty percent (60%) of the members of the Board of Directors of the Association until the second annual meeting of the Regular Members of the Association and for two years thereafter; the power and authority to designate forty percent (40%) of the members of the Board for the following three years; and the power and authority to designate at least one member of the Board of the Association for the following 10 years, such designa- tions to be made at least annually and immediately following election of members of the Board by Regular Members of the Association. As holder of the Special Member- ship, the approval of Los Amigos Ranch Partnership shall be required as a condition to merger, consolidation or dissolu- tion of the Association. Except as herein stated, Los Amigos Ranch Partnership, as the holder of this Special Membership shall have no other rights and be subject to no other obligations by reason of such Special Membership. 9.1$ Board of Directors. The affairs of the Associa- tion shall be managed by a Board of Directors as provided for in the Articles of Incorporation of the Association which may, however, delegate any portion of its authority, by resolution, to an Executive Committee, or to an Execu- tive Manager or Director for the Association who shall be paid reasonable compensation as shall be established by the Board of Directors. Members of the Board of Directors, other than those designated by Los Amigos Ranch Partner- ship, shall be elected annually by the Members as hereinafter provided. Members of the Board of Directors shall be entitled to such reasonable compensation for the performance of their duties as shall from time to time be determined by.vote of the Board to be appropriate. So long as Los Amigos Ranch Partnership shall have the right to appoint forty percent (40%) or more of the members of the Board of Directors of the Association, the said Board of Directors shall be vested with absolute control of the Association's budgets to be established from time to time. I-2$ 9.19 Voting of Members. Each Regular Member shall have one vote for each Single Family Lot, RR Lot, or Multiple Family Tract prior to construction of improvements thereon, and for each Dwelling Unit owned by that member on a Multiple Family Tract after construction of improvements thereon, and each parcel of property under any other land classification designation specified in a Supplemental Declaration, in the election of members of the Board of Directors of the Association, other than members to be des- ignated by Los Amigos Ranch Partnership, and in all other matters submitted to the vote of Regular Members. In all voting by Members, cumulative voting and voting by Proxy shall be allowed and permitted. 9.20 Notices to Members. Los Amigos Ranch Partnership, as the holder of a Special Membership, and each regular Member shall be entitled to not more than sixty (60) days and not less than thirty (30) days notice of all meetings in which a vote of Members is to be taken and of the amount of all assessments which the Member is obligated to pay. Notice shall be considered given when written notice is mailed or telegraphed to a Member. addressed to the Member under the name and address for the Member furnished by the Member to the .Association and, in any event shall be deemed given when the Member actually receives notice. If a Member fails to furnish a name or address to the Association to which notices may be mailed, the Association shall be en- titled to give notice by mail, telegraph or delivery of a written notice to the address of such Member's property, addressed "Care of Owner". 9.21 Certificate of Incorporation and By -Laws. The purposes and powers of the Association and the rights and obligations inherent in membership set forth in this Declaration may and shall be amplified by provisions of the Certificate of Incorporation and By-laws of the Associa- tion, including any reasonable provisions with respect to quorum required at meetings of Members and with respect to other corporate matters, but no such provisions may be, at any time, inconsistent with any provision of this Declara- tion. 9.22 Member's Obligation to Pay Assessments and Other Amounts. Los Amigos Ranch Partnership, with respect to all, property which may now or hereafter be subject to this Declaration, hereby covenants and each owner of any such property or any right, title or interest therein, whether or not it be so expressed at the time of acquisition of such right, title or interest, shall be deemed to covenant and agree with each other and with the Association to pay to the Association assessments as provided in this Declara- tion and such reasonable and uniformly (as provided in Section 9.23 hereof) applied charges for the use of Associa- tion facilities which may be established by the Association as provided in this Declaration and such reasonable and I-29 uniformly applied fines and penalties imposed for violation of rules and regulations adopted by the Association as pro- vided in this Declaration. 9.23 Assessments. Each Member of the Association shall be obligated to pay and shall pay to the Association at least annually, an amount which shall be levied on the basis of a Single Family Lot. Los Amigos Ranch Partnership reserves the right to establish the formula or basis for assessment against each parcel of property under any other land classification designation established by a Supple- mental Declaration provided the same shall be equitable, in its reasonable opinion, to each member of the Association. The total amount required to be raised by assessment shall be determined as provided in the section of this Declara- tion entitled Determination of Total Amount of Assessments. 9.24 Determination of Total Amount of Assessments. The total amount required to be raised by assessments for the Association shall be determined at least annually in accordance with the following procedure. The Board of Directors of the Association shall prepare a budget, cover- ing=tet least a one-year period, showing, in reasonable detail, the various functions and matters proposed to be covered by the budget, showing the estimated costs and ex- penses of such functions or matters, showing the estimated income and other funds which may be received by the Associa- tion, and showing the estimated total amount of assessments required to cover costs and expenses and to provide a reasonable reserve; shall call a meeting of the Members and give not more than sixty (60) days and not less than thirty (30) days notice of the time and place therof to all such Members; and shall furnish a copy of the budget to all such Members not more than sixty (60) days or less than thirty (30) days prior to such meetings. The total amount to be raised by assessments shall be that amount necessary to cover the costs and expenses of functions re- quired to be undertaken or performed by the Association under this Declaration and to fulfill any and all long-term or continuing commitments of the Association made in connec- tion with or contemplated under any previously approved budget plus such additional amount, if any, determined or approved by the majority of the Members either at or after such meeting. The Association shall, except as emergencies may require, make no commitment or expenditures in excess of the funds reasonably expected to be available to the Association; PROVIDED, HOWEVER, anything herein to the con- trary notwithstanding, there may by virtue of this provision alone be a special assessment in an amount suf- ficient to meet any sums payable by the Association to the supplier of water service for additional treatment facili- ties for the benefit of the Association. Said epecial assessment shall be due and owing by Association members within sixty (60) days of the date upon which the Associa- tion becomes liable to the water supplier. In no event I -3o shall said individual Dwelling Unit assessment hereunder in an amount greater than $ 9.25 Approval of New Functions or Facilities. Prior to acquisition of a new facility, except from Los Amigos Ranch Partnership, or undertaking a new function (a new facility or new function being hereby defined as a facility or func- tion not incidental to or reasonably required in connection with a then existing facility, or the performance of an existing function, and not a replacement of an existing facility); and prior to acquisition of any facility costing in excess of $5000 not included in an approved budget; and prior to making a commitment with respect to any of the foregoing, the Board of Directors of the Association shall estimate the initial cost and subsequent income, cost and expenses of the facility or function; shall furnish a copy of its estimate to all Members; shall call a meeting to discuss the same and give not more than sixty (60) days and not less than thirty (30) days written notice thereof to all Members; and shall, at or after such meeting, obtain the approval of sixty percent (60%) of the Members, and the written consent of Los Amigos Ranch. 9.26 Lien for Assessments and Other Amounts. The Asso- ciation, its successors in interest and/or assigns, shall have a lien against each parcel of property which may be subject to this Declaration to secure payment of any assess- ment, charge, fine, penalty or other amount due to the Association from the owner of that property which is not paid, plus interest from the date of demand for payment at the rate of two percent (2%) above prime at the Bank of Glenwood Springs per annum, plus all costs and expenses of collecting the unpaid amount,_including reasonable at- torneys' fees. The lien may be foreclosed in the manner for foreclosure of mortgages in the State of Colorado. The pri- ority of the same may be perfected by recording a lien statement in the office of the Clerk and Recorder of Garfield County, Colorado, against the property affected. 9.27 Personal Liability of Member. The amount of any assessment, charge, fine or penalty payable by a Member shall be a joint and several personal obligation to the Association of the persons or entities who constitute the Member at the time the amount was payable, their heirs, presonal representatives, successors and assigns and may be recovered together with reasonable attorneys' fees by a suit for a money judgement by the Association without foreclosing or waiving any lien securing the same. 9.2$ Liability of Purchasers and Encumbrances. A pur- chaser of any property subject to this Declaration shall be jointly and severally liable with the'seller of the prop- erty for all unpaid assessments, charges, fines or penalties with respect to the owner of the property, or the Membership appurtenant thereto which had accrued or were • I-31 payable at the time of the grant or conveyance of the prop- erty to such purchaser, without prejudice to such purchaser's right to recover any of said amounts paid by the purchaser from the seller. No holder of a lien or encum- brance on any property shall be personally liable for any such assessment, charge, fine or penalty and the lien for such assessments, charges, fines or penalties shall be junior to any lien or encumbrance on any property taken or acquired in good faith and for value without notice and perfected by recording prior to the time a notice of fail- ure to pay any such amount -is recorded in the office of the County Clerk and Recorder of Garfield County, Colorado, against the property affected. 9.29 Estoppel Certificate. Upon payment of a reason- able fee and upon written request of any person with an interest in any property subject to this Declaration or intending to acquire an interest in such property, the Association shall furnish a written statement setting forth the amount of any unpaid assessments, charges, fines or penalties, if any, with respect to the owner of the prop- erty or the Membership appurtenant thereto and the amount of the current yearly assessments with respect to the prop-. erty, which statement shall be conclusive upon the Association. IN WITNESS WHEREOF the foregoing Declaration was exe- cuted on the day and year above first written. By LOS AMIGOS RANCH PARTNERSHIP Thomas E. Neal, Managing Partner And James A.R. Johnson STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of , 19_, by Thomas E. Neal, Managing Partner of Los Amigos Ranch. WITNESS my hand and official seal. My commission expires: Notary Public SECTION II DESIGN REQUIRMENTS AND GUIDELINES FOR THE RESIDENTIAL AREAS OF THE LOS AMIGOS RANCH PUD GARFIELD COUNTY, COLORADO DESIGN REQUIREMENTS AND GUIDELINES FOR THE RESIDENTIAL AREAS OF THE LOS AMIGOS RANCH PUD GARFIELD COUNTY, COLORADO TABLE OF CONTENTS PAGE I. THE DESIGN COMMITTEE II -1 II. GOALS OF THE DESIGN COMMITTEE II -1 III. PRELIMINARY CONSIDERATIONS II -2 IV. DESIGN CONTROL GUIDELINES I1-3 A. Site Design 11-3 B. Building Design II -6 C. Miscellaneous Construction II -9 V. SUBMITTAL REQUIREMENTS II -10 A. Preliminary Review II -11 B. Final Review II -12 VI. CONSTRUCTION II -14 A. Preliminary II -14 B. During Construction II -15 C. Timely Completion II -15 D. Certificate of Compliance II -16 E. After Completion II -16 EXHIBITS EXHIBIT A - Certificate of Architectural Approval II -17 EXHIBIT B - Notice of Change in Existing State of Property II -19 EXHIBIT C - Notice of Additional Time to Complete II -20 LOS AMIGOS RANCH DESIGN REQUIREMENTS AND GUIDELINES I. THE DESIGN COMMITTEE The Design Committee derives its legal existence and authority by virtue of the "Declaration of Protective Covenants for Los Amigos Ranch." No improvements or changes may be made on any lot without first securing the written approval of the Committee. The Design Committee consists of five members: three residents appointed by the Board, the Homeowner's Associa- tion manager and a licensed architect hired by the Board. The Committee meets monthly, or as necessary, to re- view plans submitted. These meetings are normally scheduled for the second Tuesday of the month. Lot owners and their architects are encouraged to attend the review meeting, but it is not required that they do so. Lot owners and their Architects are encouraged to dis- cuss proposed.projects with the Design Committee prior to the actual design process. It should be pointed out, how- ever, that a positive or affirmative reaction during these preliminary discussions does not constitute architectural approval. Such approval can only be granted by the Committee as a whole during a scheduled review meeting after a submittal has been made. A Certificate of Archi- tectural Approval is then issued. II. GOALS OF THE DESIGN COMMITTEE Los Amigos Ranch has been designed and executed to provide the opportunity for living in harmony with a uniquely natural environment. Preservation of the natural amenities inherent in the pinion and juniper covered slopes, the rolling wheatlands, the sun and the views is a comprehensive goal for all development at Los Amigos Ranch. The best that can be hoped is to disturb the natural setting as little as possible. Every structure should con- tribute positively to the overall natural environment of Los Amigos Ranch. It is the intent of the Committee to encourage crea- tivity and sensitivity to the natural setting and to protect all the people who purchase homes or building sites from any construction which might tend to detract from the enjoyment of the natural surroundings. It is with full ap- preciation of the responsibility to all the owners that the Design Committee administers the design controls. Introducing a structure unobtrusively into the natural environment and disturbing the views and enjoyment of neigh- boring properties as little as possible are the primary goals of the design criteria that the Committee will apply. To meet these goals and to apply them to a given site with- in the constraints of function and budget can be a formidable task, requiring the cooperative efforts of every- one involved. The Committee looks forward to working with you in this spirit of cooperation, and to the realization of your project. 1 III. PRELIMINARY CONSIDERATIONS In order to expedite the approval by the Design ' Committee, and to insure getting the design process started on the correct path, some consideration should be given to these important items. 1. Read this pamphlet carefully and have your archi- tect do the same. 2. Read the Declarations of Protective Covenants applying to your lot. These documents are re- ferred to in the title insurance commitment 111 issued to you upon purchase, and the title company should provide you with a copy. You will also need the information on the recorded plat of the subdivision and the building site and build- ing envelope maps filed with the Covenants that apply to your subdivision. 3. You and your architect should discuss your ideas and objectives with a member of the Design Committee before doing any drawing. It is strong - !! recommended that your architect visit and investigate the site prior to initial design work. The corners of all lots have been monu- mented, as has the building site as selected by the Los Amigos designers. If you cannot find any of these monuments, seek the assistance of a licensed surveyor before beginning planning. 4 Before your architect begins his site design, he should have an accurate topographic survey t prepared by a licensed surveyor. This topographic map should show all lot corners, the building location stake and envelope, significant natural features, and major trees on the site, as well as the topographic contours. This map should be prepared at a minimum scale of 1"=20', with a contour interval of 2' maximum. Topographic extra- polations from aerial surveys are not sufficiently accurate for this purpose. ' 5 In some instances it may be advisable or neces- sary to obtain a geologic analysis of the site before design begins. II -3 IV. DESIGN CONTROL GUIDELINES The following are the major items the Design Committee will consider with regard to the criteria by which the Committee reviews your design. A. Site Design 1. General: The building sites of Los Amigos Ranch are generally sloping, ranging from moderate to quite steep. Structures must be designed to fit the site, rather than adjusting the site to make a given design work. 2. Building Location and Building Envelope: Each lot has been analyzed by the designers of Los Amigos, and the optimum building loca- tion has been chosen and shown on the Building Location and Building Envelope Plat filed as part of the Covenants for your sub- division. This point has also been staked on your lot, and by reference to the Building Envelope Plat, you and your architect can ascertain the intended location for the structure. This location was chosen taking into account the views and exposure of all the adjoining sites, as well as the best location within the lot. Your building must be sited to be within the building envelope outline shown on the filed plat. The Committee will consider alternate build- ing locations only for just cause. If you wish to place your building other than indi- cated, you must show that the proposed location is no more impacting to neighbors and the overall appearance of Los Amigos and that there is some overriding concern in the building design that cannot be satis- fied within the indicated envelope. Minor variances due to encroachment outside the envelope may be granted as a matter of course, as long as the structure is in gen- eral compliance, and the encroachment does not have a negative impact on surrounding areas. 3 Grading: All grading must be done in such a manner as to blend with the existing con- tours. Grading not related to building access or drainage will be discouraged. Excessive cutting and filling should not be necessary in adequate attention is paid to the site during the design process, and will II -4 not be accepted without justification. The use of retaining walls that relate to the design of the structure can be a good design solution where level changes are necessary on the site. 4 Driveways and Parking: Driveway grades should be kept to a mzimum of $% for satisfactory year-round use. Steeper grades are not pro- hibited, and may be necessary in some cases, but are generally discouraged. You are en- couraged to discuss your driveway access with the committee prior to design. A minimum of two covered garage parking spaces must be provided for for each single family lot and a minimum of one covered garage parking space must be provided for each two bedrooms. Covered garage parking spaces must be physically attached and incor- porated into the overall design of single family structures. Trees: Indicate on the Site Plan significant existing trees and all trees to be removed, including those removed for the septic tank and leachfield. Unwarranted tree removal will not be allowed. All trees to be removed must be flagged on the site and inspected by a member of the Committee prior to re- moval. 6. Fences: Generally fences are discouraged but will be considered on an individual basis. Indicate on the Site Plan all fences to.. be built and their height and type of construction. Any fences not shown on the Site Plan and not built as part of the original structure, must be submitted for approval separately at the time of construc- tion. Fences should be designed as an integral part of the structure design and enclose a minimum area. Fencing should be confined to the area around the house where irrigated landscaping is allowed. In no case will a fence which defines any property line be allowed. Irrigated landscape areas of non -indigenous lawn materials should be screened. Outdoor lawn and activity areas can be successfully screened by the construction of contoured earth berms and planted with shrubs and native vegetation, in lieu of fences which are typically used. II -5 Dogs must be confined in escape -proof en- closures, fenced yards or dog runs. Chain link fencing may be used for this purpose but is discouraged for other purposes. Fences should be constructed of wood and left to weather naturally or stained a sub- dued earth color to blend with the natural terrain and the house color. Fences painted in non-earthtone colors will not be allowed. Barbed wire or wire strand fences will not be allowed. Children's play areas and swimming pool may be enclosed with chain link fencing, but should be screened with landscaping or berms. All fences outside the building envelope shall be designed at a maximum height of 42 inches and constructed to prevent the capture of deer jumping them and as approved by the Colorado State Division of Wildlife. 7. Exterior Lighting: All exterior lighting must be shown on the drawings submitted for approval. Exterior lighting should be kept to the mini- mum amount necessary. The Committee will be primarily concerned with the impact of exterior lighting on neighboring properties. Lighting fixtures should be kept low to the ground, and the light pattern from fixtures should be designed to illuminate only the ground plane. Fixtures with bare light sources that can be seen from adjoining prop- erties will not be allowed. High mounted flood lighting will not be allowed. High- intensity discharge premises lighting such •as used on farms and ranches will not be allowed. E. Trash and Meter Screening: Trash containers must be located within the structure or en- closed screen fencing. Utility meters must be screened but readily accessible to utility company employees. 9 Landscaping: Irrigated landscape area is limited by the Declaration of Covenants. Manicured lawns are discouraged, but small lawns for outdoor activity areas are accept- able. ccept- able. Decks or patios can be used for outdoor living space and are encouraged in lieu of lawn: 1I-6 In general, the native vegetation should be allowed to remain as much as possible, and irrigated areas of new planting should be integrated with the native materials. Earth berms can be used to make the transi- tion from native to new planting, and to define outdoor spaces around the house. Land- scaping which utilizes boulders from the site and native grasses are encouraged. Sharply defined landscape areas and formal arrangements of major plant materials, except for fenced vegetable gardens, which should be screened from public view, will not be allowed. Landscaping must be carefully designed and implemented in order to maximize the benefit from the limited irrigation allowed. New trees and vegetation can be used to provide wind and sun breaks and to afford a measure of natural air conditioning and protection if properly located. Irrigated planting areas can be broken up into small areas which can be placed for greatest benefit. 10. Recreation Vehicle Storage: Campers, snow- mobiles, boats, motor homes, etc. must be stored in an area which is screened from view if stored outside the garage. The screening can be accomplished with landscape planting, fence or earth berms, or a combin- ation of these. Show areas for R.V. storage on Site Plan and indicate method of screen- ing. B. Building Design 1. General: Los Amigos Ranch is a unique en- vironment in the Colorado Rocky Mountains with individual characteristics of landform, views and vegetation, and the architecture built there should reflect this environment. The Design Committee encourages creativity and responsiveness to the natural environ- ment, and protection to all the owners of Los Amigos from ill-suited design. Building sites are generally sloping down to the South, and building forms which follow the slope and maintain a low profile are encouraged. Architectural solutions which have floor levels stepping down to follow the slope can be a good answer in this type of terrain. II -7 One of the major criteria for the design of Los Amigos and the selection of building sites was the solar potential of the land. Each site was chosen for best solar access, and it is feasible that every structure could be a passive solar design structure. While not mandatory, solar design and energy conservation design is encouraged. Considera- tion should be given to minimizing North -facing glazing, and to earth berming along the North side of structures, as well as other energy conserving techniques. Although discouraged, the Committee will review plans based on various prefabricated or precut package buildings which are on the market. The Committee will be concerned primarily with the quality and design char- acter of such buildings and whether they add to the overall aesthetic fabric of Los Amigos. Plans for such structures must be submitted by a licensed Architect with the same documentation as required for any other submittal. 2. Height Limits: the maximum building height may not exceed 30 feet as measured vertical- ly from any point of the existing grade to the highest point of the roof at that point of existing grade. 3 Floor Plans: The basic interest of the Committee in regard to the Floor Plan is its effect on the exterior expression of the builidng, and adherence to restrictions as to number of dwelling units allowed as outlined in the Covenants. Generally, the Committee will be concerned that a well de- signed plan usually results in an exterior appearance that relates well to the natural environment. The plan as well as the eleva- tions should relate to the topography of the land, rather than trying to fit a precon- ceived floor plan to a given site. To this extent projects that require extensive grad- ing and/or construction of retaining walls should be discouraged. 4 Exterior Elevations: Exterior materials should be few in number and sensitively used. Exterior cladding or veneers should be primarily natural wood materials, colored to relate to the surrounding area or rock or stone. Painted aluminum or solid vinyl siding will not be allowed. Stucco and masonry can be used sparingly to good effect. Exposed concrete or masonry foundations and basement walls must be clad with the same materials used elsewhere on the house. Con- crete retaining walls may be required to be clad if the Committee feels they are too harsh if left exposed. Window fenestration should be carefully con- sidered and appropriate to the climate and available views. Wood or dark anodized frames are permitted. No bar aluminum or clear ano- dized windows, storm or screen doors or windows will be allowed. Fake facades and imitation period style de- signs such as "Swiss chalet," "Colonial," "English half-timber," "Spanish Colonial," etc., which are not in keeping with the his- torical and regional context of Los Amigos Ranch, will not be allowed. "Gingerbread" ornamentation and decoration is discouraged. Design character and detailing should be compatible with the natural surroundings and harmonious with the neighborhood. 5 Roofs: Roofs must be wood shingle or shake, metal of approved color or gravel of approved color. Roofs must be flat or sloped having a minimum slope of 4 inches per foot. Earth covered roofs are acceptable provided they are planted with native grasses and wild- flowers and not heavily irrigated lawn grass. Roof design is considered important due to the sloping terrain of Los Amigos and the potential of view overlook of your building. Garages or accessory structures must be at- tached to the main structure and must have continuity of design and finish with thr main structure. Roofs should blend with the natural surroundings and be as unobtrusive as possible. 6. Color: Exterior finish and trim colors must be earth -tone hues relating to the natural environment. Bright colors tend to call at- tention, visually stand out too much, and must be used extremely sparingly if at all. Future repainting samples must be submitted for approval if not identical to the origi- nally approved colors. 7 Construction Detail and Method: The purpose of the requirement for submittal of a cross . II -9 section of the building is for the Committee to ascertain the proposed quality of con- struction. Buildings should be built of materials that allow adequate maintenance and upkeep and should be well insulated. Double glazing of windows is required, and roofs should be designed for heavy snow loads. 8. Building Codes and Other Regulations: Local Building Codes and other regulations such as energy codes, county regulations, etc., must be complied with. The Committee may advise and point out any obvious code vio- lations that may be apparent, but assumes no liability to do so. Approval of plans by the Committee does not constitute approv- al by the local building inspector or any other applicable authority. Before construc- tion begins, a building permit must be secured from the building inspector and any other required special permits obtained. The building inspector requires notification' for inspections. Each time the building in- spector is called, the Committee must also be notified. The Committee will make periodic inspections to insure compliance with approved plans. C. Miscellaneous Considerations 1. Drainage: Roof drains, perimeter drains, or surface drains cannot be connected to sanitary sewers. These drains should be con- nected to a subsurface gravel dry well where they can percolate into the ground or flow to a natural drainage course capable of the runoff. 2. Signs and Numbers: The Committee has juris- diction over all signs located on any property. No signs shall be allowed other than signs for "lease" or "sale" on the prop- erty. All unapproved signs on the property can be removed without notice. House number, display location and type must be approved by the Committee. Signs in windows are pro- hibited. There will be a general graphics style common to all signs at Los Amigos. It is the responsibility of the Design Committee to establish the sign style. Signs are limited to natural materials and cannot be back - illuminated. All free standing signs, II -10 excluding house numbers, cannot be over 36 inches in height and 4 square feet in area per side. No sign may be placed within 20 feet of a public right-of-way, unless due to unique circumstances approved by the Committee. 3 Road Damage: The owner is responsible for any damage to public or private roads by the construction of his project or by re- pairs or maintenance. Damage includes that caused by utility cuts in roads, washout or runoff damage caused by failure to install culverts or to properly engineer site runoff. Lugged vehicles are not permitted on roads. Utility stubs must be utilized where provided in order to avoid unnecessary cuts into the road. 4. Detached Buidings: Detached buildings shall not be permitted. All structures for uses accessory to single family dwellings shall be incorporated into the design of the main structure. 5. Antennas: where allowed, T.V. antennas shall be placed as inconspicuously as possible on the roof. Tall mast antennas for C.B., short wave radio, etc., will not be allowed, except by special review of the Committee, and if allowed, filters capable of eliminat- ing interference are required. Mail Boxes: Mail boxes shall be integral with house numbers and follow criteria set forth above for signs. 7. Garage Opening: Garages shall be designed such that garage entrances are not directly visible from the frontage road or street, in order to prevent the garage from becoming a major architectural feature of residential structures. V. SUBMITTAL REQUIREMENTS The following are the required documents to be submit- ted for architectural review. Failure to submit any of these items can result in substantial delay in review and approval. Two sets of documents must be submitted, along with the required fee of $200 for review. One set of approval drawings will be filed for reference by the Committee, and one set returned to you. The returned set should be avail- able at the building site during construction for use by Committee members. For remodeling or additions, two sets of documents must be submitted, along with a fee of $100 for review. The Committee will not consider submittals until all required documents and the required fee are received. Two phases of review are required: Preliminary and Final. The Committee will process both phases and provide inspections during constructin for the fee. A. Preliminary Review The Preliminary Review is mecessary to avoid having a large investment in plans and drawings that may not be acceptable, and to provide the Committee the opportunity to make basic comments before your plans are finished. This Preliminary Review should take place toward the end of the Schematic Design Phase of your architect's services You are encouraged to meet periodically with the Committee as your design progresses to discuss any questions. The Committee will informally review your plans at any regularly scheduled meet- ing, time permitting, and these informal meetings should serve to expedite the approval when you are ready to make your formal submittal. The Committee should be prepared to suggest examples of existing site plans and structure designs that comply with the guidelines. 1. Site Plans: Site plans must show existing and revised contours (see III -4 above), roof plan, walks, drives, parking and turnaround areas, fences, drainage, significant exist- ing trees and shrubs (those to be removed shown dashed and noted as trees to be removed), any auxiliary construction such as swimming pools, etc. The site plan must show the building envelope as recorded, as well as any easements of record. Show location of existing and proposed drainage, utilities, utility meters, trash enclosures, and pro- posed septic tank and leachfield, if applicable. 2. Floor Plan: The use of each area must be labeled (kitchen, bedroom, etc.). Show the elevation of each floor level. 3. Exterior Elevations: A minimum of four ele- vation views are required. Show existing and finish grades. Height of roof above the average existing grade must be shown. All exterior materials must be noted on draw- ings, including siding material, roof finish, type of windows, etc. 4. Rendering or Model: An accurate rendering may be required if, in the opinion of the Design Committee, the design under considera- tion is of such complexity that it is necessary for adequate review. A three dimen- sion model may be provided in lieu of the re- quired rendering, and is encouraged, as it is a more realistic representation and is a better design tool. B. Final Review The Final Review should take place during the Con- struction Document Phase of your Architect's services. Plans should be sufficiently complete to provide the Committee with final detail and material selection information. Upon approval, a Certificate of Architectural Approval will be issued, and the approved set of drawings will be filed for inspection refer- ence. Any changes from the approved documents must be submitted for review, and the change ap- proved in writing. 1. Site Plan: Must show existing and revised contours, walks, drives, parking and turn- around areas, fences, drainages, trees and shrubs (those to be removed shown dashed and noted as trees to be removed), any auxil- iary construction such as swimming pools, etc. The site plan must show building loca- tion stakes and building envelope as recorded and any easements of record. Show location of existing and proposed drainage, utilities, utility meters, trash enclosures and proposed septic tank and leachfield, if applicable. Also show any exterior lighting not attached to the structure, and location of dog run, if provided. The site plan should indicate the outline of the building as it meets the adjoining grade, not as a roof plan. Indi- cate finish paving and walk materials, and show construction of retaining walls and site construction details. 2. Floor Plan(s): The use of each area must be labeled (kitchen, bedroom, etc.). Show the elevation of each floor level and any adjoining decks or patios. II -13 3. Roof Plan(s): Show all roof penetrations, chimneys, skylights, etc. Indicate materials. 4 Exterior Elevations: A minimum of four ele- vations is required. Show existing and finished grades. Height of roof above the average existing grade must be shown. All exterior materials must be noted on drawings including siding material, roof finish, type of windows, etc. Show location of utility meters, exterior lighting, trash enclosures, attached dog run, etc. 5. Rendering or Model: If the design has changed significantly from Preliminary Review, and if the Design Committee elected to require a rendering or model, the render- ing or model presented at the Preliminary Review must be upgraded and revised to re- flect the final design and shall be tied so as to show its relationship to the exterior grade of the property. Minor design develop- ment changes will not require a revised presentation, and the rendering or model used for Preliminary Review will suffice for Final Review. 6 Color Samples: Color samples must be submit- ted for the exact color intended to be used, and on the actual material on which color is to be applied. Prefinished material color must be submitted via an actual manufactur- er's sample. Paper chips or catalogue photos are not acceptable. 7. Exterior Lighting: Submit catalog sheets showing type and size of fixture at each location and specify bulb wattage to be used. $. Landscape Plan: Submit landscape plan show- ing all areas to receive irrigated landscaping. Identify plantings to be in- stalled and ground surface materials. Indicate outline of native materials to remain undisturbed. 9. Cross Section: At least one building cross section must be submitted, and drawn at a scale sufficient to show construction details. 10. Structural Drawings: Submit structural draw- ings showing structural system, including sizes and design criteria used. Each drawing should have its scale clearly stated. Plan drawings must identify the north direction. The subdivision and lot number, owner's name, mailing address and phone number, and architect's registration stamp, address and phone number should be listed on the drawing. VI. CONSTRUCTION A. Preliminary Before any construction or excavation begins, and before any vegetation is disturbed, the following considerations must be satisfied, in additon to securing a Building Permit from the local authority: 1. Certificate of Architectural Approval: Upon satisfactory review and approval of your final plans the Design Committee will issue a signed and completed Certificate of Archi- tectural Approval (See Exhibit A). The bottom portion of this form will not be com- pleted (see #5 below). If the Certificate contains any exceptions or conditions, you must acknowledge these exceptions or condi- tions by your signature. The lower portions of the Certificate must be filled out accord- ing to #5 below, and a completely finished Certificate returned to the Design Committee. When your plans have been ap- proved and your Certificate issued, a notice to this effect will be recorded against the property (see Exhibit B). 2. Contractors: Garfield County regulations gov- erning the licensing of general contractors and subcontractors must be adhered to. In the case of a single-family structure, the owner acting as general contractor is dis- couraged. 3. Construction Deposit: After the Certificate of Architectural Approval has been issued and before the applicable Garfield County Building Permit has been posted at the site, the general contractor or the owner must post a $1,000 Construction Deposit with the Board. The Construction Deposit is for the express purpose of assuring against damage to public or common -owned land and adherence to site clean-up. The Committee or the Board, at its discretion, can cause the res- toration or repair of public or common -owned property and/or clean-up of theconstruction site and/or affect dust control measures and deduct the costs for said work from the Con- struction Deposit. Upon issuance of a Certificate of Compliance (see B -D below), 'the entire or unused portion of the Construc- tion Deposit will be returned to the party posting the deposit. In the event of damage or clean-up costs that exceed $1000 the Board or Homeowners Association shall pass on thecost deficiency to the contractor. 4. Staking and On -Site Inspection: After the Certificate of Architectural Approval has been issued, have the corners of your exca- vation staked and red -flag the trees and shrubs to be removed, including those re- quired for septic system and leachfield, if applicable. 5. Excavation Authorization: After your build- ing has been staked and trees flagged, notify the Design Committee for review. Upon an inspection of the site, the Committee will execute the authorization to begin exca- vation at the bottom of your Certificate of Architectural Approval. B. During Construction Construction sites must be kept as clean and or- derly as possible and materials stored in locations and in a way to minimize destruction of the vegetation around the site. Construction debris must be removed weekly or more often as may be necessary to prevent unsightly appearance and trash dispursion. Dust control measures must be taken as necessary to minimize dust. Members of the Design Committee will make periodic inspections to review compliance with approved plans and construction procedures. C. Timely Completion The Certificate of Architectural Approval is auto- matically revoked after one year if all the improvements have not been completed in accord- ance with the approved plans and specifications. In the event the Certificate is revoked, you can be required to remove all improvements and restore the property to its original condition. Therefore, if you encounter delays that will extend your completion time beyond one year, you must request an extension of time from the Committee. The request must be made in writing and accompanied by a recording fee of $2.00. If the request is granted, a Notice of Extension will be recorded with the County property records D. Certificate of Compliance When the improvements have been completed upon your property, you should obtain a Certificate of Compliance to be recorded with your property records. This is not mandatory, but if not done, there could be some implication in the County records that the improvements were not completed in accordance with approved plans. The Committee will inspect your house upon comple- tion and will have the Certificate executed and recorded upon request of the owner. The.fee for this inspection and recording is $25.00. E. After Completion With most homeowners will desire further improve- ments to their property through the addition of landscaping, fencing, repainting, or construction of additions, etc. All such improvements or changes must be submitted to the Committee for review and approval prior to execution. CERTIFICATE OF ARCHITECTURAL APPROVAL LOS . AMIGOS RANCH DESIGN •COMMITTEE Approval of plans -submitted by: DATE: EXHIBIT A Dated: Revision No. To be constructed on: Lot Subdivison is hereby given by the Design Committee, with the following exceptions or conditions: Authorized Signature This Certificate of Architectural Approval is revoked one year from date of issue if construction has not been completed in accordance with plans. If exceptions or conditions exist (above) please acknowledge by sign- ing one copy and return to: LOS AMIGOS RANCH DESIGN COMMITTEE, I hereby agree to the exceptions or conditions above: Owner's Signature CONSTRUCTION Individuals making submittals are also advised that review of plans by the Los Amigos Ranch Design Committee does not necessarily cover compliance with local building codes or other authority. Approval for conformance with buliding codes must be sought directly from the local building inspector. After your plans have been approved, the following steps must be taken no more than two weeks before any excavation work is done on your property: 1st - Have the corners of your building staked and red flags placed on all shrubs and trees to be removed. 2nd - Contract a member of the Design Committee for an on-site review of your staking and flagging. ******** On-site stakes and flagging reviewed on (Date) and approval given to begin clearing and excavation. LOS AMIGOS RANCH DESIGN COMMITTEE By (Committee Member Signature) II -19 EXHIBIT B NOTICE OF CHANGE IN EXISTING STATE OF PROPERTY LOS AMIGOS RANCH PROPERTY: Lot ,Filing Subdivision , Garfield County, Colorado The owner of the above referenced property has received approval for a "change in the existing state of the property: from the Los Amigos Ranch Design Committee as provided in the protective covenants appli- cable to the property. The date of such approval was , 19 (the "Date of Approval"). Notice is hereby given that, as provided in the aforesaid protective covenants: failure to accomplish the Change within one year after the date of approval or failure to complete the proposed Change strictly in accordance with the description thereof and plans and specifications therefore approved by the Design Committee shall operate to automatically revoke the approval of the proposed Change and, upon demand by the Design Committee, the Propety shall be re- stored as nearly as possible to its state existing prior to any work in connection with the proposed Change. All persons with an interest in the property are cautioned to review the remedies available under the protective covenants of record in the event of any violation of the covenants, conditions and restric- tions contained therein. If there is compliance with the covenants, conditions and restric- tions contained in the protective covenants with respect to the change in the existing state of property, a Certificate of Compliance may be obtained from Los Amigos Ranch Design Committee, as successor to the Declarant, or from the Homeowners Association. It is suggested that such a Certificate of Compliance be obtained and recorded after completion of the change in the existing state of property. Issued this day of , 19 . LOS AMIGOS RANCH DESIGN COMMITTEE By ' II -20 1 EXHIBIT C NOTICE OF ADDITIONAL TIME TO COMPLETE ILOS AMIGOS RANCH IPROPERTY: Lot Filing Subdivision 1 Garfield County, Colorado I Reference is hereby made to that "Notice of Change in Existing State of Property" issued by the Los Amigos Ranch design Committee on and recorded in Book at Page in the I records of the Clerk and Recorder, Garfield County, Colorado. The Los Amigos Ranch Design Committee has granted the Owner of the above referenced property a time extension to , 19 to I complete the change in the property in accordance with the approved plans. 'Issuedday1 this of 9 . LOS AMIGOS RANCH DESIGN COMMITTEE 1 1 1 1 1 1