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HomeMy WebLinkAboutCistern,4- Z- Fire Cistern Covenants D-R-A-P-T 2025 1007 . Fire Protection System. The common fire protection system which is the subject of these covenants shall consist of the following: (a) Tract E lies within the Colorado River Fire Protection District (CRFPD). The property is a portion of the remainder Parcel D in the Grand Hogback Exemption 5ubd1V151on. Per July 7, 2008 letter, Burning Mountain fire' Protection District (the authority prior to CRFPD) "accepted the installation and meet the requirements of the G,000- gallon underground storage strictly for fire protection purposes". (b)The CRFPD will provide service to the subject properties; (c) The GROUP will provide G,000 gallons of water in the cistern year- round; (d)The CRFPD will provide siphon to fill fire trucks for fire -fighting. 2. Fire Protection System Ownershi . The common fire protection system as above described is situated on future Lot 13. It lies within a Private Utility Easement recorded under Reception Number (R N) 77847G and 802740. The responsibilities of cistern upkeep will be in undivided equal interest by the owners of the parcels. 3. Easements. The owners of the above described Lots shall have the rights -of -way for filling of astern, required maintenance thereof and be required to provide quarterly inspections. In event of a fire, the CRFPD has the right to fill truck from astern, travel on the common roadway easement and onto' driveway of house in need as far as they deem necessary to fight fire. 4. fire Protection System. Installation Maintenance, Repair and Re,placoment. The maintenance shall include keeping cistern accessible year-round. Snow shall not be plowed in such a manner filler 15 not accessible. Private drive as well as driveways shall be plowed for emergency vehicles. Filling of tank, future maintenance and any unforeseen repairs need to be completed immediately for continued fire safety. The lot owner initiating such costs shall bear the cost of such issues, subject to the right of reimbursement as hereinafter provided. After such expenditures of fire protection components completed the owner of each lot shall equally share the cost of maintenance, repair, replacement of the fire protection system; provided and shall reimburse the lot owner who bore the initial cost of necessary corrections one -seventh (1 /7) of such costs as reflected in paid invoices or receipts for such costs. All common expenses related to the Fire Protection System to be shared as above -provided shall be paid by each owner within twenty (20) days after receiving notice thereof or after determination by arbitration as above -provided, whichever is applicable. If any owner fails to pay such owner's share of common expenses as herein provided, such unpaid amount shall accrue interest at the rate of percent (I %) per month, compounded monthly, commencing at the end of the twenty (20) day period when such payment was due. If the non-paying owner fails to pay any amount due hereunder within three (3) months from the date due, the other owner who has paid such expense may seek a judcgment for the amount due and may exercise such other legal or equitable remedies are as available, in which event the prevailing party shall be entitled to recover reasonable attorneys fees and costs incurred. 5. Enforcement...