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HomeMy WebLinkAboutCovenants96417410/0112021 03:58:49 PM Page 1 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $93.00 Doc Fee: $0.00 eRecorded GRAND HOGBACKROAD GROUP DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS The undersigned, Tatnall L Hillman Revocable Trus; whose address is 504 W. Bleeker SL, Aspen, CO 81611, and Perry Park Land & Cattle Trust whose address is 555 E_ Durant, Ste_ 4A, Aspen, Colorado 91611, (the "Landowners"), being the owners of individual pm=ls of real property (each a "Lot") as described in Exhibit A, attached hereto and incorporated herein, declares the following to be the covenants, conditions, and restrictions (the "Declarations') governing that certain Maintenance Easement, as defined below. NOW, THEREFORE, the Landowners hereby adopt the following covenants: ARTICLE 1 GENERAL PURPOSE AND SCOPE 1.1. These Declarations are intended to control the regular maintenance of the Maintenance Easement within the Lots; and 1.2. To reVire that all of the owners, users, and possessors of any Lot with reasonable restrictions and regulations intended to improve and enhance the right of every owner of any Lot in the use and enjoyment of the access road ("Access Road) within the Lots and perform the maintenance obligations on the Landowners behalf as set forth in that certain Agreement to Exchange Real Properties and Establish Access Easement recorded on January 8, 2020 in the Garfield County real property records at Reception No. 930415 (the "Road Agreement'). ARTICLE 2 DEFINITIONS 2.1. Act The Colorado Common Interest Ownership Act as may be amended, under Colorado Revised Statues § 38-33.3-116(2)_ 2.2_ Articles The articles of incorporation for the Grand Hogback Road Group filed withthe Colorado Secretary of State, and any amendments that may be made to those Articles from time to time. 2.3. Board. The board of directors of the Group. 2.4. Bylaws The bylaws of the Group. 2.5. Corunion Expgcseq. As used in this Declaration, this term includes all charges levied by and for die benefit of the Group, pursuant to the Governing Documents, including but not limited to annual costs and expenses of the Group resulting from cost ofregular maintenance of the Maintenance Easement pursuant to the Road Agreement 2.6. Conmmn Exoense Cha s . These terms shall include but not be limited to the following items levied against a particular Owner. (i) the Owner's allocated interest in the Common Expenses; (i) late charges, attorneys' fees, fines and interest charged by the Group at the rate as determined by the Bylaws and rules and regulations enacted by the Group, (in) charges against a particular Owner and the Lot for the purpose of reimbursing the Group for expenditures and other costs of the Group in curing any violation of the Governing Documents by the Owner or related users; (iv) ebarges levied against an Owner pursuant to Section 5.5, below, 96417410/01/2021 03:58:49 PM Page 3 of 17 Jean Alberico, Garfield County, Colorado Ree Fee: $93.00 Doc Fee: $0.00 eRecorded dircctar immediately upon giving written notice to the Board. In that event, the term of any director appointed in the awncr's absence (wbether nppoiated by the Owner or the Board) shall terminate immediately upon the Owner giving wriven notice to the Hoard. 4.3. Voting. 4.3A. Each director sbatt have one vote, la the event Owacrs of more than one Lot appoint the same diroctor, such director sbatt have one vote for each Lot For which the dircelor was appointed. 4.3.2. The right to vote may not be severed or separated from the ownership of the parcel of property conferring the right to vote. 43.3. Assigrmrent ofthe right to vole to designee, lessee, or beneficiary, as provided herein is permitted. 4.4. Meetings. if at any rucating where proper notice of the meeting was given, a director casts a vote represeariug a certain ict, it will be conclusively presumed for all purposes that the director casting the vole was acting with the authority and coascat of all 0wocrs of the lAts. 4.5. Ilyt a- The Group shall have the obligation, subject to and in accordance with these Declarations, to perfoiin caelr of the following duties for the benefit of the Owoer of each La 4,5.1. To accept and exercise jurisdiction over the Maintenance Easement. 4.52. To eollect, on behalf of the Owners, from all other owners of Dwelling Units that are not sabjcct to this Group, the proporlionale share of regular mam[cnance costs for the Access Road and related improvements (which regular maiotenaacc shall include periodic grading and show rernoval as necessary ro maintaia year-round access to Dwelling Units) porsuant to the .Road AgrecracELL 4.5.3. To adopt and amend bylaws and rules and regulations. 4.5.4. To adopt and amend budgets for revenues, expenditures and reserves and collect Charges. 4.5.5. To hire and terminate management agents and other employees, agents, and independent contractors. 4.5.6. To institute, defend or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the Maintenance Easement 45.7. To make contracts and incur liabilities. 45.8. To regulate the use, maintenance, repair, replacement, and modification of Maintenance Easement. 4.5.9. To cause additional improvements to be made to the Maintenance Easement, including but not limited to installing utilities, fences,si �nnge, culverts, guard rails, lighting, and the like. 4.5.10. To impose charges for late payment of Charges, recover reasonable attorney fees and 96417410/0112021 03:58:49 PM Page 5 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $93.00 Doc Fee: $0.00 eReaorded 5.1.3. To exercise all rights and powers and to discharge all duties and obligations pursuant to the Governing Documents; 5.1.4. To discharge all expenses incurred by the Group in the alteration, improvement, construction, reconstruction, repair, maintenance or replacement of the Access Road; 5.1.5, To fund any operating deficit orreserves the Group deems necessary to meet its financial obligations. 5.2. Charae Limitsfion. Charges, an an annual average, Shall not to exceed $635.58, as may be adjusted in accordance with the consumcr price index puryuact to Secdou 38-33.3-116(2) of the Act. 5.3. Annual Charges. 5,3.1. Annual Charges made for Common Expenses shall be based upon the estimated cash requiremeats as the Hoard shall from time to time determine to be paid by all4wners, subject to Section 5.1 above Estimated Common Expeoset shalt include, but shall not be limited to, the eost of regular maintenance of the Access Road and related improvements (which regular maintenance shall include periodic grading and snow removal as necessary to maiutado y=-ocund access to Dwelling Units), expenses of management and insurance premiums for insurance coverage as deemed desirable or to ecssaty by Ilse Group, legal and accounting fees, managemew fees, expenses and liabilities incurred by the Group under or by reason of this DwJaration, payment of any defcult remaining from a previous Cbarge period, and the creation of a reasonable and adequatc contingency or other reserve or surplus fund for insurance deductibles and general, routine maintenance of the Maintenance Easement on a periodic basis, as needed_ 531. Annual Charges shall be payable annually in advance and shall be due on the 21st day of January. The omission or failure of the Group to fix the Annual Charges for any assessment period shall not be deemed a waiver, modification, or release of the Owners from their obligation to pay the same. The Group shall have the right, but not the obligation, to make prorated refunds of any Annual Charges in excess of the actual expenses incurred in any fiscal year. 5.4. Annortionment_9f -CA srs. Except as provided below and elsewhere in this Declaration, all Common Expense Charges shall be shared and assessed pro rata against each Lot 5.4.1_ Any Cornmon Expense for insurance may be assessed in proportion to risk. 5A.2. If a Common Expense is caused by the misconduct of an Owner, the Group may assess that expense exclusively against that Owner and that Lof in addition to sums charged to the Owner pursuant to Section 5.5 below. 5.43. Fees, charges, taxes, impositions, late charges, fines, collection costs and interest charged against an Owner are enforceable as Common Expense Charges. 5.5. D+vner's ilcg6rreatze'as_Mis ndgct In the event that the need for maintenance or repair of the Maintenance Easement or any portion thereof, is caused by or in any way results from the negligent or willful act or failureto act, or the misconduct of an Owner or an Owner's related user, then the expenses, costs, and fees incurred by the Group for such maintenance or repair shall be a personal obligation of such Owner, and such obligation shall be considered a Default Charge, collectible as a Common Expense Charge. 96417410/01/2021 03:58:49 PM Page 7 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $93.00 Doc Fee: $0.00 eRecorded shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, maienalmen, and otherpersons finishing labor or materials to his Lot. 6,2. hmderanifrealion. Ir, because of aoy net or omission of any Owner, nay mechanic's or other lien om• order for the payment of money shall be filed against any ather Owner's Lot or an Owner or the Group (whether or not such lien or order is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall at his own cost and expense cause the same to be cancelled and discharged of record or bonded by a surety compatsy reasonably acceptable to the Group, or to such other Owner or Owners, within twenty (20) days aflcr tht date of filing thereof, and further shall indemnify and save: all the outer Owners and the Group harmless from and against any and all costs, expenses, claims, I0zw or damages including, without limitation, reasonable attomeys' fees resulting therefiom. ARTICLE 7 DURATION OF COVENANTS AND AMENDMENTS 7.1. Tenn. The Covenants of this Declaration shall run with and bind the Lot in perpetuity. 7.2 Ameadrnent. This Deelaration may be amcaded at say time by Owners holding not less than two-thirds (2/3) of the votes possible to be cast tinder this Declaratoa in a meeting of the Owners called for that purpose, 7.3. Evidence of Amendment. Any amendment must be ex=ted by She president of the Group and zsearded, and approval ofsueh amendment may be shown by attaching a certificate ofth . secretary of the Group to the recorded instrumeat cetdiying the approval ofasuffrcitnt number of owners of time amendment. ARTICLE 8 GENERAL PROVISIONS 8.1. Severobility. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect 9.2. Conflicts Between Documents. Notwithstanding Sections 2.7 and 2.9 abovq in case of conflict between this Declaration and the Articles and Bylaws, this Declaration shall control- In case ofconflict between the Articles and the Bylaws, the Articles shall control. IN WITNESS WIiEREOF, the Landowners have executed this Declaration as follows: [Signature pages follow.]