DECLARATION of Conditions, Covenants, Restrictions and Easements for GRAND VIEW RANCH, a Colorado Common Interest Community
THIS DEC LARATION, made on this date hereinafter set forth, by GRAND VIEW RANCH, L.P., a Colorado limited partnership, ("Declarant"), whose principal place of business is 23065 Bay Oaks Avenue, Parker, Colorado 80138.
(a) Declarant is the owner of certain real estate in the County of Grand, State of Colorado, which is more particularly described as set forth in Exhibit "A" attached hereto and by reference made a part hereof (the "Property"); and
(b) Declarant desires to create a Common Interest Community on the Property, the name of which is "Grand View Ranch", in which portions of the Property will be designated for separate ownership and the remainder of which will be designed for common ownership solely by the Association, as defined below; and
(c) Declarant has caused to be incorporated under the laws of the State of Colorado, Grand View Ranch Property Owners Association, Inc., a Colorado nonprofit corporation for the purpose of exercising the functions as herein set forth herein (the "Association").
ARTICLE 1 SUBMISSION; PURPOSE
1.01 Submission of Real Estate. Declarant hereby declares that the Property shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with, the real estate and be binding on all parties having any right, title or interest in the real estate or any part thereof, their heirs, legal representatives, successors, and assigns and shall inure to the benefit of each Owner thereof.
1.02 Common Interest Ownership Act. Declarant hereby declares and asserts that the Property qualifies as a "small and limited expense" planned community under section 38-33.3116 of the Colorado Common Interest Ownership Act (Colorado Revised Statutes; Section 38Declaration -Page I
33.3-101, et seq.), as it may be amended from time to time (the "Act"). Notwithstanding the above, certain provisions of this Declaration refer and default to the Act and to the limited extent so expressly noted, the Act shall apply. In the event the Act is repealed, the Act, on the effective date of this Declaration shall remain applicable (to the extent so expressly noted herein).
1.03 Purpose. It is in the intent of this Declaration to protect and enhance the value, desirability and attractiveness of the Property, and to prevent the construction of improper or unsuitable improvements thereon. It is the further intent of this Declaration to keep restrictions to a minimum while keeping in focus the right of propeliy owners to enjoy their property in attractive sun-oundings free of nuisances, undue noise and danger. Further, it is intended that the natural environment within Grand View Ranch be disturbed as little as possible.
ARTICLE 2 DEFINED TERMS
2.01 Defined Terms. Each capitalized term not otherwise defined below or in this Declaration or in the plat or map of Grand View Ranch shall have the meanings specified or used in, the Act. Additional defined terms are as follows:
(a) "Association" shall mean the Grand View Ranch Propeliy Owners Association, a Colorado non-profit corporation.
(b) "Building" shall mean and include any building constructed on a Lot.
(c) "Executive Board" shall mean and include the body of individuals elected to govern the Association pursuant to the terms of the Association Bylaws.
Cd) "Lot" shall mean that parcel of the Property owned by an Owner.
(e) "Member" or "Owner" shall mean and include those persons entitled to membership in the Association as provided in this Declaration. "Member" and "Owner" may be used interchangeably herein, unless the context provides otherwise.
(f) "Plat" shall mean and refer to the plat of the Property which was properly recorded in Grand County, Colorado on _
(g) "Property" shall mean the real property described in Recital (a) above and Exhibit "A" set out below.
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ARTICLE 3 NAMES; DESCRIPTION OF REAL ESTATE
(a) The name of the planned community situated on the Property is "Grand View Ranch".
(b) The name of the Association is Grand View Ranch Property Owners Association, [nc., a Colorado nonprofit corporation.
3.02 Real Estate. The Property is located in Grand County, State of Colorado. The Property is described on Exhibit "A". attached hereto and incorporated herein.
ARTICLE 4 THE ASSOCIATION
4.01 Authoritv. The business affairs of Grand View Ranch shall be managed by the Association. The Association shall be governed by its Bylaws, as amended from time to time.
(a) The Association shall have all of the powers, authority and duties permitted pursuant to the Association's Bylaws and the Act necessary and proper to manage the business and affairs of Grand View Ranch.
(b) The Association may assign its future income, including its rights to receive Common Expense assessments, only by the affirmative vote of at least 51 percent of the Members present at a meeting called for that purpose.
4.03 Members. Every Owner of a Lot will automatically be a Member of the Association and will be required to remain a Member in good standing as long as such Member is the owner of a Lot.
4.04 Purpose. The purpose of the Association is to exercise its authority, pursuant to this Declaration and the Association's Bylaws:
(a) To enforce protective covenants.
(b) To assess and collect annual and special assessments and dues from the Owners.
(c) To provide upkeep and improvements to all private roads within Grand View Ranch (and to the extent warranted pursuant to any agreement with Grand County, Colorado, to provide winter maintenance to Grand County Road 20 from the boundary line ofGrand View Ranch to u.S. Highway 40).
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(d) To represent all Owners in matters of mutual interest.
(e) To administer and lease grazing rights.
4.05 Declarant Control. The Declarant shall have all the powers reserved in Section 38-33.3303(5) of the Act to appoint and remove officers and members of the Executive Board during the peliod of Declarant Contro!. The period of Declarant Control shall expire on the date which is sixty (60) days after conveyance of seventy-five percent (75%) of the Lots that may be conveyed to Lot Owners other than Declarant.
ARTICLE 5 LOT PARCELS
5.0t Number, Identification and Description of Lot Parcels. The maximum number of Lots in the project is seventeen (17) and the identification, number and description of each Lot is shown on the plat of Grand View Ranch.
5.02 Common Area. All property in Grand View Ranch which is not a part of any particular Lot and which has not been previously dedicated to a public authority shall be owned by the Association for the use and benefit of all Lot Owners (the "Common Area"). Currently the only portion of Grand View Ranch which is deemed Common Area are the private roads within such development.
5.03 No Subdivision. No Owner may subdivide or attempt to subdivide a Lot.
ARTICLE 6 COVENANT FOR COMMON EXPENSE ASSESSMENTS
6.01 Creation of Association Lien and Personal Obligation To Pav Common Expense Assessments. Declarant, for each Lot, shall be deemed to covenant and agree, and each Owner, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association an Annual Common Expense Assessment ("Annual Assessments"). The Annual Assessments, including fees, charges, late charges, attorney fees, fines and interest charged by the Association shall be the personal obligation of the Owner at the time when the Annual Assessment or the charges became or fell due. The personal obligation to pay any past due sums due the Association shall not pass to a successor in title unless expressly assumed by such successors.
6.02 Lien Priority.
(a) The Annual Assessments of the Association shall be a continuing lien upon the
Lot against which each such Annual Assessment is made. A lien under this Declaration -Page 4
Section 6.02 is prior to all other liens and encumbrances on a Lot except: (I) liens and encumbrances recorded before the recordation of the Declaration; (2) a first lien secUIity interest on the Lot recorded before the date on which the Annual Assessment sought to be enforced became delinquent; and (3) liens for real estate taxes and other governmental assessment or charges against the Lot.
(b) This Section 6.02 does not: (1) prohibit an action to recover sums for which this Section 6.02 creates a lien or (2) prohibit the Association ITom taking a deed in lieu of foreclosure.
(c) The sale or transfer of any Lot shall not affect the Association's lien except that sale or transfer of any Lot pursuant to foreclosure of any first lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the Association's lien as provided in the Act. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relive any Lot ITom continuing liability for any Annual Assessments thereafter becoming due, nor from the lien thereof.
6.03 Apportionment of Common Expenses. All Annual Assessments must be fixed at a uniform rate for all Lots. However, Declarant shall be exempt from the payment of Annual Assessments on all Lots which are owned by Delcarant (whether the subject of contracts to purchase with third parties or otherwise).
6.04 Purpose of Assessments. All Annual Assessments levied by the Association (whether through its Executive Board or otherwise) shall be used for the purposes of promoting the health, safety, and welfare of the residents in Grand View Ranch and (to the extent applicable):
(a) To pay all charges for electricity attributable to common lighting owned or operated by the Association;
(b) To provide for the maintenance, repair and replacement of the Common Area, including but not limited to, landscaping and snow removal on the Common Area;
(c) To pay premiums for all insurance which the Association may deem advisable or necessary to carry;
(d) To pay the Association's management expenses, legal and accounting fees;
(e) To pay taxes and special assessments levied against any property or property rights owned by the Association;
(f) To create a reasonable contingency reserve surplus and/or sinking fund; and
(g) To pay any other expenses and liabilities which may be incurred by the Association for the benefit of the Owners, under or by reason of this Declaration or the Association's Articles of Incorporation or Bylaws.
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6.05 Annual Assessment/Commencement of Assessments. The Annual Assessment shall be made on an annual basis against all Lots. Annual Assessments shall be collected annually, in advance, or in such other manner as determined by the Executive Board. Annual Assessments shall begin and be collected at the closing of a sale of any Lot and shall be pro rated to the end of the calendar year. Subsequent assessments shall be due and payable, annually, on January 2nd of each following calendar year,
6.06 Maximum Annual Assessment. Notwithstanding any of the above:
(a) Until January I, of the year immediately following the conveyance of the first Lot to a Lot Owner, the maximum annual assessment shall be Three Hundred NinetyFive Dollars ($395.00) per Lot (the "Maximum Annual Assessment").
(b) After the first year immediately following the conveyance of the first ,Lot, the Executive Board may only increase the Maximum Annual Assessment by an amount pennitted pursuant to C.R.S. 38-33.3-I 16(3).
(c) In order to increase the Annual Assessment to an amount greater than the Maximum Annual Assessment, as may be adjusted pursuant to subsection (b), above, the Executive Board must have the approval of sixty-seven percent (67%) of the Members who are voting in person or by proxy, at a meeting duly called for this purpose.
6.07 Special Assessments. In addition to the Annual Assessments defined above, the Executive Board may levy, in any assessment year, a special assessment against all Lots, applicable to that year only, for the purpose of defraying in whole or in part the cost of any construction, reconstruction, repair or replacement of capital improvements and related fixtures and personal property or comprising a part of the Common Area; provided in any fiscal year, special assessments which exceed five (5%) of the Annual Assessment may not be 'levied without a majority vote of Owners present at a meeting called for such purpose.
6.08 Effect of Non-Payment of Assessments. Any assessment, charge or fee provided for in this Declaration, or any quarterly or other installment thereof, which is not fully paid within thirty (30) days after the due date thereof shall bear interest at the rate of twenty-one percent (2 I%) per year, and there shall be a Twenty Dollar ($20.00) late charge for each installment of assessment payment that is delinquent. Further, the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue assessments, charges or fees, or quarterly or other installments thereof, and may also proceed to foreclose its lien against such Owner's Lot. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefore. Declaration -Page 6
ARTICLE 7 MAINTENANCE, REPAIR AND REPLACEMENT
The maintenance, repair and replacement of the Common Area shall be the responsibility of the Association. The Association shall have the right to use, and pennit others to use, easements through the Common Area as may be reasonably necessary for the purpose of discharging the Declarant's obligations under the Act and this Declaration
ARTICLE 8 PROMOTION
8.01 Sales Offices. The Declarant shall have the right to maintain sales offices and/or management office on any unsold Lot or any Common Area, but only until such time as all Lots have been sold and all development is complete.
8.02 Signage. The Declarant shall have the right to maintain signs on any unsold Lot or any Common Area to advertise the Lots for sale.
ARTICLE 9 ALLOCATED INTERESTS
The undivided interest in the Common Area and the votes in the Association shall be fixed at a unifonn rate for all Lots. Specifically, each Lot Owner will own an undivided 1/17ths interest in the Common Area and each Lot will have one (I) vote in the Association.
ARTICLE 10 RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY
10.01 Building Restt·ictions. Except as provided in this Declaration to the contrary, the following use restrictions shall apply to all Lots and to the Common Area:
(a) Building Use and Type. All Lots shall be restricted to single-family residential use either as vacation homes or year round dwellings (the "Primary Dwellings"). Auxiliary buildings or structures usual to a residence may be erected or placed on a Lot ("Auxiliary Structures"). Not more than one dwelling shall be erected or placed on any Lot except that one guest house and one caretakers house may be erected in addition to the Primary Dwelling and the Auxiliary Structures. Private stable, shed or animal shelter with no minimum dimensions shall be pennitted provided such are not used for any commercial purposes.
(b) Dwelling Size. No Primary Dwelling shall be ere~ted or placed on any Lot unless that dwelling has a ground floor area of not less than 1,000 square feet; the guest house and caretaker's house ground floor area shall be of not less than 600 square feet exclusive of garages, carports, open porches, patios, or court areas unless such structure is given plioI' written approval from the Association. In addition, no Lot perimeter fencing is to be erected until construction begins on the Primary Dwelling.
(c) Setbacks. No structure may be erected within one hundred (100) feet of the rightof-way line of any road within Grand View Ranch nor within one hundred (100) feet of any side or rear line of any Lot. If a Lot Owner owns continuous Lots and is building a single Primary Dwelling on such combined Lots, this restriction shall apply to the combined Lots as a whole. For the purpose of these covenants, eaves, steps and open porches shall be considered part of such Primary Dwelling.
(d) Time Of Construction. Once "construction" is started on a Lot (the "Construction Commencement Date"), the Primary Dwelling and all Auxiliary Structures must be completed within twelve (12) months of such Construction Commercement Date. For purposes of this subsection (d), the commencement of construction on a Lot shall occur upon any of the following: (i) staking of a lot; (ii) grading of any nature on a Lot, whether for a dwelling or driveway; or (iii) staging of construction matelials or equipment on a Lot.
(e) Earth Tone Construction. All improvements and structures constructed on a Lot (house, bam, garage, guest house, etc.) shall be constructed of earth tone materials (logs, natural stone, etc.) or finished in earth tone colors (i.e., brown, gray, green, etc.). Reflective materials are specifically prohibited. The Architectural Committee described in Article 11 shall approve any building plans prior to their implementation.
(f) Lighting. Outdoor lighting will be designed and used to comply with the spirit of "Dark Skies" although Dark Skies standards are not mandated. The Executive Board will arbitrate complaints and decide when lighting becomes a nuisance.
(g) Temporary Residences. No structure of temporary character, recreational vehicle, camper unit, trailer, basement, tent or accessory building shall be used on any Lot as temporary or permanent living quarters. Recreational vehicles, camper units, tents may be used for vacation camping for periods not to exceed thirty (30) continuous days.
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10.02 Use and Occupancy Restrictions. Except as provided in this Declaration to the contrary, the following use restrictions shall apply to all Lots and to the Common Area:
(a) Building and Grounds Conditions. Each Lot Owner shall prevent the creation of any unclean, unsightly or unkept conditions or building or grounds on or in the Lot which tends to substantially decrease the beauty of the neighborhood as a
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whole or in the specific area. No building material shall be stored on any Lot or the Common Area, except temporarily during continuous construction or repair of a building.
(b) Garage Doors. Garage doors shall be kept closed except when being used to pern1it ingress or egress to or from the garage.
(c) Maintenance Equipment. All maintenance equipment shall be stored in an enclosed structure or otherwise adequately screened so as not to be visible from any neighboring property or road.
(d) Clotheslines. All outdoor clothespoles, clotheslines or other facilities for drying or airing ofclothing or household goods are prohibited.
(e) Refuse. No ashes, trash, rubbish, garbage, grass or shrub clippings, scrap material or other refuse, or receptacles or containers therefore, shall be stored, accumulated or deposited outside or so as to be visible from any neighboring property or road, except during refuse collections. No part of any Lot above or below ground shall be used or maintained as a dumping ground for rubbish, trash, garbage, debris or other waste. All rubbish, garbage or other waste shall be consolidated away from homes in a central location and disposed of in a sanitary manner. All containers shall be bear-proof and kept in a clean, sanitary condition. Reasonable preventions shall be taken against fire hazards and no outdoor burning of any kind shall be pennitted upon the premises (except for cooking) unless in an approved incinerator with ash control.
(f) Nuisances. No noxious or offensive activity shall be carried on upon any Lot or the Common Area or anything done thereon tending to cause embarrassment, discomfort, armoyance or nuisance within Grand View Ranch. No offensive or hazardous activities may be carried on in any Lot or the Common Area. No annoying lights, sounds or odors shall be pennitted to emanate from any Lot or the Common Area.
(g) Sound Devices. No exterior speakers, horns, whistles, bells or other sound devices except security devices used exclusively for security purposes shall be located, used or placed on any Lot or the Common Area.
(h) Animals. Domesticated, non-exotic animals are pennitted within Grand View Ranch subject to the telms of this Declaration. All dogs shall be physically restrained. Pet food may not be exposed or stored outdoors. Feeding of wildlife, including hummingbirds, squirrels, etc. is prohibited. Commercial feedlots and swine are prohibited. No exotic animals (such as lions, tigers, snakes, etc.), shall be maintained in or on any Lot. No animal of any kind shall be pennitted which in the opinion of the Association makes an unreasonable amount of noise or odor or is a nuisance. No animals shall be kept, bred or maintained on a Lot or within Grand View Ranch for any commercial purposes.
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(i) Trailers, Campers, etc. No boat, trailer, camper (on or off supporting vehicles), tractor, commercial vehicle, mobile home, motorcycle, any towed trailer or truck, (excepting only pickup trucks solely for the private use of the residents of a Lot), shall be parked overnight on any road or within any Lot or building site except in a completely enclosed structure. Motor homes (or RV type recreational vehicles), if not completely enclosed, may be parked on a Lot if prior written consent is granted by the Executive Board (which consent may be withheld, conditioned or delayed in its discretion). If any such vehicle is not removed from the Lot or placed in a completely enclosed structure, within three (3) days after notice is delivered to the Lot Owner, then Declarant and/or the Association shall have the right, but not the obligation to enter the Lot in question, remove or cause to be towed the offending vehicle, and store such vehicle. Declarant and the Association shall not be liable for any losses, costs or damages to any Lot Owner or the owner of the vehicle on account of such removal of the offending vehicle, except for any such loss, cost or damage caused by Declarant's or the Association's gross negligence or willful misconduct. Declarant and the Association may delegate their entry and removal rights hereunder to agents and independent contractors. In the event Declarant or the Association elects to remove a vehicle pursuant to this section, Declarant or the Association will submit to the Owner and/or to the owner of the vehicle, a written statement of the costs incurred by Declarant or the Association in removing the vehicle. Such costs shall be paid to Declarant or the Association within twenty (20) days after delivery of such notice. If the costs of Declarant or the Association have not been paid after expiration of such twenty (20) day period, Declarant or the Association may there after record a lien against the Lot involved for all costs (including reasonable attorney's fees) incurred by Declarant or the Association in removing and storing the vehicle and in collecting such costs and foreclosing upon the lien, which lien shall be junior to all other liens or encumbrances of record with respect to the Lot on the date this lien is recorded. This lien may thereafter be foreclosed upon in the manner provided by Colorado law for foreclosing upon real estate mortgages. This lien shall provide that all sums expended by Declarant or the Association in foreclosing the lien and collecting the amounts due Declarant or the Association (including reasonable attorneys' fees) shall be additional indebtedness secured by the lien.
U) Junk Cars. No snipped down, partially wrecked or junk motor vehicle or part thereof, shall be pennitted to be parked on any road or on any Lot in such a manner as to be visible at ground level from any neighboring property or road.
(k) Vehicle Repairs. No maintenance, servicing, repair, dismantling or repainting of any type of vehicle, boat, machine or device may be carried on within a Lot except within a completely enclosed structure which screens the sight and sound of the activity from the street and from adjoining property.
(I) Signs. The only signs pennitted on any Lot or structure shall be: Declaration -Page 10
(i) one sign of customary size for offering of the signed property for sale. Such sign shall be placed on the ground directly outside of the main dwelling and shall not be mounted on such structure or displayed in a window of such structure;
(ii) one sign of customary size for identification of the occupant and address of any main dwelling;
(iii) multiple signs for information, sale, administration and directional purposes installed by, or with the permission of Declarant dUling development and sales of Lots and project identification signs installed by Declarant (or other signage otherwise pennitted by Article 8, above);
(iv) signs as may be necessary to advise of rules and regulations or to caution or warn of danger;
(v) such signs as may be required by law; and
(vi) signs approved by the Architectural Committee.
(m) Solar Collectors. Solar collectors or other devices are permitted so long as they are designed and installed to blend in with the overall architecture of other improvements on a Lot. Any roof or wallmounted collectors or solar devices must be built-in to the roof or wall, be flush with, and of the same pitch as, the adjacent portions of the building, and be architecturally compatible with the building upon which they are affixed. Plans for any such solar collectors or other devices must be submitted to the Architectural Committee for its review and approval prior to installation. If the Architectural committee disapproves, the party requesting approval may modify its plans to eliminate the Architectural Committee's objections and resubmit them for approval. If any such solar collectors or other devices are installed without the approval of the Architectural Committee, then Declarant and/or the Association shall have, with respect to such solar collectors or other devices, the right, but not the obligation, to enter the Lot in question and remove the solar collector or other device. Declarant and the Association shall not be liable for any losses, costs or damages to any Lot Owner on account of such removal of the fending device, except for any such loss, cost or damage caused by Declarant's or the Association's gross negligence or willful misconduct. Delcarant and the Association may delegate their entry and removal rights hereunder to agents and independent contractors. In the event Declarant or the Association elects to remove a device pursuant to this subsection (m), Declarant or the Association will submit to the Lot Owner from which the device was removed, a written statement of the costs incurred by Declarant or the Association in removing the device. Such costs shall be paid to Declarant or the Association within twenty (20) days after delivery of such notice. If the Lots of Declarant or the Association have not been paid within such twenty (20) day time
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period, Declarant or the Association may thereafter record a lien against the Lot involved for all costs (including reasonable attorneys' fees) incurred by Declarant or the Association in removing the device and in collecting such costs and foreclosing upon the lien, which lien shall be junior to all other liens or encumbrances of record with respect to the Lot on the date this lien is recorded. This lien may thereafter be foreclosed upon in the manner provided by Colorado law for foreclosing upon real estate mortgages. This lien shall provide that all sums expended by Declarant or the Association in foreclosing the lien and collecting the amounts due Declarant or the Association (including reasonable attorneys' fees) shall be additional indebtedness secured by the lien.
(n) Property Uses. All Lots shall be used exclusively for private residential purposes. No business, profession or other activity conducted for gain shall be carried on or within any Lot except as provided in Section 8.01. No commune, co-operative or similar type living arrangement shall be permitted on any Lot.
(0) Hunting. Hunting is strictly prohibited within Grand View Ranch as well as on any Lot. Target shooting using a legal fireann is pennitted provided such activity is conducted within a safe and prudent distance from any adjacent Lot or Structure and in accordance with applicable law. Target archery shall be exempted from the prohibitions set out above.
10.03 Restrictions on Alienation. A Lot may not be conveyed pursuant to a time-sharing arrangement described in Sections 38-33-110 to 113, Colorado Revised Statutes. A Lot may not be leased or rented except upon the prior written consent of the Executive Board.
ARTICLE 11 ARCHITECTURAL CONTROL COMMITTEE
(a) The Executive Board, at its discretion but many event upon the completion of the sale by Declarant of thirteen (13) Lots, shall appoint an Architectural Control Committee (the "Architectural Committee") which may be composed of three (3) or more Lot Owners. In the event no such committee is ever fonned, the Executive Board shall constitute the Architectural Committee and shall have all of the duties and responsibilities of said Architectural Committee as set forth herein.
(b) In the event of death, disability, or resignation of any member of the Committee, the Executive Board shall have full authority to designate a successor or successors.
11.02 Evidence of Action. The Architectural Committee's approval or disapproval as required in this Declaration shall be in writing, as indicated by the signatures of a majority of the committee members. The Architectural Committee shall not be required to maintain records of Declaration -Page 12
plans submitted. Approval by the Architectural Committee shall be conclusive evidence of compliance with these covenants provided that the improvements are constructed in substantial compliance with the plans as approved. In the event the Architectural Committee fails to approve or disapprove a proposal within forty-five (45) days after plans and specifications have been submitted to it and the submission is evidenced by a certified or registered main receipt, such plans and specifications will be deemed approved.
11.03 Duties. The Architectural Committee shall act upon and approve or disapprove any and all matters to be submitted to the Architectural Committee pursuant to any of the provisions of these covenants and shall have all the duties and powers as are hereinafter provided and set fOlih. Neither the members of the Architectural Committee nor its designated representative shall be entitled to any compensation for services perfonned, nor shall the Committee or any member thereof be liable, in any matter, for any action or failure of action done in good faith arising out of their service on the Committee.
11.04 Approval of Plans.
(a) All plans and specifications in cOlmection with the construction of any residence (whether a Primary Dwelling or otherwise), pool, fence, wall, driveway, or other structure, and in connection with any exterior maintenance and remodeling of any residence or other sbucture ("Sbucture Work") shall be submitted to the Architectural Committee or its designee for approval prior to commencement of same.
(b) The plans and specifications for any Structure Work must include the nature, kind, shape, height, materials and location, the exterior design, the exterior materials to be used, the color scheme, the site plan, the location of the driveway and plans for the proper drainage with respect to adjacent Lots (the "Plans").
(c) In approving the Plans, the Architectural Committee may take into consideration whether the Sbucture Work and the materials of which it is to be built are reasonably suitable for the Lot and Grand View Ranch, in general, the hannony thereof with the surroundings, and the effect of the Structure Work on the outlook from adjacent or neighboring property. The Architectural Committee shall, in the exercise of its judgment and detennination, use reason and good faith.
(d) The Architectural Committee shall also take into consideration the general theme of the Grand View Ranch community.
(e) The Architectural Committee shall not be responsible for any structural defects in the Plans or in any Sbucture Work erected according to the Plans.
11.05 Rese.·ved Right of the Declarant. Notwithstanding the above, during the period of Declarant Control, Declarant shall have the right to appoint the members of the Architectural Committee and to fill any vacancies therein created. The restrictions contained in the Article shall have no application to the development, improvement, maintenance or repair of the Declaration -Page 13
Property by Declarant or the Association, and neither the Executive Board nor the Architectural Committee shall have any power or authority to review or require modification to plans and specifications for construction or installation of improvements by the Declarant.
11.06 Binding Agreement to Pay Legal Costs. In the event that an Owner shall dispute the detennination of the Architectural Committee and files a lawsuit to ovelTule, vacate or otherwise mitigate the effect of any determination of the Architectural Committee, or if an Owner fails to submit for approval any Modifications as required by these covenants; then the Owner and the Association are hereby bound to the agreement that any and all costs, including reasonable attorney fees, associated with the institution and defense of such a suit, shall, to the extent peJl11itted by a court of competent jurisdiction, be paid to the prevailing party by the losing party.
11.07 Variance. The Architectural Committee may grant reasonable variances or adjustments from any conditions or restrictions imposed by this Declaration. Such variances or adjustments shall only be granted if it is not material, detrimental or injurious to the remaining Owners, and shall not defeat the general intent and purpose hereof.
ARTICLE 12 INSURANCE
12.01 Common Area. The Association shall be responsible for and shall procure fire (if applicable), all-risk coverage and/or commercial general liability insurance in connection with the Common Area in such amounts, coverage scope and under a policy or policies of insurance with such company or companies and for such premiums and periods all as the Association may determine to be appropriate. Such policy or policies shall provide that any loss thereunder shall be payable to the Association as insurance trustee under this Declaration.
12.02 Lot Dwelling Coverage. Each Owner shall be responsible for insurance of any dwelling, building, or personal property located in or on a Lot at full replacement cost. A detennination of full replacement cost shall be made annually by one or more written appraisals performed by a person knowledgeable of replacement costs, and the insurance coverage shall be modified accordingly. Owners may carry other insurance for their benefit and at their expense, provided that all such policies shall contain waivers of subrogation, and provided further that the liability of the carriers issuing insurance obtained by the Association shall not be affected or diminished by reason of any such additional insurance.
12.03 Rebuilding of Damaged Building. Except as provided in Section 12.04, in the event of damage to or destruction to a dwelling situated on a Lot by fire or any other casualty, the Owner, within a reasonable time, shall repair or rebuild the same in a workman-like manner with materials comparable to those used in the original structure and in conformity in all respects with the laws or ordinances regulating the construction of buildings in force at the time of such repair or reconstruction. Such dwelling, when rebuilt or repaired, shall be substantially similar to, and its architectural design and landscaping shall be in conformity with the design of the OIiginal dwelling and the surrounding buildings which are not so damaged or destroyed. The Owner
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shall not be relieved of this obligation to repair or rebuild by the fact that the proceeds received from the insurer are not sufficient to cover the cost thereof.
12.04 Waiver of Subrogation. The Association and each Owner hereby waive and release any and all claims which they may have against any Owner, the Association, its officers, members of the Board, its employees and agents, for damage to the Common Area or to any personal property located on the Property, covered by any casualty insurance. Mortgagee endorsements shall be made when the Owner's interest is subject to an encumbrance.
12.05 Insurance for the Association. The Association shall be empowered to obtain insurance coverage for loss, liability, and damage as deemed appropriate by a majority of Owners.
12.06 Limitation on Liability of Association. Notwithstanding the duty of the Association to maintain and repair the Common Area, the Association shall not be liable for injury or damage, other than the nOlmal costs of the maintenance and repair, caused by any latent condition of the Common Area or by the conduct of another Owner or persons or by casualties for which insurance pursuant to this Declaration is not required, or for which insurance is not provided by the Association.
ARTICLE 13 EASEMENTS, LICENSES, AND GENERAL PROVISIONS
13.01 Recording Data. All easements and licenses to which Grand View Ranch is presently subject are set on the plat map of Grand View Ranch filed and recorded in the Office of The Clerk and Recorder, Grand County, Colorado. In addition, Grand View Ranch may be subject to other easements or licenses granted by the Declarant pursuant to this Declaration.
13.02 Easements. A ten (10) foot utility easement is hereby set aside on each side of all side and common rear Lot lines and a twenty (20) foot utility easement is hereby set aside on the interior side of all exterior Lot lines exclusive of road frontages. All future electric and phone lines shall be extended underground, excepting that the Association or Executive Board may approve overhead lines where the terrain would make the placement of underground lines difficult. Easements for installation and maintenance of utilities, roadways and such other purposes incidental to development of a Lot as reserved and shown by notes on the recorded plat of Grand View Ranch will be kept open and readily accessible for use service and maintenance.
13.03 Underground Utility Lines. A Lot Owner shall ascertain the location of underground utility lines existing in relation to a Lot. If a contractor, acting on behalf of a Lot Owner, causes interruption of power to an occupied dwelling by severing the underground power line, a penalty of Two Hundred Dollars ($200.00) shall be paid to the Association by such Lot Owner. If the power interruption continues for more than four (4) hours, the penalty shall be increased by Fifty Dollars ($50.00) per hour for every hour or part of the interruption in excess of four (4) hours. Such penalty shall be applicable seven (7) days a week, twenty-four (24) hours a day.
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ARTICLE 14 GENERAL
14.02 Covenants are Cumulative. Each of the covenants set out in this Declaration is cumulative and independent and is to be constlUed without reference to any other provision dealing with the same subject matter or imposing similar or dissimilar restriction. A provision shall be fully enforceable although it may prohibit an act or omission sanctioned or pem1itted by another provision.
14.03 Waivers. Except as this Declaration may be amended or telwinated in the manner hereinafter set forth, they may not be waived, modified or tenninated and a failure to enforce shall not constitute a waiver or impair the effectiveness or enforceability of this Declaration. Every person bound by this Declaration is deemed to recognize and agree that it is not the intent of this Declaration to require constant, harsh or literal enforcement of the tenns set out herein as a requisite of their continuing vitality and that leniency or neglect in their enforcement shall not in any way invalidate this Declaration or any party of them, nor operate as an impediment to their subsequent enforcement and each such person agrees not to plead as a defense in any civil action to enforce this Declaration that this Declaration has been waived or impaired or ~therwise invalidated by a previous failure or neglect to enforce them.
14.04 Enforcement The covenants set out in this Declaration are for the benefit of the Lot Owners, jointly and severally, and the Association and may be enforced by action for damages, suit for injunction, mandatory and prohibitive, and other relief, and by any other appropriate legal remedy, instituted by one or more Lot Owners, or the Executive Board, or any combination thereof. Until ten (l0) years after this Declaration is filed of record, or when Declarant owns no property within the Grand View Ranch development, whichever is sooner, Declarant may also enforce this Declaration in the manner pennitted above. All costs, including reasonable attomey's fees, incurred by the Executive Board in connection with any successful enforcement proceeding initiated by them (alone or in combination with Owners) or, during the period it is pennitted to enforce this Declaration, incurred by Declarant, shall be paid by the party detennined to have violated this Declaration. Any party exercising its right to enforce this Declaration shall not be required to post any bond as a condition to the granting of any restraining order, temporary or pennanent injunction or other order. The rights and remedies for enforcement of this Declaration shall be cumulative, and the exercise of anyone or more of such rights and remedies shall not preclude the exercise of any of the others.
14.05 Duration of Restrictions. Unless sooner tenninated as provided in this Declaration, the restrictions and other provisions are set forth in this Declaration shall remain in force until the Year 2016 and shall be automatically renewed for successive periods of ten (10) years unless before the Year 2016 or before the end of any ten (10) year extension, there is filed for record with the Clerk and Recorder of Grand County, Colorado an instrument stating that extension is not desired, signed and acknowledged by a majority vote of the Owners.
14.06 Amendment and Extensions. From time to time anyone section of this Declaration may be amended or a new section may be added to this Declaration by an instrument signed and
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acknowledged by the holders of at least two-thirds (2/3) of the votes of the Owners and filed for record with the Clerk and Recorder of Grand County, Colorado.
14.07 Severability. If any provision of this Declaration shall be held invalid or become unenforceable, the other covenants set out herein shall not be affected or impaired but shall remain in full force and effect.
14.08 Notices. Any writing or notice, including but not limited to any communication from the Executive Board to a Lot Owner, shall be sufficiently served if delivered by mail or otherwise to the most recent address of which the Association has a record for such Owner.
14.09 VA/FHA Approvals. Declarant reserves the right to amend this Declaration as may be required in order to obtain VA or FHA approval of the Grand View Ranch development.
IN WITNESS WHEREOF, the Declarant has caused the Declaration to be executed this ___ day of , 2006.
GRAND VIEW RANCH, L.P., a Colorado limited partnership
By It's General Partner:
GRAND RIVER DEVELOPMENT, LLC, a Colorado limited liability company
Printed Name: Trenton V. Stafford Title: Manager
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This document was acknowledge before me this day of , 2006, by Trenton V. Stafford, President of Grand River Development, LLC, a Colorado limited liability company, sole General Partner of Grand View Ranch, L.P., a Colorado limited partnership.
Witness my hand and official seal. My commission expires: '
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