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Covenants
DECLARATION OF PROTECTIVE COVENANTS,

 

AMENDED

DECLARATION OF PROTECTIVE COVENANTS,

 CONDITIONS AND RESTRICTIONS

FOR

ROUBIDEAU RESERVE SUBDIVISION

 

THIS AMENDED DECLARATION is made this 24th day of January 2006 by Roubideau, L.L.C., a Colorado Limited Liability Company, hereafter referred to as "Declarant" and ratified and consented to be Bert G. Hustad, owner of Lot(s) 12 and 13.  This Amended Declaration is intended to amend, modify and completely supercede the Declaration of Protective Covenants, Conditions and Restrictions for Roubideau Reserve Subdivision, which have been recorded in the Delta County Records on September 14, 2005 at reception number 595454, for purposes of technical corrections as well as modifications necessary to bring the original Declarations into compliance with recent statutory modifications;

 

RECITALS

 

WHEREAS, the Declarant intends to develop as a residential subdivision certain real property located in Roubideau Reserve Subdivision, City of Delta, State of Colorado. The Roubideau Reserve Subdivision, the plat of which is on file in the office of the Delta County Clerk and Recorder under Reception No. 595452, the boundary of which is more particularly described as follows:

 

 

Being part of the NE ¼ SE ¼ of Section 17,T. 15 S., R. 95 W., Sixth Principal Meridian, described as being at a point on the North line of said NE ¼ SE ¼ Section 17, whence the E ¼ of said Section 17 , monumented with a nail and 1 ½ inch washer in 1800 Rd. bears N 89¡47Õ37"E, 487.27 feet; Thence S 02¡19Õ36" E, 1262. 75 feet; Thence N 89¡54Õ55" E, 401.87 feet to the West right-of-way line of 1800 Rd; Thence S 00¡06Õ49" W along said right-of-way line, 59.96 feet; Thence S 89¡53Õ50" W, 1291.03 feet to the Southwest corner of said NE ¼ SE ¼ Section 17; Thence N 00¡11Õ45" E along the west line of said NE ¼ SE ¼ Section 17, 1321.03 feet to the Northwest corner of said NE ¼ SE ¼ Section 17; Thence N 89¡50Õ14" E along the North line of said NE ¼ SE ¼ Section 17, 833.50 feet to the Point of Beginning, said parcel contains 26.72 acres, more or less as described.

 

 

WHEREAS, in order to preserve and enhance the value and quality of the properties subject to this Declaration, the Declarant will form a Colorado non-profit corporation known as Roubideau Reserve Homeowners Association, Inc.

 

"The Association" will own and have responsibility for the maintenance and operation of the Common Elements (hereinafter defined), for the taking of such other actions and the performance of such other matters as are specified in this Declaration, and for the administration and enforcement of the Covenants, Conditions and Restrictions contained herein.

 

NOW, THEREFORE, The Declarant hereby makes the following declaration of covenants, conditions and restrictions for the purpose of establishing a general plan and of protecting and maintaining the value and desirability of Roubideau Reserve Subdivision as a high quality single family residential development.

 

ARTICLE I

DEFINITIONS

 

 I.1   "Allocated Interests" shall mean and refer to the common expense liability and the ownership interest and votes in the Association as set forth in Sections 4.7 and 4.3 of this Declaration.

 

I.2    "Architectural Control Committee" shall mean and refer to the Architectural Control Committee referred to in Section 4.6 of this Declaration.

 

I.3    "Articles" shall mean and refer to the Articles of Incorporation of Roubideau Reserve Homeowners Association, Inc.

 

I.4    "Association" shall mean and refer to Roubideau Reserve Homeowners Association, Inc., a Colorado non-profit corporation, formed for the purpose of being  the entity for the furtherance of the interests of the Owners of the Property in Roubideau Reserve and enforcing the restrictions set forth in this Declaration.

 

I.5    "Board" shall mean and refer to the Executive Board of the Association.

 

I.6    "Building" shall mean and refer to any Building, including all fixtures and improvements thereto, situate on the Properties.

 

I.7    "Bylaws" shall mean and refer to the Bylaws of the Association.

 

I.8    "Common Elements" shall mean and refer to all the Properties, including the open space, any Improvements thereon, if any, now or hereafter owned by the Association for the common use and enjoyment of the Owners, as designated on the Roubideau Reserve Subdivision Plat or as acquired by the Association from time to time.

 

I.9    "Declarant" shall mean and refer to Roubideau, L.L.C.

 

I.10   "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions.

 

I.11   "Development Rights" shall mean and refer to any right or combination of rights reserved by Declarant as set forth in Article VI of the Declaration.

 

I.12   "Improvements" shall mean and refer to any and all Buildings, parking areas, fences, screening fences, retaining walls, stairs, decks, hedges, windbreaks, plantings, trees, shrubs, signs, objects of art, mailboxes, in-ground pools, storm water detention/retention and irrigation water system, irrigation water facilities such as pumps, pipeline and sprinklers and other structures or landscaping of every type and kind situate on the Properties.

 

 I.13  "Lot" shall mean and refer to each numbered Lot of the Property in the Map (Exhibit A). Boundaries of a Lot shall be as shown and defined on the Plat Map of the Subdivision as recorded and amended.

 

I.14   "Member" shall mean and refer to a person or entity, which is a member of the Association.

 

I.15   "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot which is part of the Properties, including contract buyers, but excluding those having such interest merely as security for the performance of an obligation.

 

I.16   "Plat" shall mean and refer to that certain Plat of the Properties to be recorded in the Delta County Clerk and RecorderÕs official records.

 

I.17   "Properties" shall mean and refer to all the real estate situate within the area described in Exhibit A.

 

ARTICLE II

GENERAL DECLARATION

 

II.1   INTENT. By making the Declaration hereunder, Declarant specifically intends to enhance, perfect and preserve the value, desirability and attractiveness of the Properties and, to provide for the maintenance of the Common Elements, Improvements and Buildings thereon in a manner beneficial to all Owners.

 

II.2   ESTATE SUBJECT TO DECLARATION. By this Declaration, the Declarant expressly intends and does hereby subject the Properties to the provisions of the Declaration. All easements, restrictions, conditions, covenants, reservations, liens, charges, rights, benefits, and privileges which are granted, created or reserved or declared by this Declaration shall be deemed to be covenants appurtenant, running with the land and shall at all times inure to the benefit of and be binding upon any person having at any time any interest or estate in the Properties, and their respective heirs, successors, representatives or assigns. Reference to any deed or conveyance, lease mortgage, deed of trust, or evidence of obligation or any other instrument to then provisions of this Declaration shall be sufficient to create and reserve all the easements, restrictions, conditions, covenants, reservations, liens, charges, rights, benefits and privileges which are granted, created, reserved or declared herein as though fully and completely set forth in their entirety in any such document.

 

II.3   OWNERÕS RIGHT TO COMMON ELEMENTS. Every owner shall have a right of enjoyment in and to the Common Elements, which shall be appurtenant to and shall pass with the title to every Lot subject to the provisions of the Declaration and the Articles and Bylaws of the Association. Any owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Elements and facilities for the members of his family, his tenants, or contract purchasers who reside on the Properties.

 

II.4   RECORDING DATA. The recorded easements and licenses appurtenant to, or included in, the Roubideau Reserve Subdivision, or to which any portion of the Roubideau Reserve Subdivision may become subject by virtue of a reservation herein will be found on the Plat to be recorded in the Delta County Clerk and RecorderÕs Records. These easements include, but are not limited to, an easement for public use of the park as a portion of the Common Elements, a temporary construction ingress and egress easement, irrigation water access easements, landscape easements, utility easements and multipurpose easements.

 

ARTICLE III

RESTRICTIONS ON USE

 

III.1  Building Restrictions.

 

  1. Lots shall be used for residential purposes only. Only permanent single-family dwellings, private garages sized for not more than three (3) cars, and other accessory outbuildings directly incidental to the primary residential use shall be erected, altered, placed or permitted to remain on any Lot.

 

  1. Only new, site-built Buildings shall be permitted within the Properties and no Building for occupancy shall be moved onto the Properties. Further, no temporary Building or structure of any type whatsoever shall be used at any time for a residence, either temporary or permanent. No manufactured homes, mobile homes, trailer homes or other moveable structures shall be permitted as dwellings within the Properties.

 

  1. The ground floor area of the main structure on any Lot, exclusive of open porches, and garages, shall not be less than 1600 square feet, outside measurement; provided, however, the following exceptions shall be applicable:

 

    1. If said residence shall have a full basement, the ground floor area of the main structure, exclusive of open porches and garages, shall not be less than 1600 square feet, outside measurement.
    2. Two-story homes may be erected on certain lots, which lots are to be determined by the Declarant. If the residence shall have a second story, the ground floor area of the main structure, exclusive of open porches and garages, shall not be less than 1400 square feet, outside measurement, with a total living space on the first and second of 1800 square feet, outside measurement. The floor area of the second floor shall not be greater than 80% of the floor area of the ground floor, except that the Architectural Control Committee may waive this requirement at its sole discretion. The intent of this section is to promote buildings that are designed with more varied roof lines and architectural interest, and to discourage buildings that are designed as two-story, boxy structures. The Architectural Control Committee shall have the right to deny structures which meet the floor square footage requirements of this section, but do not in the opinion of the Committee meet the intent of this section.
    3. "Basement" as used herein shall mean a floor space, the floor of which is 7 feet or more below the grade of the surface at all exterior elevations of the Building. Floor space below the grade of the surface which is exposed 4 feet or more at one or more of the exterior elevations, such as walk-out basements, shall not be deemed basement structures.
    4. No structure shall have 3 stories, excluding basement as defined in Section III.3.c, although a cupola is permitted if not more than 5% of the square footage of the second floor.
    5. Each residence will include a double or triple car enclosed garage. When a garage is triple (three automobile entries), one entry shall be a minimum of 1Õ6" offset toward the rear of the garage from the plane of the other two entries.
    6. Roubideau Reserve Subdivision is located in the City of Delta. All Buildings shall meet or exceed setbacks, standards and requirements shown on the Plat.
    7. Once the construction of a Building has begun, construction of the Building must be completed within 12 months.
    8. No structure of a temporary character, trailer, teepee, basement, tent, shack, garage, barn or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently.
    9. The resubdivision of Lots into smaller units is prohibited. For example, two Lots may be used for one building site, so long as no easements as reflected on the Plat are affected by construction on the combined Lots. Similarly, three Lots may be divided into a total of two building sites, so long as no easements as reflected on the Plat are affected by construction on the combined Lots. Lot changes must be done in conformance with the procedures of the City of Delta.
    10. All exterior building materials used must be approved by the Architectural Control Committee.
    11. Only pre-textured composite asphalt shingles, tile roofing, or such other materials as approved by the Architectural Control Committee are permitted, except that membrane roofing such as asphaltic membranes, EPDM hypalon, or equal may be used on a low slope roof of less than 3/12 pitch where membrane is not visible from ground view.
    12. Exterior siding shall be wood, masonry or stucco. Fascia and/or soffit may be vinyl or aluminum. The use of 4X8 foot sheet siding is prohibited. Logs and log siding are prohibited.
    13. Exterior color scheme must blend with natural surroundings of the area. Samples of siding material and colored chips are to be included at the time of planned submittal for the Architectural Control Committee review. Any variance must be approved by the Architectural Control Committee. If wood siding is used, 60% of the wall surfaces of the front elevations of the structure including a 3-foot side-wrap shall be masonry or stucco or such other material as approved by the Architectural Control Committee.  The wall surfaces of the front elevation of the structure are those which lie along the same general axis as the street and which are not immediately adjacent to a side or rear of a Lot.
    14. All exterior flashings, vent stacks, pipes and sheet metal shall be colored to match the material to which they are attached or from which they project.
    15. An owner shall not change, modify, paint, decorate, alter or in any way make any change to any exterior wall, surface, roof, deck, patio, entry, landscaping, paving, trees, shrubbery or other Improvements without the approval of the Architectural Control Committee.
    16. Outbuildings shall be constructed of the same materials and exterior finishes as the primary structure and shall resemble the primary structure in architectural style. Location of outbuildings and accessory structures shall be to the rear of the primary structure and shall be subject to the setbacks for accessory structures. Accessory structures include, but are not limited to: hot tubs, in-ground pools, decks and patios shall be placed to the rear of the primary structure and shall not encroach on any easement. No outbuildings or accessory structures shall be constructed prior to written approval from the Architectural Control Committee as to location, size and use of materials. Above-ground pools are not permitted.
    17. Foundations for all structures built in Roubideau Reserve Subdivision shall be designed by a licensed Structural Engineer with the design based on site specific soils analysis.

 

III.2  Maintenance of Lots, Buildings, Improvements and Common Elements.

 

  1. The Owners shall keep, maintain and repair their Lots, Buildings and Improvements, including landscaping and vegetation in a neat, clean, cultivated, attractive and well maintained condition, free from the accumulation of trash or debris or visual deterioration. In the event the Owners fail to keep, maintain or repair their Lots, Buildings or Improvements in accordance herewith, The Association will conduct such maintenance, repairs or restoration and assess the cost thereof to the Owner(s) on whose Lot, Building or Improvements the maintenance or repairs were conducted as a reimbursement assessment pursuant to Section 5.4 hereof.

 

  1. The Owners shall not cause or permit any damage, deterioration or the accumulation of trash and debris upon the Common Elements.

 

  1. The Common Elements shall be owned in common by all the Owners of the Lots and shall remain undivided. By the acceptance of his or her deed or other instrument of conveyance or assignment, each Owner specifically waives his or her right to institute and/or maintain a partition action or any other action designed to cause a division of the Common Elements. Therefore each Owner agrees not to institute any partition action. Furthermore, each Owner agrees that this section may be pleaded as a bar to the maintenance of such an action. A violation of this provision shall entitle the complying Owner to personally collect, jointly and severally, from the parties violating the same, the actual attorneyÕs fees, costs and other damages the complying Owner incurs in connection therewith. Further, all Owners covenant that they shall neither by act nor by omission seek to abandon, subdivide, encumber, sell or transfer the Common Elements without first obtaining the written consent of 75% of the Owners of the individual Lots. Each such Owner shall have 1 vote for each Lot owned by it. Any such action without the written consent of such Owners shall be null and void.

 

  1. Each Owner shall be entitled to exclusive ownership of his or her Lot. Each Owner may use the General Common Elements in accordance with the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other Owners

 

  1. No Lot shall be used as a dumping ground for rubbish. No garbage, rubbish or trash shall be allowed to accumulate on any Lot or the Common Elements. All garbage, rubbish and trash shall be placed and kept in covered containers. All containers shall be kept in garages or enclosed backyards so as not to be visible from neighboring property, except to make the same available for collection during regular trash collection days and then only from a period of from 7:00 A.M. through 8:00 P.M. on such trash collection day. Declarant may store clean dirt, rocks and other natural materials on a developed site.

 

  1. No above ground tanks of any kind, including but not exclusively oil, gas and water tanks, shall be permitted.

 

  1. If the Owner of any Lot fails to maintain his/her Lot and Improvements, including the payment of any taxes assessed thereon, in a reasonably satisfactory manner as determined by the Association, or upon use by the Owner in a manner inconsistent with these covenants, the Association or Declarant may enter upon the site and repair, maintain, rehabilitate and restore the Lot and/or Improvements, or abate the improper use, or pay the taxes thereon, and any costs incurred shall be charged against the Owner of said Lot and collected in the  manner set forth in Article V hereof.

 

  1. Exterior lighting shall not be left on continuously during hours of darkness. Exterior lighting shall be shielded so as to shine light up or down in the vertical plane, but not allow light to shine out in the horizontal plane. Lighting for security may be accomplished by use of motion detectors or other sensors.

 

  1. Driveways shall be surfaced with a hard surface such as concrete, asphalt, masonry pavers or graded and compacted class VI roadbase as per standard Colorado highway specifications.

 

III.3  Home Occupations and Offensive Activities.

 

  1. No Lot may be used for commercial purposes of any type whatsoever excepting home occupations. For purposes of this section, "home occupations" shall mean an occupation by the tenant conducted entirely within the residential building which does not entail the employment of third persons on the premises, does not entail the delivery of goods and services to customers on the premises, and does not entail visits by customers to the premises. For example, but not by limitation, an insurance agent may use his residence as a personal office so long as his customers are not permitted to come to the residence; however, the establishment of a barber shop or beauty shop would be prohibited. No signs permitted.

 

  1. No obnoxious, offensive or other activity which would constitute a public or private nuisance or annoyance to the neighborhood shall be permitted, including, but not limited to, the repair of automobiles other than minor tune-ups performed by an Owner on his own vehicle.

 

  1. No firearms, illegal fireworks, explosives, air rifles, BB guns, crossbows or similar devices shall be discharged on the Properties.

 

III.4  Restrictions on Occupants and Pets.

 

  1. At no time shall any single family residence be occupied by more than one family.

 

  1. No animals shall be allowed other than domestic pets. Not more than 2 dogs and not more than 5 pets in cumulative total (including dogs) shall be kept on the premises and only then if they are kept solely as household pets for private use and not for commercial purposes. No such animal may be kept which is a nuisance or annoyance to other OwnersÕ property. Household pets shall be contained on their OwnerÕs property or on a leash and not permitted to run loose. At the request of any Owner, the Board of the Association shall determine whether a particular animal shall be considered a household or yard pet, a nuisance, or whether the number of any such animals on any Lot is in compliance. Habitually barking dogs and vicious breeds are prohibited, at the sole discretion of the Association. Household pets shall be kept only for private use and not for commercial purposes. No horses or livestock of any type shall be kept on any Lot. Household pets shall be under the control of their owners at all times. Pets are subject to the regulations of the City of Delta.

 

III.5  Parking.

 

  1. All residences shall be constructed so as so provide sufficient off street parking to accommodate not less than 3 automobiles.

 

  1. No Lot roadway or easement shall be used as a parking, storage or accommodation area for any type of junk vehicles or vehicles under repair. Only registered road-worthy cars and trucks limited to residential family use will be permitted within the Subdivision.

 

  1. No vehicles, boats, campers, trailers, snowmobiles, motorcycles or other recreational vehicles, devices or equipment, or vehicles used for business (other than passenger-type vehicles) shall be stored or permitted to remain on the premises unless garaged or placed in an Architectural Control Committee-approved outbuilding or screened storage area. Recreational vehicles, boats, and trailers shall not be parked on the streets adjacent to each Lot.

 

III.6  Landscaping.

 

  1. During the course of construction, all precautions shall be taken to provide for a minimum disturbance of the land. During the course of construction each Owner shall cause all trash and materials to be contained on site. Further, each Owner shall take steps to prevent dust from the site from impacting surrounding Owners.

 

  1. It shall be the duty and obligation of each Owner (excluding the Declarant) to landscape the front yard, defined as the entire front width up to the front of the house from the adjacent Subdivision street, of his or her Lot within one hundred twenty (120) days from residence occupancy and the backyard of his or her Lot within one (1) year from residence occupancy. The landscaping shall consist of any combination of attractive grasses and/or ground cover vegetation and shall include at least four (4) trees, and eight (8) shrubs. Trees, ornamental shrubbery, grass and other plantings should be complimentary to the residential character of the property. Lot Owners are encouraged to use indigenous species. To the extent rock is used, heavy duty weed barrier cover must first cover the ground surface and no more than twenty five percent (25%) of the total area which must be landscaped shall utilize this treatment. All vegetation shall be properly cultivated (including watering) and neatly trimmed. Each Owner is responsible for weed control. Should the Owner of any Lot fail to comply with landscaping guidelines as set forth herein, the Association may, at its sole discretion, cause such landscaping to be completed upon subject Lot and assess the Owner for all costs incurred. The time limits contained herein may be extended for good cause, a one time extension of time for an additional one hundred twenty (120) days may be granted to comply with this provision by the Architectural Control Committee in writing.

 

  1. Water conservancy practices are not only welcome, but encouraged in the design, style and installation of all landscaping and/or sprinkler systems in order to respect the needs of all Lot Owners regarding the usage of irrigation and/or domestic water. Declarant makes no promises or representations regarding the sufficiency of irrigation water to fully or properly irrigate any Lot or Lots within the Subdivision. Irrigation water supplied to Roubideau Reserve is shared with both upstream and downstream users outside the Subdivision. Water may not be consistent to each Lot and therefore, it is highly recommended that each Owner develop an underground storage capacity from which irrigation water may be pumped. An underground cistern or storage tank of 1000 gallons or greater, depending on individual Owner irrigation needs, would allow for sufficient and reliable water on demand.

 

  1. All ornamentation in yards, such as figurines, plastic flowers, colored lights, windmill, birdbaths or feeders shall either be screened from public view or approved by the Architectural Control Committee. This Section shall not apply to seasonal holiday decorations, which are promptly removed after the holiday.

 

  1. No Owner shall remove, alter, injure or interfere in any way whatsoever with any tree, shrub or other landscaping or Improvement placed upon the Common Elements of the Properties by the Declarant or the Association.

 

  1. No tree, shrub or planting of any type shall be permitted to overhang or otherwise encroach upon or above any easement created pursuant to this Declaration or the Replat such as to hinder, or interfere with the purposes for which such easement was created.

 

  1. There will be no building on, filling in or altering of any jurisdictional wetland as defined by the U.S. Army Corps of Engineers.

 

  1. The Association recognizes the possible need for flexibility or variance from these landscaping covenants. Alternatives, to be submitted in writing, will be considered by the Architectural Control Committee on an individual basis.

 

III.7  Signs. No sign of any kind shall be displayed to the public view on any Lot except a temporary sign of not more than 5 square feet advertising the Lot for sale or rent, or temporary signs used and erected by a builder to advertise the Property or his business during the period when construction and sales of any dwelling occur, or political signs as provided in Section 38-33.3-106.5(1)©, C.R.S. Signs on the Common Elements are governed by the Association.

 

III.8  Fences. No fence shall be erected on a Lot without the prior approval of the Architectural Control Committee. Fences erected across a normal path of drainage that is not a drainage easement shall be constructed in a manner which will not encumber the flow or maintenance of the drain way. All fences shall be of wood, masonry or other materials as approved by the Architectural Control Committee, except that wire mesh attached to open wood fencing located on the Lot may be used for the purpose of kennel space for household pets. Fence colors or finishes shall blend with the natural surroundings.

 

III.9  Miscellaneous.

 

  1. No Lot shall be used in any manner whatsoever to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, earth or earth substances or other mineral of any type.

 

  1. All facilities for permanent utilities service shall be kept or maintained underground, or in the original condition at such time the Lot and Improvements thereupon are first conveyed to Owner by Declarant.

 

  1. No antennae for transmission or reception of television signals or any other form of electromagnetic radiation shall be erected, used or maintained out of doors, except as shall be permitted by the Architectural Control Committee. No such antennae may be visible from the street. No such antennae shall exceed thirty inches in diameter.

 

  1. No hunting, shooting, trapping or harming of wildlife shall be permitted, it being the intent to conserve and protect all wildlife to the utmost.

 

  1. No recreational vehicles, motorcycles, dirtbikes, off-road vehicles, etc. shall be operated in the development at any time except for ingress and egress to and from the development upon established roads.

 

III.10 DeclarantÕs Exemption. Nothing contained in this Declaration shall be construed to prevent the erection or maintenance by Declarant, or its duly authorized agents and contractors of improvements, structures or signs necessary or convenient to the development, sale operation or other disposition of the Lots or Improvements situate within the Properties, provided that this exemption shall not be interpreted to impose limitations on the power of the Association to deal with Declarant that are more restrictive than the limitations imposed on the power of the Association to deal with other persons.

 

ARTICLE IV
THE ASSOCIATION

 

IV.1  Purpose and Membership. By acceptance of a deed to a Lot, each Owner shall be a member of the Association, which is a Colorado nonprofit corporation, organized for the OwnerÕs general well being and constituting an entity for the furtherance of the mutual interests of the Owners or the Properties pursuant to this Declaration and the Articles and By-laws, including without limitation, enforcement of the Declaration; owning, repairing and maintaining the Common Elements; maintenance and use of any Lots, Buildings and Improvements; levying and enforcing assessments to defray the cost and expenses of operation; and, providing other utilities and services pursuant to the Articles and By-laws. This is a Colorado Common Interest Community. The business of the Association will be conducted according to the Act, sections 38-33.3-101, et. seq., C.R.S.

 

IV.2  Directors of the Association. The affairs of this Association shall be managed by a board of 2 directors (the "Board") initially. When Declarant relinquishes control of the Board to the Owners pursuant to Section IV.3.c below, the Board shall be managed by at least 3 directors. Directors shall meet the qualifications described in the Articles of Incorporation and Bylaws of the Association.

 

IV.3  Voting Rights.

 

1.       A membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.

 

2.       The Association shall have one class of voting membership, each Owner being entitled to vote one vote for each Lot owned upon matters subject to vote by the Members as provided by the Articles and Bylaws of the Association. A vote for each Lot shall be exercised as the Owner determines, but in no event shall more than one vote be cast with respect to any Lot.

 

3.       From date of formation of the Association until the termination of DeclarantÕs control as provided below, Declarant shall have the right to appoint and remove all members of the Board and all officers of the Association. The period of the DeclarantÕs control of the Association shall terminate upon the first to occur of either 60 days after conveyance of 67% of Lots to Owners other than the Declarant or 2 years after the last conveyance of a Lot by Declarant in the ordinary course of business. Declarant may voluntarily surrender the right to appoint and remove officers of the Association and members of the Board before termination of the period of the DeclarantÕs control, but in that event Declarant may require, for the duration of the period of DeclarantÕs control, that specified actions of the Association or Board, as described in a recorded instrument executed by Declarant, be approved by Declarant before they become effective. Not later than 60 days after conveyance of 25% of the Lots that may be created to Owners other than Declarant, at least one member and not less than 25% of the members of the Board must be elected by Owners other than the Declarant. Not later than 60 days after the conveyance of 50% of the Lots that may be created to Owners other than Declarant, not less than 33.3% of the members of the Board must be elected by Owners other than Declarant. Within 60 days after Owners other than Declarant elect a majority of the Board, the Declarant shall deliver to the Association all property of the Owners and the Association held or controlled by Declarant, including, without limitation to, those items specified in Section 38-33.3-303(9), C.R.S. (1997).

 

IV.4  Limitation Upon Liability.

 

  1. Indemnification of Officers and Board Members. Neither the Association, any member of the Board, any officer of the Association, nor any agent or employee of the Association, shall be liable to any Owner or other person or entity for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without willful or intentional misconduct. The Association shall indemnify and hold harmless any member of the Board, any officer of the Association or any agent or employee of the Association from any and all reasonable costs, damages, charges, liabilities, obligations, fines, penalties and claims, demands or judgments and any and all expenses, including, without limitation, attorneyÕs fees, incurred in the defense or settlement of any action arising out of or claimed on account of any act, omission, error or negligence of such person or of the Association, the Board, or any committee of the Association, provided that such person has acted in good faith and without willful or intentional misconduct.

 

  1. Limitation upon Liability of Association. Notwithstanding the duty of the Association to maintain and repair parts of the Properties, the Association shall not be liable for injury or damage, other than the normal costs of maintenance and repair, caused by any latent condition of the Properties or by the conduct of other Owners 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.

 

IV.5  Association Insurance. The Association shall be required and empowered to obtain and maintain the following insurance so far as such insurance coverage is obtainable:

 

  1. Property insurance on the Common Elements and also on property that must become a Common Element for broad form covered causes of loss; except that the total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations and other items normally excluded from property policies.

 

  1. Commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use or management of the Common Elements. Declarant shall be included as an additional insured in such DeclarantÕs capacity as an Owner and Board Member. The Owners shall be included as additional insureds but only for claims and liabilities arising in connection with ownership, existence, use or management of the Common Elements. The insurance shall cover claims of one or more insured parties against other insured parties.

 

  1. Insurance policies carried pursuant to both subsections of Section IV.5 must provide that:

 

    1. Each Owner is an insured person under the policy with respect to liability arising out of such OwnerÕs interest in the Common Elements or membership in the Association;
    2. The insurer waives its rights to subrogation under the policy against any Owner or member of his household;
    3. No act or omission by any Owner, unless acting within the scope of such OwnerÕs authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and
    4. If, at the time of a loss under the policy, there is another insurance in the name of an Owner covering the same risk covered by the policy, the AssociationÕs policy provides primary insurance.

 

  1. WorkerÕs Compensation coverage upon employees.

 

  1. Fidelity bonds to protect against dishonest acts on the part of those who handle receipt and disbursement of Association funds. Such bonds shall (1) name the Association as an obligee; (2) be written in an amount not less than $50,000; (3) contain waivers of any defense based upon the exclusion of persons serving without compensation from any definition of employee or similar expression; (4) provide that no modification in any substantial manner, or cancellation shall be had without 30 days prior written notice to the Association.

 

  1. Such other insurance as the Board may deem desirable for the benefit of the Owners.

 

IV.6  Architectural Control Committee.

 

  1. No Building or exterior Improvement of any kind shall be erected, placed or altered on any Lot until the construction plans and specifications, and a plan showing the location of the structure or Improvement, have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of exterior design with existing structures, and as to location with respect to topography and finished grade elevation, all these elements to be in conformity with this Declaration, including, but not limited to, the requirements set forth in Section III.1.

 

  1. The Architectural Control Committee shall consist of 3 persons to be appointed by the majority of the Board. The method and manner of the Architectural Control CommitteeÕs appointment for replacement and removal, as well as method of operation, to the extent not provided herein, shall be set forth in the Articles and Bylaws of the Association.

 

  1. No Improvement, including OwnerÕs landscapings, shall be installed, erected or altered within the Properties except upon the prior written consent of the Architectural Control Committee.

 

  1. Duplicate copies of plans and specifications relating to an Improvement shall be submitted to the Architectural Control Committee for review and final approval. Plans and specifications shall contain, without limitation, the plot plans showing layout, including setbacks, flow and manner of surface drainage, finish and natural grade elevations, floor plans showing overall dimensions, roof plans showing pitch and elevations, roof materials, color, exterior elevations showing doors, windows and exterior materials and colors, and a perspective sketch if requested, and other details necessary to explain any feature or component of the Improvements.

 

  1. The Architectural Control CommitteeÕs approval or disapproval as required in this Declaration shall be in writing. In the event the Architectural Control Committee, or its designated representative, fails to approve or disapprove within 60 days after sufficient plans and specifications have been submitted to it, approval will not be required, and the related covenants shall be deemed to have been fully complied with. Two complete sets of finished plans and specifications for construction shall be submitted at time of application, one copy of which shall be retained by the Architectural Control Committee for its records. Approval or disapproval as required in this Declaration shall be determined by majority vote of the members of the Architectural Control Committee.

 

  1. The Architectural Control Committee and the members thereof shall not be liable for damage to any person submitting requests for approval or to any Owner within the Properties by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such request. The actions of the Architectural Control Committee shall be deemed conclusively binding upon the Owners.

 

  1. Neither the members of the Architectural Control Committee, nor such representatives as it may designate, shall be entitled to any compensation for services performed pursuant to this Declaration.

 

  1. In addition to all the other criteria herein set forth, The Architectural Control Committee shall generally determine whether the proposed Improvement will protect the then value and future values of the Properties then located in the Subdivision and to be erected therein. The Architectural Control Committee shall, in the exercise of its judgment and determination, use reason and good faith. Among the other considerations applied, the Architectural Control Committee will determine and base its approval or rejection upon the fact of whether said proposed Improvements are reasonably compatible with other Improvements erected and planned within the Subdivision. The Architectural Control Committee shall evaluate the proposed construction as to location on the Property, harmony of exterior design, materials and colors with existing dwellings and surroundings, finish grade elevation and other criteria as it deems necessary for the purposes set forth in this paragraph.

 

IV.7  Ownership and Maintenance.

 

  1. The ownership, maintenance, repair and restoration of the Common Elements, together with Improvements thereon, shall be vested solely in the Association. The costs and expenses incurred for the purpose of owning, maintaining, repairing and restoring the Common Elements and Improvements thereon shall be borne by the Owners as a regular assessment as provided in Section V.2, hereof.

 

  1. The Association shall further be charged with the maintenance, repair and restoration to any Improvement situate on any Lot provided the Owner thereof fails to repair, restore or maintain the same. The costs and expenses thereof shall be borne by such Owner as a reimbursement assessment as provided in Section V.4, hereof.

 

IV.8  Association Water.

 

  1. The Roubideau Reserve Subdivision is a member (Lot 1) of the Ponds Minor Subdivision, which holds 10.7 shares of Uncompahgre Valley Water. The Association will continue to be the agent of the Ponds Minor Subdivision Home Owners Association and to collect and pay the Uncompahgre Valley Water Users irrigation assessment, including the AssociationÕs equitable share.

 

  1. All irrigation water to be furnished to the Properties shall be furnished by the Association. All Owners of Lots with lawns shall be required to install sprinkler systems to maintain their lawns. Lots will be restricted to 15 gallons per minute and the Association shall have the right to limit the use of irrigation water as it determines in its sole discretion to the Lots and Common Elements and may institute and enforce rules regarding which days irrigation water may be used for any given Lot.

 

  1. The irrigation facilities to be owned by the Association shall consist of a system of pipes and pipelines so as to provide irrigation water to the Common Elements and all Lots. The irrigation facilities, including all easements in connection therewith, shall be solely owned, operated and maintained by the Association.

 

  1. The irrigation supply water to the Subdivision is siphoned under Roubideau Street near the intersection of Roubideau Street and 1800 Road.  A 2" valve to flush sediment from the low point of the siphon is located on the north side of Roubideau Street on Lot 3 of the Ponds Minor Subdivision. Monthly flushing of the siphon during the irrigation season is the responsibility of the Association.

 

  1. Wastewater draining from eastern agricultural lands is captured in a combination area-inlet drain and overflow ditch at the northeast corner of Lot 15. It is the responsibility of the Association to maintain the inlet the overflow ditch flowing north along the east property line of the Subdivision. It is also the responsibility of the Association to maintain the wastewater ditch flowing west along the north property line of the Subdivision.

 

  1. It shall be the obligation of the Association to own, operate, maintain and repair the irrigation facilities for the distribution of water to the Common Elements and to the delivery point of all Lots. Owners shall be responsible for operation and maintenance and repair of that portion of the irrigation system installed from the delivery point on to the remainder of the OwnerÕs Lot and will be encouraged to install underground water storage facilities to reduce demand on the water supply during high use periods.

 

  1. The Association shall have an easement across all Common Elements and Lots as reasonably necessary to operate, maintain, and repair the irrigation facilities.

 

IV.9  Duty of Association. The Association shall have the duty of maintaining and repairing all of the Common Elements within the Subdivision. The cost of all such Maintenance shall be a common expense to all Owners. The Association shall not be required to obtain the prior approval of the Owners to cause such maintenance and repairs to be accomplished, regardless of the cost thereof.

 

IV.10 Specific Powers and Duties of the Association. In addition to all other rights, duties, privileges and liabilities of the Association, as provided by this Declaration and the Articles of Incorporation and Amendments, the Association shall have the following specific powers and duties and shall provide the Owners the following services, all of which shall be paid as part of the common expense assessment:

 

  1. Maintenance, repair and restoration of the Common Elements, except only as otherwise provided.

 

  1. The obtaining and maintaining of all required insurance as provided herein.

 

  1. Collection of assessments for irrigation water and maintenance and repair of the irrigation system.

 

ARTICLE V

ASSESSMENTS

 

V.1   OwnerÕs Obligation. By accepting a deed to any Lot, each Owner agrees to pay the Association all the assessments, to be fixed and levied from time to time as provided in the Declaration, the Articles and Bylaws. Assessments are divided equally by the current number of Lots platted and filed with Delta County, Colorado. Such assessments, together with interest accruing thereon and the costs of collection in the event of a delinquency of payment, shall be the personal obligation of the person who is the Owner, or the persons who are jointly or severally the Owner, at the time the assessment was made.

 

V.2   Regular Assessments.

 

1.       At least 30 days before the commencement of each fiscal year, the Board shall estimate the costs and expenses to be incurred by the Association during such fiscal year in performing its functions, and shall subtract from such estimate an amount equal to the anticipated balance (exclusive of any reserves) in the operating fund at the start of such fiscal year which is attributable to the operation and maintenance assessments for the prior fiscal year. The annual assessments made for common expenses shall be based upon the advance estimate of the cash requirements By the Association to provide for the payment of all common expenses growing out of or connected with the maintenance and operation of the Common Elements, which sums may include, among other things, expenses of management, taxes and special assessments, premiums for all insurance which the Association is required or permitted to maintain, landscaping and care of grounds, common lighting and heating, repairs and renovations, legal and accounting fees, management fees, expenses and liabilities incurred by the Association under or by reason of this Declaration, the Article of Incorporation and the Bylaws of the Association, any deficit remaining from a previous assessment, the creation of a reasonable contingency or other reserve or surplus fund and any other expenses and liabilities which may be incurred by the Association for the benefit of the Owners. Subject to Section V.2.b hereof, the sum or net estimate so determined shall be assessed to the Owners as an operation and maintenance assessment by dividing the total estimate by the total number of single family residential Lots and assessing the resulting amount to the Owner of each Lot. Assessments shall be paid in one annual installment due on or before the 15th day of each April.

 

2.       Within 10 days after adoption of any proposed budget for the Association, the Board shall mail, by ordinary first class mail, or otherwise deliver a summary of the budget to all the Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than 14 nor more than 60 days after mailing or other delivery of the summary. Unless at that meeting a majority of all Owners reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed by the Board.

 

V.3   Special Assessments. If at any time during the fiscal year the regular assessment proves inadequate for any reason, including nonpayment of any OwnerÕs share thereof, the Board may levy a further assessment in the amount of such actual or estimated inadequacy. The special assessment shall be assessed to the Owners by dividing the total estimate by the total number of residential Lots and assessing the resulting amount to the Owner of each Lot, such assessment to be paid either in equal monthly installments over the balance of the remaining fiscal year, or in a lump sum upon billing as the Board shall determine.

 

V.4   Reimbursement Assessment. The Board may levy an assessment against any Owner as a result of such OwnerÕs failure to landscape his Lot, including a sprinkler system, rebuild damaged Improvements or to restore or maintain his Lot or the Improvements situate thereon. Such assessment shall be for the purpose of reimbursing the Association for its actual costs and expenses incurred for the repair, maintenance or restoration of such OwnerÕs Lot or Improvements, and shall be due and payable to the Association when levied.

 

V.5   Reserve Fund. The Association may establish a reserve fund for the maintenance, repair and replacement of the Common Elements. The amount of such fund shall be determined by the Association and shall be funded through annual payments of the common assessments and shall be held by the Association in a separate account, which may be an interest-bearing account, to be held in trust for the Owners for such purposes.

 

V.6   Capital Improvements. In addition to regular and special assessments, the Association may levy, in any assessment year, a special assessment for the purpose of defraying in whole or in part the cost of any capital Improvement upon the Common Elements, including fixtures, landscaping or personal property related thereto, provided that such assessment shall have the assent of a majority of the members of the Association subject to the assessment.

 

V.7   Enforcement. In the event any assessment is not paid when due, the Association may enforce payment of such obligation by any or all of the following remedies:

 

1.       The Association may elect to accelerate and declare immediately due and payable the remaining balance of regular or special assessments for such fiscal year.

 

2.       The Association may bring a suit at law to collect the delinquent assessments, including any accelerated assessment. Any judgment rendered in such action shall include a sum for costs of suit, including a reasonable attorneyÕs fees. Mediation Shall not be a pre-requisite to the AssociationÕs right to commence any such actions to collect delinquent assessments, but may be employed by the Association if the Board so chooses.

 

3.       All delinquent assessments shall be a lien on the OwnerÕs Lot to which the provisions of section 38-33.3-316, C.R.S. shall apply.

 

4.       Beginning with second month of delinquency, a 5% penalty will be added to all delinquent amounts each month until payments are current.

 

5.       If any person subject to the provisions of the Declaration fails to comply with any of its provisions or any provision of the bylaws, articles, or rules and regulations of the Association, any person or class of persons adversely affected by the failure to comply may require reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of such failure to comply, without the necessity of commencing a legal proceeding. For each claim, including but not limited to counterclaims, cross-claims, and third-party claims, in any legal proceeding to enforce the provisions of this declaration, bylaws, articles, or rules and regulations of the Association, the court shall award to the party prevailing on such claims the prevailing partyÕs reasonable collection costs and attorneyÕs fees and costs incurred in asserting or defending the claim.

 

Not withstanding any law to the contrary, no action shall be commenced or maintained to enforce the terms of any building restriction contained in the provisions of this declaration, bylaws, articles, or rules or regulations of the Association or to compel the removal of any building or improvement because of the violation of the terms of any such building restriction unless the action is commenced within one year from the date from which the person commencing the action knew or in the exercise of reasonable diligence should have known the violation for which the action is sought to be brought or maintained.

 

V.8   Out-Of-State Owners Who are Not Occupants. In the event an Owner shall not occupy his residence and shall further maintain his principal residence outside of the state of Colorado, the Board may, to insure and guarantee payments of the assessments provided herein, require such out-of-state Owner who does not occupy his residence to:

 

  1. Post a surety bond with the Association indemnifying the Association against the default of such Owner in the payment of any assessments provided herein, the amount of such surety bond to be twice the amount of the regular assessment for the preceding fiscal year; or

 

  1. Pay the regular assessment pursuant to Section 5.2 hereof in advance by the 10th day of the first month of the fiscal year; or

 

  1. Either or both of the immediately preceding subsections of Section 5.8 hereof

 

V.9   Declarant Reimbursement. Expenses of the Association paid by Declarant on behalf of the Association shall be reimbursed from initial assessment, or the Declarant may apply these sums toward current or future assessments on Sites owned by Declarant.

 

 

 

ARTICLE VI
RESERVATION OF EXPANSION AND DEVELOPMENT RIGHTS

 

VI.1  Expansion Rights. Declarant expressly reserves the right to subject all or any part of the Property described in Exhibit "A" attached hereto and hereby incorporated by reference (the "Development Property") to the provisions of this Declaration upon the substantial completion of improvements on the Development Property. The consent of the existing Owners or mortgagees shall not be required for any such expansion, and Declarant may proceed with such expansion without limitation at its sole option.

 

VI.2  Development and Withdrawal Rights. Declarant expressly reserves the right to create or construct additional Lots, Common Elements and limited common elements (the "Additional Improvements") to subdivide Lots and to convert Lots into Common Elements on all or any portion of the Property reserved for future development in the Declaration or on the map. Declarant may exercise its Development Rights on all or any portion of the reserve property in whatever order of development Declarant, in its sole discretion, determines. If all or any part of the Development Property is submitted to this Declaration, this right to reserve property for future development shall apply to such property as well. Declarant expressly reserves the right to withdraw all or any portion of the Property that is reserved for future development in the Declaration or on the map from the Roubideau Reserve project by recording a document evidencing such withdrawal in the office of the clerk and recorder of the county where the property is located; provided, however, that no portion of the property has been conveyed to a purchaser. The property withdrawn from the Roubideau Reserve project shall be subject to whatever easements, if any, are reasonably necessary for access to or operation of the Roubideau Reserve project. Declarant shall prepare and record in the office of the clerk and recorder of the county where the property is located whatever documents are necessary to evidence such easements and shall amend the Declaration to include reference to the recorded easement.

 

VI.3  Amendment of the Plat Map. Declarant shall, contemporaneously with the amendment of the Declaration, file an amendment of the Plat map showing the location of the Additional Improvements constructed on the Development Property. The amendment to the Plat map shall substantially conform to the requirements contained in this Declaration.

 

VI.4  Interpretation. Recording the amendments to the Declaration and map in the office of the clerk and recorder of the county where the Development Property and Additional Improvements are located shall automatically vest in each existing Owner the reallocated Allocated Interests appurtenant to his Lot.

 

Upon the recording of an amendment to the Declaration, the definitions used in this Declaration shall automatically be extended to encompass and to refer to the property, as expanded. The Development Property, or any part thereof, or the Additional Improvements, shall be added to and become a part of the property for all purposes. All conveyances of Lots after such expansion shall be effective to transfer rights in all Common Elements as expanded, whether or not reference is made to any amendment to the Declaration or Plat map. Reference to the Declaration and Plat map in any instrument shall be deemed to include all amendments to the Declaration and Plat map without specific reference thereto.

 

VI.5  Maximum Number of Lots. The maximum number of Lots in the Roubideau Reserve project shall not exceed 25 Lots. Declarant shall not be obligated to expand the Roubideau Reserve Subdivision beyond the number of Lots initially submitted in this Declaration.

 

VI.6  Easements. Easements for installation and maintenance of utilities, drainage facilities and irrigation water are reserved as shown on the Plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow, obstruct or retard the flow of water in and through drainage channels in the easements. The easement area of each Lot and all Improvements in it shall be maintained continuously by the Owner of the Lot, except those Improvements for which a public authority or one or more utility companies is responsible.

 

VI.7  Construction Easement. Declarant expressly reserves the right to perform warranty work and repairs and construction work and to store materials in secure areas, on Lots and Common Elements, and the future right to control such work and repairs, and the right to access thereto, until its completion. All work may be performed by Declarant without the consent or approval of any Owner or mortgagee. Declarant has such an easement through the Common Elements as may be reasonably necessary for the purpose of discharging DeclarantÕs obligations and exercising DeclarantÕs reserved rights in this Declaration. Such easement includes the right to construct underground utility lines, pipes, wires, ducts, conduit and other facilities across the land not designated as reserved for future development in the Declaration or on the map for the purpose of furnishing utility and other services to buildings and improvements to be constructed on the property so reserved for future development. DeclarantÕs reserved construction easement includes the right to grant easements to public utility companies and to convey improvements within those easements anywhere in the Common Elements not occupied by an improvement containing Lots. If Declarant grants any such easements, the Declarant will be amended to include reference to the recorded easement.

 

VI.8  Reciprocal Easements. If all or part of the Development Property is not submitted to this Declaration, or if property is withdrawn from the Roubideau Reserve project (Withdrawn Property):

 

  1. The Owners of the Development Property and/or Withdrawn Property shall have whatever easements are necessary or desirable, if any, for access, utility service, repair, maintenance and emergencies over and across the Roubideau Reserve Subdivision; and

 

  1. The Owners in the Roubideau Reserve project shall have whatever easements are necessary or desirable, if any, for access, utility service, repair, maintenance and emergencies over and across the Development Property and Withdrawn Property.

 

Declarant shall prepare and record in the office of the clerk and recorder of Delta County whatever documents are necessary to evidence such easements and shall amend the Declaration to include reference to the recorded easement(s). Such recorded easement(s) shall specify that the Owners of the Development Property and the Withdrawn Property and the Owners in the Roubideau Reserve project shall be obliged to pay a proportionate share of the cost of operation and maintenance of any easement utilized by either one of them on the otherÕs property upon such reasonable basis as Declarant shall establish in the easement(s). Preparation and recordation by Declarant of an easement pursuant to this section shall conclusively determine existence, location and extent of the reciprocal easements that are necessary or desirable as contemplated by this section.

 

VI.9  Termination of Expansion and Development. The expansion and Development Rights reserved to Declarant, for itself, its successors and assigns, shall expire 10 years from the date of recording this Declaration, unless the expansion and Development Rights are 1) extended as allowed by law, or 2) reinstated or extended by the Association, subject to whatever terms, conditions and limitations the Board may impose on the subsequent exercise of the expansion and Development Rights by Declarant.

 

VI.10 Transfer of Expansion and Development Rights. Any Development Right or Additional Reserved Right created or reserved under this article for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred and recorded in the county in which the project is located. Such instrument shall be executed by the transferor Declarant and the transferee.

 

ARTICLE VII

CASUALTY, DAMAGE AND REPLACEMENT OF IMPROVEMENTS

 

VII.1  OwnerÕs Insurance. All Owners shall keep and maintain fire and casualty insurance upon all Improvements situate on their Lots to the full insurable value thereof, and file the certificate of insurance with the President of the Association, such certificate providing for 10 days written notice of cancellation, surrender or modification.

 

VII.2  Loss, Damage or Destruction of Improvements Other Than Residential Buildings. In the event of a loss, destruction or damage to any Improvements situate on any OwnerÕs Lot exclusive of the residential building, such Owner shall, after first obtaining the approval of the Architectural Control Committee, replace, repair or restore such damaged Improvement with an identical Improvement as to the one destroyed, lost or damaged or an Improvement approved by the Architectural Control Committee. In the event an Owner fails to make such repair, replacement or restoration within 90 days of the loss, damage or destruction, the Association shall have the option to make such repair, restoration or replacement and charge the cost thereof to the Owner as a reimbursement assessment.

 

In the event of loss, damage or destruction of any Improvement situate upon the Common Elements, the Association shall within 90 days of such loss, damage or destruction, replace, repair or restore such Improvement with an identical Improvement or an Improvement approved by the Architectural Control Committee..

 

VII.3  Loss Damage or Destruction to Residential Buildings. In the event of loss, damage or destruction of any residential building, the Owner thereof shall repair, restore or rebuild the same within one year following such damage or destruction. The new structure shall be rebuilt in the same location, following the same floor plan and elevation and using the same exterior materials as the building, which had been lost, damaged or destroyed unless revisions are approved by the Architectural Control Committee. It is the specific intent of this section to impose upon the Owner of each Lot, the obligation to replace any destroyed building with a new building having the identical appearance as the building destroyed unless revisions are approved by the Architectural Control Committee.  Further, following completion of the repair, restoration or replacement of the damaged structure, the Owner shall repair, replace or restore any landscaping or other Improvements involved in the damage, destruction or loss to the residents within 90 days of completion of the structure. However, in the event that completion is after September 1st of any year, landscaping shall be completed by May 1st of the following calendar year.

 

ARTICLE VIII

USE OF SUBDIVISION FOR SALES PURPOSES

 

VIII.1 Maintenance of Sales Office and Models. Declarant reserves the right to maintain a sales office and/or model homes in the Subdivision for sales purposes. Declarant shall maintain no more than one sales office and no more than two model homes at any time. Each sales office or home shall occupy no more than one Lot, and Declarant reserves the right to use any unsold Lot for such purposes.

 

ARTICLE IX

STREET LIGHTING

 

Roubideau Reserve Subdivision is subject to the terms and provisions of an unconditional restrictive covenant which provides in substance that present and subsequent Owners of property in the area proposed to be served are subject to and bound by present and future Delta-Montrose Electric Association tariffs applicable to street lighting service filed with the Public Utilities Commission of the State of Colorado.

 

ARTICLE X
GENERAL PROVISIONS AND MISCELLANEOUS

 

X.1   Enforcement. The Association, or any Owner, shall have the right to enforce by any proceeding at law or in equity all restrictions, conditions, covenants, reservations, liens and charges now and hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter, or a waiver of any other or subsequent breach of any covenant, condition or restriction herein contained. Prior to the filing of any action in any court of law, the Association or Owner must first attempt a good faith resolution of any enforcement action, except for actions mentioned under Section V.7 hereinabove, through mediation or other alternative dispute resolution method.

 

X.2   Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provision which shall remain in full force and effect.

 

X.3   Amendments. The covenants and restrictions of this Declaration shall run with and bind the land for a term of ten years from the date this Declaration was recorded, after which time they shall be automatically extended for successive periods of 10 years.  This Declaration shall only be amended by vote or agreement of Owners of Lots to which at least 67% of the votes in the Association are allocated. Any amendment must be recorded.

 

X.4   Limitation on Association. Any action, resolution or attempted action of the Association in conflict with any term or provision of this Declaration shall be void and of no force and effect whatsoever.

 

X.5   Notice. Notice of matters affecting Roubideau Reserve may be given to Owners by mailing such notice by first class mail to the last address provided by the Owner to the Association. If no address has been provided by the Owner, such notice shall be mailed to the address of the OwnerÕs Lot.

 

 

IN WITNESS WHEREOF, Declarant sets his hand and seal the ____________day of________________, 2005.

 

 

Roubideau, L.L.C.

A Colorado Limited Liability Company

 

By Side Canyon Ventures, LLC:

Managers

_______________________________

Jeffory  P. Crane, Member

______________________________

Diane S. Hackl, Member

 

 

_______________________________

Bert G. Hustad,

Owner of Lot(s) 12 and 13, which by his signature herein indicates his consent and ratification to the recording and implementation of these Amended Covenants, Conditions and Restrictions in all respects. 

 

 

STATE OF COLORADO     )

                                               ) ss.

COUNTY OF____________)

 

The forgoing instrument was acknowledged before me this _____________day of___________, 2005 by Diane Hackl and Jeff Crane.

 

My commission expires:____________________________________________.

Witness of my hand and official seal.

 

 

                              _________________________________________

                              Notary Public

 

STATE OF ______________)

                                               ) ss.

COUNTY OF____________)

 

The forgoing instrument was acknowledged before me this _____________day of___________, 2005 by Bert G. Hustad.

 

My commission expires:____________________________________________.

Witness of my hand and official seal.

 

 

                              _________________________________________

                              Notary Public

 

 
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© 2005 Roubideau, LLC