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HomeMy WebLinkAbout925354 RECEIVED 12/15/2006 at 11:11 AM RECEIVING # 925354 BOOK: 643 PAGE: 485 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Declaration of Covenants, Conditions and Restrictions for Snake River Junction COMMERCIAL AREA n rli~. ",d.'I;;": 'Vi "'-" 'W' ~. -' ....' tcl" O~04!\;?,'; 'Ui ..... '\". DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION THIS DECLARATION is made as of the day of October, 2006, by ALPINE DEVELOPMENT GROUP, LLC a Wyoming limited liability company (The Declarant). RECITALS: A. The Declarant is the owner of certain real property located in Lincoln County, Wyoming, which is more particularly described as Lots 1 through 6, Snake River Junction. B. The Declarant is adopting these covenants, conditions and restrictions to preserve and maintain the character and value of the Property for the benefit of all existing and future owners of the Property, in conjunction with the commercial development of the Property, as a first class commercial real estate project. C. The Declarant has filed with the Clerk of Lincoln County, Wyoming, a subdivision plat (the "Plat") which has been recorded as the Snake River Junction, First Filing, as Plat No. D. The Property identified as Lots 1 though 6 on Plat No. is hereby made subject to the covenants, conditions, restrictions, reservations, assessments, charges and liens contained or provided for in this Declaration, all of which shall be enforceable equitable servitudes and shall run with the land. E. The Property shall generally be known as the "Snake River Junction"; and by such other or additional names as may be designated by the Declarant from time to time. NOW, THEREFORE, the Declarant hereby declares that all of the Property shall be held, sold, conveyed, leased, transferred, used and occupied subject to the provisions of this Declaration and the Act, including the covenants, restrictions, restrictions, reservations, assessments, regulations, charges and liens contained or provided for herein, which are for the purpose of protecting the value and desirability of the Property as a first class commercial real estate project, and which shall be construed as covenants of equitable servitude and hall run with the land and be binding on all parties having any right, title or interest in the Property or any part thereof, and their heirs, successors and assigns. ARTICLE I DEFINITIONS Section 1. "Association" shall mean the Snake River Junction COMMERCIAL OWNERS ASSOCIATION, a Wyoming non-profit association, which is intended to regulate development and use of the Property and such additional commercial property as may be made subject thereto, and its successors and assigns. DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 2 to- C 0 A ..¡,;;, ~~, t:t;!: In:t ..; ~.. Section 2, "Property" shall mean the real property located in Lincoln County, Wyoming which is described as Lots 1 through 6, Snake River Junction, together with such additions and improvements thereto as may now be located on said real property or as may hereafter be conveyed or brought within the ownership or jurisdiction of the Association. Section 3. "Lot" shall mean a commercial lot shown on the Plat referred to in Section C of the Recitals, as said Plat may be amended from time to time in the future in accordance with all applicable governmental rules and regulations. Section 4. "Common Areas" and "Limited Common Areas" shall mean the open space and common areas within the Property designated as such on said Plat and any other real property (including walkways, lighting facilities, parking lots, roadways, landscape areas, easements and improvements) acquired by the Association by declaration, deed or easement for the common use and enjoyment of all the Members of the Association. Section 5. "Owner" or "Ownership" shall mean the record owner, whether one or more persons and/or entities, of a fee simple title to each Lot, including contract buyers of record but excluding mortgagees, contract sellers or others having such interest merely as security for the performance of an obligation unless and until said mortgagee or other holder of a security interest has acquired title to a Lot which is a part of the Property pursuant to forfeiture, foreclosure or a proceeding in lieu of foreclosure. An "Owner" shall mean all of the owners of a particular Lot collectively and shall be jointly regarded as a single owner for purposes of this Declaration. Any owner of an equity interest of record in a Lot, and any partner, officer or shareholder of an entity which is an Owner of record, may be treated by the Association as the representative of all the Ownership of such Lot for purposes of receiving notices, voting and other matters. Section 6. "Members" shall mean the Owners described in Article II hereof, and the Owners of each Lot of commercial property hereinafter identified by Declarant as a part of the Snake River Junction development. Section 7. "Declarant" shall mean Alpine Development Group, LLC, a Wyoming limited liability company, and their successors and assigns as the developer of the Property. Section 8. "Management Committee" shall mean the Board of Directors of the Association. Section 9. "Site Committee" shall mean the site committee appointed by the Board of Directors of the Association, as provided herein. Section 10. "Design Guidelines" shall mean the Design Guidelines for Snake River Junction Commercial Area attached hereto as Exhibit A, as the same may be amended from time to time. ARTICLE II THE ASSOCIATION Section 1. Membership. Every Owner of a Lot identified herein, or added DECLARA TION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 3 by future dedication, shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot, and Ownership of a Lot shall be the sole qualification for Membership. Each Ownership shall constitute one Member. Section 2. Voting. Voting by Members of the Association upon any matter allowing or requiring a vote of Members shall be as follows: there shall be (I) vote allowed for each Lot. If an Owner includes more than one person and/or entity, the vote for said Member shall be cast in such manner as the persons and/or entities constituting the same shall detennine, but the decision of the Management Committee as to the authority conferred upon one or more Owners or other representatives by the Ownership in casting the one vote of the Ownership shall be conclusive and binding. Section 3. Management Committee. (a) The administration of the Property on behalf of the Association shall be conducted by a Management Committee consisting of five natural persons (or such lesser number as may be determined by the Declarant pursuant to paragraph U) below), who are not required to be Owners and shall not be required to be residents of the State of Wyoming. (b) At each annual meeting of the Association, subject to the provisions of paragraph U) below, the Association shall elect members to fill any vacancies on the Management Committee. (c) Each Member of the Management Committee shall serve for a term of two (2) years. The members of the Management Committee shall serve until their respective successors are elected, or until their earlier death, resignation, or removal. Any member of the Management Committee may resign at any time by giving written notice to the Association. Any member of the Management Committee may be removed from membership on the Management Committee by a two-thirds majority vote of a quorum of the Association. Whenever there shall occur a vacancy on the Management Committee due to death, resignation, removal or any other cause, the remaining members of the Committee shall appoint a successor member to serve until the next annual meeting of the Association, at which time said vacancy shall be filled by the Association for the unexpired term, if any. If no such successor is appointed due to a deadlock between the remaining Committee members, a special meeting of Members may be called by any Management Committee member to elect a successor. (d) The members of the Management Committee shall receive no compensation for their services, other than reimbursement of expenses, unless expressly approved by a majority of a quorum of the Association: provided, however, that any member of the Management Committee may be employed by the Association in another capacity and receive compensation for such employment. (e) The Management Committee, for the benefit of the Property and the Association, shall manage the business, property and affairs of the Property and the Association and enforce the provisions of the Declaration, and may adopt rules and regulations (including without limitation schedules of fines for violations) DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 4 0004[~S governing the Property. The Management Committee shall have the powers, duties, and responsibilities with respect to the Property as contained in the Act, Article VII hereof and the other provisions of this Declaration and its charter and by-laws, as well as any other applicable law. (f) Regular or special meetings of the Management Committee shall be held at such places within or without the State of Wyonùng as all members of the Management Comnùttee shall determine. Otherwise, meetings shall be held at the Property. A simple majority of the members of the Management Committee shall constitute a quorum, and if a quorum is present, unless otherwise required by law or the Declaration, the decision of a majority of .those present shall be binding on the Management Committee. The Management Committee shall appoint all of the officers of the Association. A meeting for the annual appointment of officers shall be held at the first meeting of the Management Committee immediately following the annual meeting of the Association. (g) Regular meetings of the Management Committee may be held without call or notice; provided, however, that if the meeting is to be held at a place other than as decided at the annual meeting each year, at least 10 days prior notice shall be given to all Committee members. The person or persons calling a special meeting of the Management Committee shall, at least ten (10) days before the meeting, give notice of the time and place thereof by any usual means of communication. Such notice should specify the general purposes for which the meeting is called: provided that the meeting need not be restricted to discussions of those items listed on the agenda. (h) Special meetings of the Management Committee may be called by the president of the Association or by any two Management Committee members. (i) Any member of the Management Committee may, at any time, waive notice of any meeting of the Management Committee in writing, and such waiver shall be deemed equivalent to the giving of notice to the member. Attendance by a member of the Management Committee at a meeting shall constitute a wa,iver of notice of such meeting except when a Management Comnùttee member attends the meeting for the express purpose of objecting to the transaction of any business because the meeting was not lawfully called. If all the members of the Management committee are present at any meeting of the Management Committee, no notice shall be required and any business may be transacted at such meeting. G) The initial membership of the Management Committee may be less than five, as determined by Declarant. Declarant shall have the option at any time to turn over to the Association the total responsibility for electing and removing members of the Management Committee and the officers. No term of office of a Committee member or an Association officer or agent shall expire or otherwise be affected by the expiration of such period during which the Declarant may control the Association, and if the number of Committee members shall be less than five at the end of such period, the vacancies may be filled in accordance with paragraph (c) above. It is expressly understood that the Association may remain inactive until at least one-half of the Lots have been sold by the Declarant. (k) The fiscal year of the Association shall end on October 31 of each year, or as otherwise determined by the Management Committee. DECLARA TION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 5 CO"" -If-on [II!' . . iJ. .,.... .... "v:'" .'...~:....",' Section 4.· Meetings of the Association. (a) The presence in person or by proxy at any meeting of the Association of fifty percent (50%) in voting interest of the Owners shall constitute a quorum. In the event that such quorum is not present in person or by proxy, the meeting shall be adjourned for up to two weeks as designated by the chainnan presiding at the meeting, at which time it shall reconvene and any number of Owners present at such subsequent meeting shall constitute a quorum, Unless otherwise expressly provided in the Declaration, any action may be taken at any meeting of the Owners upon the vote of a majority in interest of the Owners who are present in person or by proxy and who are voting. (b) At all meetings of the Association, Owners may vote in person or by proxy executed in writing by the owner or their duly authorized attorney in fact. Proxies shall be filed with the secretary of the Management Committee before or at the time of the meeting. (c) There shall be an annual meeting of the Association each year as set by the Management Committee, either at the Property or at such other place in Lincoln County, Wyoming as may be designated by the Management Committee. The Management Committee shall give written notice of the time and place of the annual meeting, said notice to be delivered to the Members not less than ten (10) days prior to the date fixed for said meeting. (d) Special meetings of the Association may be held at any time at the Property or at some other place in Lincoln County, Wyoming to consider matters which, by the tenns of the Declaration, law, or the charter or by-laws, require the approval of all or some of the Owners, or for any other reasonable purpose. Special meetings shall be called by written notice, signed by a majority of the Management Committee, or by Members representing at least 20% in interest of all Owners and delivered to all Members not less than fifteen (15) days prior to the date fixed for said meeting. The notice shall specify the date, time and place of the meeting, and the matters to be considered. Section 5. Committee Officers. (a) The Management Committee shall perfonn its functions and responsibilities through those members of the Committee who are elected as officers annually by the Committee, and through such agents or employees as the Committee may appoint. The primary officers shall consist of a president, a secretary and a treasurer. The offices of secretary and treasurer may be combined as one office. The Management Committee may appoint such assistant officers as the Management Committee may deem to be necessary or desirable. No officer shall receive compensation for serving as such unless a majority, in interest of a quorum, of the Members vote otherwise. (b) Any officer shall be subject to removal, with or without cause, at any time by the affirmative vote of a majority of a quorum of the members of the Management Committee then serving. Section 6. Other Matters. The Association may adopt a charter and by-laws DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 6 .on 04 Q ,i"", '{}.¡.I'{..~~ .....' i...·· contammg more detailed provlSlons governing the internal affairs of the Association, to the extent the Management Committee deem such charter and by-laws to be consistent with this Declaration. ARTICLE ill STATUS OF OWNERS; MANAGEMENT COMMITTEE Section 1. Legal Status. The Owners do not constitute an entity of any kind, and the sole legal entity created hereunder is the Association, which may be incorporated in the future on approval of a majority of a quorum of the members. The name of the Association shall be the name in which contracts shall be entered into, title to property shall be acquired, held, dealt in and disposed of, bank accounts shall be opened and suit shall be brought and defended by the Association, the Management Committee or officers thereof on behalf of and as agents for the Owners in the manner specified in this Declaration, the charter, the by-laws, or by applicable law. Section 2. Management of Association and Property. The management and maintenance of the Property and the business, property and affairs of the Association shall be managed by a Management Committee as provided in this Declaration and its charter and by-laws, All agreements and determinations with respect to the Property lawfully made or entered into by the Management Committee shall be binding upon all of the Owners and their successors and assigns. Section 3. Powers and Duties of Management Committee. The Management Committee, acting on behalf of the Association, shall have all the powers, duties and responsibilities which are now or may hereafter be provided by the Act and this Declaration, including but not limited to the followings: (a) To make and enforce all Design Guidelines, house rules and administrative rules and regulations covering the operation and maintenance of the Property. (b) To engage the services of a manager or managing company, accountants, attorneys or other employees or agents and to pay to said persons a reasonable compensation for their services; provided however, that any management agreement may be tenninable by the Management Committee for cause upon thirty (30) days written notice and the tenn of any said management agreement generally shall not exceed one (1) year, renewable by agreement for successive one (1) year periods, (c) To operate, maintain, repair, improve, and replace the Common Areas, including the entering into of agreements for the use and maintenance of the Common Areas and adjacent contiguous property for the benefit of the Association. (d) To determine and pay Common Expenses. ( e) To assess and collect the proportionate shares of Common Expenses from the owners. (f) To enter into contracts, deeds, leases, and/or other written instruments or documents and to authorize the execution and delivery thereof by the appropriate officers. DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 7 COO AI (),J.i , t' I, ' .f..6..... ,~', "..~~.., . .,.! ..~. ..-. . (g) To open bank accounts on behalf of the Association and to designate the signatures therefore. (h) To purchase, hold, sell, convey, mortgage, or lease anyone or more Lots in the name of the Association or its designee. (i) To bring, prosecute and settle litigation for itself, the Association and the Property. U) To obtain insurance for the Association as needed. (k) To repair or restore the Property following damage or destruction or a pennanent Faking by a power in the nature of eminent domain or by an action or deed in lieu of condemnation. (I) To own, purchase or lease, hold, sell or otherwise dispose of on behalf of the Owners, items of personal property necessary to or convenient in the management of the business and affairs of the Association and the Management Committee and in the operation of the Property. (m) To keep adequate books and records. (n) To do all other acts necessary for the operation and maintenance of the Property, including the maintenance and repair of the Property if the same is necessary or desirable to protect or preserve the Property, provided that it is expressly understood and agreed that any and all claims against the Declarant relating to the Property for breach of warranties and similar claims shall not be made by or on behalf of the Association, but must instead be made by the applicable Owner or Owners. Section 4. Delegation of Powers. The Management Committee may delegate to a manager or managing company all of its foregoing powers, duties and responsibilities referred to in Section 3 above except: the final determination of common expenses, budgets and assessments based thereon; the promulgation of rules and regulations; the power to enter into any contract involving more that $10,000.00 in any on fiscal year; the power to purchase, hold, sell, convey, mortgage, or lease any Lot in the name of the Association; or any other power, duty or responsibility nondelegable by law. Section 5. Limited Liability of Management Committee. etc. Members of the Management Committee and the Site Committee, and their officers, assistant officers, agents and employees: (1) shall not be liable to the owners as a result of their activities as such for any mistake of judgment, negligence or otherwise, except for their own willful misconduct or bad faith; (2) shall have no personal liability in contract to an Owner or any other person or entity under any agreement, instrument or transaction entered into by them on behalf of the Association in their capacity as such; (3) shall have no personal liability in tort to any Owner or any person or entity, DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 8 Cû049:2 except for their own willful misconduct or bad faith; (4) shall have no personal liability arising out of the use, misuse or condition of the Property which might in any way be assessed against or imputed to them as a result of or by virtue of their capacity as such. Section 6. Indemnification. The Association hereby indemnifies and holds harmless any person, their heirs and personal representatives from and against all personal liability and all expenses, including attorney's fees, incurred or imposed or arising out of or in settlement of any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, instituted by any one or more Owners or any other persons or entities to which he shall be or shall be threatened to be made a party by reason of the fact that he or she was a member of the Management Committee or an officer or assistant officer, member, attorney or manager of the Association or the Site Committee, other than to the extent, if an , such liability or expense shall be attributable to his willful misconduct or bad faith; provided, further that in the case of any settlement that the Management Committee shall have approved, the indemnification shall apply only when the Management Committee approves the settlement as being in the best interests of the Association. Such right of indemnification shall not be deemed exclusive of any other rights to which such person. may be entitled as a matter of law or agreement or vote of Owners or of the Management Committee or otherwise. The indemnification by the owners as contained herein shall be paid by the Management Committee on behalf of the Owners and shall constitute a common expense and shall be assessed and collectable as such, Section 7. No Amendment without Consent. The provisions of Section 5 and Section 6 above may not be amended with any retroactive effect so as to limit the rights of any person otherwise entitled to the benefits thereof. ARTICLE IV PERCENTAGES OF UNDMDED INTEREST IN COMMON AREAS Each of the Lots shall have an equal percentage of undivided interest in the Common Areas, which interest shall be appurtenant to each Lot for all purposes, and shall pass with title to each Lot, provided. however, that title to any Common Areas shall be held solely by the Association and not the Owners, and the Association will have full power and authority to acquire, hold and dispose of such property in accordance with Article III above. It is expressly understood that the applicable provisions of this Declaration set forth elsewhere herein, and not this Article, shall govern assessments and charges, dispositions of insurance proceeds and other proceeds or interests in this Property, voting and consents, and certain other matters. ARTICLE V ASSESSMENTS The making and collection of assessments of any nature from Owners for their share of common expenses (detennined pursuant to this Article and the other applicable provisions of this Declaration) shall be carried out by the Management Committee in accordance with the following provisions: Section 1. When Assessments Commence. Assessments for the Lots shall DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 9 ~.!'!I4)4 ~ ,*~ 'Ul" 'iè..t' ....0' '.-_ , , commence on that date which is one (l) month after the date any Lot is sold by the Declarant. Section 2. Shares of Common Expenses. (a) Common Expenses. Each Owner of a Lot shall be responsible for an equal proportionate share of all General Common Expenses, provided that the Management Committee may, in its discretion, make -equitable adjustments in such shares to reflect the size and use of particular Lots, by one or more declarations of adjustment recorded with the Clerk of Lincoln County, Wyoming. Such "General Common Expenses" include the following services obtained by the Association: road maintenance and snow removal services, parking lot improvement and maintenance, trash collection, provision of frrewood, utility line maintenance, cable television services for all Owners, landscaping, installation and maintenance of walkways, security systems and security personnel and equipment, Common Area facilities installation and maintenance, and a portion of the cost of administration, landscaping and improvement of the Property (including accounting, legal, equipment, personnel and overhead) deemed by the Management Committee, in its discretion from time to time, to be fairly allocated to all of the Owners. Such common expenses shall be the equal responsibility of all Owners, and the Management Committee shall make appropriate adjustments from time to time, deemed by it to be appropriate, to reflect the sale of Lots as contemplated by Section 1 above, The Association in its discretion may bill specific Owners for specific services (such as cable television services, provision of firewood, or repairs for damage caused by the negligence of an Owner or invitees to the extent uninsured), as a special assessment against the applicable Owner and their Lot. It is expressly understood that the certain services, such as cable television and landscaping, may or may not be provided by the Association and is subject to the discretion of the Management Committee, and that certain services such as water and sewer services may be provided by other entities such as a public water and sewer district. (b) Limited Common Expenses. Each Owner of a specifically identified Lot benefiting from the use and enjoyment of a Limited Common Area shall be responsible for an equal proportionate share of all Limited Common Expenses, provided that the Management Committee may, in its discretion, make -equitable adjustments in such shares to reflect the size and use of particular Lots, by one or more declarations of adjustment recorded with the Clerk of Lincoln County, Wyoming, Such "Limited Common Expenses" include the following services obtained by the Association: road maintenance and snow removal services, parking lot improvement and maintenance, trash collection, provision of frrewood, utility line maintenance, cable television services for all Owners, landscaping, installation and maintenance of walkways, security systems and security personnel and equipment, Common Area facilities installation and maintenance, and a portion of the cost of administration, landscaping and improvement of the Property (including accounting, legal, equipment, personnel and overhead) deemed by the Management Committee, in its discretion from time to time, to be fairly allocated to all of the Owners. Such common expenses shall be the equal responsibility of all Owners, and the Management Committee shall make appropriate adjustments from time to time, deemed by it to be appropriate, to reflect the sale of Lots as contemplated by Section 1 above, The Association in its discretion may bill specific Owners for specific services (such as cable television services, provision of firewood, or repairs for damage caused by the negligence of an Owner or invitees to the extent uninsured), as DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 10 ff}004~3,(;~ a special assessment against the applicable Owner and their Lot. It is expressly understood that the certain services, such as cable television and landscaping, may or may not be provided by the Association and is subject to the discretion of the Management Committee, and that certain services such as water and sewer services may be provided by other entities such as a public water and sewer district. Section 3. Payment of Assessments: Lien Created. Assessments not paid on or before fifteen (15) days after the date due shall bear interest at the rate of eighteen percent (18%) per annum. The Management Committee may also impose a late charge of up to 10% of any amount remaining unpaid for 15 days or more. All payments on account shall be first applied to interest or other charges and then to the assessment payments in the order of when due (that is, the oldest unpaid amounts shall be paid first). All annual and special assessments, together with interest, reasonable attorney's fees and all costs and expenses incurred by the Management Committee incident to the collection of such assessments, shall be a charge upon the Lot involved and shall be a continuing lien upon the Lot (including all improvements thereon for which the assessment was made, as well as the personal obligation of each owner, jointly and severally, who had any interest of record in or to such Lot at the time the assessment became due or at any time thereafter. It is expressly understood and agreed that fines for any violations of this Declaration or the rules and regulations of the Management Committee may be assessed against a Lot and against an Owner, for violations by that Owner or by tenants or invitees. Section 4. Rights to Collect From Tenant. If an Owner shall, at any time, lease any portion of a Lot and shall be in default for a period of one month or more in the payment of assessments or other charges, the Management Committee may, at its option, so long as such default shall continue, demand and receive from any tenant or subtenant of the owner the rent due or becoming due, and the payment of such rent to the Management Committee shall discharge such tenant or subtenant from the obligation for rent to the Owner and the Owner from his obligation to the Association, to the extent of the amount so paid. ARTICLE VI PURPOSE OF TIIE PROPERTY. AND CERTAIN RESTRICTIONS ON USE Section 1. General Purpose of the Property. The purpose of the Property thereon is to provide first class commercial facilities. Section 2. Commercial Purposes Only. The Lots may only be occupied and used for commercial purposes as may be approved by the Management Committee. It is expressly understood and agreed that Lots included within the Property are restricted, as provided herein or on the Plat, to certain classifications of uses. Hotels, automobile service stations, industrial or manufacturing operations, warehousing, and storage facilities including storage unit rentals are prohibited. Any time-sharing or any other similar arrangement, whereby the use of a Lot is in effect allocated between different persons for separate repeating time intervals, is permitted only upon express written consent of the Management Committee. Each Owner shall use or occupy their Lot in a manner consistent with all applicable Lincoln County rules and regulations. DECLARA TION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page II t!1 0- n4" ?:.'; "+..'.- '..,.. \,,0" ...... ..... ~"' Section 3. Use of Parkin~ Facilities and Roadwavs: Storage The Management Committee shall have full power and authority to regulate the parking and storage of cars and any and all motor homes, recreational vehicles, boats, bicycles, motorbikes, motorcycles, trailers and other similar vehicles and equipment, and to regulate the use of roadways by imposing and enforcing speed limits and other restrictions, all with full power and authority to impose and enforce (by special assessments thereunder or otherwise) fines and other penalties for violations of such regulations. Section 4. Certain Additional Restrictions. The following additional restrictions are applicable to any Lots which are sold to third parties by the Declarant. Each reference to "Owners" includes their tenants and invitees. (a) Keeping Outside Areas Clean and Sightly. The Owners shall not place or store anything within the Common Areas without the prior written consent of the Management Committee or its designee. All Owners shall keep their Lots in a reasonably clean, safe, sightly and tidy condition, except for reasonable activities during the construction of an authorized improvement. Refuse, garbage and trash shall be kept at all times in a covered container, and such covered container shall be screened from view at all times other than a specified regular time period for garbage pick-up. (b) Obstructing Common Areas. Owners shall not obstruct Common Areas. Owners shall not place or store anything within the Common Areas without the prior written consent of the Management Committee or its designee except in a Limited Common facility specifically designated or approved for such storage, (c) Illegal or Dangerous Uses. Without the prior written consent of the Management Committee, an Owner shall not permit anything to be done or kept on their Lot or in the Common Areas that would result in an increase in the cost of insurance or that would result in the cancellation of insurance with respect to all or any part of the Lots or that would be dangerous or in violation of any governmental law, ordinance or regulation. The discharge of fIrearms, firecrackers or fireworks is forbidden without the express written consent of the Management Committee. (d) Signs. Without prior written consent of the Management Committee, owners shall not pennit any sign of any kind to be displayed to the public view from their Lot or from the appurtenant Common Areas. Said restrictions shall not apply to the Declarant during the construction or sales period or to traffic signs, Lot designations, project designations or similar signs displayed by the Management Committee or the Declarant. (e) Animals. Owners shall not pennit animals or livestock of any kind to be raised, bred or kept on any Lot. Any animals pennitted to be kept on the Property at any time shall be restrained and controlled at all times so that they do not cause a nuisance to other Owners and do not harass or endanger wildlife. THE KEEPING OF ANY DOGS ON THE PROPERTY IS DISCOURAGED, AND STRICT DOG CONlROL WILL BE ENFORCED. Any dogs which are loose on the Property at any time may be impounded by the Management Committee and their release may be conditioned upon the payment of a fine or penalty, no matter who owns the dog. The public is hereby put on notice of this rule and of the potential effect if a member of the public pennits their dog to be on the DECLARA TION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 12 0004°"" .): .. ~~:~·-t'7.1 ,f ~j . . ....' ... Property at any time, whether or not they are aware of the whereabouts of the dog. (f) Obnoxious or Offensive Activities. Owners shall not pennit any obnoxious or offensive activity or nuisance to be carned on in or around their Lot or in the Common Areas. No light shall be emitted or reflected from any Lot which is unreasonably bright or causes unreasonable glare for any adjacent Owner. No unreasonably loud or annoying noses, or noxious or offensive odors, shall be emitted from any Lot. No snowmobile, motorcycle, or similar device shall be operated on the Property for recreational purposes. Motorcycles or similar vehicles may be used solely of roadway access to and from the Property. The Management Committee may tenninate the use of a vehicle on the Property if such vehicle is not strictly limited to access use. (g) Architectural Control. Except as otherwise expressly provided herein, no building, fence, wall, driveway, excavation or improvement of any kind shall be commenced, erected or maintained upon the Property or any Lot, nor shall any exterior addition to or change or alteration therein be made (including without limitation any closing in of a porch or balcony), by any Owner other than Declarant, until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the Site Committee, as to the Design Guidelines and the harmony of external design and location in relation to surrounding structures and topography. (h) Compliance with Rules and Regulations. Owners shall not violate any rules and regulations for the use of buildings on the Lots, Common Areas adopted by the Management Committee and furnished in writing to the Owners. Fines and other penalties for violations thereof may be imposed and enforced (by special assessment or otherwise) by the Management Committee for violations of such rules and regulations, and it is expressly understood that Owners may be held responsible for acts of their tenants and invitees. (i) Declarant's Use During Construction and Sale. As part of Declarant's program of development of the Property and to encourage the marketing of Lots, Declarant shall have the right, during the construction and marketing period and as an aid for marketing, without charge, to the use of Common Areas, Section 5. Lots--Reauirement of Development Pennit. No structure or improvement of any kind shall be erected, placed, altered, added to, reconstructed or pennitted to remain on or under the surface of any Lot, and no construction-activities or removal of trees, shrubs or other similar vegetation shall be commenced, until a written development pennit has been issued therefore by the Site Committee specifically authorizing such structure, improvement or activity. (a) Duplicate sets of plans and specifications for any proposed Lot improvement or alteration, shall be submitted to the Site Committee. Sufficient information shall be submitted to demonstrate compliance with all of the requirements of these covenants. Corner elevation data shall be provided with the plans to permit the Site Committee to review and coordinate grading and drainage approval. (b) The Site Committee shall review the ~lans and specifications as soon as practicable, and in any case within 21 days from th~ submission of complete plans and specifications and detennine if the proposed use or development conforms to the DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 13 ! I {~~OA'Q~' Iy;: ot,...: (."~_'. ow requirements of these covenants and the rules adopted by the Site Committee, The Site Committee may approve plans and specifications subject to any conditions or modifications which the Site Committee determines to be necessary in order to ensure conformity with the requirements of these covenants and such rules. The Site Committee shall retain one set of plans and specifications. The Site Committee shall set forth in writing, in reasonable detail, its reasons for rejecting any proposed structure or other improvement, promptly after written request by the applicable Owner for a statement of such reasons. Section 6. Development and Use Restrictions for the Lots. All development on and use of Lots shall conform to the Design Guidelines and the following requirements: (a) Provisions in Addition to County Land Use Regulations. Conformity with any and all applicable land use regulations of Lincoln County shall be required, in addition to the requirements of these covenants. In cases of any conflict, the more stringent requirements shall govern. (b) Authorized Use. Only commercial uses shall be permitted, as provided in Section 2 above. (c) Authorized Structures. No structure or improvement shall be constructed, placed or maintained on or under any Lot, except in full compliance with the design guidelines of the Site Committee which are in effect at the time pursuant to Section 7(c) below. (d) Construction. Construction shall be in conformance with the Design Guidelines. All construction shall be completed within one year from the commencement date of construction, unless the Site Committee approves an extension for good cause, not to exceed ten months in length. Each Owner hereby expressly agrees and stipulates that; (1) failure to complete construction of any structure or improvement within the time period provided herein will cause damage to the business and property values of each other Owner and to the Association; (2) the damages are not readily ascertainable; and (3) the agreed, stipulated and reasonable liquidated damages for failure to timely complete construction is the amount of Two Hundred Dollars ($200.00) per day payable to the Association for each day until construction is completed. (e) Utilities. Connections from Lots to the underground utility lines shall be completed at the applicable Lot Owners' expense, and shall be underground. (f) Temporary Structures Prohibited. No temporary structures, such as trailers, tents, shacks or other similar buildings, shall be permitted on any Lot, except during construction as authorized by the site CoIDßÙttee. (g) Maintenance. Each Lot and all structures and improvements thereon shall be maintained in a clean, safe and commercially attractive condition, subject to the sole discretion of the Site Committee. Boats, tractors, vehicles other than automobiles, campers, whether or not on a truck, snow removal equipment, and garden or maintenance equipment, and any outside display merchandise or products shall be kept at all times, except when in actual use, within an enclosed structure. Refuse, garage and trash shall be kept at all times in a covered container, and any DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 14 000· !'.Qt1 L.. ""'-" r.~. ~... _. such container shall be kept within an enclosed structure or appropriately screened from view. Service and storage areas shall be appropriately screened from view. No lumber, grass, shrub or tree clippings or plant waste, metals, bulk materials or scraps or refuse or trash shall be kept, stored or"allowed to accumulate on any Lot. The Site Committee may provide written notice of any violation of this provision to Owner, specifying the nature of the violation and the deadline for correction. If the violation has not been corrected by the written deadline, the Association is authorized, but not obligated, to enter onto the Lot and correct the violation. All expenses of the correction shall be assessed against the Owner and the Lot in accordance with Article XIII. Section 7. Site Committee. (a) General. The Site Committee shall consist of up to five natural persons appointed by the Management Committee for two year terms. Ownership of a Lot is not required for membership on the Site Committee. The Site Committee shall adopt such rules for the conduct of its business as it deems appropriate. Notwithstanding any other provision to the contrary contained in these covenants or the charter or by-laws of the Association, the Declarant shall be entitled to appoint a majority of the members of the Site Committee until the expiration of a period of twenty years after the date of this Declaration. (b) Authoritv and Duties, The Site Committee shall be responsible for the administration of the requirements of these covenants set forth in Section 5 above relating the issuance of development pennits. The Site Committee shall meet from time to time (by conference telephone call or directly) as necessary to administer its duties. (c) Design Guidelines. The Site Committee shall have full power and authority to enforce the Design Guidelines to carry out the purpose and intent of these covenants, to provide for landscaping, to protect the property values of Lot Owners and to insure that incompatible development does not occur. All Lot use and development shall conform to any additional design and landscaping guidelines adopted by the Site Committee, in addition to the other provisions of these covenants. The Design Guidelines may be amended by the Members in accordance with the procedures set forth in Article XIV below. Section 8. Variances (a) General. The Site Committee may authorize variances from compliance with any of the Covenants contained in this Declaration or any Supplemental Declaration when circumstances such as topography, natural obstructions or hardship, unique to the Lot, may require; provided, however, that such variances shall be authorized in conformity with the intent and purposes of this Declaration and provided further that in every instance such variance will not be materially detrimental or injurious to the other property covered by this Declaration. Such variations must be evidenced in writing, and contain a detailed explanation of the reasons for such variation. Economic or financial issues shall NOT be a hardship for the purpose of a variance. DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 15 00049~~ (b) Notice. Notice of all applications for variances must be given by the Owner/Applicant (or at applicant's cost) to all Lot owners at least thirty (30) days prior to any action by the Site Committee with regard thereto. All Owners are entitled to submit written comments with regard to all variance requests, and copies of all such comments must be provided to the Owner/Applicant at least two (2) days before final action by the Site Committee on the variance request. (c) Effect. If a variance is granted by the Site Committee, no violation of the Covenants contained in this Declaration or the provisions, covenants, conditions and restrictions contained in any Supplemental Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted if the action or improvement complies with the variance. The granting of such a variance shall not operate to waive any of the covenants contained in this Declaration or the provision, covenants, conditions and restrictions contained in any Supplemental Declaration for any purpose except as to the particular property and particular provision covered by the variance. Grant of a variance to one Owner shall not be relevant to the decision on variance request by other Owners. ARTICLE VII MAINTENANCE. ALTERATIONS AND IMPROVEMENT Section 1. General Maintenance. etc. The maintenance, alteration, replacement and repair of any Common areas shall be the responsibility of the Management Committee, subject to Section 2 below. Section 2. Access: Certain Additional Improvements. The Management Committee or manager shall have the irrevocable right to have access to each Lot from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of any of the Common Areas and facilities or for making emergency repairs necessary to prevent damage to the Common Areas and facilities or to another Lot, although there shall be no affmnative duty to do so. Each Owner shall on request deposit a key to the buildings on a Lot with the Management Committee or its agent to be used for emergency access. The Declarant reserves full rights, but not the obligation, to conduct landscaping activities on the Property, and to implement additional improvements (including without limitation fencing, pathways, signs, outdoor lighting and maintenance sheds) on the Property in the future without the requirement of obtaining the consent or other authorization of the Association, the Management Committee, the Site Committee or the Owners. ARTICLE VIII LEASING OF LOTS All leases of Lots shall be subject in all respects to the provisions of this Declaration and failure of the lessee to comply with the tenns of this Declaration shall be a default under the lease and shall be enforceable against the lessee directly by the Association, but without limitation of any other rights of the Association. DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 16 ,n4'\.O 50',\\ ~U;~:, . \:,d· ARTICLE IX CONVEYANCES. EASEMENTS Section 1. Description of Lots. Every deed, lease, mortgage, instrument of conveyance or sale, or other instrument affecting title to a Lot may describe the unit by its identity number as set forth in the Map with appropriate reference to said Map and this Declaration, its identity number as set forth in the Plat or Map, as each shall appear on the records of the Clerk of Lincoln County, Wyoming. Every such description shall be deemed to convey, transfer, encumber or otheIWise affect the Owner's corresponding percentage of undivided ownership in the Common Areas as a tenant- in-common, as set forth her, also incorporating all rights and limitations incident to Ownership described in this Declaration, even though the same are not exactly mentioned or described. ARTICLE X CERTAIN ADDITIONAL COVENANTS AND AGREEMENTS The following covenants and agreements are made a part of this Declaration and may not be amended or deleted without the consent of the Lincoln County Board of Commissioners: (a) Any perimeter fencing of the Property shall be coordinated with the Wyoming Game & Fish Department. It is understood that under the present standards, such fencing must have a wooden rail at the top, not more than 38 inches from ground level. (b) It is expressly understood and agreed by the Declarant and by each owner, and by any other person or entity having an interest in the Property at any time, that (i) the use and development of the Property involves potential conflict with wildlife, and that the Wyoming Game & Fish Department will not be financially liable for any damage or losses caused by wildlife, (ii) any irrigation ditches and wateIWays within the Property are subject to rights of access, maintenance and usage by certain downstream users and other persons, and future owners of Lots other than Declarant will have no such rights and (iii) any dogs on the Property at any time will be subject to strict dog control rules and regulations adopted by the Management Committee, and Owners will be subject to fines and other penalties for any violations thereof by an Owner or his tenants or invitees. (c) It is recognized by the Declarant and the Owners of any Lot within the Property, that wildlife species live on or migrate through the Property during various times of the year. The following limitations on use and development are intended, in addition to all the other requirements of these covenants, to protect, preserve and maintain the existing wildlife habitat on the Property: (1) Dogs and other domestic animals (other than cats) shall be controlled and restrained at all times, and shall not be allowed to run at large on any portion of the Property. A fine of $10.00 or more shall be imposed by the Association for any Owner cited by the Association for a violation of this requirement, and fines. may also be imposed by applicable Lincoln County authorities for violations of dog control laws. (2) No hunting or shooting of guns shall be allowed outdoors on the Property at any time. DECLARA TION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 17 of) fl Or.:. rn"~ ~g. '\...:' .. v' .,~.~ ..',..~ : (3) Perimeter fences must be constructed in accordance with appropriate standards prescribed by the Wyoming Game & Fish Department, as set forth in (a) above. (d) No mining or other mineral extraction or development activities shall be pennitted on the Property at any time, including the removal of gmvel for any purpose other than construction or maintenance of permitted improvements. ARTICLE XI NOTICES Any notice pennitted or required to be delivered as provided herein may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to be delivered forty-eight (48) hours after a copy of the same has been deposits in the U.S. mail, postage prepaid. Notice to owners for any purposes shall be addressed to each Owner as set forth in Article II, Section 4 above. Unless othelWise notified in writing, notice to the Management Committee shall be addressed to: Management Committee, Alpine Commercial Owners Association, P,O. Box Alpine, Wyoming 83_. ARTICLE XII NO WAIVER The failure of the Management Committee or the Site Committee or its agents to insist, in one or more instances, upon the strict perfonnance of any of the tenns, covenants, conditions, or restrictions of this Declaration, or to exercise any right or option herein contained, or to serve any notice or to institute any action shall not be construed as a waiver or a relinquishment, for the future, of such tenn, covenant, condition or restriction; but such tenn, covenant, condition or restriction shall remain in full force and effect. The receipt and acceptance by the Management Committee or the Site Committee or its agent of the payment of any assessment from an Owner, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Management Committee of any provision hereof shall be deemed to have been made unless expressed in writing and duly signed by' or on behalf of the Management Committee or the Site Committee, as the case may be. ARTICLE XIII ENFORCEMENT Each owner shall strictly comply with the provisions of the Declaration, and the house rules and administrative rules and regulations and decisions issued by the Management Committee and the Site Committee. Failure to so comply shall be grounds for an action to recover sums due for damages or injunctive relief or both, or any other remedy allowed by the Act, other statutes or common law, maintainable by the Management Committee or its designee on behalf of the Association or by Declarant or in an appropriate case, by an aggrieved Owner. Any violation of the provisions of the Declaration or any related rules or regulations is declared to be and shall constitute a nuisance and may be abated by Declarant or the Management Committee. Such remedy shall be deemed cumulative and not exclusive of others. The Association shall be entitled to payment of all attorneys fees incurred by the Association (or the DECLARA TION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 18 ^CO 5-^·'" \/.;:. ¡. . . V·II·" Management Committee or Site Committee), payable by an Owner or lessee intOOOSO.:~ violation of this Declaration or any such rules or regulations. In addition, upon any failure of an Owner to pay when due any assessment for common expenses or any other assessment, the Management Committee may seek any remedy provided in this Declaration, the Act or otherwise available at law or equity. Unless specifically a reed in writing, liability for payment of assessments shall be joint and several. against any and all persons and/or entities holding or claiming any ownership or leasehold interest in the Lot concerned. ARTICLE XIV AMENDMENTS Section 1. Amendment bv Owners. (a) Except as required by law, the Act, or as provided in clause (b) below or Article X hereof, the provisions of this Declaration may be amended by the vote of those holding at least two-thirds (2/3) of the votes of the Members in the Association. Any amendment so authorized shall be accomplished by recordation of an instrument executed by the Management Committee, In such instrument said Committee shall certify that the vote required hereby for amendment has been duly obtained. The Map and the Plat may be supplemented, amended and modified from time to time by the Declarant in its discretion without the requirement of any consent or other action by the Owners. (b) Notwithstanding anything to the contrary contained in the Declaration, and no amendment of any provisions hereof which adversely affects the Declarant may be adopted without the express written consent of Declarant ARTICLE XV GENERAL PROVISIONS Section 1. Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability of any other provision herein. Section 2. Captions, Gender and Grammar. The captions in this Declaration are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Declaration or any provision hereof. The singular wherever used herein shall be construed to mean the plural whenever applicable or vice versa and necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, etc, shall be assumed in each case as though made. Section 3. Govenúng Law. This Declaration shall be governed by and construed in accordance with the laws of the State of Wyoming. DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION Page 19 ARTICLE XVI EFFECTIVE DATE This Declaraûon shall take effect when recorded ·with the Clerk of Uncoln County, Wyoming IN WITNESS WHEREOF, the undersigned Declarant has executed this instrument as of the day and year first above written. Alpine Development Group, LLC, a Wyoming limited liability company Attest: ~~ ~ S STATE OF WYOMING ) ) ss. ) COUNTY OF TETON On this day of 200_. before me personally appeared , to me personally known, who, being by me duly sworn, did say that s/he is the of , Inc., and that said instrument was signed on behalf of said corporation by authority of its Board of Directors, and said acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and seal the date fIrst above written. SEAL Notary Public DECLARATION OF CONVENANTS, CONDITIONS AND RES'fRICfIONSFOR SNAKE RIVER JUNCTION . Page 20 IO~Or.;Ol1 V \1\..;;- '-":~ ~~. 0005Ú!; STATE OF California COUNTY OF San Luis Obispo On November 30. 2006 before me, A. Clark. Notary Public (Name of Notary Public) personally appeared BFãdle'¡ C. VemeFl ¡FIg. Damien Mavis personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Áv~ (Sign~otary Public) -- ,.J'Io....JI\o..J'It...~ ~ ......J"Irt....A........A..-..A. JIIIIo..1 ,.. A. CLARK , o COMM. #1698066 ~ CJ . NOTARY PUBLIC· CALIFORNIA G> ~ SAN LUIS OBISPO COUNTY .0 COMM. EXPIRES NOV. 8, 2010 ... (This area for notarial seal) (notary)(07-02) j(') no· r= Of".> ~..; It/.; ';;,).. '."'¡¡ Design Guidelines for Snake River Junction Commercial Area (Lots 1 - 5) I. Intent and Purpose For the design of buildings within this commercial area, the intent is to create a cohesive and attractive presence that acts both as a gateway for the internal commercial and residential community as well as an appropriate part of the larger city fabric. All signage, landscaping, parking and lot development shall be designed to contribute to the overall appearance of the commercial area. The buildings themselves are meant to be a responsible addition to the natural landscape with their highway frontages presenting an appropriate public face to the greater community. These Design Guidelines are a part of the Declaration of Covenants, Conditions and Restrictions; (CCRs) for Snake River Junction Commercial Area. The Design Guidelines may be amended in accordance with Article XN of the CCRs. Additional Lots in Snake River Junction may be made subject to these Design Guidelines by express declaration. II. Landscaping All Landscaping shall be installed by each owner at their expense, but maintained by the Owners Association as Limited Common Area. The Owners Association shall have the authority to collect afld allocate funds for this task. The parking lots shall largely be screened from adjacent properties and the public highway by vegetation strategically planted around parking lot , borders and within landscaped islands. Landscaped islands shall be designed to provide I , maximum aesthetic value, yet simple in shape to facilitate parking lot snow removal. Additionally, all the required building setback areas, parking setback areas, and public rights-of- I way (not being used as driveways or parking areas) including highway setbacks shall be landscaped and maintained as usable open space. Landscaping shall not interfere with easy pedestrian travel on designated pathways and corridors. A'\ ~ tf'!!o I:' 0 "'.'~ IU 'I.,i' V ~ 'I,~ " A. Landscape Plan: A landscape plan shall be included in thf site design and submitted to the Site Committee for review. Appropriate landscaping w'lll playa major role in the overall aesthetic of the area. It is imperative that each site de otes sufficient space to the landscaping. No site shall be developed without an approve landscaping plan, and the Site Committee may require a deposit to insure completion 0 the landscape plan. B. Dimensional Standards: 1. Pedestrian Areas: Plant materia shall not overhang sidewalks at % of the plant's mature size. Plant material adjacent to idewalks and entrances shall not exceed a mature height of 3' -0" within 3' -0" of the edg of pavement. Building entrances shall maintain clear visual access, and plant material Stall not provide hiding or loitering opportunities. Plant bed mulch material adjacent of walkways shall be shredded hardwood mulch. Loose rock mulch shall not be within 3' 0" of pavement edge. 2. Building Foundations: Plant m erial shall be placed along building foundations to compliment building architecture. PI nt material shall not visually impede windows or doorways. Twenty-five percent (25%) of all foundation planting shall be broadleaf or conifer evergreen. 3. Parking Area: Plant material sh 11 not impede visual site lines between 3'-0" and 9' -0". Plant material shall not be within 2' -0" of pavement edge at % maturity. C. Plant Material: Plant material shall soften the impact f new improvements on the site; preserve and enhance existing landscape patterns; mi imize the attraction of wildlife; and be of native varieties. A Native Landscape Plan Material Guide is available from the Site Committee. Design Guidelines for Snake River J nction Commercial Area (Lots 1 - 5) Pa e2 / 00050;~~i D. Irrigation Systems: All Landscape and turf areas shall be watered utilizing automatic underground sprinkler systems. All shrub area shall utilize drip irrigation to minimize water consumption. III. Signage Every structure and commercial complex should be designed with a precise concept for signage integrated with the building design. Provisions for sign placement, sign scale in relationship with the building and sign readability should be considered in developing the signage concept. All signage shall be highly compatible with the building and site design relative to color, size and style of text, materials and placement. Prior to the installation of any signage on a Lot, or on designated common signage areas, the Owner shall obtain written approval from the Site Committee. The following considerations shall be addresses in any request for sign approval. Signage shall be designed so that it is not overly intrusive. No signs shall have animated, intermittently illuminated (flashing), or neon lights. There will be no signs projecting beyond or cantilevered from buildings. Banner signs, A-frame signs, signs with moving parts, or signs painted directly upon a building's exterior finish are not allowed. The lighting of signs shall avoid any glare into neighboring buildings or any glare that would create a traffic hazard. All signs will be installed to ensure structural stability against wind and seismic forces. Signs shall not interfere with any vehicular or pedestrian traffic. Any temporary signage shall abide by local regulations, Each property shall have appropriate signage to give directions to loading and receiving areas, visitor parking and other special areas. In terms of signage dimensions, each building's street façade shall be allowed signage not exceeding in a combined way a maximum of 60 feet square feet in area. This includes buildings containing multiple offices or businesses. Such signage shall be wall-mounted or hung perpendicular from such architectural features as porch roofs or balconies, etc. No wall mounted sign shall project above the top plate line of the building to which it is attached. No sign shall extend past the perimeter boundaries of a building's elevation (i.e. the roof or side walls). Design Guidelines for Snake River Junction Commercial Area (Lots 1 - 5) Page 3 "'~orOQ' \U 'l.1i . ;;:jJ . ..,r All freestanding monument signs shall abide by a fifteen (15) foot height restriction and shall be set back a minimum of five (5) feet from the property line. Freestanding signs shall be limited to the entrance of each commercial lot, and shall not exceed fifty (50) square feet of surface area. One address sign, including a set of numbers shall also be allowed for each permitted office or business. The coloring and material of all signs and lettering is to adhere to the colors and exterior materials standards mentioned above. Any signs declared abandoned or dangerous shall be removed. IV. Parking, Loading, Roadways Required parking lots shall be constructed by the owners at their expense, but maintained by the Owners Association as Limited Common Area. The Owners Association shall have the . authority to collect and allocate funds for this task. Required off-street parking for each Lot must be accommodated within the same Lot as the use it is intended to service. The design intent is to have smaller parking lots serving one or two of the commercial properties. Common driveways, shared by neighboring lots, are encouraged. A continuous curb, gutter and six (6) foot wide sidewalk will be constructed by the developer within the road lot #6 right of way, along the entire road frontage of lots 2, 3, 4, and 5. No curb, gutter, or sidewalk will be installed by the developer on Lot 1. Parallel parking will be provided within road lot #6. The spaces or fraction thereof along each Lot's frontage on the road may be counted towards its required number of parking spaces. Design Guidelines for Snake River Junction Commercial Area (Lots 1 - 5) Page 4 Ofl/l"'!\r.:-.,¡;¡ /"1- ~U.¡ ~, 'f,J -~, .1J.. \~y All parking areas shall be set back from the side and rear lot lines a minimum of five (5) feet, unless there is a shared parking arrangement between adjacent lots. All off-street parking shall have access from a public road or alley; all spaces, aisles, turning and backing areas shall not encroach on any roads or public rights-of-way. Ingress, egress, internal traffic circulation, off-street parking and loading areas and pedestrian paths shall be designed so as to promote safety and convenience, including provision of safe sight distances at all intersections. Parking areas shall be separated from structures by either a raised concrete walkway or landscape strip. Shared parking between adjacent businesses is highly encouraged whenever practical. A parking space shall consist of an area not less than one hundred eighty (180) square feet, with a minimum width on nine (9) feet and a minimum depth of twenty (20) feet. Parking driveways and aisles shall be a minimum of 22'-0" in width. A minimum of one (1) handicapped accessible parking stall shall be provided, and then at a rate of one (1) additional handicapped space per twenty-five (25) parking spaces. The front two (2) feet of parking space may project into landscaped area or walkways provided this will not endanger visibility, the automobile, or pedestrians; and provided an adjacent walkway is not reduced to less than four (4) feet in width. Parking spaces shall have a minimum vertical clearance of seven (7) feet. Queuing space shall be a minimum of twenty (20) feet in length and ten (10) feet in width, and shall be contained on site without encroaching into any public right-of-way. Each lot shall provide the number of spaces required by the Lincoln County guidelines for its use. All off-street parking areas and roadways shall have a compacted all-bituminous concrete (ABC) base, not less than four (4) inches thick, and paved with asphaltic materials of sufficient grade so that there will be no impoundment of surface water. Design Guidelines for Snake River Junction Commercial Area (Lots 1 - 5) Page 5 OOrr:-.r;:1'~1 - ... \""'U'.~.......:{.., 6' cu~a &IDEWALþ<; 4'· . 10'·0' EA'E rive f'AF<t<:ING A A V. Lot Use and Site Design A. Setbacks and Building Envelopes: All building envelopes shall maintain ten (10) foot minimum setbacks from the side, and rear Lot boundaries. The minimum (10) foot and maximum twenty-five (25) front setback shall be measured from the curb face. If more than one building is built on site the most prominent building must abide by the front setback. Lots 1 and 5 shall maintain a twenty-five (25) foot setback adjacent to U.S. Highway 89, or comply with the Wyoming Department of Transportation minimum setback, which ever is greater. The buildings should be orientated towards the front of the Lot and the road. The space within the setback shall be landscaped. Building siting within the building envelope shall encourage the preservation of open space and shall endeavor to compliment neighboring Lot development. Buildings shall be situated to encourage pedestrian traffic between lots along the sidewalk. B. View Corridors: To maintain the character of the community and provide opportunities to view the unique landscape, the Site Committee may require orientation to maximize the greatest amount of open space, and quality visual sight lines form neighboring Lots. Design Guidelines for Snake River Junction Commercial Area (Lots 1 - 5) Page 6 o'.nor;~ ,.,,, IU, v -v.~ ".....11"" C. Floor Area Ratio (EA.R.) A maximum floor area ratio of forty percent (40%) shall be required within the commercial lots - this meaning that the ratio of the gross floor area of the buildings within a single property cannot exceed forty percent (40%) of the total site area within each property boundary. A minimum floor area ratio of fifteen percent (15%) shall also be required. Variances may be granted for phasing or extenuating circumstances. The goal is to establish a pleasing density where buildings fit their property, not looking either too crowded or two scattered. VI. Building Design A. Building Height To maintain architectural consistency, the buildings in this commercial district (lots 1-5) shall have a maximum building height of thirty (30) feet. This is defined as the distance from the top of finished grade to the highest point of a building's roof structure (not including mechanical device enclosures such as elevators or air conditioning units, etc.). Existing grade can be raised no more than eighteen inches (18") or more than twelve inches (12") from the adjacent curb of the road servicing the property. No significant alteration of the existing Lot topography will be permitted. x .. I: ~ ~ ¡¡ I: ~ D I: j¡ ~AD CUR8 BUilDING FINI5I<ED GRADE EXAMPLE PEIõ!IMETEIõ! COMMEIõ!CIAL eulLDING B. Building Mass In terms of the mass of the individual buildings, the intent is to create structures that are proportioned both appropriately to their site as well as to the scale of the intended Design Guidelines for Snake River Junction Commercial Area (Lots 1 - 5) Page 7 (Joorf~ ,f'1, . .. ~~. . ,. ,,)¡ :li f~~; ." . ~'- "wi' ~"',,.. ~ use. A building's mass should be broken up in order to reduce its apparent form and to add visual interest. Additionally, more massive levels or sections of a building should be located beneath the less massive or visually lighter sections. In this way, a second story does not appear heavier then the structure that support its. Roof lines are to be simple yet dominant, possessing a clear hierarchy of form. The largest roofs shall be over the most significant parts of the building with the lesser roofs cascading from the main volumes. Steep hipped roofs are strongly discouraged and may only be considered if adequate presentation is reviewed and approved on a case by case basis. EXAMPLE eulLDING MASSiNG C. Balance / Proportions: The building facades are to be broken up or differentiated through the organized use of fenestration, banding, cornices, canopies, eaves, color or material changes, or other façade articulations (which add depth, shadows and relief). Unbroken expanses of a single siding material or a single monolithic built volume will not be permitted. Despite the use of such differentiations, the building façade is to maintain an overall balance with its varied elements remaining in proportion to the whole. External projections, such as cornices, canopies, eaves, decks and balconies may not extend more than two (2) feet into a front, side or rear setback. Patios which are at grade, however, may extend further provided there is agreement with the neighboring property and the patio maintains a setback of five (5) feet from all property lines. D. Entrance: The entry to each business shall be very clear, possessing some hierarchy over other façade elements. This could be accomplished with the addition of an awning or Design Guidelines for Snake River Junction Commercial Area (Lots 1 - 5) Page 8 ^.n.~r::~ /~ \iJ- '"'~. \Ji '\..i' ¡ "~I.", icJ.: other overhang, and/or and adjustment of color or materials surrounding the mam entrance. E. Exterior Materials: In regard to exterior materials, the intent is to create buildings that harmonize with their natural setting and do not create visual irritations or distractions. The emphasis will be on a high quality appearance and materials, creating a first class commercial district. Traditional Rocky Mountain architecture shall be encouraged, but not mandated. Unconventional, futuristic and atypical architectural treatment is prohibited. The façades of the buildings shall be non-reflective and shall be of natural materials such as wood, brick, stone or metal. Materials possessing strong natural texture are preferred. In the case of metal, its use as a wall cladding material will be limited to a maximum of thirty- five percent (35%) of a building façade (as calculated by the square footage of all exterior wall surfaces) and the metal shall be either painted, anodized or oxidized to a non- reflective finish. Exposed concrete masonry units or bare concrete walls will not be permitted as façade elements. No residential vinyl or aluminum siding will be allowed. Also, no vinyl awnings will be permitted. Glass can be used - up to a maximum of thirty percent (30%) of a façade, provided any large window surfaces (over forty-eight (48) square feet) are subdivided with structural members or muntins. Metal roofs will be permitted, provided they are non-reflective. They must also be designed so they do not shed snow onto pedestrian or parking areas. F. Colors The exterior colors used for the building are limited to earth tones found in the natural landscape or colors natural to the materials mentioned above. (i.e. natural wood, stone or metal). These earth tones include the basic colors of brown, gray, red, orange, yellow, green and blue. White is also permitted as well as colors found in traditional Rocky Mountain architecture. Day-glo, luminescent, iridescent, neon or similar colors are not permitted. Design Guidelines for Snake River Junction Commercial Area (Lots 1 - 5) Page 9 ~QßÌ\~o1: ".... ij If.".' . "_6", .f,;1 ..,., ... . ... ._.. ..,,.,~f,. G. Lighting All architectural lighting shall be hooded, and arranged so that the light source is not easily visible from any street or adjoining property. Flickering or flashing lights will not be allowed. Also searchlights, laser lights, neon lights, and holograms will not be permitted. VII. Additional Considerations A. Public Restrooms: Each commercial property is to have at least one public restroom. Such facilities are to be maintained and kept open during business hours with appropriate signs upon each entrance. Their location, number and size shall be in accordance with applicable laws, including the Americans with Disabilities Act. B. Storm Water Drainage Systems: Lot 6 is intended to receive some runoff from Lots 1-5. The grading and drainage approval process through the Site Committee will coordinate drainage for the commercial area using the following principles: Each Lot shall retain storm water runoff from impervious surfaces within its boundaries. No runoff originating from within a Lot shall be allowed to flow to adjacent properties. Most runoff shall be collected onsite in a retention pit to be discharged into the ground. These retention areas may be incorporated into landscape features. c. Water, Sewer and Trash Storage: Each structure designed for human occupancy shall be connected with water and sewer facilities. No private wells or sewer systems shall be used. Each Lot shall have receptacles for the temporary storage and collection of refuse. The handling of trash shall be noted on all site plans. All trash receptacles shall be screened from public view as well as from neighboring residential properties, and be protected from disturbance. The receptacles shall be entirely enclosed, with the side facing the street or alley gated Design Guidelines for Snake River Junction Commercial Area (Lots 1- 5) Page 10 .o.n... Or;1i ¡r;, '1.i! "t." "",,, ~ . wherever feasible. Enclosures shall be of similar material and color to the buildings, with a maximum height of six (6) feet above grade. No fences are to be installed for screening between properties or around the perimeter of a lot. This is to maintain wildlife migration patterns as much as possible. All trash receptacles shall have secured lids discouraging wildlife access. The refuse storage area shall be accessible by collection vehicles and should be incorporated into building design whenever possible. Additionally, no trash is to be stored or placed within any front setback areas, but must be located within side or rear setback areas. D. Site Lighting: Parking lot lighting shall be provided by each lot owner. All lighting shall be hooded, and arranged so that the source of light is not directly visible from any street or adjoining property. Light fixtures shall be mounted a maximum of fifteen (15) feet in height above grade. Lighting shall be used to provide illumination for the security and safety of on- site area such as parking, loading, shipping, and receiving, pathways and working areas. The design of light fixtures and their structural support should be architecturally compatible with the main structures on site. All building entrances shall be well lighted. E. Snow Storage: Adequate on-site snow storage areas shall be developed to accommodate snow removed from off-street parking and loading areas or from elsewhere on the Lot. A minimum Lot area representing twenty percent (20%) of the total required off-street parking and loading area, inclusive of all access drives, shall be provided for snow storage. Required yard setbacks and open space may be used to accommodate snow storage. However, the stored snow shall not restrict access or circulation, obscure building entrances, nor create a visual obstruction for motorists or pedestrians by blocking vehicular or pedestrian sight lines. A maximum of fifty percent (50%) of the required snow storage space may be sited in the off-street parking and loading areas. All off-street parking and loading areas shall be maintained adequately for all weather use and be properly drained. Snow storage area shall be located and developed to be Design Guidelines for Snake River Junction Commercial Area (Lots 1- 5) Page 11 ¡f )oo· r:; (~ ...,;:~ ~I,} " j~"". ,;' compatible with snow removal options. The Association will develop a snow removal and plowing plan with input from each Owner. F. Pedestrian Paths A goal for the overall site design of Snake River Junction is to provide for a multitude of pedestrian pathways that connect throughout the mixed-use community. Pedestrian sidewalks shall be installed to support and encourage safe pedestrian access to each Lot, as well as between neighboring Lots. Lots 2, 3, and 4 shall identify at least one future pedestrian connection path, five (5) feet wide on their eastern property boundary. Lots I and 5 shall cooperate to build pedestrian trails, at the developer's expense, within the twenty-five (25) foot setback from U.S. Highway 89. Sidewalks and parking areas shall be designed whenever possible so that pedestrians walk parallel to moving cars. All pedestrian sidewalks shall comply with the American with Disabilities Act. Pedestrian circulation patterns shall provide clear and identifiable crosswalk locations. Crosswalks shall be delineated through ASHTO standard crosswalk vinyl tape, or color and paving pattern delineation. Sidewalks shall be a minimum of five (5) feet wide. Pedestrian crosswalks shall be a minimum of eight (8) feet wide. Sidewalks, pathways and safety devices may be maintained by the Association as Limited Common Areas for the benefit of all Lot owners. Design Guidelines for Snake River Junction Commercial Area (Lots 1 _ 5) Page 12