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000329
FIRST AMENDED & RESTATED DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
SNAKE RIVER JUNCTION COMMERCIAL AREA
RECEIVED 8/29/2007 at 9:20 AM
RECEIVING # 932575
BOOK: 670 PAGE: 329
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
TABLE OF CONTENTS
000330
1. Purpose............ ......................... ............................................... ...... .......... ......... ............... 4
2. Declaration...................................................... .................................... ..... ......... ........... .., 4
ARTICLE I ..... ............................... ............................... ...................... ................ .......... ....... ..,........ 4
DEFINITIONS...................................................................................................................... ...... 4
Section 1. "Association" .......................................... .......... ............... ................ ..... .......... 4
Section 2. "Property" ...................................................................... .... ............................. 4
Section 3. "Plat"................................................. ................ .................... .......................... 4
Section 4. "Project"... .......................................................... ................... ................. ......... 4
Section 5. "Lot" or "Lots".................................................. ............ ........................ .......... 4
Section 6. "Common Areas" and "Limited Common Areas" ..........................................4
Section 7. "Owner" or "Ownership" ........... ........................ ....... ............... ................ ....... 5
Section 8. "Members" ....................................... ......................................... ......... ............. 5
Section 9. "Declarant" .................................... ................... ..... .... ..... ....... ..................... ..... 5
Section 10. "Management Committee"............................... .......... ............................ ......... 5
Section 11. "Site Committee" ............................................................................................ 5
Section 12. "Design Guidelines"....................... ............................... ..,.. .............. ............... 5
ARTICLE II....................................................................................,....................................... ........ 5
DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS .................................... 5
Section 1. Development Rights of Declarant................................................................... 5
Section 2. Special Declarant Rights............................................. .................................... 5
Section 3. Transfer of Special Declarant Rights ..............................................................6
ARTICLE 111................................................................................................................................... 6
THE ASSOCIATION ................................................................................. ................................ 6
Section 1. Meulbership ................. ........................................................ ........ ........... ........ 6
Section 2. Voting..................................................................... ....... ....... .............. ............ 6
Section 3. Management Committee.................... ................................. ........................ .... 6
Section 4. Meetings of the Association............. ........ ........... ...................... ........... ........... 7
Section 5. Committee Officers.......................................................... ....... ..... ......... .......... 8
Section 6. Other Matters............................................................... .............. ..................... 8
ARTICLE IV.. ....... .......... ......... ................ .... ...................................... ............ ....... ............ ...... ... .... 8
STATUS OF OWNERS; MANAGEMENT COMMITTEE.................................................. 8
Section 1. Legal Status.......... ...................................................... ............ ......................... 8
Section 2. Management of Association and Property...................................................... 8
Section 3. Powers and Duties of Management Committee.............................................. 8
Section 4. Delegation of Powers ...........................................................................,..........9
Section 5. Limited Liability of Management Committee .............................................. 10
Section 6. Indelnnification................................................................ ....... ...... ................ 10
Section 7. No Amendment without Consent.................................................................. 10
ARTICLE V.................................................................................................................................. 10
PERCENTAGES OF UNDIVIDED INTEREST IN COMMON AREAS .............................. 10
ARTICLE VI ................................................................................................................................ 10
ASSESSMENTS........................................ ............................. ................................. ................. 10
Section 1. When Assessments Commence. .................................... ....................... ........ 11
Section 2. Shares of Common Expenses........................................................................ 11
Section 3. Payment of Assessments; Lien Created........................................................ 11
Section 4. Rights to Collect From Tenant...................................................................... 12
ARTICLE VII........................................................................................................................... .... 12
PURPOSE OF THE PROPERTY, AND CERTAIN RESTRICTIONS ON USE ................... 12
Section 1. General Purpose of the Propeliy.......................................... .......... ............... 12
Section 2. Commercial Purposes Only .......................................................................... 12
Section 3. Use of Parking Facilities and Roadways; Storage ........................................ 12
Section 4. Certain Additional Restrictions..................................................................... 12
Section 5. Lots - Requirement of Development Pennit ................................................ 13
Section 6. Development and Use Restrictions for the Lots. .......................................... 14
Section 7. Site Committee..................................................... .............. .... .......... ............. IS
Section 8. Variances.............................................. ........................ ........... ............ .......... 15
ARTICLE VIII.............................................................................................................................. 16
MAINTENANCE, ALTERATIONS AND IMPROVEMENT................................................ 16
Section 1. General Maintenance.................................................................................... 16
Section 2. Access; Certain Additional Improvements ................................................... 16
000331.
ARTICLE IX .............................................................................................................................. .. 16
LEASING OF LOTS ........... .......... .................................... ............. ....... ......... ............... ........... 16
ARTICLE X.................................................................................................................................. 16
CONVEYANCES, EASEMENTS.......................................................................... ................. 16
Section 1. Description of Lots .......................................................................................16
ARTICLE XI ......................................................................................................,.......,............... .. 16
CERTAIN ADDITIONAL COVENANTS AND AGREEMENTS......................................... 16
ARTICLE XII............................................................................................................................... 17
NOTICES....................................................................................................................... ........... 17
ARTICLE XIII.............................................................................................................................. 17
N 0 WAIVER..............................................................................................................,............. 1 7
ARTICLE XlV........... ......... ...... ....... ........... ... .... ............ ................... ... ............ .... ...... ................ .,. 17
ENFORCEMENT..................................................................................................................... 17
ARTICLE XV....... ............... ....................................................... .... ..................... ...... ..... .............. 18
AMENDMENTS ,.........................,........................................................................................... 18
Section 1. Amendment by Owners................................................................................ 18
ARTICLE XV!....... ........ .............................. ..................................................... ............ ......... ....... 18
GENERAL PROVISIONS...................... ................... .......... ................ ......... ........ ................... 18
Section 1. Severability.......... .................... .............................................. ......... ..... ......... 18
Section 2. Captions, Gender and Grammar ................................................................... 18
Section 3. Governing Law............... ..................... ................. .............. ......................... 18
ARTICLE XVII............................................................................................................................ 18
EFFECTIVE DATE.................................................................................................................. 18
FIRST AMENDED & RESTATED DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
SNAKE RIVER JUNCTION COMMERCIAL AREA
000332
This First Amended and Restated Declaration of Covenants, Conditions and Restrictions for
Snake River Junction Commercial Area (occasionally refen"ed to hereafter as "this Declaration")
regulating and controlling the use and development of real property, is made by the Declarant
and the owners of at least 2/3rds of Lots 1 through 6 within the Snake River Junction First Filing,
Plat No. 294-A filed of record in the Office of the County Clerk for Lincoln County, Wyoming.
1. Pumose. On December 15, 2006, a Declaration of Covenants, Conditions and
Restrictions for Snake River Junction Commercial Area affecting the Property ("the Original
Declaration") was recorded in the Office of the County Clerk for Lincoln County, Wyoming as
document number 000485 - 000517. Article XIV, Section 1 of the Original Declaration provides
that the Original Declaration may be amended with the written consent of two-thirds (2/3) of the
Members. Accordingly, this Declaration shall now consolidate the Covenants, Conditions and
Restrictions for the Property, and the Original Declaration shall be of no fmiher force or effect.
2. Declaration. The undersigned hereby declare that the PropeIiy and any pmi thereof, shall
be owned, sold, conveyed, encumbered, leased, used, occupied and developed subject to the
provisions contained in this First Amended and Restated Covenants, Conditions and Restrictions
(hereinafter refened to as "the Covenants"). The Covenants shall run with the Property, and
shall be binding upon all parties having or acquiring any legal or equitable interest in or title to
the Property, and shall inure to the benefit of every owner of any pmi of the Property.
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 Lots and such additional commercial propeliy as may be made subject thereto, and its
successors and assigns.
Section 2. "Propel1y" shall mean the real property located in Lincoln County,
Wyoming which is described as Lots 1 through 6, Snake River Junction Subdivision shown on
the Plat, together with such improvements thereto as may now or hereafter be located on Lots 1
through 6, and such additional commercial Lot or Lots as may hereafter be conveyed to or
brought within the ownership or under the jurisdiction of the Association through the recording
of deeds or through one or more Supplemental Declarations of Covenants Conditions and
Restrictions by the Declarant or the Members..
Section 3. "Plat" shall mean. Snake River Junction First Filing, Plat No. 294-A filed
of record in the Office of the County Clerk for Lincoln County, Wyoming on December 15,
2006, and all amendments thereto or subsequent filings of phased development of commercial
lots in the Project recorded by the Declarant.
Section 4. "Proiect" shall mean the greater Snake River Junction development
project contemplated by Declarant comprising a mix of commercial and residential properties
generally located on the property depicted on the Plat or on subsequent recorded plats of
commercial or residential development.
Section 5. "Lot" or "Lots" shall mean one or more divisions of land designated by
Declarant for commercial uses and shown on the Plat, as said Plat may be amended from time to
time in the future in accordance with all applicable govel11mental rules and regulations.
Section 6. "Common Areas" and "Limited Common Areas" shall mean the areas
within the Property intended for the common use andlor benefit of one or more Lot Owners and
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
Page 4
000333
their guests and licensees, and either designated as such on the Plat or conveyed by Declarant to
the Association, 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 COIID110n use and enjoyment of all the Members of the
Association.
Section 7. "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 mOligagees, 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 Propeliy 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 8. "Members" shall mean the Owners described in Article III hereof, and the
Owners of each Lot of commercial property hereinafter identified by Declarant as a part of the
Snake River Junction development.
Section 9. "Declarant" shall mean Alpine Development Group, LLC, a Wyoming
limited liability company, and their successors and assigns as the developer of the Property.
Section 10.
Association.
"Management Committee" shall mean the Board of Directors of the
Section 11. "Site Committee" shall mean the group of people appointed by the Board
of Directors of the Association, who shall have the powers and responsibilities described herein.
Section 12. "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
DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS
Section 1. Development Rights of Declarant. The Declarant reserves to itself, its
successors and assigns, the following Development rights:
A. To create and/or construct easements, COlIDnon Elements or Limited Common
Elements within the Property, including but not limited to constructing additional
structures for parking, storage or other amenities deemed, in Declarant's sole
discretion, necessary or desirable for the Property;
B. Notwithstanding any other provisions of this Declaration, to bring additional
commercial Lots within and lmder the jurisdiction of the Association by way of
filing an1i;mdments to the Plat or filing subsequent plats showing the location of
additional Lots intended for cOlIDnercial uses, and by the recording of one or more
Supplemental Declarations of Covenants Conditions and Restrictions stating that
such additional Lots will be conveyed and thenceforth used subject to this
Declaration. In the event of such addition of commercial Lots, all Owners of such
additional Lots shall also become Members of the Association, and additional
Common Areas may be conveyed to the Association and the costs associated
therewith may be allocated to all Members.
Section 2. Special Declarant Rights. The right or rights or combination thereof
known as "Special Declarant Rights" reserved to the Declarant are the following:
A. To construct improvements provided for in this Declaration or shown on the Plat;
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
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C00334
B. To exercise any Development Right identified in Article II, Section 1 of this
Declaration;
C. To maintain sales offices, management offices, and signs advertising the sale of
Lots so long as they comply with applicable zoning ordinances;
D. To use easements on, under or through the Common Elements for the purpose of
making improvements within the Property;
E. To exercise all other rights expressly granted to or reserved by Declarant in this
Declaration.
Section 3. Transfer of Special Declarant Rights. A Special Declarant Right created
or reserved by this Declaration may be transferred or assigned.
ARTICLE III
THE ASSOCIATION
Section 1. Membership. Every Owner of a Lot identified herein, or added 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. V oting. Voting by Members of the Association upon any matter allowing
or requiring a vote of Members shall be as follows: there shall be (1) 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 (j) 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, subj ect to the provisions of paragraph
(j) 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 tenn, 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.
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
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G00335
(e) The Management Committee, for the benefit ofthe Property and the Association,
shall manage the business, propeliy 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) governing the Property. The Management
Committee shall have the powers, duties, and responsibilities with respect to the Property as
contained in 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 Wyoming as all members of the Management Committee
shall determine. Otherwise, meetings shall be held at the Property. A simple majority of the
members of the Management Committee shall constitute a quonun, 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
mmual 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 waiver of notice of such meeting except when a
Management Committee 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.
(j) 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
ofthe 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.
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 quonun. 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
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
,Page 7
proxy and who are voting.
(b) At all meetings of the Association, Owners may vote in person O~p~q,ª~y
executed in writing by the owner or their duly authorized attomey 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 arumal 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 tenus 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 perfOlTIl its functions and responsibilities
through those members of the Committee who are elected as officers almually 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
servmg.
Section 6. Other Matters. The Association may adopt a charter al1d by-laws
containing more detailed provisions goveming the intemal affairs of the Association, to the
extent the Management Committee deem such charter and by-laws to be consistent with this
Declaration.
ARTICLE IV
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, banlc 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 detem1inations with respect to the Property lawfully made or entered
into by the Mal1agement Committee shall be binding upon all of the Owners and their successors
and assigns.
Section 3.
Powers and Duties of Management Committee. The Management
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
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000337
Committee, acting on behalf of the Association, shall have all the powers, duties and
responsibilities which are now or may hereafter be provided by 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 ofthe 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 COlllinon Areas and adjacent
contiguous property for the benefit of the Association.
(d) To detennine 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.
(g) To open bailie 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)
Property.
To bring, prosecute and settle litigation for itself, the Association and the
CD
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 propeliy 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 Propeliy 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 detennination 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
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
Page 9
responsibility non-delegable by law.
600338
Section 5. Limited Liability of Management Committee. 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, 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 hannless
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 anyone 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 V
PERCENT AGES OF UNDIVIDED 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 ~1eld solely by the
Association and not the Owners, and the Association will have full power and authority to
acquire, hold and dispose of such propeliy in accordance with Article IV above. It is expressly
understood that the applicable provisions of this Declaration set f01ih 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 VI
ASSESSMENTS
The making and collection of assessments of any nature from Owners for their share of
common expenses (determined pursuant to this Article and the other applicable provisions of this
Declaration) shall be canied out by the Management Committee in accordance with the
following provisions:
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
Page 10
000339
Section 1. When Assessments Commence. Assessments for the Lots shall commence
on that date which is one (1) 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 firewood, 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, mayor 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 firewood, utility line maintenance,
cable television services for all Owners, landscaping, installation and maintenance of walkways,
security systems and security personnel and equipment, COllliTIOn 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, mayor
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 attomey'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
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
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000340
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 VII
PURPOSE OF THE PROPERTY. AND CERTAIN RESTRICTIONS ON USE
Section 1. General Purpose of the Propeliy. 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 atTangement, 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.
Section 3. Use of Parking Facilities and Roadways; 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 patiies by the Declarant. Each reference to
"Owners" includes their tenants and invitees.
(a) Keeping Outside Areas Clean and Si,ghtly. 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 pennit 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
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
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C00341
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 permit 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 pern1it 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 CONTROL 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 permits
their dog to be on the 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 canied 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 terminate 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 slllTounding 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 pari of Declarant's program of
development of the Propeliy 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 - Requirement of Development Permit. 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 permit has been issued
therefore by the Site Committee specifically authorizing such structure, improvement or activity.
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
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000342
(a) Duplicate sets of plans and specifications for any proposed Lot improvement or
alteration, shall be submitted to the Site Committee. Sufficient infonnation shall be submitted to
demonstrate compliance with all of the requirements of these covenants. Comer elevation data
shall be provided with the plans to pem1it the Site Committee to review and coordinate grading
and drainage approval.
(b) The Site COlllinittee shall review the plans and specifications as soon as
practicable, and in any case within 21 days from the submission of complete plans and
specifications and detem1ine if the proposed use or development confom1s to the 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 confonnity 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 conf0l111 to the Design Guidelines and the following requirements:
(a) Provisions in Addition to County Land Use Regulations. Confonnity 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
govem.
(b)
2 above,
Authorized Use. Only cOllli11ercial uses shall be pennitted, as provided in Section
(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 asceliainable; 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~onstruction is
completed.
(e) Utilities. COlli1ections 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 Committee.
(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 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.
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
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000343
The Site Committee may provide written notice of any violation of this provision tù an
Owner, specifying the nature of the violation and the deadline for con"ection. If the violation has
not been corrected by the written deadline, the Association is authorized, but not obligated, to
enter onto the Lot and COlTect the violation. All expenses of the cOlTectionshall be assessed
against the Owner and the Lot and may be recovered by the Management Committee in
accordance with Article XlV.
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 tenns. 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 COlID11ittee until the expiration of a period of twenty years after the date of
this Declaration.
(b) Authority 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 permits. 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 Conm1ittee 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 AIiicle XV below.
Section 8.
Variances.
(a) General. The Site Connnittee 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 confoTI11ity 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.
(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 priOl 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.
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
Page 15
ARTICLE VIII 000344
MAINTENANCE, AL TERA TIONS AND IMPROVEMENT .'
Section 1. General Maintenance. 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 inevocable 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 affirmative duty to
do so.
Each Owner shall on request deposit a key to the buildings on the Owner's 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 IX
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 tel111S 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.
ARTICLE X
CONVEYANCES. EASEMENTS
Section 1. Description of Lots. Every deed, lease, mortgage, lIlstrument of
conveyance or sale, or other instrument affecting title to a Lot may describe the Lot by its
identity number as set forth in the Plat with appropriate reference to said Plat. Every such
description shall be deemed to convey, transfer, encumber or otherwise affect the Owner's
corresponding percentage of undivided ownership in the Common Areas as a tenant-in-common,
as set forth herein, also incorporating all rights and limitations incident to Ownership described
in this Declaration, even though the same are not exactly mentioned or described.
ARTICLE XI
CERTAIN ADDITIONAL COVENANTS AND AGREEMENTS
The following covenants and agreements are made a pmi 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 Depmiment. 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 waterways 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
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDInO~S AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AID~A
Page 16
an Owner or his tenants or invitees.
000345
(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 exÏsting 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.
(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 gravel for any purpose other than
construction or maintenance of penl1itted improvements.
ARTICLE XII
NOTICES
Any notice penl1itted 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 at the address on file with
Association at the time of the mailing of the notice. Unless otherwise notified in writing, notice
to the Management Committee shall be addressed to: Management Committee, Snake River
Junction Commercial Owners' Association, c/o Brad Vemon, P.O. Box 12910, San Luis Obispo,
CA 93406.
ARTICLE XIII
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 performance of any of the terms, 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 tenl1, covenant, condition or restriction; but such tenl1, 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 lmowledge 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 XIV
ENFORCEMENT
Each owner shall strictly comply with the provisions of the Declaration, and the TIlles 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 law, maintainable by the Management COlllil1ittee 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
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
Page 17
t~ "",.1"1 'to ~ ""
. " "';' U 'I '''t: ')~
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 IÏot exclusive of others.
The Association shall be entitled to payment of all attorneys fees incurred by the Association (or
the Management Committee or Site Committee), payable by an Owner'Of lessee in 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 or otherwise available at law or equity. Unless specifically agreed 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 XV
AMENDMENTS
Section 1.
Amendment by Owners.
(a) Except as required by law or as provided in clause (b) below 'or Article XI 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 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 XVI
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 assunied in each case as though made.
Section 3. Governing Law. This Declaration shall be governed by and construed in
accordance with the laws of the State of Wyoming.
ARTICLE XVII
EFFECTIVE DATE
This Declaration shall take effect when recorded with the Clerk of Lincoln County,
Wyoming
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
Page 18
000347
IN WITNESS WHEREOF, the undersigned Declarant and Lot Owners have executed this
instrument as of the date appearing in the notary block accompanying their signatures.
DECLARANT:
Alpine Development Group, LLC, a
Wyoming Limite Liability Company
By:
Its: lV\."...t--...> Até:>6fZ.
STATE OF
COUNTY OF
)
) ss.
)
On this
day of , 20o_, before me personally appeared
, to me personally known, who, being by me duly sworn, did say that he is
of Alpine Development Group, LLC, and that said instrument was
behalf of said limited liability company, and said
acknowledged said instrument to be the free act and
the
signed on
deed of said limited liability company.
Given under my hand and seal the date first above written.
SEAL
Notary Public
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
Page 19
STATE OF California
000348
COUNTY OF San Luis Obispo
On August 21. 2007
before me, A. Clark, Notary Public
(Name of Notary Public)
personally appeared Bradley G. Vernon
Rersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person~ whose
name~ is/~subscribed to the within instrument and acknowledged to me that he/Ghc{tAcy executed the
same in his¡'her/their authorized capacity(ie), and that by his/Rer/tR(i Ïf signature~on the instrument the
person~ or the entity upon behalf of which the personW. acted, executed the instrument.
Attach to Document Entitled First Amended & Restated Declaration of Covenants, Conditions and Restrictions
for Snake River Junction Commercial Area.
WITNESS my hand and official seal.
~-<'.d'~L-
(Sig~of Notary Public)
'~.J\o...-^,,-A...A...JIO...~.A. '-"'-".III..~.JIIo....f
T" A CLARK ~
o COMM. # 1698066 t'\
G · NOTARY PUBLIC· CALIFORNIA WI
SAN LUIS OBISPO COUNTY ,0
COMM.IXPIRlB NOV, 8, 2010 ..&
(This area for notarial seal)
(notary)(07-02)
000349
SIGNATURE OF LOT 1 OWNER TO FIRST AMENDED & RESTATED DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION
COMMERCIAL AREA:
/ Jet d.JJJ-9<'(f) -
Monica Mason
STATE OF tV~l'¥r\\ '<'I(} )
.b ) ss.
COUNTY OF \ ~c..o } Ñ )
The fo~egoing instmment was acknowledged before me by Monica Mason this _L day
of~, 20JcL.
Witness my hand and official seal. /) .
W~W~
SEAL
Notary Public
LESLIE MASON - NOTARY PUBLIC
COUNlY OF ..
LINCOLN . . STATE OF
. WYOMING
MY COMMISSION EXPIRES MAY 23, 2011
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
Page 20
000350
SIGNATURE OF LOT 4 OWNER TO FIRST AMENDED & RESTATED DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION
COMMERCIAL AREA:
::~¡;ZZOming Co~oration
Its: ~t~
STATE OF ll...:>YO{V\I"'Ì.~ )
) ss.
COUNTYOF-r~~ )
. í' .,.:\. \,-., /-,\¡ -Ì- 7
On thIS ~ ~ay of ~&S, 200_, before me personally appeared
~(o-\-'\ 9'e Ç) ~ , to IV-e personally known, who, being by me duly sworn, did say
that s/he is the DnJ¡::"'\&"YL...::-\ of Alpine Commercial Development, Inc., and that said
in~trument WaS_~igne~~lf of said corporatio~1 b.y authority of its Board of Directors, and
saId &oH' CC:¥l2 acknowledged Said 1l1strument to be the free act and deed of
said corporation.
Given under my hand and seal the date first
~
'--...
PHAEDRA SERRANO - NOTARY PUBLIC ·
SE~ COUNTY OF _ STATE OF
U TETON . WYOMING
My Commission Expires Aug, 9, 2010
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
Page 23
C0035~t
SIGNATURE OF LOT 5 OWNER TO FIRST AMENDED & RESTATED DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION
COMMERCIAL AREA:
First Bank of Idaho, an Idaho Corporation
STATE OF iIY~/'-f/N6l )
) ss.
COUNTY OF -tE 74?# )
On this Ä~/ day of ;!--uG,OS T 200 7, before me personally appeared
J A-A/..J' EN to me personally known, who, being by me duly swom, did say that
s/he is the ' G-S I E-N of First Bank of Idaho, an Idaho Corporation, and that said
instrument was signed on behalf of said corporation by authority of its Board of Directors, and
said PIZ~5 I D€:fJ T 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
HELGA MUNZ .NOTARY PUBLIC
COUNTY OF STATE OF
TETON WYOMIN
MY COMMISSION EXPIRES AUGUST 3, 2
~~
~.:'~
Notarypu . - 7 -
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JUNCTION COMMERCIAL AREA
Page 24
.~
000352
SIGNATURE OF LOT 6 OWNER TO FIRST AMENDED & RESTATED DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SNAKE RIVER JUNCTION
COMMERCIAL AREA: ',-'f''',~,\
Alpine Development Group,
~~
By:
Its; MA,vc...GE:-R.
,'~~,:::,f,'B_
LLC, a Wyoming Limited Liability Company
",·,1
STATE OF
COUNTY OF
)
) ss.
)
On this day of 20o_, before me personally appeared
, to me personally known, who, being by me duly sworn, did say
that slhe is the of Alpine Commercial Development, Inc., and that said
instrument was signed on behalf of said corporation by authority of its Bo¡;¡rd of Directors, and
said acknowledged said instrument to be the free act and deed of
said corporation.
Given under my ha d and seal the date first above written.
SEAL
l
Notary Public
FIRST AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SNAKE RIVER JU,NCTTON COMMERCIAL AREA
Page' iH~'
STATE OF California
COUNTY OF San Luis Obispo
000353
On August 21. 2007
before me, A. Clark. Notary Public
(Name of Notary Public)
personally appeared Bradley G. Vernon
personally~.t.o..fI1e (or proved to me on the basis of satisfactory evidence) to be the person~whose
name~ is/afe subscribed to the within instrument and acknowledged to me that he/lSl:1eftl:1ay executed the
same in his/t:lør/theü; authorized capacity~, and that by his/l:1ør/tReir signatur~on the instrument the
personNt or the entity upon behalf of which the personN. acted, executed the instrument.
Attach to Document Entitled First Amended & Restated Declaration of Covenants, Conditions and Restrictions
for Snake River Junction Commercial Area.
WITNESS my hand and official seal,
~1"~
(Sig~ No ary Public)
(This area for notarial seal)
(notary)(07-02)