HomeMy WebLinkAbout940161
DECLARATION OF COVENANTS,
CONDffiONS, AND RESTRICTIONS
OF
BRIDGER MOUNTAIN
Phase I (Lots 9 through 59) - 51 Lots Total
LINCOLN COUNTY, WYOMING
00061.0
The undersigned being the owner of record of the real property described in Exhibit "A"
attached hereto (the "Property"), hereby declares that said Property, together with the
improvements thereon., is subject to the following Covenants, Conditions and Restrictions.
I
Article: I
,
DEFINITIONS
As used in this Declaration., and all amendments thereto, unless the context otherwise
requires, the following definitions shall prevail:
1.1 Annual Assessments: Defined in Article X.
1.2 Assessment means the payments that some or all of the Lot Owners are required
to pay to the Developer or to the Association.
1.3 Assessment Lien: Defined in Article XII.
1.4 Association means a Wyoming non-profit corporation, or such other similar entity
( or entities) to be fonned pursuant to this Declaration which may become responsible for the
operation., administration and maintenance of the Development (or certain portions thereof) upon
Relinquishment by the Developer (defined below).
1.5 Board of Directors shall mean the Directors of the Association.
1.6 Bylaws means the Bylaws of the Association, as they may exist from time to time.
1.7 Common Areas means the portions of the Development not included in the Lots,
together with the Star Valley Ranch R V Park Golf Course (hereinafter referred to as the "R V Golf
Course"), and the common area recreational facilities of the Star Valley Ranch R V Park
(hereinafter referred to as the "Recreational Facilities"), but not including the Bridger Mountain
Golf Course, which shall always remain owned by LEISURE VALLEY, INC. and its successors
or assigns, and, therefore, will not be part of any Common Area.
RECEIVED 6/30/2008 at 11 :15 AM
RECEIVING # 940161 1
BOOK: 698 PAGE: 610
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
1.8
Common Expenses: Defined in Article X.
00061.1.
1.9 Completion of the Development means the date when the Developer records a
Declaration of Completion with the County Recorder of Lincoln County, Wyoming, declaring (1)
that the Development has been fully and finally completed; and (2) that the Developer has sold all
of its Lots in the Development. The Developer may develop additional Lots as part of the
Development; however, nothing in this Declaration shall be construed to mean that the Developer
must develop additional Lots.
1.10 Declaration means this instrument entitled, "Declaration of Covenants, Conditions,
and Restrictions," as it may from time to time be amended.
1.11. Developer means LEISURE V ALLEY, INC., a Nevada Corporation, and its
successors or assigns. After the Developer's Relinquishment to the Association of any or all of the
Developer's rights, duties or interests that are established by this Declaration, the tenn
"Developer," as used herein, shall then refer to the Association with respect to the rights, duties
and/or interests so transferred and relinquished, unless the context requires otherwise.
1.12 Development shall mean all of the Property described in Exhibit "A" attached
hereto and made a part hereof, including all Lots and Common Areas, and shall also include any
other additional plat, plats, Lots, Common Areas, or other real property or improvements
hereafter recorded as part of the BRIDGER MOUNTAIN subdivision in Lincoln County,
Wyoming.
1.13 Financial Obligation: Defined in Article XII.
1.14 Lot means a lot on a plat now or hereafter recorded as part of the Development
which is subject to ownership in fee. The foregoing tenns include the land of a Lot, all
improvements thereon, and all easements and rights appurtenant thereto. Any condominium unit
ever developed on or near the Property subject to this Declaration is not considered to be a Lot
hereunder.
1.15 Lot Owner and Owner of a Lot mean the person, persons, or entity, including the
Developer, having fee ownership of a Lot, or having equitable ownership of a Lot pursuant to a
long-tenn real estate installment contract, or having a life estate in a Lot, or having a leasehold
interest in a Lot pursuant to a 99-year lease. The owner or long-tenn lessee of any condominium
unit ever developed on or near the Property subject to this Declaration is not considered to be a
Lot Owner or Owner of a Lot hereunder.
1.16 Occupant means the person or persons in possession of a Lot.
1.17 Primary residential building Structure and secondary building Structure: See
Paragraph 14.3.1 and 14.3.8.
2
00061.2
1.18 Relinquishment by the Developer and Developer's Relinquishment shall mean
Developer's transfer, relinquishment, assignment, conveyance and/or delegation to the Association
of all or any portion of Developer's interest in the Development (including without limitation, the
Common Areas, the Unsold Lots or any part thereof, the water systems or any part thereof: the
streets or any part thereof, any sewer systems which may be constructed or any part thereof:
and/or the recreational facilities or any part thereof) and/or all or any portion of the Developer's
rights and/or duties related to the Development (including without limitation, the maintenance
responsibilities related to the Common Areas and/or the Unsold Lots).
1.19 Structure: Defined in Article XIV.
1.20 Unsold Lot means any Lot owned by the Developer or the Association, however
or whenever acquired or reacquired.
Article n
SUBMISSION STATEMENT
The undersigned, being the owner of record of the Property described in Exhibit "A"
attached hereto, hereby declares that said real property, together with the improvements thereon,
shall be held, conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise
used, improved or transferred, whether in whole or in part, subject to the covenants, conditions,
restrictions, reservations, rights and duties set forth in this Declaration. This Declaration is
declared and agreed to be in furtherance of a general plan for the division, improvement and sale
of the Development and is established for the purpose of enhancing and perfecting the value,
desirability and attractiveness of the Development, and every part thereof All of this Declaration
shall run with all Lots, parcels, plats, Common Areas and other real property and improvements
in the Development for all purposes and shall be binding upon and inure to the benefit of
Developer, the Association and all Lot Owners and their successors and assigns. Any and all
covenants, conditions, restrictions, reservations, rights and duties set forth herein are hereby
declared to run with the land and are declared to be attached to and part of the title and ownership
of each Lot in the Development. For clarity, the Property described in Exhibit "þ;' comprises a
portion of Phase I of the Development, which is limited solely to the development of certain
residential Lots, as more fully set forth below. It is anticipated that condominium units will also
be developed within the Development, near the Property, in the future, including without
limitation, as part of Phase I of the Development, and that the condominium unit owners will also
share with the Lot Owners in certain of the same non-exclusive easements and rights provided to
Lot Owners to use certain Common Areas, streets and roadways, utilities and other amenities in
the Development provided by the Developer, in the Developer's sole discretion. Inasmuch as a
separate declaration containing covenants, conditions and restrictions will be promulgated in order
to govern the condominium unit owners with respect to the condominium units, this Declaration
pertains solely to the residential Lot Owners, and does not create any restrictions with respect to
any future condominium unit owners.
3
Article ill
NAME
The name by which this development is to be identified is:
BRIDGER MOUNTAIN
Article IV
00061.3
IDENTIFICATION OF PLATS
4.1 Plat Designations: For the purpose of identification, all areas ofthe Development
except the Common Areas have been or will be given identifying plat designations and have been
or will be subdivided into numbered Lots. The aforesaid identifying designations may also be used
as an identifying designation for purposes of Lot ownership.
4.2 Additional Units: It is anticipated that the Development will proceed in five (5)
phases, as follows: the Developer contemplates developing approximately 51 or more Lots in Phase
I, together with 40 condominium units on Lots 7 and 8 (also in Phase I), 26 or more Lots in Phase
n, 98 or more Lots in Phase Ill, 39 or more Lots in Phase IV, and 54 or more Lots in Phase V.
Phase I of the Development is described on Exhibit "A" attached hereto. Nevertheless, nothing
herein shall require the Developer to develop any number of Lots (or condominium units), nor
preclude the Developer ITom developing or including any Lots, areas, Common Areas, units, or
other developments or other real property or improvements as a part of the Development that are
different ITom the original Development. The Developer may make additional Lots, units, areas,
Common Areas, developments or other real property or improvements a part of the original
Development and may allow or require new purchasers of such additional Lots, units, areas,
developments or improvements to become members of the Association.
Article V
DEVELOPER'S RIGHTS
5.1 Operation: The Developer shall have the right to operate the Development or any
portion thereofin addition to selling Lots to individual owners, provided that all use and occupancy
provisions of this Declaration will be observed by Lot Owners.
5.2 Reservation of Mineral Rights: The Developer hereby reserves all mineral rights of
every kind and nature whatsoever, including oil and gas, with respect to all portions of the
Development, including without limitation all Lots and Common Areas.
5.3 Rules and Regulations: The Developer, in its sole discretion, shall have the right to
make and implement rules and regulations governing the Lot Owners concerning the use and
operation of the Development.
4
00061.4
5.4 Assignabili1;y: Unless otherwise provided herein, any and all ofthe rights, duties and
interests of the Developer that are established by this Declaration are assignable to the Association.
The Developer shall have the right at any time, and from time to time, within 21 years after the
death of the now living last surviving grandchild of Harold P. Stewart, Harold Val Stewart and
Michael Joe Stewart, to transfer, assign, relinquish, convey and/or delegate all or any portion ofthe
Development that is owned by the Developer (including without limitation, the Common Areas
and/or the Unsold Lots, or any part thereof, the water systems or any part thereof, the streets or
any part thereof, the sewer systems or any part thereof, and/or the recreational facilities or any part
thereof), and/or all or any portion of the Developer's rights and/or duties related to the
Development (including without limitation, the maintenance responsibilities related to the Common
Areas and/or Unsold Lots) to the Association (sometimes referred to herein as "Relinquishment by
the Developer" or "Developer's Relinquishment"). The Association shall assume and the Developer
shall thereafter be relieved of all such rights, duties, maintenance responsibilities, Common Areas,
Unsold Lots, systems and portions ofthe Development so transferred and relinquished. After the
Developer's Relinquishment to the Association of any or all of the Developer's rights, duties or
interests that are established by this Declaration, the tenn "Developer," as used herein, shall then
refer to the Association with respect to the rights, duties and/or interests so transferred and
relinquished.
5.5 Fonnation of Association: The Developer shall have the right to organize an Asso-
ciation, or the Developer may delegate the responsibility to organize the Association to the Lot
Owners. The Association will be comprised entirely or in part of the Lot Owners. The Developer
will have the right to organize (or delegate to any condominium unit owners the responsibility to
organize) a separate association with respect to any condominium unit owners for condominiums
which may come to be developed near the Property in the same Development. The Association
shall be governed by a Board of Directors which will be comprised offive (5) Directors. At such
time as the Developer elects to transfer the Common Areas, or any portion thereof, to the
Association, such transfer shall be made subject to the rights of the Lot Owners to continue to
utilize the Common Areas.
5.6 Restriction on Fonnation: Nothing contained in this Declaration shall require the
Developer to organize the Association, or require the Developer to transfer, relinquish or assign
all or any portion of the Development (including any Common Areas or Unsold Lots), or any of
the Developer's rights or duties related thereto, to the Association. The Lot Owners may not
organize the Association as defined herein without the express written consent of the Developer.
5.7 Rental: The Developer and any Lot Owner shall have the right to rent or lease any
dwelling or other Structures on their Lots to such persons or entities as they, in their sole
discretion, may deem appropriate. Unless otherwise limited by the Developer, all persons or entities
who rent a residential building Structure in the Development shall be entitled to use the Common
Areas and Recreational Facilities of the Development in the same manner and to the same extent
as a Lot Owner, with the exception of the R V Golf Course where the persons or entities who rent
or lease will be charged a green fee to play on or otherwise utilize the R V Golf Course. All persons
or entities , including without limitation all Lot Owners and persons or entities which rent any
5
00061.5
residential building structure, will be charged a green fee to play on or otherwise utilize the Bridger
Mountain Golf Course. The Developer shall have the right to entitle its renters to use its Lots in
the Development upon such terms and conditions as the Developer, in its sole discretion, may deem
appropriate. Notwithstanding anything herein to the contrary, neither the Developer nor the renters
from the Developer shall be required to pay any Assessments in connection with the use, ownership,
or rental of any Lot.
5.8 Committees: The Developer shall have the right at any time, and from time to time,
to establish and organize such committee( s) as the Developer may deem appropriate to carry out
and perform all or any portion of the duties and/or functions of the Developer set forth in this
Declaration. Each committee shall have such rights and authority as may be delegated by the
Developer; provided however, such rights and/or authority may be withdrawn by the Developer at
any time, or from time to time, at the Developer's sole discretion. The Developer shall have the
power to appoint the members of each committee or to direct how such members will be selected,
and the Developer shall also have the right to remove or replace any member( s) of any committee( s)
without cause, and/or to appoint such new or additional member( s) as the Developer may ftom time
to time deem appropriate. Unless otherwise required by the Developer, a decision of the majority
of all members of any committee formed pursuant to this paragraph shall constitute a decision of
the committee; provided however, the Developer shall have the right, in its sole discretion, to
overrule the decision of the majority of the members of any committee on any matter(s) before such
committee, and the decision of the Developer on such matter(s) shall be deemed the decision of the
committee.
Article VI
VOTING RIGHTS
6.1 Vote Before Relinquishment: The Lot Owners shall not be entitled to voting rights
as enumerated in this Article VI until the Developer's Relinquishment of the Development, or any
portion thereof, to the Association.
6.2 Vote Upon Relinquishment: After the Developer's Relinquishment of all or a portion
of the Development to the Association"as aforesaid, then the members of the Association, including
the Developer, shall be entitled to vote as hereinafter set forth.
6.3 Voting in General: Subject to the Developer's right to appoint three (3) Directors
as hereinafter set forth, the Owner of each Lot, including the Developer, will be entitled to one (1)
vote for each Lot owned.
6.4 Lot Owner's V otin~: The vote ofthe Owner of a Lot is not divisible, and the Owner
of a Lot shall be entitled to no more or no less than one (1) equal vote in the Association for each
Lot owned, regardless of whether the Owner is a single person or entity or a group of persons
and/or entities. If a Lot is owned by more than one (1) person or entity, the owners of said Lot
shall designate one of them as a "Voting Member." The designation of the Voting Member shall
6
00061.6
be provided for by, and subject to, the provisions and restrictions set forth in the Bylaws of the
Association.
6.5 Restrictions on Voting Rights: The Owner of a Lot shall not be entitled to vote if
such Owner is delinquent in the payment to the Developer or to the Association of Assessments
related to the Lot, or if the Owner is otherwise in violation of this Declaration; provided, however,
the Developer shall not be required to pay any Assessments in order to vote in connection with its
Unsold Lots (as defined above) or in order to appoint three (3) Directors as provided herein.
6.6 Developer's Right to Appoint Directors: Anything contained herein to the contrary
notwithstanding, the Developer shall have the right to appoint three (3) of the five (5) directors of
the Association until the Completion of the Development, as defined herein. The Board of
Directors of the Association shall not be bound by any vote or resolution of the Lot Owners on any
matter so long as the Developer has the right to appoint said three (3) Directors. The Developer
shall have the right to remove any of the three (3) Directors appointed by the Developer and replace
said Directors from time to time without cause. The rights of the Developer to appoint three (3)
of the five (5) Directors of the Association may only be waived by the Developer in writing. The
rights of the Developer to appoint three (3) of the five (5) Directors of the Association is not
assignable to the Association and need not be waived or assigned to the Association in order to
constitute a full and complete "Relinquishment by the Developer" of the Development to the
Association, as defined herein. Rather, such rights may be held by the Developer after the
Developer's Relinquishment of all and every portion of the Development to the Association (up
until the Completion of the Development, as provided hereinabove).
6.7 Cumulative Voting: The Articles of Incorporation of the Association shall provide
for cumulative voting for all Directors to be elected (excluding the three [3] Directors to be
appointed by the Developer as set forth above), such that each Lot Owner is entitled to one (1) vote
for each Lot owned multiplied by the number of Directors to be elected. The Lot Owner may then
cast all of such voting shares for a single Director or may distribute them among any two (2) or
more of them, as he may see fit. For example, if there are five (5) Directors to be elected, (e.g.,
after the Completion of the Development), each Lot Owner would be entitled to five (5) voting
shares for each Lot owned, all of which he may cast for one (1) Director, or he may cast some for
one (1) and some for another Director, in any way he chooses. On the other hand, if only two (2)
Directors are to be elected, (e.g., prior to the Completion of the Development), each Lot Owner
would be entitled to only two (2) voting shares, all of which he may cast for one Director, or he
may cast one vote for one director position and his other vote for the other director position in any
way he chooses.
Article VII
AMENDMENTS TO DECLARATION
7
00061.7
7.1 Developer's Right to Amend before Sale of 308 Lots: This Declaration may be
amended by the Developer at any time prior to the sale of three hundred eight (308) Lots (all 5
Phases), with or without the consent of the Association or the Lot Owners.
7.2 Developer's Right to Amend After Sale oD08 Lots: After the sale of three hundred
eight (308) Lots ( all 5 Phases), the Developer shall have and hereby reserves the right to amend this
Declaration, with or without the consent of the Association and! or the Lot Owners, at any time up
until the latter of(1) the date of the Developer's Relinquishment to the Association ofall and every
portion of Developer's right, title and interest in, and rights and duties related to the Development,
or (2) the date of the Completion of the Development, as defined herein, provided that:
7.2.1 In no event shall the Developer's right to amend this Declaration exceed a
period of twenty-one (21) years after the death of the now living last surviving grandchild of Harold
P. Stewart, Harold Val Stewart and Michael Joe Stewart;
7.2.2, The Developer's power to make amendments to this Declaration after the
sale of three hundred eight (308) Lots (all 5 Phases) shall cease to exist at the latter of(l) the
Completion of the Development (as defined herein); or (2) the date of the Developer's
Relinquishment to the Association of all and every portion of Developer's right, title and interest
in, and rights and duties related to the Development.
7.3 Amendment by Lot Owners: After the sale of all three hundred eight (308) Lots
(from all 5 Phases), this Declaration may also be amended by an affirmative vote of not less than
fifty percent (50%) of all Lot Owners of the Association, or ifno Association has been organized,
then by the affirmative vote of not less than fifty percent (50%) of the Lot Owners; provided,
however, ifa Lot is owned by more than one (1) person or entity, only one (1) of the Owners of
such Lot shall be entitled to vote. However, anything contained herein to the contrary
notwithstanding, the Lot Owners may not amend this Declaration at any time prior to (1) the date
of the Developer's Relinquishment to the Association of all and every portion of Developer's right,
title and interest in, and rights and duties related to the Development, or (2) the Completion of the
Development as defined herein, whichever is later, without the written consent of the Developer.
7.4 Developer's Transfer of Amending Rights: The rights of the Developer contained
in this Article VII, ( a) may not be transferred or assigned by the Developer to the Association, (b)
may only be waived by the Developer in writing, and (c) need not be transferred or assigned to the
Association or waived in order to constitute a full and complete "Relinquishment by the Developer"
of the Development to the Association (as defined herein). Rather, the rights provided in this
Article may be held by the Developer after the Developer's Relinquishment to the Association of
all and every portion of Developer's right, title and interest in, and rights and duties related to the
Development.
Article vm
THE OPERATING ENTITY
8
00061.8
The Developer is responsible for the operation of the Development and the maintenance of
that portion of the Development owned by the Developer (including without limitation the Common
Areas) until the Developer's Relinquishment of these rights and duties to the Association. After the
Developer's Relinquishment of all or any portion of the Development to the Associatio~ the
Developer shall be relieved of the responsibility to maintain and govern the operation of that portion
of the Development so relinquished, and the Association shall assume such rights and duties and
shall have all powers and responsibilities relating the operation and maintenance of that portion of
the Development so Relinquished by the Developer.
Article IX
BYLAWS
9.1 Puq>ose of Bylaws: The Association Bylaws shall provide for the Association's
operation and maintenance of those portions of the Development relinquished by the Developer to
the Association.
9.2 Amendment of Bylaws: The Bylaws may be amended in the manner provided for
therein, but no amendment to said Bylaws shall be adopted which would affect or impair the validity
or priority of any mortgage covering any Lot or Common Area in the Development, or which
would be inconsistent with this Declaration.
Article X
ASSESSMENTS
10.1 Developer's Right to Collect Assessments: The Developer may levy and collect a
reasonable monthly, annual, or other periodic Assessment against each Lot Owner (excluding the
Developer) to pay (a) the costs and expenses of operating and maintaining the Development,
together with the facilities located thereon, (b) the costs and expenses of operating and maintaining
the Unsold Lots, together with the facilities (if any) located thereon, (c) the costs and expenses of
operating and maintaining the RV Golf Course, (d) the costs and expenses of operating and
maintaining the common area Recreational Facilities of the Star Valley Ranch RV Park, (e) the
costs and expenses necessary to permit the Developer to carry out its duties under this Declaratio~
and (f) to the extent necessary, the costs and expenses (i) to maintain the roads oftheDevelopment,
(ii) to remove snow from the roads of the Development, (iii) to maintain the water system of the
Development, (iv) to provide water service to the Development, (v) to maintain the sewer system
of the Development, (vi) to provide sewer disposal service to the Development, (vii) to provide
garbage disposal services to the Development, (viii) to provide cable television service to the
Development, and (ix) to provide security to the Development. Notwithstanding the foregoing, the
Developer shall have no obligation to provide garbage disposal service, cable television service or
security to the Development. The costs and expenses incurred by the Developer in paying the
9
-00061.9
Developer in paying the foregoing costs and expenses shall hereinafter be referred to as the
"Common Expenses." Alternatively, the Developer may transfer, relinquish and assign such rights
and/or duties, or any portion thereof, to the Association.; provided, however, that the Developer
shall not at any time be liable to pay any deficiency or difference between the amount of
Assessments collected and the actual costs and expense of operating and maintaining the
Development (i.e., the Common Expenses) as set forth above.
10.2 Transfer of Collection Rights. If the Developer transfers, relinquishes or assigns all
or a portion of the Developer's rights and/or duties to levy or collect Assessments to the
Association, the Association shall assume such rights and duties trom the Developer, which may
include, without limitation, the duty to levy and collect the foregoing Assessments against each Lot
Owner (other than the Developer); provided; however, after the Developer's Relinquishment to the
Association of all and every portion of Developer' s right, title and interest in, and rights and duties
related to the Development, the Association shall be entitled to collect all Assessments, as set forth
in this Declaration (other than from the Developer).
10.3 Allocation of Assessments. After the Developer's Relinquishment of any portion
of the Development to the Association, then the Association shall be entitled to receive trom the
Assessments levied and collected by the Developer (or by the Association as provided herein) such
amounts as the Developer deems necessary for the Association to perfonn the duties and/or
maintenance responsibilities so relinquished. The Developer will be entitled to any portion of the
Assessments thereafter remaining.
10.4 Calculation of Assessments. In order to pay the Common Expenses, the Developer
shall have the power to fix: and detennine, from time to time as hereinafter provided, the monthly,
annual or other periodic Assessments per Lot (hereinafter sometimes referred to collectively as the
"Annual Assessment[s]") payable to the Developer (either monthly, annually or otherwise, as
detennined by the Developer), or the Developer may assign such right to the Association. The
Annual Assessments for the calendar year 2008 (January 1, 2008 through December 31, 2008) shall
be the annual sum of $508 for each Lot Owner. At the beginning of the calendar year 2009
(January 1, 2009 through December 31, 2009) and at the beginning of each and every calendar year
thereafter (except as otherwise hereinafter provided), each Lot Owner's Annual Assessments may
be increased by the Developer or by the Deyeloper's Assignee by the actual percentage increase in
the Common Expenses of the immediately preceding calendar year (the "Prior Year") over the
Common Expenses for the calendar year prior thereto, or by an amount equal to Five Percent (5%)
of the Common Expenses for the Prior Year, whichever is greater, but not to exceed Ten Percent
(10%) of the Common Expenses for the Prior Year.
10.5 Increase for Assessments Greater than that Provided in Paragraph 10.4 Above.
Notwithstanding the provisions set forth in Paragraph 10.4 above, the Annual Assessments may be
increased to an amount greater than the amount set forth above in Paragraph 10.4 by a vote of the
Lot Owners of the Association taken within the preceding year, provided that any such change shall
have the assent of Fifty One Percent (51%) of the Lot Owners present in person or by proxy, or
in the event an Association has not been organized, the Annual Assessments may be increased to
10
000620
an amount greater than the amount calculated above by a vote of the Lot Owners, provided that
any such change shall have the assent of Fifty One Percent (51 %) of the vote of such Lot Owners
present in person or by proxy, and further provided that if more than One (1) person or entity owns
a Lot, only One (1) of such owners shall be entitled to vote per Lot. The new voted maximum
Annual Assessments established by the Lot Owners as hereinafter set forth (hereinafter the "Voted
Maximum Annual Assessment[s]"), may be increased by the Developer or by the Developer's
Assignee in accordance with the procedures set forth in Paragraph 10.4 for each and every year
thereafter, and may also be further additionally increased under the procedure set forth in the
preceding sentence by a vote of Fifty One Percent (51 %) of the Lot Owners.
ARTICLE XI
SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS,
MAINTENANCE FEES AND SPECIAL ASSESSMENTS
11.1 Developer's Right to Levy Special Assessment for Capital Improvements. In
addition to the Annual Assessments authorized above, the Developer, so long as it still owns Five
(5) Lots in the Development, may without any approval of the other Lot Owners levy, in any
calendar year, a Special Assessment for Capital Improvements, applicable to that year only (payable
monthly, annually, or otherwise, as determined by the Developer) for the purpose of derraying, in
whole or in part, the costs of any construction, reconstruction, repair or replacement of a capital
improvement related to the Development, including fixtures and personal property related thereto~
provided, however, that if the Developer does not still own Five (5) Lots in the Development, then
such Special Assessment shall require the assent of 50% of the vote of the Lot Owners for
approval.
11.2 Maintenance Fee for Water. Sewer and Roads. In addition to the Common
Expenses, the Developer will also assess against each Lot a separate maintenance fee (hereinafter
referred to as the "Maintenance Fee"), which fee will begin when the Lot is connected to either
sewer or water service, for the purpose of derraying in whole, or in part, the costs and expenses of
providing road maintenance (including snow removal), water system maintenance, water service,
sewer system maintenance, and sewer disposal service to the Lots in the Development, which fee,
during the calendar year 2008, shall be the sum of Fifty Dollars ($50.00) per month, to be paid
quarterly at the end of each quarter, which Maintenance Fee may be increased by the Developer in
the same manner as the Annual Assessments. Nothing in this paragraph shall preclude the use of
a portion of the Annual Assessments to pay for the costs and expenses enumerated in this
paragraph, nor shall anything in this paragraph preclude any other Special Assessments to help
defray the costs and expenses of items set forth in this paragraph,
11.3 Water Usage Assessments. It is anticipated that water usage meters will be installed
on the water lines servicing the individual Lots in the Development, in which case the Developer
may elect to:
11
000621.
11.3.1 Assess all of the costs and expenses of maintaining and operating the water
system, as well as the costs and expenses of providing the water to all of the Lot Owners of the
Development equally, as part of the Annual Assessment to all of the Lot Owners;
11.3.2 Assess all of the costs and expenses of maintaining and operating the water
system, as well as the costs and expenses of providing water to all of the Lot Owners of the
Development equally, as part of the Maintenance Fee to all of the Lot Owners, as set forth in
Paragraph 11.2 above;
11.3.3 Assess all of the costs and expenses of maintaining and operating the water
system, as well as the costs and expenses of providing water, to all of the Lot Owners of the
Development, in direct proportion to their respective periodic quantities of water usage as
measured by water meters, by making a Water Usage Assessment (monthly, annually or otherwise,
as detennined by the Developer), to the Lot Owners based upon their respective water usage as
detennined by the water meter;
11.3.4 Utilize any combination of subparagraph (11.3.1) through (11.3.3) above;
and
11. 3.5 Assess a water usage surcharge, in an amount to be. detennined at the
discretion of the Developer, against the Lots which use quantities of water in excess of a certain
threshold limit or limits, to be determined by the Developer, in the Developer's sole discretion.
11.4 Garbage Disposal Service. It is required that each Lot Owner subscribe to a local
garbage disposal service; however, if that does not occur, or if it is otherwise deemed to be
necessary by the Developer, the Developer may arrange for garbage disposal service to be provided
to any or all of the Lots in the Development, in which case the Developer may assess a Special
Assessment against all Lots and Lot Owners so affected in an amount necessary to recoup the
actual cost of arranging for or providing for such service, and if such service is provided by the
Developer, the Developer shall be entitled to a reasonable reimbursement for all necessary costs
incurred, including overhead and a reasonable profit, commensurate with the overhead and profit
reasonably charged by a third-party garbage disposal service conducting a business of that kind.
11.5 Security Service. The Developer may provide security service to the Development,
in which case the Developer shall be entitled to assess a Special Assessment to recoup the actual
costs of providing such service, which may be assessed against each of the Lots in the
Development.
11.6 Cable Television Service. The Developer may provide cable television service to
the Lots in the Development, in which case the Developer shall be entitled to assess a Special
Assessment against each of the Lots in the Development to recoup the costs of installing and
maintaining the cable system.
12
000622
11.7 Assessment Exemption for Develoµer. The Developer, or the Developer's Assignee,
shall never at any time be liable in any amounts for any expenses, costs, Assessments or Financial
Obligations as defined in Paragraph 12.1 (including without limitation, Annual Assessments, Special
Assessments for Capital Improvements, Maintenance Fees, and Water Usage Assessments or other
Special Assessments), relating to the Development (including Common Areas or any Lot or Lots
which it owns or does not own), nor any costs, expenses, or Assessments relating to the use of any
Lot or Lots (as defined above) which it owns or does not own, Common Areas or recreational
facilities by the Developer's business invitees and guests for any business promotional activities, nor
any costs, expenses or Assessments relating to the use of any Lot or Lots which it owns or does
not own, Common Areas or recreational facilities by any renters of Unsold Lots from Developer.
Notwithstanding anything contained in this Declaration to the contrary, the Developer shall never
at any time be liable for or obligated to pay any amounts for any expenses, costs, Assessments or
Financial Obligations as defined in Paragraph 12.1, in connection with any Common Areas or Lots
which it may initially own, repossess, purchase, trade for, reacquire or otherwise hold title to at any
time.
Article XU
COLLECTION RIGHTS AND REMEDIES
12.1 Payment of Assessments: Unless otherwise required by the Developer or the
Developer's Assignee, all Annual Assessments commencing with the calendar year 2008 shall be
due and payable in advance on the first day of January of each and every calendar year. All other
Financial Obligations, Assessments and Common Expenses which are owing to the Developer or
the Association by the Lot Owners, pursuant to this Declaration, shall be due and payable in a time
and manner reasonably required (e.g. monthly, quarterly, annually or otherwise) by the Developer
or the Association, whichever may be applicable. The Annual Assessments, Special Assessments
of all types, Common Expenses, Maintenance Fees and other Financial Obligations due and owing
by a Lot Owner to the Developer or to the Association as provided herein, including without
limitation, sums advanced and paid by the Developer or the Association on behalf of a Lot Owner,
or sums which may be required to be advanced by the Developer or the Association on behalf of
a Lot Owner, shall collectively be referred to in this Declaration as the Lot Owner's "Financial
Obligations. "
12.2 Liens: The Developer or the Developer's Assignee shall have a lien upon each Lot
against the Owner of such Lot for any and all of the Lot Owner's unpaid Financial Obligations, as
described above, together with interest thereon, and a lien for such unpaid Financial Obligations
upon and a security interest in all tangible personal property now or hereafter located upon said Lot
(which lien on the Lot and lien on the personal property are sometimes hereafter referred to as the
"Assessment Liens" or as a "Lien"), except that the Assessment Lien upon the aforesaid tangible
personal property shall be subordinate to any prior bona fide liens of record.
12.3 Interest: Any Financial Obligations of a Lot Owner which are unpaid after the due
date shall bear interest at the rate of eighteen percent (18%) per annum, or the highest interest rate
13
000623
that a judgment bears in the State of Wyoming, whichever is greater, from the due date until paid
in full, and the Developer (or the Association, if applicable) may assess a late charge of$5.00 for
each event of delinquency. Such interest and late charge shall become a part of the Financial
Obligations of the Lot Owner.
12.4 Attorney's Fees and Costs: The Developer (or the Association, ifapplicable) shall
be entitled to recover from each Lot Owner any costs and/or attorney's fees that it incurs incident
to the collection of any Financial Obligations of said Lot Owner, together with any costs, expenses
or monies advanced by the Developer or the Association for taxes or payment towards superior
mortgages, liens or encumbrances which may be required to be advanced by the Developer or the
Association in order to preserve and protect its Assessment Liens, and all such sums paid or
advanced by the Developer or the Association shall become a part of the applicable Lot Owner's
Financial Obligations.
12.5 Foreclosures: The Developer (or the Association, if applicable) may take such
action as it deems necessary to collect any unpaid Financial Obligations, including without
limitation, legal action, foreclosure of Assessment Liens, or settlement and compromise. All
Assessment Liens will be governed by the laws of the State of Wyoming, and the Developer (or the
Association, if applicable), shall have a private Power of Sale to conduct any foreclosure sale to
foreclose upon any Assessment Lien described herein. The Developer (or the Association, if
applicable) shall be entitled to bid at any sale held pursuant to a suit of foreclosure on an
Assessment Lien, and the Developer (or the Association, if applicable) may obtain a cash credit
against its bid for all sums due to the Developer or the Association covered by the Assessment Lien
on the Lot. The Developer (or the Association, if applicable) shall be entitled to appoint a receiver
to collect any Financial Obligations that are due from a Lot Owner.
12.6 Subordination: Any liens created by this Article XII shall be subordinate to the lien
of any Mortgage or Deed of Trust held by the Developer (or other purchase money lender) and the
rights of the Developer as seller under any real estate sales contract. Moreover, a sale or transfer
of a Lot pursuant to a foreclosure or forfeiture of any Mortgage, Deed of Trust, or contract held
by the Developer, or pursuant to any contract for deed or proceeding in lieu thereof, shall
extinguish the Assessment Lien as to payments which became due prior to such sale or transfer,
provided that any excess sale proceeds shall be applied to the payment of the Assessment lien. No
foreclosure or forfeiture as aforesaid shall relieve any Lot from an Assessment Lien for any
Financial Obligations thereafter becoming due or shall release any Lot Owner from his or her
personal liability to pay unpaid Financial Obligations. The Lot Owner's sale or transfer of any Lot
shall not affect the Assessment Lien,
12.7 Payment of Financial Obligations after Foreclosure: Except as provided above, any
person who acquires an interest in a Lot, including without limitation, persons acquiring title by
operation oflaw, including purchasers at judicial sales, shall not be entitled to occupancy of a Lot
or enjoyment of the Common Areas until such time as all unpaid Financial Obligations due and
owing by the former Owner of the Lot have been paid.
14
Article xm
UTILITIES
"000624
13.1 Developer's Regulation of Services: The Developer shall not be required to provide
garbage disposal service, security service or cable service for cable television and related uses, but
if it elects to provide the same, then except as may otherwise be provided herein, the Developer
shall determine the fÌ'equency and extent thereof, and the Developer may enter into a contract or
contracts with any firm, person, or corporation, including the Developer, for the maintenance and
repair of the Common Areas and Unsold Lots, and/or for the purpose of providing garbage disposal
service, security service, and/or cable service, if the Developer elects to do the same. Additionally,
the Developer may enter into a contract with the owners of any public utility for the furnishing of
such public services. The Developer may, trom time to time, enter into long-term leases for the use
of such public service utilities or may purchase the same outright, and thereafter the said facility will
become a part ofthe Common Area facilities.
13.2 Water: Domestic water will be provided to the Development by a common central
water system. No Lot Owner shall be permitted to drill a well in the Development for purposes of
obtaining water for any Lot therein. A water connection fee of$2,500 shall be assessed to each Lot
Owner at the time of the hook up to the central water system, which amount may be increased
trom time to time at the discretion of the Developer. Each Lot Owner may be assessed as provided
in Articles X, XI and XII for the costs and expenses of maintaining and operating the water system
as well as the costs and expenses of providing water. In addition, the Developer may also, fÌ'om
time to time, limit the amount of water usage at each Lot.
13.3 Sewer: The Developer has installed a central sewer system for sewage disposal for
the Development. A sewer connection fee of $2,500 shall be assessed to each Lot Owner at the
time of the hook up to the central sewer system, which amount may be increased ftom time to time
at the discretion of the Developer. Lot Owners will not be allowed to install their own private
sewage disposal system (such as septic tanks) on any Lot. Each Lot Owner may be assessed as
provided in Articles X, XI and XII for the costs and expenses of maintaining and operating the
sewer disposal system as well as the costs and expenses of providing sewage disposal service.
13.4 Electricity and Telephone Service: Jlectrical wiring and telephone wiring will be
installed in or adjacent to the streets of the Development by the Developer (the "Distribution
Lines"); however, all costs and expenses incurred by a Lot Owner in connecting onto the
Distribution Lines and all costs and expenses associated with maintaining electrical and telephone
lines between the Distribution Lines and the point of usage shall be at the sole cost and expense of
the applicable Lot Owner. Moreover, each Lot Owner shall be responsible to make his own
arrangements and agreements with the respective public utility companies for the purpose of
initiating service, and for continued service thereafter. No electrical transmission lines or telephone
lines shall be allowed in the Development above the ground within the Development, except for the
electrical transmission lines that presently exist in the Development.
15
000625.
13.5 Cable Television: Cable television service is not proposed for the Development;
however, the Developer may elect at any time to make arrangements for such service, on such
terms and conditions as it may deem appropriate, in which case each Lot Owner may be assessed
as provided in Articles X, XI and XII for the costs and expenses of maintaining and operating the
cable television system as well as the costs and expenses of providing cable television service.
13.6 Garbage: No solid waste disposal service is proposed by the Developer for the
Development, and therefore, all Lot Owners shall be required to subscribe to a local garbage
disposal service to remove their trash, refuse and solid waste from the Development to a sanitary
landfill or other disposal site approved by applicable governmental authorities. Prior to removal
from the Development, each Lot Owner shall keep and store all trash, refuse and solid waste in
solid waste containers suitable for those purposes, and in compliance with such rules as the
Developer may adopt from time to time, including a provision that all trash, refuse and solid waste
be deposited for pickup in common designated collection containers. No outside burning of any
trash, refuse or solid waste materials shall be allowed at any time in the Development. When a Lot
Owner contracts for the removal of trash, refuse and solid waste :ITom his Lot, then the cost thereof
shall be paid by the Lot Owner, in accordance with the rates and billing procedures of the company
which collects and disposes of the same. Notwithstanding the foregoing, the Developer reserves
the right to contract for trash, refuse and solid waste disposal services, when and if deemed
necessary by the Developer, in which case each Lot Owner shall be required to either pay the
disposal company directly according to its rates and billing procedures, or pay the Developer the
applicable fees required to pay for said services, pursuant to a Special Assessment which may be
assessed and collected by the Developer for the same as provided in Articles X, XI and XII.
13.7 Restriction on Trash Accumulation: No trash, rubbish, garbage, refuse, solid waste,
debris, organic or inorganic wastes, dead animals, scrap metal, junk cars or equipment, or the like,
shall be pennitted to accumulate on any Lot or any street adjacent thereto, but shall be promptly
and efficiently disposed of, and no vacant or other Lot shall be used as a dump ground or burial pit
for any of the foregoing items. If the Lot Owner is not in full compliance with this provision, such
Lot Owner shall be notified in writing of the violation and given 72 hours to bring the Lot into
compliance. If the Lot is not brought into full compliance, a $50 per day penalty shall be assessed
and shall continue to accrue until compliance has been completed, and the Developer (or the
Association, if applicable) shall have a Lien upon the applicable Lot for the amount of such penalty,
together with interest thereon at the same rate as any other unpaid Assessment, which may be
collected in the same manner as any other unpaid Assessment, pursuant to the terms of this
Declaration.
13.8 Street Maintenance: THERE SHALL BE NO PUBLIC MAINTENANCE OF
STREETS OR ROADS IN THE DEVELOPMENT. Ownership of the streets and roads in the
Development shall be retained by Leisure Valley, Inc., and no interest in the streets or roads shall
be conveyed pursuant to the sale of any Lot or other interest in the Development. The streets shall
be maintained through the payment of Annual Assessments, Maintenance Fees or Special
Assessments for Capital Improvements as provided in Articles X, XI and XII. During winter
months, reasonable snow removal service will be provided. Notwithstanding anything contained
herein to the contrary, in the event any. Lot Owner (other than Developer), connects onto any of
16
000626
the utilities described in this Article XllI, and such connection requires cutting across, removing
or otherwise disturbing any portion of any street in the Development, then the Lot Owner
requesting the utility connection (other than the Developer), shall, in addition to any and all other
connection fees which may be required to be paid hereunder or otherwise, also pay the full cost and
expense of restoring the street within the Development to its condition immediately prior to the
excavation or disruption thereof, including without limitation, the replacement of pavement
surfaces, concrete surfaces, seal and chip surfaces, and the like, which costs and expenses must be
paid in advance, prior to the installation of the utility hookup and prior to the disturbance of the
applicable street; provided, however, in the event said costs and expenses are for any reason not
collected or paid in advance, then the Developer may (but shall not be required), to restore the
applicable street and/or pay the cost of restoring the same, and then seek reimbursement for said
costs and expenses ITom the applicable Lot Owner, which unpaid costs and expenses shall be a Lien
upon the applicable Lot which may be collected in the same manner as any other unpaid
Assessment, pursuant to the terms of this Declaration.
13.9 Firefighting Response: Onsite firefighting facilities are not proposed for the
Development; however, firefighting services are currently available to the Development by the
Thayne, Wyoming, Volunteer Fire Department. Fire hydrants will be installed and available in the
Development.
Article XIV
TIME CONSTRAINT ON CONSTRUCTION AND
ARCHITECTURAL APPROVAL OF CONSTRUCTION PLANS
14.1 Time Constraint on Construction: All Lot Owners are financially obligated to cause
(including paying for) the construction of a house (meeting the definition of a primary residential
Structure, pursuant to Paragraphs 14.3.1 and 14.3.8, below) on the Lot, using one of the
Developer's approved plans, and must commence construction of said house no later than forty-
eight (48) months ITom the date the contract for sale of said Lot is fully executed. The Lot Owner
is obligated to fully and finally complete construction of the approved house on the Lot (completion
of said house to be evidenced by the issuance of a certificate of completion by the relevant
governmental authorities) no later than sixty (60) months ITom the date the contract for sale of said
Lot is :fully executed. In the event the Lot Owner fails to satisfy the foregoing obligations, then title
to the Lot shall revert to the Developer upon the Developer (1) sending a written notice to the Lot
Owner (by U. S. Mail to the Lot Owner's address set forth in the contract for sale of the Lot, unless
the Lot Owner provides a new address to the Developer in writing) notifYing the Lot Owner that
his interest in the Lot is being terminated, and (2) refunding to the Lot Owner any principal sums
(but not interest payments) paid to the Developer under the contract for sale of the Lot (by check
mailed to the foregoing address). If the Lot Owner fails to satisfy the foregoing obligations and the
Developer takes the foregoing actions, the Lot Owner's right to the Lot shall immediately terminate
(such that he shall no longer be deemed a "Lot Owner"), the Developer shall have the right to re-
enter and possess the Lot in fee simple absolute, and the (now former) Lot Owner shall have a duty
to immediately remove any liens or encumbrances on the Lot that did not exist as ofthe recording
17
000627
of the deed to the Lot pursuant to the contract for sale thereof. The Developer may take any action
it deems necessary to make a public record of the foregoing requirements, including, without
limitation, placing a reversionary clause in all deeds recorded by the Developer with respect to the
sales of all Lots in the Development. Álly liens or encumbrances created or imposed on the Lot
Owner's interest shall be subject and subordinate to the Developer's power of termination, and
upon exercise of the power of termination shall be null and void; however, notwithstanding anything
herein to the contrary, in order to facilitate the Lot Owner's efforts to obtain financing for the
construction of a house on the Lot, the Developer will record a relinquishment of its reversionary
interest immediately prior to the recording of construction loan financing documents to be recorded
by a financial institution licensed to make home construction loans in the State of Wyoming, upon
being provided with documentary evidence sufficient to satisfy the Developer that the Lot Owner
will have sufficient funds to complete the construction of a house on the Lot and that the Lot
Owner also has in place a valid, arms-length contract with a home builder sufficient to construct
a house on the Lot according to the approved plans within the time-period set forth above.
14.2 Approval from Developer: No construction or material alteration of any
improvement on any Lot, including, without limitation, any house, cabin, garage, outbuilding,
storage shed, fence, wall, satellite dish, antenna, flagpole or propane tank, and the like (hereinafter
collectively referred to as a "Structure"), may be commenced on any Lot without first obtaining
architectural approval of the construction (or material alteration) of the Structure ftom the
Developer, which approval shall not be unreasonably withheld. In order to obtain approval for the
construction or alteration of a Structure pursuant to this Article, the Lot Owner shall submit to the
Developer two (2) copies of the site plan design, architectural building plans (including a scaled
floor plan), exterior elevations indicating height, a list of exterior materials for all Structures, the
locations and dimensions of all garages, porches, decks, stoops, chimneys, vents, doors, windows,
trim, fences, walls, satellite dishes, antennae, flagpoles, propane tanks (and the like) and special
architectural features, together with an indication of all construction materials and colors, and
samples of all exterior building materials, and a landscape plan for all new construction and all
material alterations which affect existing landscaping. Written construction pennits authorized by
the Developer shall be required for any new construction or any material alteration of any
improvement on any Lot authorized herein, together with written approval of the finished
construction. One copy of the plans and related data shall be retained by the Developer for its
records, and the other copy shall be returned to the Lot Owner indicating approval and any
modifications required for construction of the same. The Developer shall act upon an application
for approval of such plans within thirty (30) days, and a $100 fee shall be assessed for plan review.
The Lot Owner will be charged $750.00 to cover the costs of a plan re-draw fee and to cover
printing costs for eight (8) complete sets of their approved plan. The Developer may from time to
time, adopt rules and regulations, to be known as "Architectural Rules and Regulations" for the
purpose of giving guidance to the Lot Owners concerning the preparation of plans, specifications
and related data. These restrictions are for the purpose of providing a uniform. plan for the
construction and maintenance of the Development with the intent of establishing a country ranch-
style atmosphere with homes that are compatible with each other in design and appearance. Any
approval given by the Developer shall not constitute a warranty, express or implied, of compliance
with any applicable buildirig or safety codes or ordinances, or for any other purposes other than the
authority for the Lot Owner submitting the plans to commence construction. Moreover, approval
of any plans by the Developer shall not constitute a representation, warranty or guarantee, whether
18
000628
express or implied, that such plans and specifications comply with good engineering design or with
zoning, or other governmental regulations or restrictions. By approving such plans and
specifications, neither the developer nor any of its agents assume any liability or responsibility
therefor, or for any defect in the Structure constructed :trom such plans or specifications. If any
Structure in the Development is erected which, in the sole judgment of the Developer, is of an
offensive or unsightly appearance, the Developer may take such action as may be necessary in its
judgment to improve the appearance so as to make the Structure harmonious with other Structures
in the Development, including completion of the exterior of the Structure, landscape, screening or
covering of the Structure, or any combination thereof, or similar actions, and the amount of any
expenditures made in so doing shall be a lien on the applicable Lot which may be enforceable by
an action at law. Neither the Developer nor any of its agents shall be liable to any Lot Owner,
occupant or other person or entity for any damage, loss or prejudice suffered or claimed on account
of (a) the approval or disapproval of any plans, drawings and specifications, whether or not
defective, or (b) the construction or performance of any work, whether or not pursuant to the
approved plans, drawings and specifications.
14.3 Structural Improvements: All Structures and structural improvements in the
Development shall be constructed and maintained as hereinafter set forth:
14.3.1 Structure Restrictions: Structures shall be constructed of new materials.
Prebuilt- modular homes shall not be permitted. All building type Structures shall require a Lincoln
County, Wyoming, Building Permit and must have approved Lincoln County building inspections.
No primary residential building Structure on Lots 9 through 59 of Bridger Mountain Phase I,
described on Exhibit "N' hereto, shall have a main (or ground) floor area (exclusive of porches,
carports, or garages) ofless than 1,100 square feet; except that a variance :trom this requirement
may be granted by the Developer in its sole discretion. No building Structure (of any kind) shall
exceed two (2) stories above ground (excluding abasement) and! or exceed thirty feet (30') in height
above the finish grade level, whicheveris less (i. e., whicheveris lower in elevation). Building height
shall be measured trom the lowest existing grade to the highest point of the roof structure, but shall
not include chimneys, vents, weather vanes or antennas. The setbacks for all building Structures
on Lots 9 through 29 of Phase I shall be as follows: (a) setbacks from any street must be a minimum
of twenty feet (201) from the Lot line bordering the street, (b) side yard setbacks must be a
minimum of fifteen feet (15') from Lot lines, and (c) rear yard setbacks and setbacks bordering the
Bridger Mountain Golf Course must be a minimum of sixty feet (601), unless a more restrictive
setback is required by the subdivision map of the Development. The setbacks for all building
Structures on Lots 30 through 39 and on Lots 56 through 59 of Phase I shall be as follows: (a)
setbacks :trom any street must be a minimum of twenty feet (20') from the Lot line bordering the
street, (b) side yard setbacks must be a minimum of twelve feet (121) :trom Lot lines, and (c) rear
yard setbacks and setbacks bordering the Bridger Mountain Golf Course shall be a minimum offifty
feet (50'), unless a more restrictive setback is required by the subdivision map of the Development.
The setbacks for all building Structures on Lots 40 through 55 of Phase I shall be as follows: (a)
setbacks :trom any street must be a minimum of twenty feet (20') trom the Lot line bordering the
street, (b) side yard setbacks must be a minimum of nine feet (91) trom Lot lines, and ( c) rear yard
19
000629
setbacks and setbacks bordering the Bridger Mountain Golf Course shall be a minimum of seventy
feet (70') unless a more restrictive setback is required by the subdivision map of the Development.
The location of all building Structures on any Lot in the Development shall first be approved by
the Developer prior to the construction thereof: which approval shall not be unreasonably withheld.
The Developer shall have authority to grant a variance with respect to the setback requirements set
forth herein upon a showing of hardship, resulting ftom an irregular Lot shape, irregular
topographic conditions, or other unique and/or unusual circumstances or conditions.
14.3.2 Exterior Materials and Finishes: The materials on the exterior of any
building Structures shall be new material, except for architectural detailing, which may utilize
"used" materials; provided, however, that used materials shall be approved by the Developer.
Approved exterior finish material for building Structures shall include wood, redwood, cedar, log,
stucco with wood accents, brick, rock, cement plank siding, and natural wood siding, except that
glossy painted finishes shall not be permitted. Exterior finishes may include semi-transparent heavy
body stains, pigmented preservatives or clear glossy preservatives. Submission of samples of
exterior materials is a condition precedent to the Developer's approval of any plan or construction,
and the owner shall use materials which are identical to the samples submitted, or which do not
materially vary thereftom. All exposed metal shall have a dull colored finish, or shall be of a flat
color anodized or painted. No geodesic domes, underground Structures or berm-type homes shall
be permitted, except that a traditional basement shall be permitted which has an approved 1 or 2
story above-ground home situated on top of the basement.
14.3.3 Roofs: Roofs shall have a minimum overhang of sixteen inches (16") and
shall have a pitch of not less than 6-12. Solar collectors shall not be considered to be roofs.
Permitted roofing materials shall be shake, composition, tile, slate, or tin which is neutral (as
detennined by the developer) or earthtone in color. All roofing materials, colors and designs must
be submitted to the Developer for approval, and the Lot Owner shall use materials which are
identical to the samples submitted, or which do not materially vary thereftom.
14.3.4 Antennas: All television, radio and other antennas and satellite dishes shall
be located so as to be inconspicuous in their location, and all such antennas, including television
antennas, satellite dishes, and ham radio antennas must be approved by the Developer.
14.3.5 Solar Collectors: Solar collectors may be of any construction material or
pitch required for efficient operation; however, they shall not be placed on a Structure in a manner
which may cause unreasonable or objectionable glare to any neighboring residence. Solar.collectors
shall be integrated into the Structure of a residence, garage, carport or accessory building, and shall
not be ftee-standing. Solar collectors shall be permitted only upon specific approval of the
Developer.
14.3.6 Foundations: Exposed foundations of concrete or other masonry materials
shall not have an exposed surface which exceeds a height of twelve inches (12") above the finished
grade of the Structure, unless approved by the Developer. All concrete that extends twelve inches
20
.000630
(12") or more above ground level shall be coated with stucco, plaster, covered by rock or brick,
or painted with a color which blends with its natural surroundings.
14.3.7 Secondary Structures: Secondary Structures on a Lot such as a detached
garage or storage shed shall match the external design of the main Structure, shall be made of the
same basic material as the primary Structure, and shall be subject to same setbacks as the primary
Structure.
14.3.8 Single Family Dwellings: No residential building Structure shall be erected,
placed, altered or pennitted to remain on any Lot other than a residential building Structure which
is designed and used solely for a single family residence and their guests. No multi-family residential
building Structures shall be pennitted in the Development, including without limitation, multi-
family Structures such as duplexes, fourplexes or apartment buildings. No more than one (1)
primary residential building Structure together with one (1) attached garage, and one (1) detached
non-residential building Structure, such as a shop, detached garage, motor-home garage, or other
outbuilding may be constructed on any Lot in the Development; provided, however, that any such
non-residential building Structure, shall be no larger than 900 square feet and shall be located within
twenty feet (20') of the primary residential building Structure, and said detached non-residential
building Structure must be architecturally the same as the primary residential building Structure,
by using the same approved siding and roofing as the primary residential building Structure,
14.3.9· Occupancy: No residential building Structure on any Lot may be used for
dwelling purposes unless and until all sanitary facilities and utilities have been permanently installed,
and the residential building Structure is substantially completed. No tent, teepee or similar structure
or device shall be placed on a Lot, without the prior consent of the Developer. No shack shall ever
be placed on a Lot and no trailer, motor home, camper, pop-up trailer, recreational vehicle,
outbuilding, or other similar structure or device shall be placed on a Lot and used as a residence
during construction of a residential building Structure.
14.3.10 Fencing: No fencing will be allowed within the Development, except for:
(a) a small side yard dog run fence which must not exceed four (4) feet in height, the design and
extent of which must be approved by the Developer, (b) the exterior Development boundary fence
that currently exists or that the Developer may install in the future, and (c) a uniform see-through
fence, which may be constructed within fifteen feet (IS') of the borderline of all of the Lots which
adjoin the Bridger Mountain Golf Course (on the "Lot side" thereof), such that the fence shall
encroach upon each such Lot by a distance of approximately fifteen feet (15') from such borderline
(hereinafter the "Golf Course Borderline Fence"), which Golf Course Borderline Fence may be
constructed by the Developer at any time the Developer may elect to construct the same, and the
cost of construction and the maintenance thereof shall be borne by the adjoining Lot Owners in
direct proportion to the length of the fence on each Lot, as compared to the total length of such
Golf Course Borderline Fence.
21
00063:1
14.3.11 Signs: No real estate signs (including without limitation "For Sale"signs),
political signs, protest signs or other signs of any kind (including without limitation, billboards,
posters or other advertising devices of any kind or character), shall be erected or displayed upon
any of the Lots in the Development at any time if they are visible from any street in the
Development or from any other Lot in the Development (including signs which may be located
inside of a building Structure which are visible through a window), except promotional signs by the
Developer, and signs of an approved type and size displayed to identify streets and signs to identify
the occupants of a residential building Structure. The Developer may grant a variance for a "For
Sale" sign, provided it is constructed and displayed in accordance with any restrictions and/or
specifications given by the Developer.
14.3.12 Clotheslines: No outside clotheslines or other outside clothes drying will
be permitted in the Development.
14.3.13 Outdoor Lights: Any outdoor lighting used to illuminate any portion of a
building structure or Lot shall be designed so that the illumination thereftom shall be reasonably
contained within the legal boundary of the Lot illuminated. Outdoor lights shall be allowed as long
as they are not unreasonably bothersome to adjacent Lot Owners; provided, however, that such
lighting must be included in a landscape design submitted to the Developer.
14.3.14 Propane Tanks: Propane tanks must not exceed 1,000 gallons in capacity,
must be fifteen (15) feet away from all building Structures and property lines, and may not be
farther than twenty feet (20') away from the building Structure served thereby. All propane tanks
must be buried, and the location and type thereof must be approved by the Developer.
14.3.15 Flagpoles: Flagpoles shall not be more than twenty feet (20') in height
above the finished floor grade of any building Structure and the base thereof must be buried in the
ground to a depth equal to at least ten percent (10%) of the pole height. Addìtionally, the flagpole
shall be no more than three inches (3 ") in diameter at its base, and shall be màde of anodized or
brushed aluminum, fiberglass or white painted steel. Maximum flag dimensions shall be four feet
(4') by eight feet (8'). Each Lot Owner shall be allowed only one (1) flagpole, and no more than two
(2) flags may be displayed thereon at any given time.
14.3.16 Miscellaneous Structures: No windmills, windsocks or electric fences shall
be permitted in the Development. Additionally, no fuel tanks shall be permitted except for propane
tanks as otherwise provided in this Declaration.
14.3.17 Variances: The Developer may grant variances to the restrictions contained
herein when required because of personal handicaps, uniqueness of a Lot shape, Lot elevation or
Lot location or for any reason determined materially relevant by the Developer, as long as the end
result is consistent with the theme, spirit and overall concept of the Development. The Developer
has full authority to grant a variance to any rule or regulation contained in this Article.
22
000632
14.4 Violation of Approved Plans: If it is determined by the Developer that work
completed on any Lot in the Development has not been completed in compliance with the final
plans approved by the Developer, then the Developer, or its Assignee, may notify the Lot Owner
in writing of such non-compliance within thirty (30) days of inspection, specifying in reasonable
detail the particulars of the non-compliance, at which time the Developer may require the Owner
to remedy the same. The Developer shall have the right to enter upon any Lot in the Development
to determine compliance with approved plans with respect to any construction on any Lot in the
Development. If within thirty (30) days after notification of an item of non-compliance on any
given Lot the Lot Owner thereof fails to remedy the same or shall fail to commence and continue
diligently toward achieving compliance, then in that event the Developer, or its Assignee, shall have
the right to ( a) remedy any such item of non-compliance by taking any and all action which it deems
appropriate to remove and! or correct the same, without being deemed guilty of trespass by reason
thereof, (b) impose and take any action necessary to collect a fine up to an amount which shall not
exceed ten percent (10%) of the cost of achieving compliance as aforesaid, ( c) seek injunctive relief,
and (d) take' any action necessary to collect and recover all costs and expenses incurred in
remedying the item( s) of non-compliance. All ofthe above-described costs and expenses (including
any fine which may be imposed by the Developer or its Assignee) shall be a lien against the
applicable Lot that may be collected as a Financial Obligation of the Lot Owner by the Developer
if such is not paid within ten (10) days after receipt by the Lot Owner ofa written demand therefor
from the Developer.
Article XV
INSURANCE PROVISIONS
15.1 Liability Insurance: At the time of the Developer's Relinquishment of all or any
portion of the Development to the Association, the Board of Directors of the Association shall
obtain and keep in force Public Liability and Property Damage insurance covering all of the
Common Areas (and Unsold Lots, if any) which have been transferred to the Association and
insuring the Lot Owners, as their interests appear, in such amounts as the Association may
determine from time to time, provided that the minimum amount of coverage shall be $1,000,000
for one person, $2,000,000 per incident, and $500,000 property damage. Premiums for the
payment of such insurance shall be paid by the Association as a Common Expense.
15.2 Casualty Insurance: After the Developer's Relinquishment of all or any portion of
the Development to the Association, the Association shall obtain and keep in force Fire and
Extended Coverage Insurance and Vandalism and Malicious Mischief Insurance insuring all of the
common insurable improvements (including any improvements on Unsold Lots which have been
transferred to the Association) within the Development, including personal property owned by the
Association, from a company acceptable to the Board of Directors of the Association, in an amount
determined by the Board of Directors. The premiums for such coverage and other expenses in
connection with said insurance shall be paid by the Association as a Common Expense. All policies
purchased by the Association shall be for the benefit of the Association, and:
23
000633
15.2.1 It shall be presumed that the first monies disbursed in payment of any costs
of repair and restoration shall be made from the insurance proceeds, and if there is a balance in the
funds after payment of all costs of the repair and restoration, such balance shall be distributed to
the Association's General Fund for payment of Common Expenses.
15.2.2 Any repair and restoration must be substantially in accordance with the plans
and specifications for the original improvements, or according to the plans approved by the Board
of Directors of the Association.
15.2.3 Such other insurance may be carried as the Board of Directors of the
Association shall determine in its discretion from time to time to be desirable.
15.2.4 Each individual Lot Owner shall be responsible for purchasing at his own
expense any liability insurance he may deem necessary to cover accidents occurring upon his own
Lot, and for insuring his personal property.
Article XVI
USE AND OCCUPANCY
16.1 Lot Restrictions: All Lots shall be restricted in their use and occupancy as follows:
16.1.1 Businesses: No Lot or any Structure or improvement erected thereon shall
at any time be used for the purpose of any trade, profession, manufacturing or commercial business
of any description, nor for hospitals or care/nursing facility, group home, duplexes, apartment
houses or any other multiple dwelling houses; provided, however, that the foregoing shall not be
construed so as to prevent the Developer from designating certain areas reserved to it as
commercial for its use in supplying goods and services to the Lot Owners in the Development, or
for its use in connection with the sale of Lots or other property, whether inside or outside of the
Development.
16.1.2 Annoyances: No illegal activities or activity which constitutes a nuisance
(including any and all activities which cause excessive and! or disturbing noises, smells, dangers, or
unsightly conditions), shall be conducted or maintained on any Lot in the Development, including
without limitation, any activities which are the source of unreasonable annoyance to residents or
which interrere with the peaceful possession and proper use of the Development by its residents.
Complaints concerning an alleged violation of this restrictive covenant may be brought to the
attention of the Developer in writing, and its decision concerning the matter shall be final.
16.1.3 Mining: No mining or other mineral exploration or development activities
shall be permitted within the Development, including the removal of gravel; provided, however, that
excavation for landscape purposes may be permitted with the prior written approval of the
Developer, and exploration, drilling and removal of oil and gas shall be permitted by the Developer.
24
000634
16.1. 4 Weeds: Lot Owners shall take all action necessary to control noxious weeds
as defined by the Lincoln County, Wyoming Weed and Pest Control Board and/or the Developer.
Because the timing for effective control of noxious weeds is very critical, if a Lot Owner fails to
respond immediately to a written request for weed control from the Developer, the Developer shall
have the right to contract for such control services, and the company so contracted shall have the
right to enter upon such Lot to treat noxious weeds without any liability for trespass or damages,
unless grossly negligent. In the event that the Developer provides for noxious weed treatment as
described herein, the Owner of a Lot which is treated for noxious weed control shall pay all costs
incurred by the Developer, and the Developer shall have a lien against said Lot for the costs
incurred, which may be enforced by an action at law against the Lot Owner.
16.1.5 Agricultural Operations: The growing and harvesting of commercial crops
will not be allowed in the Development. Personal gardens shall be pennitted if they are included in
or added to the landscape plan of the Lot, are no larger than 4000 square feet in size, and approved
by the Developer.
16.2 Animals: The following restrictions shall apply to animals kept at the Development:
16.2.1 Dogs and other Domestic Pets: No Horses shall be allowed on any Lot.
Dogs and other domestic pets (hereinafter "pets") shall be controlled and restrained at all times and
shall not be allowed to run at large on any portion of any Lot. All pets shall be kept on a leash if
they are allowed outside of any enclosed structure. Lot Owners shall not pennit the fecal material
:trom any pets to accumulate on their Lot, but rather shall promptly clean up any such material and
dispose of the same. In the event a pet trespasses onto a neighboring Lot, the Developer and/or the
adjacent Lot Owner may restrain and/or remove the same, in which case the owner of the pet shall
bear the full cost of said restraint and/or removal. Pets which exhibit a vicious character and/or a
propensity to bark loudly for unreasonable periods of time shall not be pennitted in the
Development, and in no event shall more than three (3) adult dogs be kept on any Lot. The
Developer may require any outside housing for pets to be surrounded by a small side yard dog run
fence which must not exceed four feet (4') in height, the design and extent of which must be
approved by the Developer. Any Lot Owner having a complaint concerning the pets of another Lot
Owner, may submit a written complaint to the Developer, and if the Developer determines that the
pet owner has viÇllated any ofthe terms of this Declaration concerning pets, or any other reasonable
rules concerning the keeping of pets at the Development which may hereafter be promulgated by
the Developer, then the Developer may issue a written reprimand to the pet owner, and in the event
the Developer issues three (3) written reprimands to any given pet owner within a one-year time
period, then such pet owner shall no longer be pennitted to keep such pet in the Development.
16.2.2 Poultry and other Commercial Animals: Except for pets as herein defined,
no Lot Owner shall keep any poultry or farm or other commercial animals on any Lot in the
Development.
16.2.3 Domestication of Wild Animals: The act of domesticating wild animals
(including without limitation the act of "breaking horses") shall not be pennitted at any time upon
any Lot or other portion of the Development.
25
1r
000635
16.3 Fireanns: No hunting of any kind or discharge of any fireanns of any nature
whatsoever (including without limitation the discharge of any rifle, shotgun, pistol, black powder
rifle, pellet gun, BB gun, crossbow, bow and arrow, and the like) shall be permitted at any time in
the Development.
16.4 Fireworks: Except with the prior approval of the Developer, no fireworks of any
kind or nature shall be stored upon, detonated or otherwise used at any location in the
Development. In the event any Lot Owner or his or her children, grandchildren or guests violate
this rule, a fine of $1 00 per occurrence shall be assessed against such Lot Owner, and, in the event
said fine is not paid within ten (10) days of written notice of said violation, the Developer (or the
Association, if applicable) shall have a Lien upon the applicable Lot for the amount of such penalty,
together with interest thereon at the same rate as any other unpaid Assessment, which may be
collected in the same manner as any other unpaid Assessment, pursuant to the terms of this
Declaration.
16.5 Fire Protection: In order to protect the Structures located on the Development from
damage by fire, the Developer may adopt reasonable fire protection restrictions and regulations,
including but not limited to the following:
16.5.1 The maintenance of spark arresters on chimneys.
16.5.2 Maintenance of an externally accessible fire "tool box" (including a fire
extinguisher) at each residential Structure.
16.5.3 Maintenance at each dwelling Structure of an externally accessible water
hose (equipped with a fire nozzle), 100 feet in length, connected to a primary or auxiliary water
system.
16.5.4 Prior Approval by the Developer of all barbeque sites and barbeque devices
(whether stationary or portable).
16.5.5 A prohibition of all outdoor burning of grass, refuse or other outside fires,
except as specifically approved by the Developer.
16.5.6 Correction by Lot Owners of all fire hazards and/or conditions which could
result in fire hazards, as determined by the Developer.
16.6 Wood Cutting: There shall be no tree cutting and/or removal of timber located on
any Lot on the Development, with the exception of the removal of timber located in the area ofan
approved building construction site, and with the further exception of the removal of so-called
"dead fall" or diseased trees after obtaining written approval from the Developer.
26
000636
16.7 Speed Limit: The speed limit for all motorized vehicles operating within the
subdivision shall be a maximum of25 miles per hour, unless otherwise changed by the Developer,
16.8 Non-operative Vehicles and Equipment: Non-operative, wrecked, junked or
otherwise unusable motor vehicles, motorized equipment and non-motorized equipment shall not
be stored or otherwise kept on any Lot or Common Area within the Development, unless kept
inside of a closed building so as to not be visible trom the outside; provided, however, that antique
farm or ranch equipment may be displayed outdoors in the Development if specifically approved
in writing by the Developer. If the Lot Owner is not in compliance with this provision, such Lot
Owner shall be notified in writing of the violation and given 72 hours to bring the Lot into
compliance. If the Lot is not brought into full compliance, a $50 per day penalty shall be assessed
and shall continue· to accrue until compliance has been completed, and the Developer (or the
Association, if applicable) shall have a Lien upon the applicable Lot for the amount of such penalty,
together with interest thereon at the same rate as any other unpaid Assessment, which may be
collected in the' same manner as any other unpaid Assessment, pursuant to the terms of this
Declaration.
16.9 Lawn. Garden and Yard Equipment: Any and all lawn, garden and yard equipment,
whether motorized or non-motorized, must be stored inside of buildings, specifically approved in
writing for that purpose by the Developer.
16.10 Recreational Vehicles and Trailer Storage: Recreational vehicles, motor homes,
trailers, campers, pop-up trailers, boats, water craft, snowmobiles, three and four wheel all terrain
vehicles, fifth-wheel trailers, all terrain vehicles, and the like, may be stored in a neat and orderly
fashion on a Lot in the Development if they are parked within fifteen feet (15') of and parallel to
the principal residential Structure on a concrete or paved asphalt slab and the recreational vehicle
or trailer does not extend out past the tront of the garage, or such items that may be stored in a
garage or motor home garage as described in paragraph 14.2.8.
16.11 Water Rights: Any adjudicated water rights of record in connection with the real
property located within the Development are ~o be retained by the respective Lot owners except
all water right~ assigned and belonging to the roadways shall be relinquished or abandoned by the
Developer.
16.12 Lot Division: No Lot in the Development, as shown on the subdivision map, shall
be divided.
16.13 Homestead Exemption Laws: All rights under and by virtue of the Homestead
Exemption Laws of the State of Wyoming have been waived and released in connection with the
Development.
16.14 Outdoor Toilets: No outdoor toilet, privy or outhouse shall be installed, permitted,
allowed or maintained on any Lot on either a permanent or a temporary basis except that a
27
000637
temporary portable outdoor toilet, privy or outhouse may be used during construction of a
residential building Structure.
16.15 Developer's Right to Clean Lots: All parts of each Lot shall be kept in a clean and
sanitary condition, and no trash, rubbish, garbage, refuse, solid waste debris, organic or inorganic
wastes, dead animals, scrap metal, junk cars, equipment or the like shall be allowed to accumulate
or any fire hazard allowed to exist. The Developer shall have the right, but not the duty, to clean
any Lot found in violation of this provision and to charge the expense of cleaning to the Lot Owner
responsible therefor, and to collect said expense in the same manner as delinquent Financial
Obligations owed to the Developer.
16.16 All Terrain Vehicles: Motorcycles, three-wheel vehicles, four-wheel all terrain
vehicles or dune buggies may be driven in the Development unless the noise level thereof is
unacceptable to the Developer or its representative.
16.17 Parking: It is the intent of the Developer to restrict on-street parking as much as
possible. Vehicles of all Lot Owners, Lessees and Residents, and of their employees, guests and
invitees shall not obstruct the usage of any street in the Development, and shall be kept in garages,
carports, residential driveways of the Lot Owner, and in other designated parking areas wherever
and whenever such facilities are sufficient to accommodate the number of vehicles at a Lot;
provided, however, that this Paragraph shall not be construed to permit the parking in the above-
described areas of any vehicle whose parking in the Development may otherwise be prohibited or
the parking of any inoperable vehicle.
16.18 Common Areas: No person shall use the Common Areas or any part thereof, or a
Lot or any part thereof, in any manner contrary to or not in accordance with such rules and
regulations pertaining thereto as from time to time may be promulgated by the Developer or the
Association.
16.19 Right of Entry: During reasonable hours and upon reasonable notic~ to the Owner
or other occupant of a Lot, the Developer, or any authorized representative of the Developer shall
have the right to enter upon and inspect any Lot and the improvements thereon, except for the
interior portions of any completed residential building Structure, for the purpose of ascertaining
whether or not the provisions ofthis Declaration have been or are being complied with, and such
persons shall not be deemed guilty of trespass by reason of such entry.
16.20 Reservation of Common Areas: The Developer reserves the right to require
reservations for the use of any recreational Common Area of the Development, and further reserves
the right to charge a fee to reserve and! or use the recreational Common Area if and when deemed
necessary. Each Lot Owners' right to the use of the recreational Common Areas of the
Development shall be restricted to their immediate and extended family, tenants, lessees and guests;
however, the Developer shall have the right to reasonably limit the number of guests which may be
invited to use such facilities. The Developer shall have the right to establish additional rules and
regulations regarding the use of the recreational Common Areas of the Development, including if
28
000638
deemed appropriate, a requirement that all minor children be escorted by a resident adult in all ot
part of the recreational Common Areas of the Development. The Developer shall also have the right
to establish separate and! or additional fees for Lot Owners and! or guests ofLot Owners who utilize
the recreational Common Areas of the Development. No one shall obstruct any recreational
Common Areas by either parking vehicles, equipment or other items thereon which may restrict the
use thereof No one shall place or store any items of any nature whatsoever within the Common
Areas of the Development without the prior written consent of the Developer.
16.21 County Regulations: These covenants are not enforced by the County of Lincoln,
State of Wyoming. All development must comply with Lincoln County Land Use Regulations.
16.22 Right to Prosecute: These restrictions shall be considered as covenants running with
the land, and shall bind all purchasers of any Lots in the Development, and their heirs, executors,
administrators, successors, and , assigns, and if said Lot Owners, or any of them, their heirs, execu-
tors, administrators, successors or assigns shall violate or attempt to violate any of the covenants
or restrictions herein contained, it shall be the right of any person or persons owning any Lot in the
plat in which said Lot is situated to prosecute any proceeding at law or inequity against the person
or persons violating or attempting to violate any such covenant or restriction and either to prevent
him or them ftom so doing or to recover damages for such violation, including costs of the suit and
a reasonable attorney's fee. Nothing herein shall preclude the Developer ftom filing different or
additional restrictions on future plats associated with or contiguous to the Bridger Mountain
Development.
16.23 Acts Which Increase Insurance Rates: No Lot Owner shall permit or suffer anything
to be done or kept in or on his Lot which will increase the rate of insurance on the Development
property.
Article xvn
EASEMENTS
17.1 Private Roads: All streets and roads within the Development, including without
limitation Bridger Mountain Drive and Bridger Mountain Circle as shown on the subdivision map
of the Development, shall be retained by Leisure Valley Inc., as private roads with a non-exclusive
right-of-way granted to each Lot Owner, such that the Owners of Lots shall have a right-of-way
for ingress and egress over and across all roadways within the Development, except such roadways
as Developer may develop or designate for special purposes, such as maintenance or loading.
17.2 Utilities and Drainage: Easements for utilities and drainage identical in location to
the streets shown on the subdivision map of the Development and certain 10-foot wide easements
along certain of the sides of the Lots and along the rear of each Lot of the Development, as shown
on the subdivision map thereof, are reserved for the underground installation of water, sewer,
power, telephone cable, cable television, storm water drainage and other utilities appurtenant to the
Development and/or for any adjacent property.
29
- 000639
17.3 Encroachments: The respective Owners of the Lots shall be deemed to agree that
ifany portion of the improvements on any Unsold Lot or Common Area encroach upon an adjacent
Lot, a valid easement for such encroachment and maintenance of the same, so long as it stands,
shall and does exist.
17.4 Miscellaneous Easements: The Development is also subject to other easements,
rights-of-way, and encumbrances which are shown in the records of Lincoln County, Wyoming
and/or on the subdivision map of the Development.
17.5 No County Maintenance: THERE SHALL BE NO PUBLIC MAINTENANCE
OF STREETS OR ROADS IN THE DEVELOPMENT. In accordance with Section 18-5-306
(a)(vii), Wyoming Statutes, 2000, as amended, certain streets, alleys or roadways within the
subdivision may remain private, in which case the Board of County Commissioners of Lincoln
County, Wyoming, will be under no obligation to repair, maintain or accept any dedication of such
road to public use. Leisure Valley Inc., will retain ownership ofthe roads within the subdivision and
will grant to each Lot owner a right of way for ingress and egress over and across all roadways
within the Development. Ifa sufficient number (as required by applicable State law) of registered
voters who are Lot Owners of the Development shall ever voluntarily elect (not by forced
annexation) to become incorporated into the Town of Star Valley Ranch then Leisure Valley, Inc.
will transfer ownership of the roads to the Town of Star Valley Ranch. If such an event should
occur, Leisure Valley, Inc. will transfer the ownership of said roadways at no cost but will retain
ownership of all utility, water, and sewer lines that are in the right of way and will retain an
easement in, over or under said roadways for the continued use and operation of said utility, water
and sewer lines, and for the installation of additional lines,
Article xvrn
MAINTENANCE AND ALTERATIONS
There shall be no material alterations or substantial additions to the Common Areas or
Limited Common Areas except as hereinabove provided, or except as the same are authorized by
the Developer. The costs of the alterations or additions shall be assessed as Common Expenses.
Where any alterations or additions, as aforedescribed, are exclusively or substantially exclusively
for the benefit of the Lot Owner( s) requesting or using same, then the cost of such alterations or
additions may be Assessed against and collected solely ITom the Lot Owner( s) exclusively or
substantially exclusively benefitting thererrom, and the Assessment shall be levied in such
proportion as may be detennined as fair and equitable by the Developer. Where alterations or
additions are to be assessed and collected solely ITom the Lot Owners exclusively or substantially
exclusively benefitting therefrom, said alterations or additions shall only be made when authorized
by the Developer and ratified by not less than seventy-five percent (75%) of the total votes of the
Lot Owners exclusively or substantially exclusively benefitting thereftom, and where said Lot
Owners are ten (10) or less, the approval of all but two shall be required.
Article XIX
30
MISCELLANEOUS PROVISIONS
000640
19.1 Public Utility Lines: The Owners of the respective Lots shall not be deemed to own
pipes, wires, conduits, roads, sewage connections, etc., or other utility lines running through the
Lots which are utilized by or selVe more than one Lot, which items are, by these presents, made
a part of the Common Area facilities.
19.2 Exemption from Liability: No Owner of a Lot may exempt himself from liability for
his contribution toward the Common Expenses or any Assessments by waiver of the use and
enjoyment of any of the Common Area facilities or by the abandonment of his Lot.
19.3 Tax Assessment: At such time as a deed to a Lot is recorded, Lincoln County will
place the Owner of the Lot on the tax rolls. It will be the responsibility of the Owner of the Lot to
obtain tax notices and information from the Tax Assessor of the County or other appropriate
governmental authorities having jurisdiction over the same. Nothing herein shall be construed,
however, as giving to the Lot Owner the right of contribution or any right of adjustment against
any other Lot Owner on account of any deviation by the taxing authorities for the valuations
prescribed, and each Lot Owner shall pay such ad valorem taxes and Special Assessments as are
separately assessed against his Lot.
19.4 Sales Office: The Developer may but shall not be required to construct a sales office
and/or model homes on or about the Development for its use in connection with its sale and
promotional activities. The Developer may, for a period often (10) years (or longer if needed for
sales and/or promotional purposes), operate a sales office and/or model homes to sell any of the
Developer's Unsold Lots in the Development; provided, however, if any such sales office Structures
or model homes otherWise meet the requirements of a building Structure of a permanent nature as
described in this Declaration, then it may remain permanently on a Lot in the Development. Upon
the Completion of the Development or the Developer's Relinquishment of all and every portion of
the Development to the Association, or at such earlier time as the Developer determines, the
Developer may elect to sell the sales office Structures and/or model homes to anyone the Developer
chooses.
19.5 Maintenance of Common Areas: The Developer will maintain the Common Areas,
including without limitation the water system, roadways and sewer system, within any particular
plat or phase in the Development and within the RV Park until such time as the Developer's
Relinquishment of such rights and duties to the Association. The Association will be obligated to
assume such rights and duties including without limitation the maintenance of the Common Areas,
water system and roadways (and sewer systems, ifany) or any portion thereof, within any plat or
phase of the Development upon Relinquishment by the Developer. Inasmuch as Bridger Mountain
Golf Course will not be deemed to be part ofthe Common Area for.the Development, it will never
be relinquished or turned over to an Association. Lot Owners and all other persons or entities will
be charged a green fee to play on the Bridger Mountain Golf Course.
31
000641.
19.6 Recreational Facilities: The Developer may but shall not be required to construct
various recreational facilities in the Development. Upon the completion of any of said facilities, the
Developer shall have the right to convey the same to the Association and the Association shall be
obligated to thereafter maintain said facilities at its own expense. The Developer shall be entitled
to utilize all of said facilities for itself and! or its renters, business invitees and guests, and without
cost until the Completion of the Development as defined herein, or until Developer's
Relinquishment of all and every portion of the Development to the Association, whichever is later.
19.7 Covenants Run With the Land: All provisions of this Declaration and Exhibits
attached hereto and Amendments thereof shall be construed to be covenants running with the
land, and of every part thereof and interest therein, including, but not limited to, every Lot and the
appurtenances thereto, and every Lot Owner and claimant of the property or any part thereof or
of any interest therein and his heirs, executors, administrators, successors and assigns shall be bound
by all of the provisions of said Declaration. Ifsaid Owners, or their heirs, executors, administrators,
successors or assigns shall violate or attempt to violate any of the covenants or restrictions herein
contained, it shall be lawful for any person or persons owning any Lot in the plat in which said Lot
is situated to prosecute any proceeding at law or in equity against the person or persons violating
or attempting to violate any such covenant or restriction and either to prevent him or them from
so doing or to recover damages for such violation, including costs of the suit and a reasonable
attorney's fee. Any invalidation of any of these covenants and restrictions shall in no way affect any
other of the provisions thereof, which shall thereafter remain in full force and effect. Nothing herein
shall preclude the Developer from amending this Declaration or filing different or additional
restrictions on existing or future plats developed in the Bridger Mountain Subdivision. Any future
amendment to this Declaration permitted hereunder (including under Article vn hereof) shall be
binding upon and inure to the benefit of Developer, the Association and all Lot Owners, and their
successors and assigns.
19.8 Notices: Whenever notices are required to be sent hereunder, the same may be
delivered to Lot Owners either personally or by mail addressed to such Lot Owners at General
Delivery, Thayne, Wyoming 83127, with a copy thereof to any other address specified by the Lot
Owner in writing and delivered to the Association. Proof of such mailing or personal delivery by
the Association shall be given by the affidavit of the person mailing or personally delivering said
notices. Notices to the Developer shall be delivered by mail to the Developer at P.O. Box 635,
Thayne, Wyoming 83127, and to such other place as may be designated by the Developer.
19.9 Change of Mailing Address: Any Lot Owner may change his or its mailing address
by giving written notice to the Developer. Notices required to be given to the personal
representative of a deceased owner or devisee may be delivered either personally or by mail to such
party at his or its address appearing in the records of the Court wherein the estate of such deceased
Owner is being administered.
19.10 Interpretation: Whenever the context so requires, the use of any gender shall be
deemed to include all genders, and the use of the singular shall include the plural, and the plural
shall include the singular.
32
000642
19.11 Captions: The captions used in this Declaration and in the Exhibits annexed hereto
are inserted solely as a matter of convenience and shall not be relied upon and/or used in construing
the effect or meaning of any of the text of this Declaration or the Exhibits annexed hereto.
19.12 Unenforceable Covenants: If any covenant, tenn, provision or other element of this
Declaration or the Bylaws referred to herein, or the application thereby in any circumstances is held
invalid or unenforceable for any reason whatsoever, the same shall not be deemed to affect, alter,
modify or impair in any manner whatsoever any other tenn, provision, covenant, or element of this
Declaration, which shall thereafter remain in full force and effect.
19.13 Owners: Every Lot Owner, occupant orlessee of a Lot (except for the Developer),
whether he has acquired his ownership or interest by purchase, gift, conveyance, transfer, operation
oflaw, or otherwise, shall be bound by the Bylaws of said Association, the Articles of Incorporation
of the Association, and by the provisions of this Declaration.
19.14 Relinquishment to the Association: Upon the Developer's Relinquishment of all and
every portion of the Development (including without limitation the Common Areas and Unsold
Lots), and all assignable rights and duties appurtenant thereto, to the Association pursuant to this
Declaration, all assignable rights and duties of the Developer as described in this Declaration shall
pass to the Association, except as otherwise reserved by the Developer at the time of the
Developer's Relinquishment.
19.15 Rule Against Perpetuities: To the extent that any right, duty or interest herein may
otherwise violate the rule against perpetuities, then in that event, such right, duty or interest shall
pennanently vest in the person or entity then holding such right, duty or interest twenty-one years
after the death of the now living last surviving grandchild of Harold P. Stewart, Harold Val Stewart
and Michael Joe Stewart.
19.16 Lot Transfer Fee: Upon ths sale, transfer or conveyance of a Lot, after the initial sale
of the Lot by the Developer, a Lot transfer fee of $250.00 shall be paid to the Developer to deftay
the costs associated with changing the name of the Lot Owner on the records of the Developer.
33
000643
IN WITNESS WHEREOF, LEISURE VALLEY,jliC., a Nevada corporation, has caused this
Declaration to be signed in its name by its President this~y \.-J" Ù t-L£- ,2008.
LEISURE VALLEY, INC., a Nevada Corporation.
B;$1~(2esM..A-
Harold Val Stewart, President
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
On this 5£LHtiay of J l.J.,..{,t.R ,2008, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared HAROLD VAL STEWART, who acknowledged himself to be
the President of LEISURE VALLEY, INC., a Nevada corporation, and that he, as such officer, being
authorized so to do, executed the foregoing instrument for the purposes therein contained.
WITNESS my hand and official seal.
~/~
otary PUBLIC . for said
County and
NANCY J, BROWN· NOTARY PUBLIC
COUNTY OF '". STATE OF
LINCOLN " WYOMING
MY COMMISSION EXPIRES ~ 2-~2DlQ
34
EXHIBIT "A"
000644
PROPERlY DESCRIPTION
All of Lots 9 through Lot 59 and Lot 61, inclusive, of Bridger Mountain Subdivision Phase I,
Lincoln County, Wyoming, of record in the Office of the Clerk of Lincoln County as Instrument No. 936770,
secondarily described as follows:
BEGINNING at a point on the west line of Section 31, T35N R118W, N00007'21''W, 1068,71 feet, from
the southwest comer of said Section 31;
thence NOOOO1'27''W, 2100.00 feet, along said west line, to a position, and leave said west line;
thence N89052'04"E, 90.00 feet, to the northwest point of Lot 9 of said Subdivision;
thence N89°52'04"E, 150.00 feet, along the north line of said Lot 9 to the northeast point thereof;
thence coursing the south line of Lot 8 of said Subdivision as follows;
N77° 41'39"E, 120.34 feet, to a point;
N87°04'23"E, 188.94 feet, to a point;
S87°05'03"E, 212.85 feet. to a point;
S790ll'54"E, 163.03 feet, to a point;
S74°48'44"E, 130.06 feet, to a point;
S59°27'51"E, 97.12 feet, to a point;
S46° 47'36"E, 164.57 feet, to the southeast point of said Lot 8;
thence N63 049'21 "E, 60.23 feet, to a point on the east line of said Subdivision;
thence S21°09'35"E, 66.32 feet. along said east line, to a point;
thence S13°09'35"E, 1908.97 feet, along said east line, to the southeast point of said Subdivision;
thence 89052'04''W, 1756.20 feet, al9ngthe south line of said Subdivision to the POINT OF BEGINNING.
EXCEPTING THEREFROM Lot 60 of said Bridger Mountain Subdivision Phase 1.
35
000645
COMPLETE THE FOLLOWING FOR EACH LOT SALE:
IIWE ACKNOWLEDGE RECEIPT OF A COpy OF TIllS DECLARATION, AND THAT IIWE HAVE
DISCUSSED EACH OF THE PROVISIONS HEREIN WI1H THE DEVELOPER/SELLER'S SALES
STAFF, AND THAT NO REPRESENTATIONS OR WARRANTIES THAT ARE INCONSISTENT
WI1H TIllS DECLARATION HAVE BEEN MADE. LOT NUMBER
BUYER BUYER
DATE: DATE:
BUYER BUYER:
DATE: DATE:
AGENT REPRESENTING DEVELOPER/SELLER
BY:
DATE:
36