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HomeMy WebLinkAbout950885THIRD AMENDMENT AND RESTATEMENT OF DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF STAR VALLEY RANCH RV PARK PLAT 1 2' FILING (PHASE I STAGE 5) 15 LOTS AND PLAT 2 (PHASE II STAGE 1) 84 LOTS This is the Third Amendment and Full Restatement of the Declaration of Covenants, Conditions, and Restrictions of the Star Valley Ranch RV Park, recorded on June 24, 2002, in Book 492 PR, Page 802 -831, as Instrument No. 882047, relating to the Real Property described on Exhibit "A" attached hereto, also known as Star Valley Ranch RV Park Plat 1 2 Filing (Phase I Stage 5). This Third Amendment completely supersedes, amends and fully restates the aforesaid original Declaration of Covenants, Conditions, and Restrictions, and all previous amendments thereto, such that this document contains the entire updated and restated Declaration of Covenants, Conditions, and Restrictions for the above referenced Real Property, which is also described on Exhibit "A" attached hereto. WITNESSETH C 0 WHEREAS, Article VII of the aforesaid Declaration of Covenants, Conditions, and Restrictions provides that the Developer may amend said Declaration at any time up until the latter of (1) the date of Developer' s Relinquishment of all and every portion of Developer' s right, title and interest in, and the rights and duties related to the RV Park to the Association, or (2) the date of the Completion of the Development, as defined therein, neither of which has occurred; and WHEREAS, after the recording of the original Declaration of Covenants, Conditions, and Restrictions on June 24, 2002, as set forth above, with respect to Star Valley Ranch RV Park Plat 1 2" Filing (Phase I Stage 5), and Star Valley Ranch RV Park Plat 2 (Phase II Stage 1), the Developer recorded a First Amendment and Restatement of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park Plat 1- 2' Filing (Phase I Stage 5) and Plat 2 (Phase II Stage 1), which First Amendment was dated November 1, 2004, and was thereafter recorded on November 10, 2004, in Book 572PR, as Instrument No. 904494, pages 206 through 233, which First Amendment amended the original Declaration of Covenants, Conditions, and Restrictions, recorded on June 24, 2002; and WHEREAS, the Developer again amended the original Declaration of Covenants, Conditions, as set forth above, with respect to Star Valley Ranch RV Park Plat 1 2' Filing (Phase I Stage 5), and Star Valley Ranch RV Park Plat 2 (Phase II Stage 1), by recording a Second Amendment and Restatement of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park Plat 1 2" Filing (Phase I Stage 5) and Plat 2 (Phase II Stage 1), which Second Amendment was dated June 15, 2008, and was thereafter recorded on July 16, 2008, in Book 700, 1 RECEIVED 12/4/2009 at 12:31 PM RECEIVING 950885 BOOK: 737 PAGE: 441 JEANNE WAGNER I INCOLN COUNTY CLERK, KEMMERER, WY euOu442 as Instrument No. 940561, pages 69 through 97, which Second Amendment completely superseded the First Amendment to Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park Plat 1 2n Filing (Phase I Stage 5), and Star Valley Ranch RV Park Plat 2 (Phase II Stage 1), recorded on November 10, 2004; and WHEREAS, the Developer now desires to completely amend, supersede and fully restate the original Declaration of Covenants, Conditions, and Restrictions recorded on June 24, 2002, as amended by the First Amendment and Restatement of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park Plat 1 2 Filing (Phase I Stage 5) and Plat 2 (Phase II Stage 1), recorded on November 10, 2004, as further amended by the Second Amendment and Restatement of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park Plat 1 2 Filing (Phase I Stage 5) and Plat 2 (Phase II Stage 1), recorded on July 16, 2008, such that this Third Amendment shall replace, supersede and totally restate the aforesaid documents, and shall contain all applicable Covenants, Conditions, and Restrictions pertaining to the portion of the Star Valley Ranch RV Park described on Exhibit "A" attached hereto in this single document. NOW, THEREFORE, the Developer, Leisure Valley, Inc., aNevada Corporation, hereby amends, supersedes and restates the original Declaration of Covenants, Conditions, and Restrictions, recorded on June 24, 2002, in Book 492 PR, Page 802 -831, as Instrument No. 882047, relating to the Real Property of the Star Valley Ranch RV Park described on Exhibit "A" attached hereto, as amended by the First Amendment and Restatement of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park Plat 1 2 Filing (Phase I Stage 5) and Plat 2 (Phase II Stage 1), which First Amendment was dated November 1, 2004, and was thereafter recorded on November 10, 2004, in Book 572PR, as Instrument No. 904494, pages 206 through 233, as further amended by the Second Amendment to Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park Plat 1- 2" Filing (Phase I Stage 5) and Plat 2 (Phase II Stage 1), which Second Amendment was dated June 15, 2008, and was thereafter recorded on July 16, 2008, in Book 700, as Instrument No. 940561, pages 69 through 97. The aforesaid Declaration of Covenants, Conditions, and Restrictions, as amended by the aforesaid First and Second Amendments thereto, shall be and the same hereby is amended, completely superseded and restated in its entirety to state as follows: I. DEFINITIONS As used in this Declaration, and all amendments thereto, unless the context otherwise requires, the following definitions shall prevail: A. Assessment means the payments that some or all of the Lot Owners and/or Club Members are required to pay to the Developer or to the Association. B. Association means RV PARK ASSOCIATION, a Wyoming non profit corporation, or such other similar entity formed pursuant to this Declaration which may become responsible for the operation and maintenance of the RV Park upon Relinquishment by the Developer (defined below). If there are both Club Members and Lot Owners, then the 2 00u443 Association shall be comprised of both Lot Owners and Club Members. If there are only Club Members or Lot Owners, the Association may be an Association of Lot Owners or an Association of Club Members. C. Board of Directors shall mean the Directors of the Association or their designees. D. Bylaws means the Bylaws of the Association, as they may exist from time to time. E. Club Member means the person, persons or entity to whom the Developer has sold a club membership, pursuant to a membership contract which (1) grants the right to utilize RV Park spaces and/or Lots for overnight stays and (2) requires the payment of Assessments and the Nightly Facility Fee. F. Common Areas means the portions of the RV Park not included in the Lots. G. 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 Star Valley Ranch RV Park has been fully and finally completed; and (2) that the Developer has sold all of its Lots in the RV Park. It is contemplated that the Developer may develop 1,400 or more RV Park Lots; however, nothing in this Declaration shall be construed to mean that the Developer must develop said number of Lots. H. Declaration means this instrument entitled, "Declaration of Covenants, Conditions, and Restrictions," as it may from time to time be amended. I. Developer means LEISURE VALLEY, INC., a Nevada Corporation (Successor in interest to Star Valley Ranch RV Park, a Limited Partnership), and its successors or assigns. J. Facility Fees mean payments that all Lot Owners and Club Members are required to pay by reason of the ownership of a Lot, or by reason of their club membership in the RV Park; Lot Owners are required to pay the Annual Facility Fee and Club Members are required to pay a Nightly Facility Fee, as described in Article XL K. Limited Common Areas means those Common Areas which are reserved, or which may from time to time be designated by Developer, for the use of certain Owners of Lots and/or certain Club Members, to the exclusion of all other Lot Owners and/or Club Members. L. Lot, RV Lot, and RV Park Lot means a Lot, together with the undivided share of the Common Areas, on a plat now or hereafter recorded as part of the Star Valley Ranch RV Park which is subject to ownership in fee. The foregoing terms include the land of a Lot, all improvements thereon, and all easements and rights appurtenant thereto. M. 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 -term real estate installment contract, or having a life estate in a Lot, or having a leasehold 3 interest in a Lot pursuant to a 99 -year lease. N. Occupant means the person or persons in possession of a Lot. c O )444 O. Relinquishment by the Developer and Developer's Relinquishment shall mean Developer's transfer, relinquishment, assignment, conveyance and /or delegation of all or any portion of Developer's interest in the RV Park (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, 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 RV Park (including without limitation, the maintenance responsibilities related to the Common Areas and/or the Unsold Lots) to the Association. P. RV Park, RV Park Property, Star Valley Ranch RV Park, and Star Valley Ranch RV Park Property mean all of the real property described in Exhibit "A" attached hereto and made a part hereof, including all Lots, Common Areas, and Limited Common Areas, and shall also include any other additional plat, plats, Lots, Common Areas, Limited Common Areas, condominiums, or other real property or improvements hereafter recorded as part of the STAR VALLEY RANCH RV PARK development in Lincoln County, Wyoming. Q. Unsold Lot means any Lot owned by the Developer or the Association, however or whenever acquired or reacquired. II. SUBMISSION STATEMENT The undersigned, being the owner of record of the real 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 RV Park and is established for the purpose of enhancing and perfecting the value, desirability and attractiveness of the RV Park, and every part thereof. All of this Declaration shall run with all Lots, parcels, plats, Common Areas, Limited Common Areas, condominiums, and other real property and improvements in the RV Park for all purposes and shall be binding upon and inure to the benefit of Developer, the Association and all Lot Owners and Club Members, 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 each plat of the RV Park and any other additional plat or plats hereafter recorded as part of the STAR VALLEY RANCH RV PARK in Lincoln County, Wyoming. 4 III. NAME The name by which this development is to be identified is: STAR VALLEY RANCH RV PARK IV. IDENTIFICATION OF PLATS C'00445 For the purpose of identification, all areas of the RV Park 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. The Developer contemplates developing approximately 1,400 or more Lots as part of the RV Park. Nevertheless, nothing herein shall require the Developer to develop any number of Lots, nor preclude the Developer from developing or including any Lots, areas, Common Areas, Limited Common Areas, condominiums, units, or other developments or other real property or improvements as a part of the RV Park that are different from the original RV Park. The Developer may make additional Lots, units, areas, Common Areas, Limited Common Areas, condominiums, developments or other real property or improvements a part of the original Star Valley Ranch RV Park development and may allow or require new purchasers of such additional Lots, units, areas, condominiums, developments or improvements, as well as the purchasers of club memberships related thereto, to become members of the Association. V. DEVELOPERS RIGHTS The Developer shall have the right to operate the RV park or any portion thereof on a club membership basis in lieu of or in addition to selling Lots to individual owners; provided that all use and occupancy provisions of this Declaration will be observed by Club Members as well as Lot Owners. The Developer shall have the right to sell and/or convey club memberships entitling purchasers thereof (i.e., the Club Members) to the use of Unsold Lots in the RV Park upon such terms and conditions as the Developer in its sole discretion may deem appropriate. Unless otherwise limited by the Developer, the persons or entities who have purchased such memberships shall be entitled to utilize all Common Areas and recreational facilities of the RV Park in the same manner and to the same extent as Lot Owners. The Developer, in its sole discretion, shall have the right to make and implement rules and regulations governing the Club Members and/or Lot Owners concerning the use and operation of the RV Park. These rules shall be binding upon all Club Members and Lot Owners. 5 C Unless otherwise provided herein, any and all of the 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 of the RV Park 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 RV Park (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 of the RV Park 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 term "Developer," as used herein, shall then refer to the Association with respect to the rights, duties and /or interests so transferred and relinquished. The Developer shall have the right to organize the Association, or the Developer may delegate the responsibility to organize the Association to the Lot Owners and/or the Club Members. The Association shall be comprised of the Lot Owners and Club Members, or if there are only Club Members or Lot Owners, then the Association shall be comprised of the Club Members or Lot Owners. The Association shall be governed by a Board of Directors which will be comprised of nine (9) 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 and the Club Members to continue to utilize the Common Areas. 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 RV Park (including any Common Areas or Unsold Lots), or any of the Developer's rights or duties related thereto, to the Association. The Club Members and /or the Lot Owners may not organize the Association as defined herein without the express written consent of the Developer. In the event the Developer elects to operate the RV Park or any portion thereof on a club membership basis, the Developer shall have the right to enter into contracts or agreements with other or additional parks developed by the Developer, or with other park associations or clubs not organized by the Developer, on terms and conditions agreed upon by the Developer, whereby Club Members of the Star Valley Ranch RV Park will be entitled to utilize other parks in other areas on a reciprocal basis, and such members of other parks will be entitled to utilize the facilities, Common Areas, and Unsold Lots of the Star Valley Ranch RV Park on a limited basis. Developer shall have the right at any time to terminate its relationship with any or all other parks or associations in such manner that Club Members of this RV Park will not thereafter be entitled to utilize such other campsites or areas by reason of membership in this RV Park, and Developer shall not be liable to Club Members or Lot Owners by reason of such a termination. 6 C O 447 The Developer shall also have the right to enter into contracts or agreements with persons or entities on a limited or temporary club membership basis upon such terms and conditions as the Developer, in its sole discretion, may deem appropriate. Unless otherwise limited by the Developer, all persons or entities who have purchased limited or temporary club memberships shall be entitled to utilize Common Areas and recreational facilities in the RV Park in the same manner and to the same extent as Lot Owners, and the Developer shall have the right to entitle such purchasers to the use of Unsold Lots in the RV Park upon such terms and conditions as the Developer, in its sole discretion, may deem appropriate. The Developer shall have the right to rent its Unsold Lots to such persons or entities as the Developer, in its sole discretion, may deem appropriate. Unless otherwise limited by the Developer, all persons or entities who rent an Unsold Lot from the Developer shall be entitled to use the Common Areas and recreational facilities of the RV Park in the same manner and to the same extent as the renters of a Lot from a Lot Owner, and the Developer shall have the right to entitle such renters of Unsold Lots to the use of Unsold Lots in the RV Park 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 of any Unsold Lot from the Developer shall be required to pay any Assessments in connection with the use, ownership, or rental of any Unsold Lot or the undivided share of the Common Areas associated therewith. 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 from 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. VI. VOTING RIGHTS Neither the Lot Owners or Club Members shall be entitled to voting rights as enumerated in this Article VI until the Developer's Relinquishment of the RV Park, or any portion thereof, to the Association. After the Developer's Relinquishment of all or a portion of the RV Park to the Association 7 000448 as aforesaid, then the members of the Association, including the Developer, shall be entitled to vote as hereinafter set forth. Subject to the Developer's right to appoint six (6) Directors as hereinafter set forth, the Owner of each Lot, including the Developer, will be entitled to one (1) vote for each Lot owned, and each Club Member will be entitled to one (1) vote for each club membership owned. The vote of the Owner of a Lot or club membership is not divisible, and the Owner of a Lot or club membership shall be entitled to no more or no less than one (1) equal vote in the Association for each Lot or club membership owned, regardless of whether the Owner is a single person or entity or a group of persons and /or entities. If a Lot or club membership is owned by more than one (1) person or entity, the owners of said Lot or club membership shall designate one of them as a "Voting Member." The designation of the Voting Member shall be provided for by, and subject to, the provisions and restrictions set forth in the By -laws of the Association. The Owner of a Lot or a club membership shall not be entitled to vote if such Owner is delinquent in the payment of Assessments or fees (including without limitation the Facility Fees) related to the Lot or club membership to the Developer or to the Association, or if the Owner is otherwise in violation of these Covenants, Conditions, and Restrictions; 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 six (6) Directors as provided herein. Anything contained herein to the contrary notwithstanding, the Developer shall have the right to appoint six (6) of the nine (9) 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 and/or Club Members on any matter so long as the Developer has the right to appoint said six (6) Directors. The Developer shall have the right to remove any of the six (6) Directors appointed by the Developer and replace said Directors from time to time without cause. The rights of the Developer to appoint six (6) of the nine (9) Directors of the Association may only be waived by the Developer in writing. The rights of the Developer to appoint six (6) of the nine (9) 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 RV Park 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 RV Park to the Association (up until the Completion of the Development, as provided hereinabove). The Articles of Incorporation of the Association shall provide for cumulative voting for all Directors to be elected (excluding the six [6] Directors to be appointed by the Developer as set forth above), such that each Lot Owner or Club Member is entitled to one (1) vote for each Lot or club membership owned multiplied by the number of Directors to be elected. The Lot Owner or Club Member 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 nine (9) Directors to be elected, (e.g., after the Completion of the Development), each Lot Owner or Club Member would be entitled to nine (9) voting shares for each Lot or Club Membership 8 e 0 449 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 three (3) Directors are to be elected, (e.g., prior to the Completion of the Development, each Lot Owner or Club Member would be entitled to only three (3) voting shares, all of which he may cast for one Director, or he may cast some for one or another in any way he chooses. VII. AMENDMENTS TO DECLARATION This Declaration may be amended by the Developer at any time prior to the sale of eight hundred (800) Lots in the RV Park, with or without the consent of the Association, the Lot Owners and/or the Club Members. After the sale of eight hundred (800) Lots in the RV Park, the Developer shall have and hereby reserves the right to amend this Declaration, with or without the consent of the Association, the Lot Owners and/or Club Members, at any time up until the latter of (1) the date of the Developer's Relinquishment of all and every portion of Developer's right, title and interest in, and rights and duties related to the RV Park to the Association, or (2) the date of the Completion of the Development, as defined herein, provided that: (a) 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; (b) The Developer's power to make amendments to this Declaration after the sale of eight hundred (800) Lots in the RV Park, shall cease to exist at the latter of (1) the Completion of the Development (as defined herein); or (2) the date of the Developer's Relinquishment of all and every portion of Developer's right, title and interest in, and rights and duties related to the RV Park to the Association. After the sale of eight hundred (800) Lots in the RV Park, this Declaration may also be amended by an affirmative vote of not less than fifty -one percent (51 of all Lot Owners and Club Members of the Association, or if no Association has been organized, then by the affirmative vote of not less than sixty -six and two /thirds percent (66-2/3%) of the Lot Owners and Club Members; provided, however, if a club membership or a Lot is owned by more than one (1) person or entity, only one (1) of the Owners of such Lot or club membership shall be entitled to vote. However, anything contained herein to the contrary notwithstanding, the Club Members and /or Lot Owners may not amend this Declaration at any time prior to (1) the date of the Developer's Relinquishment of all and every portion of Developer's right, title and interest in, and rights and duties related to the RV Park to the Association, or (2) the Completion of the Development as defined herein, whichever is later, without the written consent of the Developer. The rights of the Developer contained in this Article VII may not be transferred or assigned by the Developer to the Association, and may only be waived by the Developer in writing, but need not be transferred or assigned to the Association or waived in order to constitute 00i;450 a full and complete "Relinquishment by the Developer" of the RV Park to the Association (as defined herein). Rather, the rights provided in this Article may be held by the Developer after the Developer's Relinquishment of all and every portion of Developer's right, title and interest in, and rights and duties related to, the RV Park to the Association. VIII. THE OPERATING ENTITY The Developer is responsible for the operation of the RV Park and the maintenance of that portion of the RV Park 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 RV Park to the Association, the Developer shall be relieved of the responsibility to maintain and govern the operation of that portion of the RV Park 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 RV Park so Relinquished by the Developer. IX. BYLAWS The Association Bylaws shall provide for the Association's operation and maintenance of those portions of the RV Park relinquished by the Developer to the Association. 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 RV Park, or which would be inconsistent with this Declaration. X. ASSESSMENTS The Developer may levy and collect a reasonable monthly or annual Assessment against each Lot Owner and each Club Member (excluding the Developer), and a "Facility Fee" (as hereinafter defined and described in Article XI), to pay the actual cost and expenses of operating and maintaining the RV Park, including without limitation, the costs and expenses of the Common Areas and Unsold Lots, together with the facilities thereon; the costs and expenses of providing water, electricity, garbage disposal service and sewage service; and the costs and expenses incurred by the Developer in carrying out its duties hereunder (hereinafter referred to as the "Common Expenses or the Developer may transfer, relinquish and assign such rights and duties, or any portion thereof, to the Association (hereinafter sometimes referred to as the "Association" or as the "Developer's Assignee 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 cost and expense of operating and maintaining the RV Park (i.e., the Common Expenses) as set forth above. 10 11 000451 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 from the Developer (which may include, without limitation, the duty to levy and collect the foregoing Assessments against each Lot Owner (other than the Developer) and each Club Member (in an amount set by the Developer); provided, however, after the Developer's Relinquishment of all and every portion of Developer's right, title and interest in, and rights and duties related to the RV Park to the Association, the Association shall be entitled to collect all Assessments and fees (including without limitation the Facility Fees), as set forth in this Declaration. After the Developer's Relinquishment of any portion of the RV Park to the Association, then the Association shall be entitled to receive from 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 perform the duties and/or maintenance responsibilities so relinquished. The Developer will be entitled to any portion of the Assessments thereafter remaining until such time as Developer relinquishes all portions of the RV Park to the Association. As herein provided, the Developer shall have the power to fix and determine, from time to time, the monthly or annual Assessments per Lot Owner or per Club Member (hereinafter sometimes referred to as the "Annual Assessment[s) payable to the Developer, or the Developer may assign such right to the Association. However, the Annual Assessments for the calendar year 2009 (i.e., January 1, 2009 through December 31, 2009) shall be the sum of Five Hundred Fifty -Eight Dollars ($558.00) for each Lot Owner or Club Member, as the case may be. Unless otherwise required by the Developer or the Developer' s Assignee, all Annual Assessments shall be due and payable in advance on the first day of January of each and every calendar year for which the Annual Assessments apply. Moreover, at the beginning of the calendar year 2010 (i.e., January 1, 2010 through December 31, 2010) and at the beginning of each and every calendar year thereafter, the maximum Annual Assessment that may be assessed against each Lot Owner and/or Club Member may be increased by the Developer (or if the Developer has assigned and relinquished to the Association the Developer's right to fix and determine the amount of the Annual Assessment, then by the Directors of the Association), 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. Notwithstanding the provisions set forth above, the Annual Assessments may be increased to an amount greater than the amounts set forth in the preceding paragraph, by a vote of the Lot Owners and /or Club Members, provided that any such change shall have the consent of Fifty -One Percent (51 of the vote of such Lot Owners and /or Club Members present in person or by proxy, and further provided that if more than One (1) person or entity owns a Lot or Club Membership, only One (1) of such owner shall be entitled to vote per Lot or per Club Membership. The new voted maximum Annual Assessments established by the Lot Owners and/or Club Members as hereinabove set forth, may be increased by the Developer or the 12 010452 Developer's Assignee in accordance with the procedures set forth in the preceding paragraph for each and every succeeding year thereafter, and may also be further increased under the procedure set forth in the preceding sentence by a vote of Fifty -One Percent (51%) of the Lot Owners. The Developer or the Developer's Assignee, shall never at any time be liable in any amounts for any expenses, costs or Assessments (including without limitation, Annual Assessments or Facility Fees) relating to the RV Park (including Common Areas or Unsold Lots), nor any costs, expenses, or Assessments relating to the use of Unsold Lots (as defined above), 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 Unsold Lots, Common Areas or recreational facilities by any Owners of Temporary Club Memberships or Limited Club Memberships, or any renters of Unsold Lots from Developer, or any persons or entities using portions of the RV Park on a reciprocal basis, as provided by Article V of this Declaration. Developer has the right to construct and develop other developments (including without limitation, developments such as the Bridger Mountain subdivision, Stewart Country Club Estates, Bridger View Estates, and such others as the Developer or the Developer' s Assignee may determine), outside the RV Park, and to charge the owners thereof certain assessments that will be used by the Developer or the Developer's Assignee to pay certain of the Common Expenses of the RV Park. Indeed, the use of assessments paid by lot owners in developments outside the RV Park are essential to maintaining the common areas and recreational facilities of the RV Park. As a result of the payment of the foregoing assessments, which shall be charged in such amounts and at such times as the Developer or the Developer's Assignee shall determine, the lot owners in such developments shall have the right to utilize the common areas and recreational facilities of the Development, including without limitation, the RV Park golf course. XI. FACILITY FEES Beginning with the calendar year 2010 (i.e., January 1, 2010, through December 31, 2010), and for each and every calendar year thereafter, the Developer or the Developer's Assignee, will assess an Annual Facility Fee against the Lot Owner of each Lot (excluding the Developer) during the applicable calendar year. All Club Members shall be required to pay a Nightly Facility Fee for each night such Club Member is checked in to the RV Park. The Annual Facility Fee and the Nightly Facility Fee are hereinafter collectively the "Facility Fees Unless otherwise required by the Developer or the Developer's Assignee, the Annual Facility Fee (applicable to Lot Owners) for a particular calendar year shall be due and payable in advance no later than January 1 of each calendar year (i.e., for the calendar year 2010, the Annual Facility Fee shall be paid no later than January 1, 2010, unless otherwise directed by the Developer). The Nightly Facility Fee for the Club Members shall be due and payable in advance at the time such Club Members check in to the RV Park. The proceeds from the Facility Fees may be used to pay the Common Expenses of operating and maintaining the RV Park (including, without limitation, the water system), together with such costs as making food and beverage services available to the RV Park, providing wireless interne services and operating and maintaining the swimming pool. 0 00453 The Developer may transfer, relinquish and assign the rights and duties set forth in this Article XI, or any portion of such rights and/or duties, to the Association (hereinafter sometimes referred to as the "Association" or as the "Developer's Assignee and the Association shall assume such rights and duties from the Developer (which may include without limitation, an assignment of the duty to levy and collect the foregoing Facility Fees against each Lot Owner and each Club Member obligated to pay such Facility Fees). The Facility Fees are separate from and in addition to any other fees, Assessments or charges that may be assessed by the Developer and /or the Association. As provided herein, the Developer shall have the power to fix and determine, from time to time, the amount of the Annual Facility Fee to be paid by the Lot Owners, and the amount of the Nightly Facility Fee to be paid by the Club Members, or the Developer may assign such right to the Association. The Annual Facility Fee for Lot Owners for the calendar year 2010 (i.e., January 1, 2010, through December 31, 2010) shall be the sum of $160, and shall be due and payable no later than January 1, 2010. Except as otherwise provided herein, beginning with the calendar year 2011 (i.e., January 1, 2011, through December 31, 2011), and each and every calendar year thereafter, the amount of the Annual Facility Fee may be increased by the Developer or the Developer's Assignee by a minimum of Five Percent (5 up to an amount not to exceed Ten Percent (10 of the Annual Facility Fee for the prior year. The Nightly Facility Fee for Club Members for the calendar year 2010 (i.e., January 1, 2010 through December 31, 2010) shall be the sum of $1.25 per night that said Club Member actually utilizes the RV Park, and shall be paid in advance at the time the Club Member checks in to the RV Park (for example, if a Club Member checks in to the RV Park for eight (8) nights, said Club Member will pre -pay $10.00 for the entire stay at the time of check -in to the RV Park). In the event the Club Member extends its stay at the RV Park beyond the number of nights it paid for upon check -in, said Club Member shall be required to pay the additional Nightly Facility Fee for each night through the duration of its stay at the RV Park. A Club Member shall be required to pay the Nightly Facility Fee if it uses the recreational facilities of the RV Park, notwithstanding whether such Club Member is actually checked in at the RV Park for overnight occupancy of a lot. Except as otherwise provided herein, beginning with the calendar year 2011 (i.e., January 1, 2011, through December 31, 2011), and each and every calendar year thereafter, the amount of the Nightly Facility Fee may be increased by the Developer or the Developer's Assignee by a minimum of Five Percent (5 up to an amount not to exceed Ten Percent (10 of the Nightly Facility Fee for the prior year. Notwithstanding the provisions set forth above, the Annual Facility Fee paid by Lot Owners may be increased to an amount greater than the maximum Annual Facility Fee amount calculated above by a vote of the Lot Owners taken within the applicable calendar 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, 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 Facility Fee established by the Lot Owners as hereinabove set forth (hereinafter the "Voted 13 e0:1454 Maximum Annual Facility Fee may be increased by the Developer or by the Developer's Assignee in accordance with the procedures set forth in the preceding paragraph for each and every succeeding year thereafter, and may also be further increased under the procedure set forth in the preceding sentence by a vote of Fifty -One Percent (51 of the Lot Owners. In addition to the foregoing, the Nightly Facility Fee paid by Club Members may be increased by an amount greater than the maximum Nightly Annual Facility Fee amount calculated above by a vote of the Club Members taken within the applicable calendar year, provided that any such change shall have the assent of Fifty -One Percent (51 of the Club Members present in person or by proxy, and further provided that if more than One (1) person or entity owns a Club Membership, only One (1) of such Club Membership owners shall be entitled to vote per Club Membership. The new voted maximum Nightly Facility Fee established by the Club Members as hereinabove set forth (hereinafter the "Voted Maximum Nightly Facility Fee may be increased by the Developer or by the Developer' s Assignee in accordance with the procedures set forth in the preceding paragraph for each and every succeeding year thereafter, and may also be further increased under the procedure set forth in the preceding sentence by a vote of Fifty -One Percent (51 of the Club Members. The Developer or the Developer's Assignee shall never at any time be liable in any amounts for any Facility Fees relating to the RV Park (including without limitation Common Areas or Unsold Lots, as defined above). Moreover, the Developer or the Developer's Assignee shall never at any time be liable for the deficiency or difference between the Facility Fees and the Annual Assessments actually collected, and the costs and expenses of operating and maintaining the RV Park (i.e., the Common Expenses) as set forth herein. XII. COLLECTION RIGHTS AND REMEDIES Unless otherwise required by the Developer (or the Association, if applicable), all Annual Assessments and Annual Facility Fees (paid by Lot Owners) shall be due and payable in advance on the first day of January of each and every calendar year (for example, Annual Assessments and the Annual Facility Fee for the calendar year 2010 will be due and payable on January 1, 2010) (except that the Nightly Facility Fee due and owing by Club Members shall be paid upon check -in to the RV Park, as set forth above). All other financial obligations and common expenses which are owing to the Developer or the Association by the Lot Owners and /or Club Members, pursuant to this Declaration, shall be due and payable in a time and manner as expressly set forth herein, or as reasonably required by the Developer or the Association, whichever may be applicable. The Annual Assessments, Facility Fees, Common Expenses and other financial obligations due and owing by a Lot Owner and /or a Club Member to the Developer or 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 Club Member, or sums which may be required to be advanced by the Developer or the Association on behalf of a Lot Owner or Club Member, shall hereinafter collectively be referred to as the Lot Owner or Club Member's "Financial Obligations." Non- payment by any Club Member of his Financial Obligations shall result in the termination of his 14 OOCR455 Membership privileges unless paid within Ninety (90) days after notice of the same has been mailed by certified mail, return receipt requested, to the Club Member's last known address. The Developer (or the Association, if applicable) 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 except that the Assessment Lien upon the aforesaid tangible personal property shall be subordinate to any prior bona fide liens of record. Any Financial Obligations of a Lot Owner or a Club Member which are unpaid after the due date shall bear interest at the rate of Eighteen Percent (18 per annum, or the highest interest rate 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 Five Dollars ($5.00) for each event of delinquency. Such interest and late charge shall become a part of the Financial Obligations of the Lot Owner or the Club Member. The Developer (or the Association, if applicable) shall be entitled to recover from each Lot Owner and each Club Member any costs and/or attorney's fees that it incurs incident to the collection of any Financial Obligations of said Lot Owner or Club Member, 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 or Club Member's Financial Obligations. 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. 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. The Developer (or the Association, if applicable), may foreclose the Assessment Lien against any Lot which is encumbered by an Assessment Lien which is not timely paid. Such foreclosure will be by appropriate action in court, or in the manner provided by law for the foreclosure of a trust deed or mortgage as set forth in the laws of the State of Wyoming, as the same may be amended. In the event the foreclosure is in the manner provided by law for a foreclosure under a power of sale, the Developer (or the Association, if applicable) shall be deemed to possess and hold a private power of sale to conduct such a foreclosure action, and shall be entitled to the actual expenses and such fees as may be allowed by law or as may be prevailing at the time the sale is conducted. 15 00C456 The Developer (or the Association, if applicable) shall have the right, in lieu of foreclosure, if it deems it prudent, to take possession of a Lot encumbered by an Assessment Lien and offer the same for rental. The Developer (or the Association, if applicable) shall credit one -half /2) of the proceeds, if any, of such rental toward payment of the Assessment Lien established by the default of the Owner of said Lot. The remaining one -half (1/2) of the proceeds of such rental shall be paid to the Developer (or the Association, if applicable) as its charge for acting as a rental agent. The Developer or the Association may also remove any travel trailer, recreational vehicle, or other movable improvement or personal property in place on such Lot if necessary to carry out its right of rental, and place the same in storage, all without liability to the Lot Owner. The Lot Owner shall thereafter be liable to the Developer or the Association for storage fees related thereto. The Developer or the Association's selection of this mode of procedure in payment of an Assessment Lien shall not be exclusive and the Developer or the Association may, at any time, proceed in foreclosure or elect to proceed in any other lawful manner against the Lot Owner. Any liens created by this Article XII shall be subordinate to the lien of any Mortgage or Deed of Trust held by the Developer 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. Except as provided above, any person who acquires an interest in a Lot, including without limitation, persons acquiring title by operation of law, 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 Assessments due and owing by the former Owner of the Lot have been paid. XIII. PROVISIONS RELATING TO RENTAL OR SALE OF LOTS 1. In the event any Lot Owners desire to rent their Lots, then all renters of Lots shall be registered at the Administration Office (which may be established by the Developer) before taking possession, and a registration fee thereupon shall be payable, the amount of which shall be determined by the Developer. All renters, Club Members and Lot Owners shall be bound by the following restrictions: a. The Developer shall have the right to limit and restrict the number of adults and /or children occupying any Lot at any one time. b. No renters may be permanent residents. 16 C:0110457 c. Customary household pets are permitted by renters (except in the no pet area on Lots 2 through 6 and Lots 8 through 22 and lots 40 through 48 of Star Valley Ranch RV Park Plat 1 (Phase I) recorded as Instrument No. 589522), but with the same restrictions and regulations as applicable to pets of Lot Owners. d. Overnight in -house guests are permitted, but with the same restrictions and regulations as applicable to in -house guests of Lot Owners. e. No Lot may be subleased without specific permission by the Lot Owner filed with the Administration Office. f. Should the Lot Owner exercise any option that he may have requiring the Administration Office to rent his Lot, the Administrative Office shall establish and collect a standard rental from all renters, and retain a predetermined percentage, and credit the remainder to the Lot Owner. course. g. Renters will be required to pay a guest green fee to use the RV Park golf The Developer shall have the right to rent, or allow business invitees or guests of the Developer to utilize Common Areas and /or Unsold Lots without being required to pay a registration fee. The Developer may issue administrative Rules and Regulations to effectuate the policies outlined above. 2. No resale transaction shall be accomplished with respect to any Lot or club membership effecting a change in ownership upon the books until there shall have been paid to the Developer by the buyer a transfer fee in an amount determined by the Developer, which amount shall be Two Hundred Fifty Dollars ($250.00), to compensate the Developer (or the Association after the Developer's Relinquishment of such rights and duties) for record changes, inspection, decals, etc., together with such additional sums as may be required to satisfy unpaid expenses, or Assessments or Financial Obligations related to the Lot or club membership; provided, however, no transfer fee shall be payable in connection with the Developer's sale or transfer of any Unsold Lot(s) to any buyer(s), or in connection with the Developer or the Association's repossession or foreclosure of any Lot, or in connection with the reconveyance of any Lot to the Developer or the Association. Except as otherwise provided herein, no buyer of a Lot or club membership or lessee of a Lot shall be entitled to occupy a Lot until all delinquencies in Assessments and monies due to the Developer and/or the Association for said Lot or club membership have been paid in full. 17 A. LIABILITY INSURANCE XIV. INSURANCE PROVISIONS e(liii458 At the time of the Developer's Relinquishment of all or any portion of the RV Park 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 which have been transferred to the Association and insuring the Lot Owners and the Club Members, 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 $500,000 for one person, $1,000,000 per incident, and $250,000 property damage. Premiums for the payment of such insurance shall be paid by the Association as a Common Expense. B. CASUALTY INSURANCE 1. Purchase of Insurance. After the Developer's Relinquishment of all or any portion of the RV Park 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 RV Park, 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. 2. Loss Payable Provisions. All policies purchased by the Association shall be for the benefit of the Association. a. 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. b. 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. c. 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. d. 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. 18 XV. USE AND OCCUPANCY 60'459 1. All Lots shall be reserved and restricted for recreational vehicles (whether self propelled or pulled as an RV trailer by another vehicle) and such other permitted uses as are hereinafter described. Included within the category of recreational vehicles are tent -type vehicles that are mobile and are placed on the Lot and occupied as the principal camping facility. Not included within this classification (i.e., recreational vehicles) are folding tents not mounted on wheels or mobile homes. So- called "Park Model" units of less than 400 square feet are also permitted in the RV Park as hereinafter provided. The terms principal camping facility, main camping facility, camping facility, facility, Park Model, recreational vehicle, and vehicle are sometimes used synonymously, when the context so requires, in this Article XV to refer to the principal camping vehicle, unit, dwelling or other similar device placed on a Lot. Permanent or semi permanent storage structures may be erected on any Lot only as provided in subsequent paragraphs of this Article. Set forth below are additional permitted uses and use limitations, as the case may be, with regard to Lots within the RV Park. a. No shed, snow roof, awning, room, structure or other improvement is permitted on any Lot except as otherwise specifically provided in this Declaration. b. One storage shed only will be permitted on each Lot. The storage shed must conform to the plans, design, materials, method of construction, foundation and color specified by the Developer. The Developer shall have the right to remove any shed which does not conform with said specifications and charge the cost of removal to the Lot Owner. Each storage shed shall not be more than ten (10) feet wide, twelve (12) feet long, and ten (10) feet six (6) inches high, and not less than eight (8) feet wide, ten (10) feet long, and nine (9) feet six (6) inches high, unless said requirements for size are amended from time to time by the Developer. c. A customary slide -out awning solely attached to a recreational vehicle is permitted, provided the slide -out awning is not longer than the box portion of the vehicle and does not extend beyond either the front or rear of the vehicle at the point of attachment. All such awnings shall be so constructed that both the awning and all supporting structures and braces are solely attached to the recreational vehicle and are carried with the recreational vehicle when it leaves the Lot. d. A principal camping facility, including any tip -out or slide -out, shall not exceed a basic width of sixteen (16) feet. Neither the box portion of the principal camping facility nor any tip -outs or slide -outs which are or may become part of the principal camping facility shall extend into the easement at the rear of the Lot without an approved waiver signed by the Developer. e. All principal camping facilities (including extendable enclosures attached thereto) shall be of such exterior material and design as that customarily used by recognized manufacturers of such vehicles. 19 000460 f. The principal camping facility may have up to five (5) tip -outs or slide -outs without restriction as to their individual lengths. Such slide -outs or tip -outs must function as slide -outs or tip -outs into the main body of the camping facility and not be bolt -ons, except for Park Model units which have tip -outs permanently attached. g. Skirting of the principal camping facility is permitted, but such skirting shall be limited to conventional metallic skirting or vinyl skirting of a color and design similar to that of the vehicle. h. Except as otherwise provided herein, exterior additions or attachments to a recreational vehicle or other principal camping facility, whether on the top, rear, front, side or underneath, are prohibited. i. Clothes washing machines and dryers are permitted only in the principal camping facility or in the storage shed of the type authorized in this Article. A written permit shall be required from the Developer for the necessary plumbing and venting to accommodate these machines when they are to be located in a storage shed, along with the Developer's approval of the finished installation. j. In addition to the placement of recreational vehicles in the park, so- called "Park Model" units of less than 400 square feet are permitted in the RV Park; provided, however, that any Park Model unit must have 80 lb snow roof trusses and conform to the color, design, materials, specifications, and method of construction specified by the Developer, and no Park Model unit may be brought into the RV Park that is more than ten (10) years old unless otherwise specifically approved by the Developer. k. Ramada roofs, cabanas, permanently enclosed patios, add -on rooms, carports and fences are prohibited; provided, however, that non permanent moveable fences are permitted as approved by the Developer, and further provided that add -on rooms in the style of a so- called "Arizona Room" are permitted on Park Model units, provided the "Arizona Room" is permanently attached to the Park Model, has an 801b snow load roof, and that the design, color, materials, specification and plot plan are approved by the Developer. The Park Model must not exceed 12 feet in width by 36 feet in length, and the Arizona Room may not extend past the front or rear of the Park Model. The Park Model and Arizona Room together cannot exceed 24 feet in width. No add -on rooms or "Arizona Rooms" are permitted to be used with "recreational vehicles" in the RV Park. Arizona Rooms are only approved for Park Models. Planter boxes, stub walls, solid partitions or trellises are permitted provided they meet the following conditions: (1) Such features do not materially affect the views of adjacent neighbors. (2) They conform with County and State regulations. (3) They do not constitute a hazard or impediment to access in the event of fire or other emergency. 20 CCO 461 (4) They are not placed to extend beyond the front or rear of the principal camping facility, unless specifically approved by the Developer. k -1. When placed around the patio area (defined as the area that would be covered by an awning as authorized in this Article), planter boxes, stub walls, or solid partitions shall be further limited to thirty-six (36) inches in height. k -2. Written construction permits authorized by the Developer shall be required for any new construction authorized herein, together with written approval of the finished installation. k -3. Any Lot Owner who rents or causes his Lot to be rented to another shall continue to enjoy his right to vote, but shall forfeit his right to (i) use the Common Areas, includ- ing the recreational facilities appurtenant to the Lot so rented; and (ii) to participate in special events related to ownership of the Lot so rented, and Owner's rights at special events during the period of time that his Lot is rented to another. Such rights shall be deemed transferred to the tenant during the rental term. Such rights are not forfeited as to other Lots owned by the Owner but not rented. 1. Radio or television antennas or towers must be attached in the regular manner to the top of the principal camping facility, the attached awning, or to the side or corner of the principal camping facility or storage shed. Free standing radio and television antennas or towers are not permitted, but free standing dish antennas are permitted. Anything contained herein to the contrary notwithstanding, no antennas of any kind shall be installed without first obtaining the written approval of the Developer as to the location and size of said antennas and supporting wires. m. Only one (1) principal camping facility and only one (1) additional vehicle may be located or maintained on each interior Lot. The additional vehicle may be the customary passenger car or pickup truck, or, if it is the only means of transportation, it may be a truck camper, motor home or other such camping /travel unit. In either instance the parked vehicle must be located directly in front of the principal camping facility within the Lot boundary line. On corner Lots, in addition to the principal camping facility, two (2) additional vehicles may be parked, one on either driveway if constructed for that purpose and within the Lot boundary line. Motorcycles, ATV's, bicycles and golf carts are not restricted by this regulation. In the above context "additional vehicle" means passenger car, pickup truck, boat, boat trailer or car trailer, or any other strictly non camping vehicle. No motor home, minihome, camper or other vehicle designed as a travel /camping unit may be parked on any Lot along with the principal camping facility unless it is the only means of transportation, and then it must be parked directly in front of the principal camping facility. All parked vehicles must be parked wholly within the confines of the property lines. No parked vehicle shall be used for sleeping, eating or living quarters. n. No signs of any kind shall be displayed on any Lot without the written consent of the Developer, its assigns or successors. 21 00::j462 o. No animals (including fowl) shall be kept or maintained on any such Lot except customary household pets and then only on a Leash in accordance with the following rules and regulations: (1) No more than three (3) pets shall be permitted per Lot or Club Membership and said pet(s) must be owned by the Lot Owner or Club Member of the Lot wherein the pet(s) reside, or by the renter of such Lot. (2) Pets must be restrained and/or controlled by a leash at all times, unless in the designated Dog Park area. (3) Pets shall never be allowed to run loose at any time, day or night, unless in the designated Dog Park area. (5) of the flag pole. grounds. (4) Pets shall not be allowed in or on areas intended for recreational purposes. Pets shall not be allowed on the area at the front entrance nor in the area (6) Pets shall not be permitted in or around the Administration Building or its (7) Dog dung shall not be buried at any time. It must be placed in a proper container for waste disposal. (8) Pet droppings (dung) must be picked up by pet owners and placed in proper containers for waste or as provided in a pet exercise area(s). (9) If the Developer or its representative determines that a pet or pets are barking or howling or otherwise disturbing the occupants of the park to an unreasonable degree in any manner, then such pet or pets shall not be allowed to remain in the park. p. An irregular easement four (4) feet in width is reserved in and across all Lots in the RV Park for the installation and maintenance of utility services, and it is understood that such easement may be used by the Developer and/or its assigns for installation and perpetual maintenance of utility services. p -1 No structure (including any overhangs or permanently attached structures, i.e. not easily movable) may be placed on any Lot within four (4) feet of any back or side Lot boundary, or within five (5) feet of any front Lot boundary. Every Lot must provide a nine foot (9) by twenty (20) foot space for parking which does not extend into the street in front of such Lot. 22 00u463 q. No outside toilets shall be installed or allowed on any Lot. Adequate sanitation facilities have been or will be installed by the Developer, and each Lot user must use such facilities in accordance with the rules of the Developer. r. No nuisance shall be allowed upon a Lot nor any use or practice which is the source of unreasonable annoyance to residents or which interferes with the peaceful possession and proper use of the property by its residents. All parts of each Lot shall be kept in a clean and sanitary condition, free of weeds, and no rubbish, refuse or garbage 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 or Club Member responsible therefor, and to collect said expense in the same manner as delinquent Assessments owed to the Developer. s. All Lots are restricted to recreational uses for parking of a principal camping facility and other vehicles and/or structures and uses permitted by this Declaration, eating, etc., and no commercial activities shall be conducted thereon; 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 and/or Club members in the RV Park, or for its use in connection with the sale of Lots, club memberships or other property, whether inside or outside of the RV Park. t. The Developer will have the right to limit and restrict the number of adults and/or children residing on or occupying any Lot at any one time or on a permanent or semi permanent basis. u. The Developer shall have the right to restrict or prohibit the use of solar collector panels or other solar devices if they become a nuisance or problem for other Lot Owners. v. No wood burning is allowed in the RV Park except in the Tent area. Fireplaces and grills used in the RV Park may only burn propane or briquettes. Tables and benches may be placed on Lots, but no personal property except as hereinabove provided shall be permitted to remain where it can be seen by other campers or visitors to the area except when the Lot is actually in use; provided, however, that the foregoing shall not apply to the principal camping facility, which may be allowed to remain on the Lot even though not in use. No camping facility shall be placed on a Lot for more than five (5) days without the said facility having been approved by the Developer as having met the above requirements as to the condition and type of facility, and said facility shall thereafter be inspected and approved annually as to condition. w. No motorcycles, three -wheel vehicles, four -wheel all terrain vehicles, golf carts or dune buggies may be driven in the RV Park by any unlicensed or under -age drivers, and the noise level thereof must be acceptable to the Developer or its representative. 23 00464 x. The Developer shall determine the frequency of garbage removal service, and may but shall not be required to provide security for the park. y. Any Lot Owners or Club Members with golf carts shall pay a trail fee to the Developer established by the Developer on an annual basis or a per -round basis unless the golf course is acquired by the Association, at which time such fees shall be paid to the Association. All guests of Lot Owners or Club Members will pay green fees to the Developer. Two adult Owners of each Lot or Club Membership will be entitled to play on the golf course without green fees, together with any of their children under 19 years of age who are living at home. z. If space is available, the Developer shall have the right to rent numbered spaces on a day -to -day or month -to -month basis to accommodate cars, pickup trucks, boats, small vans or other motor vehicles. z -1. The Developer shall have the right to establish rules and regulations regarding the use of all Common Areas and recreational areas of the RV Park, including the requirement that all minor children be escorted by a resident adult in all Common Areas and recreational areas of the RV Park. The Developer shall also have the right to establish fees for guests of Lot Owners and/or Club Members who utilize Common Areas or recreational areas of the RV Park. z -2. These covenants are not enforced by the County of Lincoln, State of Wyoming. The RV Park must comply with Lincoln County Land Use Regulations. 2. These restrictions shall be considered as covenants running with the land, and shall bind all Club Members and the purchasers of any Lots in the RV Park, and their heirs, executors, administrators, successors, and assigns, and if said Owners and/or Club Member, or any of them, 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 Star Valley Ranch RV Park. Any future amendment to this Declaration permitted hereunder (including under Article VII hereof) shall be binding upon and inure to the benefit of Developer, the Association and all Lot Owners and Club Members, and their successors and assigns. 3. No Lot Owner or Club Member or renter of a Lot shall permit or suffer anything to be done or kept in or on his Lot or the Lot he is using if he is a Club Member or renter of a Lot, which will increase the rate of insurance on the RV Park property, or which will obstruct or 24 interfere with the rights of other Lot Owners and/or Club Members or annoy them with unreasonable noises, sights or smells, or otherwise, nor shall the Lot Owner or Club Member or renter of a Lot commit or permit any nuisance, immoral or illegal act in or about the Lot or the property. 4. 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. XVI. MAINTENANCE AND ALTERATIONS A. The Developer may enter into a contract with any firm, person, or corporation, including the Developer, for the maintenance and repair of the Common Areas and Unsold Lots, and for the security of the RV Park. B. The Developer may enter into a contract with the owners of any public utility for the furnishing of such public services. The Developer may, from 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 of the Common Area facilities. C. 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 afore described, are exclusively or substantially exclusively for the benefit of the Lot Owner(s) or Club Members requesting or using same, then the cost of such alterations or additions may be Assessed against and collected solely from the Lot Owner(s) or Club Members exclusively or substantially exclusively benefitting therefrom, and the Assessment shall be levied in such proportion as may be determined as fair and equitable by the Developer. Where alterations or additions are to be assessed and collected solely from the Lot Owners and /or Club Members 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 or Club Members exclusively or substantially exclusively benefitting therefrom, and where said Lot Owners are ten (10) or less, the approval of all but one shall be required. XVII. MISCELLANEOUS PROVISIONS A. The Owners of the respective Lots shall not be deemed to own pipes, wires, conduits, roads, sewage connections, etc., or other public utility lines running through the Lots which are utilized by or serve more than one Lot, which items are, by these presents, made a part of the Common Area facilities. 25 e00466 B. The respective Owners of the Lots and the Club Members shall be deemed to agree that if any portion of the improvements on any Unsold Lot or Common Area or Limited Common Area encroach upon a Lot, a valid easement for such encroachment and maintenance of the same, so long as it stands, shall and does exist. C. No Owner of a Lot or Club Member may exempt himself from liability for his contribution toward the Common Expenses or Assessments by waiver of the use and enjoyment of any of the Common Area facilities or by the abandonment of his Lot or Club Membership. D. 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. For the purposes of ad valorem taxation, the interest of the Owner in his Lot and in the Common Areas shall be considered as a unit. The value of said unit shall be equal to the percentage of the value of the entire RV Park, including land and improvements, as may be assigned to said unit from time to time and as set forth in this Declaration. The total of all of said percentages equals 100% of the value of all of the land and improvements as established and amended from time to time pursuant to this Declaration. E. The Owners of Lots and Club Members shall have a right -of -way for ingress and egress over and across all roadways within the RV Park subdivision, except such roadways as Developer may develop or designate for special purposes, such as maintenance or loading. F. Any Lots in the subdivision bordering on Cedar Creek shall not have any riparian water rights. G. The RV Park will open sometime between May 1 and May 15, and close sometime between October 15 and October 31 of each year, as determined by the Developer, depending on current weather conditions, unless an appropriate governmental agency or authority and the Developer determine otherwise. Owners of Lots and Club Members shall have the right to occupy the Lots only during the time the RV Park is open, as set forth above. H. The Developer has developed an executive golf course on acreage near the RV Park which shall be maintained as a Common Expense. If in the sole discretion of the Developer, an insufficient number of Lots and /or club memberships are sold to maintain the golf course after the payment of other Common Expenses, the Developer shall not be required to maintain the golf course. The Developer shall have the right to control and restrict the usage of said golf course by Lot Owners, Club Members and their guests and to charge an Assessment or fees for its use; 26 006467 and the Developer's business invitees and guests shall be entitled to utilize said golf course without charge until such time as the latter of (1) the Completion of the Development, or (2) the Developer's Relinquishment of all and every portion of the RV Park to the Association. The Developer may retain ownership of the golf course indefinitely or it shall have the right to sell said golf course to any person, entity, assignee of the Developer or the Association, subject to the rights of the Lot Owners and/or Club Members and the RV Park Association to utilize the land as a golf course in accordance with the conditions contained in this Declaration, or the Developer shall have the right to convey said golf course to the Association, in which event the Association shall be obligated to accept said golf course and thereafter maintain it as a golf course for the benefit of the members of the Association in accordance with the conditions contained in this Declaration. The Developer may but shall not be required to construct a sales office on or about the RV Park for its use in connection with its sale and promotional activities. Upon the Completion of the Development or the Developer's Relinquishment of all and every portion of the RV Park to the Association, or at such earlier time as the Developer determines, the Developer may elect to sell the sales office to the Association at the appraised value thereof, in which event the Association shall purchase the sales office for cash at the appraised value, or the Developer may elect to rent the sales office to the Association, in which event the Association shall rent the sales office from the Developer at the fair market rental value. Prior to the Completion of the Development, the Developer may elect to rent space in the sales office to the RV Park Association in which event the Association shall pay a reasonable rental for said space. I. The Developer will maintain the water system, roadways, and sewer systems within any particular plat or phase in 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 water system, roadways and sewer systems, or any portion thereof, within any plat or phase of the RV Park upon Relinquishment by the Developer. Fire protection is currently available in the subdivision by the Thayne Volunteer Fire Department. J. The Developer may but shall not be required to construct restrooms, washrooms, a club house and various recreational facilities in the RV Park. 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 RV Park to the Association, whichever is later. The sewage lagoons serving the RV Park must at all times function and operate properly in accordance with the regulations of the appropriate governmental authorities having 27 X00468 jurisdiction over the same. If the sewage lagoons and sewage facilities serving the RV Park should at any time cease functioning properly and adequately in accordance with the regulations of the appropriate governmental authorities having jurisdiction, then the Association, once formed, must correct such deficiencies or make other satisfactory arrangements which shall conform to the appropriate governmental authorities having jurisdiction over the sewer facilities. This provision shall be irrevocable. K. 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 /or Club Member 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. L. Whenever notices are required to be sent hereunder, the same may be delivered to Lot Owners or Club Members either personally or by mail addressed to such Lot Owners or Club Members at General Delivery, Thayne, Wyoming 83127, with a copy thereof to any other address specified by the Lot Owner or Club Member 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 Leisure Valley, Inc., Post Office Box 299, Thayne, Wyoming 83127, and to such other place as may be designated by the Developer. M. Any Lot Owner or Club Member 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. N. 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. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation of the RV Park. O. 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. P. If any covenant, term, 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 term, provision, covenant, or element of this Declaration. 28 CO 469 Q. Every Owner, occupant or lessee of a Lot or a Club Membership, whether he has acquired his ownership or interest by purchase, gift, conveyance, transfer, operation of law, 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. R. In the event the Developer agrees to rent a Lot on behalf of a Lot Owner, then in that event (except as otherwise provided in Article XII hereof relating to the collection of an Assessment Lien) the rental income will be paid to the Developer and credited first to any accrued charges and /or Financial Obligations against the Lot, and the excess (less Developer's fee), if any, shall then be paid to the Lot Owner. S. Upon the Developer's Relinquishment of all and every portion of the RV Park (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. T. 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 permanently 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 IN WITNESS WHEREOF, LEISURE VAS LEY, INC., aNevada corporation, has caused this Declaration to be signed in its name this day of 2009. 29 LEISURE VALLEY, INC., a Nevada Corporation By: GVitr Harold Val Stewart, President STATE OF WYOMING COUNTY OF LINCOLN ss. On this'2&day of If›.C�br kei 2009, 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. NANCY J. BROWN NOTARY PUBLIC COUNTY OF ?qt= STATE OF LINCOLN s vIY OMING MY COMMISSION EXPIRES co (2-51 30 CA 47O Not blic in and for said County and State EXHIBIT "A" PROPERTY DESCRIPTION Star Valley Ranch RV Park Plat 2 (Phase II Stage 1), including Lots 574 through 657, inclusive, recorded as Instrument No. 867445, (and in Plat File No. 292 -B), in Lincoln County, Wyoming, on June 7, 2000. EXHIBIT "A" 31 000471 Star Valley Ranch RV Park Plat 1 2nd Filing (Phase I Stage 5), including Lots 2001 through 2015, inclusive, recorded as Instrument No. 866579, (and in Plat File No. 292 -A), in Lincoln County, Wyoming, on June 7, 2000.