Loading...
HomeMy WebLinkAbout964398As amended April 14, 2012 STATE OF WYOMING COUNTY OF LINCOLN AN AMENDMENT TO INSTRUMENT #943873 As Recorded in Lincoln County, Wyoming Book 734, Page 199 THE SECONDAMENDMENT TO THE COVENANTS AND RESTRICTIONS OF THE GOMM FAMILY ASSOCIATION SUBDIVISION 00576 RECEIVED 5/4/2012 at 11:32 AM RECEIVING 964398 BOOK: 785 PAGE: 576 SS. JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WHEREAS, the entire property now known as the Gomm Family Association Subdivision (hereafter called GFA Subdivision) was previously wholly owned by the Gomm Family Association, Inc., (hereafter called GFA, Inc.) with each of the seven children of Ben and Opal Gomm as shareholders. For legal reasons the GFA, Inc., Board of Directors (hereafter called the Board) elected to subdivide the property and give ownership of individual lots to the children of Ben and Opal Gomm, as surveyed and approved by the County Commissioners of Lincoln County, Wyoming, to be known as the Gomm Family Association Subdivision. The Gomm Family Association Subdivision is to be governed and managed by a Homeowner's Committee (Committee) composed of the owners of each of Lots 1 -7 and a non voting liaison member from Lot 8, or the Pond Lot, which is owned and managed by GFA, Inc. WHEREAS, it is the desire of all GFA Subdivision lot owners that unity and cooperation of all participants be an essential goal of the owners of lots in this subdivision, and WHEREAS, due to difficulties arising from violations of requirements and standards in the previous Covenants and Restrictions, it has become necessary to remove all family- focused involvement and impact from all aspects of the ownership, use, sale, or governance of the GFA Subdivision, which action is reflected in this revision, and WHEREAS, there is no longer a need or desire to mentor or formally involve subsequent generations of Gomm family members in the management of the subdivision, the Management Committee has been eliminated and all former responsibilities and duties relating to the GFA Subdivision infrastructure for Lots 1 -7 have been transferred to the Homeowner's Committee. WHEREAS, the undersigned desire to place certain covenants and restrictions on said subdivision for the benefit and protection of the undersigned and those owning lots in said subdivision; and WHEREAS, the undersigned desire that this amended instrument dated April 14, 2012, shall define the covenants and restrictions upon said subdivision and shall be incorporated by reference into the deeds and contracts to persons owning and /or purchasing a lot located in said GFA Subdivision C &R amended 4 -14 -12 Page 1 -13 subdivision with said covenants thereby intended to apply to each lot as specified and to run with the land through subsequent transactions. NOW, THEREFORE, all of the property as described in the GFA Subdivision amended above described, is subject to the following listed covenants and restrictions, to wit: A. GENERAL TERMS 0_0..5 r 1. All of the land previously held by the GFA Inc., was surveyed and divided into eight (8) lots as shown on the division plat as Gomm Family Association Subdivision Amended described and recorded in Lincoln County, Wyoming as Instrument #943628 Amended, hereinafter referred to as the "Plat." Individual lot ownership was conveyed to those named thereon subject to covenants and restrictions hereafter set forth, and titles to individual lots were recorded in the office of the Clerk of Lincoln County. All persons who own or have use of any lot shall be subject to the binding agreements, covenants, and restrictions contained in these Covenants and Restrictions of the GFA Subdivision and the Bylaws of the Gomm Family Association, Inc., including any that may hereafter be approved by the Board of the GFA, Inc., or the Homeowner's Committee of the GFA Subdivision, or the Homeowner's Committee. The heirs and /or successors of such owners shall also be required to conform to and observe the same. 2. The current owners of Lots 1 -8 of the Gomm Family Association Subdivision have established a GFA Subdivision Homeowner's Committee (hereafter called the Homeowner's Committee) composed of eight (8) members including one representative from each of the owners of Lots 1 -7 and one non voting liaison member from Lot 8 who will serve without pay or other compensation. 3. Lot 8 as shown on the above referred to amended Plat (survey #943628 as amended), which consists of that part of the pond included in the subdivision, is wholly owned by the GFA, Inc. As specified in the GFA, Inc., Bylaws and affirmed in these Covenants and Restrictions, in the event that the GFA, Inc., Board determines that the pond be drained permanently, or for other reasons the GFA, Inc., determines to divest itself of Lot 8, said lot shall be divided by extending the boundary lines that now divide the five (5) lots on the east bank of the pond to the west boundary of the subdivision, (per survey instrument #943628) and ownership will be given by quit claim deed from GFA, Inc., without cost of the land, to the owners of each of the five (5) adjacent land lots. This provision of the GFA, Inc., Bylaws and these Covenants and Restrictions may not be changed by the GFA, Inc., Board of Directors, the Homeowner's Committee, or others, and such residual right to ownership shall be reflected on the GFA, Inc., share of ownership held by the lot owner and conditions herein stated. 4. These revised Covenants and Restrictions remain binding unless an instrument is signed by five (5) of the seven (7) voting lot owner members of the Homeowner's Committee who agree to changes in said covenants in whole or in part with the exception of A -3 regarding disposition of Lot 8 which may not be changed. GFA Subdivision C &R amended 4 -14 -12 Page 2 -13 B: SELECTION, TERM, AND RESPONSIBILITIES OF HOMEOWNER'S COMMITTEE OFFICERS GFA Subdivision C &R amended 4 -14 -12 Page 3 -13 00578 1. The Homeowner's Committee shall consist of eight (8) members, seven (7) of whom represent one of the seven (7) individually owned lots and one (1) who is a liaison member from the GFA, Inc., Board representing Lot 8. A member of the Homeowner's Committee shall be limited to: (1) the owner of one of the seven individually owned lots, (2) a specified legal representative if the lot owner is an otherwise entity, such as a trust; (3) a proxy designated by the lot owner from his /her immediate family, and (4) a member of the GFA, Inc., Board of Directors. Written notice with the name of any proxy must be delivered to the Chairman not less than three (3) days prior to the meeting. The tenure of each Committee member shall be determined by the entity he /she represents, and no compensation shall be paid to Homeowner's Committee members, as such, for their services. 2. An annual meeting of the Homeowner's Committee will be held each year in April or May at a time and place designated by the Chairman for the purpose of selecting officers and for the transaction of such other business as may come before the group. Other special or emergency meetings may be called when two (2) or more of the members of the Committee deem it necessary and shall be held at a time and place acceptable to a majority of the Committee members. If the required advance notice cannot be given for a special meeting, a waiver of notice signed by all current Committee members may designate a closer date and time. Any special or emergency meetings may deal only with issues which do not change the Covenants and Restrictions, GFA Subdivision policy, or commit financing and contracts outside limits previously established by a vote of five (5) of the seven (7) voting Committee members at an annual meeting. 3. Agenda items shall be submitted to the Chairman not less than thirty (30) days in advance of the meeting and a detailed, written agenda shall be prepared by the Chairman and be delivered to all Committee members not less than fourteen (14) days prior to all meetings. Such agenda items must have adequate information for advance preparation by attendees. Items not on the agenda may be tabled at the request of at least two Committee members. No vote requiring five (5) of the seven (7) votes may be taken unless the item appears on the agenda and is distributed in advance of the meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United Sates mail, addressed to the Committee member at his /her address as it appears on the records of the Homeowner's Committee records with postage thereon prepaid. If desired and agreed to by an individual Committee member, supplemental e -mail or fax notice may be sent. Unless otherwise provided by law, whenever any notice is required to be given to any Committee member under the provisions of these Covenants and Restrictions, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. The attendance of a Committee member at any meeting shall constitute a waiver of notice except where a member attends for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. 0579 4. A quorum of not less than six (6) voting members is required for all meetings held by the Homeowner's Committee, and established voting procedures must be followed. Detailed minutes must be taken, incorporated into the general records of the Homeowner's Committee, and made available upon request to the general family membership within two weeks following any such meeting. Family members of all lot owners may attend and observe at any regular meeting of the Homeowner's Committee. 5. Voting will be limited to one (1) vote per owner of Lots 1 -7 in person or by proxy with seven (7) votes total. A member of the Homeowner's Committee may designate a proxy as stated previously in B 1(3) to represent and vote in his /her place but may not make such a choice for any other members. 6. At any meeting of the Homeowner's Committee, six (6) of the seven (7) Committee members who are entitled to vote and are represented in person or by proxy, shall constitute a quorum at the meeting. If less than six (6) voting members are represented at a meeting, a majority of lot owners so represented may adjourn the meeting from time to time without further notice. The Committee members present at a duly organized meeting may transact business until adjournment, notwithstanding the withdrawal of enough Committee members to leave less than a quorum, but not less than five (5) of the seven (7) voting Committee members. A member of the Homeowner's Committee shall be presumed to have assented to any action taken unless his /her dissent is entered in the minutes or unless he /she files such dissent with the Secretary immediately after the adjournment or, if absent, within five (5) days of the meeting. Such right to dissent shall not apply to a member who voted in favor of such action. Decisions regarding management and maintenance, selection of officers, and financial and contractual commitments shall be decided by an affirmative vote of not less than five (5) of the seven (7) voting Committee members, except as otherwise specified. Such changes in financial and contractual commitment include any items which commit the Homeowner's Committee for more than one year or that require funding beyond that which can be covered by the annual assessment in that same year. Unless otherwise specified, voting may be by voice, show of hand, or secret written ballot as determined by the Committee; but upon the demand of any Committee member, the vote upon any question before the group shall be by ballot. 7. The order of business at all Homeowner's Committee meetings shall be as follows: 1. Roll Call 2. Proof of notice of meeting or waiver of notice 3. Reading and approval of minutes of the preceding meeting 4. Reading and approval of financial report for the preceding year 5. Reports of Officers 6. Reports of Committees 7. Unfinished Business 8. New Business 9. Selection or Change of Officers 10. Adjournment GFA Subdivision C &R amended 4 -14 -12 Page 4 -13 00580 8. Unless otherwise provided by law or restricted by these Covenants and Restrictions, any action required to be taken at a meeting of the Homeowner's Committee, or any other action which may be taken at a meeting of the Committee may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Committee members entitled to vote with respect to the subject matter thereof. 9. Taxes, fire and liability insurance, and utility service costs on personal property and buildings on individually owned lots shall be the responsibility of and be paid by the lot owner. The amount of an annual assessment to cover Homeowner's Committee expenses shall be determined by the Committee based on its needs. Such assessment shall be sufficient to cover all financial obligations including premiums for the GFA Subdivision liability insurance, GFA Subdivision maintenance, utility service costs, (water, main sewer line, electrical), and other costs for which the Committee is responsible. The total amount determined shall be divided by seven (7) with 1 /7th assessed equally to each owner of Lots 1 -7. Since it does not use those services, Lot 8 shall not be required to share in the expenses of infrastructure maintenance or other costs. Such assessment must be paid to the Homeowner's Committee within ninety (90) days of notification. Should lot owners fail to pay assessed fees on time, the Committee may enforce compliance by restricting use of facilities or by appropriate legal proceedings. 10. The business and affairs of the GFA Subdivision shall be managed by the Homeowner's Committee. Committee members shall in all cases act as a Committee, and they may adopt such rules and regulations for the conduct of their meetings as they may deem proper, not inconsistent with these Covenants and Restrictions and the laws of the state of Wyoming. Homeowner's Committee responsibilities shall include: 1. Administering the Covenants and Restrictions of the GFA Subdivision and modifying the same when necessary. 2. Performing or delegating the activities related to the accomplishment of its responsibilities. 3. Providing management oversight and making operational decisions regarding the management and maintenance of the subdivision facilities, infrastructure including roadways, water system, fences, and main sewer line as described by easements within the scope of these Covenants and Restrictions, and Committee guidelines and policy. 4. Making decisions regarding amounts to be assessed for annual dues, special needs, and work projects. This provision includes the authority to collect and disburse funds for GFA Subdivision needs. 5. Establishing and enforcing regulations and restrictions for the safety and protection of persons and property over which it has responsibility. 6. Designating an Executive Subcommittee or other subcommittees as needed and specifying their function and responsibilities. if desired, members of these subcommittees may be drawn from the extended families of Committee members. Each such subcommittee shall serve at the pleasure of the Homeowner's Committee. GFA Subdivision C &R amended 4 -14 -12 Page 5 -13 X0581 11. A Chairman to be the principal officer and director of the Homeowner's Committee subject to control by the other Committee members will be selected from its members by rotation according to the following order: Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6, Lot 7. The term of office shall be one (1) to three (3) years as approved by the other members of the Homeowner's Committee. Should a nominee for either Chairman or Vice Chairman decline or be unable to serve, a member of his /her immediate family may serve in his /her place as proxy or the Committee may rotate the office to the next in line. Such proxy shall have the right to act with the full authority of the person he /she represents. New owner /members will assume the rotational position of the previous owner of their lot. The Chairman shall in general supervise and manage all of the business and affairs of the Homeowner's Committee. He /She shall, when present, preside at all meetings of the Committee. He /She may sign, with the Secretary or another approved officer any deeds, mortgages, bonds, contracts, or other instruments which the Committee members have authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Committee or this document to some other officer or agent of the Homeowner's Committee or shall be required by law to be otherwise signed or executed, and in general shall perform all duties incident to the office of Chairman and such other duties as may be prescribed by the Committee members from time to time. 12. A Vice Chairman will also be selected by a similar rotation, one step removed, and will replace the Chairman at the end of his /her term of service or in the event of his /her death, inability, or refusal to act. When so acting, the Vice Chairman shall have all the powers of, and be subject to all the restrictions upon, the Chairman. The Vice Chairman shall perform such other duties as from time to time may be assigned to him /her by the Chairman or by other Committee members. Should a nominee for either Chairman or Vice Chairman decline or be unable to serve, a member of his /her immediate family may serve in his /her place as proxy or the Committee may rotate the office to the next in line. Such proxy shall have the right to act with the full authority of the person he /she represents. 13. A Secretary /Treasurer for the Homeowner's Committee will be selected by the Homeowner's Committee from the family members of lot owners at large and shall have no separate vote. The term of office will be two (2) to three (3) years with a consecutive one -term limit. The Secretary /Treasurer shall attend and take detailed minutes of meetings of the Homeowner's Committee and distribute them to the Homeowner's Committee members in a timely way, see that all required notices are duly given, keep an accurate record of all post office addresses and telephone numbers of each committee member, and serve as secretary to the organization as requested. The Homeowner's Committee Secretary /Treasurer will also be responsible for disbursing funds to meet Homeowner's Committee needs for the operation and maintenance of the Subdivision's infrastructure, its financial obligations, and other assigned responsibilities. All disbursements including checks, drafts or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Homeowner's Committee shall be signed by such officer or officers, agent or agents of the Committee and in such manner as shall from time to time be determined by resolution of the members. Whether such documents GFA Subdivision C &R amended 4 -14 -12 Page 6 -13 C: MAINTENANCE OF BUILDINGS, PROPERTY, AND OTHER FACILITIES GFA Subdivision C &R amended 4 -14 -12 Page 7 -13 00582 are submitted in written form, online, or otherwise, they must be authorized and signed by two (2) members of the Committee including the Treasurer and another approved Committee officer. The Secretary /Treasurer shall have charge and custody of and be responsible for all funds and securities of the Homeowner's Committee; receive and give receipts for moneys due and payable to the Committee from any source whatsoever, and deposit all such moneys in the name of the Homeowner's Committee in such banks, trust companies, or other depositories as shall be selected in accordance with these Covenants and Restrictions and provide general oversight in their use. He /she shall disperse allocated funds to the Homeowner's Committee, pay financial obligations and other expenditures, and in general perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him /her by the Chairman or by the Directors. By an affirmative vote of not less than five (5) of the seven (7) voting members, the Homeowner's Committee may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and in behalf of the Committee, and such authority may be general or confined to specific instances. Officers and members of the Committee may not commit the Homeowner's Committee for any financial obligations beyond those authorized by the Committee, and no contracts or loans shall be contracted on behalf of the Homeowner's Committee, nor shall any evidences of indebtedness be issued in the name of the Homeowner's Committee unless authorized by an affirmative vote of not less than five (5) of the seven (7) voting Committee members. Such authority may be general or confined to specific instances. The Secretary /Treasurer will prepare a yearly financial statement for presentation at the annual meeting as well as for use by Homeowner's Committee members as needed. Once each year, the financial records kept by the Secretary /Treasurer will be audited by two members of the Homeowner's Committee who are other than the current officers. 14. Any officer or agent selected or appointed by the Committee may be removed by a vote of five (5) of seven (7) voting Committee members whenever in their judgment the best interests of the Homeowner's Committee would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the person so removed. Written notice of an impending vote to remove must be given by registered mail to the officer or agent affected together with reasons for such removal not less than fourteen (14) days prior to such action. Prior to the vote, such officer shall be given opportunity to respond to all charges in a regular meeting. A vacancy in any office because of death, resignation, health reasons, removal, disqualification, or otherwise, shall be filled by following the guidelines for selecting such officers as previously specified in B11, B12, and B13 including designating an alternate from the affected officer's immediate family. Except for Lot 8, all lots in the GFA Subdivision are subject to these Covenants and Restrictions. 1. Only one (1) permanent residential structure will be permitted on each lot. All lots are subject to these Covenants and Restrictions. 2. Any new construction shall be no closer than ten (10) feet to the lot boundary unless variance is secured from the adjoining property owner. 3. No improvement shall be built unless it conforms with all requirements of the Lincoln County planning authority. 4. While lots are approved for only one (1) family unit, immediate family members and /or guests may temporarily occupy the premises with the lot owner. Trailers, motor homes, and other camp -type facilities may be used for short-time visits but may not be stored on lots for extended periods of time when not in use. 5. Rubbish, trash, and /or debris on all lots must be cleared away regularly by the owner and may not be left on the property. No dumping of any kind is allowed on lots. All vehicles, trailers, and the like must be in operating condition and may not be left unused on the property for extended periods of time. Excess building materials and other such items must be stored neatly and cleared and removed in a timely way when the projects requiring them are completed. 6. Any maintenance or improvement item approved by five (5) of the seven (7) voting members of the Committee and done for the common benefit of the subdivision will be maintained by the owners of Lots 1 -7; and all expenses, repairs, and costs of operation will be paid for equally by them either by special assessment or from funds allocated to the Homeowner's Committee. 7. The lot owner must maintain appropriate care of grass, trees, septic tanks, and other features on his /her lot. Lawns must be mowed periodically throughout the summer months beginning no later than 4 July each year, both for appearance and to reduce the fire hazard. Weeds must be controlled to prevent their spreading to neighboring lots. If not performed on time, and after due notification, the Homeowner's Committee may hire out this work to a maintenance person or a qualified pesticide applicator and the owner will be charged for the expense. D: ACQUISITION AND DISTRIBUTION OF FINANCIAL OBLIGATIONS FOR MAINTENANCE OF INFRASTRUCTURE AND UTILITIES 1. The Homeowner's Committee shall determine an itemized amount needed to cover the expenses of performing its assigned responsibilities for the coming year. This amount should be sufficient to cover roadway maintenance; water source and main line; sewage disposal main line; electrical service charges for operation of the well pump; premiums for liability insurance relating to the GFA Subdivision; taxes and insurance; and all other responsibilities given to the Homeowner's Committee for maintenance of the subdivision. GFA Subdivision C &R amended 4 -14 -12 Page 8 -13 0058 E: RESTRICTIONS ON USE OF INDIVIDUAL LOTS The following restrictions on the use of Lots 1 7 of the subdivision shall be implemented with this document. Other restrictions as deemed necessary and appropriate may be established or changed from time to time by the Homeowner's Committee. 1. No activity of any kind will be permitted on any subdivision property that violates or transgresses any law or provision established by any governing agency with jurisdiction over the property, its owners, residents, or guests. Should violations occur, the GFA, Inc., and Homeowner's Committee will fully participate in compliance with and enforcement of such laws and /or provisions providing that such laws are in compliance with the Constitution of the United States. 2. No noxious, illegal, or offensive activity will be conducted upon any lot, nor will anything be done thereon which may be or may become an annoyance or nuisance to others in the subdivision. This provision includes but is not restricted to use of illegal drugs or illicit activities and /or excessive alcohol use. 3. Fireworks of any kind are prohibited within the GFA Subdivision. 4. The use of firearms is prohibited except for self defense and the control of obnoxious vermin (i.e. ground squirrels, muskrats, and the like) and then only when the safety of persons, livestock, and /or property is not jeopardized. 5. Outside burning of garbage and non -toxic waste products is permissible within legal guidelines and is restricted to covered bum barrels or enclosed fire rings. All such materials must be completely burned for public safety, odor control, and so as not to provide breeding places for flies, rodents, etc. All metal and other can residue, ashes, broken glass, and other hazardous materials must be removed regularly. Such fires must be appropriately set, supervised, and put out to prevent unwanted fire or other damage. 6. Guests must abide by all covenants and restrictions, and it is the responsibility of the lot owner to make them aware of such. Lot owners are responsible for his /her guest's conduct and have the responsibility to deal with any problems that arise as well as assume liability for any damage to persons or property that may occur during such visits whether or not he or she accompanies them. 7. Access to and use of the portion of the pond comprising Lot 8 is available to all GFA, Inc., shareholder /lot owners and their families and guests with the provision that all rules and agreements pertaining to such use that are or may be in effect are accepted and fully complied with by them, their families, and their guests. Such use is subject to adequate supervision of children, respect for property, observance of appropriate safety rules, and compliance with other restrictions established by the Board of the GFA, Inc. All users (including expert swimmers) must wear adequate flotation vests at all times when they are in or on the water, exercise appropriate consideration for the safety of themselves and others when in, on, and around the water and in the surrounding area, exercise proper use and care of equipment, and promptly repair or replace any damaged or lost property (i.e. boats, floats, docks, oars, GFA Subdivision C &R amended 4 -14 -12 Page 9 -13 00584 GFA Subdivision C &R amended 4 -14 -12 Page 10 -13 00585 residential facilities, etc.). No dunking, running, pushing, or other unsafe practices are allowed either in or around the pond. No lifeguard shall be provided and all children must be personally supervised by their parents or another assigned adult at all times. Permission to use that portion of the pond owned by the F. Bryant and Dorothy Ann Gomm Joint Trust dated 12 March 1991 and the Gomm Ranch, LLC, Debbie G. Saunders, Manager, requires specific, individual permission from the owners or beneficiaries of that trust and may not be assumed or transferred. Such permission may also be withdrawn. All users of any portion of the pond are expected to respect the right of private ownership of each lot and adjacent properties and to comply with all regulations in these Covenants and Restrictions and the Bylaws of the GFA, Inc. All users accept and assume all risks inherent in such an amenity and its environment whether summer or winter. Lot 8 and other GFA Subdivision owners and shareholders, members of the GFA, Inc., Board of Directors, Corporation shareholders, and Homeowner's Committee members shall be indemnified and held harmless for any accidents, damage, injury, death, or other mishaps that may occur. This indemnification and hold harmless includes the expenses of reasonable attorney's fees, court costs, and any damages assessed against any party because of the use or maintenance of Lot 8, other parts of the pond, or its surroundings. The owners of Lots 1 -7 and the Homeowner's Committee have the right to refuse or limit access to Lot 8 and other parts of the pond whenever unsafe actions, property damage, potential injury to others, nuisance activities, or other actions in their judgment warrant such action. Neither GFA, Inc, lot owners, nor the Homeowner's Committee assumes any liability whatsoever for accidents, injuries, death, or other problems occurring in or around the pond. 8. If sold, both the lot and the GFA, Inc., share of stock in Lot 8 must be sold together to the same buyer. 9. No lot within the subdivision shall be split unless each portion so split off is then consolidated with a contiguous lot. Lot 8, because of its nature, cannot be divided except under the provisions set forth in A3 in these Covenants and Restrictions and affirmed in Article II of the Bylaws of the GFA, Inc. Since the pond is owned by GFA, Inc., (Lot 8) and others (F. Bryant and Dorothy Ann Gomm Joint Trust dated 12 March 1991 and the Gomm Ranch, LLC, Debbie G. Saunders, Manager), access to and use of Lot 8 and other parts of the pond may not be assumed nor included as part of the sales agreement for any other lot if that lot is sold except as determined by ownership of shares in Lot 8 and permission of the aforementioned trust. 10. Traveling across individual lots whether by foot or vehicle is limited to approved access roads and existing approved pathways. 11. Dogs must be kept restrained on the animal owner /family's lot or on a leash if the animal is taken off that assigned property. Dogs may not be allowed to bark or howl unduly and should not be left unattended for any length of time. Animal owners are responsible for the damage caused by pets, and all pet residues must be cleared daily to avoid nuisance to others, odor, and insect infestations. 12. Overnight parking of motor homes or camp trailers is not permitted on the established roadways within the GFA Subdivision. Any parking of vehicles or other items shall not block or hinder movement of other vehicles on roadways or other areas used by others. 13. Rights to the use or trespass on properties adjacent to that owned by an individual lot owner are not automatic. All use or access on the property of others requires personal written or verbal consent to do so from the owner of such property for each event. 14. While main roadway right of access shall be provided across each property, such easements do not include private driveways or turn areas. It shall be the right of the lot owners to reconfigure the access road on his /her own lot at their own expense if they choose to do so. 15. Roadway use is primarily for ingress and egress to and from lots within the subdivision. Roadways and paths are not to be used as a raceway or track for all- terrain vehicles (ATV) and other vehicles, such as motorbikes, go -carts, motorcycles, snowmobiles, etc. Vehicular traffic of all types shall be restricted to reasonable, slow, and safe speed limits not to exceed 10 miles per hour, in order to give appropriate consideration to the peace and quiet of surrounding residents as well as to restricting dust and noise from such traffic. 16. All lot owners must have septic tanks pumped with baffles checked and serviceable every three (3) to five (5) years if used full time and every ten (10) years if used seasonally. F: GENERAL PROVISIONS G: EASEMENT AREAS 00586 1. These covenants and restrictions shall be binding upon all parties and persons who own or use lots in this subdivision, including families and guests, subsequent owners, and other users, as indicated by the signature of the current lot owners or their representative, (if representing a family's entity such as a Trust) and shall carry over and be binding upon any subsequent owner(s) of any lot and their families and guests. It is understood that each of the signers /lot owners has read this document and accepts it in its entirety as binding on all concerned. 2. When necessary, enforcement shall be by proceedings at law or in equity against any person violating any covenant or restriction either to require compliance, restrain violation, or to recover damages. The prevailing party in any action shall be entitled to recover their costs and reasonable attorney's fees incurred in such action. 1. The properties above described shall be subject to a perpetual easement for the main access roadway (which does not include driveways or turn areas), main sewer line (not including the privately owned drain field), culinary water systems, main water lines, and utility lines as generally depicted on the plat of the GFA Subdivision Amended and filed in the Office of the Lincoln County Clerk, Lincoln County, Wyoming; and each lot is subject to the common usage of the main access roadway, main sewer line, utility lines, well, pump, and main water lines which use shall be maintained for the common use and benefit of the property owners of the previously described subdivision. GFA Subdivision C &R amended 4 -14 -12 Page 11 -13 2. Each property owner in the GFA Subdivision does hereby grant to all other property owners in the subdivision a continuing and perpetual easement for the purpose of access including ingress and egress on the main roadway across each lot only (which does not include driveways or turn around areas), utilities including water, sewer main line, power, telephone, and other utility lines as depicted on the above referred to plat, which easement shall be granted to each respective property owner for the purpose of their mutual benefit. All parties owning property in the subdivision desire to grant easements to each other allowing each party and their invitee's to access the main roadway and utility areas as depicted on the plat. 3. Each owner of Lots 1 -7 agrees to pay its assessed pro rata share of the operation and maintenance of the main access roadway and utility easements annually or at such other time as specified by the Homeowner's Committee and accepts this Covenant for Maintenance Assessment and Creation of lien and personal obligation for payment of the assessment. Any assessments approved by five (5) of the seven (7) voting members of the Homeowner's Committee for the benefit of the subdivision shall apply to all owners of Lots 1 -7. Each owner of Lots 1 -7 by acceptance of the deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Homeowner's Committee any assessments or charges that are levied by vote of at least five (5) of the seven (7) voting members of the Homeowner's Committee. In the event that the assessment is not paid, the Committee is authorized to initiate appropriate action to recover the same together with interest at the highest legal rate, costs and reasonable attorney's fees, and the same, including the assessment, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees shall be the personal obligation of the person who was the owner of the lot at the time when the assessment fell due. 4. Indemnification Each lot owner shall indemnify and hold the other lot owners harmless for any damage or injury, whether property or personal, to themselves, their families, or any third party whom any owner or party allows to use the above described roadways, utility easements, or Lot 8. This indemnification and hold harmless includes the expenses of reasonable attorney's fees, court costs, and any damages assessed against any party because of the use or maintenance of such areas by the other party. GFA Subdivision C &R amended 4 -14 -12 Page 12 -13 Bever 7 N. Gomm Susan L. Kertesz MoneyPark, LLC (Seth S. Gomm, Manager) STATE OF Uct1 COUNTY OF 060.7 The above foregoing instrument was subscribed and sworn to before me this 20 12- GFA Subdivision C &R amended 4 -14 -12 )ss. WITNESS my hand and official seal. vii .fir c. G-7011 WI 936004 Clam Wane, y; CI6)P91 j eion1i71 t G t4)m r 0. &vpl m 1 hL Lola B. Gomm ota NOTARY PUBLIC IRENE WERTHMANN Commission 576534 My Commission Expires November 15, 2012 STATE OF UTAH Page 13 -13 Dorene E. Gomm Tresa J. Welty blic day of 00588