HomeMy WebLinkAbout904494 FIRST AMENDMENT AND R~£T'~.WED1ENT OF
DECLARATIOlklt ~C~4~JVEtq X~S,O L E R K
9 0 h h 9~ ONDITIONS,
REST~
ICTIONS
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STAR VALLF.¥ RANCH RV PA~i
PLAT 1 - 2~ F~G (P~SE I - STAGE S) -- IS LOTS
PLAT 2 (P~SE H - STAGE I, -- ~4 LOTS
This is the First Amendment and Full Restatelnent 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"a Filing
(Phase I - Stage 5), recorded as Instrument No. 866579, and Star Valley Ranch RV Park Plat 2
(Phase II - Stage 1), recorded as Instrument No. 867-~!5 This First Amendment completely
supersedes, amends and fully restates the aforesaid original Declaration of Covenants, Conditions,
and Restrictions, such that tlfis 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.
WITNESSETII :~, ~, .~,,. RPAGt" 0206
. WHEREAS, Article VII of the aforesaid Declm'ation of Covenants, Conditions, and
Restrictions provides that the Developer may amend said Declaration at any time up until the latter
of(l) 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, the Developer now desires to completely amend, supersede and fully restate
the original Declaration of Covenants, Conditions, and Restrictions recorded on June 24, 2002,
such that this First Amendment shall replace, supersede and totally restate the aforesaid document,
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., a Nevada Corporation, hereby
amends, supersedes and restates the original Declaration of Covenants, Conditions, and
Restrictions, recorded on June 24, 2002, in Book 492 I"R, 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, such that these amended, superseded and totally restated Covenants, Conditions,
and Restrictions (hereinafter referred to as the"Declaration") now state in their entity as follows:
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 I~,V Park upon Relinquishment by the
Developer (defined below). If there are both Club Member:; and Lot Owners, then the 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.
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, &daring (1)
that the Star Valley Ranch RV Park has been fully and tinally 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. 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 Gwners and/or Club Members.
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K. Lot, RV Lot, and RV Park Lot means a Lot, together with the undivided share of
the Cormnon 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.
L. 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 ora LOt pursuant to a
long-term real estate installment contract, or having a life estate in a Lot, or having a leasehold
interest in a Lot pursuant to a 99-year lease.
M. Occupancy Assessment means any payment that any Lot Owner or Club Member
is required to pay by reason of the extended use or occupancy of a Lot as set forth herein.
N. Occupant means the person or persons in possession ora Lot.
0. 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 STATElVlENT
The undersigned, being the owner of record of the real property described in Exhibit "A"
attached hereto, hereby declares that said real property, toget her 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 fi)r 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
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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 l~ot 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 runwith 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 STA R VALLEY RANCH RV PARK in
Lincoln County, Wyoming.
The name by which this development is to be identified is:
STAR VALLEY RANCH RV PARK
IDENTIFICATION OF P l ,ATS
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 fi.om 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 differenl fi'om the original RV Park. The
Developer may make additional Lots, units, areas, Comae,on Areas, Limited Common Areas,
condominiums, developments or other real property or in':provements 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.
DEVELOPER'S 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 ~ Jnsold 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 h ave purchased such memberships
shall be entitled to utilize all Common Areas and recreatiomd fi~cilities 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.
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 lo time, within 21 years after the death
of the now living last surviving grandchild of Alden L. ~¢tewart, Nell Stewart (deceased) and
Harold P. 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 righ! s 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 fights, duties, mainte,mnce 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 tnay
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 milize 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
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090449
other or additional parks developed by the Developer, or with other park associations or dubs 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 trill 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 fight at any time to terminate its relationship with any or all other parks or
associations in such manner that Club Members of this RV ['ark will not thereafter be entitled to
utilize such other campsites or areas by reason of membership in Ibis RV Park, and Developer shall
not be liable to Club Members or Lot Owners by reason ~f s~lch a termination.
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 debm appropriate.
The Developer shall have the right to rent its Uns~31d 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 fi'om the Developer shall be entitled to
use the Common Areas and recreational facilities of the R V Park in the same manner and to the
same extent as the renters of a Lot from a Lot Owner, and lhe Developer shall have the right to
entitle such renters of Unsold Lots to the use of Unsold Lot s 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 rent ers of any Unsold Lot fi-om 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 fight at any time, anti fi'om 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 fights and authority as may be delegated by the Developer; provided
however, such fights and/or authority may be withdrawn by the Developer at any time, or fi'om
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 fi'om
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 fight, 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.
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0904494
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VOTING RIGHTS
Neither the Lot Owners or Club Members shall be ent i lied to voting rights as enumerated
in this Article VI until the Developer's Relinquishment of lhe 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
as aforesaid, then the members of the Association, including tile Developer, shall be entitled to
vote as hereinafter set forth.
Subject to the Developer's right to appoint six (6) Directors as hereinatler 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. Ifa 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 (including without limitation Occupancy Assessments)
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
fight 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 fight 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 o f tile 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 Pa rk to the Association, as defined herein.
Rather, such rights may be held by the Developer after tile 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).
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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 fi)r 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 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, ~11 of which he may cast for one Director, or he may cast
some for one or another in any way he chooses.
AMENDMENTS TO DECLARATION
This Declaration may be amended by the Developer at any time prior to the sale of four
hundred (400) Lots in the RV Park, with or without the consent of the Association, the Club
Members and/or the Lot Owners.
After the sale of four hundred (400) 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(l) 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 Alden L.
Stewart, Nell Stewart (deceased) and Harold P. Stewart;
(b) The Developer's power to make amendments to this Declaration after the sale of
four hundred (400) Lots in the RV Park, shall cease to exist at the latter of(l) the Completion of
the Development (as defined herein); or (2) the date of the Developer's Relinquishment 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 four hundred (400) Lots in the RV Park, this Declaration may also be
amended by an affirmative vote of not less than sixty-six and two/thirds percent (66-2/3%) 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, ifa 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
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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 fights 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 fights 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 Associalion or waived in order to constitute
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 m:ly be held by the Developer after the
Developer's Relinquishment of all and every portion of Deveh)per's right, title and interest in, and
fights and duties related to, the RV Park to the Association
Vino
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 Pa rk t o 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.
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 w~lidity or priority of any mortgage
covering any Lot or Common Area in the RV Park, or ,Milch would be inconsistent with this
Declaration.
Xo
ASSESSMENTS
The Developer may levy and collect a reasonable momhly or annual Assessment against
each Lot Owner and each Club Member (excluding the Developer), and an "Occupancy
Assessment" (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
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0904494 02 . 5
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 fights and duties, or any portion thereof, to the Association (hereinafter sometimes refen-ed
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 ot' operating and maintaining the RV
Park (i.e., the Common Expenses) as set forth above.
If the Developer transfers, relinquishes or assigns all or a portion of the Developer'S fights
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 (including without limitation Occupancy Assessments), as set forth in this
Declaration.
After the Developer's Relinquishment of any portion of tile RV Park to the Association,
then the Association shall be entitled to receive fi.om the Assessments levied and collected by the
Developer (or by the Association as provided herein) s,~ch 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 pcmion of the Assessments thereafter
remaining.
As herein provided, the Developer shall have tile 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[si") payable to the DeveloPer, or the
Developer may assign such fight to the Association. However, the Annual Assessments for the
calendar year 2005 (i.e., January 1, 2005 through December 31, 2005) shall be the sum of Four
Hundred Twenty Five Dollars ($425.00) for each Lot Owner or Club Member, as the case may
be. Unless otherwise required by the Developer or the Developer's Assignee, all Ammal
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. Mc, reover, at the beginning of the calendar
year 2006 (i.e., January 1, 2006 through December 31, 2006) and at the beginning of each and
every calendar year thereafter, the maximum Annual Asses~;ment 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.
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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 newvoted maximum Annual Assessments establi shed by the Lot Owners and/or
Club Members as hereinabove set forth, may be increased by the Developer or 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 (5 I%) 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 (inclmting without limitation, Annual
Assessments and Occupancy Assessments) relating to the RV Park (including Common Areas or
Unsold Lots), nor any costs, expenses, or Assessments l'clating 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 fi.om Developer,
or any persons or entities using portioag of the RV Parl.: on a reciprocal basis, as provided by
Article V of this Declaration.
OCCUPANCY ASSESSM i~NTS
Beginningwith the calendaryear 2005 (i.e., JanuaW 1,2005, through December 31, 2005),
and for each and every calendar year thereafter, the Developer or the Developer's Assignee, may
assess an annual Occupancy Assessment against the Lot Owner of each Lot (excluding the
Developer) that was occupied and/or used for a period ofF. ight (8) weeks or more (or for periods
totaling Eight [8] weeks or more) during the applicable calendar year. Unless otherwise required
by the Developer or the Developer's Assignee, all Oc~;upancy Assessments for a particular
calendar year shall be due and payable in arrears on the first day of the next succeeding calendar
year. For example, Occupancy Assessments relating to I~ots that were occupied for more than
Eight (8) weeks during the calendar year 2005 (i.e., January 1,2005, through December 31, 2005)
would become due and payable on January 1, 2006. The proceeds fi.om the Occupancy
Assessments may be used to pay the Common Expenses of operating and maintaining the RV
Park. 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 thc Association (hereinat~er sometimes
referred to as the "Association" or as the "Developer's Assignee"), and the Association shall
assume such rights and duties fi.om the Developer (which may include without limitation, an
assignment of the duty to levy and collect the foregoing Occupancy Assessments against each Lot
Owner obligated to pay such Occupancy Assessments). This Occupancy Assessment is separate
fi.om and in addition to any other Assessments or charges that may be assessed by the Developer
and/or the Association.
11
As provided herein, the Developer shall have the power to fix and determine, from time
to time, the amount of the Occupancy Assessments to be paid by the applicable Lot Owners, or
the Developer may assign such fight to the Association. I lowever, the Occupancy Assessment
for the calendar year 2005 (i.e., lanuary 1, 2005, through December 31, 2005) shall be the sum
of$150, and shall be due and payable in arrears on January l, 2006. Except as otherwise provided
herein, beginning with the calendar year 2006 (i.e., January I, 2006, through December 31,2006),
and each and every calendar year thereafter, the amount of the Occupancy Assessment 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 Occupancy Assessment for the prior year.
Notwithstanding the provisions set forth above, lite Occupancy Assessments may be
increased to an amount greater than the maximum Occupancy Assessment 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%) ot'the Lot Owners present in person
or by proxy, and further provided that ifm6re 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 Occupancy
Assessments established by the Lot Owners as hereinabave set forth (hereinafter the "Voted
Maximum Occupancy Assessment[s]"), 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 lhr lhcr 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 Occupancy Assessments 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 Occupancy
Assessments and Annual Assessments actually collected and ihe costs and expenses of operating
and maintaining the RV Park (i.e., the Common Expenses) as set forth herein.
COLLECTION RIGHTS AND RISMEDIES
Unless otherwise required by the Developer (or the Association, if applicable), all Annual
Assessments shall be due and payable in advance on the firs~ day of January of each and every
calendar year, and all Occupancy Assessments for a particular calendar year shall be due and
payable in arrears on the first day of January of the next s,cceeding calendar year (for example,
Annual Assessments for the calendar year 2005 will be d,e and payable on January 1, 2005, and
Occupancy Assessments for extended use or occupancy of a Lot during the calendar year 2005
will be due and payable on January 1, 2006). All other financial obligations and common expenses
which are owing to the Developer or the Association by lhe l~ot Owners and/or Club Members,
pursuant to this Declaration, shall be due and payable in a time and manner reasonably required
by the Developer or the Association, whichever may be applicable. The Annual Assessments,
Occupancy Assessments, 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
12
09044:94
0o18
behalf ora Lot Owner or Club Member, or sums wlfich 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
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 Twelve Percent (12%) per annum, or the highest interest
rate that a judgment bears in the State of Wyoming, whicl,ever 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 o1' tbreclosure 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 entilled 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 lmst 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
13
Association, if applicab!e) 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.
The Developer (or the Association, if applicable) shall have the right, in lieu of foreclosure,
if it deems it prudent, to take possession ora Lot encumbered by an Assessment Lien and offer
the same for rental. The Developer (or the Association, if a p p licable) shall credit one-half QA) 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(V2) 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 rehtted
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 lawfid 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.
PROVISIONS RELAT1NG 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.
14
b. No renters may be permanent residents or be locally employed.
c. Customary household pets are permitted by renters (except on Lots 2
through 6 and Lots 8 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 pemfitt cd, 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 Off]ce shall establish and collect a
standard rental fi.om all renters, and retain a predetermined percentage, and credit the remainder
to the Lot Owner.
Renters will be required to pay a guest green fee to use the RV Park golf
course.
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 tmtil there shall have been paid to the
Developer by the buyer a transfer fee in an amount determined by the Developer, which amount
shall not exceed Two Hundred Fifty Dollars ($250.00) or 2% of the gross sales price related to
such transfer, whichever is greater, 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 satisl'y 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 ~o the Developer or the Association.
Except as otherwise provided herein, no buyer ora 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.
INSURANCE PROVI SI O N S
15
A. LIABILITY INSURANCE
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 Malicio~ ~s 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, inch~ding 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 purclta.,;ed 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.
XVo
USE AND OCCUPANCY
16
0904494 O e2
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 prin.cipal camping facilit, y, main
camping facility, camping facility, facility, Park Model. recreational v.ehicle, 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 I,ot 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 shall 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 I~ot Owner. Each storage shed shall
not be more than ten (10) feet wide, twelve (12) feet long, and eight (8) feet six (6) inches high,
and not less than six (6) feet wide, eight (8) feet long, and six (6) 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 soMy attached to a recreational vehicle is
permitted provided the slide-out awning itself is not more than eighteen (18) feet in width, and
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 st mctures 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 ex'lendable enclosures attached
thereto) shall be of such exterior material and design ag that customarily used by recognized
manufacturers of such vehicles.
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 fi~cility and not be bolt-ons, except for
17
0904494
Park Model units which have tip-outs permanently attached. Any extension to the main camping
facility must be on the oPposite side from the patio.
g. Skirting of the principal camping facility is permitted, but such skirting shall
be limited to conventional metallic skirting ora 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 ill 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 ofrecrcal ional vehicles in the park, so-called
"Park Model" units of less than 400 square feet are permitl cd ill tile RV Park; provided, however,
that any Park Model unit must conform to the design, n',;derials, specifications, and method of
construction specified by the Developer, and no Park Modcl trait may be more than ten (10) years
old unless otherwise specifically approved by the Developer.
k. Ramada roofs, cabanas, permanct~lly 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 tmi ts, provided the "Arizona Room" is
attached to the Park Model and is approved by the Developer. No add-on rooms or "Arizona
Rooms" are permitted to be used with "recreational vehicles" on the RV Park. Planter boxes, stub
walls, solid partitions or trellises are permitted provided lhey 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.
(4) They are not placed beyond the fi'ont 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 (30) inches in height.
18
t0224
k-2. Written construction permits authorized by the Developer shall be required
for any new construction authorized herein, together wilh written approval of the finished
installation.
k-3. Anything to the contrary.notwith.~tanding, permanent snow roofs over
camping facilities may be constructed provided that the design, materials, methods of construction
and color are approved in writing by the Developer, or the design, materials, method of
construction and color conform to a model constructed and approved by the Developer.
k-4. 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 re~,te(l; 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 mtached awning, or to the side or comer
of the principal camping facility or storage shed. Free standing antennas are not 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 ~neans of transportation, it may be a truck
camper, motor home or other such camping/travel unit. In eit her instance the parked vehicle must
be located directly in front of the principal camping facility within the Lot boundary line. On
comer Lots, in addition to the principal camping fhcility~ two (2) additional vehicles may be
parked, one on either driveway if constructed for that purpose and within the Lot boundary line.
Motorcycles, bicycles and golf carts are not restricted by Ihis regulation. In the aboVe context
"additional vehicle" means passenger car, pickup truck, b(~at, 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 wilh the principal camping facility unless
it is the only means of transportation, and then it must be l,,-ked 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.
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:
19
0:9044:94
(1) All household pets must be registered with the main office within the first
week after coming to the RV Park. Said pets will receive a numbered tag, the cost of which shall
be paid by the pet owner.
(2) [Intentionally Omitted].
(3) 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.
(4) Pets must be restrained and/Or cont rolled by a leash no longer than five (5)
feet when walking on Common Areas.
(5) Pets shall never be allowed to run loose at any time, day or night, unless
in a designated pet exercise area if one is established.
(6) Pets shall not be allowed in or on areas intended for recreational purposes.
(7)
of the flag pole.
Pets shall not be allowed on the area at the front entrance nor in the area
grounds.
(8)
Pets shall not be permitted in or arotmd the Administration Building or its
(9) Dog dung shall not be buried at any lime It must be placed in a proper
container for waste disposal.
(10) Pet droppings (dung) must be picke,:l up by pet owners and placed in proper
containers for waste or as provided in a pet exercise areats).
(11) If the Developer or its representative determines that a pet or pets are
barking or howling or otherwise disturbing the occupants o1' lhe park to an unreasonable degree
in any manner, then such pet or pets shall not be allowed lo remain in the park.
p. An irregular easement ten (10) feet in width is reserved in and across all
Lots in the RV Park for the installation and maintenance ol' utility services, and it is understood
that such easement may be used by the Developer and/or i~ s assigns for installation and perpetual
maintenance of utility services.
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
20
0904494
and proper use of the property by its residents. All parts ot' each Lot shall be kept in a clean and
sanitary condition, 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 fight 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 on individual principal camping facilities, awnings thereof,
sheds, or Lots.
v. Fireplaces and grills may be placed or erected on Lots only with the
approval of the Developer first having been obtained. 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 thcility shall be placed on a Lot of 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 t:acility, and said facility shall thereafter
be inspected and approved annually as to condition.
w. No motorcycles, three-wheel vehicles, four-wheel all terrain vehicles, or
dune buggies may be driven in the RV Park unless they are st feet legal and the noise level thereof
is acceptable to the Developer or its representative.
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 sucl~ t'ees shall be paid to the Association.
All guests of Lot Owners or Club Members will pay green lees to the Developer. Two adult
21
0904494
0'227
Owners of each Lot or Club Membership will be entitled to play on the golf course without gq-een
fees, together with any of their children under 21 years o£ 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. [Intentionally Omitted].
z-2. 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-3. 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 covc~la m's running with the land, and shall
bind all Club Members and the purchasers of any Lots in the ltV 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 d~fing 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 ot her 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 addition al restrictions on existing or future plats
developed in the Star Valley Ranch RV Park.
3. No Lot Owner or Club Member or renter o l'a Lot shall permit or suffer anytlfing
to be done or kept in or on his Lot or the Lot he is using if he is a Club Member or renter ora Lot,
which will increase the rate of insurance on the RV Park property, or which will obstruct or
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 wi th s.ch rules and regulations pertaining
thereto as from time to time may be promulgated by the Developer or the Association.
22
02o
,...8
MAINTEN~CE AND A ' ~
Lq I. RATIONS
A. The Developer may enter into a contract wilh any firm, person, or corporation,
including the Developer, for the maintenance and repair o ?lhe Common Areas and Unsold Lots,
and for the security of the RV Park.
B. The Developer may enter into a contract wi l h the owners of any public utility for
the furnishing of such public services. The Developer may, fi'om time to time, enter into long term
leases for the use of such public service utilities or may purchase tile same outright, and thereat~er
the said facility will become a part of the Common Area facilities.
C. There shall be no material alterations or subs~ antial 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 addilions shall be assessed as Common
Expenses. Where any alterations or additions, as aforedescribed, are exclusively or substantially
exclusively for the benefit of the Lot Owner(s) 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.
MISCELLANEOUS PROVI S 10NS
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.
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 stone,
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.
23
0904494
.0229
D, At such time as a deed to a Lot is recorded, l,incoln 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 Corm ty 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 righl oF adjustment against any other Lot
Owner on account of any deviation by the taxing authorilies t'or 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 ~hi:; Declaration. The total of all of said
percentages equals 100% of the value of all of the land and improvements as established and
amended fi'om time to time pursuant to this Declaration.
E. The Owners of Lots and Club Members sl~all 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. Owners of Lots and Club Members shall have the fight to occupy the Lots only
between May 1 and October 31 of each year unless the appropriate governmental agency or
authority and the Developer determine otherwise.
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 fight to control marl reslrict the usage of said golf course
by Lot Owners, Club Members and their guests and to ch~m3e an Assessment or fees for its use;
and the Developer's business invitees and guests shall be entilled to utilize said golf course without
charge until such time as the latter of (1) the Complelion 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 fight 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 Associat ion, 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.
24
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 au 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 remal 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 fight to convey the same to the Association and the
Association shall be obligated to thereat~er maintain said facilities at its own expense. The
Developer shall be entitled to utilize all of said facilities tbr 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 port ion 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
jurisdiction over the same. If the sewage lagoons and sewage thcilities 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 tile 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 tile 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~
25
0904494
0231
L. Whenever notices are required to be sent hcrcunder, 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, wil h 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 Associ. ation shall be given by the affidavit of the person
mailing or personally delivering said notices. Notices to lhe 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 lo 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 o?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.
0. 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 circumslances 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.
Q. Every Owner, occupant or lessee ora Lot or a Club Membership, whether he has
acquired his ownership or interest by purchase, girl, 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 hereol' 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/)ark
(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 f'~cveloper's Relinquishment.
26
0:9044B4
T. To the extent that any right, duty or interest herein may otherwise violate the rule
against perpetuities, then in that event, such fight, duty or interest shall permanently vest in the
person or entity then holding such fight, duty or interest twenty-one years after the death of the
now living last surviving grandchild of Alden L. Stewart, Nell Stewart (deceased) or Harold P.
Stewart.
IN WlTNESS WHEREOF, LEISURE VAL, LEY, IN ~., a Nevadat:orporation, has caused
this Declaration to be signed in its name this [~-t- day of i. \[.(:~?t.t~_~q , 2004..
LEISU P,E VALLEY, INC.,
a Nevada Corporation
By: '!'/ ~~' .~~/,7~_.~
, Itarold P. Stewart, President
STATE OF WYOMING )
COUNTY OF LINCOLN )
On this 1'e~t- day of J~\tgl~ ~t_ [J~J'x _, 2004, before me, the undersigned, a Notary
Public in and for said County and State, personally appeared HAROLD P. 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.
Notary Public in and for said
County and State
27
0904494
EXHIBIT "A"
PROPERTY DESCRIPTION
'0033
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.
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. '
EXHmIT "A"
28