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HomeMy WebLinkAbout904495057'" '": ~:'c F C: E W E D SIXTH AMENDMENT AND RES,.T(,4TI~N~,~OF CLERK 9 ~}~51~)~NS, AND RESTRICT10~ p?] 1,9.: 06 STAR VALLEY RANCH RV PARK (PLAT 1) This is a Sixth Amendment to and a Full Restatement of the Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park (Plat 1 ), (hereinafter referred to as the "Star Valley Ranch RV Park"), dated OctoSer 28, 1982, and recorded on January 5, 1983, in Book 195PR as Instrument No. 589523, pages 718 through 740, in the Official Records of Lincoln County, Wyoming. This Sixth Amendment or' and Restatement to the aforesaid Covenants, Conditions, and Restrictions completely supersedes, amends and fully restates the aforesaid original Declaration of Covenants, Conditions, and Restrictions, and all previous amendments thereto, such that this document contains the entire updated and restated Declaration of Covenants, Conditions, and Restrictions for the Star Valley Ranch RV Park, which is described on Exhibit "A" attached hereto and made a part hereof by ~his reference. WITNESSETH WHEREAS, Article VII of the aforesaid Declaration of Covenants, Conditions, and Restrictions, as amended, provides that the Developer may a mend said Declaration at any time up until the latter of (1) the date of Developer's Relinquishment of all and every portion of Developer's right, title and interest in, and the fights and duties related to the RV Park to the Association, or (2) the date of the Completion of the Development, as defined therein, neither of which has occurred; and WHEREAS, after the recording of the original Declaration of Covenants, Conditions, and Restrictions on January 5, 1983, as set forth above, the Developer recorded a First Amendment to Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park, which First Amendment was dated April 5, 1983, and was thereafter recorded on April 6, 1983, in Book 199PR as Instrument No. 594869, pages 653 through 658, which First Amendment amended the original Declaration of Covenants, Conditions, and Restrictions dated October 28, 1982, and recorded on January 5, 1983; and WHEREAS, the Developer again amended the original Declaration of Covenants, Conditions, and Restrictions recorded on January 5, 19§3, as set forth above, by recording a Second Amendment to Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park, which Second Amendment was dated April 28, 1983, and was thereafter recorded on May 3, 1983, in Book 200PR as Instrument No. 596422, pages 582 through 587, which Second Amendment completely superseded the First Amendment to Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park, recorded on April 6, 1983, as set forth above; and 1 WHEREAS, the Developer again amended the original Declaration of Covenants, Conditions, and Restrictions recorded on January 5, 1983, as set forth above, by recording a Third Amendment to Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park, which Third Amendment was dated October 26, 1989, and was thereafter recorded on November 27, 1989, in Book 280PR as Instrument'No. 710906, pages 503 through 509, which Third Amendment amended Paragraph 5 of the Second Amendment to Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park, recorded May 3, 1983, as set forth above; and WHEREAS, the Developer again amended thc original Declaration of Covenants, Conditions, and Restrictions recorded on lanuary 5, 19~3, as set forth above, and all prior amendments thereto, by recording a Fourth Amendment to Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park, which Fourth Amendment was dated June 10, 1991, and was thereafter recorded on June 25, 1991, in Book 298PR as Instrument No. 734429, pages 110 through 142, which Fourth Amendment completely amended, superseded and restated the original Declaration of Covenants, Conditions, and Restrictions, together with the First, Second, and Third Amendments thereto, such that said Fore'th Amendment contained all applicable Covenants, Conditions, and Restrictions pertaining to the Star Valley Ranch RV Park; and WHEREAS, the Developer again amended and restated the original Declaration of Covenants, Conditions, and Restrictions recorded on Jam tory 5, 1983, as set forth above, and all prior amendments thereto, by recording a Fifth Amendment to Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park, which Fifth Amendment was dated October I0, 1994d and was thereafter recorded on October 18, 1994, in Book 358PR as Instrument No. 794483, pages 815 through 850, which Fi l'th Amendment completely amended, superseded and restated the original Declaration of Covenants, Conditions, and Restrictions, together with the First, Second, Third and Fourth Amendments thereto, such that said Fifth Amendment contained all applicable Covenants, Conditions, and Restrictions pertaining to the Star Valley Ranch RV Park; and WHEREAS, the Developer now desires to again completely amend, supersede and restate the original Declaration of Covenants, Conditions, and Restrictions recorded January 5, 1983, as amended by the First Amendment to Declaration of Covenants, Conditions, and Restrictions recorded April 6, 1983, as further amended by the Second Amendment to Declaration of Covenants, Conditions, and Restrictions recorded May 3, 1983, as further amended by the Third Amendment to Declaration of Covenants, Conditions, and Restrictions recorded November 27, 1989, as further amended, superseded and restated by the Fourth Amendment to Declaration of Covenants, Conditions, and Restrictions recorded June 25, 1991, and as further amended, superseded and restated by the 'Fifth Amendment to Declaration of Covenants, Conditions, and Restrictions recorded October 18, 1994, such that this Sixth Amendment shall amend, supersede, replace and totally restate all of the aforesaid documents and shall contain all applicable Covenants, Conditions, and Restrictions pertaining to the St ar Valley Ranch RV Park in this single document, being the Sixth Amendment and Restatement ofl)eclaration of Covenants, Conditions, and Restrictions of the Star Valley Ranch RV Park. 0904495 ,;3 6 NOW, THEREFORE, the Developer, LEISURE VA I ,! ,EY, INC., a Nevada corporation, hereby amends, supersedes and totally restates the original Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park dated October 28, 1982, recorded on January 5, 1983, in Book 195PR as Instrument No. 589523, pages 718 through 740, as amended by the First Amendment to Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park dated April 5, 1983, recorded April 6, 1983, in Book 199PR as Instrument No. 594869, pages 653 through 658, as further amended by the Second Amendment to Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park dated April 28, 1983, recorded May 3, 1983 in Book 200PR as instrument No. 596422, pages 582 through 587, as further amended by the Third Amendment to Declaraiion of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park dated October 26, 1989, recorded November 27, 1989, in Book 280PR as Instrument No. 710906, pages 503 through 509, as further amended, completely superseded and restated by the Fourth Amendment to Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch RV Park dated June 10, 1991, recorded June 25, 1991, in Book 298PR as Instrument No. 734429, pages 110 through 142, and as further amended, completely superseded and restated by 'the Fillh Amendment to Declaration of Covenants, Conditions, and Restrictions of Star Valley Ranch P,V Park dated October 10, 1994, recorded on October 18, 1994, in Book 358PR as Instrument No. 794483, pages 815 through 850. The aforesaid Declaration of Covenants, Conditions, and Restrictions, as amended by Amendments One through Five, shall be and the same hereby is amended, completely superseded and restated in its entirety to state 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 RV Park upon Relinquishment by the Developer (defined below)J If there are both Club Members and Lot Owners, then the Association shall be comprised of both Lot Owners and Club Members. lfthere 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. 0 044 5 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 fight to utilize RV Park spaces and/or Lots for overnight stays and (2) requires the payment of Assessments. F. Common Areas means the portiqns' of the RV Park not included in the Lots. G. Completion of the Development means tile date when the Developer records a Declaration of Completion with the County Recorder of Lincoln County, Wyoming, declaring (1) that the Star Valley Ranch RV Park has been fully and 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, II'lC., a Nevada Corporation (Successor in interest to Star Valley Ranch RV Park, a Limited Parl nership), and its successors or assigns. J. Limited Common Areas means those Corm non Areas which are reserved, or which may from time to time be designated by Develop er, for t h e u s e o f certain Owners of Lots and/or certain Club Members, to the exclusion of all other Lot Owners and/or Club Members. K. Lot., RV LOt, and RV Park Lot means a Lot, together with the undivided share of the Common Areas, on a plat now or hereafter recorded as part ofthe Star Valley Ranch RV Park which is subject to ownership in fee. The foregoing to,ms include the land of a Lot, all improvements thereon, and all easements and fights appurtenant thereto. L. Lot Owner and Owner of a Lot mean the t',erson, persons, or entity, including the Developer, having fee ownership of a Lot, or having eqtmable ownership of a Lot pursuant to a long-term real estate installment contract, or having a lifi~ 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 occn pancy of a Lot as set forth herein. N. Occupant means the person or persons in possession of a 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 fights and/or duties related to the RV Park (including 4 without limitation, the maintenance responsibilities related to the Common Areas and/or the Unsold Lots) to the Association. P. RV Park, RVPark Property, Star Valley Ranch RV Park (Plat 1), 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 herealler 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. SUBMISSION STATEMENT The undersigned, being the owner of record of the real property described in Exhibit "A" attached hereto, hereby declares that said real property, ~oget her with the improvements thereon, shall be held, conveyed, hypothecated, encumbered, lea.,:ed, 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 l'or the division, improvement and sale of the RV Park and is established for the purpose of enhancing and perfecting the value, desirability and attractiveness of the RV Park, and every part thereof. All of this Declaration shall run with all Lots, parcels, plats, Common Areas, Limited Common Areas, condominiums, and other real property and improvements in the RV Park for all purposes and shall be binding upon and inure to the benefit of Developer, the Association a nd nll Lot Owners and Club Members, and their successors and assigns. Any and all covenants, conditions, restrictions, reservations, rights and duties set forth herein are hereby declared to run with the land and are declared to be attached to and part of the title and ownership of each Lot in each plat of the RV Park and any other additional plat or plats hereafter recorded as part of the STAR VALLEY RANCH RV PARK in Lincoln County, Wyoming. mo The name by which this development is to be identified is: STAR VALLEY RANCH ltV PARK IV. IDENT~ICATION OF PI,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 0904495 .... 023 9 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 ihe Develo per to develop any number of Lots, nor preclude the Developer from developing or including a ny Lot s, areas, Common Areas, Limited Common Areas, condominiums, units, or other developments or other real property or improvements as a part of the RV Park that are different fi'om the original RV Park. The Developer may make additional Lots, units, areas, Common Areas, Limited Common Areas, condominiums, developments or other real property or improvements a part of the original Star Valley Ranch RV Park development and may allow or req~fire 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 fl~e Association. DEVELOPER'S RIGI-ITS 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 obse,'ved by Club Members as well as Lot Owners. The Developer shall have the right to sell and/o~- convey club memberships entitling purchasers thereof(i.e., the Club Members) to the use of Unsold Lots in the RV Park upon such terms and conditions as the Developer in its sole discrelion may deem appropriate. Unless otherwise limited by the Developer, the persons or entities who have purchased such memberships shall be entitled to utilize all Common Areas and recreational lhcilities 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~he rights, duties and interests of the Developer that are established by this Declaration are assignable to the Association. The Developer shall have the fight at any time, and from time m time, within 21 years of[er the death of the now living last surviving grandchild of Alden L. ,qtewart, 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 bythe Developer (including without limitation, the Common Areas and/or the Unsold Lots, or any part thereof, the water systems or any part thereof, the streets or any part thereof, the sewer systems or any part thereof, and/or the recreational facilities or any part thereof), and/or all or any portion of the Developer°s rights and/or duties related to the RV Park (including without limitation, the maintenance responsibilit i es relat ed 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 6 0904495 shall thereafter be relieved of all such rights, duties, maintenance responsibilities, Common Areas, Unsold Lots, systems and portions of the RV Park so trans£erred and relinquished. After the Developer's Relinquishment to the Association of any or all of the Developer's fights, 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 fights, duties and/or interests so transferred and relinquished. The Developer shall have the right to organize the Association, or the Developer may delegate the responsibility to organize the Association to the Lot Owners and/or the Club Members. The Association shall be comprised of the Lot Owners and Club Members, or if there are only Club Members or Lot Owners, then the Association shall be comprised of the Club Members or Lot Owners. The Association shall he 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 trans£er shall be made subject to the rights of the Lot Owners and the Club Members to continue to utilize the Common Areas. Nothing contained in this Declaration shall require tile 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 ol'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 writt en 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 fight to ent er into contracts or agreements with other or additional parks developed by the Developer, or wit h other park associations or clubs not organized by the Developer, on terms and conditions agreed u pon by the Developer, whereby Club Members of the Star Valley Ranch RV Park will be entitled to utilize other parks in other areas on a reciprocal basis, and such members of other parks will be entitled to utilize the facilities, Common Areas, and Unsold Lots of the Star Valley Ranch I~V Park on a limited basis. Developer shall have the right at any time to terminate its relationship with any or all other parks or associations in such manner that Club Members of this RV Park will not thereafter be entitled to utilize such other campsites or areas by reason of membership in this RV Park, and Developer shall not be liable to Club Members or Lot Owners by reason oF such a termination. 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 discretiori, 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 facilil les in the RV Park in the same manner and to the same extent as Lot Owners, and the Developer shall have the right to entitle such purchasers to the use of Unsold Lots in the RV Park upon such terms and conditions as the Developer, in its sole discretion, may deem appropriate. The Developer shall have the right to rent its Unsold Lots to such persons or entities as the Developer, in its sole discretion, may deem appropriate. Unless otherwise limited by the 7 0904495 Developer, all persons or entities who rent an Unsold Lot fi'om thc Developer shall be entitled to use the Common Areas and recreational facilities of the RV Park in the same manner and to the same extent as the renters ora Lot from a Lot Owner, and ~l~e Developer shall have the right to entitle such renters of Unsold Lots to the use of Unsold Lois 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 lh¢ renters 0fany Unsold Lot from the Developer shall be required to pay any Assessments in connection with the use, ownership, or rental of any Unsold Lot or the undivided share of the Common Areas associated therewith. The Developer shall have the right at any time, and 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 Devel~per set forth in this Declaration. Each committee shall have such rights and authority as may be delegated by the Developer; provided however, such rights and/or authority may be withdrawn by the Developer at any time, or from time to time, at the Developer's sole discretion. The Developer shall have the power to appoint the members of each committee or to direct how such members will be selected, and the Developer shall also have the right to remove or replace any member(s) of any committee(s) without cause, and/or to appoint such new or additional member(s) as the Developer may from time to time deem appropriate. Unless otherwise required by the Developer, a decision of the majority of all members of any committee formed pursmmt to this paragraph shall constitute a decision of the committee; provided however, the Dew, loper shall have the right, in its sole discretion, to overrule the decision of the majority' of lhe 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. VOTING RIGHT Neither the Lot Owners or Club Members shall be ~mlitled to voting rights as enumerated in this Article VI until the Developer's Relinquishment of the RV Park, or any portion thereof, to the AssoCiation. After the Developer's Relinquishment of all or a port ion of the RV Park to the Association as aforesaid, then the members of the Association, including the Developer, shall be entitled to vote as hereinafter set forth. Subject to the Developer's right to appoint six ((,) Directors as hereinafter set forth, the Owner of each Lot, including the Developer, will be entitled to one (1) vote for each Lot owned, and each Club Member will be entitled to one (1) vote tbr 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 I~ot or club membership is owned by more than one (1) person or entity, the owners of said Lot or club membership shall designate one 0 044 5 . 02' 4 2 of them as a "Voting Member." The designation of the Voling Member shall be provided for by, and subject to, the provisions and restrictions set forth in thc By-laws of the Association. The Owner of a Lot or a club membership shall aot be entitled to vote if such Owner is delinquent in the payment of Assessments (including withot~t 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 notwi~l~standing, 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 ot'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 fight to remove any of the six (6) Directors appointed by the Developer and replace said Directors from time to time without cause. The fights of the Developer to appoint six (6) of the nine (9) Directors of the Association may only be waived by the Developer in writing. The rights of the Developer to appoint six (6) of the nine (9) Directors of the Association is not assignable to the Association and need not be waived or assigned to the Association in order to constitute a full and complete "Relinquishment by the Developer" of the RV Pa rk to the Association, as defined herein. Rather, such rights may be held by the Developer after the Developer's Relinquishment of all and every portion of the RV Park to the Association (up until ~ihe Completion of the Development, as provided hereinabove). The Articles of Incorporation of the Association s h all 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 s(mae for one (1) and some for another Director, in any way he chooses. On the other hand, if only three (3) Directors are to be elected, (e.g., prior to the Completion of the Development, each Lot Owner or Club Member would be entitled to only three (3) voting shares, all of which he may cast for one Director, or he may cast some for one or another in any way he chooses. AMENDMENTS TO DECLA RATION 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. 0 04495 024 3 After the sale of four hundred (400) Lots in the RV Park, the Developer shall have and hereby reserves the fight 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 portioa of Developer's fight, title and interest in, and fights 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 fight 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, Neil Stewart (deceased) and Harold P. Stewart; (b) The Developer's power to make amendment s to this Declaration after the sale of four hundred (400) Lots in the RV Park, shall cease to exi~;t 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 fight, 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 ltv Park, this Declaration may also be amended by an affirmative vote of not less than sixty-six ami two/thirds percent (66-2/3%) of all Lot Owners and Club Members of the Association, or if nc, 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 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 fight, 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 lhe written consent of the Developer. The rights of the Developer contained in this Article VII may not be transferred or assigned by the Developer to the Association, and may only be waived by the Developer in writing, but need not be transferred or assigned to the Association or waived in order to constitute a full and complete "Relinquishment by the Developer" o1' the RV Park to the Association (as defined herein). Rather, the fights provided in this Article may be held by the Developer after the Developer's Relinquishment of all and every portion of Develo pet's fight, title and interest in, and rights and duties related to, the RV Park to the Association. THE OPERATING ENTITY The Developer is responsible for the operation of the P,V Park and the maintenance of that portion of the RV Park owned by the Developer (including wilhout limitation the Common Areas) until the Developer's Relinquishment of these fights and duties to the Association. After the Developer's Relinquishment of all or any portion of the RV Park to the Association, the Developer shall be relieved of the responsibility to maintain and govern the operation of that portion of the 10 0904495 0244 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 lbr therein, but no amendment to said Bylaws shall be adopted which would affect or impair the validity or priority of any mortgage covering any Lot or Common Area in the RV Park, or which would be inconsistent with this Declaration. Xo ASSESSMENTS The Developer may levy and collect a reasonable monthly or annual Assessment against each Lot Owner and each Club Member (excluding the Developer), and an "Occupancy Assessment" (as hereinafter defined and described in ^rticle 3fl), to pay the actual cost and expenses of operating and maintaining the RV Park, including without limitation, the costs and expenses of the Common Areas and Unsold Lots, together with the facilities thereon; the costs and expenses of providing water, electricity, garbage disposal service and sewage service; and the costs and expenses incurred by the Developer in carrying out its duties hereunder (hereinafter referred to as the "Common Expenses"), or the Developer may transfer, relinquish and assign such rights and duties, or any portion thereof, to the Association (hereinafter sometimes referred to as the "Association" or as the "Developer's Assignee"); provided, however, that the Developer shall not at any time be liable to pay any deficiency or difference between the amount of Assessments collected and the actual cost and expense of operating and maintaining the RV Park (i.e., the Common Expenses) as set forth above. If the Developer transfers, relinquishes or assigns all or a portion of the Developer's rights and/or duties to levy or collect Assessments to the Association, the Association shall assume such rights and duties from the Developer (which may include, without limitation, the duty to levy and collect the foregoing Assessments against each Lot Owner (other than the Developer) and each Club Member (in an amount set by the Developer); provided, however, after the Developer's Relinquishment of all and every portion of Developer's right, title and interest in, and rights and duties related to the RV Park to the Association, the Association shall be entitled to collect all Assessments (including without limitation Occupancy Assessments), as set forth in this Declaration. After the Developer's Relinquishment of any portion of the RV Park to the Association, then the Association shall be entitled to receive from the Assessments levied and collected by the Developer (or by the Association as provided herein) such amounts as the Developer deems 0904495 024.5 necessary for the Association to perform the duties relinquished. The Developer will be entitled to any remaining. and/or maintenance responsibilities so portion of the Assessments thereafter As herein provided, the Developer shall have the power to fix and determine, from time to time, the monthly or annual Assessments per Lot Owner or per Club Member (hereinafter sometimes referred to as the "Annual Assessment[s]") payable to the Developer, or the Developer may assign such right to the Association. However, the Annu al 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 Annual Assessments shall be due and payable in advance on the first day of January of each and every calendaryearforwhichtheAnnualAssessments apply. Moreover, at the beginning ofthe 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 Assessment that may be assessed against each Lot Owner and/or Club Member may be increased by the Developer (or if the Developer has assigned and relinquished to the Association the Developer' s right to fix and determine the amount of the Annual Assessment, then by the Directors of the Association), by the actual percentage increase in the Common Expenses of the immediately preceding calendar year (the "Prior Year") over the Common Expenses for the calendar year prior Ihercto, or by an amount equal to Five Percent (5%) of the Common Expenses for the Prior Year, whichever is greater, but not to exceed Ten Percent (10%) of the Common Expenses for the Prior Year. Notwithstanding the provisions set forth above, the Annual Assessments may be increased to an amount greater than the amounts set forth in the preceding paragraph, by a vote of the Lot Owners and/or Club Members, provided that any such change shall have the consent of Fifty One Percent (51%) of the vote of such Lot Owners and/or Club Members present in person or by proxy, and further provided that if more than One (1) person or entity owns a Lot or Club Membership, only One (1) of such owner shall be e~titled to vote per Lot or per Club Membership. The new voted maximum Annual Assessmem s established bythe 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 (51%) of the Lot Owners. The Developer or the Developer's Assignee, shall never at any time be liable in any amounts for any expenses, costs or Assessments (including without limitation, Annual Assessments and Occupancy Assessments) relating to the RV Park (including Common Areas or Unsold Lots), nor any costs, expenses, or Assessments relating to the use of Unsold Lots (as defined above), Common Areas or recreational facilities by the Developer's business invitees and guests for any business promotional activities, nor any costs, expenses or Assessments relating to the use of Unsold Lots, Common Areas or recreational thcilities by any Owners of Temporary Club Memberships or Limited Club Memberships, or any renters of Unsold Lots from Developer, or any persons or entities using portions of the RV Park on a reciprocal basis, as provided by Article V of this Declaration. 12 0 -,4 6 OCCUPANCY ASSESSMENTS Beginning with the calendar year 2005 (i.e., January 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 of!~2ight (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 Occt~pancy 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 Lots 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 from the Occupancy Assessments may be used to pay the Common Expense~ 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 fights and/or duties, to lhe Association (hereinafter sometimes referred to as the "Association" or as the "Developer's Assignee"), and the Association shall assume such fights and duties from 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 from and in addition to any other Assessments or charges that may be assessed by the Developer and/or the Association. As provided herein, the Developer shall have the power to fix and determine, from time to time, the amount of the Occupancy Assessments to be paid by the applicable Lot Owners, or the Developer may assign such right to the Association. 1 lowever, the Occupancy Assessment for the calendar year 2005 (i.e., January 1, 2005, through December 31, 2005) shall be the sum orS150, and shall be due and payable in arrears on January 1,2006. Except as otherwise provided herein, beginning with the calendar year 2006 (i.e., January 1,2006, through December 31, 2006), and each and every calendar year thereafter, the amount ol~ 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, the 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%) of the Lot Owners present in person or by proxy, and further provided that if more than One (1) person or entity owns a Lot, only One (1) of such Owners shall be entitled to vote per Lot. The new voted maximum Occupancy Assessments established by the Lot Owners as hereinabove 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 I'm'ther increased under the procedure set forth in the preceding sentence by a vote of Fifty One Percent (51%) of the Lot Owners. 13 0 04495 0247 The Developer or the Developer's Assignee shall never at any time be liable in any amounts for any Occupancy Assessments relating to tile 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 the costs and expenses of operating and maintaining the RV Park (i.e., the Common Expense:;) as set forth herein. COLLECTION RIGHTS AND REMEDIES Unless otherwise required by the Developer (or the Association, if applicable), all Annual Assessments shall be due and payable in advance on the first clay of January of each and every calendar year, and all Occupancy Assessments for a parlicular calendar year shall be due and payable in arrears on the first day of January of the next succeeding calendar year (for example, Annual Assessments for the calendar year 2005 will be due 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 the Lot 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 tinancial 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 thc Developer or the Association on behalf of a Lot Owner or Club Member, or sums which may be required to be advanced by the Developer or the Association on behalf of a Lot Owner or Club Member, shall hereinafter collectively be referred to as the Lot Owner or Club Member's "Financial Obligations." Non- payment by any Club Member of his Financial Obligations shall result in the termination of his Membership privileges unless paid within Ninety (90) days after notice of the same has been mailed by certified mail, return receipt requested, to the £'ltib Member's last known address. The Developer (or the Association, if applicable) ::!tall 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 licn for such unpaid Financial Obligations upon and a security interest in all tangible personal propet~ty 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 1 .ien u pon 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, fi.om 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 imcrest and late charge shall become a part of the Financial Obligations of the Lot Owner or the Ch,b Member. 14 0904495 0248 The Developer.(or the Association, if applicable) sllall 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 prc, tect its Assessment Liens, and all such sums paid or advanced by the Developer or the Associatic, n 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 ol' foreclosure on an Assessment Lien, and the Developer (or the Association, if applicable) may obtain a cash credit against its bid for all sums due to the Developer or the Association covered by the Assessment Lien on the Lot. The Developer (or the Association, if applicable) shall be entitled to appoint a receiver to collect any Financial Obligations that are due from a Lot Owner. The Developer (or the Association, if applicable), may foreclose the Assessment Lien against any Lot which is encumbered by an Assessment Lien which is not timely paid. Such foreclosm-e will be by appropriate action in court, or in the manner provided by law for the foreclosure of a trust deed or mortgage as set forth in the laws of the State of Wyoming, as the same may be amended. In the event the foreclosure is in the manner provided by law for a foreclosure under a power of sale, the Developer (or the Association, if applicable) shall be deemed to possess and hold a private power of sale to conduct such a foreclosure action, and shall be entitled to the actual expenses and such fees as may be allowed by law or as may be prevailing at the time the sale is conducted. The Developer (or the Association, if applicable) shall have the right, in lieu of foreclosure, if it deems it prudent, to take possession of a Lot encuml',ered by an Assessment Lien and offer the same for rental. The Developer (or the Association, i t'a ppi i cable) shall credit one-half (½) of the proceeds, if any, of such rental toward payment of tl~e Assessment Lien established by the default of the Owner of said Lot. The remaining one-half(½) 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 thc Association for storage fees related thereto. The Developer or the Association's selection of this mode of procedure in payment of an Assessment Lien shall not be exclusive and the Developer or the Association may, at any time, proceed in foreclosure or elect to proceed in any other 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 ora 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 15 0904495 ,0249 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 tmpaid 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 thc, Common Areas until such time as all unpaid Assessments due and owing by the former Owner of tile Lot have been paid. XIII PROVISIONS RELATING TO RENTAL OR SALE OF LOTS 1. In the event any Lot Owners desire to rent Iheir Lots, then all renters of Lots shall be registered at the Administration Office (which may be established by the Developer) before taking possession, and a registration fee thereupon shall be payable, the amount of which shall be determined by the Developer. All renters, Club Members and Lot Owners shall be bound by the following restrictions: a. The Developer shall have the right to limit and restrict the number of adults and/or children occupying any Lot at any one time. b. No renters may be permanent resi(lents 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 (Phase I) recorded as Instrument No. 589522), but with the same restrictions and regulations as applicable to pets of Lot Owners. d. Overnight in-house guests are permitted, but with the same restrictions and regulations as applicable to in-house guests of Lot Owners e. No Lot may be subleased without specific permission by the Lot Owner filed with the Administration Office. f. Should the Lot Owner exercise any option that he may have requiring the Administration Office to rent his Lot, the Administrative Office shall establish and collect a standard rental from all renters, and retain a predetermined percentage, and credit the remainder to the Lot Owner. course. Renters will be required to pay a gt~est green fee to use the RV Park golf 16 0904495 0c:"5 0 The Developer shall have the right to rent, or allow business invitees or guests of the Developer to utilize Common Areas and/or Unsold Lots without being required to pay a registration fee. The Developer may issue administrative Rules and Regulations tO effectuate the policies outlined above. 2. No resale transaction shall be accomplished with respect to any Lot or club membership effecting a change in ownership upon the books until there shall have been paid to the Developer by the buyer a transfer fee in an amount detemfin ecl 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 sat igUy 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 of a Lot or club membership or lessee of a Lot shall be entitled to occupy a Lot until all delinquencies in Assessments and monies due to the Developer and/or the Association for said Lot or club membership bare been paid in full. INSUIL4NCE PROV1S 1 ON S 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 coveting 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 l;xpense. B. CASUALTY INSURANCE 1. Purchase of Insurance. After the Developer's Relinquishment of all or any portion of the RV Park to the Association, the Association shall obtain and keep in force Fire and Extended Coverage Insurance and Vandalism and Malicious Mischief Insurance insuring all of the common insurable improvements (including any improvements on Unsold Lots which have been transferred to the Association) within the RV Park, inclmling personal property owned by the Association, from a company acceptable to the Board o1' Directors of the Association, in an 17 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 purcllascd by the Association shall be for the benefit of the Association. a. It shall be presumed that the first m,qnies 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 I've 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 can'icd 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 b,~ 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 propei-ty. USE AND OCCUPANCY 1. All Lots shall be reserved and restricted lbr 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" unit~; of less than 400 square feet are also permitted in the RV Park as hereinafter provided. The terms principal camping facility, main camping fa. ciljt, y, camping facility, facility, Park Mode[, recreational vehicl.e, and vehicle are sometimes used synonymously, when the context so req,.fires, in this Article XV to refer to the principal camping vehicle, unit, dwelling or other similar device placed on a Lot. Permanent or semi-permanent storage structures may be erected on any Lot only as provided in subsequent paragraphs of this Article. Set forth below are additional permitted uses and use limitations, as the case may be, with regard to Lots within the RV Park. a. No shed, snow roof, awning, room, structure or other improvement is permitted on any Lot except as otherwise specifically provided in this Declaration. b. One storage shed shall be permitt;~d on each Lot. The storage shed must conform to the plans, design, materials, method of const ruction, foundation and color specified by the Developer. The Developer shall have the right to remove any shed which does not conform 18 0:9044:95 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 solely 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 port ion of the vehicle and does not extend beyond either the front or rear of the vehicle at the point ol'attachment. All such awnings shall be so constructed that both the awning and all supporting st ructures and braces are solely attached to the recreational vehicle and are carded with the recrealional vehicle when it leaves the Lot. d. A principal camping facility, inclmting any tip-out or slide-out, shall not exceed a basic width of sixteen (16) feet. Neither the box port ion of the principal camping facility nor any tip-outs or slide-outs which are or may become pa~'t of the principal camping facility shall extend into the easement at the rear of the Lot without an approved waiver signed by the Developer. e. All principal camping facilities (including extendable enclosures attached thereto]) shall be of such exterior material and design a:; 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 slkle-outs or tip-outs must function as slide-outs or tip-outs into the main body of the camping l'acility and not be bolt-ons, except for Park Model units which have tip-outs permanently attach.:d. Any extension to the main camping facility must be on the opposite side from the patio. g. Skirting ofthe principal camping Facility is permitted, but such skirting shall be limited to conventional metallic skirting of a color and design similar to that of the vehicle. h. Except as otherwise provided herein, exterior additions or attachments to a recreational vehicle or other principal camping facility, whether on the top, rear, front, side or underneath, are prohibited. i. Clothes washing machines and dryers are permitted only in the principal camping facility or in the storage shed of the type authorized in this Article. A written permit shall be required from the Developer for the necessary plural;lng and venting to accommodate these machines when they are to be located in a storage shed, along with the Developer's approval of the finished installation. j. In addition to the placement of recreational vehicles in the park, so-called Park Model units of less than 400 square feet are permitted in the RV Park; provided, however, that any Park Model unit must conform to the design, materials, specifications, and method of 19 0904495 .0£53 construction specified by the Developer, and no Park Model unit may be more than ten (10) years old unless otherwise specifically approved by the Developer. k. Ramada roofs, cabanas, permanently enclosed patios, add-on rooms, carports and fences are prohibited; provided, however, that non-permanent moveable fences are permitted as approved by the Developer, and further provided that add-on rooms in the style of a so-called "Arizona Room" are permitted on Park Model mitts, 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 anti Slate 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 front of the principal camping facility, unless specifically approved by the Developer. k-1. When placed around the patio ar~a (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. k-2. Written construction permits authorized by the Developer shall be required for any new construction authorized herein, together with written approval of the finished installation. k-3. Anything to the contrary notwifltstanding, 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 ~nd 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 ti) use the Common Areas, includ- ing the recreational facilities appurtenant to the Lot so rented; and (ii) to participate in special events related to ownership of the Lot so rented, and Owner's rights at special events during the period of time that his Lot is rented to another. Such rights shall be deemed transferred to the tenant during the rental term. Such rights are not forfeited as to other Lots owned by the Owner but not rented 1. Radio or television antennas or towers must be attached in the regular manner to the top of the principal camping facility, the al tached awning, or to the side or comer of the principal camping facility or storage shed. Free slanding antennas are not permitted. 2O 0904495 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 track, or, if it is the only means of transportation, it may be a track camper, motor home or other such camping/travel unit In either instance the parked vehicle must be located directly in front of the principal camping facility within the Lot boundary line. On comer Lots, in addition to the principal camping facility, two (2) additional vehicles may be parked, one on either driveway if constructed for that purpose and within the Lot boundary line. Motorcycles, bicycles and golf carts are not restricted by this regulation. In the above context "additional vehicle" means passenger car, pickup truck, boat, boat trailer or car trailer, or any other strictly non-camping vehicle. No motor home, minihome, camper or other vehicle designed as a travel/camping unit may be parked on any Lot along with the principal camping facility unless it is the only means of transportation, and then it must be parked directly in front of the principal camping facility. All parked vehicles must be parked wholly within the confines of the property lines. No parked vehicle shall be used for sleeping, eating or living quarters. n. No signs of any ldnd 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: (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 pcrmitted 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 controlled by a leash no longer than five (5) feet when walking on Common Areas. (5) Pets shall never be allowed to mn 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. 21 0 044 5 (?) of the flag pole. 0 5" Pets shall not be allowed on the area at the front entrance nor in the area (8) Pets shall not be permitted in or around tile Administration Building or its grounds, (9) Dog dung shall not be buried at any time. It must be placed in a proper container for waste disposal. (10) Pet droppings (dung) must be picked u p by pet owners and placed in proper containers for waste or as provided in a pet exercise area(s). (11) If the Developer or its representative determines that a pet or pets are barking or howling or otherwise disturbing the occupants of the park to an unreasonable degree in any manner, then such pet or pets shall not be allowed to remain in the park. p. An irregular easement ten (10) feet itl width is reserved in and across all Lots in the RV Park for the installation and maintenance of utility services, and it is understood that such easement may be used by the Developer and/or its assigns for installation and perpetual maintenance of utility services. 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 l,ot nor any use or practice which is the source of unreasonable annoyance to residents or which iht er feres with the peaceful possession and proper use of the property by its residents. All parts of each Lot shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage shall lie allowed to accumulate or any fire hazard allowed to exist. The Developer shall have the rigl,t, 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 velficles 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 good.,; and services to the Lot Owners and/or Club members in the RV Park, or for its use in connection with the sale of Lots, club memberships or other property, whether inside or outside of the RV Park. t. The Developer will have the right to limit and restrict the number of adults and/or children residing on or occupying any Lot at any one time or on a permanent or semi-permanent basis. 22 0 044 5 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 fi~cility 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 fi~¢ility, and said facility shall thereafter be inspected and approved annually as to condition. w. No motorcycles, three-wheel vehMcs, four-wheel all terrain vehicles, or dune buggies may be driven in the RV Park unless they are street legal and the noise level thereof is acceptable to the Developer or its representative. x. The Developer shall determine the fi-equency of garbage removal service, and may but shall not be required to provide security for the park. y. Any Lot Owners or Club Members with golf carts shall pay a trail fee to the Developer established by the Developer on an annual basis or a per-round basis unless the golf course is acquired by the Association, at which time such fees shall be paid to the Association. All guests of Lot Owners or Club Members will pay green fees to the Developer. Two adult Owners of each Lot or Club Membership will be entitled to play on the golf course without green fees, together with any of their children under 21 years of age who are living at home. z. If space is available, the Developer shall have the right to rent numbered spaces on a day-to-day or month-to-month basis to accommodate cars, pickup trucks, boats, small vans or other motor vehicles. z-1. [Intentionally Omitted]. z-2. The Developer shall have the ri~ght 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 Couaty Land Use Regulations. 23 7 0904495 2. These restrictions shall be considered as co vcnants running with the land, and shall bind all Club Members and the purchasers of any Lots in the RV Park, and their heirs, executors, administrators, successors, and assigns, and if said Owners and/or Club Member, or any of them, their heirs, executors, administrators, successors or assigr~s 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 atteml~ting to violate any such covenant or restriction and either to prevent him or them from so doing or to recover damages for such violation, including costs of the suit and a reasonable attorney's fee. Any invalidation of any of these covenants and restrictions shall in no way affect any other of the provisions thereof, which shall thereafter remain in full force and effect. Nothing herein shall preclude the Developer from amending this Declaration or filing different or additional restrictions on existing or future plats developed in the Star Valley Ranch RV Park. 3. No Lot Owner or Club Member or renter ora Lot shall permit or suffer anything to be done or kept in or on his Lot or the Lot he is using if lie is a Club Member or renter of a Lot, which will increase the rate of insurance on the RV Pa& property, or which will obstruct or interfere with the rights of other Lot Owners and/or C, lub Members or annoy them with unreasonable noises, sights or smells, or otherwise, nor si mil the Lot Owner or Club Member or renter of a Lot commit or permit any nuisance, immoral or illegal act in or about the Lot or the property. 4. No person shall use the Common Areas or any part thereof, or a Lot or any part thereof, in any manner contrary to or not in accordance with such rules and regulations pertaining thereto as from time to time may be promulgated by the Developer or the Association. MAINTENANCE AND ALTERATIONS A. The Developer may enter into a contract with any firm, person, or corporation, including the Developer, for the maintenance and repair of lhe Common Areas and Unsold Lots, and for the security of the RV Park. B. The Developer may enter into a contract with the owners of any public utility for the furnishing of such public services. The Developer may, fi'om time to time, enter into long term leases for the use of such public service utilities or may purchase the same outright, and thereafter the said facility will become a part of the Common Area facilities. C. There shall be no material alterations or sul',siantial additions to the Common Areas or Limited Common Areas except as hereinabove provided, or except as the same are authorized by the Developer. The costs of the alterations or additions shall be assessed as Common Expenses. Where any alterations or additions, as aforedescribed, are exclusively or substantially exclusively for the benefit of the Lot Owner(s) 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 e~:clusively benefitting therefrom, and the 24 0~)ss0es~m~e~'hall be levied in such proportion as may be M ermined as fair and equitable by the Developer. Where alterations or additions are to be asse:sscd 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 authoriz~xl 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 PROPel SIONS A. The Owners of the respective Lots shall not be deemed to own pipes, wires, conduits, roads, sewage connections, etc., or other publi.,: 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 Conunon Area encroach upon a Lot, a valid easement for such encroachment and maintenance of the same, so long as it stands, shall and does exist. C. No Owner of a Lot or Club Member may exempt himself from liability for his contribution toward the Common Expenses or Assessme,~ts by waiver of the use and enjoyment of any of the Common Area facilities or by the abandonn ~ent of his Lot or Club Membership. D. At such time as a deed to a Lot is recorde, I, Lincoln County will place the Owner of the Lot on the tax rolls. It will be the responsibility of lhe Owner of the Lot to obtain tax notices and information from the Tax Assessor of the Comity or other appropriate governmental authorities having jurisdiction over the same. Nothing herein shall be construed, however, as giving to the Lot Owner the right of contribution or any right of adjustment against any other Lot Owner on account of any deviation by the taxing authorities for the valuations prescribed, and each Lot Owner shall pay such ad valorem taxes and special assessments as are separately assessed against his Lot. For the purposes of ad valorem taxation, the interest of the Owner in his Lot and in the Common Areas shall be considered as a unit. The value of said unit shall be equal to the percentage of the value of the entire RV Park, including land and improvements, as may be assigned to said unit from time to time and as set forth in ~his Declaration. The total of all of said percentages equals 100% of the value of all of the land and improvements as established and amended from time to time pursuant to this Declaration. E. The Owners of Lots and Club Members shall have a right-of-way for ingress and egress over and across all roadways within the RV Park subdivision, except such roadways as Developer may develop or designate for special purpose:;, such as maintenance or loading. 25 0:9044:95 ,0"59 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 right to occupy the Lots only between May 1 and October 31 of each year unless thc appropriate governmental agency or authority and the Developer determine otherwise. H. The Developer has developed an execmive golf course on acreage near the RV Park which shall be maintained as a Common Expense. !1'in the sole discretion of the Developer, an insufficient number of Lots and/or club memberships at'e sold to maintain the golf course after the payment of other Common Expenses, the Developer shall not be required to maintain the golf course. The Developer shall have the right to control and restrict the usage of said golf course by Lot Owners, Club Members and their guests and to charge an Assessment or fees for its use; and the Developer's business invitees and guests shall be er, titled to utilize said golf course without charge until such time as the latter of (1) the Completion o£ 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 Devel,~per or the Association, subject to the rights of the Lot Owners and/or Club Members and the I',V Park Association to utilize the land as a golf course in accordance with the conditions contained in this Declaration, or the Developer shall have the right to convey said golf course to the Association, in which event the Association shall be obligated to accept said golf course and thereafter maintain it as a golf course for the benefit of the members of the Association in accordance with the conditions contained in this Declaration. The Developer may but shall not be required to construct a sales office on or about the RV Park for its use in connection with its sale and promotional activities. Upon the Completion of the Development or the Developer's Relinquishment of all and every portion of the RV Park to the Association, or at such earlier time as th,~ 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 a~ the appraised value, or the Developer may elect to rent the sales office to the Association, in which event the Association shall rent the sales office from the Developer at the fair market rental value. Prior to the Completion of the Development, the Developer may elect to rent space in the sales office to the RV Park Association in which event the Association shall pay a reasonable rental for said space. I. The Developer will maintain thewater 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 or'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 tl~e subdivision by the Thayne Volunteer Fire Department. 26 090449 .0260 J. The Developer may but shall not be required to construct restrooms, washrooms, a club house and various recreational facilities in the RV Park. Upon the completion of any of said facilities, the Developer shall have the right to convey the same to the Association and the Association shall be obligated to thereafter maintain said facilities at its own expense. The Developer shall be entitled to utilize all of said facilities for itself and/or its renters, business invitees and guests, and without cost until the Completion of the DeveloPment as defined herein, or until Developer's Relinquishment of all and every portion of the RV Park to the Association, whichever is later. The sewage lagoons serving the RV Park must at all times function and operate properly in accordance with the regulations of the appropriate governmental authorities having jurisdiction over the same. If the sewage lagoons and sewage fi~cilities 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 c~ver the sewer facilities. This provision shall be irrevocable. K. All provisions of this Declaration and Exhihits attached hereto and Amendments thereof shall be construed to be covenants running with tl~e land, and of every part thereof and interest therein, including, but not limited to, every Lot and the appurtenances thereto, and every Lot Owner and/or Club Member and claimant of the property or any part thereof or of any interest therein and his heirs, executors, administrators, successors and assigns shall be bound by all of the provisions of said Declaration. L. Whenever notices are required to be sent hereunder, the same may be delivered to Lot Owners or Club Members either personally or by mail addressed to such Lot Owners or Club Members at General Delivery, Thayne, Wyoming 83127, with a copy thereof to any other address specified by the Lot Owner or Club Member in writing and delivered to the Association. Proof of such mailing or personal delivery by the Association shall be given by the affidavit of the person mailing or personally delivering said notices. Notices to the Developer shall be delivered by mail to the Developer at Leisure Valley, Inc., Post Office Box 299, Thayne, Wyoming 83127, and to such other place as may be designated by the Developer. M. Any Lot Owner or Club Member may change his or its mailing address by giving written notice to the Developer. Notices required to be given to the personal representative of a deceased owner or devisee may be delivered either personally or by mail to such party at his or its address appearing in the records of the Court wherein the estate of such deceased Owner is being administered. N. Whenever the context so requires, the use o fany gender shall be deemed to include all genders, and the use of the singular shall include lhe 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. 27 0904495 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 t he Exhibits annexed hereto. P. If any covenant, term, provision or other ¢1 ement of this Declaration. or the Bylaws referred to herein, or the application thereby in any circumstances is held invalid or unenforceable for any reason whatsoever, the same shall not be deemed to affect, alter, modify or impair in any manner whatsoever any other term, provision, covenant, or element of this Declaration. Q. Every Owner, occupant or lessee of a Lot ar a Club Membership, whether he has acquired his ownership or interest by purchase, gift, conveyance, transfer, operation of law, or otherwise, shall be bound by the Bylaws of said Association, the Articles of Incorporation of the Association, and by the provisions of this Declaration. R. In the event the Developer agrees to rent a Lot on behalf ora Lot Owner, then in that event (except as otherwise provided in Article Xll hereof relating to the collection of an Assessment Lien) the rental income will be paid to the Developer and credited first to any accrued charges and/or Financial Obligations against the Lot, and lhe excess (less Developer's fee), if any, shall then be paid to the Lot Owner. S. Upon the Developer's Relinquishment of all and every portion of the RV Park (including without limitation the Common Areas and Unsold Lots), and all assignable rights and duties appurtenant thereto, to the Association pursuant to this Declaration, all assignable rights and duties of the Developer as described in this Declarat ion shall pass to the Association, except as otherwise reserved by the Developer at the time o t'the Developer's Relinquishment. T To the extent that any right, duty or intere'3t herein may otherwise violate the rule against perpetuities, then in that event, such right, duty or interest shall permanently vest in the person or entity then holding such right, duty or interest twenty-one years after the death of the now living last surviving grandchild of Alden L. Stewart, Nell Stewart (deceased) or Harold P. Stewart. (Remainder of Page Intentionally Left Blank) 28 0:904495 INWlTNESS WHEREOF, LEISURE VALLEY, INC., a Nevada corporation, has caused this Declaration to be signed in its name this I~---~- day of ik..~C>t.)~¢._~ 2004. LEISURE VALLEY, INC., a Nevada Corporation By: Harold P. Stewart, President STATE OF WYOMING ) ) SS. COt T¥ OVLINCOLN ) On this I~L~ day of ~--~O [~£ ~ ~kO.~ , 20'04, before me, the undersigned, aNotary Public in and for said County and State, personally appeared ILAROLD 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 Publ(c in aJ~d Mr said County and State/ 29 0904495 EXHIBIT "A" PROPERTY DE S CR1 PTI O N .0263 Beginning at a poim which is East 30.0 feet from the Northwest corner of Section 6, Township 34 North, Range 118 West, 6th P.M.; thence North 0° 08' West 95 feet; more or less, to the center of the North Branch of Cedar Creek; thence Easterly along the centerline of said North Branch 2312 feet, more or less, to the West line of Star Valley Ranch Airstrip; thence South 13° 11' East 590 feet, more or less; thence South 76° 49' West 245 feet, more or less; thence South 1© 30' West 65.00 feet; thence South 58° 30' East 86.945 feet; thence South 54© West 896.719 feet; thence let'r along the arc of a 35.00 foot radius curve 41.23 feet; thence South 13© 30' East 184.689 feet; thence South 31° 30' West 221.605 feet; thence South 76° 30' West 221.605 feet; thence North 58° 30' West 221.605 feet; thence North 13° 30' West 221.605 feet; thence North 31° 30' East 176.571 feet; thence left along the arc of a 35.00 foot radius curve 41.23 feet; thence North 36° West 1096.212 feet; thence West 248.273 feet to the East side of Muddy String Road; thence North 0° 08' West along said East side of Muddy String 'Road 225.065 feet to the point of beginning, containing 38.22 acres. Also known as Star Valley Ranch RV Park Plat 1. EXHIBIT "A" 3O