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HomeMy WebLinkAbout1.14 Powerline Subdivision Covenants11111111111111111111111111111111111111 Ill 1111 IN 1111 BMW %1/03/20:3 03:49P BI 34 P949 h RLSDORF i of 21 R 106 e0 D Cleo DRVIELD CDLMTY CO AMENDED R q` DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PO'1ri my PROFESSIONAL PARK SUBDIVISION, IN GARFIELD COUNTY, COLOILADO f1dTRODUCTION Declaration of Covenants, Conditions and Restrictions for the Poweriine Professional fn Park SudbdMsion have been executed and recorded with the Clerk and Recorder of Garfiled County. Such Covenants are found at Bookj4e, Page 1_8a, Reception No5881(,2 The, Owners of all of the Lots of the Powerline Professional Park now wish to Amend said covenants in their entirety. D t Powerline Professional park is a nonresidential, planned business park ("Subdivision"). The real property that constitutes the land area of the Subdivision is described on Exhibit A attached hereto and incorporated herein by this reference. u These amended covenants, conditions, restrictions and reservations set forth herein ("Declaration") shall bind and benefit all persons or entities who become owners of one or more Lots within the Subdivision. The orginial Declaration of Covenants are top be entirely supeceded by this Amendment. Such originai Declaration shall be termninated and of no further effect upon .q the rescording of this Amended Declaration. kEvery Lot within. Powerline Professional Park Subdivision shall henceforth be owned, held, conveyed, encumbered, leased, improved, used, occupied, and enjoyed subject to the, following covenants, conditions, restrictions and reservations, and the, same shall constitute a general plan for the Subdivision, ownership, improvements, sale, use, and occupancy of the Lots therein, to enhance and protect the value, desirability, and attractiveness of the Subdivision. � ARTICLE I C STATHNTIWNT OF PURPOSE ty 1.01 Q neral. The purpose of this Declaration is to ensure proper use and appropriate development and improvement of the real property that constitutes the Subdivision, so as to provide harmonious commercial development and promote the general welfare of the Lot Owners, tenants, invitees, and guests thereof, and protect the present and future value of such property. ARTICLE II i7EFiNl"tTO1��S / 2.01 "Association" means and refers to the Powerline Professional Park Property ✓/ Owners .Association, lnc., a Colorado nonprofit corporation. WESTFFLNSt VE-Powc inc Amended coymnlS.doc 1111111111111111111111111111111111111i 1111111111 I IN 639999 ll/03/2003 02,49P B1534 P930 ti AL5D9RF 2 of 21 R 106.00 D 0.00 GQRFIELU COUNTY C8 Powerline Professional Part, Subdivision Declaration of Covenants, Conditions and Restrictions Page 2 2.02 "Association Documents" means this Declaration, the Articles of Incorporation for the Association, the Association Bylaws, all Association rules and regulations, all documents incorporated by referenced into the foregoing, that certain Wastewater Service Agreement between Declarant (as Developer) and Wastewater Treatment Services, LLC, dated September 51h, 2000, and recorded at Boots 1207, page 944, as Reception No. 569519 in the records of Garfield County, Colorado, all procedures, rules, regulations, resolutions or policies adopted by the Association in accordance with the aforementioned documents, and all documents of record with the Clerk. & Recorder for Garfield County, Colorado, that affect the Subdivision as a whole, 2M "Executive Board" shall mean the Board of Directors of the Association, as provided for in the Association Documents. 2.04 "Improvement" shall mean and refer to and include any and all structures and all appurtenances thereto of every kind and type, and all other physical changes upon, over, across, above or under a Lot or upon existing improvements located in or on a Lot, or the landscaping and facilities within rights of way adjacent to a Lot, This definition shall include, but shall not be limited to, the following facilities and activities, whether of a permanent or temporary nature: buildings, outbuildings, parking structures and garages, parking lots and other parking areas, streets, roads, traffic control devices and signs, driveways, bikeways, access roads, loading areas, signs, canopies, awnings, trellises, fences, lawns, lawn and garden landscaping, plazas, patios, recreational facilities, walkways, pedestrian malls, sidewalks, shelters, security and safety devices and bridges, construction trailers and other temporary construction buildings, screening walls, retaining walls, stairs, decks, windbreaks, exterior air conditioning, lighting fixtures, drainage structures, communications equipment including but not limited to microwave dishes and relay equipment, coaxial and fiber optic cables, satellite transmitting and/or receiving ground stations, poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, towers, and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities, changes to any improvement; provided that with respect to such facility constructed (in behalf of or for a utility, such facility is included in this definition only to the extent it is above ground. "improvement" as defined herein shall not include improvements, alterations or remodeling which are completely within the interior of a structure and which do not affect or change the exterior appearance of an improvement, are not visible from the outside and do not alter the permitted use of Lot as defined in Article M. 2.05 "Lot" shall mean and refer to each of the lots within the Powerline Professional Park Subdivision as shown on the final plat thereof recorded with the Clerk and Recorder for Garfield County, Colorado, as said final plat may be amended from time to time. 2.09 "Maintenance" shall mean and refer to any activity or function that is necessary on an ongoing basis or intermittently for the purposes of: (a) maintaining and/or operating any vacant, unimproved land; and/or (b) maintaining and/or operating improvements before, during WESTERNSLAPE-Po—rlincA—dui co me nu,dm .1111111111111111111111111111111111111111 11111111 IN 639999 11/M/2M3 Oa:49P 83334 P951 M RtSRt1RF a of 21 R 106.00 D 0,00 6pRFIFLD COUNTY C6 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 3 and after construction or installation of such improvements; and/or (c) for the purpose of enabling or facilitating the permitted use of any Lot. 2.10 "Owner" or "Lot Owner" shall mean and refer to the record owner, whether one or more persons or entities, including Declarant, of a fee simple title interest in and w any Lot within the Subdivision. "Owner" or "Lot Owner" shall not mean or refer to: any person or entity who holds an interest in a Lat merely as security for the performance of a debt or other obligation; or pursuant to an easement, right -or -way, or license that pertains to or affects a Lot or Lots, or appurtenant to, a Lot or Lots. 2,11 `Subdivision" shall mean and refer to the Powerline Professional Park Subdivision as described by land area on Exhibit A attached hereto and as shown on the final subdivision plat thereof recorded with the Garfield County Clerk and Recorder, as it may be properly amended from time to time. ADRTICLE411 PERMITTED bSES 3.01 Permitted Uses. Subject to the covenants, conditions, restrictions and reservations set forth in this Declaration, all Lots shall be used solely for such nonresidential uses as are allowed within the C/G Corrimemial General zoning district, of the Garfield County, Colorado, under the conditions set forth herein, ARTICLE TV ASSOCIATION MEMBERSHIP AND VOTING RJGHS 4,01 lsuzoasc1 The purpose of the Association is to administer and enforce the covenants, conditions and restrictions set forth in this Declaration, and otherwise administer enforce the provisions of all Association Documents, and to carry out the purposes herein stated and the functions necessary for the proper use and maintenance of a]) Lots within the Subdivision. 4+ 02 Membership in Association. All lot owners in the subdivision shall be members of the Association and consent to all terms and conditions sot forth in this Declaration and all Association Documents. Membership shall be appurtenant to and may not be separated from ownership of arty Lot. The vote for such Lot shall be exercised by one person or alternate persons (who may be a tenant of the Owner) appointed by proxy in accordance with the Bylaws. W ESTERNSLOM-Pow Zinc Mi=dcd covmnntAw 11 1111111 HIM1111 1 111 1111 1111 1111 IN IN 639989 tl/03/2M M49P 81534 P992 M RLSDORF 4 of 21 R 106.00 D 0.00 GARFIPLD COUNTY CO Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page, 4 4,03 Transfer of Membership. An Owner shall not transfer, pledge, encumber or alienate his membership in the Association in any way, except upon the sale or encumbrance of his Lot and then only to the purchaser or mortgagee of his Lot. 4.04 Executive Board. The affairs of the Association shall be governed by an Executive Board of Directors, consisting of three (3) or five (5) persons in accordance with the Bylaws. The Directors may be nonresidents of Colorado, but all Directors must be Owners of Lots. 4.05 Voting Rights. Appurtenant to ownership of each Lot is one (1) vote for the purpose of all Association matters, regardless of whether one or more persons or entities own such Lot. Votes may not be voted in fractions. 4.05 Election of Directors. The appointment and/or election of Directors and officers of the Association shall be governed by the Bylaws. 4.07 Compliance with Association_ Documents, Each Owncr shall abide by and benefit from each provision, covenant, condition, restriction and easement contained in this Declaration, and all Association Documents. The obligations, burdens and benefits of membership in the Association concern the land and shalt be covenants ru ming with each Owner's Lot for the benefit of all other Lots. 4,09 Association Ex eases. The expenses of the Association shall be divided amongst all Loins equally. Each Lot Owner shall pay its share of all such expenses in accordance with the Association Documents. Failure to timely pay any amount, in whole or in part, may be enforced as a violation of these covenants. Expenses of the Association include but are not limited to expenses associated with the Association's responsibilities for road maintenance, roadside landscaping, operation and maintenance of the Fire Protection Pond and the water supply therefor, inspection and monitoring of the potable water systems and wastewater treatment and disposal. ARTICLE V ASSOCIATION FUNCTIONS AND DUTIES 5.01 General Autharity. The Association shall fulfill its obligations as required under the Association Documents. Additionally, the Association may do all things reasonably necessary or desirable to keep and maintain the Subdivision as a secure, attractive and desirable commercial development. 5,02 Right to Make Rules and Regulations. The Association shalt be authorized to and shall have the power to adopt, amend and enfarce rules and regulations applicable to the Wl-'$TFRNSt.OPP-Powcrh m Ay=dW Fovrnatas.d% 111111111111111111 IIIII 1111111111111111111111 fill 111 639999 11/03/2003 03:48P 81534 P363 M ALSDORF 5 of 21 R 106.00 D 0.00 GARFIE D COUNTY CO PoweThne Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 5 Subdivision to implement the provisions of this Declaration and all Association Documents. The Association may provide for enforcement of any such rules and regulations through reasonable and uniformly applied fines and penalties, or other reasonable and appropriate sanctions. Each Owner, lessee, guest and member of the general public shall be obligated to and shall comply with and abide by such rules and regulations and pay such fines or penalties upon failure to comply with or abide by such rules and regulations and such unpaid fines and penalties shall be enforceable in accordance with the Association Documents and applicable law. 5.04 Itrinlied Rights of the Association. The Association may exercise any right or privilege granted in the Association Documents and, except to the extent limited by the terms and provisions of this Declaration, given to it by law, and shall have and may exercise every other right, privilege, power and/or authority necessary or desirable to fulfill its obligations under the Association Documents. 5,05 Association Documents. Each Owner shall comply with and may benefit from each term, provision, covenant, condition, restriction, reservation and easement contained in the Association Documents. The obligations, burdens and benefits of membership in the Association touch and concern the Property and are, and shall be, covenants running with each Lot for the benefit of all other Lots. 5.07 Owner's Negligence. In the event that the need for maintenance, repair or replacement of Association property (e.g., the fire protection water supply) is caused through or by the negligent or willful act or omission of an Owner or an Ovmer's guest or lessee, then the expenses incurred by the Association for such maintenance, repair or replacement shall be a personal obligation of such Owner, and, if an Owner fails to repay the expenses incurred by the Association within seven (7) days after notice to the Owner of the amount owed, then such failure shall be a default by the Owner under the provisions of this Declaration, and such expenses shall automatically become a default assessment determined and levied against such Lot, enforceable by the Association. 5.08 Enforcement of Association Documents. The Association or any aggrieved Owner may take judicial action against any Owner to enforce compliance with the Association Documents and Association rules to obtain damages for noncompliance or for injunctive relief, or both, all to the extent permitted by law. ARTICLE VI ASSESSMENTS 6.01 Obligation, Each Owner, by accepting a deed for a Lot, is deemed to covenant to pay to the Association (i) annual assessments imposed by the Executive Board as necessary to meet the expenses incurred or anticipated to be incurred to perform the functions of the WUTERNStAPE•Pow,76inc Am Ocd awv nts.dm 1111111111111111111111111111111 1111111111 HIM 111111 IN 639999 11/03/2003 03:49P S%SS34 PSM tt AL50QRF 6 of 21 R 10 M D a.00 GARF%EL.D 00UMTY CD Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 6 Association; (H) special assessments for capital improvements and other purposes as stated in this Declaration; (iii) wastewater service assessments imposed as necessary by the Association to meet expenses incurred or anticipated to be incurred for wastewater treatment and disposal service as further described in Article M below; and ; and (iv) default assessments which may be assessed against a Lot for the Owner's failure to perform an obligation under the Association Documents or because the Association has incurred an expense on behalf of tiro Owner under the Association Documents No Owner may waive or otherwise avoid personal liability for the payment of the assessments provided for in this Declaration by abandoning or leasing a Lot, or otherwise. 6.04 Annual Assessments. Annual assessments for Association expenses shall be based upon the estimated cash requirements as the Executive Board shall from time to time determine to be paid by all of the Owners. Estimated Association expenses include but are not limited to the cost of routine Association affairs; expenses of management; taxes and special governmental assessments; insurance premiums for insurance coverage as deemed desirable or neeessary by the Association; maintenance of Association property or property for which the Association is specifically responsible; road maintenance, repair and improvement; wages; charges consistent with the provisions of the Association Documents; legal and accounting fees; expenses and liabilities incurred by the Association under or by reason of the Association Documents; payment of any default remaining from a previous assessment period; and the creation of a reasonable contingency or other reserve or surplus fund for Association business, as needed. Annual assessments shall be payable on a prorated basis each year in advance and shall be due as as determined by the Executive Board. The omission or failure of the Association to fix the annual assessments for any assessment period shall not be deemed a waiver, modification or release of the Owners from their obligation to pay the same. 6.05 Apportionment of Annual Assessments. Each Owner shall be responsible for his/her lot's share of the Association expenses, which shall be divided among the lots equally, subject to the provisions of this Declaration. Notwithstanding any terms in this Section to the contrary, the Executive Board, with the assistance of any company providing insurance for the benefit of the Owners, may reasonably adjust the allocation to each Owner of the cost of premiums for any insurance carried for, and to he charged to, a particular Owner. 6M Wastewater Service Assessments. in addition to all other assessments provided for above, the Association is authorized to determine, levy, assess and collect an assessment from each Lot for payment of all charges and expenses of wastewater treatment and disposal services provided as described under Article XE below. The Association shall have all rights to enforce payment and collect directly from each Lot Owner unpaid assessments for wastewater treatment and disposal services provided to such Lot, including late charges, accrued interest and reasonable attorneys' fees and costs, in the same manner as the Association is authorized to enforce and collect other assessments as provided in this Article. WESTERNSLOPE,Powerbuc An a dcd m—anxs d" 1111111111111111111111 III 11111111111111111111 IN Jill 63t$999 11/03/2003 03:99P 01534 P955 % ALSDORF 7 of 21 R 106.90 A 0.0t7 GARFIELD COUNTY CO Powerline Professional Park. Subdivision Declaration of Covenants, Conditions and Restrictions Page 7 6.07 Default Assessments. All monetary fines assessed against an Owner pursuant to the Association Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Association Documents, shall be a default assessment and shall become a lien against such Owner's Lot(s) which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due date of such default assessment shall be sent to the Owner subject to such assessment at least thirty (30) days prior to tho due date. 6.08 Effect of Nona =,t' Assessment Lien. Any assessment payment or installment thereof, whether pertaining to any annual, special, default or other assessment, which is not paid within thirty (30) days after its due date shall be delinquent. if an assessment installment becomes delinquent, the Association (or, as may be applicable, the Association), in its sole discretion, may take any or all of the following actions: 6D8.01 Assess a late charge for each delinquency in such amount as the Association deems appropriate 6,08.02 Assess an interest charge from the date of delinquency at the yearly rate of eighteen peroent (18%) per annum; 6.08.03 Suspend the voting rights of the Owner during any period of delinquency; 6.08,04 Accelerate all remaining assessment installments so that unpaid assessments for the remainder of the fiscal year shall be due and payable at once; 6,08,05 Bring an action at law against any Owner personally obligated to pay the delinquent assessments; and 6,08,06 Vote to approve the recording of a lien for all delinquent assessments, and upon approval file for record in the office of the Clerk and Recorder for Garfield County, Colorado, a notice of lien signed by the President or Managing Agent of the Association for the amount due, together with interest thereon, which notice shall contain: (1) a statement of the amount unpaid and the interest accrued thereon; (2) a legal description of the property owned by the delinquent Owner; and (3) the name of the delinquent Owner(s). Such notice of lien shall be effective to establish a lien against the interest of the Owner(s) in the Lot(s) together with interest at the rate set forth above on the amount due from the date thereof, administrative fees, recording fees, cost of title search obtained in connection with such lien and the foreclosure thereof, and court costs and reasonable attorneys fees that may be incurred in the preparation and enforcement of such a lien. WES7ERA'SLGP11. ft c N cAm 60;wmxnts.da 1111111 1111HIM 11111111111111111111111HE111Ill 639999 11/0a/2003 6a:4evi` B034 P255 H AL.SDORF a of 21 R 10S M D 9,00 GAMELD COUNTY 00 Puwerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 8 The Association may institute foreclosure proceedings against the defaulting Ownefs Lot in the manner for foreclosing a mortgage an real property under the laws of the State of Colorado. in the event of any such foreclosure, the Owner shall be liable for costs and fees thereof; including but not limited to the amount of all unpaid assessments, any penalties and interest thereon, the cost and expenses of the foreclosure proceeding and sale, the cost and expenses for Filing the notice of the claim and lien, title search, foreclosure certificate, and all reasonable attorneys' fees and costs incurred in connection therewith, The Association shall have the power to bid on a Lot at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. While a Lot is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (o) each other Lot shall be charged, in addition to its usual assessment, its equal pro rata share of the assessment that would have been charged such Lot had it not been acquired by the Association. The lien of the assessments will be superior to and prior to any homestead exemption provided now or in the future by the law of the State of Colorado, and to all other liens and encumbrances except Iiens and encumbrances recorded before the date of the recording of this Declaration, and except the lien of a first deed of trust holder, and except liens for governmental assessments or charges imposed against a Lot by a Colorado governmental or political subdivision or special taxing district or any other liens made superior by statute. The foregoing lien and the rights to foreclosure thereunder shall be in addition to, and not in substitution for, all other tights and remedies which the Association may have hereunder and by law, including suit to recover a money judgment for unpaid amounts. 6,09 Personal Obligation. The amount of any assessment chargeable against any Lot shall continue to be a debt of the lot as well as a personal and individual debt of the Owner of same. No Owner may exempt himself from liability for the assessment by abandonment, lease or sale of his Lot or otherwise. Suit to recover a money judgment for unpaid assessments, any penalties and interest theroonn, the cost and expenses of such proceedings, and all reasonable attorneys fees in connection therewith shall be maintainable without foreclosing or waiving the assessment lien provided in this Declaration. ARTICLE VII ARCHITECTURAL AND DESIGN CONTROL 7.01 Design of Pronem,. It is the specific intent of the Declarant to assure that all development and improvement of the Lots is accomplished within the bounds of this Declaration. The design standards set forth hereinbelow or as may be adopted hereafter shall be interpreted and applied to serve such intent, WFSTFRNS[.OAF-Nv,V rhncAf�dsdrovcnants.dm 1111111 1111 HIM 111111111111111111111111111111 111 539999 11/03/2003 0a:49P 92534 P957 PI ALSDORP 9 of 21 R 105.00 D 0.00 CARFIELD COUNTY Co Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 9 7.03 Adoption of Standards. The Association may but is not required to promulgate, adopt, and amend design standards or guidelines consistent with these covenants and additional to those set forth in Article VM. A current copy of the adopted, written design standards or guidelines, if any, shall be furnished to each Lot Owner upon written reauest. 7.12 Obligations with Respect to Zoning and Subdivision. All Improvements and uses of a Lot shall filly comply with all zoning, land use, and subdivision statutes and regulations and conditions applicable to such Lot. 7.19 Enforcement. Any violation of these covenants for architectural and design review shall constitute a violation of this Declaration and all Association Documents, subject to enforcement by the Association. The Association is specifically authorized to impose appropriate fines, penalties or other sanctions against a Lot Owner for violation of the architectural and design review covenants, standards and guidelines, and any such'monetary fine or penalty shall constitute a default assessment under Article V1 and may be collected as such.. ARTICLE VIII CONSTRUCTION AND DESIGN STANDARDS 9,01 Construction Standards. Construction or alteration of any Improvement(s) shall meet the standards set forth in these covenants and shall promptly and diligently be completed. For the purposes of these covenants, when a construction material is speeifted herein, another material may be used in lieu thereof, provided such material is equivalent or superior to the specified material. 8.02 Finishes. All buildings shall have exterior walls of face brick, stone, metal, steel, concrete, marble, anodized aluminum, glass, stucco or equivalent permanently finished materials. 8,03 Sidewalks. Sidewalks of design standards and in locations required by the County shall be maintained by each Owner. 8.04 Landscanina. Any portion of a Lot upon which Improvements are not constructed may be landscaped in accordance with available legal and physical water supply for the properties, 8.05 Screemns. All trash areas (and dumpsters) shall be maintained in permanently screened and fenced enclosures which shall not be visible to any other lot or from any dedicated street. W ESTERNSLOPE•Powcrlim Amended comanuAw 11111111111111111111111111111111111111111111111111111 639999 11/03/2003 03:49P 01534 P968 M RLSDORF 10 of 21 R 106.00 D 0.00 GARFIELD COUNTY CO Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions rage 10 8.06 Illuminations. Overnight security type fighting, and lighting of parking, truck service/receiving areas and outdoor storage areas will require fixtures that are of a sharp cut-off design which allow minimal light spilt or glare onto adjacent property. 8.08 Qrading and Drainage. Surface drainage on each Lot shall be collected on site and connected to underground or above ground storm drain structures. The plans and specifications for improvements on any Lot shall reflect the grading, drainage, site stabilization, plumbing system, paving for such Lot, shall he submitted to the County when building permit application is filed. 8.10 Sins. All signs shall conform with written sign standards of applicable codes, laws and governmental regulations. ARTICLE IX MAINTENANCE 1LND OPERATION ACTT 71ES - CRITERIA 9.01 Construction Period. During construction of any Improvements, supplies and equipment must be stored in a designated area in a safe and orderly fashion. Trash, waste and debris must be removed on a regular basis. Unlandscaped areas shall be kept mowed and pruned, free from plants infested with noxious insects or plant diseases and from weeds which are likely to cause the spread of infection or weeds to neighboring property and free from brush or other growth or trash which may cause danger of fire. 9.02 Site and Buildin aintenance. All Owners shalt at all times keep their premises, buildings, Improvements, and appurtenances including parking areas in a safe, clean, and neat condition; shall remove, replace, or repair all such items or areas not in such condition; and shall comply in all respects with all governrrtent, health, police and safety requirements and with such maintenance standards as may be established by the Association- Each Owner shall remove at its own expense at least once a week all rubbish or trash of any character that may accumulate on its property and shall keep unimproved areas maintained. Rubbish and trash shall not be disposed of on the premises by burning in open fires or incinerators. Site and building maintenance as described in this is additional to shared maintenance obligations for the aocess roadway, as set forth in Article XM. 9.03 Landscape and Groun.ds,,,,,4aintenance. All landscaping or unimproved ground on all Lots shall be maintained in a neat and adequate manner. Required maintenance activities shall include, but not be limited to, mowring, trimming, irrigation, replacement or removal of dead, diseased, or unsightly landscaping, removal or control of weeds from planted areas, appropriate pruning of plant materials, and dust suppression. WESTGRTSLRPG-PewcAne Aty=ded connmu.doc 111111111111 1111111111 III 1111111111111 Ill HIM 1111111 639999 11/03/2M 03:49P M34 P959 n RLSOORF 11 of 21 R 106.00 D 0.W BRRFIELD COUNTY GO Power]int. Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 1 I 9,04 Additional Maintenance and QRerafiop Activit . In addition to the foregoing maintenance and operation activity standards, the Executive Board may promulgate and adopt additional maintenance and operation activity criteria that are not inconsistent with the criteria set forth in this Article and that implement the purposes of these covenants. 9.05 On -Street Parkins. No parking shall be permitted on any platted access drive or casement or dedicated roadway as shown on the final plat of the Subdivision or at any location other than the paved parking spaces approved for a Lot, unless specifically allowed by the Association, Each Owner shall be responsible for compliance with this requirement by its tenants, employees, invitees and guests. Owners or users of vehicles parked in violation of this provision shall be subject to the sanctions, if any are made Rules and Regulations by the Association, that prohibit or restrict such parking, and regardless of the existence of any government sanctions, the vehicle so parked shall be subject to removal at the I.ot Owners` expense at the direction of the Association or its representatives. 9.06 Variances, The Association may authorize variances from the design requirements in this Declaration or in any additional criteria promulgated and adopted as design standards when circumstances such as topography, natural obstructions, hardship, nature of business to be conducted or aesthetic or environmental objectives or considerations may warrant, in the sole discretion of the Association. 9.07 emedies far Failure to Maintain and Re air. (a) Remedies. if an Owner or its tenants) fails to perform the maintenance and repairs required by these covenants or the Association, then the Association, after ten (10) days prior written notice to the Owner, shall have the right but not the obligation to perform such maintenance and repair and to charge said delinquent Lot Owner with the cost of such worts together with the interest thereon at the maximtun statutory rate from the date of the Association's advancement of funds for such work to the date of reimbursement of the Association by Owner, and such charges shall constitue a default assessment. If the Owner fails to pay such default assessment to the Association within thirty (30) days after demand therefor, the Executive Board may vote to approve a the recording of a lien therefor in accordance with Article VT. All unpaid amounts shall constitute a personal and direct obligation of the Lot Owner to the Association. (b) Cure. If the reason for which a notice of lien has been recorded is eared, the Association shall record a release of such notice, upon payment by the Owner of all unpaid and past due assessments, fees, accrued interest, and attorneys' fees and costs incurred by the Association WBTERNSIDPE•PowerlinC A1ra:nded covenanu.doc 111111111111111111111110 111111111111111111111111 MII 639999 il/03/20V 03vASP B1534 P960 tt ALSMtF 12 of 21 R 106.00 D 0.00 GARFIELD COUNTY CO Powerlino Professional Park Subdivision Declaration of Covenants, Conditions and Resttictions Pagt 12 ARTICLE X LIMITATION OF LIABILITY 10.01 No Individual Liability. Neither the Association, nor any member thereof or of the Executive Board, nor any agent or employee or representative of the Association shall he liable to any Owner or other person or entity for any action or failure to act with respect to any rnattcr canting before the Association, if the action taken or failure to act was made in good faith and without wilIM or intentional misconduct. The Association shall indemnify and hold harmless all members, agents, employees and Association representatives from any and all reasonable costs, damages, charges, liabilities, obligations, fines, penalties, claims, demands or judgments, and any and all expenses, including without limitation, attorneys' fees and costs incurred in the defense or settlement of any action arising; out of or claimed on account of any act, omission, error or negligence of such person or of the Association or the Executive Board provided such person acted in good faith and without willful or intentional misconduct. 10,02 No Association Liability, The Association shall not be held liable for injury or damage to person or property caused by the condition of any Lot or by the conduct of specific Lot Owners or their tenants, agents, employees and other representatives. ARTICLE XI MiNIN 11.01 No Drilline Activity. The undersigned owner of all mineral rights under all lots herein agrees that no oil, natural gas, petroleum sand, gravel, or other mineral substance shall be produced from any well, mine, or shaft located upon, in or under the Lots; no derrick or other structure designed for use in or used for boring or drilling for oil, or natural gas shall be permitted upon or above the surface of the Jots. ARTICLE X11 WATER AND SEWER 12.01 Water Supply. The potable water supply for the Subdivision shall be provided by three wells to be shared as provided in this Article. 12.01,01. WAT) RSUPPLY F4RLOT'S 1, 2 AND 8 a. Qyoetship of Well and Appurtenant Facilities: Easements for PiRelines. A water well (referred to herein as "Well No. Y)has been constructed on the southerly portion of Lot 2 and operates pursuant to Colorado Division of Water Resources Well Permit No. 053267-F, which authorizes withdrawal of uo WESTERNSL01IF-Powerline Amended cov=nmdne 1 II 1111 III 111111111111111111111111111111111 IN 63999E 11/03/2003 03r49P 81534 P961 M RLSDORF 13 of 21 R 108.00 0 0.00 GRRFMD CDUNTY CO Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 13 to 15 gallons of water per minute with a maximum of one acre foot per year for drinking and sanitary purposes inside commercial businesses. Operation of the Well is dependent upon maintenance of West Divide Water Conservancy District Water Allotment Contract No. 9909092RK(a). The owners of Lots 1, 2 and 8 each shall own, appurtenant to their respective property, an undivided one-third (1,13) interest in and to Well No. 3, the well permit, pump, and associated facilities for the withdrawal of water located at the Well, except as otherwise provided herein. b. Easements The owners of Lot 1 and Lot 8 are hereby granted perpetual and non-exclusive easements over and across Lot 2 for the installation, use, maintenance, repair, service and replacement of Well No. 3 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lots t and 8, respectively, such easements being no more than twenty (20) feet in width. c. Use, of Water. The owners of Lots 1, 2 and 8 shall each be entitled to use up to 0.0M acre feet per montb (0,33 acre feet annually) of water from Well No. 3 only for uses authorized by the well permit, which are currently limited to drinitang and sanitary purposes inside commercial businesses. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of said Lots shall be entitled to use so much of the water from Well No. 3 (up to their limit) as needed so long as diversions from the Well at no time exceed 15 g.p.m and total annual diversions do not exceed L0 acre feet. 12.01.02. WATER SUPPLY FOR LOTS 3,4 AND S a. Owners i of Welland Appurtenant Facilities; Easements for Pipelines. A water well (referred to herein as the "Well No. 2") is permitted for construction on the southerly portion of Lot 5 and will operate pursuant to Colorado Division of Water Resources Well Permit No. 053268-1', which authorizes withdrawal of up to 15 gallons of water per minute with a maximum of one acre foot per year for drinking and sanitary purposes inside commercial businesses. Operation of Well No. 2 is dependent upon maintenance of West bivide Water Conservancy District Water Allotment Contract No. 9908093RK(a). The owners of Lots 3, 4 and 5 each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to Well No. 2, the well perrnj , pump and associated facilities for the withdrawal of water located at the Well, except as otherwise provided herein. b. Easements The owner of Lot 3 is hereby granted a perpetual and non- exclusive easement over and across Lots 4 and 5 for the installation, use, maintenance, repair, service and replacement of Well No. 2 and for pipelines, WPS'MRNSL0PF-P0vA;r in4 k�ded comants.dm 11111111111 11111 1111111111111111111111111111111111 635998 it/03/2003 03!49P 01534 P962 H ALSnoRF 14 of 21 R 106.00 D 0.00 GMF%Ertl COUNTY CO Powerline Professional Parts Subdivision Declaration of Covenants, Conditions and Restrictions Page 14 power lines and other facilities nmcssary for the proper operation of the Well and delivery of water to Lot 3, such casement being no more than twenty (20) feet in width. The owner of Lot 4 is hereby granted a perpetual and non- exclusive casement over and across Lot 5 for the installation, use, maintenance, repair, service and replacement of Well No. 2 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lot 4, such easement being no more than twenty (20) feet in width. c. Use of Water. The owners of Lots 3, 4 and 5 shall each be entitled to use up to 0.0275 acre feet per month (0.33 acre feet annually)of water from Well No. 2 only for uses authorized by the well permit, which are currently limited to drinking and sanitary purposes inside commercial businesses. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of said Lots shall be entitled to use so much of the water from Well No. 2 (up to their limit) as needed so long as diversions from the Well at no time exceed 15 g.p.m. and total annual diversions do not exceed 1.0 acre feet. If, from time to time, Well No. 2 does not provide water at the rate of 15 g.p.m., each Lot owner shall be entitled to its pro-rata share of the available water. 12.01.03. 'tit6'ATER SUPPLY FOR LOTS 6 AND 7 AND Fblt FIRE PROTECTION a. Ownership of Well and Appurtenant Facffitics_Easements for Pipelines. A water well (referred to herein as the "Wel) No. 1") is permitted for construction on the southerly portion of Lot 5 and will operate pursuant to Colorado .Division of Water Resources Well Pemt€t No. 054864-F, which authorizes withdrawal of up to IS gallons of water per minute with a maximum of 3.53 acre feet per year for drinking and sanitary purposes inside commercial businesses and for fire protection purposes. Operation of Well No. t is dependent upon maintenance of West Divide Water Conservancy District Water Allotment Contract No. 9906I=(a). The owner of Lot 6, the owner of Lot 7 and the Association each shall own, appurtenant to their respective property, an undivided one-third (113) interest in and to Well No. 1, the well permit, pump and associated facilities for the withdrawal of water located at the Wall, provided, however, that the owners of Lot 6 and Lot 7 shall each be entitled to the withdrawal and use of up to 0.33 acre feet annually from Well No. 1 and the Association shall be entitled to withdraw and use the remaining permissible appropriation of acre feet annually from Well No. I for fire protection purposes. b. Use of Water. The owners of Lots 6 and 7 shall each be entitled to use up to 0.0275 acre feet per month (0,33 acre feet annually) of water from Well No. l only for uses authorized by the well permit, which are currently limited to drinking and sanitary purposes inside commercial businesses. The Association shall be entitled to use up to the balance of the remaining permissible WESTERNSLOPE-Puw lincAmended c Vmuu.do 1111111111111111111111111111111111111111111111111111 IN 639999 IVOV2003 03:49P B1534 Ma M ALS00RF 15 of 2€ R 109.00 O 0.00 MFIELO COUNTY CO Powerlinc Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 15 appropriation annually of water from Well No, l for the purpose of filling and maintaining the water level in the Fire Protection Pond. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of Lots 6 and 7 and the Association shall be entitled to use so much of the water from Well No. 1 (up to their limit) as needed so long as diversions from Well No. I at no time exceed 15 g.p.m. and total annual diversions do not exceed 3.53 acre feet. If, from time to time, Well No. I does not provide water at the rate of 15 &p.m,, each Lot owner shall be entitled to its pro-rata share of the available water. c. Easements. The owner of Lot 7 is hereby granted a perpetual and non- exclusive casement over and across Lot 6 for the installation, use, maintenance, repair, service and replacement of Well No. l and for pipelines, power lines and other facilities necessary for the proper operation of the Well and deliver), of water to Lot 7, such easement being no more than twenty (20) feet in width. d. Association easements. The Association is hereby granted a perpetual and non-exclusive easement over and across Lot 6 for the installation, use, maintenance, repair, service and replacement of Well No. 1 and for pipelines, power lines and other facilities necessary for the proper operation of Well No. i and delivery of water to the Fire Protection Pond, such easement being no more than twenty (20) feet in width. 12.01.04, PROVISIONS i6MICH APPLY TO ALL LOT OWNERS AND THE ASSOCIATION a. Installation of Facilitics. The Association shall install at its own expense the power source, meter, pipelines and other facilities in and to the Wells. Each lot owner and the association shall be charged a tap fee in accordance with a utility fee and rate schedule prepared by the Association. b. Operation, Maintenance and ,R,epair, Costs, All costs of operation, maintenance, replacement, service and repair associated with each well, the pump and appurtenant facilities for the withdrawal of water from the Well shall be shared equally by the owners using said well. Such costs shall he allocated to each Lot owner in proportion to its ownership, except that each party shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such party, including individual service lines and storage tanks. c. Installation. The Association shall be solely responsible for installing a pipeline and related facilities as may be necessary or desirable to convey water from each well to each owner's Lot and for the association's fire protection purposes. subsequent to such installation, each Lot Owner and the Association W,E.STE"SLGPE-PGw fine AmendcO cvwn"ts.doc 1111111 lull HIM 111111111111111111111111 HIM 111 IN 63"99 11/03/2003 03:49P 61534 P964 M ALSOORF 16 of 21 R 106. 0Fi O 0 -00 SARFI iD COUNTY CO Powerhae Professional Paris Subdivision Declaration of Covenants, Conditions and Restrictions Pape 16 shall be responsible for maintaining and operating the pipeline and related facilities serving their Lot or, as to the Association, its fire protection pond. d. Meter. A totalizing flow meter and adjacent shut-off valve shall be installed by the Lot Owners using the well on each pipeline that delivers water from the well to an Owner's Lot or to the Association's Fire Protection. Pond, to measure the rate and total volume of water delivered front the Well to said Lot or pond, and to shut off such flow, when appropriate. The type of meter and valve, their location and installation shall be determined, owned, operated and maintained by the Association. e. Owner. Each Lot owner and the Association with respect to the Fire Protection Pond shall be the sole owner of any and all facilities used exclusively for the benefit of said Lot, including individual service lines and storage tanks. f. Location. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the following criteria: Where possible, all utilities, including water lines, shall be installed and maintained within platted utility easements, if installation of a water line in a platted utility easement is not possible or reasonably practicable, and in those instances where a utility easement is not described on another recorded document, the Lot Owner(s) to be served by the water line (or the Association, with respect to the Fire Protection Pond) shall confer with the affected servient Lot Owner(s) (and, if required, the County) to agree upon a location for installation that does not interfere with existing or proposed improvements and that wits cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features, After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an established easement area so as to interfere with the repair and replacement of utility lines. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user(s) and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to this Declaration. g. Cooperation, The owners of each well shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities, if the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service and/or improvement necessary and essential for proper functioning of the well and common facilities. If an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work, shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, whicb shall be WESTERNSLOPE•Pow"U" Amended OWManls.doc 111111111111 HIM 11111111111111111111111111111111 IN &39999 12✓03/2003 03r49P B1534 P955 H AL5DDRF 17 of 21 R 30S,00 D 0.0e GARFIELD COUNTY CC Powerhne Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 17 deemed common expenses and paid promptly by the other owners. Nothing herein shall prohibit the Association and the Owners from contracting with the Association or the Association to act as a delegate managing agent to administer and enforce these well -sharing covenants, in addition to the direct rights and responsibilities of the Association set forth in this Article. h. Limitations. The Association may read the meters, and shall have the authority to enforce the limitations on water deliveries to each Lot set forth herein pursuant to the provisions of Article XVI hereof. In addition, the Association may terminate water deliveries to any Lot that has for two consecutive months exceeded its maximum monthly entitlement to water from each Well, upon receipt of a letter or other communication from the Division of Water Resources that adverse action will be taken if such remedy is not imposed. i. Conservation. Water conservation practices wherever practicable throughout the development of the Lots shall be exernizied. For each group of Lots sharing a well, those owners shall be entitled to adopt rules regarding conservation methods for their well. 12.03 Fire Protection. A water supply for fire protection purposes within the Subdivision is provided by a Fire Protection System comprised of a Fire Protection Pond located at the north end of the access road as shown on the final plat and final plat plans, water lines, hydrants and other related facilities. The water supply for the Fire Protection Pond shall be provided from Well No. 1, as described herein. The Association shall be responsible for maintaining the Fire Protection System, including but not limited to filling and maintaining the Fire Protection Pond, at all times. 12.04 Potable Water Treatment Monitoring. To the extent that water treatment systems are required to be installed for improvements on each Lot, each Lot Owner shall be responsible for such installation. If required by the Association, a Lot Owner shall make such repairs or improvements to the water treatment system as are necessary to provide potable water. 12.05 Scwage Collection/Wastewater Service Disclosure, Sewage treatment service is provided to each Lot within the Subdivision pursuant to an agreement entitled Wastewater Service Agreement between Western Slope Development Co and Western Services, LLC, dated September 5�1i, 2000, and recorded at Book 1207, Page 944, as Reception No. 50519 in the records of the Clerk & Recorder for Garfield County, Colorado (referred to herein as the "Wastewater Agreement"), Wastewater Treatment Services, LLC, is a private limited liability company entitled to establish rules and regulations for the provision of wastewater treatment services, and is not subject to rules or regulations affecting public utilities. The Wastewater Agreement requires assignment by Western Slope Development Co to a Developer Utility Company. The Association shall act as the ]developer Utility Company and is herein assigned of W ESTERNSWPE-Powalm Amended wyenan[sAoc 111#ill 1111 HIM 111111111111111111111111111111111 IN I 639999 11J03e2003 M49P 61B34 P968 M ALSDORF 18 of 21 R 106.00 D 0.00 GARFIELD COUNTY CO Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 18 ail rights and obligations of Western Slope Development Co under the Wastewater Agreement, The Wastewater Agreement provides, in part, that the Association (as the Developer Utility Co) will be responsible for managing and administering wastewater treatment and disposal services within the Subdivision, including administration of the Developer Colleatian System by assuming the obligations of the Western Slope Development Co. under the Wastewater Agreement, including the provision of adequate insurance coverage naming Wastewater Treatment Services, LLC, as an insured party or individual bonds on a per lot or use basis providing coverage against system contamination or damage, The Association shall in exchange for providing wastewater treatment and disposal services to each Lot assess each Lot Owner an amount reasonably necessary to cover all costs associated with the provision oC such utility services. Any unpaid assessments shall become a lien against the Lot, enforceable directly by the Association as set forth in Article VI hereof. The Association may monitor the amount and duality of the wastewater produced by each Lot and shall have the authority to take whatever actions are reasonably necessary to ensure compliance with the Association agreement as well as the Wastewater Agreement. In order to comply with requirements of the Wastewater Agreement: (a) use of the Subdivision is Iimited to a single restaurant, provided that all contaminants, including undigested food and grease, will be collected and disposed of by a separate collection system; and (b) high volume of wastewater producers such as dentist offices, laundmrnats, hotels, motels or motor vehicle service stations will be prohibited within the Subdivision. In addition, no non -domestic wastes may be disposed of through the central sewer system. All Lot Owners shall at all times be. in compliance with this and and the Wastewater Agreement, as the same maybe from time to time amended. ARTICLE }CIA EASEMENTS FOR ACCESS AND UTit.,iTIES 13.01 Access, The Association shall maintain and repair the road providing access to all Lots. 13.02 Utilities. The Declarant hereby establishes for the benef€t of each Lot and all Tots within the Subdivision nonexclusive, common and perpetual easements for the location of utilities, including but not limited to water, sewer, electricity, gas, telephone, telecommunication, and cable service, The location of such casements shall be in conformity with the final plat for the Subdivision, 13.03 Maintenancc of Roadwa • Shared Expenses. The Association is authorized to retain, hire or otherwise contract with one or more persons or entities, from time to time and as needed, to service, maintain, repair and improve the access read and right of way as shown on the final plat of the Subdivision. Services for which the Association shall be responsible shall include, without limitation: snow and ice removal, sanding, resurfacing, striping, painting, and WFS97�RNSL0PE-)'0Wr Me Amendedenvenants.dac 1 I111 11111111 111111 1111 I1101111 1111 111111 639999 11/03/2003 03:49P B1534 P967 11 RLDORF 19 of 21 R 105.00 D 0,00 ONFIELD GauWry co Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 19 similar services, as well as landscaping within the landscape, Utility and Drainage Easement along Highway 6, as shown on the final Subdivision plat. ARTICLE XIV INS URANCE� EMiNEI\°T DOMAIN 14.01 Insurance. All Owners shall keep and maintain fire and casualty insurance upon all Improvements upon their Lots to the full insurable value thereof, as well as public liability insurance and such other lines of insurance as may be necessary and proper to insure the risks associated with the activities upon an Owners' Lot, 14.02 Takans=. If there is a complete taking of a Lot by any governmental body, then the Owner of such Lot shalt be excused from obligation under these covenants subsequent to the taking. A partial taking that does not extinguish a Lot Owner's interest in a Lot shall have no effect upon such Owner's rights and obligations hereunder. ARTICLE XV TERM AND AMENDMENT 15.01 Tenn. This Declaration, including all the covenants, conditions, and restrictions hereof, shall run with and bind all property and interests therein that are a part of the Subdivision for a period of twenty (20) years from the date hereof and thereafter shall be renewed automatically from year to year unless sooner amended or terminated as hereinafter provided. 15.02 Amendment. Notwilbstanding the foregoing this Declaration maybe amended or terminated at any time by an instrument executed and acknowledged. by Owners evidencing the approval of no less than seventy-five percent (75%) of all votes entitled to be cast in the Association, and recorded with the Clerk and Recorder of Garfield County, Colorado. Amendments made pursuant to the provisions of this Article shall inure to the benefit and be binding upon all property and interests therein that are part of the Subdivision. ARTICLE XVI INFORCEMENT 16.01 Enforcement Powers and Procedures. These conditions, covenants, restrictions, and reservations may be enforced, as provided hereinafter, by each Owner, as well as by the Association acting for itself or on behalf of all Owners, and, as provided herein and otherwise in the Association Documents. Each Owner, by acquiring an interest in a Lot, shall be conclusively deemed to appoint irrevocably the Association as his or its attorney -in -fact for such purposes. Violation of any condition, covenant, restriction, or reservation herein contained shall give to the Association, and to the Owners, or any of there, the right to bring proceedings at law or in equity W@SfERNSL.OPF�Puwerlim Am dal mvamnis.dm 1111111111111111111111111111111111111111111111111111111 639999 11M/2003 03!49P 01834 P968 M ALSDORF 2e of Z1 R 106.00 D OAD GARFIELD COUNTY CO Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 20 against the party or patties violating or intending to violate any of the said covenants, conditions, restrictions, and reservations, to enjoin them from so doing, to cause any such violation to be remedied, or to recover damages resulting from such violation. In addition, violation of any such covenants, conditions, restrictions, and reservations shall give to the Association acting as attorney -in -fact for all Lot Owners the right to enter upon the premises on which the violation is occurring or has occurred and abate, remove, modify, or replace at the expense of the Owner thereof any structure, thing, or condition that may exist thereon contrary to the intent and meaning of the provisions hereof. Every act, omission to act, or condition that violates the covenants, conditions, restrictions, and reservations herein contained shall constitute a nuisance and every remedy available at law or in equity for the abatement of public or private nuisances shall be available to the Owners and the Association, In any such action to enforce these covenants, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. Such remedies shall be cumulative and not exclusive. The failure of the Owners, or the Association to enforce any of the conditions, covenants, restrictions, or reservations herein contained shall in no event he deemed a waiver of the right to do so for subsequent violations or of the right to enforce any other conditions, covenants, restrictions, or reservations, and the Owners or the Association shalt not be liable therefor. ARTICLE XVII MISCELLANEOU'S PROVISIONS 17.01 Severability: Construction. Invalidation of any of these covenants or any provision hereof by a court of competent jurisdiction shall not affect any of the other provisions hereof which shall remain in fall force and effect. 17.02 Government Regulations, If an applicable county, municipal, or other governmental regulation, rule, code, ordinance, or law is more restrictive in any respect than these covenants, it shall supersede these covenants and govern at all times. 17.04 Notice. Any notice required or permitted herein shall be in writing and mailed, postage prepaid by registered or certified mail, return receipt requested, or hand delivered, and shall be directed as follows: If intended for a Lot Owner or their designated representative, then to the mailing address famished by the Lot Owner to the Association or the County Assessor or to the Lot. 17.06 Ineornoration of Plat Notes. All notes, terms and conditions set forth on the recorded Final Plat of the Subdivision are incorporated herein by reference. To the catent a conflict arises between these covenants and the notes, terms and conditions of the final plat, the notes, terms and conditions of the final plat shall control. W FSTF,RNSLOPE-Yowerllne Amended covmam s.doc 111111 Hill H1111111111 "1111111. 11111111111111111111 IN 639999 11/03/2003 03ASP 82534 P969 h ALS4DRF 21 of 21 R 106.ee D 0.00 GARFIELD COUNTY CO Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 21 17.07 Covenants Run with the Land. The covenants, conditions and restrictions set forth in this Declaration shalt run with the land described in Exhibit "A," such being all of the Lats within the Subdivision, and shall be binding upon and benefit all persons having or acquiring any interest whatsoever in said real property or any part thereof, and shall inure to the benefit of, he binding upon, and enforceable at law or in equity, as set forth hereinafter, by the Declarant, its successors in interest and grantees, each Owner and his or its successors in interest and grantees, and the Association acting on behalf of all Owners. 17.09 Effect of Amendment The Declarations of Covenants dated 17 2� d recorded aLare hereby totally superceded and are no longer of full force and of%ct )"2 ,tpgAd e2 Sgg t.) -S IN WITNESS WHEREOF, the Declarant executes this Declaration of Covenants, Conditions and Restrictions for the Powerline Professional Park Subdivision this _ clay of October, 2003. Owneroflots 4i3,J74,7+V WESTERN SLOPE DEVELOPMENT CORP. a/k/a Western Slope Development Ltd. (a Mississi orporati n) 13y: --- Rob Q. Klein, President STATE OFCOLORADO ) ) ss. COUNTY OF OARFIELD ) The foregoing instrument was acknowledged before me this 2�ay of 'kov P 2003, by Robert O. Klein in his capacity as President of Western Slope Development Corp.,, a .,r„ Western Slope Development Ltd., a Mississippi corporation. ,ti,Lo �c Witness my hand and official seal. My commission expires: ivatary Public W ESTERFJStAPE•Povrcr7int Amended cnvuants.doc