Article I

Covenants to Preserve the Residential Character of the Subdivision

Section 101 – Property Uses

All lots and Building Sites in the subdivision shall be used exclusively for private residential purposes. No dwelling erected or maintained within the Subdivision shall be used or occupied for any purpose other than for a single-family dwelling.

Section 102 – Structures

No structure shall be erected within the Subdivision except single-family dwellings and those Accessory Building and Accessory Structures which have been approved by the Approving Authority. No structure other than a dwelling with an attached or detached garage for a minimum of two cars, no Accessory Building and no trailer, tent or other similar or dissimilar temporary quarters may be used for living purposes. No other Structures may be placed on any Building Site before completion of the dwelling upon such Building Site except with the permission of the Approving Authority.

Section 103 – Construction

All construction shall be new. No prefabricated homes will be allowed, and all homes in Sawyer Ridge must be 100% site built. No building previously used at another location nor any building or Structure originally constructed as a mobile dwelling or Structure may be moved onto a Lot or Building Site except as expressly herein- after provided in Section 107 for temporary construction, sales or administration buildings, and except as provided in the following sentence. The Approving Authority, in its sole discretion, may permit a single-family residence, other than a mobile home, previously constructed at another location to be located on a Lot within the Subdivision, provided that such residence is installed on a permanent foundation, is in good condition, is compatible in quality and architecture with other homes in the Subdivision and is in compliance with Article II of these Covenants.

Section 104 – Storage

No building materials shall be stored on any Lot except temporarily during continuous construction of a building or its alteration or improvement.

Section 105 – Completion of Work

Completion of Work. A Structure shall not be occupied in the course of original construction until substantially completed. All construction work shall be prosecuted diligently and continuously from the time of commencement until fully completed.

Section 106 – Construction or Sales Offices

Temporary buildings for construction or administration purposes or for sales offices may be erected or maintained only by Declarant or with the permission of the Approving Authority. Model homes may be used and exhibited only by Declarant or with the permission of the Approving Authority. Temporary building permitted for construction or administration purposed or for sales offices shall be promptly removed when they cease to be used for these purposes.

Section 107 – Drilling Structures

No derrick or other Structures designed for use in or used for boring or drilling for water, oil or natural gas shall be permitted upon or above the surface of any Lot, nor shall any water, oil, natural gas, petroleum, asphaltum or other hydrocarbon substance be produced from any well located upon, in or under any Lot.

Section 108 – Easements

There are hereby reserved to Declarant, its successors and assigns, perpetual, alienable, divisible and releasable easements and the right from time to time to grant such easement to other over, under, in and across cach of the five foot strips along and adjoining each rear Lot Line of each Lot, and each of the five foot strips along and adjoining each side Lot Line of each Lot for the use of all or part of such area for lines for transmission of electric current or impulses or electronic signals, for heat and fuel lines, for water lines, for utility lines, for drainage and one or more of such purposes.

Section 109 – Underground Utilities

All utilities except lighting standards and customary service devices for access, control or use of utilities shall be installed underground. Existing overhead utility lines, in place and operational prior to development of this area shall be permitted to remain.

Section 110 – Business Uses

Business Uses. No business, profession or other activity conducted for economic gain shall be conducted on or within any Lot or Business Site, except for normal home-based businesses or home offices which can not be detected from outside the structure and do not involve any signage or create any customer or commercial traffic, except in the case property is sold exclusively for commercial purposes, and zoned accordingly.

Article II

Density, Setbacks and Quality Standards

Section 201 – Limitation on Dwellings

No more than one dwelling shall be erected or maintained within any Lot of Building Site.

Section 202 – Setback Area

All buildings and structures shall be placed upon the Lots in compliance with the setbacks and placements shown on the Special Area Plan. Any Lot that is not part of a Special Area Plan shall have setbacks that comply with the City of Pueblo Zoning Ordinance.

Section 203 – Dwelling Requirements

No dwelling shall be erected which, exclusive of basements below Garden Level, porches, patios, covered but unenclosed areas, garages and any attached Accessory Building, has a gross livable floor area of no less than as follows: “A” Lots are to be a minimum 2000 sq. ft. footprint and “B” Lots are to be a minimum 1350 sq. ft. footprint. All houses are to have a minimum of a two (2) car garage. See addendum A for list of “A” and “B” Lots.

Section 204 – Height Restrictions

No dwelling or other Structure shall be more than two (2) stories in height from front elevation.

Section 205 – Roofs

All roofs shall be as follows: A” Lot Roofs are to be of concrete tile and “B” Lot roofs are to be of Dimensional shingle or better.

Section 206 – Accessory Buildings

Any Accessory Building or Structure shall be of the same colors, and same materials, and harmonize in appearance with the dwelling situated on the same Lot.

Section 207 – Roof Projections

No aerial, antenna or microwave system for reception or transmission of radio, television or other electronic signals, or other roof projections, including but not limited to lightning rods and weather vanes, shall be maintained on the roof or any other exterior location of a building or Lot, unless fully screened in a manner approved by the Approving Authority so as not to visible at ground level from neighboring property of adjoining streets.

Section 208 – Owner Maintenance

Each Owner shall maintain the exterior of the dwelling, any Accessory Building and all other Structures, lawn and landscaping, walks and driveways, in good condition and shall cause then to be repaired as the effects of damage or deterioration become apparent. Exterior building surface and trim shall be repainted periodically and before the surfacing becomes weather-beaten or worn off.

Section 209 – Rebuilding or Restoration

Any dwelling or building which may be destroyed in whole or in part by fire, wind storm or from any other cause or act of God must be rebuilt or all debris must be removed and the Lot restored to a sightly condition, such rebuilding or restoration to be completed with reasonable promptness and in any event within six (6) months from the time the damage occurred.

Section 210 – Fences and Quality Standards

All fences shall be constructed of either stucco, cedar, or cement. Perimeter fencing as follows:Required fence to match cement pillars along bluffs for the following lots- Block 4 Lot 7 thru Block 4 Lot 15, Block 4 Lot 34 thru Block 4 Lot 39, Block 3 Lot 1 thru Block 3 Lot 13, and Block 3 Lot 49. Fencing along Bluff Lots must be completed by the time of “CO” status, and includes Block 1 Lot 11 thru Block 1 Lot 36, Block 4 Lot 1 thru Block 4 Lot 7. Fences shall be no more than (6) feet high. No other material may be used for fences unless previously approved by the Approving Authority. Except with approval from the Approving Authority, no fence or hedge more than (3) feet high shall be installed closer to an adjoining street than the dwelling or any other building located on the Lot is to the street. Along side streets of corner Lots, fences may be extended to the property line, but not into the right of way.

Section 211 – Design Guidelines

All Lots shall comply with the Design Guidelines.

Article III

Living Environment Standards

Section 301 – Building and Grounds

Conditions. Each Owner shall maintain the exterior of the dwelling, any Accessory Building, fence and all other Structures, lawns and Landscaping, walks and driveways, in first class condition and shall cause them to be repaired as the effects of damage or deterioration become apparent.

Section 302 – Garage Doors

Garage doors shall be kept closed except when being used to permit ingress and egress to or from the garage.

Section 303 – Maintenance Equipment

All maintenance equipment shall be stored in an enclosed Structure or otherwise adequately screened so as not to be visible at ground level from neighboring property of adjoining streets.

Section 304 – Refuse

No unsightly objects or materials, including but not limited to: ashes, trash, rubbish, garbage, grass or shrub clippings, scrap material or other refuse, or receptacles or containers therefore, shall be stored, accumulated or deposited outside or so as to be visible from neighboring property or adjoining street, except during refuse collections. After a period of two (2) weeks of continued violation of this Section 304, the Approving Authority shall have the right to enter upon the Lot involved and remove such unsightly objects or materials at the expense of the Owner. Such an entry shall not be deemed a trespass and the Owner shall be liable for all costs incurred relative thereto. Contractors shall contain construction debris during the construction process by using covers over construction dumpsters.

Section 305 – Nuisances

No noxious, offensive or hazardous activity shall be carried on upon any Lot not anything done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to the neighborhood. No annoying lights, sounds or odors shall be permitted to emanate from any living units or Accessory Buildings.

Section 306 – Sound Devices

No exterior speakers, horns, whistles, bells or other sound devices except security devices used exclusively for security purposes shall be located, used or placed on any Structure or within any Lot.

Section 307 – Landscaping

With in 120 days after completion of a dwelling or within any extension of that period granted by the Approving Authority, all yards and open spaces shall be Landscaped and thereafter maintained in lawn or Landscaping. Unless otherwise approved by the Approving Authority, at least fifty (50%) percent of the front yard area shall be covered with bluegrass lawn or its equivalent. For purpose of this section, the front yard is defined as the area of the Lot between the paved surface of any street adjacent to the Lot and the building setback line on the Lot.

Section 308 – Mowing and Pruning

In order to effect insect, weed and fire control and to prevent and remove nuisances, the Owner of any Lot upon which a building has not been constructed shall mow, cut and prune from the premises unsightly brush, and other unsightly growth and shall remove any trash which may collect or accumulate on the Lot.

Section 309 – Grading Patterns

No material change may be made in the ground level, slope, pitch or drainage patterns of any Lot as fixed by the original finish grading and the subdivision grading and drainage plan. Grading shall be maintained at all times so as to protect foundations and footings form excess moisture.

Section 310 – Transmitters

No electronic or radio transmitter of any kind shall be operated in or on any Structure or Lot, such a way as to cause Nuisance, inconvenience or interference to neighbors.

Section 311 – Animals

No animals of any kind shall be permitted which in the opinion of the Approving Authority makes an unreasonable amount of noise or odor is a nuisance.

Section 312 – Trailers, Campers, etc.

No boat, trailer, camper (on or off supporting vehicles), tractor, commercial vehicle, mobile home, motor home, any towed trailer unit or truck, excepting only pickups with or without bed toppers and passenger vans for the private use of the residents of a dwelling as primary transportation on a day-to-day basis, shall be parked within any Lot or Building Site except in a completely enclosed Structure such as a garage, or unless screened in a manner approved by the Approving Authority so not more than two (2) feet of the vehicle is visible above the enclosed at ground level from any neighboring property of adjoining street.

Section 313 – Unused Vehicles

No unused, stripped down, partially wrecked or junk motor vehicle or part thereof shall be permitted to be parked on any street or on any Lot in such a manner as to be visible at ground level from any neighboring property or street. An unused vehicle shall be any vehicle which is not properly licensed or registered or has remained immobile for more than a week as determined by the Approving Authority.

Section 314 – Signs

The only signs permitted on any Lot or Structure shall be:

• One sign of customary size for offering of the signed property for sale or for rent
• One sign of customary size for identification of the occupant and address of any dwelling
• Multiple signs for sale and administration purposes installed by, or with the permission of Declarant during development; (d) Signs as may be necessary to advise of rules and regulations or to caution or warn of danger
• Such signs as may be required by law.

Article IV

Architectural Control

Section 401 – Building Approval

No Structure shall be commenced, erected, placed, moved onto a Lot, permitted to remain on any Lot or altered in any way so as to materially change the Lot’s previously existing exterior appearance, except in accordance with plans, specifications and other information submitted to the Approving Authority and approved by the Approving Authority no more than one year before start of the construction, alteration or installation. Matters which require the approval of the Approving Authority include but are not limited to: the exterior appearance, material, color, height and location of each Structure, covering, drive, walk and fence, landscaping and grading of site. In granting or withholding approval, the Approving Authority shall consider among other things: compliance with the Design Guidelines, the adequacy of the materials for their intended use, the harmonization of the external appearance with the surroundings, the proper relation of the Structure or covering to the environment and to surrounding or covering will cause intrusions of sound, light or other effect on neighboring sites beyond those reasonably to be expected on a quality urban residential arca from considerate neighbors.

Section 402 – Plan Submissions

Plans Submissions. All plans, samples and other materials to be submitted to the Approving Authority shall be submitted in writing. Structure floor plan shall not repeat until every fifth (5) Lot. The minimum scale of these plans shall be one twentieth inch equals on foot. The plot plan in this minimum scale shall show the location of all buildings, drives, walks, fences and any other structure. Proposed new contours throughout the Lot and abutting street elevations on all sides shall be shown. Structure plans shall show all exterior elevations, and shall indicate and locate on each elevation the material to be used and designate cach exterior color to be used by the means of actual color samples.

Section 403 – Approval Process

All action required or permitted to be taken by the Approving Authority shall be in writing and any such written statement shall establish the action of the Approving Authority and shall protect any person relying on the statement. If the Approving Authority does not execute and acknowledge such a statement within thirty days after delivery of all the required materials to the members of the Approving Authority, the materials so delivered shall be deemed approved for the purpose of these Covenants. The Approving Authority will charge reasonable fees ($100.00) to cover expenses incurred on review of plans, samples and materials submitted pursuant to this Declaration, exclusive of reimbursement to the members of the Approving Authority for their services. The Approving Authority shall be entitled to retain one copy of all approved plans as part of its files and records.

Section 404 – Variances

Variances. The Approving Authority shall have the authority to grant for a Lot or Building Site a variance from the terms of one or more of Section 106, 202, 203, and 209 subject to terms and conditions which may be fixed by the Approving Authority and will not be contrary to the interests of the Owners and residents of the Subdivision where, owing to exceptional and extraordinary circumstances, literal enforcement of all of those Sections will result in unnecessary hardship. Following an application for variance:

• The Approving Authority shall within sixty (60) days after the request for the variance is delivered, determine whether to grant or deny the variance. If the Approving Authority fails to act on the request for a variance within sixty days, the variance shall be deemed denied. If a variance affects section 202, 203, and 209 above, then the Approving Authority shall call a meeting of Owners of Lots in the Subdivision that are within 300 feet of the subject property, notice of which meeting shall be given to the Owners at least ten (10) days in advance, at which meeting all Owners shall have an opportunity to appear and express their views.
• Whether or not anyone appears at the meeting in support of or in opposition to the application for variance, the Approving Authority shall within one week after the meeting grant or deny the variance.
• The Approving Authority shall determine whether or not a variance granted hereunder shall run with the Lots or Building Site for which granted on a case-by-case basis. If a variance is denied, another application for a variance for the same Lot or Building Site may not be made for a period of one year.
• Approving Authority shall not grant a variance unless the following conditions exist:
  • The variance will not authorize the operation of a use other than private, single-family residential use: owing to the exceptional and extra-ordinary circumstances, literal enforcement of the sections above enumerated will result in unnecessary hardship.
  • The variance will not substantially or permanently injure the use of other property in the Subdivision.
  • The variance will not alter the essential character of these Covenants.
  • The variance will not weaken the general purpose of these Covenants.
  • The variance will be in harmony with the spirit and purpose of these Covenants.
  • The circumstances leading the applicant to seek a variance are unique to the Lot or Building Site or its Owner, and are not applicable generally to Lots in the Subdivision or their Owners.

Section 405 – Composition of the Approving Authority

Declarant shall act as the Approving Authority until the earlier of: (i) the date when Declarant no longer owns any interest in any Lot within the subdivision; or (ii) the date when Declarant elects to assign its rights, powers and authority to act as the Approving Authority to the Governing Board of the Association, discussed below in Section 504. At the time that Declarant ceases to own any interest in any Lot within the Subdivision or at such earlier time as Declarant elects to make the assignment, Declarant shall execute and record in the real property records of Pueblo County, Colorado a document assigning the rights, powers and authority and delegating the functions and duties of the Approving Authority to the Governing Board. If the Declarant fails to record such a document within 10days after Declarant ceases to own any interest in any Lot within the Subdivision, then the Governing Board shall automatically be deemed to be Approving Authority for all purposes of these Covenants, and a document expressly assigning the rights, powers and authority and delegating the functions and duties of the Approving Authority shall not be required.

Section 406 – Liability

Members of the Approving Authority shall not be liable to any party whatsoever for any act or omission unless the act or omission is in bad faith and amounts to fraud.

Article V

Association

Section 501 – Formation of Association

There is hereby created an unincorporated association to be known as the Sawyer Ridge Owners Association (the “Association”). The Association is established for the following purposes:

• To enforce the provisions of these Covenants, in its own name or on behalf of its members, and to seek redress for the violation of any provision of these Covenants, by any and all remedies available at law or equity.
• Acting through the Governing Board to fulfill the duties and functions and exercise the rights, powers and authority of the Approving Authority and provided in these Covenants, after assignments to the Governing Board as provided in Section 405.
• To advance and promote the common interests of the Owners relating to the Subdivision.
• To perform other functions as may be determined by a majority of the Owners.

The Association shall have perpetual existence.

Section 502 – Membership

Each Owner shall automatically be a member of the Association. Only Owners of Lots shall be members of the Association. Each membership in the Association shall be appurtenant to the fee simple title to a Lot. The Owner of a Lot shall automatically be the Owner of the membership appurtenant to that Lot and ownership of the membership for the Lot shall automatically pass with fee simple to the Lot. If fee simple title to a lot is held by more than one person or entity, all such persons or entities shall be members. Association fees are $125.00 annually per developed lots.

Section 503 – Voting

The members of the Association shall have one vote for each Lot owned. The total number of votes held by all owners collectively shall be equal to the total number of Lots in the Subdivision. When more than one person or entity owns a Lot, the vote for such Lot shall be cast by one of such persons or entities designated by the Owners. In no event shall more than one vote or fractional votes be cast with respect to any one Lot. Members shall have the right to vote only on the members of the Governing Board as expressly provided in Section 504 and on other matters referred to the members by the Governing Board. A vote of the majority of all votes in the Association shall be required for approval or disapproval of, or action on, any matter placed before the Association for a vote.

Section 504 – Governing Board

The affairs of the Association shall be managed by a governing board composed of five individuals (the “Governing Board”). For as long as Declarant owns any interest in any Lot within the Subdivision, Declarant shall have the right to appoint all of the members of the Governing Board, and such members of the Governing Board need not own any interest in any Lot. At such time as Declarant no longer owns any interest in any Lot within the Subdivision, Declarant shall appoint five individuals, each of whom owns a real property interest in a Lot within the Subdivision, to act as the members of the Governing Board. Thereafter, whenever a member of the Governing Board shall resign, die or be unwilling or unqualified to act, the remaining members or remaining member, if only one, shall appoint a successor who owns, or successors who own, a real property interest in a Lot or Lots witching the Subdivision as members of the Governing Board, so as to fill the existing vacancies. Notwithstanding the foregoing, after such time as Declarant no longer owns any interest in any Lot within the Subdivision, or Declarant has ceased to exist, Owners of Lots in the Subdivision who hold a majority of the total votes of the Association may, through a duly recorded, written instrument executed by such Owners, change the members of the Governing Board, so long as the members of the Governing Board all own a real property interest in Lot or Lots within the Subdivision. Any appointment, removal or replacement of members of the Governing Board shall be by written instrument signed and acknowledged by Declarant or other person or persons above authorized to make appointment, removal or replacement and filed for record in the real property records of Pueblo County, Colorado.

Section 505 – Bylaws

The Governing Board may, upon approval of a majority of the members of the Governing Board, adopt, amend, alter or repeal bylaws or other rules or regulations relating to meeting of the Governing Board, meetings of the members of the Association and other matters concerning the governance or operations of the Association; provided, however, that no bylaw, rule or regulation shall conflict with the express provisions of these Covenants.

Article VI

General Provisions for Effect of the Covenants

Section 601 – Effects and Duration of the Covenants

The Covenants contained herein shall for the benefit of each and every Tract owner within the Property, their successors, representatives and assigns and shall be binding upon cach and every Tract owner within the Property, their successors, representatives and assigns and shall continue in full force and effect until December 31, 2010, at which time they shall be automatically extended for five successive terms of ten years cach unless amended as provided below.

Section 602 – Definitions

The following words and expressions as used in these Covenants have the meanings indicated below unless the context clearly requires another meaning:

• Accessory Building, Detached garages, storage sheds, patios, swimming pools, covers, enclosures, dressing rooms or other similar Structures, recreation facilities, separate guest houses without kitchens, separate scrvants’ quarters without kitchens and other buildings customarily used in connection with the single-family residence.
• Mailboxes. Tracts located in a cul-de-sac must have multi-plex pedestals for mail boxes. Bluff Lots must have individual stucco mail boxes.
• Building Site. A Lot as established by the recorded plat or the combinationof two or more Lots or portions thereof as approved by Declarant and aggregating not less than 5,000 square feet.
• These Covenants. This Declaration and the provisions contained in it.
• Declarant. Sawyer Ridge LLC, A Colorado limited liability company or any person or entity that succeeds to Sawyer Ridge LLC’s interest in the Subdivision.
• Design Guidelines. A document prepared by the Declarant that is intended to be a supplement to the Covenants. The Design Guidelines contain Covenant information and additional details intended to aid the Homeowner and/or Builder during the design and construction phase of the home. The Design Guidelines may be amended from time to time at the sole discretion of the Declarant. Homeowners and/or Builders are expected to comply with the Design Guidelines in effect at the time that the original building plans for their house are submitted to the Approving Authority. The Design Guidelines are incorporated here-in as a part of these Covenants by reference.
• Due Notice. Written notice delivered in accordance with the requirements of theses Covenants at least ten days prior to the action required by the notice.
• Garden Level. A level of floor space that has a floor to ceiling height of not less than eight feet and which has a ceiling that is not less than three feet above finished grade.
• Governing Board. The governing body of the Association, as described in Section 504.
• Landscape. The treatment of ground surface with live plant materials, wood chips, crushed stone, decorative rocks or mulch materials, or other decorative surfacing materials approved by the Approving Authority. For purposes of this definition, the word “Landscape” shall include all other forms of the word Landscape, such as Landscaped and Landscaping.
• Lot. Each area designated as a Lot in the recorded plats of the Subdivision.
• Lot Lines. Front, side and rear Lot Lines shall be the as defined in the zoning regulations of the City of Pueblo in effect from time to time.
• Owner. Person having fee simple legal title to a Lot. If more than one person has such title, all such persons are referred to collectively as “Owner” and shall exorcise their rights as an Owner through such one of them as they may designate from time to time.
• Structure. Any thing or device other than trees and Landscaping the placement of which upon any Building Site might affect its exterior appearance, including by way of illustration and not limitation, any dwelling, building, garage, porch, shed, greenhouse, driveway, walk, patio, swimming pool, tennis court, fence, wall, mail-box, outdoor lighting and lawn ornamentation. Structure shall also mean an excavation or fill the volume of which exceeds five cubic yards or any excavation, fill, ditch, diversion dam or other thing or device which affects or alters the natural flow of surface waters in any natural or artificial stream, wash or drainage channel upon or across any Lot.
• The Subdivision. The area subdivided as Sawyer Ridgc, Filing No. 1., according to the plat recorded in the office of the Clerk and Recorder of the County of Pueblo and State of Colorado, together with any additional land subjected to these Covenants pursuant to Section 610 below.

Section 603 – Captions

Captions, titles and headings in these Covenants are for convenience only and do not expand or limit the meaning of the section and shall not be taken into account in construing the section.

Section 604 – Approving

Approving Authority Resolves Questions of Construction. If any doubt or questions shall arise concerning the true intendment or meaning of any of these Covenants, the Approving Authority shall determine the proper construction of the provision in question and shall set forth in a written instrument duly acknowledged by the Approving Authority and filed for record with the Clerk and Recorder of Pucblo County, the meaning, effect and application of the provision. This definition will thereafter be binding on all parties so long as it is not arbitrary or capricious. Matters of interpretation involving Approving Authority shall not be subject to this Section 603.

Section 605 – Covenants Run with the Land

These Covenants shall run with the land and shall inure to and be binding on each Lot and upon cach person or entity hereafter acquiring ownership or any right, title and interest in any Lot in the Subdivision.

Section 606 – Covenants are Cumulative

Each of these Covenants is cumulative and independent. Each provision of these Covenants and may be constructed separately without reference to any other provisions.

Section 607 – Waivers

Except as these Covenants may be amended or terminated in the manner hereinafter set forth, they may not be waived, modified or terminated and a failure to enforce shall not constitute a waiver or impair the effectiveness or enforceability to recognize and agree that it is not the intent of these covenant to require constant, harsh or literal enforcement of them as a requisite of their continuing vitality and that leniency or neglect in their enforcement shall not in any way invalidate these Covenants or any part of them, nor operate as an impediment to their subsequent enforcement and each such person agrees not to plead as a defense in any civil action to enforce these Covenants that these Covenants have been waived or impaired or otherwise invalidated by a previous failure or neglect to enforce them.

Section 608 – Enforcement

These Covenants are for the benefit of the Owners, jointly and severally, the Approving Authority and the Association and may be enforced by action for damages, suit for injunction, mandatory and prohibitative, and other relief, and by any other appropriate legal remedy, instituted by one or more Owners, the Approving Authority, the Association or any combination of them. All costs, including reasonable attorneys’ fees, incurred by the Approving Authority in connection with any successful enforcement proceeding initiated by the Approving Authority (along or in combination with Owners) shall be paid by the party determined to have violated the Covenants. Any party exercising its right to enforce these Covenants shall not be required to post any bond as a condition to the granting of any restraining order, temporary or permanent injunction or other order. The rights and remedies for enforcement of this Covenant shall be cumulative, and the exercise of any one or more of such rights and remedies shall not preclude the exercise of any of the others.

Section 609 – Duration of Restrictions

Unless sooner terminated as provided in Section 609, the restrictions and other provisions set forth in these Covenants shall remain in force until the year 2025 and shall be automatically renewed for successive periods of ten years unless before the year 2025 or before the end of any ten year extension, there is filed for record with the Clerk and Recorder of Pueblo County an instrument stating that extension is not desired, signed and acknowledged by the Owners of a majority of the Lots in the Subdivision.

Section 610 – Termination and Amendment

All sections of these Covenants (except Article V) may be terminated at any time, and from time to time any section or sections of these Covenants (except Article V) may be amended or new sections may be added to these Covenants by an instrument signed and acknowledged by the Owners of at least two-thirds of the Lots in the Subdivision and filed for record with the Clerk and Recorder of Pueblo County.

Section 611 – Additional Fees

From time to time Declarant may include additional areas within the real estate subject to these Covenants. Such additions shall be effected by filing with the Clerk and Recorder of Pueblo County, Colorado, a supplemental declaration, together with a legal description designating the additional area to be included. All areas so added shall be subject to all these Covenants, and any references to the Subdivision in these Covenants shall automatically include such additional areas upon recording the supplemental declaration. Declarant may also impose additional restrictions on areas so added. All areas so added shall be within one-half mile of, and contiguous to, the Subdivision, and shall be residential Lots for a neighborhood similar in character and style to the Subdivision.

Section 612 – Enumeration Inclusive

A designation which describes parcels or other things as from one number, letter or other designation to another includes both such numbers, letters or other designations and all in between.

Section 613 – Gender and Number

Whenever the context permits, Owner or Owners shall be deemed to refer equally to person of both sexes and to corporations and to other entities, singular to include plural and plural to include singular.

Section 614 – Severability

If any of these Covenants shall be held invalid or become unenforceable, the other Covenants shall not be affected or impaired but shall remain in full force and effect.

Section 615 – Action in Writing

Notices, approval, consents, applications and other action provided for or contemplated by these Covenants shall be in writing and shall be signed on behalf of the party who originates the notice, approval, consent, application or other action.

Section 616 – Notices

Any writing described in Section 614, including but not limited to any communication from the Approving Authority to an Owner, shall be sufficiently served if delivered by mail or otherwise:

• To the dwelling situated on the Lot owned by that Owner
• If there is no dwelling, then to the address furnished by the Owner to the Approving Authority and if the Owner has not furnished an address, then to the most recent address of which the Approving Authority has a record.

Section 617 – Amendment

The Covenants, conditions and restrictions contained herein shall not be waived, abandoned, terminated or amended except by written consent of the Tract owners, including Declarant, of a majority of the Lots within the Property as described on the Tract Map attached hereto as Exhibit “B”. There is a total of 169 Lots within the Property. Therefore, a vote of the owners (one vole per Lot of at least 85 within the property would be required to constitute a “majority” vote. If Declarant has been dissolved or is no longer an actively operating entity or has otherwise sold all of its property holdings within the Property, then a vote of the owners of a majority of the Lots within the balance of the Property shall replace Declarant for any matters requiring the vote of the Declarant.