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HomeMy WebLinkAboutRIVERSIDE SHOPPING CENTER, LOT 1, 1075 PENNOCK PL. - BASIC DEVELOPMENT REVIEW - BDR180014 - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTS (2)(iv) Declarant has reserved the right to supplement this Declaration (within preseribed dates) by specifically allocating a portion of the assessment obligation established hereby and the voting rights granted hereunder to the Owner or Owners of additional Lots which may be made subject to the terms of this Declaration, all as set forth in Article 13 hereof. (v) Declarant has granted to the Association the authority to supplement this . Declaration from time to time to modify the voting, ownership and assessment rights and obligations of Owners in the event of an increase or decrease in the gross leaseable square footage of the Building(s) constructed upon a particular Lot, all as set forth in Article 13 hereof. NOW, THEREFORE, in consideration of the premises, the provisions hereinafter contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Declarant and/or any parties consenting hereto hereby publish and declare that the following terms, covenants, conditions, easements, restric- tions, uses, rights-of-way, reservations, limitations and obligations shall be deemed to run with the land, encompass the Property and be a burden and benefit to Declarant, its grantees, successors and assigns and any person acquiring or owning an interest in the real property and Improvements thereon which is subject to this Declaration, their grantees, successors, heirs, executors, administrators, devisees and assigns. 1. DEFINITIONS As used in this Declaration, unless the context otherwise requires, the terms here- inafter set forth shall have the following meanings: 1.1 "Articles" or "Articles of IncoToration" means the articles of incorporation of the Association. 1.2 "Association" means the Riverside Shopping Center Owners Association, a Colorado nonprofit corporation, its successors and assigns, the Articles and Bylaws of which, as herein defined, along with this Declaration, shall govern the administration of the Project, the members of which shall be all of the Owners. 1.3 "Board of Directors" or "Board" means the governing body of the Association. 1.4 "Building" shall mean and refer to any single or multi-story structure con- structed on a Lot for occupancy by an Owner or such Owner's tenants or assigns, for restaurant, retail or commercial purposes. 1.5 "Bylaws" means the bylaws of the Association. 1.6 "Common Area" shall mean and refer to all real property or any interest in real property owned by the Association from time to time for the common use and enjoyment of the Owners, together with any Improvements, personal property or facilities situated thereon. The Common Area shall also Include rights-of-way, easements or other similar Association rights in, to, under, on, through or across the -2 - Property for private streets, driveways, access ways, pedestrian walkways, green belt, landscaped areas or plazas, loading zones and parking areas owned or controlled by the Association or for which the Association has the right or duty of maintenance, repair or other administrative obligations for the use of Owners and their Guests, whether inside or outside of Lot lines. Furthermore, except as otherwise provided erein, the term Common Area shall mean and include all Limited Common Areas. The Common Area shall be conveyed by Declarant to Association by Special Warranty Deed free and clear of any encumbrances on December 31, 2006, or such earlier date as Declarant shall determine in its sole discretion. The Common Area shall consist of that portion or portions of the Property, from time to time, upon which no Lots have been located or established in the manner provided herein; provided, however, that the Common Area shall be fixed as of the date Declarant conveys same to the Association, without further change or modification. 1.7.1 all sums lawfully assessed against the Owners by the Board; 1.7.2 an allocated portion of reserve funds for the repair and replacement of the Common Area; 1.7.3 all expenses of administration, maintenance, insurance, repair or replacement of the Common Areas; 1.7.4 all expenses incurred by the Association in performance of its duties, rights and obligations under this Declaration; 1.7.5 all expenses declared Common Expenses by provisions of this Declaration or the Bylaws; and 1.7.6 all expenses agreed upon as Common Expenses by a majority vote of the Association members. "Condemnation Award" shall be as defined in Section 12.2 hereof. "Declarant" shall mean and refer to Reid L. Rosenthal, his successors and 1.10 "Declaration" means this Declaration of Covenants, Conditions and Restrictions, including all Recorded Amendments and Supplements thereto. 1.11 "First Mortgage" shall mean and refer to the unpaid debt and outstanding Mortgage encumbering a Lot having priority of Record over all other Recorded Mortgages encumbering such Lot. 1.12 "First Mortgagee" shall mean and refer to the Mortgagee or beneficiary under a First Mortgage. 1.13 "Guest" means any agent, employee, tenant, subtenant, guest, licensee or invites of tenant or subtenant of an Owner. installment of the annual assessment and the dates that the same are due and payable; (c) the amount and date of payment for any special assessments then existing against the Lot; and (d) any other information deemed proper by the Association and/or the Board of Directors. A properly executed certificate of the Association as to the status of assess- ments on a Lot is binding upon the Association as of the date of its issuance. 5.17 No Offsets. All assessments shall be payable in the amounts specified in the levy thereo me a nd i—o offsets or reductions thereof shall be permitted for any reason, including, without limitation, any claim of non-use of the Common Area or any claim that the Association, the Board of Directors, the Managing Agent or the Architectural Design Committee is or has not been properly exercising its duties and powers under this Declaration. 6. 6.1 Easements of Record. In addition to all easements, licenses and rights-of- way of Record at or before the Recording of this Declaration, the Property, and all portions thereof, shall be subject to the easements as shown on any Recorded Map affecting the Property, if any, and as provided for in this Declaration. 6.2 Utility Easements. There is hereby created for the benefit of the Declarant and the Association a general easement upon, across, over, in and under all of the Common Area for ingress, egress, installation, replacing, repairing and maintaining all utilities, including but not limited to water, sewer, gas, telephone, electrical and a master television or other communication or antenna system. By virtue of this easement, it shall be expressly permissible and proper for the companies providing electrical and telephone services to erect and maintain the necessary poles and other necessary equipment on the Common Area and to affix and maintain electrical and telephone wires, circuits and conduits on, above and across the roofs and exterior' walls of the Buildings. Notwithstanding anything to the contrary contained in this Section, no water, sewer, gas, telephone, electrical or antenna lines, systems or facilities may be installed or relocated on the Property except as initially approved by Declarant daring the development of the Project, or thereafter as approved by the Association. Should any utility company furnishing a service covered by the general easement herein created request a specific easement by separate document to be Recorded, Declarant shall have, and is hereby given, the right and authority to grant such easement upon, across or over any part of the Common Area or any lot (with the written consent of the Owner thereof) without conflicting with the terms hereof; provided, however, that such power shall in no way affect, avoid, extinguish or modify any other Recorded easement on the Property. 6.3 Easements for Maintenance. An easement is hereby granted to the Association, its officers, agents, employees and assigns, upon, across, over, in and under the Common Area together with the right to make such use of the Common Area as may be necessary or appropriate to perform the duties and functions which it is obligated or permitted to perform pursuant to this Declaration, including the right to construct and maintain on the Common Area maintenance and storage facilities for use by the Association. The Association shall also have a limited easement on such parts of each Lot (provided the Owner thereof consents in writing thereto) as may be necessary or appropriate for it to perform its obligations, rights or duties with respect to the Project //) in accordance with the provisions of this Declaration. Damage to any Improvements on a Lot or Building resulting from the maintenance, repair, emergency repair or replacement of any of the Common Area, or upon a Lot at the instance of the Association, shall be a Common Expense of the Owners and shall be allocated among the Lots pursuant to Paragraph 5.1 hereof. No diminution or abatement of annual assessments shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or Improvements or from action taken to comply with any law, ordinance or order of any governmental authority. Restoration of the damaged Improvements shall be substantially the same as the condition in which they existed prior to the damage. Notwithstanding the foregoing, if any such damage is the result of the carelessness or negligence of any Owner, then such Owner shall be solely responsible for the costs and expenses of repairing such damage. 6.4 Easements Deemed Appurtenant. The easements, uses and rights herein created for an Owner shall be appurtenant to the Lot of that Owner and all conveyances of and other instruments affecting title to a Lot shall be deemed to grant and reserve the easements, uses and rights as are provided for herein, even though no specific reference to such easements, uses and rights appears in any such conveyance. 6.5 Emergency Easement. A non-exclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance and other similar emergency agencies or persons, now or hereafter servicing the Project, to enter upon all streets, roads and driveways located in the Project, and upon the Common Area and the Lots, in the performance of their duties during emergencies. 6.6 Easements for Drainage. An easement is hereby granted to the Declarant and the Association, their officers, agents, employees, successors and assigns to enter upon, across, over, in and under any portion of the Common Areas for the purpose of changing, correcting or otherwise modifying the drainage of the Common Area so as to improve the drainage of water on the Common Area. 6.7 Easements for Restorations and Repairs. Each Owner and such Owner's contractors and agents, and the Association and its contractors, officers, agents, and employees shall have an easement onto adjoining Lots as is reasonably necessary for the restoration and repair of the Improvements and/or Building on such Owner's Lot; provided, however, that such Owner shall immediately repair, and be liable for any damage caused by any failure to immediately repair zny damage to such Lot or the Improvements or other property thereon resulting from the exercise of this easement. 6.8 Declarant's Rights Incident to Construction. Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon, under and across the Common Area and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incidental to the complete construction of the Project; provided, however, that no such rights shall be exercised by Declarant in such a way as to unreasonably interfere with the occupancy, use, enjoyment or access by any Owner, or such Owner's Guests to or from such Owner's Lot or the Common Area. 6.9 Easement for Access and Parking. There is hereby established a non- exclusive easement for all Owners and their guests for vehicle access and for parking consisting of not less than 28 parking spaces over the southern one-hundered shrty-five feet of Lot 1, Riverside Shopping Center Subdivision, Filing II, except for the southern most 56 feet thereof. Further, there is hereby established a non-exclusive easement -17- • for all Owners and their guests for vehicle access and parking over the northern 120 feet of the eastern 80 feet of Lot 2, Riverside Shopping Center Subdivision, Filing II. 6.10 Easements Deemed Created. All conveyances of Lots hereunder made, whether by Declarant or otherwise, shall be construed to grant the easements contained herein, even though no specific reference to such easements or to this Article appears in the instrument for such conveyance. 7.1 Committee. An Architectural Design Committee consisting of three (3) or more persons may be appointed by the Association's Board and shall be responsible to the Board. At any time when an Architectural Design Committee has not been appointed and acting hereunder, then the following duties and rights set forth in this Article 7 for the Architectural Design Committee shall be vested in the Board of Directors. 7.2 Purpose. The Board, or the Architectural Design Committee, if one then exists, shall regulate the external design, appearance and location of the Project, the Lots and of Improvements thereon in such manner as: to promote those qualities in the environment which bring value to the Project and the Lots; and to foster the attractiveness and functional utility of the Project as a commercial development, including a harmonious relationship among structure, vegetation and topography. 7.3 Architectural Aesthetic Requirements. In order to maintain the archi- tectural aesthetics of the Project, no Improvements, buildings, projections or other structures, and no walls, patios, planters or other similar Items shall be commenced, improved, constructed, maintained, erected, altered, if already in existence (specifically including the alteration painting and/or staining of the exterior of any Building), or remodeled; nor shall any grading, excavation, tree removal, planting and/or exterior addition, change or alteration, thereon be made until the plans and specifications ac- curately showing the nature, kind, shape, dimensions, materials, colors (Including color of paint or stain) and locations of the same shall have been submitted to and approved in writing by the Board or the Architectural Design Committee, if one then exists, which shall also have the right to review and approve landscaping plans. 7.3.1 Building Standards. Construction or alteration of all Buildings shall meet at least the following standards: A. Any Building, the plans for which are approved by the Architectural Design Committee, shall be of fire resistant construction. "Wood frame residential" type construction shall not be permitted. B. No heating, air conditioning, electrical or other equipment or apparatus shall be Installed on the roof of any Building or structure or hung on the exterior walls unless the same is screened, covered and installed in a manner which shall be first approved in writing by the Architectural Design Committee.