Riva Chase

Proposed Fourth Amendment showing amendments including deletions

Apr 01, 2004

Some Homeowners have requested that, for the Homeowners?’ convenience, those portions of the existing Covenants, Conditions and Restrictions of Riva Chase to be deleted by the Fourth Amendment be shown in conjunction with those being amended or added. Accordingly, the Proposed Fourth Amendment is shown below in its entirety along with the portions being deleted.

IMPORTANT: THIS CLARIFICATION IS FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT MODIFY, ALTER OR CHANGE IN ANY RESPECT THE PROPOSED FOURTH AMENDMENT MAILED ON OR ABOUT APRIL 10, 2004.

Riva Chase Board of Directors


Fourth Amendment to
Declaration and Supplementary Declaration of
Covenants, Conditions and Restrictions of
Riva Chase? (a/k/a/ Forest Hills Subdivision)
Jefferson County, Colorado

This Fourth Amendment to Declaration and Supplementary Declaration of Covenants, Conditions and Restrictions (?“Fourth Amendment?”) is made to be effective as of the date of recordation hereof in the office of the Clerk and Recorder of Jefferson County, Colorado, as more particularly provided in Section 23 of the Declaration and Article VII, Section 3 of the Supplementary Declaration. This Fourth Amendment has been executed and acknowledged by at least eighty percent (80%) of the Owners of the Lots shown upon the recorded plats of Riva Chase, as more particularly defined in Article I, Sections 6 and 8 of the Supplementary Declaration.

W i t n e s s e t h:

Whereas, the Declaration of Covenants, Conditions and Restrictions of
Riva Chase (a/k/a Forest Hills Subdivision) dated June 11, 1984, was recorded on June 18, 1984 under Reception No. 84056072 of the real property records of the County of Jefferson, State of Colorado (the ?“Declaration?”) and a Supplementary Declaration of Covenants, Conditions and Restrictions of Riva Chase dated June 11, 1984, was
recorded on June 18, 1984 under Reception No. 84056073 of the real property records of the County of Jefferson, State of Colorado (the ?“Supplementary Declaration?”); and

Whereas, the Declaration and Supplementary Declaration have previously been amended by the First Amendment to Declaration and Supplementary Declaration of Covenants, Conditions and Restrictions of Riva Chase dated as of June 12, 1987 and recorded June 16, 1987 under Reception No. 87078776 of the real property records of the
County of Jefferson, State of Colorado; by the Second Amendment to Declarations and Supplementary Declaration of Covenants, Conditions and Restrictions of Riva Chase (a/k/a Forest Hills Subdivision) dated as of April 18, 1988 and recorded May 23, 1988 under Reception No. 88049612 of the real property records of the County of Jefferson,
State of Colorado; and by the Third Amendment to Declaration and Supplementary Declaration of Covenants, Conditions and Restrictions of Riva Chase (a/k/a Forest Hills Subdivision) Jefferson County, Colorado dated as of December 13, 1991 and recorded December 11, 1991 under Reception No. 91115140 of the real property records of the
County of Jefferson, State of Colorado (the ?“First Amendment,?” ?“Second Amendment,?” and the ?“Third Amendment?”, respectively); and

Whereas, the purpose of the Declaration, Supplementary Declaration,
the First Amendment, the Second Amendment, the Third Amendment and this Fourth Amendment is to insure the attractiveness of the individual lots and the common areas of facilities within the Property, to prevent any future impairment thereof, to prevent nuisances, to preserve, protect and enhance the values and amenities of the Property, and to provide for the maintenance of the common areas and facilities; and

Whereas, it has been determined that the Master Declaration and Supplementary Declaration should be amended to provide and clarify that detached garages and outbuildings are not permitted structures within Riva Chase or on any Lot within Riva Chase; and

Whereas, Section 23 of the Declaration provides that the owners of lots within Riva Chase may change, alter, expunge or amend paragraphs 3 through 22 of the Declaration by recording an instrument indicating any such change, alteration, expungement or amendments signed by at least 80% of such Owners; and

Whereas, Article VII, Section 3 of the Supplementary Declaration (re-designated as Article VIII, Section 3 of the Supplementary Declaration by the Third Amendment) provides that the Owners of Lots may change, alter, expunge or amend the Supplementary Declaration, by executing an instrument indicating any such change, alteration, expungement or amendment signed by at least 80% of such Owners and further provides that amendment of these Covenants, Conditions and Restrictions shall not be effective until the instrument evidencing such change has been duly recorded and unless a written notice of the proposed change has been sent to every member of the Association at least 30 days in advance of any such action taken; and

Whereas, a copy of this Fourth Amendment has been sent to every member of the Association at least 30 days in advance of execution of this Fourth Amendment by any Owner.

Now, Therefore, the Owners of at least 80% of the Lots within Riva Chase hereby declare that the Declaration, Supplementary Declaration, First Amendment, Second Amendment, and Third Amendment are hereby amended as follows:

1. Section 15 of the Declaration is hereby deleted in its entirety and replaced by the following:

(DELETED:)
<<<<>>>>
(Deleted by Fourth Amendment.)

(REPLACED WITH: )
?“15. No temporary house, trailer, tent or other temporary outbuilding shall be placed or erected on any Lot and no dwelling shall be occupied in any manner at any time prior to completion.?  No detached garage or other outbuilding shall be permitted or constructed on any Lot. A detached garage is defined as a structure intended, designed, or available for use as a place for storage of automobiles, motor vehicles, boats, recreational vehicles, or the like, which is not attached to and an integral part of the primary residential structure on the Lot. A detached outbuilding is defined as any enclosed structure (i.e., walls and a roof) designed and/or utilized for, and/or capable of temporary or permanent human occupancy or storage of personal property. It is further defined as any structure which does not share a load bearing wall with the primary residence. Detached outbuildings do not include gazebos, porches, hot tub enclosures, or other similar structures which do not have walls. The connection of what would otherwise be a detached garage or outbuilding structure to the primary residence by a covered walkway or breeze way shall not be permitted.?” (Added by Fourth Amendment.)

2. Notwithstanding any provision to the contrary in the Declaration, Supplementary Declaration, First Amendment, Second Amendment, Third Amendment, or any other governing document of the Riva Chase Homeowners Association or Riva Chase community, the prohibition set forth in paragraph 1 above shall take precedence and any conflict between the provisions of paragraph 1 and any other Declaration or governing document of Riva Chase shall be controlled by the provisions of paragraph 1 above.

3.?  Article VI, Section 5 of the Supplementary Declaration is hereby deleted in it entirety and replaced by the following:

(DELETED:)
<<<>>>>
(Deleted by Fourth Amendment.)

(REPLACE WITH:)
?“Section 5. Neither the Architectural Control Committee or its members, nor the Homeowners Association, its officers or Board of Directors shall be liable in damages to anyone submitting plans to them for approval, or to any Owner by reason of mistake in judgment, negligence, or non-feasance arising out of, or in connection with the approval or disapproval or failure to approve any plans or specifications.?  Every Owner or other person who submits plans for approval agrees, by submission of such plans and specifications, that he will not bring action or suit against the Homeowners Association, its officers or Board of Directors to recover such damages.?” (Added by Fourth Amendment.)

4. Article VII, Section 1 of the Supplementary Declaration, is hereby amended by adding the following sentence to the end of the existing Section, ?“Failure to enforce any covenant or restriction shall not constitute a waiver to enforcement of that restriction in any other matter or situation and shall not constitute a precedent against future enforcement.?”

(WILL READ AS FOLLOWS W/ ADDITIONAL SENTENCE:)
?“Section 1. Enforcement. The Association or any Owner shall have the right to enforce the conditions, covenants, and restrictions contained herein by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of their right to do so thereafter. [[[Failure to enforce any covenant or restriction shall not constitute a waiver to enforcement of that restriction in any other matter or situation and shall not constitute a precedent against future enforcement.]]]?” (Bracketed portion added by Fourth Amendment.)

5. Except as amended hereby, all the terms and provisions of the Declaration and the Supplementary Declaration, as amended to date, shall remain in full force and effect.

In Witness Whereof, the above and foregoing Fourth Amendment to Declaration and Supplementary Declaration of Covenants, Conditions and Restrictions of Riva Chase, Jefferson County, Colorado has been executed by the Owners of at least 80% of the Lots within Riva Chase, as set forth below, to be effective upon recordation of this Fourth Amendment in the real property records of the County of Jefferson, State of Colorado.