WHEREAS, pursuant to Article XV of the Declaration, the Covenants are effective for a term of twenty-five (25) years from the date such Declaration was recorded and are to be automatically extended for successive terms of ten (10) years, unless changed; and
 
WHEREAS, the Article XV in the Declaration provides that the Covenants can be changed by an instrument signed by a majority of the owners of the Lots in Twin Rock Subdivision in accordance with the provisions of the Declaration; and

WHEREAS, the majority of the owners of the Lots in the Twin Rock Subdivision desire to change the Declaration in certain respects more fully set forth below and to affirm the continued effectiveness of the Covenants (as changed) for at least the first of the aforementioned ten-year terms; and

WHEREAS, Twin Rock Subdivision as originally recorded contained one hundred-twenty ­one (121) Lots, numbered consecutively from one through 121, inclusively, as  more fully set forth in the plat thereof recorded in the official records of the Clerk and Recorder in Teller County, Colorado; now

THEREFORE, by their signatures below, the owners of the Lots identified below by attachment to this Amendment (who constitute the majority of the Lots in Twin Rock Subdivision), hereby declare as follows:

A.  Because the Preamble of the Declaration is, as of the date of this Amendment, obsolete in that VACATION HOMES, INC., HAROLD JACK KRAETTLI and BETTY C. KRAETTLI, is no longer the owner of all the Lots in Twin Rock Subdivision as stated in the original Preamble, the Preamble shall be deleted in its entirety and a new Preamble shall be substituted therefore to read in its entirety as follows:

VACATION HOMES, INC., a Colorado corporation, has heretofore caused to be filed for record in the official records of the Teller County clerk and recorder located in Teller County, Colorado, the Plat Number of Twin Rock Subdivision.  All of the Lots in Twin Rock Subdivision have been conveyed to third-party owners, but prior to the first of such conveyances, VACATION HOMES, INC., then being the owner of all the Lots in Twin Rock Subdivision caused to be filed for record in Book 288 at Page 520 of the Records of Teller County, Colorado, a Declaration of Restrictive Covenants for Twin Rock Subdivision establishing protective covenants applicable to all of the Lots within Twin Rock Subdivision subject to provisions for change stated in paragraph XV of said Declaration.

The owners and persons whose names appear below, who are the successors to the rights of VACATION HOMES, INC., established in said Declaration, and pursuant to Paragraph XV of said Declaration, do hereby declare that all of the Lots and real property within said Subdivision shall be conveyed subject to and shall be acquired, used, and held subject to the fol1owing Covenants, and any person or entity acquiring any of the said property or any interest therein, either by purchase, gift, inheritance, foreclosure or otherwise shall acquire the same subject to the following covenants and by acceptance of any interest in said property  specifically agrees to be bound by said covenants and to conform to the same:

B. Covenant Articles

I.  COVENANTS ESTABLISHED; ASSESSMENTS; DEFINITIONS.  The Covenants shall be known as the Twin Rock Protective Covenants, hereinafter called "Covenants." These Covenants shall apply in their entirety to Lots 1 through 121, including redesignation or redefinition thereto, in the Twin Rock Subdivision, County of Teller, State of Colorado (hereinafter called "Subdivision”), as such Subdivision is set forth in the officia1 records of the clerk and recorder, Teller County, Colorado.

All owners of Lots shall become members of the Twin Rock Improvement Association, a Colorado non-profit corporation (hereinafter called "Association") and shall be subject to assessments as herein provided.

Qualifications for membership in the Association shall be ownership of a fee or undivided fee interest in a Lot in the Subdivision.  A Member in Good Standing shall be a Lot owner who is current in assessments.  Members in Good standing shall be entitled  to one vote. For purposes of these Covenants, Participating Property Owners shall be Members in Good Standing who vote at annual meetings or absentee Members in Good Standing who vote within thirty (30) days on proposed assessments and Covenant changes mailed to their Association address of record.

The purpose of the Association shall be to ensure, by the maintenance,  protection and enforcement of these Covenants, that the Subdivision is maintained for the benefit and enjoyment of Lot owners in the Subdivision.

All Lot owners shall be subject to assessments as fixed by the Board of Directors for operating expenses, capital improvements, and improvements to the Common Area as described in Section XV below, except that annual assessments, currently $75 (changed at the 2018 Annual Membership Meeting) Per Lot owner per year may be changed only by a vote of the majority of Participating Property Owners. (Amended 12/17/2018 with Teller County Clerk and Recorder, Reception No. 712443)

Assessments for the Current year shall be due and payable not later than August 31st of each year. Assessments not paid within thirty (30) days thereafter may be subject to provisions set forth in the Colorado Common Interest Ownership Act. (Amended 12/17/2018 with Teller County Clerk and Recorder, Reception No. 712443)

II   ARCHITECTURAL CONTROL COMMITTEE; DUTIES & AUTHORITY. There shall be an Architectural Control Committee (hereinafter called "Committee") comprised of the directors of the Association. The duties of the Committee shall be to receive and approve or disapprove all Structure Construction Plans, Specifications, Location of Structures on Lots, and Alterations or Additions to Existing Structures (all hereinafter called "Plans"), within the Subdivision. Property owners shall be required to submit Plans to the Committee at least 30 days prior to commencing construction.

A majority of the committee may designate a representative to act in its stead. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor.

At any time, a majority of the Participating Property Owners shall have the power through a duly recorded written instrument to change the membership of the Committee.

The Committee's approval or disapproval of Plans shall be in writing. In the event the Committee or its designated representative fails to approve or disapprove Plans or request additional information within thirty (30) days after Plans and specifications have been submitted. or in any event no suit to enjoin the construction has been commenced prior to the expiration of said 30 days, approval will not be required and related Covenants shall be deemed to have been fully complied with.

The current  mailing address of the Committee shall be the Architectural Control Committee, Twin Rock Improvement Association, Post Office Box 534, Divide, CO 80814.

III. USE OF LOTS; STRUCTURE RESTRICTIONS. No Lot shall be used except for residential purposes except as specifically stated in these Covenants.  No building shall be erected, altered, placed; and, existing family dwellings excepted,  permitted to remain on any Lot except one single family dwelling of a minimum of one thousand (1000) square feet which shall not exceed two (2) stories in height. Exceptions to this restriction shall be at the discretion of the Committee.

Only one (1) single family dwelling per Lot shall be permitted, except that any Lot which has been divided, redefined or redesignated or by vacation of lines has been included in another Lot, shall not thereafter be subdivided or further changed.

A private garage and a private stable for horses shall be permitted. Other structures may be permitted at the discretion of the Architectural Control Committee and shall be consistent with the use permitted in the Subdivision.

A Home Occupation/Business is permitted as long as there is no sign of a dedicated entrance where clients, deliveries or other such traffic is directed.  See Article VIII. for further restrictions of signage.  This Covenant is not intended to override the Teller County Land Use Regulations regarding Home Occupation addressed in Chapter 8, Special Review Use Permits, Section 8.3.O.  

Any marijuana grow or other related business is not permitted.  (Amended 12/21/2015 with Teller County Clerk and Recorder, Reception No. 684951)

IV. APPROVAL REQUIRED. No building or structure shall be erected, placed or altered on any Lot unless the construction plans, specifications, and location of the structure on the Lot have been approved by the Architectural Control Committee. Design and color scheme shall be required to be earth tones and approved by the Architectural Control Committee with natural and/or earth colors being encouraged. (Amended 8/12/2005 with Teller County Clerk and Recorder, Reception No. 583765)

V. SUBDIVIDED LOTS.  No Lot may be subdivided and built upon, except that one or more property owners may own one or more contiguous Lots and keep or divide the property between them. Vacation of property lines shall be encouraged.

VI.  PROHIBITED ACTIVITIES, OBJECTS. No noxious or offensive activity shall be conducted on any Lot, nor shall anything be done thereon at any time which may cause or cause to become an annoyance or nuisance to the neighborhood.

VII.  STRUCTURES.   No temporary or permanent structure, outbuilding,  recreational vehicle (RV), trailer, basement, tent, shack, garage, barn, mobile home,  modular home, or any other type of manufactured house not constructed on any Lot from the foundation using new building materials, or any other building shall be used on any Lot at any time as a temporary or permanent residence except during periods of construction, in which case residency shall not exceed twelve (12) months without approval of the Architectural Control Committee. (Amended 8/12/05 with Teller County Clerk and Recorder, Reception No. 583765 and Amended 11/02/05 with the Teller County Clerk and Recorder, Reception No. 587082)

VIII. SIGNAGE.   Political signs, private property signs, flags and flagpoles excepted, no sign shall be displayed to the public view on any Lot except one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sales period, or permanent signs which identify the property address and/or owner or resident.  Political signs shall be subject to Teller County codes, rules and regulations.  (Amended 11/03/05 with the Teller County Clerk and Recorder, Reception No. 587082)

IX. PROHIBITED OPERATIONS, EQUIPMENT.  No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted on any Lot, nor shall oil wells, tunnels, mineral excavations or shafts, or tank of any type or purpose (except propane) be permitted upon, in or on any Lot.  No derrick or other structure designed for use in drilling for oil or natural gas shall be erected, maintained or permitted on any Lot.

X. ANIMALS, STABLES, KENNELS.  No animals or livestock of any kind shall be raised, bred or kept on any Lot, except that horses, llamas, goats, dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for commercial purposes.  Up to twelve (12) chickens may be kept for personal use but no roosters are allowed.  Stables, coops, or kennels for animals shall be provided in the event said animals become a public nuisance, and such stables, coops, or kennels shall be maintained in a clean and sanitary condition with no waste accumulating on said property or the property of an adjacent owner.  Owners of stables, coops, kennels and Lots not in compliance with this provision shall be assessed a fine of $5.00 per day until such stable, coop, kennel or Lot is brought into Covenant compliance.  The fine shall be in the form of a recorded lien placed against the offending property.  The Association Executive Committee shall have sole discretion in determining whether a property owner is in compliance of this provision.(Amended 6/3/2005 with Teller County Clerk and Recorder, Reception No.580856 and Amended 12/21/2015 with Teller County Clerk and Recorder, Reception No. 684951 and Amended 10/23/2017 with Teller County Clerk and Recorder, Reception No. 701831)

XI.  TRASH, CONTAINERS, MATERIALS, VEHICLES.   No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in closed sanitary containers. For purposes of this Section, "closed sanitary container" shall mean that such containers shall be secured and safe from pilferage by domestic pets or wildlife such as bears or raccoons.

Incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Garbage containers, trash containers and propane tanks shall be adequately screened from view of neighboring properties. No trash, litter, junk, construction material, or unlicenced vehicles shall remain exposed on the premises and visible from neighboring properties and public roadways. Trash, litter, junk, construction materials or unlicenced vehicles left abandoned on vacant premises or Lot may be removed by the Association. Owner(s) of such premises or Lot may be assessed whatever charges are incurred by the Association in connection with such removal.

No vehicles, trailers or vehicular equipment shall be habitually parked along any public roadway. All motor vehicles, recreational vehicles, trailers or other rolling equipment which are visible from neighboring properties and public roadways shall be licensed in the current year. Owners of such vehicles shall be encouraged to park them in areas of least visibility.

XII.  TIMBER.   There shall be no removal of timber from any Lot except that which must be removed in connection with construction on the property, landscaping. or that which is consistent with good conservation practice as defined by the Colorado Forest Service.

XIII.  FIREARMS. The discharge of firearms in a careless or malicious manner on any Lot shall not be permitted.

XIV. EASEMENTS.  There shall be reserved a strip of land ten (10) feet wide running parallel to all side and back Lot lines as an easement for fire apparatus, utilities and utility maintenance.  For purposes of this Section. contiguous Lots under single ownership shall be considered as a single parcel.

XV. COMMON PROPERTY. An area of common property (hereinafter called "Common Area"), partially described as approximately six acres running roughly parallel with and on either side of a stream crossed by Teller County 43 nearest the entrance to the Subdivision from Highway 24, which legal description is recorded in Teller County, shall be maintained for the use and enjoyment of Subdivision property owners. Management of the Common Area shall be vested in the Association.

It shall be the mutual responsibility of Subdivision property owners to keep and maintain the Common Area free from lying or floating trash, debris and sewage. whether solid or liquid, from whatever source, and to prevent the Common Area from being changed or damaged in any way or part without the express permission or authorization of the Association officers.

Property owners and/or their children and guests who visit the Common Area shall be expected to remove whatever trash and debris results from such visits. Trash and debris not removed by such property owners may be removed by the Association at the expense of the property owner.

The Association shall have the right to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for beneficial purposes and subject to the conditions as may be agreed upon by the Association. No such transfer shall take place unless the instrument has been approved by a majority of the Participating Property Owners. Such instruments shall be recorded in Teller County.

XVI.  WAIVERS.  The Association, acting through its Board of Directors,  reserves the right to waive the application of any of the above restrictions in any instance where exceptional circumstances or conditions may exist, as determined solely by the discretion and judgement of said Association.  In order for such a waiver to be valid, it must (1) be approved pursuant to a resolution adopted at a duly convened meeting of the Board of Directors of the Association at which a quorum was present held not sooner than thirty (30) days after written notice of the requested waiver has been given to owners of Lots adjoining the Lot for which the waiver is requested; and (2) signed by a majority of the Board members then in office. Copies of such signed, written waivers must be provided also to the owners of adjoining Lots.

XVII. DURATION. These Covenants are to run with the land and shall be binding upon all parties for a period of ten (10) years from the date they are recorded, at which time said Covenants shall be automatically extended for successive periods of ten (10) years unless a majority of the Participating Property Owners agree in writing to change them in whole or in part  pursuant to Article XIX below.  All Covenant changes shall be recorded.

XVIII.  ASSESSMENTS, ENFORCEMENT & PROSECUTION.  Assessments, which are subject to provisions set forth in the Colorado Common Interest Ownership Act, shall be $75 per year, payable by August 1st.  Assessments are for the year gone by.  (Amended 08/12/2018 with the Teller County Clerk and Recorder, Reception No. 712442)

If any Lot owner or their assigns shall violate or attempt to violate any of the Protective Covenants herein, it shall be lawful for any other person owning any Lot situated in said Subdivision, or the Association, to prosecute under proceedings in law or in equity against the person or persons violating or attempting to violate any such Protective Covenant, either to prevent him, her or them from so doing and/or to recover damages for such violation.

The failure to enforce any right, reservation, restriction or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as the breach occurring prior to or subsequent thereto, and shall not bar or affect its enforcement.

If a judicial action becomes necessary to prohibit or enforce a Protective Covenant violation, and a violation is established, the violator(s) shall pay all costs of the enforcement proceedings, correction of the offense, and reasonable attorneys' fees. 

XIX. AMENDMENTS.   Amendments to these Covenants may be made at any time and shall be by majority vote of Participating Property Owners.  (Amended 11/03/05 with the Teller County Clerk and Recorder, Reception No. 587082)

XX.  EFFECTIVENESS.  The changes to the Covenants as stated above shall be effective for so long as the Declaration or the Covenants contained therein are effective unless changed in accordance with the provisions established herein.

The changes to the Covenants as stated above shall be deemed effective at 12:01 a.m. on March 19, 1997, regardless of any earlier recording of this Amendment.

This Amendment may be signed in several counterparts by the undersigned persons, and all counterparts shall be constructed together to constitute this Amendment.  Only the signature pages of each counterpart need be recorded to constitute the necessary majority.

XXI. INVALIDATION BY COURT ORDER.  Invalidation of one or more of these Covenants by judgment or court order shall not affect the other provisions which shall remain in full force and effect.

IN WITNESS WHEREOF, we, the undersigned persons, affix our signatures to this Amendment to evidence our consent to the matters stated herein and we each hereby declare that the signatures appearing under a given Lot Number(s) below constitute all of the record owners of such Lots as of the date below: (Signatures are recorded with this document with the Teller County Clerk)

This Document Was Originally Filed With The Teller County Clerk And Recorder, Cripple Creek, Colorado, on March 18, 1997, Reception No. 459737.

Signature pages of Participating Property Owners for Amendments recorded with the Teller County Clerk and Recorder, Cripple Creek, Colorado, after March 18, 1997, are kept on file with a current Board member of Architectural Review.

Before construction of any kind may begin on any lot, the application must be completed and submitted to the Architectural Control Committee, with all plans and specifications as outlined in Articles II, III, an IV of the Declaration of Protective Covenants. Application will be approved or disapproved within 30 days of submission.

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