Berkshire Village Neighbors

COVENANTS

AMENDMENT TO PROTECTIVE COVENANTS June -1, 1983

Recorded at 3:08 o'clock June - 1, 1983 ~
MARJORIE PAGE, Recorder

Book 3877 page 59

AMENDMENT TO PROTECTIVE COVENANTS

WHEREAS, BERKSHIRE VILLAGE ASSOCIATES, a Kansas Limited
Partnership (hereinafter referred to as "Declarant") is the owner
of the following described real property:

Lots Block
1-8 1
1 2
1-13 3
1-30 4
1-22 5
1-14 6

Berkshire Village Subdivision, Filing No. 1, according to the
recorded plat thereof, County of Arapahoe, State of Colorado
(hereinafter referred to as the "Property", provided that use of
the word "Property" in these Covenants shall include such
additional property as may hereafter be annexed by Declarant to
these covenants pursuant to Article II, Section 4 hereof).

WHEREAS, protective covenants were recorded pertaining
to property on the 24th day of August, 1978, in Book 2837 at Page
348 in the offices of the Clerk and Recorder of the County of
Arapahoe, State of Colorado (the "Prior Covenants"); and

WHEREAS, Declarant desires to subject the Property to
restrictions in addition to those contained in the Prior Cove-
nants for purposes of maintaining the Property as a first-class
residential neighborhood.

NOW, THEREFORE, Declarant, for itself, its grantees,
successors and assigns hereby declares, imposes and establishes
the following additional conditions and protective covenants with
respect to the Property, as follows:

Section 11. Land Use

11.1 Land Use and Building Type. No lot shall
be used for anything other than residential purposes, except that
Declarant or his designees may use lots and residential dwellings
for offices and model show homes, storage facilities, field
construction offices and general business offices until such time
as Declarant or its assigns shall have completely divested
themselves of any ownership or leasehold interest in the Property
or any portion thereof. No building, except as here in above
provided, shall be erected, altered, placed or permitted to
remain on any lot other than one detached single-family dwelling
and a private garage for not more than three cars, and such other
structures approved by the Architectural Control Committee in
conformance with the standards indicated in Paragraph 12.2.C
hereof.

11.2 Easements. Easements for installation
and maintenance of utilities are reserved as shown on the
recorded plat or the other duly recorded instrument(s). Within
these easements no structure, planting or other material shall be
placed or permitted to remain which may damage or interfere with
the installation and maintenance of utilities, or which may
change the direction of flow of drainage channels in the ease-
ments or which may obstruct or retard the flow of water through
drainage channels in the easements. The easement area of each
lot and all improvements in it shall be maintained continuously
by the owner of the lot, except for those improvements for which
a public authority or utility company is responsible.

RevofProCo/97







BOOK 3877 page 60

Section 12. Architectural Control.

12.1 Architectural Control Committee. The
Architectural Control Committee (the "Committee") is initially
composed of Roy E. Daly, Paul Thomas and Brian Daly of Aurora,
Colorado, whose terms shall expire upon the date when all of the
lots governed by these covenants have been sold and conveyed by
Declarant. Notwithstanding the foregoing, so long as Declarant
owns any portion of the Property, Declarant may, from time to
time, at its election, change the membership of the Committee.
The act of a majority of the Committee shall be binding, and a
majority of the Committee may designate a representative to act
for it. in the event of the death or resignation of any member
of the Committee, the remaining members shall have full authority
to designate a successor. At any time subsequent to the date on
which Declarant has sold and conveyed all of the lots governed by
these covenants, the then record owners of a majority of the lots
shall have the power through a duly recorded instrument to elect
members to the Committee or change the membership of the Com-
mittee. Neither the members of the Committee nor its designated
representative shall be entitled to any compensation for services
performed pursuant to these covenants. Declarant, for itself,
its successors, transferees and assigns, hereby releases and
waives any and all claims against the members of the Committee
for acts or omissions done in good faith arising out of their
service on the Committee.

12.2 Architectural Control Procedures.

(a) Structures. No building, fence,
wall or other structure shall be commenced, erected or maintained
upon the Property, nor shall any exterior addition, change or
alteration thereto be made until plans and specifications showing
the nature, kind, shape, height, materials, and location of the
same shall have been submitted to and approved (as provided in
Paragraph 12.2.C hereof) as to harmony of external design and
location in relation to surrounding structures and topography, by
the Committee. A copy of such plans and specifications as
finally approved shall become the property of the Committee.

(b) Approval. The Committee shall have
the right to refuse to approve any such plans and specifications
or grading or landscaping plans which are not suitable or
desirable in the Committee's opinion, for aesthetic or other
reasons, and in so passing upon such plans, specifications and
grading and landscaping plans, the Committee shall have the right
to take into consideration the suitability of the proposed
building or other improvements, and of the materials of which it
is to be built, to the site upon which it is proposed that such
building or other improvements will be erected, the harmony
thereof with the surroundings, the topography of the land and the
effect of the structure or other improvements, as planned, on the
outlook from adjacent or neighboring property and with the
general residence plan of the Property.

-(c) Procedure. The Committee's approval
or disapproval as required in these covenants shall be in
writing. A stamped or printed notation, initialed by a member of
the Committee, affixed to any of the plans and specifications
submitted shall be deemed a sufficient writing. However, the
Committee shall not be required to maintain records of plans
submitted. Approval by the Committee shall be conclusive
evidence of compliance with these covenants provided that the
improvements are constructed in substantial compliance with the
plans as approved. Until such time as Declarant has conveyed all
of the lots in the Property, all plans must be submitted to 5300 S.
DTC Parkway, Suite 220, Englewood, Colorado 80111, or at such
other address as may hereafter be designated by Declarant. After

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BOOK 3877 page 60






Declarant has conveyed all portions of the Property, no plans
shall be accepted at such address nor shall any submission be
required unless the then record owners of a majority of the lots
shall, through a duly recorded instrument, designate Committee
members and an address to which plans must thereafter be sub-
mitted. In the event the Committee, or its designated repre-
sentative, fails to approve or disapprove within thirty (30) days
after a complete submission of plans and specifications has been
received by the Committee or, in any event, if no suit to enjoin
construction has been commenced prior to the completion thereof,
approval shall not be required and the related covenants shall be
deemed to have been fully complied with.

(d) Exterior Paint Colors. The exterior
of a structure shall not be painted or repainted without the
prior written approval of the Architectural Control Committee as
to the proposed color or colors and exterior area(s) of the
structure to be painted or repainted, provided that such prior
written approval shall not be required if the paint color(s) and
area(s) to be repainted are identical to the area(s) already
painted and color(s) of the paint on the structure at the time of
such repainting and the same were previously approved by the
Architectural Control Committee or placed on the structure by
Declarant or its agents. No approval for painting or repainting
will be given unless a sample of the proposed paint color is
submitted with the request.

Section 13. Use Restrictions.

13.1 Building Materials. No building material
of any kind or character shall be placed upon any lot except in
connection with construction, alteration or improvement approved
as herein provided. As soon as building materials are placed on
any lot in such connection, construction shall be promptly
commenced and diligently prosecuted.

13.2 Temporary Structures. No structure of a
temporary character including but not limited to a house trailer,
tent, shack, detached garage, barn or other outbuilding shall be
used on any lot at any time as a residence either temporarily or
permanently.

13.3 Clotheslines and Storage. No clothes-
lines, drying yards, dog runs, service yards, wood piles or
storage areas shall be so located as to be visible from a street.

13.4 Repair. Any activity such as, but not
limited to, maintenance, repair, rebuilding, dismantling,
repainting, or servicing vehicles of any kind must be performed
within an enclosed garage or behind fences, or other screen
acceptable to the Committee, on the lot which screens the sight
and sound of the activity from all streets and from adjoining
property. The foregoing restriction shall not be deemed to
prevent washing and polishing of such motor vehicle, boat,
trailer, or motor-driven cycle together with those activities
normally incident and necessary to such washing and polishing.

13.5 Garages. Garage doors must remain in a
closed position when garage is not in use.

13.6 Storage Tanks. No elevated or exposed
tanks of any kind shall be erected, placed or permitted upon any
site.








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BOOK 3877 PAGE 62





13.7 Antenna. No exterior television, "C.B."
or other antenna or other reception or transmission facility
shall be permitted that is visible from any site across the
street or from the streets.

13.8 Fences. No chain-link fences may be
erected or maintained on any lot within the Property.

13.9 Maintenance of Grade and Drainage. Each
owner shall maintain the grading upon his lot at the slope and
pitch fixed by the final grading thereof, including landscaping
and maintenance of the slopes. Each owner of a lot in the
Property agrees for himself and his assigns that he shall not in
any way interfere with the established drainage pattern over his
lot from adjoining or other lots in said tract. In the event it
is necessary or desirable to change the established drainage over
his lot, he shall submit a plan in accordance with Section 2.2
that makes adequate provisions for proper drainage for approval
of the Architectural Control Committee. For the purpose hereof,
"established" drainage is defined as the drainage, which exists at
the time final grading of each lot subject hereto is completed by
the Declarant.

13.10 Exterior Lighting. Any exterior lighting
installed on any lot shall either be indirect or of such con-
trolled focus and intensity as not to disturb the residents of
adjacent lots.

13.11 Sight Distance at Intersections. No
fence, wall, hedge or shrub planting, which obstructs sight lines
at elevations between two and ten feet above roadways shall be
placed or permitted to remain on any corner lot within the
triangular area formed by the street curb and gutter lines and a
line connecting them at points 20 feet from the intersection of
the street lines or, in the case of rounded property corner, from
the intersection of the street curb and gutter lines extended.
No tree shall be permitted to remain within such distance of such
intersections unless the foliage line is maintained at sufficient
height to prevent obstruction of such sight lines.

13.12 Landscaping. The initial owner of each
lot within the Property, by the acceptance of a deed from
Declarant, hereby covenants and agrees that within nine (9)
months of the date of conveyance of his lot, he shall submit to
the Committee for approval a landscaping plan for his lot showing
the proposed placement of all sod or other ground cover, hedges,
shrubs, trees or other planting materials to be located on the
lot and that he shall substantially complete installation of said
landscaping within said nine (9) month period. If any lot owner
shall fail to comply with the foregoing landscaping requirements
within the time limits set forth above, Declarant hereby reserves
to itself, its successors and assigns, the right, upon thirty
(30) days' notice to the lot owner, to enter upon any such lot
and install sod and other ground cover. If Declarant exercises
the foregoing right of entry, the lot owner shall be liable to
Declarant for the full cost of such sod or other ground cover,
costs of labor and all other expenses of Declarant in connection
with installing such sod and all other ground cover, including
but not limited to court costs and attorneys' fees in connection
with the collection of Declarant's costs and expenses payable by
the lot owner hereunder.

13.13 Nuisances. No noxious or offensive
activity shall be carried on any lot, nor shall anything be
done thereon which may become an annoyance or nuisance to the
neighborhood.

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B00K, 877 page 63

13.14 Garbage and Refuse Disposal. No
garbage, refuse, rubbish or cuttings shall De deposited on any
street. No garbage, refuse, rubbish or cuttings shall be
deposited on any lot, unless placed in a suitable receptacle
suitably located, solely for the purpose of garbage pickup. All
equipment for the storage or disposal of such material shall be
kept in a clean and sanitary condition.

13.15 Automobiles, Boats and Trailers. Except
as hereinabove provided, no trailer, boat, motor home, mobile
home, camper or similar recreational vehicle shall be stored,
maintained or used in the street, front yard or driveway of any
lot. Subject to the prior written approval of the Architectural
Control Committee, any of said vehicles may be stored in the rear
or side yard on a lot provided that adequate access is available
and that adequate fencing or screening approved by the Archi-
tectural Control Committee is constructed to screen any such
vehicle from view. No maintenance, repair, rebuilding, dismant-
ling, repairing or servicing vehicles of any kind shall be
performed on any lot except within an enclosed garage or behind
fences or other screen acceptable to the Architectural Control
Committee.

13.16 Rooftop Appliances. No air conditioning
units, evaporative coolers or similar appliances shall be
permitted upon the roof of any dwelling unless same are installed
in such manner so as not to be visible from any lot across the
street or from any street, unless otherwise approved by the
Architectural Control Committee.

13.17 Signs. No advertising signs or bill-
boards shall be placed or maintained upon any lot except the
stone marker hereinafter described and except for one neatly
painted "For Sale" or "Open House" sign not larger than five (5)
square feet. No "For Rent" or "For Lease" signs shall be placed
or maintained on any lot. Notwithstanding the foregoing, signs,
advertising and billboards used by the Declarant in connection
with its sale or rental of the Property or residences located
thereon, or otherwise in connection with its development of the
Property shall be permissible.

13.18 Animals. No animals, livestock, poultry
or insects of any kind shall be raised, bred, kept or boarded on
any lot; provided, however, that no more than three (3) dogs,
cats and/or other household pets may be kept within the dwelling
on any lot so long as they are not kept for any commercial
purpose. No household pets shall be kept in such manner as to
create a nuisance to other owners, nor shall any household pet be
kept within the Property except as attended by an owner holding a
leash or otherwise within a fenced in rear or backyard area
approved by the Architectural Control Committee.

13.19 Oil or Mining operations. No oil
drilling, oil development operations, oil refining, coring or
mining operations of any kind shall be permitted at any location
within the Property nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted on any location within the
Property. No derrick or other structure designed for use in
drilling for oil or natural gas shall be erected, maintained or
permitted within the Property.

Section 14. Special Provisions.

14.1 Fences. It is anticipated that Declarant will construct a cedar fence on the portions of those lots within the Property which abut East Yale Avenue; specifically, Lot 1, Block 1 and Lot 1, Block 3 thereof, and that Declarant will stain the wood from which the fence is constructed prior to the conveyance of either lot to the initial owner thereof. Each
owner of either of the foregoing two lots shall be deemed to
covenant, by the acceptance of a deed for his lot, to maintain
and repair said fence from time to time, including but not
limited to the restaining of such fence.

14.2 Markers. In addition to constructing the
fence as herein above described, it is anticipated that Declarant
shall also install on each of the foregoing two lots a stone
marker evidencing the entrance to the Property. The owner(s) of
each of such lots shall be deemed to covenant, by the acceptance
of a deed or other instrument of conveyance of such lot, to
maintain the marker on his lot and to keep said marker insured in
an amount equal to the full replacement value thereof.

14.3 Enforcement. The purpose of the installation of the foregoing
fences and Markers is to enhance the value
of the Property. Accordingly, failure to comply with the
foregoing provisions of this Section 14 shall be deemed to result
in injury to the owners of all lots within the Property and not
be limited to the specific lots upon which such improvements are
installed or constructed. In the event of the failure of the
owner(s) of either of the foregoing two lots to repair, maintain
and/or insure the foregoing fences and markers, the owners of the
other lots within the Property shall be entitled, upon thirty
(30) days' written notice to the owner(s) of the neglected
lot(s),to enter upon said lot(s) and perform such maintenance
and repair upon such fences or markers. The owner(s) of the lots
upon which said improvements exist shall be fully responsible for
all costs and expenses of the entering owners, including all
reasonable attorney's fees in connection therewith.

Section 15. General Provisions.

15.1 Enforcement. Enforcement of these
covenants shall be by proceedings at law or in equity against any
person or persons violating or attempting to violate any cove-
nant, either to restrain violation or to recover damages.
Failure by any person to enforce any covenant or restriction
herein contained shall in no event be deemed a waiver of the
right to do so thereafter. Notwithstanding anything to the
contrary contained in these Protective covenants, neither
Declarant nor any of its directors, officers or employees shall
have any duty to enforce or seek enforcement of any provision of
these Protective covenants, nor shall Declarant or any of its
directors, officers or employees be held liable for any failure
to enforce or seek enforcement of any provision of these Protec-
tive covenants.

15.2 Severability. Invalidation of any one of
these covenants or restrictions by judgment or court order shall
in no way affect any other provisions which shall remain in full
force and effect.

15.3 Amendment. These covenants, and each
provision hereof . shall run with and bind the Property, for a
term of twenty (20)years from the date these covenants are
recorded, after which time they shall be automatically extended
for successive periods of ten (10) years each. These covenants
may be amended during the first twenty (20) year period by an
instrument signed by the owners of not less than ninety percent
(90%) of the lots, and thereafter by an instrument signed by a
majority of the then lot owners. Any amendment must be recorded.








15.4 Annexation. From time to time, as herein-
after provided, Declarant may subject additional property within
Arapahoe County, Colorado, to these covenants. Such additions,
if any, shall be effected by having one or more supplements to

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BOOK 3877 page 65

these covenants, executed by Declarant and containing a legal
description of the property subject thereto, recorded, in
Arapahoe County, Colorado, on or before January 1, 1988. Each of
such supplements shall subject the property described therein to
all of the terms and provisions of these covenants, provided that
each of such supplements may modify these covenants as to the
property described in such supplement by deletion, addition or
amendment hereto.

15.5 Conflict of Provisions. In the event
that the provisions of this Amendment to Protective Covenants
conflicts with, varies from or modifies the provisions of the
Prior Covenants, the provisions of this amendment shall control
and the provisions of the Prior Covenants shall be so amended or
modified.

IN WITNESS WHEREOF, the undersigned, being the Declarant
herein, has hereunto set its hand and seal this 151h day of
- March , 1983.

BERKSHIRE VILLAGE ASSOCIATES,
a Kansas Limited Partnership

By: Roy E. Daly Construction
Corporation, a Colorado
Corporation, as General Partner

By:
Vice President

STATE OF COLORADO
ss.
COUNTY OF -Denver

The foregoing instrument was acknowledged before me this
15th day of March 1983 by Brian P. Daly
as Vice President of Roy E. Daly Construction Corporation,
a Colorado corporation, as General Partner of BERKSHIRE VILLAGE
ASSOCIATES, a Kansas Limited Partnership.

WITNESS my hand and official seal.

My Commission expires: November 1, 1986

Notary Public
Address: 5300 South DTC Parkway #220
Englewood, CO 80111