ARTICLE 7 --- DECLARANT’S DEVELOPMENT RIGHTS, SPECIAL RIGHTS AND RESERVATIONS
Section 7.1 Period of Declarant’s Rights and Reservations. Declarant shall have, retain and reserve certain rights as hereinafter set forth with respect to the Association and the Property for a period of ten years after the date this Declaration is recorded in the real property records of Huerfano County, Colorado, or until such earlier date when Declarant ceases to own any of the Property. The rights and reservations hereinafter set forth shall be deemed excepted and reserved in each conveyance of property by Declarant, whether or not specifically stated therein, and in each deed or other instrument by which any property within the Property is conveyed by Declarant. The rights, reservations and easement hereinafter set forth shall be prior and superior to any other provisions of the Association Documents and may not, without Declarant’s prior written consent, be modified, rescinded, or affected by any amendment of the Association Documents. Declarant’s consent to any one such amendment shall not be construed as consent to any other amendment.
Section 7.2 Declarant’s Development Rights. For the period stated in Section 7.1, Declarant shall have the following development rights:
(a) Declarant may add real property to the Property, but only if the property to be added is adjacent to or surrounded by the real property descried on Exhibit A, or to the extent necessary to correct errors or omissions in the legal description contained in Exhibit A; (b) Declarant may create additional Lots within the Property; (c) Declarant may subdivide any Lot into two or more Lots; (d) Declarant may withdraw any portion of the real estate contained within the Property, as described on Exhibit A, from the Property and release such withdrawn property from the provisions of this Declaration.
Section 7.3 Special Declarant Rights. For the period stated in Section 7.1, and as more particularly set forth in this Article or elsewhere in this Declaration, Declarant shall have the following special Declarant rights: (a) to exercise any development rights set forth in Section 7.2; (b) to maintain anywhere within the Property (other than in Lots previously sold by Declarant), sales offices, management offices, signs advertising the Property and model homes; (c) to appoint or remove any officer of the Association or any member of the Board of Directors appointed by Declarant.
Section 7.4 Declarant’s Approval. Until Declarant no longer has any Lots in the Property the Association shall not, without first obtaining the prior written consent of Declarant, which consent shall not be unreasonably withheld: levy any Special Assessment; change or repeal any rules of the Association make any substantial reduction or change in Association services; or make any amendment of Association Documents.
Section 7.5 Grazing Rights. Notwithstanding the period stated in Section 7.1, Red Creek Ranch of Colorado, Inc. has reserved and does hereby reserve to itself (as assigned and/or transferred by it), whether or not it is Declarant, all grass, forage, and grazing rights on the Property except on any Lot as to which it is fenced out pursuant to Colorado law.
Section 7.2 Declarant’s Development Rights. For the period stated in Section 7.1, Declarant shall have the following development rights:
(a) Declarant may add real property to the Property, but only if the property to be added is adjacent to or surrounded by the real property descried on Exhibit A, or to the extent necessary to correct errors or omissions in the legal description contained in Exhibit A; (b) Declarant may create additional Lots within the Property; (c) Declarant may subdivide any Lot into two or more Lots; (d) Declarant may withdraw any portion of the real estate contained within the Property, as described on Exhibit A, from the Property and release such withdrawn property from the provisions of this Declaration.
Section 7.3 Special Declarant Rights. For the period stated in Section 7.1, and as more particularly set forth in this Article or elsewhere in this Declaration, Declarant shall have the following special Declarant rights: (a) to exercise any development rights set forth in Section 7.2; (b) to maintain anywhere within the Property (other than in Lots previously sold by Declarant), sales offices, management offices, signs advertising the Property and model homes; (c) to appoint or remove any officer of the Association or any member of the Board of Directors appointed by Declarant.
Section 7.4 Declarant’s Approval. Until Declarant no longer has any Lots in the Property the Association shall not, without first obtaining the prior written consent of Declarant, which consent shall not be unreasonably withheld: levy any Special Assessment; change or repeal any rules of the Association make any substantial reduction or change in Association services; or make any amendment of Association Documents.
Section 7.5 Grazing Rights. Notwithstanding the period stated in Section 7.1, Red Creek Ranch of Colorado, Inc. has reserved and does hereby reserve to itself (as assigned and/or transferred by it), whether or not it is Declarant, all grass, forage, and grazing rights on the Property except on any Lot as to which it is fenced out pursuant to Colorado law.
