Sage Covenants, Conditions, and Restrictions

FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS, AND RESERVATION OF EASEMENTS FOR THE SAGE



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Table of Contents
Recitals • Amendments • Maintenance Allocation • Design Guidelines

This FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS, AND RESERVATION OF EASEMENTS FOR THE SAGE

("Amendment"), is made and executed as of the date first written below on the signature page and is effective when recorded in the office of the Weber County Recorder by CW The Sage, LLC, a Utah limited liability company ("Declarant").

RECITALS

  1. Declarant is the fee title owner of the Property.
  2. On July 21, 2023, the Declaration of Covenants, Conditions, and Restrictions, and Reservation of Easements for Sage was recorded in the office of the Weber County Recorder as Entry No. 3291657 on Pages 1-65 (the "Declaration").
  3. Following the recordation of the Declaration, the Declarant and its affiliates determined it to be in the best interest of the Association to amend the Declaration to address, among other things, changes to the reinvestment fee and obligations of Unit Owners and the Association with respect to that certain Sewage Disposal System Plan (as defined and described herein).
  4. Declarant hereby desires to amend the Declaration as set forth herein.
  5. Under Section 12.2 of the Declaration, during the Declarant Control Period, the Declarant has the right to amend the Declaration without the consent of any other Owner. As of the effective date, the Declarant Control Period remains in full force and effect.
  6. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such capitalized terms in the Declaration.

AMENDMENTS

NOW, THEREFORE, for the reasons recited above and subject to the restrictions set forth below and established in the Declaration, the Declarant hereby adopts this Amendment. The Recitals above are incorporated into and made a part of this Amendment.

AMENDMENTS

  1. Section 5.12 of the Declaration is hereby amended as follows:

    5.12 Reinvestment Fee Covenant upon Sale or Transfer of Unit. The Board of Directors, or the Declarant during the Declarant Control Period, may require the transferor/seller or transferee/buyer to pay a fee related to the Transfer of a Unit (a "Reinvestment Fee") as provided for in Utah Code Ann. §57-1-46 in an amount, to the extent allowed by law, being the lesser of (a) 0.5% of the total value of said Unit and (b) two thousand five hundred dollars ($2,500). For purposes of this Section 5.12, a transfer is any change in the ownership of the Unit as reflected in the records of the Weber County Recorder, regardless of whether it is pursuant to the sale of the Unit or not but shall not include [specific exemptions]. The amount shall be established by the Board of Directors, or the Declarant during the Declarant Control Period, consistent with Utah Code Ann. §57-1-46 or in the Notice of Reinvestment Fee Covenant. The Association shall not levy or collect a Reinvestment Fee for any Transfer exempted by Utah Code Ann. §57-1-46. The Association shall have authority to record any notice required by law to effectuate this provision. The Association shall have the authority to enact Rules that may include requirements for Owners to provide sales and transfer documents, and other procedural requirements and rules as the Board of Directors deems appropriate to effectuate the terms of this provision in a prompt and reasonable manner.

  2. Section 9 is hereby amended by adding two additional subsections (new section 9.10 (included following the subsection titled Repair of improvements) and new section 9.11 (included before the subsection titled Restriction on Further Subdivision, Property Restrictions, and Rezoning, that now being labled as subsection 9.12)), as follows:

    9.10. Water Rights. Culinary water rights and connection fees have been paid by the Declarant to Huntsville Town, as the culinary water provider, and are included for each residential building Unit. Each Owner shall reimburse Declarant for the respective water rights and connection fees. Secondary water rights are included for each Unit and have been allocated proportionately based on Lot size through Huntsville Irrigation, the secondary water provider.

    9.11. Design Guidelines. To the extent applicable, each Owner shall abide by all provisions, obligations, requirements, and guidelines provided in those certain community design guidelines attached hereto as EXHIBIT E (the "Design Guidelines"), such Design Guidelines being incorporated hereinto, with respect to any projects, design work, or improvements undertaken on or within the Project. Should any terms or provisions provided in the Design Guidelines conflict with any terms of this Declaration, this Declaration shall control.

  3. Section 10 is hereby amended by adding one additional subsection (new section 10.5 (included following the subsection titled Easements for Encroachments and before the subsection titled VIEWS, that now being labled as subsection 10.6)) as follows:

    10.5. Sewage Disposal System Plan.

    10.5.1. As described more fully in the approved improvement drawings, the Property includes a sewage disposal system consisting of interconnected subsurface equipment and piping/sewer lines with p011ions installed in each individual Unit and others installed in the Common Area. Specifically, each Unit will include a low pressure grinder pump connected to the residence that will feed to an installed septic tank also included in the Unit (the "Unit Septic Tank"). The Unit Septic Tank will connect and flow to a larger septic tank installed in the Common Area through installed piping/sewer lines.

    10.5.2. As set fo11h in the maintenance allocation table attached hereto as Exhibit C, each Unit Owner shall be responsible and have the obligation to provide for the purchase, installation, maintenance, repair, and upkeep of that portion of the sewage disposal system described above to be included within the boundaries of the respective Unit. Specifically, each Unit Owner shall be responsible and have the obligation to provide for the purchase, installation, maintenance, repair, and upkeep of the low pressure grinder pump, the Unit Septic Tank, and all piping/sewage lines that are installed and connected within the boundaries of the said Unit. The Association shall be responsible and have the obligation to provide for the purchase, installation, maintenance, repair, and upkeep of of the larger septic tank installed in the Common Area as well as all piping/sewer lines and any other system infrastructure installed and connected in the Common Area.

  4. EXHIBIT C is hereby amended as follows:

EXHIBIT "C"


MAINTENANCE ALLOCATION TABLE


Improvement Owner Association Notes
A/C Pad & Unit X
Address Numbers X Subject to Board approval upon replacement.
Attic X
Cable/Satellite TV X Subject to Board approval.
Ceiling X
Circuit Breakers for Unit X
Common Area Amenities X
Door and Door Frames (Exterior) X Subject to Board approval upon replacement.
Door and Door Frames (Interior) X
Door Hardware/Doorbell X Subject to Board approval upon replacement.
Drains - Unit and Limited Common Area (Patio/Porch) X
Dryer Vent X X
Electrical Wiring/Panels X X
Exterior Wall Finishes X
Fencing - Project Perimeter X
Fencing - Lots and Limited Common Areas X Subject to Board/Design Review Committee approval.
Fireplace, Flue, and Vent Pipes - Cleaning and Repair X
Floor coverings X
Foundation - Structural X
Foundation - Cosmetic X
Furnace X Subject to Board/Design Review Committee approval.
Garage Doors - Repair and Replacement X
Gas Pipes (Meter to Unit interior) X
Hose Bib/Faucet/Spigot X
Hot Water Heater X
Insurance - Property X
Insurance - Loss Assessment X
Insurance - Deductible X Assess to Owners pro-rata according to losses.
Irrigation Lines/Heads - Common Area X
Landscaping - Common Areas X
Landscaping - Owner Maintained Areas/Limited Common Areas X
Lights - Exterior (Porch, Driveway, Garage, Wall Pack (Fixtures & Bulbs)) X
Limited Common Area - Patios, Porches and Decks (Repair and Replacement) X
Limited Common Area - Driveways X
Mailbox and Stand/Structure X
Mailbox Lock and Key X
Paint - Exterior Walls and Trim X
Paint - Exterior Doors and Garage Doors X
Paint - Interior X
Patio Slab X
Pest Control - Interior X
Phone Lines X
Open Space X
Plumbing Valves and Pressure Regulators X Owner: point of connection/meter to Unit and Association: before point of connection/meter.
Plumbing Main Line X Owner: point of connection/meter to Unit and Association: before point of connection/meter.
Plumbing Leak X Owner: point of connection/meter to Unit and Association: before point of connection/meter.
Plumbing Drainage X Owner: point of connection/meter to Unit and Association: before point of connection/meter.
Plumbing Interior Pipes X Owner: point of connection/meter to Unit and Association: before point of connection/meter.
Rain Gutters - Cleaning, Repair, and Replacement X
Rain Gutters - Drains away from Building X
Roof Repair and Replacement X
Screen Doors X Subject to Board/Design Review Committee approval.
Sewer Pipes and Utilities X
Sidewalks and Paths on Common Areas X
Sliding Glass Doors X
Snow Removal - Limited Common Areas, Driveways, Porches, and Sidewalks on Lots X
Snow Removal - Private Streets and Common Area Sidewalks X
Storm Drains X
Street Lights X X
Streets - Private X
Termites, Pests, Rodents, Insects, etc. X
Trash X
Vent Covers - Exterior X
Water - Culinary or Owner Maintained Landscaping X
Water - Common Areas X
Weather Stripping X
Windows - Glass, Screens, Frames, Boxes, and Wells X Subject to Board/Design Review Committee approval.
Sewage Disposal System - low pressure grinder pump, Unit Septic Tank, piping/sewer lines that are installed and connected within the boundaries of Unit X
Sewage Disposal System - larger septic tank installed and connected in the Common Area, piping/sewer lines installed and connected in Common Area and private right of way leading to Common Area, any other system infrastructure installed in the Common Area X

The Declaration is further hereby amended by adding the Sage Owners Association Design Guidelines, attached hereto as Exhibit A, as the new EXHIBIT E to the Declaration.

DESIGN GUIDELINES

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