Deer Crest Rental Registration form Exhibit A

Pre-Construction Information Submittal form Exhibit B

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RULES AND REGULATIONS

The Board of Trustees of the Deer Crest Master Association (the "Board") has promulgated specific Rules and Regulations as follows. These Rules and Regulations are effective April 2009, and remain in effect until superseded by modifications by the Board:

I. BIKING AND HIKING TRAILS

The Deer Crest Biking and Hiking Trails are on private land. All users entering and using the trail system do so at their own risk. All users must follow the following rules and regulations affecting the Hiking and Biking Trails:

  1. Do not use trails when wet and muddy and avoid unnecessary damage to the trail system.
  2. Use caution in construction areas and at road crossings.
  3. Trail may be closed or rerouted for construction or events.
  4. Trail conditions are variable with no representation of safety.
  5. Users assume responsibility for personal safety.
  6. Bicyclists must yield right-of-way to hikers, horses, and uphill traffic.
  7. Bicycle helmets are required for all cyclists.
  8. Area and Trails are not patrolled.
  9. No motorized vehicles.
  10. No smoking or littering.
  11. No off-trail travel - stay on designated trails.
II. SKI ACCESS RULES AND RISKS

The Deer Crest Ski Trail System is on private land. All users entering and using the trail system do so at their own risk. All users must follow the following rules and regulations affecting the Ski Trail System:

  1. Deer Crest Access Trails are private and are open only to Deer Crest Property Owners and their guests.
  2. Deer Crest Access Trails are open from 9:00 AM to 4:30 PM daily, conditions permitting.
  3. Stay on the designated trails; off-trail skiing is prohibited.
  4. Going into an area designated as "closed" is prohibited.
  5. Access trails are SLOW SKIING FAMILY AREAS ONLY. Fast or reckless skiing is not permitted.
  6. The access trails are for skiing only. Unauthorized snowmobiles, snowboards, sleds, tubes or other devices are not permitted.
  7. The access trails are "blue" intermediate and double blue "advanced intermediate." THERE IS NO EASY WAY DOWN.
  8. Abuse of the snow surface other than with normal ski activity is prohibited.

You should determine a trail's open or closed status by calling the Queen Esther Gatehouse before you leave your property. Skiing on a closed trail or on a closed Deer Valley run is prohibited. We also do our best to inform the Gate House of the operational status of the Jordanelle Gondola and the Mountaineer Chairlift.

Utah Inherent Risk of Skiing Statute.

As a skier you assume the risk and accept the responsibility for injuries resulting from the risks inherent in the sport of skiing, including but not limited to:

Always Ski in Control. If you cannot accept the risks inherent in the sport of skiing, do not use the Deer Crest ski trails.

BE AWARE that snowmaking equipment, snowmobiles and snowcats may be on the trails at any time. Unmarked obstacles may exist or present themselves at any time.

III. DEER CREST PARKING POLICY
  1. Parking is permitted only within a private lot, approved off street parking area or on the road shoulder on one side of the road unless otherwise prohibited herein.
  2. No parking is allowed on curves.
  3. Parking is not allowed on the shoulders of both sides of the road at the same time.
  4. No vehicle may be parked in such a way that it interferes with snow removal.
  5. Any vehicle interfering with snow removal will be towed at the owner's expense.
  6. Deer Crest Master Association is not responsible for damage to any vehicle during snow removal operations.
  7. If more than 12 vehicles are expected at any private residence, the homeowner is required to follow the parking rules included in the Large Events and Gatherings rule.
  8. Renters are not permitted to park on the road shoulder pursuant to Wasatch County Code Section 11.08.06(6).
  9. Parking relating to construction is governed by the rules set up during the "Preconstruction Meeting" relating to such construction.
IV. LARGE EVENTS AND GATHERINGS
  1. The Deer Crest Master Association should be notified (435-655-8215, 435-645-9872) at least seven days in advance of any events or gatherings of more than 25 people and/or 12 cars so that security, access, snow removal and parking concerns can be addressed.
  2. Guest access will be controlled by one of the following methods:
    1. Guests will be shuttled to and from Deer Crest. This is the preferred method as all access is controlled by the event organizers. On site shuttle parking must be provided as well.
    2. Invitations can be sent out and then presented at the Gate House for access. Valet or directed parking must be provided on site.
    3. A guest list is provided to the Gate House and if someone in that vehicle is on the list then that vehicle may enter the gate. The list must be in email form, dated and have guests listed in alphabetical order. Only two people may be authorized to make changes to the list and one of them must be the homeowner. Valet or directed parking must be provided on site.
    4. A person authorized to make decisions on who may enter is placed at the Gate House. Valet or directed parking must be provided on site.
  3. Event parking is allowed only on one side of the street to guarantee access for emergency vehicles at all times and is subject to all Deer Crest Parking Policy Rules.
  4. The homeowner or event organizer will be responsible for any additional security, parking, shuttles, etc.
  5. No event too large for Deer Crest traffic or parking capacity will be allowed. Noise ordinances will be enforced.
  6. Renters of properties at Deer Crest will be required to abide by all the rules of the Deer Crest Master Association and the Owner of the property will be ultimately responsible for the actions of all guests or renters' guests.
  7. The homeowner or event organizer must accept responsibility and liability for any damage to the Deer Crest common areas resulting from the event as per Section 3.17(b)(iii) of the Master Declaration of Covenenants, Conditions and Restrictions.
  8. No business, promotional or commercial uses, other than overnight accomodations, are allowed as per Section 7.3 of the Master Declaration of Covenenants, Conditions and Restrictions.
  9. No annoying lights or sounds are allowed.
  10. No on-street parking is allowed for rentals as per Wasatch County code.
V. RENTAL RULES AND REGULATIONS

The rental or leasing of any Lot or Unit within Deer Crest is governed by the Declaration and all statutes and regulations of the applicable governmental entity. When a single family residence is to be rented, the Owner is required to submit a rental registration form adopted by the Board, (a copy of which is attached hereto as Exhibit A), and pay the applicable rental fee.

VI. DEER CREST HOLIDAY DECORATIONS POLICY

No light shall be emitted from any Lot or Unit which is unreasonably bright or causes unreasonable glare; no sound shall be emitted from any Lot or Unit which is unreasonably loud or annoying." All rules set forth in this policy should be interpreted under the standard of reasonableness. Any home DCMA determines is decorated in an unreasonable or excessive manner may be found in violation even if it meets the below standards:

  1. Light Color and Quantity: Colored or white lights are permitted although it is recommended not to use blinking, multiple colors or harsh brilliance.
  2. Trees: A maximum of 15 trees or shrubs are allowed to be lit.
  3. Free Standing Objects: Inflatables, mangers and representations are not allowed unless they are not visible from the roadway or neighboring properties.
  4. Rooftops/Railings: Lights are allowed on the rooflines and /or railings of homes. They generally should run parallel to roof lines unless they are of an "icicle" design.
  5. Wreaths/Ornaments: Lighted wreaths and ornaments are allowed to be mounted on homes.
  6. Restrictions: Seasonal Holiday decorations may only be displayed from November 1st through March 31st. Decorations specific to another nationally recognized holiday may be displayed the week before and after such holiday. All lighting must be turned off by 11 pm nightly.
VII. DEER CREST FIREWORKS POLICY

The Deer Crest HOA has placed an indefinite ban on all fireworks within the development. Many residential areas see devastating wild fires that threaten the safety of homes and communities, especially in mountainous environs like our own. We appreciate your support in this important safety matter and be aware that violations of the ban may result in fines and recovery of the cost for fire-fighting.

VIII. DEER CREST DRONE POLICY

Drones may only be used in the air space above private homes and not above other homes or above the common areas and ski trails without the approval of the HOA.

IX. HOME BUILDERS RULES AND REGULATIONS

Each owner shall at all times conform and comply with all approved Plans and Specifications for the improvements on his property and otherwise conform and comply in all respects with the Design Guidelines as well as all applicable laws, ordinances, building codes, rules, regulations, orders and the like of Wasatch County or Park City as applicable, or any agency or department thereof and of any other governmental authority, agency or department having jurisdiction.


The DRC shall have the authority and right at any time and from time to time at any reasonable hour to inspect improvements under construction for the purpose of determining whether the same comply in all respects with the applicable Plans and Specifications as approved by it, but it shall have no duty to make such inspection.


Prior to construction the DRC shall require the following:

  1. Prior to any construction commencing the Contractor and DRC shall meet at the time for a Pre-Construction meeting.
  2. Copy of applicable governmental permits including Wasatch County Building Permit.
  3. Limits of disturbance must be identified and installed prior to any site work occurring; and the DRC shall inspect the site for compliance with this requirement prior to the property owner's commencement of construction. For LOD details refer to section 4.1.5 on the Design Review page.
  4. Evidence, satisfactory to the DRC, from construction lender(s) of sufficiency of funds to proceed with the construction to timely completion, including copies of any completion bonds from Builder(s) as may be required by lender(s). DRC may require said completion bonds to name DCMA as an additional obligee.
  5. Builder shall appear at the Deer Crest office of the DRC when the first disturbance commenced on building site, giving property identification, address and phone numbers where he may be reached at all times (24 hours a day).
  6. Owner shall be held responsibly by DRC for compliance with all DRC rules and regulations.
  7. A final construction/day-labor parking plan and parking area must be approved by the DRC and coordinated by the Construction Coordinator. It may be required for specific lots to have overflow vehicle parking off site to minimize the impact blind corners or restricted roadways.

During construction the owner shall cause the builder to conform to the following rules and regulations and will be responsible to the DRC for compliance:

  1. Builder shall satisfy all requirements of the Wasatch County or Park City Municipal permitted and approved plans bearing the Deer Crest design review committee (DRC) approval stamp. Any deviation from these approved and stamped plans can result in possible fines and stop work orders. A copy of these approved stamped plans from all parties, is required to be on site throughout the construction of the home until the final DRC list is completed. The requirements of any applicable governmental and/or private agencies for the hook-up of water, sewer, power, gas, telephone and any temporary use of such services will also be followed.
  2. The home must be completed within the 18 month per Deer Crest guideline requirements or fines will be levied. A limit of 2,500 cubic yards for excavating is set and any removal above that amount will be charged per the road tabulations table.
  3. Access to Deer Crest property must be approved by the General Contractor for a specific lot or a designated person by them. All vehicular construction activity shall enter and exit only from the Jordanelle Gate to/from Highway 40. Entering the property constitutes acceptance of all liabilities set forth in the sign in sheet. For subcontractors working less than one month, signing in is sufficient. For subcontractors working more than one month, they will be required to have an access card provided by their General Contractor through the Queen Esther Gatehouse and only be allowed through the Jordanelle gate within the designated construction time of 8:00am to 7:00pm. Sub-contractors using the Queen Esther side will be subject to fines and/or restrictions to Deer Crest. DCMA reserves the right to control vehicle access to Deer Crest at all times.
  4. At any and all times during construction, a representative of the General Contractor's company will be on-site and available.
  5. No access for construction workers or deliveries may take place before 8:00 a.m. or after 7:00 p.m. No construction work is to be conducted on Sundays or the following holidays: New Year's Eve, New Year's Day, Martin Luther King Day, Presidents Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day. During the winter season NO ON STREET PARKING will be allowed during Christmas week and Presidents week. During large snow storms no on street parking will be allowed and you will have to shuttle.
  6. Interior finish work can be allowed during these restrictions only with written approval by the Deer Crest Master Association (DCMA). Vehicles 1 ton or larger and material deliveries must be scheduled between 8:00 am to 6:00 pm unless prior approval is obtained by DCMA. No tandem trailers allowed. 53' trailers and 48' trailer w/sleeper tractor will not be allowed to enter the development unless otherwise approved by DCMA. Deliveries will need to reduce the trailer length and make two trips. All loading, unloading and hauling on roadways will conform to required Wasatch/Summit County Municipal Codes. These codes will be strictly adhered to and monitored by the lot site superintendent. If any staging takes one third of the road, you will be required to post signage and flaggers during this process. At no time shall less than one full lane be available to traffic, and such traffic shall have priority. If at any time the road is temporarily blocked, the driver must help direct traffic.
  7. No blanket utility marking for the entire job span will be allowed.
  8. At no time will the removal or modification of the following items be allowed: roadways, curbs, shoulders, guardrails, tunnels, bridges, welded wire walls, utilities and landscaping unless approved previous to removal by DCMA. The home builder will pay for any damage to these items. All construction parking must adhere to the parking plan communicated and approved at the "Pre-construction" meeting with the General Contractor. A construction/day-labor parking plan and parking area must be approved by the DRC and coordinated by the Construction Coordinator. It may be required for specific lots to have overflow vehicle parking off site to minimize the impact on blind corners or restricted roadways. A limit of vehicles will be determined by construction location. DCMA may require carpooling. All construction parking must adhere to the parking plan communicated and approved at the "Pre-construction" meeting with the General Contractor and posted throughout the construction period. No construction vehicle is allowed to park on any road pavement during working hours. Unless longer working hours have been approved by the DCMA, any parked construction vehicle after 7:00 pm will be towed at owner's expense. No parking at any time can interfere with snow removal during the months of November 1st through May 1st or the vehicle will be towed at owner's expense. A $1,200 fee will be required by November 15th ($200 a month) prior to the upcoming winter season for snow removal on road shoulders in previously approved parking areas. Additional removal charges can be assessed if needed. If the contractor does not wish to pay this fee, then workers will need to be shuttled to the job site and no onsite parking will be allowed. At no time will the builder be allowed to place snow removed from the work area on roadways, shoulders, adjacent lots or open space without specific permission from the DCMA. If storage is allowed by DCMA on the shoulders, then it is the responsibility of the builder to mark all locations and any damage caused by snow removal machines will be the responsibility of the builder. No snow removal storage will be allowed near a ski trail during ski season.
  9. The removal, replacement or adding of guardrail for the driveway access must be in strict compliance with Wasatch, Summit County or DCMA and will be the responsibility of the homebuilder.
  10. All noise abatement laws of Wasatch and Summit County or DCMA will be adhered to during construction.
  11. The lot property boundaries will be marked by "T" stakes and colored rope to identify property boundary and not impact the adjacent areas except where such marking intersect with the ski trail. The placement of seasonal ski fence adjacent to Ski runs and Trails will be required and governed by DCMA.
  12. No unsightliness shall be permitted upon any of the property. Without limiting the generality of the foregoing: any unsightliness structures, equipment, tools, boats, vehicles other than automobiles, objects and conditions shall be enclosed within an approved building or appropriately screened from view, except equipment and tools when in actual use for construction, maintenance or repairs. No lumber, grass, shrub or tree clippings, plant waste, metals, bulk materials, scrap or any other construction material shall be kept, stored or allowed to accumulate on any property owned by the same owner, including other lots that are not under construction. Failure to remove any material Deer Crest operations deems necessary to be removed, could result in DCMA removing identified material at the owner's/contractors expense.
  13. Concrete trucks will not be allowed to wash out in roadways and shoulders. The lot builder will be responsible to provide a wash out site for the trucks within the property boundaries, and at no time allowing the material to leave the property boundaries.
  14. General Contractor/Superintendent will be responsible for dust and mud mitigation. No mud/rocks or dirt from the building lot site is allowed on the pavement at any time. Any violation will require immediate cleanup. Dust must be kept under control to avoid it blowing to the extent possible on a neighbor's home. Water dampening or covering can be required at any time. Additional cleaning for adjoining homes affected by construction can be required by DCMA. Additional dust mitigation will be required if ski trails are affected by construction.
  15. General Contractor/Superintendent will be responsible for fire prevention during construction and smoking areas on lot construction site.
  16. Engine brake use is not allowed within the development near existing homes or the Hotel.
  17. Dogs will be allowed as long as they are kept on the job site and generate no complaints. The dog's owner is responsible for any incidents caused by their dog.
  18. At no time will hunting or firearms be allowed in the Deer Crest development.
  19. Ski Trails are normally closed to all construction access and activity. Access may be obtained only with written approval by DCMA. During the months of Nov. 1st thru June 1st, there will be no access for construction or adjacent excavation that would affect the ski trail due to the ski season unless previously approved by DCMA.
  20. At any time DCMA may require reasonable expanded site cleanup, to include roadways, open space, ski runs and trails adjacent to the lot.
  21. ALL ROADWAY REGULATIONS ARE STRICTLY ENFORCED AS POSTED.
  22. All construction signage will conform to the design review guideline requirements. Any signage not conforming to these regulations will be required to be removed.
  23. Portable chemical toilet facilities must be in place at the time construction work is commenced and placed within the property boundaries. They cannot be stored on the roadway shoulders unless DCMA approves. they must be secured due to high winds. These facilities will be emptied regularly. Such facilities must be removed when construction is completed or construction is halted for more than 30 days. If deemed necessary, the DCMA may require additional services.
  24. During the performance of work, construction dumpsters or trash containers may be required to be covered by the DCMA. There will be no storage of these facilities in roadways or shoulders at any time unless DCMA approves. At all times the lot contractor will keep the work site clean and free of debris, with no stockpiling of debris outside of one of these facilities. These facilities will be emptied regularly and serviced at no less than twice weekly intervals. Such facilities must be removed when construction is completed, or construction is halted for more than 30 days. If deemed necessary, DCMA may require additional services. At any time, the DCMA may require reasonable expanded site cleanup, to include roadways, open space, ski runs and trails adjacent to the lot.
  25. No unsightliness shall be permitted upon any of the property. Without limiting the generality of the foregoing: any unsightliness structures, equipment, tools, boats, vehicles other than automobiles, objects and conditions shall be enclosed within an approved building or appropriately screened from view, except equipment and tools when in actual use for construction, maintenance or repairs. No lumber, grass, shrub or tree clippings, plant waste, metals, bulk materials, scrap or any other construction material shall be kept, stored or allowed to accumulate on any property owned by the same owner, including other lots that are not under construction. Failure to remove any material Deer Crest operations deems necessary to be removed, could result in DCO removing identified material at the owner's/contractors expense.
  26. When a crane is required for the construction of a project within Deer Crest the following shall apply:
    a. The contractor shall comply with all local, county and state requirements for installation, operation, inspection and maintenance of the crane.
    b. At no time shall a load of material ever pass over an adjacent structure.
    c. At no time shall a crane wind vane over an adjacent structure.
  27. Violations to the Deer Crest Home Builders Rules and Regulations will be subject to assessments through the CC&Rs, by the DCMA. The owner's security deposit will be the first source of payment for those costs.


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