Deer Crest Lease Rider 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 These Rules and Regulations are effective April 2009, and remain in effect until superseded by modifications by the Board: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 Deer Crest 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 Trails and Facilities.

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 at least seven (7) days in advance of any events or gatherings of more than 50 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. Guest Shuttle. The Association prefers shuttling guests to Deer Crest as it avoids parking problems and all access is controlled.
    2. Printed Invitations. Invitations may be presented at the Gate House for access.
    3. Guest List. The Owner holding the event may provide a guest list to the Gate House including the names of each person permitted access. No vehicle may enter with any person whose name is not on the guest list.The list must be in e-mail form, dated and in alphabetical order.Only two (2) people can be authorized to make changes to the list and one of them must be the Owner or an agent designated in writing by the Owner.
    4. In Person Approval. An Owner may post a person authorized to make decisions on who may enter at the Gate House.
  3. Valet or directed parking must be provided at the event site except when all guests arrive via shuttle.
  4. Event parking is allowed only on one side of the street to guarantee access for emergency vehicles at all times; provided, however, that during winter months, parking will also be subject to Winter Parking Rules.
  5. The Owner or event organizer will be responsible for any additional security, parking, shuttles, etc.
  6. No event too large for Deer Crest traffic or parking capacity will be allowed. Noise ordinances will be enforced.
  7. Renters of properties at Deer Crest will be required to abide by all the rules of the Deer Crest Master Association and the Owners of the property will be ultimately responsible for the actions of all guests, renters, or renters' guests. Renters will be required to obtain prior written approval of the event by the Owner.
  8. The Owner or event organizer is responsible for any damage to the Deer Crest common areas resulting from the event as per Section 3.17(b)(iii) of the Declaration.
  9. No business, promotional or commercial uses are allowed as per Section 7.3 of the Declaration, as amended.
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 rented, the Owner is required to obtain a written lease agreement and attach the Lease Rider adopted by the Board, a copy of which is attached hereto as Exhibit A, as a part of the Lease. A copy of each such lease must be provided to the Association (business terms may be redacted). The rider may be updated from time to time by the Board.

VI. HOME BUILDERS RULES AND REGULATIONS

The Deer Crest Home Building Rules and Regulations have been established to create a cohesive environment that respects the needs of the Homebuilders and their subcontractors, yet does not compromise the privacy rights of existing Owners. Further, these guidelines have been established to insure the safety of all Owners, guests and invitees within the Deer Crest community. These rules have been set as a guide as to what is to be expected of the Homebuilders. While the Deer Crest management may have latitude in enforcement due to unique site situations or Builders needs, any variations in the enforcement of these rules will set no precedent or constitute a change in policy.

Each Owner, and his or her agents, 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, Summit County, or any agency or department thereof and of any other governmental authority, agency or department having jurisdiction.

The Design Review Committee (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 inspections.

Prior to construction the DRC shall require the following, and the Owner shall provide a Pre-Construction Information Submittal, a copy of which is attached hereto as Exhibit B:

  1. The Contractor and DRC shall meet for a Preconstruction meeting;
  2. All vehicular construction activity shall enter and exit only from the Jordanelle Gate to/from Highway 40;
  3. Copies of applicable governmental permits including Wasatch and/or Summit County Building Permits;
  4. Limits of disturbance must be fenced with orange plastic fencing 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;
  5. 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; and
  6. Builder shall give phone numbers where he may be reached at all times (24 hours a day).

During construction the Owner shall cause his Builder to conform to the following:

  1. Builder shall satisfy all requirements of the Wasatch or Summit County Municipal Codes and those requirements of any applicable governmental and private agencies for the hook-up of water, sewer, power, gas, telephone and any temporary use of such services.
  2. Portable chemical toilet facilities must be in place at the time construction work is commenced and placed within the limits of disturbance. They cannot be stored on the roadway shoulders. They should be secured due to high winds. 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, HOA Management may require additional services.
  3. During the performance of work, construction dumpsters or trash containers will be covered at all times. There will be no storage of these facilities on roadways or shoulders at any time unless DCMA approved. At all times the lot contractor will keep the work site clean and free of debris, 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, HOA Management may require additional services. At any time, HOA Management may require reasonable expanded site cleanup to include roadways, open space, ski runs and trails adjacent to the lot.
  4. The removal, replacement or adding of guardrail for the driveway access must be in strict compliance with Wasatch County or Summit County and the responsibility of the lot builder.
  5. At no time will storage of any kind be allowed on roadways or shoulders. All building materials and equipment will be stored within the limits of disturbance unless DCMA approved. If approved to store/stage materials on shoulders by the HOA, the contractor will be required to mark and identify limits to avoid damage to snow removal. If damage occurs, even after approval, the damages will be the responsibility of the General Contractor.
  6. No construction work may start before 7:00 a.m. or continue after 7:00 p.m. No construction work is to be conducted on Sundays or the following holidays: New Years Eve, New Years Day, Presidents Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Eve or Christmas Day. Interior finish work will be allowed after hours and only with written approval by HOA Management.
  7. Concrete trucks will not be allowed to wash out in roadways and shoulders. The lot builder will be responsible to provide a wash site for the trucks within the limits of disturbance at no time allowing the material to leave the limits of disturbance.
  8. All deliveries will conform to the above construction hours. All loading, unloading and hauling on roadways will conform to required Wasatch County and 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 remain in the vehicle.
  9. All noise abatement laws of Wasatch County, Summit County or HOA management will be adhered to during construction.
  10. Construction site vehicles, equipment and employee vehicles will park within the designated parking only, which has been provided at the preconstruction meeting. No overnight parking at any time. Violators will be towed at Owner's expense.
  11. No dogs or any other pets are permitted onsite.
  12. At no time will hunting or firearms be allowed in the Deer Crest Development.
  13. The construction site will be fenced and maintained in conformance with Wasatch or Summit County Municipal Codes, so as not to impact the adjacent areas. The placement of seasonal ski fence adjacent to Ski Runs and Trails will be required and governed by HOA Management.
  14. Ski Trails are normally closed to all construction access and activity. Access may be obtained only with written approval by HOA Management. 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.
  15. Snow removal and storage will only be allowed within the limits of disturbance. At no time will the builder be allowed to remove or place snow on roadways and shoulders or adjacent lots or open space without specific permission from the HOA Management.
  16. At any time HOA Management may require reasonable expanded site cleanup to include roadways, open space, ski runs and trails adjacent to the lot.
  17. ALL ROADWAY REGULATIONS ARE STRICTLY ENFORCED AS POSTED.
  18. All construction traffic will access Deer Crest through the East gate (US 40) at all times; at no time will access through the West gate (Park City) be allowed.
  19. All construction signage will conform first to the Design Review Committee and then Wasatch County and/or Summit County before installation. Any signage not conforming to these regulations will be required to be removed.
  20. No construction is allowed to park on any road pavement during working hours. All construction parking will be along road shoulders in designated areas that were approved at the "Preconstruction" meeting with the General Contractor. Unless longer working hours have been approved by the Deer Crest Management (Don Taylor, Mark Allen or Doug MacIsaac), any construction parking after 7:00 p.m. will be towed. No parking at any time can interfere with snow removal during the months of November 1st to May 1st or vehicles will be towed.
  21. At no time will the removal or modification of the followings items be allowed: roadways, curbs, shoulders, guardrail, tunnels, bridges, welded wire walls, utilities and landscaping. The lot builder will pay for any damage to these items. See item # 4 for driveway access exception.
  22. All construction traffic will access Deer Crest through the East Gate (Jordanelle) from US route 40 at all times; at no time will access through the West Gate (Queen Esther) be allowed for construction traffic. All contractors, subcontractors and laborers and their vehicles must be registered and be properly identified through the Queen Esther Gate House and abide by all access control rules and regulations.
  23. Violations to the Deer Crest Home Builders Rules and Regulations will be subject to assessments through the CC&R's by HOA Management. The Owner's security deposit will be the first source of payment for any assessment.

    Non-compliance assessment items shall be as follows:

    • 1st Verbal notice, followed up with a written notice.
    • 2nd Written notice with specific time frame to comply.
    • 3rd Notice of failure to comply will be sent to Owner and builder resulting in DCA completing the work and assessing lot owner.

    HOA Management reserves the right to control vehicle access to Deer Crest at all times, based upon the following:

    • 1st time offense will result in a written warning.
    • 2nd time offense will result in the loss of on-site parking privileges up to 2 months.
    • 3rd time offense will result in the permanent loss of on-site parking and driving privileges.

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