Wohali Design Guidelines

Architectural and Site Design Guidelines

Table of Contents I. INTRODUCTION ....................................................................................1 A. Vision ....................................................................................................1 1.1 Development Description ..................................................................1 1.2 Intent..................................................................................................1 B. Guidelines Organization . . . . . . . . . . . . . . . ..... ....2 ....

II. PLANNING AND DESIGN PRINCIPLES . . . . .

A. General Site Character and Conditions . . . . . . . . . . . .

2.1 Vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.2 Topography . . . . . . . . . . . . . . . . . . . . . . . . . .

2.3 Climate . . . . . . . . . . . . . . . . . . . . . . . .....

B. Wohali Masterplan . . . . . . . . . . . . . . . . . . . . . . .

C. Wohali Design Principles: . . . . . . . . . . . . . . . . . . .

...2 ....2 ....2 ....2 ....3 ....3 ....4

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III. ESTATE LOTS SITE DESIGN GUIDELINES. . . .

A. Site Evaluation . . . . . . . . . . . . . . . . . . . . .....

B. Building Pad Locations. . . . . . . . . . . . . . . . . . . . .

C. Site Development. . . . . . . . . . . . . . . . . . . . . . . .

3.1 Homesite Design . . . . . . . . . . . . . . . . . . . . . . .

3.2 Landscaped Areas. . . . . . . . . . . . . . . . . . . . . . .

3.3 Grading and Drainage . . . . . . . . . . . . . . . .....

3.4 Outdoor Living Spaces . . . . . . . . . . . . . . . .....

3.5 Landscape Walls, Fences and Retaining Walls . . . . . . .

3.6 Exterior Service Areas and Equipment . . . . . . . . . . .

3.7 Wildfire Safety Measures . . . . . . . . . . . . . . . . . . .

3.8 Roadways, Driveways and Other Paved Surfaces . . . . . .

3.9 Driveway Gates . . . . . . . . . . . . . . . . . . . . . . . . .....

3.10 Garages and Garage Door Locations . . . . . . .

3.11 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.12 Utility Easements . . . . . . . . . . . . . . . . . . . . . .

...5 ....5 ....5 ....6 ....6 ....7 ....9 ....9 . . . 10 . . . . 10 . . . . 10 . . . . 11 . . . .12 . . . .12 . . . .12 . . . .13

IV. ESTATE LOTS ARCHITECTURAL CHARACTER . . . . . .....

A. Architectural Theme . . . . . . . . . . . . . . . . .

B. Design Considerations . . . . . . . . . . . . . . . . ..... .....

4.1 Form . . . . . . . . . . . . . . . . . . . . . . . . . .....

4.2 Structural Expression . . . . . . . . . . . . . . .

. . . 13 . . . .13 . . . .13 . . . .13 . . . 14

4.3 Exterior Materials. . . . . . . . . . . . . . . . . . . . . . .

...

14

4.3.1 Exterior Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4.3.2 Roof Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

4.4 Design Expression . . . . . . . . . . . . . . . . . . . . . .

...

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4.4.1 Entries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.4.2 Windows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.4.3 Roof Expression. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.4.4 Chimneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. 14 . 14 . 14 . 15

V. ESTATE LOTS ARCHITECTURAL DESIGN GUIDELINES . . . . . 15 A. Residence Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 B. Building Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 C. Foundation Walls. . . . . . . . . . . . . . . . . . . . . . . . . . . 16 D. Building Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 F. Colors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 G. Windows and Exterior Doors . . . . . . . . . . . . . . . . . . . . .17 5.1 Window Sizes, Shapes and Types . . . . . . . . . . . . . . . . .17 5.2 Window Materials and Colors . . . . . . . . . . . . . . . . . . . .17 5.3 Window Glazing . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5.4 Exterior Door Sizes, Shapes and Types . . . . . . . . . . . . . . 18 5.5 Exterior Door Materials and Colors . . . . . . . . . . . . . . . . 18 5.6 Exterior Door Hardware. . . . . . . . . . . . . . . . . . . . . . 18 H. Porches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 I. Roofs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5.4.1 Roof Pitch . . . . . . . . . . . . . . . . . . . . . . . . . 5.4.2 . . . 19 Roof Overhangs . . . . . . . . . . . . . . . . . . . . . . 5.4.3 . . . 19 Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5.4.4 Roof Appurtenances . . . . . . . . . . . . . . . . . . . . . . 19 5.4.5 Snowguards, Gutters, and Downspouts . . . . . . . . . . . . 20 J. Fireplaces and Chimneys . . . . . . . . . . . . . . . . . . . . . . . 20 5.4.6 Fireplace Requirements. . . . . . . . . . . . . . . . . . . . . 20 5.4.7 Chimney Sizes and Shapes . . . . . . . . . . . . . . . . . . . 20 K. Radon Gas Mitigation . . . . . . . . . . . . . . . . . . . . . . . . 20 VI Construction Rules and Regulations. . . . . . . . . .

A. Paragraph Identifying Rules and Regulations Appendix

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.21 .21

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B. Performance Deposit Required

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VII DESIGN REVIEW PROCESS . . . . . . . . . . . . ....

A. Pre-Design Conference. . . . . . . . . . . . . . . . . . . . ....

B. Preliminary Design Submittal . . . . . . . . . . . . . . . .

C. Final Design Submittal. . . . . . . . . . . . . . . . . . . . . . . .

D. Resubmittal of Plans . . . . . . . . . . . . . . . . . . . . . . . . .

E.Construction Commencement . . . . . . . . . . . . . . . . . . . .

F. Modifications to Plans after Approval . . . . . . . . . . . . . . . . ....

G. Review Criteria, Variances H. Right of Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . .

I.…Construction Completion . . . . . . . . . . . . . . . . . . . . . .

J. Design Review Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . ....

VIII. ARCHITECTURAL REVIEW COMMITTEE STRUCTURE ....

A. Members . . . . . . . . . . . . . . . . . . . . . . . . . . .

B. Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....

C. Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....

D. Resignation of Members . . . . . . . . . . . . . . . . . . .

E. Amendment of Design Guidelines . . . . . . . . . . . . . . . . .

F. Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

G. Delegation of Authority . . . . . . . . . . . . . . . . . . . . . . .

H. Governance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.21 22 22 22 23 24 24 24 24 25 25 25 25 25

APPENDIX A – APPROVED PLANT LIST .............................................. 27 APPENDIX B - DESIGN REVIEW SUBMITTAL CHECK LIST ................32 APPENDIX C – PERFORMANCE DEPOSIT ............................................33 APPENDIX D – NOTICE OF VOLUNTARY LIEN ....................................35 APPENDIX E – BUILDER’S RULES AND REGUALATIONS .................. 36 v2

25 25 26 26 26 26 26

Penthouse residences

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Wohali is a Native American word honoring the eagle.

The architectural essence of Wohali Resort

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he eagle is as much from the sky as it is from the land, a sort of linking creature, wings stretched in perfect balance, talons a part of the earth on and off, space celebrated in pure belonging, all of it forming an ancient language of wilderness that speaks of an essential connection to elegance; a new presence perhaps, a new relevance, that offers a unique way of life we call Wohali *.

Wohali Village architecture – Wohali Style – has been inspired by the natural world, in every instance an architecture of two fundamental parts that are in constant dialogue, a bit like a dance of worlds that cannot be anything else but pure harmony: from below will come a building nestled into the landscape, subterranean in parts, as if rocks and boulders and stones have become walls and rising elements intimately touched by the leaves and grasses and soft lawns, thereafter giving way to lighter structural limbs that might be seen to be singing in a designed leap

with the sky, just like the way glass captures the clouds for a moment if you look carefully; great timber beams and gentle timber lattices might feather into prairie air, steel might reach out delicately, and carefully shaped chimneys might rise at just the right moment. Each piece of architecture – each finished building – will constantly remind us of where we are, the privilege of being in this special place, its memory alive, yet every inch of it gently evoking the future.

An architecture of dichotomy such as we recommend, has great importance today, and it is therefore an aesthetic we wish to emphasize: the heavy anchored base and a light delicate top; the ancient and the new; the historical and the contemporary; the vernacular and the modern; a past style becoming something altogether fresh; now becoming tomorrow like a sun rising, a moon setting, a season changing to the call of the eagle.

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I. INTRODUCTION A very great vision is needed and the man who has it must follow it as the eagle seeks the deepest blue of the sky.

— Ta’ Shunke Witko

A. Vision

The Estate Lots are sensitively located on the stepped Highlands with a few nestled in canyon lowland and side country areas. The Golf Course makes its way through much of Wohali’s terrain, stepping down slopes and along ridges, with greens surrounding Lake Wohali and meandering along the edges of riparian areas.

1.2 Intent

Located in the heart of the Wasatch Mountains, Wohali village resort is a haven where residents can experience wild nature, world class golf, an exclusive spa treatment, and a relaxing front porch seat where they can enjoy the sunsets and socialize with neighbors. Wohali is indelibly connected to the western landscape of stone cliffs, canyon streams, groves of trees, open fields, and stunning views.

Wohali’s site plan and architecture take inspiration from historic western settlements with old world village roots. It is a place where simple structures are clustered along tree lined walkways leading to village greens. The lodge and village squares anchor the community. Views of natural landscapes and mountain peaks are visible from every home.

Wohali is designed with a deep knowledge and respect for the land and its unique character. Natural processes and site conditions, including habitats, water flows, seasonal change, and geological characteristics were taken into account to create an environmentally sensitive place of stunning beauty.

These Design Guidelines are meant to promote visual consistency throughout Wohali’s built environment and to set best practices for site development. The Village and Estate Lots will relate as a connected community with a cohesive architectural character and common intertwining open spaces of golf course and natural habitat.

These Design Guidelines are not a “building code,” but recommendations for harmonious design. They are intended to be used in conjunction with a formal review process and are meant to give the property owners and their architects and builders an accurate sense of what the Design Review Board (“DRB”) will be seeking. Their purpose, in part, is to help clarify the broad spirit of Wohali, as well as to apply code and approval requirements to specific design issues. Flexibility and design freedom have been incorporated into the framework of these Guidelines, allowing creativity and personality within the parameters of harmonious community development. In case of conflict or interpretation between these Design Guidelines and the CC&Rs for Wohali, the CC&Rs will govern.

1.1 Development Description The mountainous terrain of Wohali encompasses grasslands and intermountain vegetation, valleys with scrub oak and maple trees, and heavily vegetated canyon riparian areas. Wohali Village is situated on a bench resting below a band of picturesque rock cliffs with views of the Eagle Golf Course to the East, Lewis Peak & bowel to the South and the Nest short course thoughtfully meandering through the property. It is the gateway and the center of Wohali with its resort lodges, restaurants, amenities, squares, and residences located along landscaped walkways and garden courtyards.

Corner unit of the Sanctuary residences

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B. Guidelines Organization

II. PLANNING AND DESIGN PRINCIPLES

Chapter II - Planning Design Principles outlines the overall general site conditions and describes Wohali’s design principles, design intent, site planning and general architectural themes that establish Wohali’s distinct look and feel.

A. General Site Character and Conditions

Chapter III - Estate lots Design Guidelines sets forth guidelines and standards specific to the Estate residential lots, including site work relating to grading, landscaping, limits of disturbance, and placement of structures, outdoor furnishings, and other built elements.

Chapter IV - Estate lots Architectural Character specifies parameters for architectural Themes and design considerations, which include form, structural expression, exterior materials, exterior walls, roof material, design expression, entries, windows, roof expression and chimneys.

Chapter V - Estate Lots Architectural Design Guidelines sets guidelines for residence size, building height, foundation walls, building walls, colors, windows and exterior doors, and other aspects of a homes design.

Chapter VI - Construction Requirements, sets guidelines for limits of disturbance, revegetation, construction noise mitigation, hours of operation, and other matters applicable to all Wohali areas.

Chapter VII - Design Review Process, discusses design review procedures from site inspection and preliminary plan submittal through interim construction inspections and final release.

Chapter XI outlines the makeup and organization of the review committee.

Chapter VIII - Architectural Review Committee Structure Appendices to these guidelines include A – Approved Plant Lists, B – Design Review Submittal Check List, C – Performance Deposit, and D – Notice of Voluntary Lien

Wohali consists of more than 1,650 acres of land within Summit County, Utah. It is land with a rich history of pioneer ranching; its past owners have been stewards with a deep respect for the land. Development is a continuation of this history and is to be carried out with best practices that preserve and protect its natural character. Wohali is neither urban nor suburban, it is a close-knit community fully integrated in its mountain setting.

These guidelines ask that all structures and houses be designed and built so they fit their natural surroundings, relate to their neighbors, and become part of the fabric of Wohali. Homes and their associated appurtenances must be designed and built to have the least possible impact on the landscape.

2.1 Vegetation The distribution of vegetation types in the Wohali area is limited chiefly by annual precipitation and moisture content of the soil.

These factors are a function of elevation, slope, aspect or sun exposure, wind, vegetation cover, and the nature of the underlying material.

There are four distinct natural plant communities or zones within the site, with a variety of plant material occurring within most zones. The four zones within Wohali are: i) Subalpine Conifer ii) Mountain Shrub iii) Alpine and iv) Submontane Brush and Riparian. Sagebrush and oak brush cover much of the site with cottonwoods and some conifers in canyon drainages and aspens and conifers in the higher elevations.

2.2 Topography The Wohali property ranges in elevation from 5,880 feet to almost 8,600 feet above sea level on the backcountry promontories. The topography is dramatic; it is made up of a series of ridges and canyon drainages running southwest to northeast. Upland meadows on top of ridges gently undulate. Distinctive stone outcroppings form the top of steep ridges.

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architectural theme and visual standards of Wohali.

Residences and common amenities establish the texture, scale, and overall character of the Village. Their structures define the boundaries of green spaces and walkways, they provide visual interest and create sense of place.

Wohali Estate Homesites have been carefully located on the site to preserve views and respect existing topography. Estate, Ranch, and Cabin structures are predominantly low and unobtrusive, they connect to the site and preserve existing vegetation when possible to allow the eye to sweep the countryside unobstructed.

The golf course is set within Wohali’s topography of meadows, ridges, and valleys, its open greens weave through the community providing dramatic views of the Village and surrounding mountain landscape.

View of the cliffs which look over Wohali Village

2.3 Climate The climate of Wohali is influenced by its proximity to the crest of the Wasatch Mountains. The area is classified as “semi-arid continental” and receives between 20 and 30 inches of precipitation annually. The predominant precipitation occurs as snow, with approximately 150 inches falling each year. Summer temperatures are moderate, with highs approaching 70 to 85 degrees Fahrenheit. January daytime temperatures average 25 degrees Fahrenheit, with winter lows ranging from 0 to 18 degrees Fahrenheit.

B. Wohali Masterplan Wohali Village is organized by a series of walkways punctuated by green open spaces and courtyards. All walkways terminate in courtyards and plazas; following the stone outcropping on the ridge that forms the Village’s eastern edge.

The Village is anchored on two sides by community gathering spaces and landmark architectural structures which includes the Amphitheater on the north, and the Lodge, Golf House and Plaza on the south. The Entry Cabin, Wohali Square, and common amenity buildings and trails that give Wohali its unique visual character. In doing so they set the

Entering Wohali Resort

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C. Wohali Design Principles: Wohali’s beautiful mountain setting has informed and defined its design approach. The site presents the opportunity to create a restorative retreat with a high quality of life connected to the natural environment.

Wohali’s site design preserves and celebrates: • Topography • Geology • Native Habitat • Open Space • Quiet • Dark Sky • Views • Clean Air These Guidelines are intended to uphold the principles on which Wohali is designed, which are to: • Preserve existing topography is as much as possible • Maintain views • Provide all residents with direct access to open space • Establish a walkable traditional Village to be enjoyed year round • Create distinct Village architecture • Use authentic materials that harmonize with the existing natural environment.

• Create a cohesive visually rich community with a broad range of housing and building types, • Use a predominantly native and adapted plant palette • Provide a broad range of outdoor experiences and outdoor environments that are accessible to all, from private gardens to mountain trails • Create clear edge between Village and natural areas

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Old-world inspiration for Wohali’s architecture in a pastoral setting

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III. ESTATE LOTS DESIGN GUIDELINES A. Site Evaluation Site planning is critical to successfully integrating buildings and improvements within the natural landscape. Every home site within Wohali has been designed with a building pad designated on the lot. This building pad identifies the location on the lot that maximizes site attributes and minimizes potentially adverse impacts on any sensitive areas within the lot and adjacent property. Nevertheless, property owners and their chosen design consultants shall conduct a site evaluation to specifically site the proposed structure within the building pad location and review the site’s unique opportunities and constraints.

An evaluation of the site’s parameters should include the following: • • • • • • •

Wohali Master Plan

Land features such as ridges, buttes, slopes, rock outcroppings, and water bodies Existing vegetation, especially significant trees Existing grades Prevailing winds and solar orientation Existing and potential access Views Noise sources

A well-prepared site plan must be completed in concert with the architectural design and shall respond to building siting and orientation, views, grading, access and other design issues. A creative site plan will find a balance between preserving and enhancing the natural features of the site, while addressing the design objectives of the owner. A site plan reflecting existing conditions and proposed construction will be required as a part of the design review submittal package.

B. Building Pad Locations Building Pad locations are areas designated on each lot within which improvements on the lot, except utility connections and driveways, must take place. These Architectural and Site Design Guidelines

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building pads are shown on individual Lot Features Maps presented to the buyer of each lot. The building pads are not reflected on the Recordation Plat. These building pad locations were determined based on the specific characteristics of each lot and on the design objectives of Wohali, specifically: • • • • • • •

Protecting ridgelines from within and outside Wohali Optimizing views within and outside of each lot Protecting view corridors from other properties or common use areas Protecting sensitive environments Protecting and utilizing distinctive natural features Maintaining existing drainage patterns Preserving the dominance of the natural setting by fitting buildings into the existing landscape

Prior to purchase of a lot at Wohali, the potential lot owner is provided with an individual Lot Features Map showing specific lot setback requirements and existing site features that may be unique to the particular lot. Lot purchasers are required to sign-off on the Lot Features Map as to their understanding of the lot’s specific features and requirements at the time of lot closing.

Any alteration of the Building Pad or encroachment outside of the Building Pad will require the approval of all adjoining lot owner and the approval of the Design Review Committee.

All buildings, including garages, decks, patios, terraces, pools, structural retaining walls, landscape walls and fences, and similar features must be located within the area defined by the building pad. Protrusions of the home can extend outside of the building pad with specific approval by the DRB. Hence, the building pad represents a very important consideration in the design of a home. Homeowners and their consultants are encouraged to meet with the DRB early in the design process in order to understand specific site opportunities and constraints that may exist on their property. As previously noted, buildings and improvements shall be sited to blend with the surrounding environment, rather than dominating natural site characteristics.

Driveway access (including grading and retaining walls necessary for site access) and landscape improvements may be located outside of the building pad.

Unless necessary for driveway access, the removal of trees outside of the building pad is prohibited, without specific approval by the DRB.

C. Site Development 3.1 Homesite Design Where possible, buildings shall be situated in openings within existing tree masses in locations where they exist. Where this is not possible, buildings shall be placed at the edge of wooded areas to blur the boundary between developed and undisturbed land and create a sense of harmony between the two areas. When locating a home next to existing wooded areas, establishing defensible space between the home and trees per the 2006 Utah Wildland-Urban Interface Code is recommended. Residents of Wohali will adhere to all fire restrictions, fire related ordinances and policies adopted by North Summit Fire District and Coalville City.

Typical Lot Feature Map

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3.2 Landscaped Areas Areas outside the building pad are to be left in their natural state with the exception of limited landscaped areas, trails, walkways, roadways, driveways and utility corridors unless otherwise approved by the DRB. Any areas disturbed by construction are to be restored with indigenous plant material that is consistent with the adjacent undisturbed area.

Nestle home between tree openings

In order to respond to site characteristics, consideration should be given to designs that create a composition of smaller building forms clustered around outdoor spaces such as courtyards, porches and verandas.

Step residence to conform to natural slope

This is particularly important for designs where buildings are situated on open land.

Without large trees or other vegetation to scale the building to its natural surroundings, it is important for the designer to create outdoor living spaces that blur the distinction between what is indoors and what is not.

Buildings on sloping lots shall be stepped with the existing contours of the land. Buildings shall be located within the building pad to allow for convenient and safe driveway access.

Within the building pad, landscape design and appropriate plant materials may be used to establish privacy. Landscaping must provide a comfortable transition into the native vegetation or transitional landscape zone at the perimeter of the building pad. These areas are required to be landscaped with the following minimum tree and shrub densities per total square footage of the house (including garage area): •

•

Deciduous trees • (1) 2” caliper per 1,000 square feet and • (1) 3” caliper per 1,000 square feet (one clump of trees may be substituted for one 3” caliper tree requirement) Conifers • (1) 10-12’ tall per 1,000 square feet and • (1) 12’+ tall per 1,000 square feet • (2) 6’ tall Rocky Mountain Junipers may be substituted for one of the above conifer requirements

To minimize the use of water and reinforce integration of improvements with the natural environment, formal ornamental gardens, such as large expanses of mulched shrub beds and large manicured lawns are discouraged, particularly when they are visible from neighboring lots.

Landscape designs should incorporate plants from the approved plant lists that correspond to Wohali’s native plant communities. Lots are located within four plant communities, a lot’s plant community will be indicated on the Lot Feature Map. Plant lists corresponding to each plant community are included here in Appendix A. Installation of invasive plant materials is strictly prohibited. Invasive plants are non-native species that may affect the native ecosystems and

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vegetation, utilize indigenous species, and minimize areas of intensive irrigation. The following guidelines apply to all landscape areas: • • • • • Building pad and tranistional landscape zones

species living in Wohali. Landscape designs should define outdoor spaces and entries, frame desirable views, screen undesirable views, buffer prevailing winds, provide seasonal shade and add color and interest to courtyards, patios, pools and other outdoor spaces. Consideration should be given to size, color and texture of plant materials. The use of drought tolerant plant materials and the installation of moisture sensors, drip irrigation and automatic irrigation systems that conserve water are encouraged.

Landscape plans shall address the building pad, transitional and the native landscape areas. Design goals are different for each of these areas and, thus, require different design solutions. A variety of landscape improvements and materials are permitted within the building pad, but plant materials and improvements are more limited in the transitional and native landscapes outside the building pad. These guidelines have been established with the intention that over time the restoration and enhancement of areas disturbed by development will blend and become a common natural landscape feature visually linking the entire community.

New plantings shall be used to protect important view sheds, help to define use areas on lots, and screen outdoor service areas and other improvements from adjacent lots and off-site views. Landscape improvements shall incorporate, rehabilitate, and enhance existing

• • • • • •

Provide new trees and shrub plantings in a mix of sizes and textures that will blend naturally into the surrounding vegetation.

Place large specimen trees in areas close to homes to assist in blending structures into the site.

Locate plant materials in an informal, natural manner rather than in straight lines, circles or other unnatural patterns.

Take cues from nature, using soil filled planting pockets nestled among rocks to mimic the wild species that grow in alpine settings.

Inside the building pad, limit the use and size of high-maintenance turf areas. Turf should be used judiciously, sized as a play area or a gathering pace within the native setting.

Irrigated landscaped areas over 3,500 square feet are prohibited.

Design building improvements around existing major stands of trees on the property.

Protect riparian and wetland areas from disturbance during construction.

Bark or mulch, if used, must be of a natural color and organic material.

Inorganic mulch, such as rock chips or pebbles, if used, must be a natural color and match or blend with the native environment.

Natural areas disturbed by construction will need to be revegetated using a seed mixture composed of endemic plant species.

Native landscape is dominant element

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As stated, special consideration must be taken to preserve the natural landscape’s visual integrity and prominent physical site features.

Large indigenous plant material shall be used to replace the natural vegetation lost during construction and to reduce the apparent height of any buildings as viewed from off site.

Thinning, pruning, or removal of existing plant material and, in particular, specimen trees (over 6 inches in trunk diameter), is prohibited without the prior approval of the DRB.

•

•

3.3 Grading and Drainage • Grading shall be designed as a combination of cuts, fills and retaining walls that protect stands of trees, existing slopes and landforms as well as blend into and/or appear to be extensions of existing natural terrain. Cut and fill slopes of 3:1 maximum are encouraged unless matching adjacent steeper existing slopes. Slopes shall not exceed 2:1 and should not extend the cuts and fills horizontally for large distances.

Whenever possible, natural slopes are to be used instead of structured slope techniques.

Site grading and the handling of drainage shall comply with the following guidelines: •

• • • •

•

Site grading shall be limited to no more than what is necessary to accommodate the residence or building, porches, patios, driveways and sidewalks.

Excessive re-contouring of a site, or over-lot grading, is not permitted unless otherwise approved by the DRB. Grading shall be confined to the building pad and approved driveway alignment unless otherwise authorized by the DRB. Grading shall be designed to blend with the natural contours of the site by feathering cuts and fills into existing terrain.

Grading, landscaping and site improvements shall not interfere with the functional aspects of natural drainage courses and easements.

Drainage and utility corridors that are disturbed by construction

must be re-vegetated to match adjacent existing landscapes.

Property owners are responsible for controlling drainage that results from construction within their building pad; no drainage may be directed onto other lots or tracts unless such drainage ways are located within designated easements specifically designed for such use.

Drainage from roadways shall be accommodated using culverts under driveways. Culvert ends shall be cut to match finished grade and faced with stone to match stone used on the main residences or to match existing riprap. Culverts and stone facing are the responsibility of the property owners.

In general, natural drainage courses must be protected and existing drainage patterns maintained. New drainage ways shall be designed to appear and function like natural drainage ways. Headwalls, ditches and similar drainage structures shall be built of an approved stone similar to other stone used on the site.

3.4 Outdoor Living Spaces Outdoor living spaces can provide effective transitions between residences and the out-of-doors while reinforcing the visual connection of a building with its site. Terraces, verandas, patios, porches, decks, pergolas and courtyards should be integral elements of the home design. These elements shall not be free-standing unless approved in advance by the DRB. The number of these elements shall be limited to avoid visual clutter. Fire pits and associated sitting areas are allowed in the Building Pad and Transitional Zone areas and as approved by the DRB and in adherence to North Summit County Fire District Outdoor wood burning fireplaces are not allowed.

Attention should be paid to patterns of sunlight in planning exterior spaces in relation to buildings. The objective is to create exterior spaces around homes that will be used, so it is important that these spaces are placed to receive as much sunlight as possible over the course of the day.

Consideration shall be given to the role building surfaces, colors and material choices play in reflecting sunlight into adjoining exterior spaces.

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Materials and roofs for outdoor living areas shall be consistent with materials and roof designs used on the main residence. Paths, outdoor stairs and terraces shall be designed to blend with the natural topography and vegetation. Decks and trellises shall be built of wood, stained and/or sealed. Greenhouses shall be simple and straightforward in their design.

3.5 Landscape Walls, Fences and Retaining Walls Wohali should reinforce the openness and continuity of the overall community. For this reason, the landscape walls and fences shall be limited to: Attention should be paid to sunlight direction and angles

• • • •

Creating and establishing privacy around outdoor living spaces Screening of service areas; Retaining walls Providing an edge between landscaped areas and native vegetation

Perimeter fencing of the building pad or lot boundary is prohibited in the estate lots. Regarding lots under 10 acres, walls and fences must comply with the following guidelines: •

•

Retaining walls and landscape walls must be located with in the building pad unless otherwise permitted within these guidelines or otherwise approved by the DRB. Design of landscape walls and fences, as well as pet enclosures

•

• •

•

• • •

such as dog runs, must be integrated with the design of the residence, must be six feet or less in height, and must be constructed of materials consistent with materials used on the main residence.

Architecturally textured concrete retaining walls are preferrable to boulders because this style supports a minimalist prairie ambiance. However, boulders, laid stone, mortared on-site stone, stone-face concrete or wood may be used.

Unacceptable materials include raw concrete, decorative concrete block and brick Retaining walls must be constructed of stone or stone veneer consistent with stone used on the residence or other retaining walls along the roadways adjacent to the lots.

Retaining walls must not exceed six feet in height and, when feasible, shall be designed as architectural extensions of the residence to visually tie the building to the property.

Fences, when allowed by the DRB, must be constructed of split rail or similar rough wood surface, metal or wrought iron.

Plastic, vinyl, chain link and other like materials are strictly prohibited.

Structural retaining walls in excess of four feet must be designed and stamped by a structural engineer.

3.6 Exterior Service Areas and Equipment Trash disposal, outdoor work areas, and outside equipment including metering devices, transformers, air conditioning units, generators, propane tanks and satellite dishes, are to be completely screened from off-site views and, as appropriate, made inaccessible to wildlife by using architectural features integrated into the building design and form, materials and colors of the site walls. Utility meters must be wall-mounted on the home and connections must be enclosed, incorporated into the design of each home, or screened from view by walls, fences or landscaping. No free standing utility meters will be allowed. Satellite dishes must be screened from the road and adjacent lots.

3.7 Wildfire Safety Measures In order to reduce the risk of wildfire in Wohali, homes must include

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sprinkler systems. Roads should provide natural fire breaks. Thoughtful planning, design, and preventative landscape maintenance can greatly reduce the threat of wildfire. The goal of fire-safe landscaping is to reduce the amount of potential fire fuel immediately surrounding a home. When locating a home next to existing wooded areas, establishing defensible space between the home and trees per the 2006 Utah Wildland-Urban Interface Code is recommended.

Along with the use of low fuel loading plant material, a residence’s landscape should be maintained as follows: • •

•

Dispose of slash and debris left from thinning foliage.

Water plants near the home to maintain healthy growth and vegetation. Do not allow plants to dry out. Less frequent deep watering is recommended.

Keep shrubs pruned, do not allow them to grow against structures or into the branches or crowns or trees.

•

Avoid planting large trees such as aspens and conifers within 15 feet of buildings.

3.8 Roadways, Driveways and Other Paved Surfaces All paved surfaces at Wohali shall have a scale and character in keeping with the design of the community and should respond to climate, terrain, and the palette of natural materials and colors suggested by the surrounding environment. Where paved surfaces are used, the choice of material and the alignment of the path, driveway or road shall be based on both aesthetic and functional considerations.

Acceptable paving materials include: concrete, tumbled pavers and surface applied aggregate coating. Unacceptable materials include: ceramic tile, tumbled stone and astro-turf. Paving designs shall be simple and straightforward, using two different materials at most.

Driveways must align with roadways at not less than a 45 degree angle from perpendicular to the road. As per the Summit County Fire Chief, driveways shall be a minimum of 20 feet wide unless a variance can be obtained by the Fire Chief. The Fire Chief, upon his approval, may allow 16 feet of hard surface with 2 feet on either side of drivable surface which may be gravel, turf block or pavers.

Driveways, turnarounds and off-street parking must be designed to blend into the site and must be buffered from the road using landscaping and earth forms. Driveways shall not dominate the front of the residence, nor should they be a circular or looped drive. Stone, wood or lighted columns at the beginning or along the driveway are strictly prohibited. Wohali Resorts will construct a discrete monument at each driveway entry to designate the properties address.

Attention should be paid to sunlight direction and angles

• • •

Remove tops of annual and perennial plants located near the home after they have gone to seed.

Remove dead limbs, leaves, needles, and other flammable material.

Prune branches of large trees 8 to 15 feet above the ground to help prevent low fires from reaching the tree crowns and spreading to nearby structures.

Driveways exceeding 12% grade up to a maximum of 15% grade must receive DRB approval and must be heated. In any case, the first and last 20 feet of the driveway must have a maximum gradient of 5%. Driveways shall follow alignments that minimize grading, tree cutting, or other site disruption.

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3.9 Driveway Gates Driveway gates may be considered by the DRB under the following conditions: • • • •

The minimum lot acreage is 4 acres, However, some lots on Wohali Way may be given an exception; The gate must be set back off the road right-of-way a distance to be determined by the DRB; Gate design and location to be subject to DRB approval; and Gate must be signed off and acceptable by North Summit Fire District for access and life/safety measures.

latter case, the intent would be to recall the image of a carriage house behind the main residence. Only designs that clearly place the mass of the home significantly closer to the street than the garage will be considered.

The home’s front entry (entry for people) shall appear dominant over the entry for vehicles. Architectural features such as overhangs above the doors and significant detailing matching the residence are required to help mitigate the visual impact of the garage doors, and to create a cohesive look and feel between house and garage.

3.10 Garages and Garage Door Locations Driveway access and garage location lend significant shape to the design and placement of a home. One of the greatest contributors to negative feelings about residential communities is the often-present row of garage doors aligned along the street with oversized driveways leading to them.

Every effort must be made to keep this view from becoming prevalent at Wohali. In order to minimize the impact on the community, garage doors facing a public street or any common area are not allowed. Two exceptions to this rule are if a side entry garage would require grading that may have more impact than would a front facing garage or if height restrictions limit building orientation. This issue must be resolved during the pre-design conference (see Chapter VI).

To determine whether the garage vehicle entrance faces a potentially acceptable direction, lines shall be projected perpendicular to each side of the garage door openings until such lines cross a built structure or an undeveloped neighboring buildable area. If one of these lines crosses into a street or common area, the garage doors are not facing a potentially acceptable direction.

Exceptions to this rule may be made at the discretion of the DRB due to insurmountable obstacles existing on the home site or for home sites that can accommodate garages in the rear portions of the property. In this

Well articulated, single garage doors are preferred with d00rs recessed 0n side and rear elevation of building.

The intent of these requirements is to minimize and direct views from community areas away from vehicular components of a residence. Home sites in prominent locations may have additional requirements relative to garage door placement. These requirements will be communicated to owners and their consultants at the pre-design conference (see Chapter VI).

3.11 Lighting The clarity of the night sky at Wohali is a primary amenity to be preserved. Light pollution is a threat to the clear skies that are central to the heritage of the West. Exterior night lighting should be minimized and used essentially to meet the requirements of safety and to easily identify entrances, driveways, and buildings.

Elsewhere, low intensity lanterns at pedestrian scale or indirect light sources and cut-off (light source screened from view) fixtures are to be used. Light sources shall be shielded and directional and may be incandescent, LED, halogen, or amber, except for temporary

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Christmas decorations. Up-lighting of landscaping trees and shrubs and building facades is prohibited. Summit County has a Night Skies Ordinance. Home Owners should review this Ordinance and comply with it in their lighting designs.

Every landscape plan submittal to the DRB shall include a plan detailing night lighting with accompanying specifications, such as fixture cut sheets, and other material to assist the DRB with its evaluation. Excessive use of lighting in landscaped areas is discouraged.

3.12 Utility Easements Utility easements have been established throughout Wohali in order to facilitate the installation and maintenance of utilities. Owners and their consultants are responsible for providing utility service lines to their homes. All utility lines serving individual homes must be located underground and, when feasible, shall be grouped and sited under or alongside driveways to minimize site disturbance.

IV. ESTATE LOTS ARCHITECTURAL CHARACTER A. Architectural Theme Architectural character of the structures built in the estate lots should reinforce architectural themes established in the Village. Homes of one story are encouraged, but not required. It is intended that the architecture present a focused design and theme that will define the special character of Wohali. Architecture must blend with the natural landscape, maintain a sensitive “human” scale and use carefully crafted details with indigenous materials such as timber, stone and bespoke expression of concrete, steel and glass.

B. Design Considerations 4.1 Form Buildings should have a profile that steps with the contours of the site’s terrain. Buildings should appear to have grown out of the site through the use of terrain-integrated foundation walls and terraces. The foundation walls should serve as a podium for the larger structure, allowing a strong

Architecture designed in an old-world village theme

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base and transition back to natural grades. Major roof forms shall be medium in pitch from 0:0 - 10:12. Roof forms shall be used to shed snow away from building entries, patios, decks, porches, garages, driveways and other areas of activity. The overall form of buildings should be designed as one low dominant mass. Secondary forms can then become additive to create an interesting composition of simple elements that step with the terrain. For instance, a campus-type collection of building forms are encouraged; reminiscent of clustering (pod-style) vernacular farm buildings.

4.2 Structural Expression The architectural theme of Wohali emphasizes a direct expression of structural enclosure, whether through massing of walls or the use of framing. Often the materials of the expressed structure become the visual detail and finish surfaces of the architecture, such as stone bearing walls. The success of this type of architecture depends on the straightforward expression of structural components—mass walls should read as load bearing walls with deep window and door reveals, while truss and beam framing should be visually integral to the primary structure and not used merely as additive decoration.

4.3 Exterior Materials The palette of materials for Wohali relates directly to the historic theme of the development. In general, materials and their uses shall be as follows:

4.3.1 Exterior Walls The primary wall materials shall be natural. Real stone, wood siding, wood shingles and timbers are expected. Cultured stone is not allowed in Wohali. Hand troweled, old world type plaster over lath and wood are allowed. The use of stucco is strictly prohibited unless i) it can be made to look like plaster, ii) it is used in limited quantities and iii) its color is closely controlled and approved by the DRB. The use of stone to define or enclose a component of the building is encouraged. It can be used to anchor a home at the lower level (walk out)

basement. Stone wainscot above the main level of a home is acceptable but not encouraged and will be reviewed on a case by case basis by the DRB.

4.3.2 Roof Material Approved roof materials include slate, ceramic and concrete tile (if, of an approved color), synthetic shakes and shingles which resemble cedar, cement shakes and metal shingles (copper, zinc, terne and Corten steel).

Standing seam and corrugated Corten steel roofs are also allowed. Fire resistant synthetic shingles may also be used. Especially when using metal roofs, design consideration must be given to the potential danger of snow shedding on pedestrian paths and building entries.

4.4 Design Expression The basis for design expression at Wohali is revealed in proportion, scale, use of materials and crafted detail. Important elements of the design theme include:

4.4.1 Entries Building entries should be inviting and designed to avoid the danger of snow shedding from overhead roofs. Entry portals and enclosures should exhibit a high level of artistry in the detailing of structural connections, doors, windows and trim.

4.4.2 Windows Window proportions should be based on a vertical or square unit, whether set into a wall or grouped together in horizontal openings.

Viewing windows shall be set back under roof overhangs or other recesses in the structure to place the glass in shadow, thus avoiding reflection and glare. Analysis should be done to minimize summer solar gain and maximize the effects of the winter sun.

4.4.3 Roof Expression Roofs should provide a minimum of 36” overhangs to provide a sense of shelter and enclosure. Gable rake fascia should be appropriately scaled to the Architecture of the structure and made up of either two or three

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boards layered, or one heavy timber deep enough to be substantial in depth. Shed roofs are also encouraged, in keeping with a historic village style, it is important to feature several types of roof structures to keep one form from dominating. This creates a unique place that appears to have grown organically over time.

V. ESTATE LOTS ARCHITECTURAL DESIGN GUIDELINES Architecture within Wohali is intended to reinforce and enhance the resort residential design objectives of the development

A. Residence Size

4.4.4 Chimneys Chimneys should have a proper proportion, preferably built of stone and be integral to the architecture and roofscape. All efforts should be made to vent through chimney with Chimney cap. If approved by DRB a vent may be made outside of the cap but needs to be in copper or black steel.

Maximum residence size will be 7,000 square feet on lots that are less than 2.5 acres, 10,000 square feet on lots sized between 2.5 acres and 10 acres and 15,000 square feet on lots over 10 acres in size. Minimum residence size is 3,000 square feet for lots smaller than 2.5 acres, 3,500 square feet for lots smaller than 10 acres, and 4,500 square feet for anything over 10 acres.

Maximum home heights for lots will be defined on the recordation plat and also on the individual Lot Features Maps for each lot. Homes shall be “residential” in scale, having low, horizontal forms which remain below treetop level. It is important that the massing of buildings be scaled in such a way that the structures relate to the environment and harmonize with the area and its natural features.

No unbroken expanse of building mass may exceed 60 feet in length unless otherwise approved by the DRB. When the 60-foot limit is reached, one of the following must occur: • • •

The building mass must be articulated.

The wall line must be offset a minimum of 10 feet.

The roof-line must shift up or down at least 5 feet or take on a different ridge alignment.

The intent of this stipulation is to ensure that buildings do not become overpowering. Changing the plane of walls, changing direction and providing some variety in the roof form gives diversity and visual interest.

Stone Haven Cottages in the Village

B. Building Height Single-family homes may not exceed thirty five feet (35’) unless otherwise

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noted on the recorded plats and/or Lot Features Maps, and will be measured vertically and parallel to existing grade, excluding chimneys. Include a diagram of the building height with the Design submittal to the DRB. Any finished building facades shall not exceed thirty five feet (35’) in height.

The following diagram describes how heights shall be measured from this average grade plan. Some lots may require less building height due to physical lot constraints and County identified ridgeline encroachments.

Height requirements will be defined on the individual Lot Features Maps

and should keep moisture protection of the structure in mind.

D. Building Walls Building walls should relate to the structural nature of the building they are enclosing. Building walls occur above foundation walls, and express the more subtle “middle of structures” using neutral materials.

Materials used on building walls offer the opportunity to convey a sense of unified vision for Wohali. A limited palette of similar materials shall be used to accomplish this vision. No more than four primary building siding materials are permitted on any single structure within the Wohali.

Timbers used structurally, or for accent and architectural detail, should

Example of building height conforming to the slope

and in some cases on the recorded plat. The intent of the height guideline is to present a human-scaled roofscape, one which steps with the contours of the terrain and recalls the natural setting.

Natural material combined with steel and glass

C. Foundation Walls For the purposes of these Guidelines, foundation walls are those walls which seem to “grow” out of the ground. On sloped sites, they are the walls which form the lower-level walkout. On level sites, they are the building walls at the lowest level above grade. In either situation, they should be expressed as anchors to tie buildings to their sites. Durable materials, such as stone, stone veneer, board-formed concrete or concrete with an exposed aggregate, shall be used to protect the entire foundation exterior wall structures from impact and snow damage. Other materials may be used at this location, but they are subject to review by the DRB

be sized to maintain an appropriate scale to the features of the structure.

These timbers or logs should be a minimum of 6” in width, true heavy timbers, not dimensional lumber. Natural transparent or semi-transparent stain is encouraged for these elements. Painting of these timbers is strictly prohibited. If possible, these elements should be actual structure articulated to the exterior detailing of the building.

Wood siding, either vertical, horizontal or shingle, may be used on buildings and must be compatible with Wohali’s climate.

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Natural stone, not cultured stone, is allowed as siding as long as it does not dominate or give the appearance that the house is too heavy. The use of stucco in Wohali is strictly prohibited, however, hand-troweled, old world style plaster on lath is allowed if a sample board is presented for review by the DRB. Other acceptable secondary building materials include wrought iron, wood trim, stone, and painted or non-reflected metals. These materials shall be used in accent areas only and in a manner consistent with the architectural language of the building and overall character of Wohali.

F. Colors Building colors for residences should be chosen to blend buildings with their surroundings. Earth tones and other low-intensity colors taken directly from the natural site shall be predominant. Colors inherent to their materials, such as natural stone, naturally-weathering woods, and clear-finished or semi-transparent stained rough-hewn timbers or logs generally offer the textures desired in Wohali.

Materials such as stone and wood shall not be painted or covered in opaque stains, unless otherwise approved by the DRC. Trim colors on residences shall be in concert with field colors. Colors foreign to the Wohali landscape shall be avoided.

Roof material colors should also be natural in nature. It is discouraged to have roof colors that stand out in the landscape or are not in concert with the natural colors found around Wohali.

A digital Materials Board illustrating samples and colors of exterior materials are to be submitted to the DRC as part of the Preliminary submittal for the structure. The DRB reserves the right to request physical material samples or physical mock-ups for approval of materials using a 6” x 6” dimension for each sample

stone foundation walls should be expressed as relatively deep reveals.

In the frame walls, these elements shall be expressed as infill materials between structural members with surfaces recessed from the members to reinforce the notion of field versus frame. Trim shall be incorporated into the design of windows and doors, either as bucks within stone walls or surface trim on planar materials such as wood siding. Fenestration shall not be treated as punch-outs within a wall surface and shall be proportioned appropriately for the surrounding material. The intent of the door and window guidelines is to recall the heritage of Wohali through the thoughtful design of fenestration, yet allowing for relatively unobstructed views of the surrounding landscape.

5.1 Window Sizes, Shapes and Types Windows in general shall compliment the overall design of the home.

They are to be carefully and proportionately placed, adding aesthetic appeal to the home. Major windows may be vertical, horizontal or square in shape. Secondary may be triangular, hexagonal or circular.

They will be approved on a case by case basis by the DRB. Scissor truss windows not matching the roof pitch in a gable will are not acceptable.

Lintel overhands shall not be less than two inches away from wall. Large view windows shall occur in frame walls only and shall be recessed under exaggerated roof overhangs or porch soffits to minimize reflections from off site. They shall be scaled for the surrounding structure supporting them—windows between large, rough-hewn timbers, for example, will be considerably bigger than those between smaller timbers. Window sizes shall also relate to their locations on structures.

Approved window types include picture, fixed, double-hung, awning, casement or sliding. Jalousie or similar multiple opening type windows and pivoting or hopper windows are permitted by the DRB on a case by case basis.

5.2 Window Materials and Colors G. Windows and Exterior Doors In keeping with the resort village theme, windows and exterior doors in

Windows can be made of full wood or be clad in maintenance-free metals such as copper, aluminum or steel with a baked enamel finish.

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Copper cladding may also be left to patina naturally, provided it loses its reflective properties within one year after installation. Baked enamel colors for aluminum and steel clad windows and doors shall be harmonious with trim and siding colors and in hues in keeping with the field colors and accent elements. Window color samples, specifications and exterior staining color samples and applications must be submitted upon request

by DRB. Shutters are permitted around windows if they are operable. Design and placement of shutters shall be consistent and shall not appear random or haphazard. Design freedom is encouraged within the context of other architectural elements on the buildings. Wood shutters shall be stained to match wood windows or trim or painted to match baked enamel colors.

5.3 Window Glazing Windows shall be insulated (double-glazed as a minimum) with at least a single low-emissivity coating on one of the glazing. Glazing shall be non-reflective to minimize off-site glare. Large vision panels within window walls shall be tempered.

for doors, particularly at primary entries.

5.5 Exterior Door Materials and Colors Exterior doors shall be wood or wood-clad in maintenance-free metals such as copper, aluminum or steel with baked enamel paint in earthen colors. Glass doors are also permitted. Again, copper cladding may be allowed to patina naturally. Baked enamel colors for aluminum or steel cladding shall be in concert to trim colors with hues similar to field colors or stained wood colors. Doors constructed of solid wood may be built of panels, planks or timbers—hewn, distressed or similarly finished.

5.6 Exterior Door Hardware Variations in designs and materials used for exterior door hardware are encouraged to bring a level of fine detail to buildings within the development. Approved materials include brass, copper, wrought iron, wood and aluminum or steel. Aluminum and steel shall be pre-finished. Industrial, highly-reflective finishes such as polished metals are not permitted.

H. Porches 5.4 Exterior Door Sizes, Shapes and Types Door sizes should be appropriate to their materials, with “heavy” doors used in stone and “lighter” more open doors used in window wall assemblies.

Doors in heavy timber or stone walls shall be supported by deep wood, steel or cut stone lintels. Lintels shall be wider than the doors they span.

Large, predominantly glazed view doors shall be recessed to minimize reflections from off site. They shall be scaled for the surrounding structure supporting them. The most-detailed doors on the building should generally be reserved for primary entries, where over-sized, finely-crafted portals are most appropriate. All doors shall be generally rectangular in shape. Double doors are encouraged at grand entrances or as elements within window wall assemblies or access onto decks and patios.

Approved door types include standard swing, pivot swing, sliding and terrace. Within Guideline parameters, custom designs are encouraged

Porches are a traditional element of the relaxed Wohali lifestyle.

Covered and wrap-around porches are encouraged as they emphasize horizontality while complimenting the relaxed community atmosphere.

Materials for porches shall be in harmony with the primary building materials. Approved materials for porch floors include plain or rough-sawn wood, stone, exterior slate and tile. Railings can be made of metal, cast iron or naturally weather-resistant wood such as cedar, redwood or fir.

Glass railings will be considered on a case by case basis by the DRB which reserves the right to approve or deny.

I. Roofs Roof shape is the major element of building form and one of the most important contributors to the human scale. All roof forms must complement and create a visually pleasing relationship to the existing terrain. The

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overall roof profile should undulate such that the home creates a visual interest and relationship to the existing landscape. Primary roofs within Wohali are to be single gabled accented by secondary roofs such as low sheds, double gables, window dormers or porch roof elements that extend from the main structure. Single pitched roofs as the major roof form will be addressed on a case by case basis by the DRB. Primary roofs are defined as roofs which cover more than 60% of the square feet of roof area for single-family residences. Secondary roofs are those which cover less than 40% of the square feet of roof area.

Clipped gables, multiple stacked gables, conical, single pitched roofs and flat roofs will be treated on a case-by-case basis, and if permitted with prior approval from the DRB, they can only be used as accent features on the home and not major features of the roof design. Mansard, false mansard, gambrel, curvilinear (organic in shape) and domed roofs are not permitted at Wohali, unless otherwise is approved by the DRB. Roofs descending from the ridge of the predominant or primary roof must have the same slope, but need not be the same length. Broken-back gables, or roof elements where a gable turns into a shed roof, are allowed as long as they are in keeping with traditional authentic forms.

On sloped lots, roof structures and roof lines should step down the hillside providing the appearance that the home follows the terrain. Roof framing should be expressed wherever possible, particularly through exposed ridge beams, outriggers, rafter tails and fascia boards. Either cold roof or super-insulated roof construction may be used.

5.4.1 Roof Pitch Approved pitches for primary roofs are between 0:0 - 10:12, inclusive, unless a hardship can be proven to the DRB. Roofs sharing the same ridge must share the same pitch—“flying” shed dormers and the like are not permitted. Pitch breaks (or broken-back features) are permitted when they occur at architecturally appropriate locations such as plate line or changes in plane.

5.4.2 Roof Overhangs

and contribute to a building’s character. Roofs shall overhang walls a minimum of 36 inches. Overhangs that are less than 36 inches must be approved by the DRB.

5.4.3 Materials Roof surfacing materials are important as a means of blending the new construction to the existing character of the area. Primary roofing materials will be limited at Wohali to present a coherent and harmonious image for the community. From a functional standpoint, the choice of materials depends on the slope and assembly of the roof. Approved roof materials include slate, ceramic and concrete tile (if of an approved color), synthetic shakes and shingles which resemble cedar, cement shakes and metal shingles (copper, zinc, terne and Corten steel).

Standing seam and corrugated Corten steel roofs are also allowed.

Fire-resistant synthetic shingles may also be used.

5.4.4 Roof Appurtenances Dormers, clerestories, and skylights are roof appurtenances that help to create interesting, pleasant interior spaces. Their location on the roof is critical to avoiding an over-decorated and visually confusing appearance.

Dormers can be shed or gable in shape. Dormers can be placed at the roof eave or within the field of the roof.

Skylights must be placed flush against or no more than 4 inches above the roof’s surface. Skylights placed at an angle with the roof plane must be avoided. Skylights shall not extend to the eave line. Clerestories shall be placed within the field of the roof and shall not extend to the eave line.

In general, roof ornaments such as finials, ridge scrolling, turrets or barge and eave boards are discouraged.

Wohali encourages passive solar design. Solar panel design must demonstrate consistency with the design of the home and will be reviewed by the DRB. Due to the reflective nature of solar panels, it must be demonstrated that the panels are non-reflective and match as close as possible, the color of the roof or applied surface. Active solar application requests will be considered and assessed by the DRB on a case by case basis.

Roof overhangs protect walls and wall openings from rain and snow

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Rooftop access stairs, mechanical and electrical areas, and antennae shall be confined within the roof and roof dormers and shall not be allowed to protrude from the roof or form awkward-looking bulges in the roof field.

All roof vents and roof penetrations are to be contained within mechanical chimneys and enclosures and screened from sight, however if needed to perforate roof, the vent should be wrapped in copper or black steel.

Roof decks must have approval from the DRB.

5.4.5 Snowguards, Gutters, and Downspouts Snowguards should be used wherever significant amounts of snow may accumulate over pedestrian areas such as entries, patios, porches, driveways, garages and decks. Pitched roofs which face north are particularly susceptible to snow and ice accumulation. Snow and ice accumulation on metal roofs—which heat quickly during sunny winter days—is especially dangerous to unsuspecting persons or equipment. Metal roofs which face south shall be equipped with snowguards or snow clips to prevent injury to people or property. Snowguards shall be constructed of painted plate steel vertical supports with timber or steel horizontal members that relate to nearby structural members. Metal snow clips may also be used.

Outdoor gathering areas facing south, which are not completely covered, are exposed to water drip from the roofs above. These locations are ideal candidates for gutters and downspouts. Where roofs are in constant shadow or have northern exposures, gutters and downspouts used in conjunction with heat tape are often effective. Gutters shall be designed to take the load of accumulated snow and ice on them.

Approved materials for gutters and downspouts include aluminum or steel with baked finish, and copper or lead-coated copper. Gutter sections may be traditional or half-round. Specifications and finish selections must be submitted upon request.

J. Fireplaces and Chimneys 5.4.6 Fireplace Requirements

Wohali. Fireplaces shall be designed to meet all applicable codes.

Exposed flues and vents for gas-operated fireplaces or other equipment such as furnaces shall be hidden from primary views and painted to blend with the nearest building materials.

5.4.7 Chimney Sizes and Shapes All flues six inches in diameter or greater shall be designed with chimneys.

Chimneys shall be in scale with the architecture of the building—not small enough to be lost in the architecture of the structure, but not large enough to overwhelm the building. Chimneys shall be designed in proportion to the structure with heights greater than widths, and in tapered or rectangular profiles. Heights of wood-burning chimneys relative to their nearest rooflines shall comply with applicable codes.

Heights of gas-burning chimneys or boiler flues shall be designed to proportionally match their wood-burning counterparts to lend authenticity and consistency to the overall roofscape. When chimneys are placed on an exterior wall, they shall tie to the ground.

Chimneys within Wohali shall be covered in stone veneer (to match stone used on the building veneer), copper, Corten or steel. Chimneys may terminate in decorative caps of stone or metal. When flat or pitched stone caps are used, they shall have a minimum thickness of four inches.

Chimney caps shall be designed to screen spark arrestors and other utilitarian equipment as much as possible.

K. Radon Gas Mitigation There is the potential that radon gas exists naturally in some of the soils on Wohali. In order to mitigate the buildup and potential harmful effects of radon gas in lower levels of homes, such as basements, crawl spaces and first floors, the homeowner’s Architectural Design Team should consult with a Geotechnical or Soils Engineer to determine if Radon Gas is present on a specific lot and to develop specific mitigation techniques if gas is found. It is more cost-effective to include passive radon resistant techniques while building a home than to retro-fit a radon reduction system once the home is built and occupied.

The use of indoor wood burning fireplaces or stoves is permitted at

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VI. Construction Rules and Regulations A. Rules and Regulations See Appendix E for Rules and Regulations including agreement of acceptance that is to be signed by the Builder.

B. Performance Deposit Required In order to preserve and ensure that the construction of a home is completed to the satisfaction of the DRB, a completion bond in the amount of $15,000 will be required.

Concurrent with Final Plan Submittal, the owner shall deposit with the DRB the sum of FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00) (the “Performance Deposit”). Furthermore, owner shall execute and deliver to the DRB a deposit agreement in the form attached hereto (see Appendix C). The Performance Deposit shall be held in escrow pending the completion (including clean up) of all improvements described in the final, approved plans and constructed on the owner’s individual lot.

In the event that the owner, the contractor or their respective agents, representatives or employees (i) cause any damage, (ii) fail to construct the improvements in accordance with the approved plans or (iii) fail to comply with the Guidelines, the Declaration or any rules or regulations adopted or promulgated, the DRB may use the Performance Deposit to, among other things, (a) repair and/or rectify the damage or (b) enforce the Guidelines, the Declaration and any other rule or regulation thus violated and cure any defect or problem caused by said noncompliance. Following the DRB’s use of all or any portion of the Performance Deposit, the owner shall immediately pay to the DRB an amount sufficient to replenish the Performance Deposit to the sum initially deposited. Failure to replenish the Performance Deposit within seven (7) days following the DRB’s delivery of written demand shall be deemed a material breach of the Guidelines and the Declaration and

shall entitle the DRB to (i) deny con- tractor’s access to the community (including any of contractor’s suppliers, subcontractors, employees and material men) and (ii) lien the lot in an amount equal to the Performance Deposit deficiency. Upon tendering the Performance Deposit, the owner shall execute and deliver to the DRB a Notice of Voluntary Lien in the form attached hereto (see Appendix D).

Upon completion of the improvements approved by the DRB (including clean up), the owner shall certify in a letter to the DRB (the “Certification”) that: (i) The improvements constructed upon the lot have been built in compliance with (a) the approved plans, (b) the Declaration, (c) the Guidelines and all other rules and regulations adopted for the community; (ii) All appropriate cleanup has been made; (iii) All required landscaping improvements have been completed; and (iv) Neither the owner, the contractor, nor their respective agents, employees nor representatives have caused any damage or, in the alternative, that all damage caused by said individuals/entities has been repaired or rectified to the satisfaction of the DRB. The Certification shall be delivered to the address so designated by the DRB, which body shall have thirty (30) days from the receipt thereof to confirm the Owners compliance with all applicable requests of the DRB and then deduct the Street Impact Fee from the Performance Deposit and return the remaining funds. The Street Impact Fee for Building in Wohali is: 0-3,000 total square feet-$4,000 i. 3,001-6,000 total square feet -$8,000 ii. 6,001- 9,000 total square feet-$10,000 iii. Greater than 9,001 total square feet-$12,000 In the event that the DRB refuses to return all or a portion of the Performance Deposit due to the owner’s non-compliance which will be detailed in writing to the owner, the owner shall have the opportunity to resubmit a supplemental Certification upon remedying the issues/problems identified in the DRB’s notice of non-compliance.

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Owner and/or Owner’s Agent hereby agree to indemnify Wohali Land Estates, LLC, the Design Review Board, Wohali Resort, and Wohali Resort, LLC and to defend and hold those same parties harmless from all claims, costs, fees (including court costs and witness and attorney’s fees), expenses, loss, damage and liability of any kind, including, without limitation, mechanics’ or material men’s liens, which may be asserted against or incurred by the DRB as a result of the construction activities by Owner and/or Owner’s Agent or their respective agents, representatives and employees. This indemnity shall survive the final completion of the construction activities conducted on the owner’s lot. (See Appendix C for Performance Deposit and Appendix D for Notice of Voluntary Lien.)

the Wohali Covenants, Conditions and Restrictions (CC&Rs), Summit County’s applicable codes and ordinances, and other state and federal regulations that apply to development at Wohali.

A. Pre-Design Conference Prior to preparing preliminary plans for any proposed improvement at Wohali, the owners and their consultants (including some or all of the following: architect, landscape architect, engineer, and contractor) must meet with a representative of the DRB to discuss proposed plans and to resolve any questions regarding building requirements at Wohali. This informal review, which should occur on the property, is intended to offer guidance and answer questions prior to the initiation of preliminary design.

The parameters and directives identified at each Pre-Design Conference remain valid for six months only. If the submittal of a preliminary design does not occur with six months of this Conference, a supplementary Pre-Design Conference will be required to review any changes in site conditions or revisions to the Design Guidelines that may have occurred.

B. Preliminary Design Submittal The Lake House

VII. DESIGN REVIEW PROCESS Site sensitive design is fundamental for development at Wohali.

Design drawings should evolve from the careful and thorough analysis of a site’s specific setting and features. Consequently, Owners and their consultants should approach a site with an open mind, creating development that fits within the environment in which it will be placed.

Owners shall assemble a design team that includes an architect and a landscape architect having registrations in the State of Utah. Owners and their design teams should become familiar with these Design Guidelines,

The preliminary design submittal must follow the Pre-Design Conference within six months and must include the following exhibits: • Site plan (scale at 1” = 10’ or 1/8” = 1’) showing the entire lot, location of the building pad, building setbacks, limits of disturbance, the building footprint including garage and decks or porches, driveway, terraces, patios, existing grades and proposed grading, proposed finished floor elevations, significant trees, clusters of native shrubs and special terrain features to be preserved. On large acreage lots, the overall lot site plan may be a larger scale drawing. The scale stated above will be used for the building and improvement area.

• Survey (scale at 1” – 10’ or 1/8” – 1’) prepared by a registered land surveyor or licensed civil engineer and showing the home site boundaries and dimensions, topography (2-foot contours or less),

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major terrain features to include areas of 30% or greater slopes, trees, edge of pavement or curb and utility locations.

Floor plans (scale ¼” or 1/8” = 1’) showing proposed finished floor elevations.| Exterior elevations (scale ¼” or 1/8” = 1’) showing both existing and proposed grade lines, plate heights, ridge heights, roof pitch and an indication of exterior materials and colors.

Preliminary landscape plan showing existing vegetation, areas of proposed removal of vegetation during construction, as well as proposed site furnishings, areas proposed for new plantings and suggested irrigation.

Preliminary lighting plan showing locations of any free-standing light standards with material types and light sources, lighted landscape elements, and lighting on exterior building spaces and outdoor living areas.

A digital Materials Board illustrating samples and colors of exterior materials are to be submitted to the DRC as part of the Preliminary submittal for the structure. The DRB reserves the right to request physical material samples or physical mock-ups for approval of materials using a 6” x 6” dimension for each sample.

Other drawings, materials or samples requested by the DRB.

•

Two sets of plan prints and a digital copy of the plans shall be submitted.

DRB will review the plans and respond in writing no later than 30 days following receipt of a complete submittal.

•

C. Final Design Submittal

• • •

• •

•

•

•

•

A final design submittal shall follow within six months but no longer than twelve months from the DRB’s granting of approval for the preliminary design. This submittal must include the following exhibits.

Review by the DRB will not begin until all required documentation is received.

Summit County and other jurisdictional agency reviews are in addition to review by the Wohali DRB and approvals from all reviewing entities must be obtained prior to commencement of construction.

• • • •

• •

•

•

Final Site Plan (scale at 1: = 10’ or 1/8” = 1’) showing the entire lot, the building pad, building setbacks, limits of disturbance, the residence and all other buildings, driveway, culverts, drainage channels, parking areas, existing and proposed topography, finished floor elevations, protected plants and trees, special terrain features to be preserved, trees to be removed, utility sources and connections, and site walls/fences.

Floor Plans (scale ¼” = 1’ or 1/8” = 1’) showing finished floor elevations.

Roof Plan (scale ¼” = 1’ or 1/8” = 1”) showing all roof pitches.

Building Sections (scale ¼” = 1’ or 1/8” = 1’ or larger) indicating existing and proposed grade lines.

Exterior Elevations (scale ¼” = 1’ or 1/8” = 1’) showing both existing and proposed grade lines, plat heights, roof pitch and an indication of exterior building materials and colors.

Materials Sample Board and literature as required by the DRB depicting and describing all exterior materials.

Final Landscape Plan (scale 1” = 10’ or 1/8” = 1’) showing size and type of all proposed plants, irrigation system, decorative materials or borders, and retained plants, as well as outdoor living spaces including pathways, gazebos, decks, greenhouses and so forth.

Plans for areas disturbed by construction shall be revegetated using a seed mixture composed of endemic plant species.

Final Lighting Plan (scale 1” = 10’ or 1/8” = 1’) showing final locations of free-standing light standards with materials and specifications, lighted landscape elements, as well as lighting on exterior building spaces and outdoor living areas Construction Site Plan as outlined in Section V-B. Construction Documents with one set of plans and specifications.

Construction Schedule showing anticipated construction commencement, inspection intervals and construction completion.

Structural Certifications.

The DRB may also require on-site staking of building corners and other improvements. The submittal must include two sets of plan prints and a digital copy of the plans. A complete submittal package must be received at least five days prior to a scheduled DRB review meeting in order to be placed on the agenda for that meeting.

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The DRB will review final submittal packages and respond in writing within 15 days but no later than 30 days after a complete submittal has been received. Results of reviews will not be discussed over the telephone and Owners and their consultants will only be included in review meetings at the invitation of the DRB. Responses to the DRB by Owners and/or their consultants must be in writing. DRB’s final approval is valid for 12 months from the date of approval.

during construction does not constitute an approval by the DRB of work in progress or compliance with the Design Guidelines. Any such inspection shall not be construed as an acceptance of any improvements or conditions, or as a waiver of any provision of these Design Guidelines or of any condition of approval established by the DRB.

F. Modifications to Plans after Approval At the discretion of the DRB, an on-site inspection may be conducted prior to final design review to confirm that plans reflect actual site conditions. A Design Review Submittal Check List is included as Appendix B.

Any modifications or additions to plans, whether architectural or site designs, including color or materials changes, must be submitted to the DRB for approval prior to implementation.

D. Resubmittal of Plans G. Review Criteria, Variances In the event that plan approval is denied for either a preliminary or final submittal, a resubmission of plans shall follow the same procedure as an original submittal.

E. Construction Commencement On receipt of final approval from the DRB and all other reviewing agencies, and upon obtaining a building permit from the Summit County Building Department, the Owner may begin construction in accordance with the approved plans immediately or not later than 12 months following final approval. If construction has not commenced within this time period, approval will be considered revoked.

In any event, construction must be completed within two years from commencement except if completion is impossible due to labor strikes, national emergencies or natural calamities. If the two year deadline will be breached, Owners or their representatives must notify the DRB, indicating the reasons for the delay and the revised timeline for completion.

At the discretion of the DRB, work in progress may be inspected and notice may be given of noncompliance with approved plans and/or these Design Guidelines. The DRB reserves the right to hire an independent inspector at the property Owner’s expense should circumstances dictate. Absence of such inspection or notification

The Design Guidelines are intended to provide a framework for improvements but they are not all-inclusive. In its review process, the DRB may consider the quality of workmanship and design, harmony of external design with existing structures, and location in relation to surrounding structures, topography, and finish grade elevation, among other things. DRB decisions may be based on purely aesthetic considerations.

However, the DRB shall not grant approval for proposed construction that is inconsistent with the Design Guidelines unless a variance is granted. The DRB may grant variances when circumstances such as, without limitation, topography, natural obstructions, hardship or environmental considerations are deemed by the DRB to be reasonable issues to support such variances. The DRB may grant a variance so long as the variance does not result in a material violation of the Declaration and is compatible with existing and anticipated uses of the adjoining properties. No variance shall be effective unless in writing and signed by a majority of the DRB members. Any approval of a variance shall not be deemed to set a precedent for future requests; nor shall it obligate the DRB in any way to approve the same or similar variances, even if similar conditions exist.

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H. Right of Waiver

J. Design Review Fee

The approval by the DRB of any plans, drawings or specifications for any work done or proposed to be done shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing or specification subsequently or additionally submitted for approval.

Failure to enforce any of the Design Guidelines shall not constitute a waiver of same.

A Design Review fee will be charged as determined by the DRB. The initial fee has been set at $5,000 per lot. Additional Design Review fees may be charged for resubmittals, remodels or other special circumstances. Design Review fees are due at the time of preliminary submittal and no plan review will be conducted until fees are paid in full. Fees may be updated at any time and at the discretion of the DRB.

The DRB reserves the right to waive or vary any of the procedures set forth herein at its discretion for cause.

I. Construction Completion Construction activities including landscape installations must be completed within 24 months of construction start. Upon certificate of occupancy, the DRB will inspect the property and issue a certificate of final construction approval.

VII. ARCHITECTURAL REVIEW COMMITTEE STRUCTURE A. Members As stipulated in the Covenants, Conditions and Restrictions (CC&Rs) of Wohali, as long as the Developer owns any lot or parcel within Wohali, the Architectural Review Committee (DRB) will consist of three (3) regular members and one (1) alternate member, each of whom will be appointed by and serve at the sole discretion of the Developer. At such time as the Developer no longer owns any property within Wohali, the DRB will consist of such number of regular and alternate members as the Board of Directors of the Wohali Home Owners Association (Board) may deem appropriate from time to time, but in no event shall there be less than three (3) or more than seven (7) regular members, nor less than one (1) nor more than three (3) alternate members. In this case, each of the members will be appointed by and serve at the discretion of the Board.

Additional regulations governing the appointment of DRB members are outlined in Article II of Wohali Resort Declarations.

B. Meetings The DRB will meet on a regularly scheduled basis as determined feasible and necessary to perform their duties during development of the property. The vote of a majority of the members shall constitute an act by the DRB The DRB will keep on file all submittals and copies of written responses to Owners and their consultants to serve as a record of actions taken.

Gate house

C. Address The address of the DRB is 247 Village View Drive, Coalville, Utah 84017.

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Such address will be the place for submittal of plans and specifications for review and also where copies of these Design Guidelines can be obtained.

•

D. Resignation of Members

Every owner or other person, by submission of plans and specifications to the DRB for approval, agrees that no action or suit against the DRB, any of its members, or the Developer, will be brought as a result of any action taken by the DRB.

Any member of the DRB may, at any time, resign from the Committee upon written notice delivered to the Board.

E. Amendment of Design Guidelines The DRB may, from time to time at its sole discretion, amend or revise any portion of the Design Guidelines. All such amendments or revisions must be appended to and made a part of the Design Guidelines.

Administrative changes may be in a like manner by the DRB. Changes of a substantive nature may be recommended by the DRB for consideration by the Board.

F. Liability Neither the DRB, nor any member thereof, nor Wohali, its Home Owners Association, its members, managers, employees, agents, or affiliates will be liable to any Owner or other person for any loss or damage claimed on account of any of the following: •

•

The approval or disapproval of any plans, drawings and specifications, whether or not defective. Owners acknowledge that the DRB is not reviewing plans, drawings or specifications for structural soundness, adherence to codes, or other similar purpose, but only with the intent of determining whether such plans, drawings and specifications comply with the provisions of these Design Guidelines. Neither the DRB nor any of its individual members, whether or not such member is a licensed or registered design professional, shall have any liability as architect, engineer or other design professional.

The construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications regardless of any inspections by the DRB during the course of construction.

•

The development or manner of development of any property within Wohali.

The inspection or approval of any improvements within Wohali.

Approval by the DRB of any improvement at Wohali only refers to the Wohali Design Guidelines and in no way implies conformance with local government regulations. It shall be the sole responsibility of the Owner to comply with all applicable government ordinances and/or regulations, including but not limited to zoning ordinances and local building codes.

G. Delegation of Authority The DRB may delegate any or all of its Design Review responsibilities to one or more of its members, acting as a subcommittee of the DRB, and/ or a professional design consultant retained by the DRB on behalf of the Board. Upon such delegation, the actions of such members or consultants shall be equivalent to action by the Committee as a whole.

H. Governance These Design Guidelines are promulgated pursuant to the terms and conditions of the CC&Rs of Wohali. In the event of any inconsistency between the provisions of these Design Guidelines and the provisions of the CC&Rs, the provisions of the CC&Rs shall apply. In the event of any inconsistency between codes and ordinances of local, state and federal agencies and these Design Guidelines, the stricter regulation, code or requirement shall apply.

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APPENDIX A APPROVED PLANT LISTS

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APPENDIX B - DESIGN REVIEW SUBMITTAL CHECK LIST

Paid and signed Performance Deposit

1. PRE-DESIGN CONFERENCE (Must occur prior to commencement of design)

4. OBTAIN COUNTY BUILDING PERMIT Upon DRB Final Approval, a letter will be provided to applicant to be submitted with the Building Permit Application

REVIEW ITEM - IN COMPLIANCE Y/N & DATE COMMENTS Confirm conditions depicted in the Lot Features Map Has reviewed Design Guidelines, Recordation Plat, CC&Rs and Summit County codes and ordinances Ask and answer questions related to the design and approval of residences at Wohali

5. CONSTRUCTION COMMENCEMENT Within 12 months of final DRB approval 6. CERTIFICATE OF FINAL CONSTRUCTION APPROVAL Issued by the DRB upon completion of construction and all required inspections

2. PRELIMINARY DESIGN SUBMITTAL Provided site plan with surveyed topography Provided preliminary floor plans Provided preliminary exterior elevations and building colors Provided preliminary grading plan Provided preliminary landscape plan Provided preliminary lighting plan Provided any supplemental drawings, materials and studies requested during the Pre-Design Conference Paid review fee and filled out application 3. FINAL DESIGN SUBMITTAL Provided final site plan Provided final floor plans Provided roof plan Provided final exterior elevations Provided exterior materials sample board Provided final landscape plan Provided revegetation plan Provided final lighting plan Provided construction site plan Provided complete set of construction documents Provided structural certifications Provided construction time schedule

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APPENDIX C – PERFORMANCE DEPOSIT FOR BUILDER RULES AND REGULATIONS “____________________ (“Owner”) does hereby deposit, in compliance with the Builder Rules and Regulations adopted by the Design Review Board (DRB) and the Board of Directors of Wohali, with the Declarant/Wohali Agent the sum of $15,000.00 (fifteen thousand dollars) (hereinafter referred to as the “Deposit”) and agrees to the following terms and conditions: 1. The Deposit shall be held as security against any and all damage caused by the acts and/or omissions of Owner and/or Owner’s Agent and/or their respective employees, agents or subcontractors in connection with the construction of improvements on the Owner’s Lot. 2. Upon the occurrence of any damage, the Declarant (if prior to the Transition Date) or the Wohali Home Owners Association (HOA) (if after the Transition Date) from time to time, and without prejudice to any other remedy, may use the Deposit to, among other things, (a) repair and/or rectify the damage or (b) enforce the Guidelines, the Declaration/ CC&Rs and any other rule or regulation thus violated and cure any defect or problem caused by said non-compliance. It is expressly understood that the use of any or all of the Deposit shall not be considered a measure of the damage nor release the Owner from paying additional amounts if the total damage exceeds $15,000.00.

3. Following the Declarant/HOA’s use of all or any portion of the Deposit, the Owner shall immediately pay to the Declarant/HOA an amount sufficient to replenish the Deposit to the sum initially deposited. Failure to replenish the Performance Deposit within seven (7) days following the Declarant/HOA’s delivery of written demand shall be deemed a material breach of the Guidelines and the Declaration/CC&Rs and shall entitle the Declarant/HOA to (i) deny Owner and/or Owner’s Agent access to the community (including any of Owner and/or Owner’s Agent suppliers, subcontractors, employees and material men) and (ii) lien the Lot in an

amount equal to the Performance Deposit deficiency.

4.

Concurrent with the delivery of the Performance Deposit, the Owner shall execute and deliver to the DRB a Notice of Voluntary Lien in the form attached hereto.

5. Neither the Declarant, the DRB, the Board, the HOA nor any member thereof shall be liable to the Owner or any other person for any loss, damage or injury arising out of the payment or non-payment of the Deposit funds unless such loss, damage or injury is due to willful misconduct or bad faith of the DRB, the Board, the HOA or the respective members thereof, as the case may be.

6. Upon completion of the construction of Owner’s Lot as per the approved plans and specifications, delivery of the Certification to the BRB, and a final inspection by the DRB satisfactorily indicating that no damage as set forth in item 1 remains un-remedied and that all construction has been completed pursuant to the approved plans and specifications, including landscaping plans, the Deposit or any balance thereof shall be returned to the Owner.

7. The Certification shall be delivered to the address so designated by the DRB, which body shall have thirty (30) days from the receipt thereof to confirm the Owners compliance with all applicable requests of the DRB and then deduct the Street Impact Fee from the Performance Deposit and return the remaining funds. The Street Impact Fee for Building in Wohali is: i.

0-3000 total square feet - $4,000 ii.

3,001-6,000 total square feet -$8,000 iii.

6,001- 9,000 total square feet-$10,000 iv.

Greater than 9,001 total square feet-$12,000 In the event that the DRB refuses to return all or a portion of the Performance Deposit due to the owner’s non-compliance which will be detailed in writing to the owner, the owner shall have the opportunity to resubmit a supplemental Certification upon remedying the issues/problems identified in the DRB’s notice of non-compliance.

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Executed on this

day of

, 20

.

8. No interest shall be payable on the Deposit.

OWNER: 9. By signature below, the Declarant/Wohali Agent (circle one) acknowledges receipt of $15,000.00 (fifteen thousand dollars) in the form

Lot Address:

of______________________________________________ DECLARANT/WOHALI AGENT (circle one) By: When recorded, return to:

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APPENDIX D – NOTICE OF VOLUNTARY LIEN

On this day of the undersigned officer, personally appeared

On the day of , 20 , the undersigned, as Owner of Lot of Wohali (see legal description attached hereto as Exhibit “A”), entered into that certain Performance Deposit agreement with Wohali which provides, among other things, that in the event of the failure of the undersigned to timely replenish the $15,000.00 deposit mandated in the Performance Deposit agreement, there shall be recorded this “Notice of Voluntary Lien” in respect of the real property more particularly described in the attached Exhibit “A” (the “Benefited Property”).

The amount due and owing from the undersigned, as of the date of recordation hereof, is (the “Unpaid Deposit”).

The undersigned hereby covenant and agree that Wohali shall have a voluntary, consensual lien upon the Benefited Property in the amount of the Unpaid Deposit, said lien to continue until such time as with Wohali receives full payment of the Unpaid Deposit.

, 20

, before me,

, known to me to be the person(s) whose name(s) is (are) subscribed in the foregoing instrument and acknowledged that he/she/they executed the same for the purposes herein contained.

In witness hereof, I hereunto set my hand and official seal.

Notary Public My Commission expires:

Properly interest parties may inspect a copy of the Performance Deposit agreement by contacting with Wohali at , Attention: .

The undersigned herewith represents and warrants that, as of the date of execution hereof, the undersigned own(s) fee simple title to the Benefited Property. This Notice of Voluntary Lien constitutes a continuing lien upon the Benefited Property and shall continue in full force and effect until released by a properly recorded instrument executed by with Wohali.

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Occupancy. Pictures of any construction trailers or portable field office that will remain on site more than 1 night need to be shown at this meeting and approved by the DRB. All trailers and site offices need to have an appearance that is suitable for being a temporary part of this impressive development. The type, size and color of any portable office must be approved so please bring photographs to this meeting. Old, dilapidated, or unsightly by appearance trailers or site offices will be denied.

APPENDIX E Builder Rules & Regulations for Construction at Wohali To preserve good order and discipline in the Wohali Community and maintain the preservation of natural areas of Wohali it is critical to the community to have a set of regulations that govern construction. To ensure that natural areas surrounding every home site are preserved to the maximum extent possible and the nuisances inherent in any construction process are kept to a minimum, the following regulations will be enforced during the construction period. An “Owner’s Agent” is defined as any person responsible for representing the Owner’s interests throughout all project phases. Owner and/or Owner’s Agent will be responsible for violations of these Guidelines whether such violation occurs on the owner’s property or elsewhere in the community. Applicable Occupation Safety and Health Act (OSHA) regulations and guidelines must be observed at all times during construction.

1.

Preconstruction Conference a. Owner and/or Owner’s Agent must schedule and attend a Preconstruction Conference with the Design Review Board (DRB), prepared with a Construction Site Plan which details access points for the construction, parking (including showing parking capacity designed to accommodate construction vehicles such that all will be off of the road), concrete washout locations, portable sanitation location and identified smoking areas. Prior to site disturbance, trees and all natural areas which are to be preserved must be marked and protected by flagging, fencing or barriers. The DRB has the right to flag major terrain features, trees or plants it deems should be protected. In preparing the Construction Site Plan, access can be scheduled with a Wohali representative. b. A construction schedule will also be required at this meeting detailing the following: Survey (unless accomplished previously) Silt and other Environmental Fencing, Excavation, Grading, Framing inspections, 4-way Inspection, Completion of Exterior (Roof and Exterior Walls), Completion of Landscape, Date of Final

Upon approval of the building permit and not sooner than two weeks prior to commencement of continuous construction, the construction trailer or portable field office may be located on the building site, clear of all setbacks unless otherwise approved by the DRB. Temporary power and telephone may be installed when the field office is placed on site.

A picture of the intended-for-use trash receptacle that includes a cover must be submitted for approval at this conference as well.

Receptacles shall be positioned along the access drive, clear of adjacent road rights-of-way and neighboring properties. Trash receptacles must be emptied on a timely basis to avoid overflow of refuse and disposal must be off site. c. An Engineered Storm Water Pollution Prevention Plan (SWPPP) is required. If any blasting is anticipated, Engineered Blasting Plan is also required at this meeting. A Fire Danger Plan is also required. d. A track-out pad is required previous to any concrete or asphalt and must be shown on the plan. e. The Performance Deposit executed agreement is due at the Preconstruction Conference. f.

At or prior to the Preconstruction Conference, the Owner and/or Owner’s Agent must submit an executed acknowledgment in the form substantively provided at the end of these Builder Rules &

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2.

Regulations, which acknowledges that Owner and Owner’s Agent are bound by the terms and conditions of the rules and regulations set forth herein.

and compelling reason to do so. If there is a compelling reason to access another area within the Wohali development, the individual must be accompanied by a the DRB representative.

Worksite Conditions a. In accordance with the limits of disturbance on the approved site plan, and in addition to silt fence, a 6’ tall temporary, chain link mesh fence is required along the entire limits of disturbance of the project. Where driveways longer than 100’ are required to access the primary limits of disturbance area, green “safety fence” may be substituted in place of the chain link fence for the driveway area only. All fencing must be properly maintained, remain upright and in good condition for the duration of the construction project.

e. The DRB will bring any damage caused by the Owner and/or Owner’s Agent to their attention including a time frame and schedule of when the damage needs to be repaired. The Owner and/or Owner’s Agent will then agree to expedite the repair using their own resources. If the Owner and/or Owner’s Agent fails to conduct the repair in the timely manner put forth by the DRB, the DRB will provide notice to Owner and/or Owner’s Agent that they are doing the repair including the cost. Within 24 hours of the DRB providing notice to the Owner and/or Owner’s Agent, they can begin the repair. The cost will be deducted from the Performance Deposit, per the Wohali Design Guidelines, will be obligated to replenish the Performance Deposit within 7 days including payment for any excess above the amount of the initial Performance Deposit.

b. Owner and/or Owner’s Agent shall be responsible for supplying and maintaining reasonable sheds and trailer(s), onsite offices as necessary for the storage of materials and equipment pertaining to the Work, securing them will be the responsibility of the Owner and/or Owner’s Agent. The DRB will not be responsible for any lost or stolen materials from Owner and/or Owner’s Agent jobsite and we encourage the Owner and/or Owner’s Agent to carry insurance that protects against such theft. c. Owner and/or Owner’s Agent shall not cause any unnecessary hindrance or delay to the DRB or to any other Contractor on site and shall bear the cost of all damages done to the work, materials or equipment of the DRB or other Contractor by its employees.

Owner and/or Owner’s Agent will repair all damages to adjoining streets, sidewalks, and premises done by it or its employees and shall be directly responsible to any other Contractor or Subcontractor whose work is so damaged. d. Upon entering Wohali property, Owner and/or Owner’s Agent should report directly to their construction site. Owner and/or Owner’s Agent should refrain from leaving their jobsite to access other areas within the Wohali development unless there is a clear

f.

The DRB reserves the right to begin repair immediately on damage resulting from negligence of the Owner and/or Owner’s Agent when the DRB feels that, in their best interest and judgement, that waiting to allow the Owner and/or Owner’s Agent to resolve the damage would cause a delay that could either further damage property at Wohali or impede the progress of the DRB or any other Contractors working within Wohali. At this time, a market appropriate amount will be charged to the Performance Deposit and the Owner will be obligated to replenish the Performance Deposit in addition to paying any amount in excess of the Performance Deposit.

g. Driving across neighboring property or golf property to access the lot of Owner’s project is prohibited unless written approval is received. h. Owner and/or Owner’s Agent shall at all times enforce strict discipline and good order among its employees and shall not employ

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any unfit person or anyone not skilled in the work assigned to such individual. i.

Owner and/or Owner’s Agent shall maintain the areas of work in a safe and orderly fashion and be responsible for the cleanup of the Work, including any rubbish, crates, etc., accumulated in the performance of the Work, on a daily basis, and also upon Substantial Completion and Final Completion. It is the responsibility of the Owner and/or Owner’s Agent to remove any packaging, trash, unused materials or faulty materials from the site and dispose using their own means of disposal. The use of the DRB trash bins, dumpsters or haul aways are prohibited. If clean-up is not performed to the satisfaction of the DRB within 24 hours’ notice, the DRB may remove the rubbish etc. and make a deduction from the Performance Deposit. Trash receptable are required to be covered at the end of each day but may remain open during the day.

Owner and/or Owner’s Agent are prohibited from dumping, burying, or burning trash of any kind (including construction and landscaping debris) anywhere on the home site or in Wohali.

All concrete washout from both trucks and mixers must occur within a contained area of the building pad in a location where it will ultimately be removed from the site completely. Concrete washout in road rights-of-way, setbacks or on adjacent properties is strictly prohibited.

j.

A cobble track out pad is required on each job site featuring a variety of rock from 6” minus in diameter and installed at least 6” thick over filter cloth. The size of the track out pad to be 16’ X 50’.

The intent of the track out pad is to help keep sediments and mud off of roadways. If the design of your track out pad is not accomplishing this purpose in an acceptable way, you will be required to redo the pad. Maintaining the track out pad so it optimally performs is the responsibility of the Owner and/or

Owner’s Agent. Owner and/or Owner’s Agent is also responsible for the dust and dirt control from their building site including periodic sweeping for removal of dirt and mud on public roadways. k. A culvert must be installed to protect the stone lined water way for vehicle passage from roadway onto the driveway such that water can continue to travel parallel to the roadway. Any damage to the stone lined waterway must be repaired by Owner and/or Owner’s Agent in a timely manner and as requested by the DRB. l.

Any damage to soft shoulder of roadway must be repaired by Owner and/or Owner’s Agent in a timely manner and as requested by The DRB and not left until the end of Construction.

m. Previous to cutting into asphalt road, a road cut permit must be obtained by Owner and/or Owner’s Agent and the means and methods to perform joining new driveway to road approved by the DRB. n. All large construction equipment such as cranes, pump trucks, large excavators and other that may impede traffic must also be accompanied by proper traffic control measures. Procedures must be implemented so that the risk of any equipment with tracks or outrigging damaging the roadway is mitigated. You are responsible for repairing any road damage. o. Sanitation toilets should be, in number, adequate for the number of employees on the job site. They should be located per the plan submitted for the Preconstruction Conference, which shows them located within the building pad in discreet locations. Toilets must be maintained regularly and not odorous due to lack of regular maintenance. p. It is the Owner and/or Owner’s Agent responsibility to plan for and provide temporary run-off channels to direct water in a way that is least disruptive to the development and preserves the lands outside

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of the limits of disturbance as much as possible. During excavation, if cut and fill is necessary, any exposed embankments must be reseeded and mulched within 4 weeks of vegetation stripping.

construction personnel must not be audible beyond the property perimeter of any home site. v. Following the Preconstruction Conference and until permanent occupancy is granted, the DRB reserves the right to be onsite at any time without any notice to the Owner and/or Owner’s Agent to inspect that the worksite and jobsite performance is being conducted according to this agreement.

q. As per the engineered SWPPP, all storm drains running in front of your property and the next drain downstream of your property located on the same side of the road must be protected with straw waddle or rock socks or other appropriate erosion deterrent.

Temporary run-off channels must be built to drain construction zones. In areas draining two acres or less, channels must have silt screens installed at appropriate locations. Silt screens shall be stretched across and anchored to the bottom of the channels with straw waddles placed on the upstream side of the fabric. Where watershed above the site exceeds two acres, temporary earthen berms or ditches for channeling must be used in conjunction with silt screens.

w. For the safety of all involved, visitors to job sites are to be kept to a minimum. Children are not allowed on the construction site at any time. All visitors must wear proper PPE as defined by OSHA and check in and check out at the Wohali Security Representative. It is the responsibility of the Owner and/or Owner’s Agent to provide the name of visitors to the Wohali Security Station prior to their arrival. x. In order for the Owner and/or Owner’s Agent to gain access to the project site, a list of vehicles including make, model and license plate numbers is required previous to their arrival. At any time, the DRB reserves the right to verify vehicle insurance of Owner and/or Owner’s Agent.

r. All dirt or rock piles must be kept and piled within the limits of disturbance and be no higher than 10 feet in height from native grade unless permission is received from the DRB in writing. s. Material deliveries or equipment deliveries must be delivered directly to the limits of disturbance and not remain on the street.

At the end of business each day all delivered equipment, machinery and materials must be within the building limits of disturbance.

y. All individuals working on the site must complete the DRB credentialling process which includes an orientation session. This orientation session must be completed prior to working on the site.

3.

t.

Work can be performed during the hours of 7 a.m. to 6 p.m. every weekday and on Saturdays from 8 a.m. to 4 p.m. All Construction work is prohibited on Sunday. Any work outside of these hours needs to be approved by the DRB. the DRB reserves the right to limit construction activities on Federal and State holidays.

u. The Owner and/or Owner’s Agent is responsible for controlling noise from the Construction site and must do so in a reasonable manner. The sound of radios or other audio equipment used by

Signage a. The DRB will provide and install an approved Wohali Standard Construction Sign. It is the Owner and/or Owner’s Agent responsibility to add the approved exterior finishes to this sign including the masonry(s), siding(s), shingle/roofing finish(s) etc.

The fee for the sign and the in-ground installation is $2,000 and is payable at the Preconstruction Conference. b. In line with the SWPPP submitted at the Preconstruction Conference, SWPPP details must be included on sign. c. Other than the approved construction signage detailed above, the

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Owner and/or Owner’s Agent shall not display on or about the Project Site any sign, trademark or other advertisements without written approval from the DRB. d. Signs advertising that a site is “available” or “for sale” are prohibited without written approval from the DRB. 4.

Before you Dig or Blast a. Owner and/or Owner’s Agent shall be responsible for contacting “811” and for complying with all applicable laws pertaining to utility mark-outs. Owner and/or Owner’s Agent shall be held directly responsible for any costs, fees, penalties, and/or judgments pertaining to any deviation from these rules and regulations and also includes, but is not limited to, any damage caused to any utility line. b. The Owner and/or Owner’s Agent shall not damage or endanger a portion of the Work or fully or partially completed construction of any work on the Wohali Project by cutting, patching or otherwise altering such construction, or by excavation without written notice and such consent shall not be unreasonably withheld. c. A minimum of 2 weeks notice is required before blasting. The engineered blasting plan must be approved by the DRB prior to the commencement of blasting. Notice must be accompanied by proof of city approvals and may only be conducted by licensed blasting or demolitions technicians. Proof of blasting companies’ insurance is also required before approval will be granted.

5.

Building Codes a. Owner and/or Owner’s Agent expressly warrants it is fully familiar with all applicable and current Federal, State, and Local Building Codes and Regulations, including but not limited to, Building, Environmental, and Fire Codes (collectively, “the Codes”) and that all work shall be in full compliance with the Codes.

b. Builders are required to follow Coalville City Standards for all sewer and water connections.

6.

Safety a. The DRB is dedicated to providing a safe working environment. The Owner and/or Owner’s Agent must do everything in their power to make sure the job safe for themselves and others. Owner and/or Owner’s Agent shall take all necessary precautions for the safety of its own employees and the employees of other trades and shall comply with all applicable provisions of federal, state and municipal safety laws and building codes to prevent accidents or injuries to persons on, about or adjacent to the premises where the work is being performed, including the erection, where appropriate, of all necessary safeguards. b. Owner and/or Owner’s Agent warrants and represents that it has read and is knowledgeable of such rules, regulations, requirements and laws, and particularly with the Owner and/or Owner’s Agent provisions and penalties of the Williams-Steiger Act (also known as the Occupational Safety & Health Act, OSHA). In the event that the DRB or any of it’s entities is charged with a violation of any such rules, regulations, requirements and laws as the result of the Owner and/or Owner’s Agent’s act or failure to act or to conform with such rules, regulations, requirements and laws, Owner and/or Owner’s Agent agrees to indemnify and hold the DRB harmless from any and all assessed penal sums together with reasonable costs, including attorney’s fees, incurred by the DRB in defending such alleged violations. c. In the event that an accident does occur, Owner and/or Owner’s Agent is required to notify the DRB immediately as well as, if requested by The DRB, cooperating fully with The DRB for the completion of an incident report form.

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d. If Owner and/or Owner’s Agent has any safety concern, they are directed and encouraged to immediately notify the Wohali Builder’s onsite Safety Manager. e. It is the Owner and/or Owner’s Agent responsibility to ensure that each person on the site always properly wear Personal Protective Equipment (PPE). f.

Owner and/or Owner’s Agent shall designate an appropriate and capable representative to attend the DRB trade and safety meetings on a periodic basis as requested by the DRB.

g. Owner and/or Owner’s Agent shall maintain a complete and accurate SDS (Safety Data Sheets) for all materials required for the construction process or that will be on site and maintain in a book form for quick access. The DRB reserves the right to ask for and inspect the Owner and/or Owner’s Agent SDS book at any time. h. Due to fire danger, hot work, candles, heaters or open flames are to be supervised at all time and a fire danger plan implemented to extinguish any fires. Small, contained and supervised fires (for heating masonry) may be acceptable if approved in writing. All other onsite fires are prohibited. Each project is required to have at least 1 qty 20 lb. ABC Rated Dry Chemical Fire Extinguisher on site and easily accessible at all time. Owner and/or Owner’s Agent will be liable for any fire that requires extinguishing. i.

No Pets are allowed onsite at Wohali. However service animals are permitted.

j.

Any wildlife found on or around the property is to be left alone.

k. Other than cut and fill areas detailed in this document that require more immediate landscape restoration for erosion effects, at the conclusion of the build, all landscape grades and vegetation must be restored with native plants and grasses.

7. Hazardous Materials 1. Owner and/or Owner’s Agent shall during the performance of the Work keep or cause the Project Site to be kept free of Hazardous Materials. “Hazardous Materials” means any chemical, substance or material which is now or becomes in the future listed, defined or regulated in any manner by any Environmental Law (defined below) or which has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors. Without limiting the foregoing, Owner and/or Owner’s Agent shall not during the performance of the Work cause or permit the Project or the Project Site to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials and Hazardous Substances, except in compliance with all applicable federal, state and local laws or regulations, nor shall Owner and/or Owner’s Agent cause or permit, as a result of any intentional or unintentional act or omission on the part of Owner and/or Owner’s Agent a release of Hazardous Materials and Hazardous Substances onto the Project Site or onto any other property. Owner and/or Owner’s Agent shall defend, indemnify, and hold harmless Indemnitees from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of the foregoing.

2. Owner and/or Owner’s Agent shall perform the Work in compliance with and shall not cause or permit the Work to be performed in violation of, Environmental Laws. “Environmental Laws” means any and all federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of the courts, permits or permit conditions, currently existing or as amended or adapted in the future which are or become applicable to the Work.

3. In the event that (i) Hazardous Materials are detected as a result of the Work in, on, or under the Project Site or (ii) the performance of

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the Work by Owner and/or Owner’s Agent causes any existing Hazardous Materials in, on, or under the Project Site to be exposed or migrate within or outside of the Project Site, then Owner and/or Owner’s Agent, shall immediately notify the DRB, and make all the required notifications and implement such remedial response measures as may lawfully be required for such Hazardous Materials by any federal, state or local agency with jurisdiction thereof for such contamination, exposure or migration. The DRB shall not be responsible for costs and expenses of such remedial or response activities performed pursuant to this Section, except to the extent that any such costs or expenses arise from the negligent acts or omissions on the part of Owner and/or Owner’s Agent, which costs shall be borne solely by Owner and/or Owner’s Agent.

8. Workplace Violence.

taken seriously. All threats will be thoroughly investigated, and all complaints which are reported to the DRB will be treated with as much confidentiality as possible. b. The possession of and/or discharge of a firearms on Wohali Property is prohibited and is punishable to the fullest extent of the law as well as removal from working on any Wohali project.

9. Photography, Recording Devices and Social Media a. To maintain the security of premises and systems, and the privacy of our employees and customers, the DRB prohibits unauthorized photography, and audio or video recording of its customers, employees, confidential documents, or project (including land or structures) other than relating to the specific lot on which the Owner and/or Owner’s Agent is building. This prohibition includes the use of cell phones, other personal handheld devices as well as drones equipped with cameras and audio and video recording capabilities without written/electronic permission from the DRB.

a. The DRB has a zero tolerance for violent acts or threats of violence against our employees, customers or vendors. We do not allow fighting, threatening words or violence of any kind.

Weapons of any kind are strictly prohibited and not permitted on company premises. No Owner and/or Owner’s Agent should 10. Smoking, Alcohol and Drug Policy a. Owner and/or Owner’s Agent are not allowed to bring alcohol onto commit or threaten to commit any violent act against any the DRB the project site. employee, customer, applicant or vendor. This includes discussions of the use of dangerous weapons, even in a joking b. The DRB maintains a zero-tolerance policy for any illegal drugs. manner. Any person who is subjected to or threatened with violence by any person, customer or vendor, or is aware of another c. At your jobsite, smoking is only allowed at the designated smoking individual who has been subjected to or threatened with violence, areas identified on the site plan presented at the Preconstruction is to report this information to his/her supervisor or manager as Conference. It is the Owner and/or Owner’s Agent’s responsibility to soon as possible. The DRB will notify Owner and/or Owner’s enforce the smoking policy. If this rule is abused, the DRB reserves Agent immediately of any threats or violence of which they are the right to prohibit smoking. Smoking is not allowed in the DRB aware and it is the responsibility of the Owner and/or Owner’s buildings, company vehicles or equipment.

Agent to notify the DRB immediately of any threats or violence of which they become aware. Owner and/or Owner’s Agent agrees 11.

Subcontractors to work with the DRB to mitigate and satisfactory resolve all a. Owner and/or Owner’s Agent agree to require any subcontractors to threats and satisfactorily respond to any violence that has occurred be bound to the Contractor by the terms of this agreement and to including cooperating with law enforcement. All threats should be Architectural and Site Design Guidelines

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assume all obligations and responsibilities, including the responsibility for safety of the Subcontractor’s work, which the Owner and/or Owner’s Agent, by this agreement, assumes toward the DRB.

and request additional time for construction and the claim is dismissed by a court or arbitrator, Owner and/or Owner’s Agent shall pay all reasonable attorney fees and costs incurred by Owner and/or Owner’s Agent in defending against such suit.

12. Time of Commencement and Completion a. As required by the Architecture and Site Design Guidelines, a schedule will be submitted. In the event that this schedule is not completed, at the discretion of the DRB, a liquidated damages fine can be instituted in the amount of $1,000 per diem. All build jobs must be completed within a maximum of 24 months from the issuance of the permit unless an exception is obtained by the Owner and/or Owner’s Agent from the DRB in writing. A build project is considered complete when permanent occupancy is granted.

d. If Owner and/or Owner’s Agent wishes to make a claim for an extension of the time in which to complete the Work, it shall give written notice to the DRB within thirty (30) calendar days after the occurrence of the Unavoidable Delay, which notice shall set forth in detail (i) the nature of each Unavoidable Delay, (ii) the date or dates upon which each cause of delay began and ended, (iii) the number of days of delay attributable to each such cause, (iv) the action taken, or to be taken, by Owner and/or Owner’s Agent to minimize the period of delay and (v) the manner in which such delay effects the schedule then in effect. Owner and/or Owner’s Agent shall furnish such additional supporting documentation as Owner and/or Owner’s Agent may request, including, where appropriate, a revised schedule indicating all of the activities affected by the circumstances which form the basis for the claim. Owner and/or Owner’s Agent shall not be entitled to separate extensions of time for each one of a number of causes of delay which have a concurrent or interrelated effect on the progress of the Work. Owner and/or Owner’s Agent’s failure to comply with the aforesaid notice requirement shall entitle the DRB to deny Owner and/or Owner’s Agent an extension of time thus leaving in place the original schedule and associated liquidated damages if approved construction schedule is not met.

b. Once permanent occupancy is granted, the Owner and/or Owner’s Agent will have a maximum of 6 months (including winter months) to complete fully approved hardscape and landscape plan or a $500 liquidated damages per diem can be assessed to the Builder and paid by the Performance Deposit. c. If Owner and/or Owner’s Agent is delayed at any time by circumstances beyond its reasonable control (“Unavoidable Delay”), including but not limited to the acts of other Contractors, the acts or inaction of governmental authorities, the negligent and willful acts or omissions of the Owner and/or Owner’s Agent strikes or pickets, acts of the public enemy, war, riots or terrorism, adverse weather conditions, floods and the unavailability of material, pandemic, supplies or labor, the Owner and/or Owner’s Agent may be entitled to an extension of the time in which to complete the Work if obtained from the DRB in writing. The DRB reserves the right to deny the extension of time unless it feels that an unavoidable delay did truly occur. If, after and extension of time due to an Unavoidable Delay is denied by the DRB, the Owner and/or Owner’s Agent continues to make claim in a court of law

13. Insurance a. Owner and/or Owner’s Agent shall carry and maintain sufficient insurance for the scope of building project and is also responsible for ensuring that Subcontractors contracted to do work have sufficient insurance for their scope of work including the following: i. Valid Proof of Insurance certificates of the Owner and/or Owner’s Agent naming both the worksite property owner and the DRB as additionally insured is required. ii. The DRB reserves the right to request to see or have a copy of

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proof of insurance of Owner and/or Owner’s Agent at any time. iii. A minimum liability insurance policy of $2 Million for general liability and $2 Million for automobile liability but be carried

by Owner and/or Owner’s Agents. In addition, the insurance shall provide proper coverage, which is not less than the applicable limits of coverage relating to comprehensive general liability, automobile liability and workmen’s compensation. iv. Certificate shall detail that a 30-day is required to be given by all certificate holders when insurance cancellation or change or limits occurs.

Wohali Land Estates LLC 721 Icy Springs Road Coalville, UT 84017 b. Owner and/or Owner’s Agent must specifically obtain Insurance which does not contain an “Employee Exclusion” endorsement which would deny coverage to additional insured(s) for bodily injury claims made by an employee of the Insured (Subcontractor) while in the course of employment with the Insured (Subcontractor).

Additional Insured:

the event liability is imposed against the Indemnitees without negligence and solely by reason of statute, operation of law or otherwise; and 2) partial indemnity in the event of any actual negligence on the part of the Indemnitees either causing or contributing to the underlying claim in which case, indemnification will be limited to any liability imposed over and above that percentage attributable to actual fault whether by statute, operation of law or otherwise. Where partial indemnity is provided under this agreement, costs, professional fees, attorney’s fees, expenses, disbursements, etc. shall be indemnified on a pro rata basis. Indemnification under this paragraph shall operate whether or not Owner and/or Owner’s Agent has placed and maintained the insurance specified under paragraph 13 (a) hereof. Recovery of attorney’s fees, costs, court costs, expenses and disbursements hereunder shall include all those attorney’s fees, costs, court costs, expenses and disbursements incurred in the defense of the underlying claim, in the enforcement of this agreement, in the prosecution of any claim for indemnification hereunder, and in pursuit of any claim for insurance coverage required under paragraph one 13(a) hereof.

14. Indemnification a. To the fullest extent permitted by law, the Owner and/or Owner’s Agent agrees to indemnify, defend and hold harmless the DRB, their officers, directors, agents, employees and partners (hereafter collectively Indemnitees) from any and all claims, suites, damages, liabilities, professional fees, including attorney’s fees, costs, court costs, expenses and disbursements related to death, personal injuries or property damage (including loss of use thereof) brought or assumed against any of the Indemnitees by any person or firm, arising out of or in connection with or as a consequence of the performance of the Work of the Owner and/or Owner’s Agent under this agreement, as well as any additional work, extra work, or add-on work, whether caused in whole or part by the Owner and/or Owner’s Agent. The parties expressly agree that this indemnification agreement contemplates: 1) the full indemnity in Architectural and Site Design Guidelines

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Owner’s Agent Acknowledgement of Builder Rules and Regulations for Wohali As the Owner and/or Owner’s Agent building in Wohali, I acknowledge that I and my employees and any subcontractor that I include in the build for the owner listed below will abide by the Wohali Rules and Regulations found as Appendix E to the Wohali Design Guidelines.

Owner (Add Owner Here) (Add Wohali Lot # Here) (Add Wohali Address Here)

Owners Agent (Add Contractor Company Here)

Signature:________________________________ Printed Name: ________________________________ Title:_______________________________ Date: ______________________ Signer’s Email _____________________________

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