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HomeMy WebLinkAboutDeclaration of CCRs V1APPROVED Da.E 07i26i22 BLINDS SUBDIVISION A-zozz-0�3 tion of Covenants, Conditions and Restrictions DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS for Page 1 BUDGET BLINDS SUBDIVISION THIS DECLARATION is made this of /L' 2022, by Quent Blodgett, Managing Member, Blodgett, LLC, an I aho limited liability company, 3250 N Eagle Rd., Meridian, ID 83646, hereinafter called "Declarant". ARTICLE ONE RECITALS 1.1 The Declarant is the present record title holder of certain real property situate in the County of Ada, State of Idaho, and more particularly described as Lot 41 Block 49, Lochsa Subdivision #12, and incorporated by this reference herein, which real property is referred to herein as the "Property". 1.2 The Declarant is desirous of subjecting the Property to the conditions, covenants, restrictions and reservations hereinafter set forth to insure proper design, development, improvement and use of the Property, by Declarant and persons, associations, corporations and other entities who or which may subsequently acquire an interest in the Property. ARTICLE TWO DEFINITIONS 2.1 As used herein, the following terms shall have the following meanings unless the context otherwise requires: 2.2 "Covenants" shall mean this Declaration of Covenants, Conditions and Restrictions for Budget Blinds Subdivision and as the same may hereinafter be supplemented, or amended, as herein provided. 2.3 "Building Site" shall mean any contiguous plot of the Property the size and dimensions of which shall be established by the legal description in the original conveyance from Declarant to the first fee owner (other than Declarant) of said plot of the Property. If two or more lots, or parts of two or more lots, as designated on the APPROVED DAT 07/26/22 I_E %u%ja_eA-zozz -3 BLINDS SUBDIVISION Page 2 lion of Covenants, Conditions and Restrictions recorded subdivision plat of Budget Blinds Subdivision are contiguous and described in such original conveyance from Declarant to the new fee owner, if so elected by such new fee owner, such lots or parts thereof shall be treated as a single Building Site for purposes of the Covenants herein contained. 2.4 "Declarant" shall mean Quent Blodgett, Member, Blodgett, LLC, an Idaho limited liability company, and any successor or assigns designated pursuant to the provisions of Section 10.3 hereof. 2.5 "Development Standards" shall mean such standards as are contained in these Covenants, or such standards as are from time to time established by Declarant pursuant to the provisions of these Covenants, which shall be in addition to those imposed by applicable regulations and approvals of, or by, applicable governmental authorities. 2.6 "Improvements" shall mean structures and construction of any kind, whether above or below the land surface, such as, but not limited to, buildings, accessory buildings, water lines, sewers, electrical and gas distribution facilities, data, pressurized irrigation, loading areas, parking areas, walkways, walls, fences, hedges, planting and other landscaping, signs and external lighting. 2.7 "Occupant" shall mean and includes any person, association, corporation or other entity who or which is an owner, or has leased, rented, been licensed, or is otherwise legally entitled to occupy and use any building site or sites whether or not such right is exercised as well as their heirs, assigns and successors in interest. 2.8 "Owner" shall mean the party or parties having any estate in any Building Site, excluding any person who holds such interest as security for the payment of an obligation, but including any mortgage, beneficiary under deed of trust or other security holder in actual possession of a Building Site, as a result of foreclosure or otherwise, and any person taking title through such security holder, by purchase at foreclosure sale or otherwise. 2.9 "The Property" shall mean and refer to the real property generally described as Lot 41 Block 49, Lochsa Subdivision #12 as platted on the recorded subdivision plat of Budget Blinds Subdivision. APPROVED Da.E 07i26i22 �_E ��u�sa_e: A-zozz-0�3 BLINDS SUBDIVISION Page 3 on of Covenants, Conditions and Restrictions ARTICLE THREE PURPOSE 3.1 The development of each site within Budget Blinds Subdivision and the construction of any Improvements on the Property, are controlled and restricted by the Development Standards, as well as applicable governmental codes and regulations, and conditions of approval. The Development Standards are established by these Covenants for the purpose of achieving a more uniform and higher level of quality of design for the Improvements in Budget Blinds Subdivision than might be required by governmental regulations, with the intent of creating a setting which attracts business users who desire a quality location and desire that an effort be made to avoid Improvements on adjoining or neighboring properties which might detract from such a quality setting. Without limiting the generality of the foregoing, the Committee shall have the authority to take into consideration the following more specific criteria in exercising its approval authority under these Covenants: 3.2 Providing Owners with reasonable assurance that the design, development, improvement, use and maintenance of surrounding Building Sites will not unreasonably detract from the quality of the Improvements constructed by other Owners; 3.3 Preventing the erection on the Property of Improvements of improper design, or constructed of improper or unsuitable materials or with improper quality and methods of construction; 3.4 Encouraging the erection of high quality and attractive Improvements appropriately located within the Property in order to achieve visual quality and harmonious appearance and function; 3.5 Integrating development of the different parcels comprising the Property by setting reasonably common general standards consistent with these Covenants; 3.6 Requiring adequate parking and loading facilities; 3.7 Requiring attractive landscaping, and landscape screening of parking and loading facilities, as well as walkways. APPROVED Da.E 07i26i22 �_E ��u�sa_e: A-zozz-0�3 BLINDS SUBDIVISION Page 4 ion of Covenants, Conditions and Restrictions ARTICLE FOUR BUDGET BLINDS SUBDIVISION APPROVAL OF IMPROVEMENTS 4.1 There is hereby established a Committee whose members shall be appointed by the Declarant. This Committee shall consist of a minimum of two but no more than five voting members. The initial members shall serve a term of two years with subsequent terms of one year. Members of the Committee shall serve at the pleasure of Declarant. 4.2 The Committee shall have the authority to interpret the Development Standards, issue approvals and certificates of compliance with these Covenants, inspect any Improvements, and enforce the Development Standards. In addition, the Committee shall have the authority to issue from time to time design guidelines for the purpose of implementing the provisions of these Covenants, and to revise such design guidelines as the Committee deems appropriate for purposes of implementing the Development Standards. 4.3 No Improvements shall be constructed, erected, placed, altered, maintained or permitted on any portion of the Property until the design, and construction plans, specifications, site plan and landscaping (collectively hereinafter referred to as "plans and specifications"), in manner and forms satisfactory to the Committee, have been submitted to and approved by the Committee. Such plans and specifications shall be submitted in writing over the signature of the Owner or his authorized agent. 4.4 Approval shall be based, among other thing, on the Development Standards, the adequacy of Building Site dimensions, conformity and harmony of external design with neighboring structures, effect of location and use of improvements on neighboring Building Sites, operations and uses; finished ground elevation and landscaping being compatible with that of neighboring portions of the Property; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these Covenants. The Committee shall not arbitrarily or unreasonably withhold its approval. 4.5 If the Committee fails either to approve or to disapprove such plans and specifications (including resubmission of disapproved plans and specifications which have been revised) within thirty (30) days after the written notification herein after referred to that the required plan and specifications have been received by the Committee, it shall conclusively be presumed that said plans and specifications have APPROVED Da.E 07i26i22 BLINDS SUBDIVISION Page 5 A-zozz-0�3 [on of Covenants, Conditions and Restrictions been approved subject, however, to the specific restrictions contained in these Covenants. The Committee shall notify the applicant Owner in writing upon receipt of all required plans and specifications and the aforesaid initial thirty (30) day time period shall commence on the date set forth in such notification. 4.6 Neither the Committee nor Declarant or their respective successors or assigns shall be liable in damages to anyone submitting plans to them for approval, or to any Owner or Occupant of the Property affected by these Covenants, by reason of a mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or carry out the intent of, these covenants. Every person who submits plans to the Committee for approval agrees, by submission of such plans and specifications, and every Owner or Occupant of any Building Site agrees, by acquiring title thereto or an interest therein, that he will not bring any action or suit against the Committee or Declarant to recover such damages. ARTICLE FIVE MAINTENANCE AND SPECIFIC REGULATIONS 5.1 Each Owner of any Building Site shall keep his buildings, improvements, landscaping and appurtenances thereon in a safe, clean, well maintained, neat wholesome condition and shall comply in all respects with all governmental statutes, waste storage and removal requirements, ordinances, regulations, health and police and fire requirements. 5.2 Each Owner or Occupant shall remove at his own expense any rubbish or trash of any character which may accumulate on its Building Site. Rubbish, trash, garbage or other waste shall be kept only in sanitary containers meeting all applicable governmental requirements, which containers shall be visually screened within a durable enclosure of sufficient height so as to adequately screen such containers from view from neighboring Building Sites and public streets, shall be constructed of materials compatible with that of nearby building and shall be located so as to not be highly visible from adjacent Building Sites or public streets, all as approved by the Committee. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition and in visually screened areas. Rubbish and trash shall not be disposed of on the premises by burning in open fires. 5.3 Each Owner of a Building Site shall be responsible for the maintenance of the landscaping on his Building Site, and, in addition, the landscape maintenance of the area between the lot lines of the Building Site and the curbs of any public roadways APPROVED Da.E 07i26i22 �_E ��u�sa_e: A-zozz-0�3 BLINDS SUBDIVISION Page 6 on of Covenants, Conditions and Restrictions adjacent to the Building Site, and, if any public easement and walkways cross over the Building Site, the landscape maintenance of the easement area. In the event that the landscape maintenance performed by such Owner is not in compliance with the landscape maintenance standards established by the Committee and such landscape maintenance is not brought into compliance with such standards within thirty (30) days (or such longer period of time as designated by the Committee, at its sole discretion) of receipt of written notice from the Committee setting forth the particulars of such non- compliance, the Declarant or its designee may, at its sole discretion, enter upon the Building Site and undertake such landscape maintenance. All costs of such landscape maintenance undertaken by the Declarant or its designee under such circumstances shall be assessed against the Building Site upon which said landscape maintenance is performed, and failure to pay such assessment shall constitute a lien against the property enforceable pursuant to Article 8.1 hereof. 5.4 No on -street parking shall be permitted. On -site parking shall be provided as required by government agencies having jurisdiction. 5.5 Storage, service, maintenance and loading areas must be constructed, maintained, and used in accordance with the following conditions: 5.6 Unless approved in writing by the Committee, no materials, supplies, or equipment, including trucks or other motor vehicles, shall be stored upon a site except inside a closed building or behind a visual barrier screen so as not to be visible from neighboring properties and streets. Such visual screens shall be constructed of the same materials and finishes as the adjacent buildings if visible from street frontage and shall be designed and placed to compliment the building design. Any storage areas screened by visual barriers shall be located upon the rear portions of that site, unless otherwise approved in writing by the Committee. No storage areas may extend into a setback area except upon the written approval of the Committee. 5.7 Provisions shall be made on each site for necessary vehicle loading. No on -street vehicle loading shall be permitted. 5.8 Loading dock areas shall be set back, recessed, or screened and in no event shall a loading dock be closer than fifty (50) feet from a property line fronting upon a street unless otherwise approved in writing by the Committee. 5.9 Exterior components of plumbing, processing, heating, cooling, and ventilating systems (including but not limited to piping, tanks, stacks, collectors, heating, cooling and ventilating equipment fans, blowers, ductwork, vents, louvers, APPROVED Da.E 07i26i22 �_E ��u�sa_e: A-zozz-0�3 BLINDS SUBDIVISION Page 7 on of Covenants, Conditions and Restrictions meters, compressors, motors, incinerators, ovens, etc.) shall not be permitted to extend 5-0" above the height of the parapet or roof screen. Any devices employed to screen exterior components of plumbing, processing, heating, cooling, ventilating systems from direct view shall appear as an integrated part of the architectural design, and as such, be constructed of materials and finishes compatible with adjacent buildings. No exterior components of plumbing, processing, heating cooling, and ventilating system shall be mounted on any building wall. 5.10 Transformers that may be visible from any primary visual exposure area shall be screened with either planting or a durable non-combustible enclosure (of a design configuration acceptable to the applicable utility company). Transformer enclosures shall be constructed of materials and finishes compatible with those of the adjacent buildings and should be harmonious with the overall architectural and landscape design. 5.11 No fence or wall shall be constructed closer than twenty-five (25) feet from the curb line of a fronting street unless it is of height not to exceed 3'-0" or approved in writing by the Committee. No fence or wall shall exceed a height of 6-0" unless otherwise approved in writing by the Committee. All fences and walls shall be designed as an integrated part of the overall architectural and site design. All fences and walls shall be constructed of materials and finishes compatible with the adjacent buildings. 5.12 All utilities including electrical, telephone service, data, water, gas and sewer shall be brought underground to the buildings from the nearest available lines at the expense of the parcel Owner. No antenna or device for transmission or reception of any signals, including, but not limited to, telephone, television, and radio, shall be placed on any lot so that is visible from 5-0" above the ground or ground floor level at the distance of 500 feet in any direction, unless specific written approval is granted by the Committee. Temporary overhead power and telephone facilities are permitted during construction only. 5.13 Site grading design should complement and reinforce the architectural and landscape design character by helping to screen parking, loading, and service areas, by helping to reduce the perception of height and mass on larger buildings, by providing reasonable transitions between on -site uses, by providing elevation transitions contributing to the efficiency of on -site and off -site movement systems, and by providing reasonable transitions between lots, as approved by the Committee. APPROVED Da.E 07i26i22 _E usa_eBLINDS SUBDIVISION Page 8 A-zozz-0�3 lion of Covenants, Conditions and Restrictions 5.14 Each Owner shall be responsible to properly design for on -site retention of storm water run-off for its Building Site. The method of on -site retention of storm water shall be reviewed and approved by the Committee and each Owner shall submit to the Committee written evidence of the approval thereof by all govermnental agencies having jurisdiction over storm drainage run-off. 5.15 Sidewalks are required throughout the project adjacent to the building entries, less a landscape area, in accordance with applicable governmental standards. All construction of the sidewalks shall be the responsibility of the Owner of the Building Site which is adjacent to such required sidewalks. 5.16 The following setbacks shall be required unless waived by the Committee to account for unusual circumstances: 5.16.1 The minimum front yard building setback shall be 20 feet. 5.16.2 The minimum side yard building setback shall be 10 feet. 5.16.3 The minimum rear yard setback shall be 10 feet. 5.16.4 The minimum building setback at a side street shall be 20 feet. 5.17 All setback areas shall be fully landscaped in a manner approved by the Committee. Planters, walls, and sign elements not exceeding Y-0" in height may be permitted in the front setback areas with the written approval of the Committee, subject to requirements of applicable governmental agencies. ARTICLE SIX MUTUAL ACCESS, MAINTENANCE, AND PARKING EASEMENT 6.1 The subject matter of this section is a mutual access for pedestrian and vehicular purposes and for parking in the "Common Area." Common Area shall mean that portion of the Project on which no building is presently located, or any future building planned to be located, in accordance with the Project master plan approved by Meridian City and as may be further restricted in the Conditional Use Permits and other approvals and restrictions applicable for the Project and the Parcels as may have been stipulated by the City of Meridian. 6.2 Each Owner, as Grantor, hereby grant to the other Owners, their respective tenants, contractors, employees, agents, customers, licensees and invitees, APPROVED Da.E 07i26i22 �_E ��u�sa_e: A-zozz-0�3 BLINDS SUBDIVISION Page 9 ion of Covenants, Conditions and Restrictions and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants, for the benefit of each Parcel belonging to the other Owners, as Grantees, a nonexclusive easement for ingress and egress by vehicular and pedestrian traffic upon, over and across that portion of the Common Area located on the respective Grantor's Parcel(s). 6.3 Each Owner, as Grantor, hereby grant to the other Owners, their respective tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees, and invitees of such tenants, belonging to the other Owners, as Grantees, a nonexclusive easement for parking vehicles. This parking easement is restricted and subject to all leases and any lawful extensions thereof, that are now in force and effect between Owners and any tenant. 6.4 Each Owner shall be responsible for maintaining that portion of its Lot or Lots described as Common Area in a first-class condition including, without limitation, maintenance of all landscaping, sprinkler lines, concrete curbs, asphalt, drainage facilities, striping, and lighting. In the event a majority of the Owners determine that maintenance or a repair is reasonably necessary for a Parcel, the Owner of that respective Parcel shall pay its proportionate share of the cost of such maintenance or repair. "Proportionate Share," for purposes of this Agreement, shall mean that portion of the total cost of maintenance and repair having as its numerator the number of Owners. 6.5 The Owner of each Parcel shall pay directly to the tax assessor when due all real property taxes and other assessments assessed against the Owner's respective Parcel, including any portion of the Common Area located on such Owner's Parcel, subject, however, to the right of such Owner to contest the amount or validity of all or any part of said taxes and other assessments. 6.6 No Owner shall modify any existing improvements or construct new improvements which would result in the impairment of the rights of ingress and egress granted under this Section or reduce the amount of land available for vehicular parking on the Owner's Parcel, except upon the prior written consent of all Owners. 6.7 It is the purpose and intent of this Section to maximize the efficiency and availability of vehicular parking spaces at the Project by allowing the Owners and their tenants, guests and invitees, to park anywhere in the Project, provided that such parking is related to business purpose of the tenants, and in furtherance of that policy, APPROVED DAT 07/26/22 _E %'u%Ja_e: A-zozz -3 BLINDS SUBDIVISION Page 10 'on of Covenants, Conditions and Restrictions no Owner or tenant shall be permitted to designate, through signage or other restrictions, any parking space or number of parking spaces on any lot for the exclusive utilization by a given tenant, Owner or their licensees, guests or customers. In addition, no vehicle shall be continuously parked on the Project for a period exceeding 72 hours. Parking and utilization of the Common Area shall only be allowed for a purpose that is associated with the business of any tenant being conducted on the Project and the Project shall not be utilized for the purpose of vehicle maintenance and repair or displaying any vehicle for sale or rental. No boat, trailer, or recreational vehicle shall be kept or parked in any portion of the Project at any time, except as may be temporarily required for the construction, maintenance, or repair of any building, future buildings, or improvements on the Project. 6.8 Covenants Run With the Land. Each restriction on each Parcel shall be a burden on that Parcel, shall be appurtenant to and for the benefit of the other Parcels and each part thereof and shall run with the land. 6.9 Restrictions created hereby shall inure to the benefit of and be binding upon the Owners, their heirs, personal representatives, successors and assigns, and upon any person acquiring a Parcel, or any portion thereof, or any interest therein, whether by operation of law or otherwise; provided, however, that if any Owner sells all or any portion of its interest in any Parcel, such Owner shall thereupon be released and discharged from any and all obligations as Owner in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and conveyance of title. The new Owner of any such Parcel or any portion thereof (including, without limitation, any Owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all obligations arising under this Section with respect to such Parcel or portion thereof after the date of sale and conveyance of title. ARTICLE SEVEN NUISANCES 7.1 No portion of Budget Blinds Subdivision shall be used in such a manner as to create a nuisance to adjacent properties or streets such as, but not limited to, vibration and sound, electro-mechanical disturbance and radiation, grease, air or water pollution, dust, emission of odorous, toxic, or noxious matter. APPROVED Da.E 07i26i22 _E usa_eBLINDS SUBDIVISION Page 11 A-zozz-0�3 on of Covenants, Conditions and Restrictions 7.2 No nuisance shall be permitted to exist or operate upon any lot or site so as to be offensive or detrimental to any adjacent lot or site or neighboring property or to its occupants. A "nuisance" shall include, but not be limited to any of the following conditions: 7.2.1 Any use of the lot or site which emits dust, sweepings, dirt or cinder into the atmosphere, or discharges liquid, solid wastes or other harmful matter into any stream, river, or waterway which in the opinion of the Committee may adversely affect the health, safety, or comfort of persons within the area or the intended use of their property. No waste nor any substance or materials of any kind shall be discharged into any public or private sewer or drainage system serving the subject property or any part thereof in violation of any regulation of any public body having jurisdiction over such facilities. 7.2.2 The escape or discharge of any fumes, odors, gases, vapors, steam, acids or other substance in the atmosphere which discharge, in the opinion of the Committee, may be detrimental to the health, safety or welfare of any person or may interfere with the comfort of persons within the area or which may be harmful to property or vegetation. 7.2.3 The radiation or discharge of intense glare or heat or atomic, electromagnetic, microwave, ultrasonic, laser or other radiation. Any operation producing intense glare or heat or such other radiation shall be performed only within an enclosed or screened area and then only in such manner that the glare, or heat or radiation emitted will not be discernible from any point exterior to the site or lot upon which the operation is conducted. 7.2.4 Excessive noise. At no point outside any lot plane shall the sound pressure level of any machine, device, or any combination of same, from any individual plant or operation, exceed industry standards for similar uses in similar surroundings. 7.2.5 Excessive emissions of smoke, steam, or particulate matter. Visible emissions of smoke or steam will not be permitted (outside any building) which exceed Ringlemann No.1 on the Ringlemann Chart of the United States Bureau of Mines. This requirement shall also be applied to trash and waste materials. Wind-borne dust, sprays and mists originating in plants are not permitted. 7.2.6 No hazardous or noxious waste as listed on the environmental protection agency's list of priority pollutants or any other governmental regulations shall be manufactured, sorted, or transported unless so done under current and future APPROVED Da.E 07i26i22 BLINDS SUBDIVISION Page 12 A-zozz-0�3 [on of Covenants, Conditions and Restrictions governmental standards and practices and only after written approval by the Committee. The Committee shall have the authority to require written evidence of compliance with applicable governmental regulations and to institute appropriate legal proceedings to require compliance with applicable governmental regulations as to hazardous materials. ARTICLE EIGHT ENFORCEMENT 8.1 ABATEMENT AND SUIT. These Covenants shall run with the land and be binding upon and inure to the benefit of the Declarant and the Owners of every Building Site on the Property. These Covenants may be enforced as provided hereinafter by Declarant acting for itself, the Committee, and as trustee on behalf of all of the Owners of Building Sites. Each Owner by acquiring an interest in the Property shall appoint irrevocably the Declarant and his attorney -in -fact for such purposes; provided, however, that if a Building Site Owner notifies Declarant of a claimed violation of these Covenants and Declarant fails to commence actions to remedy such violation within thirty (30) days after receipt of such notification, then, and in that event only, an Owner may separately, at his own cost and expense, enforce the Covenants herein contained. Violation of any Covenants herein contained shall give to the Declarant the right to enter upon the portion of the Property wherein said violation or breach exists and to summarily abate and remove at the expense of the Owner any structure, thing or condition that may be or exists thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these Covenants, to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. The right of the Declarant to act in the above manner shall cease upon the sale and construction of the last building site. 8.2 DEEMED TO CONSTITUTE A NUISANCE. Every violation of these Covenants or Architectural Design Guidelines or any part thereof is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed thereof by law or equity against an Owner or Occupant shall be applicable against every such violation and may be exercised by Declarant. In any legal or equitable proceeding for the enforcement or to restrain the violation of these Covenants or any provision thereof, the losing party or parties shall pay the reasonable attorneys' fees of the prevailing party or parties in the amount as may be fixed by the Court in such proceedings. All remedies provided herein or at law or in equity shall be cumulative and not exclusive. The failure of the Declarant to enforce any of the Covenants herein contained shall in no APPROVED Da.E 07i26i22 _E usa_eA-zozz-0�3 BLINDS SUBDIVISION Page 13 on of Covenants, Conditions and Restrictions event be deemed to be a waiver of the right to do so for subsequent violations or of the right to enforce any other Covenants, and Declarant shall not be liable therefore. ARTICLE NINE UTILITY EASEMENTS 9.1 Declarant hereby grants to all Owners non-exclusive easements under, through and across the portions of the Property designated by Declarant for such use, for the installation, maintenance, repair and replacement of water drainage systems or structures, irrigation lines, water mains, storm drains, sewers, water sprinkler system lines, telephones or electrical conduits or systems, gas mains and other public utility facilities and service easements necessary for the orderly development and operation of each building on the Property; provided, the rights granted pursuant to such easements shall at all times be exercised in such a manner so as to not unreasonably interfere with the normal use of other Building Sites by the Owners or Occupants thereof; and provided further, except in an emergency, the right of any Owner to enter upon the property of another Owner for the exercise of any right pursuant to such easements shall be conditioned upon obtaining the prior written consent of such other Owner, which consent shall not be unreasonably withheld. In the event it should be necessary to grant any of the foregoing easements and rights to the local utility companies as a condition of their providing or continuing service, such rights shall be granted so long as the Declarant, in its reasonable opinion, deems the terms and conditions of such a grant to be acceptable. ARTICLE TEN TERM, TERMINATION, MODIFICATION AND ASSIGNMENTS 10.1 The Covenants and every provision hereof shall continue in full force and effect for a period of twenty-five (25) years from the date hereof and shall thereafter be renewed automatically from year to year unless and until amended or terminated. 10.2 The Declarant may supplement these Covenants at any time during the term hereof to add additional properties or to impose additional restrictions on portions of the Property then owned by Declarant. Otherwise, these Covenants and every provision hereof may be terminated, extended, modified or amended, as to the show of said Property or any portion thereof, with the written consent of the Owners of fifty-one percent (51%) of the square footage of the Property (other than the streets and other areas dedicated to the appropriate municipalities), subject to these restrictions, provided, however, that during the initial twenty five (25) year term of these APPROVED DAT 07/26/22 :i_E%UMBER A-2G22OW3 BLINDS SUBDIVISION Page 14 [ion of Covenants, Conditions and Restrictions Covenants, no such termination, extension, modification or amendment shall be effective without the written approval of Declarant and provided further that if any amendment affects less than all the Property and is more restrictive than herein provided, such amendment shall require the written consent of the Owner(s) of such affected portions of the Property. Such termination, extension, modification, or amendment shall be immediately effective upon recording a proper instrument in writing, executed, and acknowledged by such Owners (and/or by Declarant as provided herein) in the office of the Recorder of Deeds of Ada County, Idaho. 10.3 Any and all of the rights, powers and reservations of Declarant herein contained may be assigned by Declarant to any person, corporation or association which will assume any or all of the duties of Declarant hereunder, and upon any such person, corporation or association's evidencing its consent in writing to accept such assignment, said assignee shall, to the extent of such assignment, assume Declarant's duties hereunder, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. Upon such assignment, and to the extent thereof, Declarant shall be relieved from all liabilities, obligations, and duties hereunder. The term "Declarant" as used herein includes all such assignees and their heirs, successors, and assigns. If at any time Declarant ceases to administer these covenants and has not made such an assignment a successor Declarant may be appointed by the Owners of fifty one percent (51 %) of the square footage of the Property other than streets and other areas dedicated to the appropriate municipalities. ARTICLE ELEVEN MISCELLANEOUS 11.1 All the conditions, covenants, restrictions, and reservations contained in these Covenants shall be construed together, but if it shall at any time be held that nay one of said Covenants, or any part thereof, in invalid, or for any reason becoming unenforceable, no other conditions, covenants, restrictions and reservations or any part thereof shall be thereby affected or impaired. 11.2 The terms and provisions contained in this Declaration of Covenants shall bind and inure to the benefit of the Declarant, the Owners and Occupants of all Building Sites located with the Property, and their respective heirs, successors, personal representatives, and assigns. APPROVED Da.E 07i26i22 _E usa_eA-zozz-0�3 BLINDS SUBDIVISION Page 15 n of Covenants, Conditions and Restrictions jiois 11.3 Any notices required or permitted herein shall be in writing and mailed, postage prepaid by registered or certified mail, return receipt requested and shall be directed as follows: If intended for a Building Site Owner (1) to the address of the Building Site if improved; (2) if the Building Site is not improved to the address set forth in the purchase contract; (3) if none of the foregoing, to the last known address of the Owner. If intended for Declarant, to the address previously set forth herein, or such other address as is reflected in any supplement hereto, or of which an Owner has been notified in writing by the Declarant. 11.4 Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires. WHEREFORE, THIS AGREEMENT WAS EXECUTED as of the day and year first above written. BLODGETT, LLC An Idaho Limited Liability Company By: Quent Blodgett Its: Managing Member APPROVED DA 07/26/22 T BLINDS SUBDIVISION Page 16 :I_E `SUM B;�R' Azaz2 OW 3 'on of Covenants, Conditions and Restrictions STATE OF IDAHO } S.S. County of Ada On this day of lc 2099, before me, the undersigned, a Notary Public in and for said State, p sonally appeared Quent Blodgett, known or identified to me to be the person whose name is subscribed to the within and foregoing instrument, as Member of Blodgett, LLC, an Idaho limited liability company, and acknowledged to me that he executed the same on his own behalf. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEMS- L ,F E 26895otaryrPubllc`for Idago A My Commission Expires on: %3-e