HomeMy WebLinkAboutMaintenance Agreement V1I,� E IDI� 11
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I
eco��ding, return to:
J `�UId B;R' A-2G22-01 ee
'1 TIrren Mile Crossing Annex, LLC
Post Office Box 51298
Idaho Falls, Idaho 83405
ADA COUNTY RECORDER Phil McGrane 2022-056102
BOISE IDAHO Pgs=54 CHE FOWLER 06/15/2022 03:13 PM
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DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS
This Declaration of Covenants, Conditions, Restrictions and Easements ("Declaration"),
is made by BVB TEN MILE CROSSING ANNEX, LLC, an Idaho limited liability company;
DWT INVESTMENTS LLC, an Idaho limited liability company; and SC INVESTMENTS LLC,
an Idaho limited liability company (collectively "Original Declarant").
RECITALS
Declarant owns all of the real property described and generally depicted as "TM Center"
and "TM Center East" in Exhibit A attached hereto ("Project") and desires to establish certain
restrictions, covenants, conditions, and easements for the common development, operation,
maintenance, management, and use of the Project.
NOW, THEREFORE, in order to assure the orderly and beneficial development of the
Project, Declarant hereby declares that all property in the Project shall be held, sold and conveyed
subject to the provisions of this Declaration, which shall run with the land and be binding on and
inure to the benefit of all Owners having or acquiring any right, title or interest in property within
the Project, and all heirs, successors and assigns of such Owners.
ARTICLE I DEFINITIONS
1.1 "Building" shall mean any enclosed structure placed, constructed or located on a
Lot, which for the purpose of this Declaration shall include any appurtenant foundations, canopies,
supports, loading docks, truck ramps and other outward extensions.
1.2 "Common Area" shall mean all developed and improved areas within the Project
which are intended for common use by Occupants of the Project, including, but not limited to:
roadways, driveways, parking areas, Protected Access, paving, striping, curbs, gutters,
landscaping, directional or traffic signs, shared utility infrastructure, and storm water handling and
discharge facilities; but excluding all Buildings and Improvements appurtenant thereto such as
drive-thru lanes, menu boards, track ramps, loading docks and other appurtenances intended for
the exclusive use of a particular Occupant or Building. A vacant Lot shall not be considered
Common Area except as expressly set forth in paragraph 5.2(c) herein.
1.3 "Declarant' shall mean (i) collectively all of the parties comprising the Original
Declarant identified in the opening paragraph above that own property in the Project so long as at
least one of such parties owns property in the Project; (ii) the successor Declarant appointed
pursuant to Section 4.4 below; or (iii) if the Original Declarant or a subsequent Declarant ceases
to be an Owner and fails to appoint a successor Declarant in accordance with Section 4.4 or no
other Owner is willing to accept an assignment of the Declarant position, the Owner of the largest
Lot within TM Center measured by land area shall become the Declarant. Declarant shall have
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 1
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DAT 09/27/22 t to assign its position as Declarant, to another Owner that is willing to assume the role of
E %UtIB:RIA 2G22 nt, pursuant to Section 4.4 Decisions of the Declarant shall be binding upon each successor
ant.
1.4 "Floor Area" shall mean the actual number of square feet of floor space within a
Building, as measured from the exterior surface of the exterior walls or storefront and/or the
centerline of any common walls, including kitchens, and mezzanine and basement space open to
the public or used for office or employee purposes excluding however:
(a) loading docks and platforms, transformer vaults, elevators, escalators, utility
and mechanical penthouses, equipment rooms, restrooms and utility enclosures;
(b) mezzanine and basement space used exclusively for HVAC, plumbing,
equipment or storage and not used for the display or sale of merchandise and not open to the public;
and
(c) space attributable to multi -deck, platform, rack and other multi -level systems
used solely for the storage of merchandise.
Within thirty (30) days after written request from Declarant, an Owner shall certify the
amount of Floor Area applicable to each Building on its Lot. If any Owner obtains an as -built
survey of any portion of the Project, such Owner shall furnish a copy of the survey to the Declarant.
1.5 "Hazardous Materials" means any material or substance that is toxic, ignitable,
reactive or corrosive and that is regulated by the State where the Project is located, the United
States Government or any agency thereof, including without limitation, any and all materials
defined as "toxic substance", "hazardous waste", "extremely hazardous waste", or "hazardous
material" pursuant to state, federal or local law, as amended.
1.6 "Improvements" shall have the meaning set forth in Section 7.1.
1.7 "Indemnify" shall mean indemnify, protect, hold harmless and defend with counsel
designated by the insurer charged with the obligation to defend (or if no insurer is involved, with
counsel reasonably acceptable to the Owner being defended).
1.8 "Laws" shall mean and include all laws, rules, regulations, orders, ordinances,
statutes, development agreements, and other requirements of all federal, state, county and
municipal authorities having jurisdiction over the Project.
1.9 "Liabilities" shall mean all claims, damages, losses, liabilities, actions,
proceedings, costs and expenses (including reasonable attorney fees and litigation expenses). In
no event shall Liabilities include any consequential, special or indirect damages. All Liabilities
shall be limited to the foreseeable, direct and actual damages incurred by the indemnified party.
1.10 "Lot" shall mean the subdivision lots set forth and described on one or more official
recorded plats within the boundary of the Project. Until such time as the land depicted in the Site
Plan is platted or otherwise legally subdivided into lots, a "Lot" shall also include the parcels of
land depicted on the Site Plan and included in the description of the Project.
1.11 "Lot Area" shall mean the area of each Lot measured in square feet.
1.12 "Manager" shall initially mean the Declarant or the party appointed as Manager
by the Declarant pursuant to Section 4.5.
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DAT 09/27/22 1.13 "Occupant" shall mean any party entitled to use and occupy any portion of a
�Ij%UtIBLel A-2G22 g in the Project under an ownership right or any lease, sublease, license, concession or
oineimilar agreement.
1.14 "Owner" shall mean, individually or collectively, as the case may be, any person
owning fee simple title to all or any portion of a Lot or other real property within the Project. If
more than one person or entity owns fee simple title to any Lot, they, collectively, shall be deemed
the "Owner" of such Lot.
1.15 "Permittee" shall mean all Occupants and the officers, directors, employees,
agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees, subtenants and
concessionaires of Occupants, insofar as their activities relate to the intended development, use
and occupancy of the Project. Persons engaged in civic, public or political activities including but
not limited to the following shall not be considered Permittees:
(a) exhibiting any placard, sign or notice;
(b) distributing any circular, handbill, leaflet, flyer, pamphlet, placard or booklet;
(c) soliciting memberships or contributions for political purposes;
(d) parading, picketing or demonstrating; and
(e) failing to follow rules established by the Declarant regarding use of the Project.
1.16 "Project" shall have the meaning set forth in the Recitals.
1.17 "Project Design Guidelines" shall mean the design guidelines, standards, and
requirements set forth and or referenced in the Development Agreement with the City of Meridian
recorded in the records of Ada County on June 9, 2021 as Instrument No, 2021-089157. However,
and notwithstanding anything to the contrary set forth in this Declaration, in the event that any
term or provision of this Declaration is in conflict with a term or provision of the Project Design
Guidelines, the Project Design Guidelines shall control.
1.18 "Project Sign(s)" shall have the meaning set forth in Section 13.1.
1.19 "Protected Access" means the ingress and egress drive aisles shown on the Site
Plan as "Protected Access", as such Site Plan may be amended in accordance herewith including
(i) the cross access areas depicted and legally described in Exhibit D attached hereto; and (ii) cross
access easement areas expressly depicted and legally described on future plats, which Declarant
covenants and agrees to locate substantially as depicted on the Site Plan.
1.20 "Restaurant" shall mean any operation or business which requires a governmental
permit, license and/or authorization to prepare and/or serve food for either on -site or off -site
consumption except the following shall not be deemed a Restaurant for purposes of this
Declaration: (i) a supermarket, grocery store, or similar operation, or (ii) a caf6 or other food
service amenity within, and occupying less than 5% of the Floor Area of, a retail store.
1.21 "Regular Assessment" means assessments levied against each Lot by the Manager
for the estimated Shared Maintenance Cost to be paid by each Owner which, except as set forth in
Section 8.3, shall be a proportionate share of the Shared Maintenance Costs calculated by
multiplying the total Shared Maintenance Costs by the fraction where the numerator is the Lot
Area of the Lot, and the denominator is the aggregate of the Lot Area on all Lots with building
improvements in TM Center or TM Center East, respectively or collectively, as reasonably
determined by the Manager.
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DAT 09/27/22 1.22 "Scheels Lot" shall mean the portion of the Project legally described and depicted
%UtIa=R A 2G22 'aa ibit C attached hereto.
1.23 "Scheels Owner" shall mean the Owner of the Scheels Lot.
1.24 "Site Plan" Site Plan shall mean the Site Plan attached hereto as Exhibit B, which
may, subject to the rights of the Owners, be amended or superseded by the Declarant to correspond
to a more current configuration of the Project.
1.25 "Shared Maintenance Costs" means the cost and expense incurred by Declarant
or the Manager in performing maintenance in accordance with Article 8.
1.26 "Special Assessment" means a Lot specific assessment levied against a particular
Lot or Lots in accordance with Section 8.6.
1.27 "TMCDR Board" shall have the meaning set forth in the Project Design
Guidelines.
1.28 "Utility Lines" shall mean those facilities and systems for the transmission of
utility services, including the drainage and storage of surface water.
(a) "Common Utility Lines" shall mean those Utility Lines which are installed to
provide the applicable service to more than one Lot including but not limited to a shared
pressurized irrigation system and storm water collection, retention, detention and distribution
facilities.
(b) "Private Utility Lines" shall mean those Utility Lines which are installed to
provide the applicable service to a Lot. For the purpose of this Declaration, the portion of a Utility
Line extending from a Common Utility Line to a Building shall be considered a Private Utility
Line.
ARTICLE 2 TERM
2.1 This Declaration shall be binding and enforceable for a period of 100 years from
the date it is recorded. The easements set forth in this Declaration shall be perpetual in duration
unless otherwise specifically provided. If any law prohibits any such restrictions, covenants,
and/or conditions from being enforceable for a period in excess of 50 years, or beyond any other
shorter period, this Declaration shall be deemed to be effective, and shall be enforceable, for the
lawful period and shall automatically renew for successive ten (10) year periods unless the Owner
of the Scheels Lot and Owners of more than 60% of the remaining land area in the Project
(excluding the Scheels Lot) agree in writing to not renew and deliver written notice thereof to all
Owners at least ten (10) years before the date such non -renewal is to take effect.
ARTICLE 3 RIGHTS OF OCCUPANTS AND THE PUBLIC
3.1 Rights of Occupants. Each Owner shall be entitled to designate at any time which,
if any, of its Occupants shall be entitled to utilize and enjoy the easements created by this
Declaration. This Declaration shall not create any independent rights as to any Occupant, except
for rights which may be terminated or withdrawn at any time by the Owner through whom such
rights were derived.
3.2 No Rights in Public Generally. The easements, restrictions, covenants and
conditions created, reserved, granted and established in this Declaration are not intended to, and
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be construed to create any easements, rights or privileges in and for the benefit of the
)ublic. Notwithstanding anything to the contrary in this Declaration, each Owner shall
right to prohibit or limit any solicitation, petition signing, distribution of literature or
flyers, collection of money, giving of speeches, leafleting, picketing, carrying of signs, canvassing,
demonstrations, or similar activities within the Common Area located on said Owner's Lot.
ARTICLE 4 DECLARANT AUTHORITY
4.1 Rules and Regulations. Declarant may, in its sole and absolute but good faith
discretion, promulgate, amend and enforce reasonable rules and regulations regarding the
following elements of the Project, provided that none of the same conflict with the express
provisions of this Declaration or supercede any other agreement between Declarant and an Owner:
(a) the use and maintenance of the drive aisles;
(b) signs;
(c) landscaping and parking areas (including, without limitation, striping patterns
and colors, employee parking);
(d) construction activities (including but not limited to staging, times for
transportation of materials to and from a job site, damage and cleaning deposits, contractor
parking, trash containers, screening, fencing, smoking, music and site curfew); and
(e) all other activities and events in the Common Area.
4.2 Design Approval. Owners shall not commence construction on any Building or
any other improvement or thereafter make any alteration thereto (excluding regular maintenance)
on any Lot unless and until the plans and specifications therefor, and the use thereof, have been
approved in advance in writing by the Declarant in accordance with, and to the extent required by,
Article 7,
4.3 Common Area Maintenance. As set forth in Section 4.5, Declarant may self -
perform or engage a Manager to perform the maintenance and repair of the Common Area and in
its sole discretion, may direct or allow one or more Owners to maintain and repair the Common
Area or portion thereof on the Owner's own Lot as set forth in Article 8,
4.4 Appointment of Successor Declarant. The parties comprising the Original
Declarant and any subsequent Declarant appointed in accordance herewith, in its sole discretion
and without approval of any other Owner, may appoint a successor Declarant by a unilateral
written notice of appointment, which shall include the notice address for the successor Declarant,
executed only by Declarant and the successor Declarant, recorded in the public records of Ada
County, Idaho. Notwithstanding anything to the contrary contained herein, all successor
Declarants shall be an Owner of a Lot and for an appointment of a successor to be effective, must
deliver a copy of the recorded notice of appointment to all Owners pursuant to the provisions of
Section 16.1 below.
4.5 Appointment and Termination of Manager. Declarant may self -perform, or may
appoint a Manager to perform, the maintenance and repair of the Common Area. If Declarant
appoints a Manager, Declarant must give written notice of such appointment to each Owner
pursuant to the provisions of Section 16.1 below. The Manager shall have the right, power and
authority to enter into agreements with third parties to provide for all such maintenance, except for
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DAT 09/27/22 ner-Maintained Lots. Unless Declarant approves otherwise in writing, such agreements
�Ij%U'Ia=R,"2°22-0'aa t exceed a one (1) year term and shall include a provision allowing Declarant to terminate
Bement upon 30 days' advance notice. All maintenance agreements shall be on an "arm's
length" basis and on terms and conditions not more favorable to the Manager or vendor than are
generally available in the geographic area in which the Project is located. The Manager shall have
the right, upon giving 90 days' prior written notice to the Declarant, to resign as the Manager. The
Declarant shall have the right, upon giving 90 days' written notice to the Manager, to terminate
the Manager. In either event, the Declarant may promptly assume the role of Manager or appoint
another party to serve as the Manager. If the Manager is terminated, said terminated manager shall
not be released from any Liabilities arising out of its actions or omissions occurring during said
manager's period of service. If at any time there is no acting Manager, then Declarant shall be
responsible for performing the obligations of the Manager.
4.6 Collaboration with Adjacent Subdivisions. Declarant may, in its sole and
absolute but good faith discretion, enter into agreements with the owners or managers of
subdivisions or property that share a boundary with the Project, including but not limited to Ten
Mile Creep and Ten Mile Crossing (collectively "Adjacent Subdivisions" and shall automatically
include new subdivisions that share boundaries with the Project without requiring an amendment
to this Declaration), for the design, construction and maintenance of Common Area improvements
or services within the Project and the Adjacent Subdivisions that are a benefit to the Project and
the Adjacent Subdivisions (e.g. irrigation pump station). Any agreement entered into by Declarant
and the Adjacent Subdivisions shall not be recorded unless the maintenance or action described
therein creates a burden for a specific Lot or Lots. Costs and expenses that are equitably allocated
to the Project pursuant to such agreements shall be included in the Regular Assessment levied
against the Lots receiving a direct benefit from the related improvement or services.
ARTICLE 5 BUILDING IMPROVEMENTS
5.1 General Requirements.
(a) All construction activities performed within the Project shall be performed in
compliance with this Declaration, the Project Design Guidelines and all applicable Laws. All
construction shall use new materials and shall be performed in a good, safe and workmanlike
manner.
(b) Construction activities performed by an Owner or its contractors shall not:
(i) cause a material increase in the cost of constructing Improvements upon
another Owner's Lot;
(ii) unreasonably interfere with construction work being performed on any
other part of the Project;
(iii) unreasonably interfere with the use, occupancy or enjoyment of any
other part of the Project by any other Owner or its Permittees; or
(iv) cause any Building located on another Lot to be in violation of any Law.
5.2 Building Areas.
(a) Once construction of a Building has commenced, such construction shall be
diligently pursued until the Building is complete. Buildings may be positioned on such Lot in
accordance with applicable Laws and the Project Design Guidelines. The location, orientation and
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ration of the building shall be approved by the Declarant and TMCDR Board in accordance
`Ij%U'Ja`R:A2°22-0'aa e Project Design Guidelines.
(b) Notwithstanding the foregoing, canopies and roof overhangs (including
supporting columns or pillars), normal foundations, trash enclosures, and, required emergency
exits (including stairs, landings, footings and foundations associated therewith), and doors for
ingress and egress shall not project from any Building or structure if it: (i) reduces the number of
parking spaces or materially alters the parking configuration or vehicular and pedestrian
circulation, and/or access in and through the Project; (ii) interferes with or prevents the location,
placement or construction of a Building or structure on any Lot; or (iii) encroaches on, over or
under any portion of any other Lot or drive lane. The exterior walls of adjacent Buildings
constructed in the Project may abut (i .e., touch), except such exterior walls may have a gap of no
more than four (4) inches, as reasonably approved by the Declarant. Such gap, if any, shall be
properly flashed so that the Building exteriors appear to be continuous and without any break.
(c) If a portion of any Building is removed and the Building area is used as
Common Area, such portion may be subsequently used for a Building if all parking requirements
and other provisions relating to such Lot are complied with. Likewise, a Building may be
subsequently razed and, until replaced, the area shall thereafter be deemed part of the Common
Area, and shall be improved to the same standards as the other Common Area, either as automobile
parking, drive area or as landscaped area.
5.3 Design and Construction. All Buildings constructed in the Project shall comply
with the Project Design Guidelines and all applicable governmental requirements (including fire
sprinkler and setback requirements). All Buildings constructed in the Project shall be designed so
that the exterior elevation of each Building will be architecturally and aesthetically compatible
with the others, as determined by the Declarant, including the height, color, materials, grade,
topography, landscaping, and architectural theme (including signs located thereon). If
construction commences on a Building but ceases prior to completion for more than 120 days, and
the Declarant in its reasonable discretion determines that such unfinished Building creates an
unsafe or unsightly condition detrimental to the Project, the Declarant may construct a barricade
around the unfinished construction site, and the Owner thereof shall, upon demand, reimburse the
Declarant for costs and expenses incurred.
5.4 Size and Height Restrictions.
(a) The aggregate Floor Area of all Buildings on each respective Lot shall comply
with applicable Project Design Guidelines, building regulations and all Lots must maintain the
parking ratio set forth in Section 6.2.
(b) Buildings shall not exceed the height set forth in the Project Design Guidelines
or the height allowed by code, whichever is less. If allowed by code, architectural elements such
as towers, chimneys and roof extensions may extend above the maximum permitted height so long
as it does not extend more than five (5) feet above the permitted height and the horizontal
dimension of the element does not exceed 20% of the length of the respective elevation. Rooftop
elements (e.g. elevator equipment, equipment penthouses and exhaust stacks) may extend above
the maximum height if not visible from the ground level within the Project. Owners may also
install and maintain, communications equipment on a Building roof (e.g. satellite dishes, antennas,
laser heads and associated equipment and cables) which may exceed the maximum height if they
are positioned to minimize visibility thereof.
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5.5 Staging Areas.
(a) In connection with any construction, repair or maintenance on a Lot, each
Owner may use a temporary staging and/or storage area in the Common Area on its Lot, or on
another Lot or undeveloped parcel with written consent of the Owner thereof, that does not
unreasonably interfere with cross access within the Project. However, staging and storage shall
not occur or encroach on any Protected Access.
(b) If a business is operating on a Lot, then other Owner's staging and/or storage
area shall not unreasonably interfere with the operating business. If substantial work is to be
performed on a Lot, the constructing Owner shall, at the request of the Declarant or the neighboring
Owner, install visual screening and/or an access or safety barrier around the staging and/or storage
area.
(c) Prior to commencing any work requiring a staging and/or storage area on a Lot,
the Owner shall give at least 20 days advance notice to the Declarant of the proposed location of
the staging and/or storage area. All material storage and construction vehicle parking shall be
restricted to the constructing Owner's Lot, and all construction traffic shall use only the Protected
Access and access points located on the constructing Owner's Lot or such other access points
approved by the Declarant and other impacted Lot Owners in writing.
(d) Upon completion of such work, the constructing Owner shall restore any
damaged or otherwise adversely affected Common Area to a condition equal to or better than what
existed when the work commenced.
5.6 License to use Common Areas.
(a) Each Owner and its respective contractors, materialmen and laborers shall have
a temporary revocable license for access and passage over and across the Common Area as shall
be reasonably necessary to construct and/or maintain Improvements on the Owner's Lot. Such
license shall be limited to periods of active construction and/or maintenance and the licensee shall
not unreasonably interfere with the use and operation of the Common Area by others and shall
endeavor to notify affected Owners of the work to be performed.
(b) Any Owner availing itself of a temporary license under this Section 5.6 shall
promptly (i) complete the work, (ii) pay all expenses associated with the work; and (iii) clean,
restore and/or repair any damage to the Common Area to a condition equal to or better than what
existed when the work commenced.
(c) If a dispute arises between contractors, laborers, suppliers or others connected
with construction, each Owner shall have the right to revoke the temporary license and prohibit
use of the Common Area on its Lot for access and passage for such construction.
5.7 Adjacent Buildings.
(a) Buildings may be constructed along common boundary lines, and each Owner
shall (i) support reasonable requests by another Owner for a side -yard or setback variance if the
same is required in order to accommodate such construction and (ii) design and construct footings
situated along a common boundary to accommodate an adjacent Building.
(b) The second Owner to construct a Building adjacent to a common boundary line
shall do so in a manner that does not result in damage to Improvements on the adjoining Lot, and
such Owner shall , at its sole cost, complete the nominal attachment (flashing and seal) of its
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g to that of the existing Building on the other Lot to create and maintain the appearance of
E %UtJB;R;"2°22-01. ntinuous Building structure. In making the nominal attachment, neither Building shall
receive structural support from nor apply pressure to the other Building.
5.8 Liens. If any mechanic's lien is filed against a Lot as a result of services performed
or materials furnished for another Owner, the Owner permitting or causing such lien to be filed
shall promptly cause such lien to be removed by paying the liability or by posting a bond or other
security and shall Indemnify the other Owner and its Lot against all Liabilities related to such lien
or claim of lien.
ARTICLE 6 COMMON AREA IMPROVEMENTS
6.1 Common Area. Buildings, barricades or structures shall not be placed, erected or
constructed within the Common Area except trash enclosures, signs (if not otherwise prohibited
herein), burnper guards, curbs, paving, landscaping, lighting, driveways, walkways, parking,
parking canopies, columns or pillars supporting roof overhangs, and any other Improvements as
may be required under applicable Laws so long such improvements do not encroach on any
Protected Access. Fences or other barriers that would prevent or unreasonably obstruct passage of
pedestrian or vehicular travel shall not be erected or permitted within the Common Area, except:
(i) limited curbing and other forms of traffic control approved by the Declarant in writing, and (ii)
temporary staging and/or storage areas approved by Declarant. The Common Area on all Lots
shall be substantially completed no later than the day on which the first Occupant of such Lot
opens for business. Such work shall be done in a good and workmanlike manner and in accordance
with good engineering standards.
6.2 Parking Requirements.
(a) Except as provided for herein, all Lots shall provide and maintain the following
minimum number of parking spaces or the number required by local ordinance, whichever is
greater:
(i) four and one half (4.5) parking spaces for every 1,000 square feet of
Floor Area;
(ii) six and one half (6.5) parking spaces for every 1,000 square feet of Floor
Area used for quick -serve Restaurant;
(iii) ten (10) parking spaces for every 1,000 square feet of Floor Area used
for full -service, table -waited Restaurant.
Parking requirements shall be satisfied within the boundaries of each Lot without reliance on the
cross -parking easements established under Article 10.
(b) Parking spaces shall be at least 9' by 18' in size and comply with the Project
Design Guidelines. Parking spaces within the Common Area on any Lot shall not be designated
for use by Peimittees or employees of a particular business, except Owners may designate a limited
number of parking spaces on their own Lot for employees, electric vehicles, veterans, senior
citizens, and/or short term curbside pickup purposes. A ramp or other elevated parking structure,
or underground parking structure, shall not be created within, or required for, any of the Common
Area on any Lot. Parking requirements on any Lot shall not be modified if the modification would
increase or materially modify parking requirements on any other Lot. Permittees shall not be
required to pay a fee to park within the Project.
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(c) If a condemnation reduces the number of usable parking spaces to less than the
equired, the Owner thereof shall modify the improvements on its Lot (increase parking
Floor Area) to comply with the parking requirements set forth in this Declaration.
(d) Parking within the Project is restricted to Owners, Occupants and their
employees and Permittees. Owner(s), lessee(s) and/or occupant(s) of property outside the
boundaries of the Project shall not be permitted to use parking spaces within the Project.
(e) Overnight parking is prohibited except an Owner may park its own vehicles or
vehicles delivering to its Building and allow employees to park their vehicles overnight on the
Owner's own Lot.
6.3 Outdoor Seating Areas. Subject to applicable Laws and prior written approval of
the Declarant, an Owner may allow outdoor seating on its Lot in close proximity to the Building
located on its Lot to the extent it does not encroach upon any Protected Access or otherwise
interfere with cross access. The Owner shall obtain Declarant approval of the proposed seating
area location and dimensions; and the number of seats, tables, design, color and location of tables,
umbrellas and screening. The Owner shall (i) maintain the outdoor seating area in a neat, clean
and orderly condition free of litter, buildup or residue from food spills, dusts, dirt and other
substances; (ii) remove all trash daily and continuously bus and wipe tables and sweep and clean
the floor/ground; (iii) steam clean or pressure wash the outdoor seating area regularly and when
the Manager reasonably requests; (iv) porter and clean any and all debris and trash from
surrounding Common Area that may arise or occur from the use of the outdoor seating area; and
(v) remove all furniture, fixtures and equipment from the outdoor seating area during seasons it
does not get used.
6.4 Common Area Alterations.
(a) Owners shall not make or permit changes to Common Area without written
approval of the Declarant, except that each Owner hereby reserves the right to make, at its own
expense, any insignificant alteration of the Common Area on its respective Lot, without obtaining
approval, if:
(i) it does not materially alter or impede parking or cross access with the
remainder of the Project;
(ii) the required number of parking spaces are retained on the Lot;
(iii) it complies with all applicable Laws;
(iv) it does not alter existing access to the adjacent public streets (additional
access points may be created with written approval of the Declarant).
(b) This Section 6.4 does not apply to alterations resulting from or arising out of
the construction, expansion or maintenance of Buildings.
(c) Modification of any Protected Access area shall require written approval of
Declarant and Owners of Lots that are contiguous to or utilize the Protected Access for direct
vehicular ingress and egress to a publicly dedicated right of way.
ARTICLE 7 ARCHITECTURAL APPROVAL AND CONSTRUCTION
DEPOSIT
7.1 Approval. All Buildings and other improvements on a Lot (collectively
"Improvements"), including but not limited to exterior lighting, trash enclosures, utilities,
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ping, irrigation and storm water systems, parking lot striping, mailbox and signage,
'I E 'U'`1BER A2G22 cted, altered, modified, removed or demolished must first be approved by the Declarant
and Je TMCDR Board (as defined in the Project Design Guidelines). The Project Design
Guidelines are in place to maintain the overall look and quality of the Project. Building plans
cannot be submitted to Meridian City until final plans have been approved by the TMCDR Board,
which approval shall not be unreasonably withheld.
7.2 Non -Liability. Subject to compliance with Section 7.1, the Declarant shall not be
liable to any Owner or other party for any loss, damage or injury arising out of the performance
by the Declarant of its duties and responsibilities by reason of mistake in judgment, negligence or
nonfeasance arising out of or in connection with the approval, disapproval or failure to approve
the construction of Improvements.
7.3 Basis of Approval. Approval or disapproval of plans and specifications for the
construction of Improvements may be based on, among other things, Lot dimensions; conformity
and harmony of design with the Project Design Guidelines; neighboring Improvements; the effect
of location and use of Improvements on neighboring Lot operations and uses; topography, grade,
ground elevation and landscaping of the Lot relative to adjacent Lots; orientation of the building
front; and conformity of plans and specifications to the general intent of this Declaration; and the
Project Design Guidelines and applicable rules adopted (or thereafter amended in whole or in part)
by the Declarant. Approval shall not be arbitrarily or unreasonably withheld or delayed.
7.4 Variances and Waivers. Other than with respect to any provision in this
Declaration relating to Protected Access, when circumstances such as topography, natural
obstructions, aesthetics, environmental considerations, or when otherwise determined reasonable
by the Declarant, in its sole discretion, the Declarant may grant a written variance or waiver from
compliance with specified requirements, conditions, or restrictions in this Declaration to the extent
the waiver does not create a conflict with applicable Laws or the Project Design Guidelines.
7.5 Application. To request approval for the construction, alteration or demolition of
any Improvements, the applicant shall submit a written application in a form reasonably required
by the Declarant, signed by the Owner of the Lot with all information requested and all other
material required herein. All applications must include the following items prepared in accordance
with industry standards:
(a) a site plan showing the location of the Building and all other Improvements,
including fences, walls on the Lot, drainage and all set backs, curb cuts, driveways, parking areas
and other pertinent information related to the Improvements;
(b) building plans depicting a footprint for the Building, Floor Area, parking count,
elevation drawings, and detailed exterior specifications identifying all exterior colors, materials
and finishes to be used including but not limited to the roof, and
(c) a landscape plan depicting the location, type and size of trees, plants, ground
cover, shrubs, berming, mounding, grading, drainage, sprinklers, fences, exterior lights,
driveways, parking areas and walkways, mailbox, parking lot, striping locations and color, and
directional signage.
The applicant may also be required to furnish additional specifications, drawings, material samples
or such other information as the Declarant shall deem necessary or convenient for the purpose of
reviewing and processing the application. Additionally, the applicant may be required to pay a fee
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ime the application is submitted, the amount of such fee to be based upon the reasonable
UA2G22-0'aa es anticipated to be incurred by the Declarant in reviewing and processing the application
and the Declarant may delay the review until such fee is paid.
7.6 Decision. All applications shall either be approved or denied within 30 days after
the Declarant receives a properly submitted application and fee. The decision of the Declarant
may be in the form of an approval, a conditional approval or a denial. A conditional approval shall
set forth with particularity the conditions upon which the application is approved, and the applicant
shall be required to affix a copy of such conditions to the working drawings or blueprints, which
shall be kept on site until the relevant work is completed. A denial of an application shall state
with particularity the reasons for such denial.
7.7 Construction Deposit. Prior to the commencement of construction, alteration,
removal or demolition of a Building or other Improvements, the Owner of the Lot shall tender a
deposit to the Manager in accordance with rules adopted by the Declarant, to ensure compliance
with the Project Design Guidelines and this Declaration.
7.8 Notwithstanding the provisions of 7.5, 7.6 and 7.7, for so long as the Scheels Owner
is Scheels All Sports, Inc., or its affiliates, no fee shall be payable in connection with any approval,
or future approval of Improvements on the Scheels Lot, nor shall any fee or deposit be required in
connection with ensuring compliance with this Declaration.
ARTICLE 8 COMMON AREA MAINTENANCE
8.1 Maintenance by Manager. Except as otherwise set forth herein, Manager shall
be responsible for:
(a) Drive and Parking Areas. Maintaining all Protected Access and other paved
surfaces and curbs in a smooth and evenly covered condition, including, without limitation,
replacing base, skin patching, resealing and resurfacing (an asphalt overlay shall be considered
maintenance).
(b) Debris and Refuse. Periodically removing papers, debris, filth, refuse, ice and
snow, including periodic vacuuming and broom sweeping to the extent necessary to keep the
Common Area in a first-class, clean condition. All sweeping shall be performed at appropriate
intervals and times that do not interfere with use of the Common Area by Permittees. Snow shall
be plowed when two inches accumulate and replowed as necessary to maintain less than a two
inch accumulation.
(c) Non -Occupant Signs and Markers. Maintaining, cleaning, repairing and
replacing traffic and ADA signs and markers; restriping of parking spaces, drive lanes, fire lanes,
loading zones, no parking areas and pedestrian crosswalks.
(d) Lighting. Maintaining, cleaning, and repairing Common Area lighting,
including poles, wires, conduits, lamps, ballasts, lenses, time clocks and circuit breakers for the
Common Area lighting as well as the Project Signs. Each Owner shall, at its own expense,
maintain, repair and replace all light fixtures attached to its building(s).
(e) Landscaping. Maintaining and replacing all planters, plants, grass, trees,
shrubs, and irrigation systems within the Project and in the public right-of-way adjacent to the
Proj ect.
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(f) Obstructions. Keeping the Common Area free from un-approved obstructions.
(g) Sidewalks. Maintaining and cleaning, repairing and replacing all sidewalks
within the public right-of-way adjacent to the Project at intervals and times that do not interfere
with business or use of the Common Area.
(h) Supervisory Personnel. Providing supervisory personnel for Common Area
maintenance activities when the Manager deems it appropriate.
(i) Traffic. Traffic control for the Common Area when the Declarant deems it
appropriate.
0) Security. Security services for the Common Area when the Declarant deems it
appropriate.
(k) Insurance. Manager shall obtain and maintain commercial general liability
insurance covering all of its management activities and the Common Area that the Manager is
responsible for maintaining in accordance with Section 14.5.
8.2 Maintenance by Owner. Each Owner, at its sole cost and expense, shall:
(a) maintain its unimproved Lot in a clean, safe and orderly condition and shall take
reasonable measures to control weeds, dust, dirt, litter or debris;
(b) maintain, repair, replace, and clean, all sidewalks and Common Area
Improvements behind the curb adjacent to the Building on its Lot and also sweep and remove snow
and ice from such sidewalks;
(c) maintain, repair, replace, clean, sweep and remove snow and ice from all service
facilities, loading docks, drive -up or drive through lanes and/or customer service facilities, fuel
facilities and vehicle fueling areas, menu boards, and monument signs (that are not Project Signs)
on its Lot;
(d) maintain, clean, repair, and replace all other Improvements on its Lot that are
not expressly the Manager's responsibility herein;
(e) maintain, repair, replace, and clean, all Common Area Improvements (i) on its
Lot damaged or destroyed as a result of a casualty event or a condemnation, including but not
limited to the Protected Access, and (ii) all such improvements on any other Lot damaged by the
Owner's construction or other activities; and
(f) take all such action as may be required under applicable municipal ordinances
and other laws, rules and regulations with respect to any damage or destruction to its unimproved
Lot and the improved Common Area on its Lot and to promptly remove all debris resulting from
such damage or destruction and commence to repair, replace and rebuild such damaged Common
Area within 90 days after such damage or destruction, or sooner if possible, and thereafter use
reasonable diligence to cause the same to be completed and ready for occupancy within 120 days
after such damage or destruction occurs or as soon thereafter as is practicable under the
circumstances, so long as the restoration efforts are pursued to completion.
(g) Prior to commencing any such repair, replacement or rebuilding, such Owner
shall comply with the requirements set forth in this Declaration relating to construction of
Improvements. All such repaired, replaced and rebuilt Common Area shall be repaired, replaced
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ilt to the sarne general condition and appearance that existed immediately prior to such
� J %UtjaLR:A-2G22-0,aa or destruction.
8.3 Owner -Maintained Lots. If Declarant directs, or otherwise agrees in writing to
allow Owners to maintain the Common Area on their own Lot, such Owner shall at its own cost
and expense maintain all agreed upon portions of the Common Area on such Lot in accordance
with standards set forth herein and also pay, in lieu of Regular Assessments under Section 8.5, a
separate annual flat fee of twenty five cents ($0.25), for each square foot of Lot Area (or a sum
otherwise approved in writing by the Declarant, in its sole discretion) as contribution toward the
repair, maintenance and operation of the common drive aisles, storm water facilities and other
Common Area improvements such as Project Signs and Protected Access lighting. Unless the
Declarant approves of a different fee, the foregoing flat fee of $0.25/sf shall increase 3% annually
after the year this Declaration is recorded. Lots authorized or directed in writing by the Declarant
to be maintained by their Owners may sometimes be collectively referred to herein as "Owner -
Maintained Lot(s)". Notwithstanding anything to the contrary herein, the Owner of each Lot
shall keep the unimproved Common Area on such Lot mowed, weed free and litter free.
8.4 Maintenance Standard. Whether maintained by the Manager or the Owner, the
minimum standard of maintenance for the Common Area on all Lots shall be consistent with the
standard of maintenance for first class commercial developments of comparable use and size in
the same geographic area, and shall comply with this Declaration and all Laws. All Common Area
Improvements shall be repaired or replaced with materials at least equal to the original quality of
the materials being repaired or replaced to maintain harmony and integrity of the Project.
8.5 Regular Assessments. The Manager shall expend only such funds as are
reasonably necessary for the operation, repair, replacement and maintenance of the Common Area,
and shall pay such costs when due. Subject to Section 8.3, the Manager shall levy Regular
Assessments against the Lots and the Owners shall pay the Regular Assessments to the Manager
subject to the following:
(a) Restaurants may be assessed a Lot specific Special Assessment as set forth in
Section 8.6 for parking lot cleaning.
(b) The Cost of maintaining, repairing and replacing the Project Signs shall be paid
by the Lot Owners with Occupants displaying signage on said sign, pro rata based on the square
footage of each Occupants' sign panel on the respective Project Sign.
(c) Subject to an annual reconciliation, the Manager may estimate the annual
Shared Maintenance Costs and levy Regular Assessments against each Lot and invoice each
Owner in advance on a monthly basis for the estimated Regular Assessment. Unless other written
arrangements are approved in writing by the Declarant, each Owner shall pay its estimated Regular
Assessment within 20 days after receipt of the invoice. All invoices shall be deemed correct unless
disputed in writing within 60 days after receipt. The Manager shall prepare an annual statement
in reasonable detail showing the actual Shared Maintenance Costs incurred, the allocation of such
expenses, and the difference between the amount owed and the amounts previously paid by such
Owner. The Manager will deliver the annual statement to the Owners within 120 days after the
end of each calendar year. The payment obligations for ongoing Regular Assessments will not be
affected in any manner by the late submission of the annual statement or by any estimate or
statement which is subsequently modified by actual or corrected figures. Any overpayment by an
Owner reflected in the annual statement will be credited against the total estimated Regular
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ent for the subsequent period and the remaining monthly invoices for the subsequent
E,UM ER,— shall be modified accordingly.
(d) Regular Assessments shall commence for each Lot upon construction of any
Improvements on the Lot, as reasonably determined by the Declarant, and all times thereafter. If
an Owner fails to pay the entire amount of such invoice within 30 days, then (i) a 5% late fee shall
accrue on the 31 st day; (ii) the unpaid balance shall thereafter accrue interest as provided in Section
15.3; and (iii) the Manager may file a claim of lien in accordance with Section 15.4, and may
pursue all available remedies.
(e) Regular Assessments shall include all reasonable expenses incurred by Manager
for labor (including reasonable compensation to employees of the Manager), services, equipment,
supplies, and materials in connection therewith, and a management fee, payable to the Manager,
of not more than fifteen percent (15%) of the costs incurred.
(f) The Manager shall maintain complete and accurate records of all Shared
Maintenance Costs for a period of at least two (2) years following the release of the annual
statement provided for in this Section 8.5. Within one (1) year after receipt of the annual statement
and with at least 10 days' prior written notice to the Manager, an Owner may inspect the records
for all Shared Maintenance Costs incurred during the preceding calendar year. The Owner's
inspection shall take place at a reasonable time during ordinary business hours at the Manager's
main office, or at such other location reasonably designated by the Manager, If the Owner's
inspection reveals an overpayment or underpayment, the Owner shall provide a detailed written
report of such to the Manager. If the Manager agrees there was an overpayment, it shall be credited
against the total estimated Regular Assessment for the subsequent period and the remaining
monthly invoices for the subsequent period shall be modified accordingly. If the Owner's
inspection reveals an underpayment, the Owner shall reimburse the Manager its proportionate
share of any such underpayment within 30 days. If the Manager disputes the Owner's assertion of
an overpayment, the Owner may obtain an audit by a mutually agreeable independent certified
public accountant at the Owner's expense. If the audit reveals there was an overpayment, the
amount of overpayment shall be credited against the total estimated Regular Assessment for the
subsequent period and the remaining monthly invoices for the subsequent period shall be modified
accordingly. If the audit reveals that the Manager overstated expenses by more than 5%, the
Manager shall also reimburse the Owner the reasonable costs of the audit within 30 days.
(g) The Shared Maintenance Costs shall first be reduced by all payments paid or
payable by the Owner -Maintained Lots and anchors with respect to the applicable period and then
be allocated among all the remaining improved Lots as part of the Regular Assessment. In no
event shall Declarant or Manager, as applicable, be entitled to a reimbursement for Shared
Maintenance Costs in excess of 100% of the costs actually paid or incurred by Declarant or
Manager, as applicable, in any calendar year.
(h) Notwithstanding anything to the contrary herein, Shared Maintenance Costs
shall not include marketing costs related to the Project, any costs of the original construction of,
or capital improvement costs related, to any Common Area Improvements or depreciation thereof,
wages, salaries or other compensation paid to executive employees of Declarant; costs associated
with the operation of the business of the Declarant, which costs are not directly related to
maintaining or operating the Common Areas, any expense representing an amount paid for
products or services (other than overall property management) to a person or entity related to or
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d with Declarant which is in excess of the fair market value of such services and products;
'U'`1 BER A2G22°1uired in disputes with Owners or Occupants; or any cost or expense related to removal,
c eamng, abatement or remediation of Hazardous Materials in or about the Common Areas,
including, without limitation, hazardous substances in the ground water or soil, other than routine
and minor clean-up of spills of Hazardous Materials by undetermined sources in the Common
Area, such as automobile minor leakage of oil or gasoline.
8.6 Special Assessment. If an Owner or Occupant of one or more particular Lots fails
to repair damage to the Common Area on its own Lot or another Lot as required under Section 8.2
and as a result thereof causes the Manager to incur additional, unusual or extraordinary
maintenance costs, the Manager may levy an equitable special assessment ("Special Assessment")
against the Lot or Lots owned by the Owner that caused the Manager to incur the additional,
unusual or extraordinary maintenance cost. Special Assessments shall be a separate line item on
the Manager's invoice to the Owner provided for in Section 8.5.
8.7 Separate Agreements. Notwithstanding anything to the contrary set forth in this
Declaration, the term "Separate Agreement(s)" means each separate agreement entered into
between Declarant and an Owner wherein Declarant and such Owner have set forth certain
agreements relating to maintenance obligations and the Shared Maintenance Costs, which Separate
Agreements are incorporated herein for notice purposes. In the event of any conflict between the
terms set forth in this Declaration and those set forth in the Separate Agreements, as between
Declarant and the respective Owner, the provisions of their respective Separate Agreement shall
control.
ARTICLE 9 MAINTENANCE OF BUILDINGS AND UTILITY LINES
9.1 Building Improvements.
(a) After completion of construction, each Owner shall maintain and keep the
exterior of the Buildings on its Lot in a first-class condition and state of repair, in compliance with
all Laws, this Declaration and Project Design Guidelines. Each Owner shall store all trash and
garbage in adequate containers, locate such containers within a screening enclosure approved by
Declarant, and arrange for regular removal of the trash. Trash enclosures for Restaurants shall
include doors or gates approved by Declarant. Notwithstanding anything to the contrary in this
Declaration or in any other agreement between the Declarant and any Owners governing the
Project, none of Declarant, Manager, the TMCDR Board, nor any third party shall have any right
of approval over the layout, fixturing or merchandising of the interior of any Building.
(b) If any Buildings are damaged by a casualty event or a condemnation (whether
insured or not), the Owner thereof shall, subject to government regulation and/or insurance
adjustment delays, promptly remove the debris resulting from such event, install visual screening,
and within a reasonable time thereafter perform one of the following within 90 days after such
casualty, or sooner if possible, and thereafter use reasonable diligence to cause the same to be
completed within 120 days after the casualty event or as soon thereafter as is practicable under the
circumstances, so long as the restoration efforts are diligently pursued to completion:
(i) repair or restore the damaged Building in accordance with all applicable
provisions of this Declaration and take all such action as may be
required under applicable municipal ordinances and other laws, rules
and regulations with respect to the damaged Building;
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(ii) construct another Building in such location in accordance with all
applicable provisions of this Declaration; or
(iii) demolish the damaged portion and/or the balance of such Building and
restore the cleared area to either a hard surface or landscaped condition
which shall be considered Common Area until a replacement Building
is constructed.
(c) During any period of rebuilding, repairing, replacement or reconstruction of a
Building, the Floor Area of that Building shall be deemed to be the same as existed immediately
prior to that period. Upon completion of such rebuilding, repairing, replacement or reconstruction,
the Owner upon whose Lot such Building is located shall certify the Floor Area, in accordance
with Section 1.4, to the Declarant and Manager.
9.2 Prior to commencing any such repair, replacement or rebuilding, such Owner shall
comply with the requirements set forth in this Declaration relating to construction of
Improvements. All such repaired, replaced and rebuilt Common Area shall be repaired, replaced
and rebuilt to the same general condition and appearance that existed immediately prior to such
damage or destruction.
9.3 Utility Lines.
(a) Each Owner shall maintain and repair, or cause to be maintained and repaired,
in a clean, safe and orderly condition, all Private Utility Lines used by such Owner, regardless of
where located. Each Owner shall give 20 days notice to other Owners before performing any
maintenance, replacement and/or repair of a Private Utility Lines located on the other Owner's Lot
(except in an emergency the work may be initiated with reasonable notice). The maintenance,
replacement and/or repair on another Owner's Lot shall occur when reasonably feasible, and at a
time and in a manner that minimizes disruptions. Any Owner performing maintenance or repair
work shall promptly pay all costs and expenses associated therewith, promptly complete such work
and clean and restore the Common Area to a condition equal to or better than the condition which
existed prior to the commencement of such work.
(b) Common Utility Lines shall be maintained, repaired and/or replaced by the
Manager and the expenses related thereto shall be proportionally levied against the Lots serviced
thereby.
ARTICLE 10 EASEMENTS
10.1 Ingress and Egress Easement. Declarant hereby declares, establishes, creates and
grants to the Owner of each Lot for the benefit of each Lot (for use by each such Owner, the
Occupants of each such Lot, and their respective Permittees): (i) a non-exclusive perpetual
easement for vehicular ingress, egress, and passage of vehicles over and across all Protected
Access, parking, roadways, driveways, and entrance ways as may be located on the Common Area
of any Lot; and (ii) a non-exclusive perpetual easement for the passage of pedestrians over and
across all Protected Access, parking, roadways, driveways, entrance ways and sidewalks as may
exist on the Common Area of any Lot. After an access drive is designated as Protected Access on
the Site Plan, it shall not be reconfigured or modified without written consent of the Declarant and
the Owners of Lots that are contiguous to such Protected Access or Lots that utilize the Protected
Access for direct vehicular ingress and egress to a publicly dedicated right of way. For purposes
of the foregoing, and notwithstanding the status of the same as of the date of this Declaration, each
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ollowing roads, as the same surround and/or intersect the Project, shall be deemed to be a
'Ij%Ut`1BERA2G22 y dedicated right of way: W. Cobalt Road, S. Ten Mile Road, S. Wayfinder Avenue, S.
enc mark Avenue, and S. Vanguard Way.
10.2 Cross Parking Easement. Declarant hereby declares, establishes, creates and
grants to the Owner of each Lot for the benefit of each Lot (for use by such Owner, its tenants and
their respective Permittees) a non-exclusive perpetual easement for parking of vehicles over and
across all parking areas located on the Common Area of any Lot. Parking spaces shall not be
designated for exclusive use of a particular party except ADA spaces shall be marked in
accordance with ADA regulations. The foregoing easements shall not be construed to, and shall
not, create any construction or other easement for the installation or construction of parking areas
by any Owner on the Lot of another Owner.
10.3 Avoidance of Prescription. Subject to Section 10.9, the Owner of each Lot shall
be entitled to close off the parking and passage of vehicular and pedestrian access, ingress, and
egress over and across roadways, driveways, entrance ways, and walkways on the Common Area
located on the Owner's Lot (other than with respect to any Protected Access) for a period not to
exceed one (1) day in each calendar year for the purpose of preventing the creation of prescriptive
easement rights in and to such areas in favor of the public. Closing off access drives that benefit
other Lots shall be coordinated between the Owners of the Lots benefitting from the access drive.
10.4 Project Sign Landscaping and Maintenance Easement. Declarant hereby
reserves unto Declarant a perpetual easement over the Common Area to access each Project Sign
and a perpetual construction, use and maintenance easement for each Project Sign to construct,
install (including the installation of electrical power thereto), use, maintain, repair and replace the
Project Sign and the landscaping around the Project Sign. Each party or Occupant having a sign
panel on a Project Sign shall have a license across the Common Area to access, install, maintain,
repair and replace its sign panel.
10.5 Utilities.
(a) Each Owner hereby grants and conveys to each other Owner nonexclusive
perpetual easements in, to, over, under, along and across those portions of the Common Area
located on the grantor's Lot (including but not limited to within the Protected Access areas) as
reasonably necessary for the installation, operation, flow, passage, use, maintenance, connection,
repair, relocation, and removal of Utility Lines serving the grantee's Lot, including, but not limited
to, sanitary sewers, storm water drain and retention facilities, and water (fire, irrigation and
domestic), gas, electrical, telephone and communication lines.
(b) All Utility Lines shall be underground except:
(i) ground mounted electrical transformers, switch gear and ground
sleeves;
(ii) ground level or above ground surface water collection, retention and
distribution facilities which are or became a part of the Project;
(iii) as may be necessary during periods of construction, reconstruction,
repair or temporary service;
(iv) as may be required by governmental agencies having jurisdiction over
the Project;
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(v) surface storm water retention area depicted and legally described on
Exhibit E hereto and as otherwise approved by the TMCDR Board and
Meridian City and depicted on future plats;
(vi) as may be required by the provider of such utility service; and
(vii) fire hydrants.
(c) At least twenty (20) days prior to any installation, maintenance, connection,
repair, relocation or removal of Utility Lines located on another Owner's Lot pursuant to the
easement granted herein (except in an emergency, the work may be initiated with reasonable
notice), the grantee Owner shall first provide the grantor Owner with a written statement describing
the need for such work, shall identify the proposed location of the Utility Line, the nature of the
service to be provided, and the anticipated commencement and completion dates for the work and
shall furnish a certificate of insurance showing that its contractor has obtained the minimum
insurance coverage required by Section 14.2.
(d) The initial location of any Utility Line shall be subject to the prior written
approval of the Owner whose Common Area is to be burdened thereby, such approval not to be
unreasonably withheld or delayed. The easement area shall be no wider than necessary to
reasonably satisfy the requirements of a private or public utility, or five feet (5') on each side of
the centerline of the Utility Line if the easement is granted to an Owner. Upon request, the grantee
Owner shall provide to the grantor Owner a copy of an as -built survey showing the location of
such Utility Line.
(e) Except as otherwise agreed to by the grantor Owner and the grantee Owner, any
Owner installing Private Utility Lines shall pay all costs and expenses with respect thereto and
shall cause all work in connection therewith (including general clean up and proper surface and/or
subsurface restoration) to be promptly completed and at times and in a manner to minimize
disnaption or interference with the use of the Common Area. In addition, the grantee of any Private
Utility Line easement shall Indemnify the grantor Owner from all Liabilities arising out of or
resulting from the installation, maintenance and operation of the Private Utility Line.
(f) Each grantor Owner shall have the right to relocate a Utility Line located on its
Lot upon twenty (20) days' prior written notice so long as such relocation:
(i) shall not be commenced during the months of October, November or
December;
(ii) shall not interfere with or disrupt the utility service to any other Owner
during its business hours;
(iii) shall not reduce or unreasonably impair the usefulness or function of
such Utility Line;
(iv) shall be performed without cost or expense to the grantor Owner;
(v) shall be completed using materials and design standards which equal or
exceed those originally used; and
(vi) shall have been approved by the provider of such service and the
appropriate government agencies having jurisdiction thereover.
Documentation of the relocated easement area, including the furnishing of an "as -built"
survey, shall be performed at the grantor Owner's expense and shall be accomplished as
soon as possible following completion of such relocation.
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10.6 Storm Water. Each Owner shall construct storm water retention facilitates on its
`' E 'U'`1BER A 2G22 etain storm water on its own Lot except for the shared storm water easement depicted on
the i e Plan and legally described on Exhibit E attached hereto and as may otherwise be expressly
depicted on a Plat or agreed to in writing between affected Lot Owners and approved by the
Declarant in writing (e.g. for shared access drives). Unless otherwise agreed to in writing by the
Declarant, each owner shall maintain at its own cost and expense all surface water collection and
retention facilities on its Lot, in an orderly, safe and sanitaiy condition.
10.7 Building Encroachments.
(a) In order to accommodate any component of a Building which inadvertently may
be constructed beyond a Lot's boundary line, each Owner grants to each Owner owning an adjacent
Lot an easement, not to exceed a maximum lateral distance of six inches (6"), in, to, over, under
and across that portion of the grantor's Lot adjacent to such common boundary line for the
maintenance and replacement of such encroaching Building component.
(b) The foregoing easement grant shall not diminish or waive any right of an Owner
to recover damages resulting from the constructing Owner's failure to construct its Building within
its Lot. The easements in each instance shall continue in effect for the term of this Declaration
and thereafter for so long as the original Building using the easement area exists.
(c) With respect to Buildings constructed along the common boundary line between
Lots, nothing herein shall be deemed to create or establish:
(i) a "common" or "Owner" wall to be shared with the adjacent Building;
or
(ii) the right for a Building to receive support from or apply pressure to the
adjacent Building.
10.8 Easement Conditions and Limitations. The easement rights granted or reserved
herein shall be subject to the following conditions, as well as any other applicable provisions
contained in this Declaration.
(a) Prior to closing off any portion of the Common Area to the extent expressly
allowed in this Declaration, each Owner shall give advance written notice of its intent to each other
affected Owner, and shall coordinate such closing with each other affected Owner to minimize
disruption and interference with the passage of pedestrians or vehicles.
(b) Each Owner that has established a temporary staging and/or storage area on its
Lot for construction purposes reserves the right to exclude and restrain persons from using the
staging and/or storage area during the period of time it is used for staging and construction
purposes.
(c) Owners shall not grant any easements for the benefit of property outside of the
Project or for the benefit of persons who are not Owners or Occupants of the Project. The
foregoing shall not prohibit the granting or dedicating of easements by an Owner on its Lot to
government or quasi -government entities or to public utilities except public transit or public
parking easements or rights shall not be granted.
(d) Each Owner shall have the right at any time to exclude and restrain any person
who is not a Permittee from using the Common Area on its Lot.
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ARTICLE 11 PROHIBITED USES
11.1 Prohibited Uses.
(a) The Project shall be used only for retail sales, hotel, financial institutions,
offices, Restaurants, entertainment or other commercial purposes consistent with the operation of
a first-class retail commercial mixed use project.
(b) Without limiting the generality of the foregoing, the following uses are
prohibited unless approved in writing by the Declarant, which approval may be granted or withheld
in the sole discretion of the Declarant except the Scheels Owner approval shall also be required
when such use is on any property within TM Center East:
(i) any use which emits an obnoxious odor, obnoxious noise or obnoxious
sound which can be heard or smelled outside of any Building in the
Project, except that this provision shall not prohibit normal cooking
odors which are associated with a first-class Restaurant operation;
(ii) mobile home park, trailer court, labor camp, junkyard or stockyard;
(iii) dumping, disposing, incinerating, storing, processing or reduction of
garbage or scrap (excluding trash compactors behind a Building);
(iv) fire sale, going out of business sale, bankruptcy sale (unless pursuant to
a court order) or auction house operation;
(v) central laundry, dry cleaning plant, laundromat or other self-service
laundry facility (except nominal supportive facilities for pickup and
delivery by the ultimate consume);
(vi) salvage yard;
(vii) auto, trailer or RV sales and rental;
(viii) veterinary hospital, kennels or animal breeding facility, except pet
supply stores and veterinary services incidental thereto;
(ix) mortuary, funeral home or crematory;
(x) adult book store, adult video store, adult entertainment, night club, or
establishment selling or displaying nudity (including, but not limited to,
partially clothed dancers or wait staff) or selling, renting or exhibiting
pornographic materials;
(xi) bar, tavern, Restaurant or other establishment where more than 50% of
its annual gross revenues are from the sale of alcoholic beverages for
on -premises consumption;
(xii) sale of liquor, beer, or wine, except in state liquor store, full -line grocery
store, drug store or convenience store;
(xiii) flea market, second-hand or surplus store, thrift shop, pawn shop or
other business principally engaged in the sale of used merchandise;
(xiv) pool or billiard hall, skating rink, or dance hall (however a theater or
other family friendly entertainment venue may have pool tables, video
games and other ancillary entertainment features);
(xv) massage parlor, tattoo parlor, body piercing establishment (however a
day spa facility offering therapeutic massage, such as Massage Envy or
similar establishment is allowed);
(xvi) training or educational establishment, including, but not limited to,
beauty schools, barber colleges, reading rooms, places of instruction or
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other operations catering primarily to students or trainees rather than to
customers (excluding on site employee training by an Occupant, and
excluding establishments within TM Center that do not occupy more
than 4,000 square feet of Floor Area);
(xvii) school, child care, church or other religious or educational facility
(except a child care establishment occupying less than 4,000 square feet
is allowed within TM Center);
(xviii) head shop or store selling marijuana, CBD products or drug -related
paraphernalia;
(xix) payday loan or check cashing establishments;
(xx) casino or any form of gambling;
(xxi) refining, smelting, agricultural or mining operation, slaughterhouse or
other use that produces an excessive quantity of dust, dirt or ash;
(xxii) storage, display or sale of explosives;
(xxiii) carnivals, fairs or auctions or illegal use;
(xxiv) car wash within TM Center East; and
(xxv) automotive service and repairwithin TM Center East.
Notwithstanding anything to the contrary in this Declaration nothing will prohibit:
(A) the operation of a family friendly entertainment facility serving food or
operating a movie theater, video games, bowling etc. such as a Dave &z Busters, Fat
Cats or similar operation; (B) establishments offering short term training or
educational experiences such as swim lessons, music lessons, tutoring, virtual golf,
spin class, aerobics, yoga, or other similar activities; or (C) an urgent care, I.V.
therapy, dental office or other similar establishment.
(c) The following uses occurring on the Scheels Lot shall be deemed to be
consistent with the operation of a first-class retail, commercial, mixed -use project and shall not be
prohibited by this Declaration when in conjunction with, or ancillary to, the operation of a first-
class retail establishment:
(i) the sale or use of firearms and ammunition, as well as propane, powder,
ammunition, reloading supplies, and the like associated therewith (nor
shall any of the foregoing, or any independent fuel source relating to a
generator, be deemed an unpermitted Hazardous Material for purposes
of Section 11.3 or otherwise);
(ii) the use of training facilities;
(iii) the operation of a cafe and/or coffee and snack bar or other food service
amenity; and
(iv) Special attractions and services, including, without limitation, child care
for Permittees, ferris wheels, aquariums, sports simulators, arcade -style
shooting galleries, historical displays, wildlife displays, outdoor and
outfitter displays, a bowling alley, a skating rink and other attractions,
storage (including palleted storage), and administrative office space.
(d) This Declaration is not intended to, and does not, create or impose any
obligation on an Owner to operate, continuously operate, or cause to be operated, a business on
any Lot.
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11.2 Use of Common Area.
(a) Merchandise, equipment or services, including, but not limited to, vending
machines, promotional devices and similar items, shall not be displayed, offered for sale or lease,
or stored on the sidewalks or within the remainder of the Common Area without the prior written
approval of the Declarant. The foregoing prohibition shall not apply to the temporary storage of
shopping carts in cart corrals or any recycling center or trash enclosures required by law, the
location of which shall be subject to the approval of the Declarant.
(b) Except to the extent required by law, Permittees shall not be charged for the
right to use the Common Area.
(c) Each Owner shall require its employees (and should use commercially
reasonable efforts to cause the Permittees of the Occupants of its Lot) to park their vehicles on the
Owner's Lot.
(d) So long as it does not materially adversely impact the parking on other Lots or
materially adversely interfere with the use of any Protected Access, the Scheels Owner may use a
reasonable portion of the Common Area on the Scheels Lot for outdoor events, sales, tent sales,
and promotions to promote a sporting goods store including, without limitation, fish fest, 5k runs,
canoe/kayak demonstrations, and may place in such Common Area a generator with an
independent fuel source, bicycle racks, canoe/kayak racks, bronze statues, benches, planters, flags
and flag poles, and cart corrals. Set up, take down, or conduct of any of the foregoing events or
activities shall not be deemed a violation of the provisions of Sections 5.1(b) or 5.6 of this
Declaration.
11.3 Hazardous Materials. Owners shall not use or permit the use of Hazardous
Materials on, about, under or in its Lot or any other portion of the Project, except in the ordinary
course of business and in compliance with all Laws which relate to or deal with human health or
the environment. Each Owner shall Indemnify the other Owners from and against all Liabilities,
including, but not limited to, costs of investigation, litigation and remediation costs arising out of
Hazardous Materials used or permitted to be used by such Owner, whether or not in the ordinary
course of business.
ARTICLE 12 COMMON AREA LIGHTING
12.1 Common Area Lighting. All parking lots and other Common Area, including
without limitation all Protected Access, shall be illuminated with fixtures designated by the
Declarant and shall include a safety/security lighting circuit to remain illuminated from dusk to
dawn every day. The location, height, finish, pole, base, heads and lamp type for all Common
Area and safety/security lighting, including the lighting intensity, are subject to approval by the
Declarant. Generally, no less than 1.5 footcandle intensity shall be provided. Maximum intensity
level shall generally not exceed 15 footcandles. After completion of the Common Area lighting
on its Lot, each Owner shall keep its Lot fully illuminated each day from dusk to at least 11:00
p.m. unless approved otherwise by the Declarant and shall keep the safety/security lighting
illuminated from dusk to dawn everyday; provided, however, that Declarant or Manager, as
applicable, shall keep the Protected Access safety/security lighting illuminated from dusk to dawn
everyday, the cost of which shall be reimbursable as part of Regular Assessments under Section
8.5 above. Each Owner and Occupant shall keep any exterior Building lights, lights at access
points and along main access drives, illuminated from dusk until dawn. During the term of this
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ion, each Owner grants an irrevocable license to other Owners to allow light to radiate
Common Area lights on adjoining Lots.
12.2 Scheels Lot Lighting. Notwithstanding the provisions of Section 12.1 above, the
hours of lighting the Common Area on the Scheels Lot shall be determined solely by the Scheels
Owner.
ARTICLE 13 SIGNS
13.1 Common Area Signs. Free standing signage shall not be placed on any Lot except
as expressly allowed pursuant to this Article 13. The Declarant may construct one or more
monument and/or pylon signs for the Project (each a "Project Sign") in the Common Area in the
general locations set forth in the Project Design Guidelines. The Declarant shall own and control
all Project Signs and may, in its sole discretion, lease, or license the use of the panel area thereof
to Owners and Occupants. The Owner or Occupants authorized by Declarant to display a sign
panel on the Project Signs shall pay for all cost and expense related to fabrication and installation
of its sign panel. The Project Signs shall be maintained by the Manager in accordance with the
provisions set forth in Article 8 and the maintenance costs shall be equitably allocated to the
Owner(s) and/or Occupant(s) whose names appear on such sign.
13.2 Owner Monument Sign. If allowed by the Project Design Guidelines, an Owner
may construct a monument sign as may be approved in accordance with Article 7. If a sign is
approved and installed in the Common Area in accordance with Article 7, the Owner(s) and/or
Occupant(s) whose names appear on such sign shall be responsible for the sign's operation and
maintenance in a first-class manner, and each Owner or Occupant having a sign panel thereon shall
maintain and illuminate such panel at its own expense unless otherwise agreed to in writing by the
Declarant.
13.3 Sign Approvals. Design plans and specs for all signs (including but not limited to
Building exterior signage, but excluding any Building interior signage) must first be approved by
the Declarant and TMCDR Board in accordance with Article 7, and comply with the Project
Design Guidelines (including sign guidelines and requirements promulgated thereunder) and all
applicable Laws.
ARTICLE 14 INSURANCE
14.1 Commercial General Liability Insurance.
(a) Each Owner shall maintain or cause to be maintained in full force and effect
commercial general liability insurance with a combined single limit of liability of not less than
Five Million Dollars ($5,000,000.00) for bodily injury, personal injury and property damage
arising out of any one occurrence; to the extent available under standard, commercially reasonable
coverage, the other Owners shall be "additional insureds" (but need not be individually identified
as such) under such policy as it applies to the insuring Owner's Lot and:
(i) the insurance policy shall include or be endorsed to provide that it will
not be canceled or reduced in below the requirements of this Article 14,
without at least thirty (30) days prior written notice by the insurer to
each named insured and to each additional insured;
(ii) the insurance shall provide for severability of interests;
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(iii) the insurance shall provide that an act or omission of one of the insureds
or additional insureds which would void or otherwise reduce coverage
shall not reduce or void the coverage as to the other insureds; and
(iv) to the extent available under standard, commercially reasonable
coverage, the insurance shall provide for contractual liability coverage
with respect to the indemnity obligations set forth in this Declaration.
(b) Each Owner shall Indemnify each other Owner from and against all Liabilities
asserted or incurred in connection with or arising from or as a result of the death of or injury to
any person or loss or damage to the property of any party which occurs on the Lot owned by the
indemnifying Owner arising out of the acts or omissions of said Owner and its officers, directors,
agents and employees (and not other Permittees), except to the extent such Liabilities are caused
by the negligence or the willful act or omission of the indemnified party or its agents or employees.
(c) Manager and Declarant shall Indemnify each Owner from and against all
Liabilities asserted or incurred in connection with or arising from or as a result of the death of or
injury to any person or loss or damage to the property of any party which shall occur within the
Project as a result of the gross negligence by Manager or Declarant of its obligations under this
Declaration or otherwise, except to the extent such Liabilities are caused by the negligence or the
willful act or omission of the indemnified party or its agents or employees.
14.2 Insurance During Construction_.
(a) Prior to commencing any construction activities within the Project, each Owner
shall obtain, or require its contractor to obtain, and thereafter maintain so long as such construction
activity is occurring, at least the minimum insurance coverages set forth below:
(i) Workers' compensation and employer's liability insurance:
(A) worker's compensation insurance as required by any applicable law
or regulation; and
(B) employer's liability insurance in the amount of $300,000 each
accident for bodily injury, $500,000 policy limit for bodily injury by
disease and $300,000 each employee for bodily injury by disease.
(ii) Commercial general liability insurance covering all operations by or on
behalf of the contractor, which shall include the following minimum
limits of liability and coverages:
(A) Required coverages:
(1) premises and operations;
(2) products and completed operations;
(3) contractual liability, insuring the indemnity obligations assumed
by the contractor under the contract documents;
(4) broad form property damage (including completed operations);
(5) explosion, collapse and underground ("XCU") hazards; and
(6) personal injury liability.
(B) Minimum limits of liability:
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(1) $1,000,000 each occurrence for bodily injury and property
damage;
(2) $1,000,000 for personal injury liability;
(3) $2,000,000 aggregate for products and completed operations,
which shall be maintained for a two (2) year period following
final completion of the work; and
(4) $2,000,000 combined single limit coverage per occurrence of
bodily injury, property damage or combination thereof, with a
$4,000,000 aggregate cap per policy year.
(iii) Automobile liability insurance (bodily injury and property damage
liability, including coverage for owned, hired and non -owned
automobiles, with limits of liability which shall be not less than
$1,000,000 combined single limit each accident for bodily injury and
property damage combined.
(b) If the construction activity involves the use of access or other easements on
another Owner's Lot, then the Owner of such Lot shall be named as an additional insured and such
insurance shall provide that the same shall not be cancelled, or reduced in amount or coverage
below the requirements of this Section 14.2, without at least thirty (30) days prior written notice
to the named insureds and each additional insured. If such insurance is cancelled or expires, then
the constructing Owner shall immediately stop all work on or use of the other Owner's Lot until
either the required insurance is reinstated or replacement insurance obtained.
(c) Each Owner shall Indemnify each other Owner from and against all Liabilities,
including liens and from any accident, injury or loss or damage whatsoever occurring to any person
or to the property of any party arising out of or resulting from any construction activities performed
or authorized by such indemnifying Owner. The foregoing shall not be applicable to either events
or circumstances caused by the negligence or willful act or omission of such indemnified Owner,
its licensees, concessionaires, agents, servants, employees, or anyone claiming by, through or
under any of them, or Liabilities covered by the release set forth in Section 14.3(b).
14.3 Property/Casualty Insurance.
(a) Upon starting construction on its Lot and so long as a Building exists, each
Owner shall procure property/casualty insurance with "extended" or "all risk" coverage, for the
full replacement value thereof (excluding footings, foundations or excavations). At a minimum,
the insurance coverage required by this Section 14.3 shall extend to loss or damage by fire,
windstorm, cyclone, tornado, hail, explosion, riot, civil commotion, malicious mischief,
vandalism, aircraft, vehicle, smoke damage and sprinkler leakage.
(b) Each Owner ("Releasing Owner") hereby releases and waives, for itself and
each party claiming by, through or under it, each other Owner ("Released Owner") from any
liability for any loss or damage to all property of such Releasing Owner located upon any portion
of the Project, which loss or damage is of the type generally covered by the insurance required
under this Section 14.3, irrespective of any negligence on the part of the Released Owner which
may have contributed to or caused such loss or of the amount of such insurance required to be
carried or actually carried, including any deductible or self-insurance reserve. Each Owner shall
use its reasonable efforts to obtain, if needed, appropriate endorsements to its policies of insurance
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spect to the foregoing release. The failure or inability to obtain such endorsements shall
%UtJB`R;A—1aa let the release hereinabove given.
(c) To the full extent permitted by law, each Owner ("Indemnitor") shall Indemnify
each other Owner ("Indemnitee") from and against all Liabilities asserted by or through any
Permittees using or on the Indemnitor's Lot for any loss or damage to the property of such
Permittee located upon the Indemnitor's Lot, which loss or damage is of the type generally covered
by the insurance required to be maintained under this Article 14, except to the extent such
Liabilities are caused by the negligence or the willful act or omission of the indemnified party or
its agents or employees.
14.4 Insurance Policy Requirements.
(a) All insurance coverage required by this Article 14 shall be provided under one
or more of the following:
(i) an individual policy covering the particular location;
(ii) a blanket policy but if a blanket general liability policy has an aggregate
limit less than $20,000,000, the insured party shall also maintain excess
liability coverage to establish a total liability insurance limit of
$20,000,000;
(iii) a plan of self insurance if the self -insuring Owner notifies the other
Owners of its intent to self insure and shall upon request deliver to any
other Owners, but not more than once per calendar year, a copy of its
annual report or Form 10 K audited by an independent CPA and which
discloses that such Owner has $75,000,000 or more of net current assets;
(iv) a plan of self insurance maintained by such Owner's parent company if
the parent company complies with the requirements of (iii) above and
guarantees such Owner's insurance obligations under this Article 14; or
(v) a combination of any of the foregoing insurance programs.
(b) All insurance provided under Section 14.4(a)(i) or Section 14.4(a)(ii) shall be
procured from companies authorized to issue such insurance in the state in which the Project is
located and shall be rated by Best's Insurance Reports not less than B+/X or a reasonably
equivalent rating commonly used in the industry. To the extent any deductible is permitted or
allowed as a part of any insurance policy carried by an Owner, such Owner shall be deemed to be
covering the amount thereof under an informal plan of self insurance. However, in no event shall
any deductible exceed $50,000.00 unless such Owner complies with the requirements regarding
self insurance pursuant to Section 14.4(a)(iii) or 14.4(a)(iv). Each Owner shall furnish to any
Owner requesting the same a certificate(s) of insurance, or statement of self insurance, as the case
may be, evidencing that the insurance required to be carried by such Owner is in full force and
effect.
14.5 Additional Insurance Coverage. In addition to the foregoing insurance
coverages, the Declarant and, if there is a Manager, the Manager shall obtain policies of
commercial general liability insurance and property/casualty insurance with respect to the
Common Area in the amounts, and pursuant to the provisions of, Section 14.1(a) above (including,
without limitation, the naming of the Owners as additional insured), the cost of which shall be
reimbursable pursuant to Section 8.5.
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ARTICLE 15 DEFAULT
15.1 Default by an Owner. The occurrence of any one or more of the following events
shall constitute a material default and breach of this Declaration ("Defaulting Owner"), Each
Owner shall be responsible for the default of its Occupants:
(a) failure to make any payment required under this Declaration within ten (10)
days after receiving notice of its failure to make payment on or before the due date therefor; or
(b) failure to observe or perform any covenant, condition or obligation (other than
a failure under 15.1 (a)) under this Declaration, and the failure is not cured within thirty (30) days
after receiving notice from the Manager or another Owner (Non -Defaulting Owner") specifying
the nature of the default. If the default, other than payment of money, cannot reasonably be cured
within thirty (30) days, the cure period shall be extended for a reasonable period of time if the
Defaulting Owner commences the cure within said thirty (30) day period and thereafter diligently
prosecutes the cure to completion.
15.2 Right to Cure Owner Default.
(a) With respect to any default under Section 15.1, the Manager and any Non -
Defaulting Owner shall have the right, but not the obligation, to cure such default by the payment
of money or the performance of some other action for the account of and at the expense of the
Defaulting Owner. However, if an event that would become a default under Section 15.1 (b) with
the passage of time would become an emergency condition, the Manager or a Non -Defaulting
Owner, acting in good faith, shall have the right to cure such event within the time period set forth
in Section 15.1(b).
(b) If the Manager or any Non -Defaulting Owner cures a default of another Owner,
the Defaulting Owner shall reimburse the Manager or Non Defaulting Owner for all costs and
expenses incurred in connection with therewith, plus interest as provided in Section 15.3, within
ten (10) days after receipt of demand therefor together with reasonable documentation supporting
the expenditures made.
(c) To cure a default, the Manager or a Non -Defaulting Owner shall have the right
to enter upon the Lot of the Defaulting Owner (but not into any Building) to perform necessary
work or furnish materials or services to cure the default.
15.3 Interest. If an Owner or other obligated party (including Manager or Declarant
pursuant to Section 15.9 below) does not pay any sum payable under this Declaration to another
party under this Declaration within ten (10) days of the due date, such delinquent obligated party
shall pay interest on such amount from the due date to and including the date such payment is
made at the lesser of: (i) three percent (3%) per annum plus the then current prime rate of interest
published by The Wall Street Journal (or that of another publication or of a financial institution
selected by the party to whom the obligation is owed if The Wall Street Journal shall cease to
publish a prime rate); or (ii) the highest rate permitted by law to be paid on such type of obligation.
15.4 Lien Rights.
(a) Costs and expenses incurred pursuant to this Article 15 (other than pursuant to
Section 15.9 below) shall be secured by and constitute a lien against the Defaulting Owner's Lot.
The lien shall attach and take effect only upon recordation of a claim of lien in the records of the
County in which the Project is. The claim of lien shall include the following:
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(i) the name of the lien claimant;
(ii) a statement concerning the basis for the claim of lien;
(iii) a description of the Lot against which the lien is claimed;
(iv) identification of the Owner of said Lot
(v) a statement itemizing the amount thereof; and
(vi) a statement that the lien is claimed pursuant to the provisions of this
Declaration including the recording date and instrument number (or
book and page) hereof.
(b) The claim of lien shall be duly verified, acknowledged and include a certificate
that a copy thereof has been served in accordance with Section 16.1 upon the Owner of the Lot
against which the lien is claimed. The lien may be enforced in any judicial proceedings allowed
by law, including, without limitation, foreclosure under state law.
15.5 Costs of Enforcement. If legal action is pursued to enforce or interpret this
Declaration, the prevailing party in such action shall be entitled to recover, in addition to other
remedies available, its reasonable attorney fees, court costs and expert witness fees, including but
not limited to fees incurred in appellate proceedings.
15.6 Remedies Cumulative.
(a) The Manager, Declarant and each Owner shall have the right to pursue legal
action for damages for any Default, or to enjoin the violation or threatened violation of any of the
terms, covenants or conditions of this Declaration, or to obtain a decree to compel compliance with
this Declaration, it being agreed that money damages may not be an adequate remedy (except when
payment of a liquidated sum is expressly provided as a remedy).
(b) All of the remedies permitted or available to the Manager or an Owner under
this Declaration or at law or in equity shall be cumulative and not alternative, and pursuit of a
particular remedy shall not constitute a waiver or election of remedies with respect to any other
permitted or available right or remedy.
(c) Manager, Declarant, and all Owners shall attempt to mitigate damages resulting
from the default of any other Owner or Manager. Manager and each Owner hereto shall take all
reasonable measures to effectuate the provisions of this Declaration.
(d) A default under this Declaration shall not (i) entitle Manager, Declarant, or any
Owner to cancel, rescind or otherwise terminate this Declaration, or (ii) defeat or invalidate any
mortgage or trust deed made in good faith for value, subject to the provisions of Section 16.13
below. However, such limitation shall not otherwise affect any rights or remedies which the
Manager, Declarant, or an Owner may have hereunder by reason of any such default.
15.7 No Waiver. The failure of the Manager, Declarant or any Owner to insist upon
strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver
of any rights or remedies which the Manager, Declarant or that Owner may have hereunder, at law
or in equity and shall not be deemed a waiver of any subsequent breach or default in any of such
terms, covenants or conditions. Any waiver by the Manager, Declarant or any Owner of any
default under this Declaration shall not: (i) be effective or binding unless made in writing; (ii) shall
not be inferred from any omission by the Manager, Declarant or Owner to take action in respect
to such default; and (iii) affect any other default or cover any other period of time other than the
default and/or period of time specified in the express written waiver. One or more written waivers
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default under any provision of this Declaration shall not be deemed to be a waiver of any
%UtJa`R;"2°22-0'aa uent default in the performance of the same provision or any other term or provision
contained in this Declaration.
15.8 Default by Manager. The occurrence of any one or more of the following events
shall constitute a material default and breach of this Declaration by Manager (or, if there is then
no Manager, Declarant, or if Declarant has any separate obligations under this Declaration):
(a) failure to make any payment required under this Declaration (including, without
limitation, any payments under service contracts in connection with maintenance performed
pursuant to the provisions of Section 8.1 or insurance premiums pursuant to Section 14.5) within
ten (10) days after receiving notice of its failure to make payment on or before the due date
therefor; or
(b) failure to observe or perform any covenant, condition or obligation (other than
a failure under Section 15.8(a), and the failure is not cured within thirty (30) days after receiving
notice from any Owner specifying the nature of the default. If the default, other than payment of
money, cannot reasonably be cured within thirty (30) days, the cure period shall be extended for a
reasonable period of time if the Manager commences the cure within said thirty (30) day period
and thereafter diligently prosecutes the cure to completion.
15.9 Right to Cure Manager Default.
(a) With respect to any default under Section 15.8, any Owner (a "Curing Owner")
shall have the right, but not the obligation, to cure such default by the payment of money or the
performance of some other action for the account of and at the expense of Manager (which shall
not be reimbursable to Manager as otherwise provided under this Declaration). However, if an
event that would become a default under Section 15.8(b)with the passage of time would become
an emergency condition, any Owner, acting in good faith, shall have the right to cure such event
within the time period set forth in Section 15.8(b) Notwithstanding the foregoing, a Curing Owner
shall not have the right to cure a default by Manager that requires entry upon a Lot other than the
Curing Owner's Lot without such other Owner's written consent, unless the default relates to, and
the entry is within, the Protected Access or an area immediately surrounding such Protected Access
that is required to cure such default.
(b) If a Curing Owner cures a default of Manager, Manager shall reimburse the
Curing Owner for all costs and expenses incurred in connection therewith, plus interest as provided
in Section 15.3, within ten (10) days after receipt of demand therefor together with reasonable
documentation supporting the expenditures made.
ARTICLE 16 MISCELLANEOUS
16.1 Notices.
(a) The address for the Declarant shall be the address of the Declarant's registered
agent on file with the Idaho Secretary of State.
(b) All notices, demands, statements and requests (collectively, "notices") required
or permitted to be given under this Declaration must be in writing and shall be delivered to the
Owner's mailing address on record with the county assessor. If a Lot is owned by more than one
Owner, notices shall be deemed delivered to all Owners of such Lot when a notice is delivered to
the owner's mailing address on file with the county assessor and any notice to Manager may be
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 30
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to and deemed proper when delivered to Declarant, by one of the following methods of
(i) FedEx, UPS or other nationally recognized overnight courier which
shall be deemed to be given on the first business day after it is deposited
with the courier service; or
(ii) United States registered or certified mail, postage prepaid and return
receipt requested, which shall be deemed to have been given three (3)
business days after the notice is deposited with the United States Postal
Service.
(c) each Owner and Declarant shall have the right at any time to change its address
for notice purposes to any other address within the United States of America upon at least ten (10)
days prior written notice to the other Owners and Declarant in accordance with the provisions of
this Section 16.1. Refusal to accept delivery of a notice or the inability to deliver a notice because
an address was not properly updated with the county assessor shall not defeat or delay a notice
hereunder.
16.2 Estoppel Certificate.
(a) Declarant and each Owner shall, upon written request of the Declarant or any
other Owner (not more frequent than three (3) times during a calendar year), issue to the requesting
party, or its prospective mortgagee or successor, an estoppel certificate stating to the best of the
issuer's knowledge, without independent investigation, that as of such date:
(i) whether it knows of any default under this Declaration by the requesting
Owner (and, if issued by the Declarant whether Declarant knows of any
default by any other Owner), and if there are known defaults, specifying
the nature thereof;
(ii) whether there are any unrecorded amendments or modifications to this
Declaration and if so, stating the nature thereof; and
(iii) whether this Declaration is in fall force and effect.
(b) An estoppel certificate issued pursuant to this Section 16.2 shall bar the issuer
of such certificate from asserting any claim that is based upon facts contrary to those asserted in
the estoppel certificate, to the extent the claim is asserted against a bona fide encumbrancer or
purchaser for value who has acted in reasonable reliance upon the estoppel certificate without
knowledge of facts contrary to those contained therein.
(c) Notwithstanding anything to the contrary in this Declaration, the issuer of an
estoppel certificate shall not be subject to damages arising out of the negligent or inadvertent
failure of such issuer to disclose correct and/or relevant information in the estoppel certificate.
16.3 Further Division of Lots. The Lots may be further subdivided and platted as may
be approved by the applicable governing bodies and in accordance with the Project Design
Guidelines to the extent such further division and platting does not impose any additional
restrictions or financial or other requirements on any other Lot, including, without limitation, with
respect to parking.
16.4 Modification of Declaration. Subject to the remaining provisions of this Section
16.4, this Declaration may be modified or amended by, and only by, a written instrument signed
by Declarant and shall be effective only when recorded in the real property records of the county
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 31
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the Project is located. Amendments hereto shall not impose any additional or increased
E 'Ut`1BER A 2G22 °1 ion or cost on, or materially restrict, impair or reduce the rights of, an Owner or its Lot
without the written consent of such Owner. Amendment of this Declaration shall not require the
consent of any Owner except for the Declarant and the Owners of the Lots affected by the proposed
amendment in a manner described in the foregoing sentence, and any such consent shall not be
unreasonably withheld, conditioned or delayed and any such Owner shall not demand, or charge,
a fee for such consent, and any amendment made without the written consent of an Owner as
required by this Section shall be null and void and of no force or effect with respect to such Owner.
16.5 Approval.
(a) Whenever the consent or approval ("approval') of the Declarant or another
Owner is required under this Declaration, the following shall apply, subject to the rights of Owners:
(i) If a party giving consent is comprised of multiple third parties,
unanimous approval, of the parties comprising the party giving consent,
must be given (provided, however, that the Owner to whom the approval
is directed shall have the right to rely on any statement of consent unless
such statement expressly provides that it is conditioned upon an
expressly identified third party that must also give its consent);
(ii) if this Declaration allows the Declarant or an Owner to grant or withhold
its approval in its sole discretion, such discretion shall be absolute, and
the approving party shall not be obligated to state a reason for
withholding its approval;
(iii) if this Declaration does not expressly allow Declarant or an Owner to
withhold approval in its sole discretion, the approving party shall not
unreasonably withhold or condition its approval, and disapproval shall
be in writing and the reasons therefor shall be clearly stated;
(iv) if approval is unreasonably withheld the sole remedy of the party
seeking the approval shall be an action for specific performance and the
approving party shall not be liable for damages; and
(v) subject to the terms of Section 16.5(a)(iii) and 16.5(b), exercise of any
approval right shall not subject the approving party to liability for breach
of any covenant of good faith and fair dealing otherwise implied by law
to be part of this Declaration.
(vi) In consideration of any approval, and notwithstanding anything to the
contrary set forth in this Declaration, including Section 16.4 hereof, the
approving party shall be entitled to reimbursement of reasonable and
documented third party costs including reasonable third -party architect,
engineer, and attorney fees and costs, except when the matter being
approved is mutually and equally beneficial to the party giving the
approval.
(b) Unless provision is made for a specific time period, each response to a request
for an approval or consent required to be considered pursuant to this Declaration shall be given by
the Owner to whom directed within thirty (30) days of receipt of written request. If a response is
not given in writing within the required time period, and if such response is still outstanding ten
(10) days following receipt of a second written request, which second request must include, in
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 32
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capitalized letters, that failure to respond within the applicable time period will be deemed
`' E 'U'`1BER A 2G22 °1 oval, then the requested Owner shall be deemed to have given its approval.
16.6 Taxes and Assessments. Each Owner shall timely pay all taxes and assessments
with respect to its Lot, the Building and other improvements located thereon, and any personal
property owned or leased by such Owner within the Project. If the taxes or assessments or any part
thereof may be paid in installments, the Owner responsible therefor may pay each such installment
as and when the same becomes due and payable. Nothing contained in this Section 16.6 shall
prevent any Owner from contesting at its cost and expense any such taxes and assessments with
respect to its Lot in any manner such Owner elects, so long as such contest is maintained with
reasonable diligence and in good faith. At the time such contest is concluded (allowing for appeal
to the highest appellate court), the contesting Owner shall promptly pay all taxes and assessments
determined to be owing, together with all interest, penalties and costs chargeable in connection
with such contest.
16.7 Condemnation. If any portion of the Project is condemned, or conveyed under
threat of condemnation, the award shall be paid to the Owner owning the land or the improvements
taken, and the other Owners hereby waive and release any right to recover any value attributable
to the property interest so taken, except that (a) if the taking includes Improvements belonging to
more than one Owner, such as Utility Lines or signs, the portion of the award allocable thereto
shall be used to relocate, replace or restore such jointly owned Improvements to a useful condition,
and (b) if the taking includes easement rights which are intended to extend beyond the term of this
Declaration, the portion of the award allocable to each such easement right shall be paid to the
respective grantee thereof. In addition to the foregoing, if a separate claim is filed for the taking
of any other property interest existing pursuant to this Declaration which does not reduce or
diminish the amount paid to the Owner owning the land or the improvement taken, then the Owner
of such other property interest shall have the right to seek an award for the taking thereof. Except
to the extent they burden the land taken, easements or licenses set forth in this Declaration shall
not expire or terminate based solely upon such taking.
16.8 Construction and Interpretation.
(a) The terms of this Declaration and all easements granted hereunder shall
constitute covenants running with the land and shall inure to the benefit of and be binding the
Owners and their respective successors and assigns.
(b) Whenever required by the context of this Declaration, (i) the singular shall
include the plural, and vice versa, and the masculine shall include the feminine and neuter genders,
and vice versa; and (ii) use of the words "including", "such as", or words of similar import, when
following any general term, statement or matter shall not be construed to limit such statement,
term or matter to specific items, whether or not language of non -limitation, such as "without
limitation", or "but not limited to", are used with reference thereto, but rather shall be deemed to
refer to all other items or matters that could reasonably fall within the broadest scope of such
statement, terms or matter.
(c) The captions preceding the text of each article and section of this Declaration
are included only for convenience of reference and shall be disregarded in the construction and
interpretation of this Declaration. Capitalized terms are also selected only for convenience of
reference and do not necessarily have any connection to the meaning that might otherwise be
attached to such term in a context outside of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 33
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(d) Invalidation of any of the provisions contained in this Declaration, or
'U'`1BER A2G22°1ation of the application thereof to any Owner by judgment or court order, shall in no way
allect any of the other provisions hereof or the application thereof to any other Owner and the
same shall remain in full force and effect.
(e) Only the Declarant, the Manager (to the extent the Manager is performing duties
delegated to it by the Declarant under this Declaration) and Owners shall have the right to enforce
any of the provisions of this Declaration.
16.9 No Partnership. None of the terms or provisions of this Declaration shall be
deemed to create a partnership between or among the Owners in their respective businesses or
otherwise, nor shall it cause them to be considered joint venturers or members of any joint
enterprise. Each Owner shall be considered a separate Owner, and Owners shall not have the right
to act as an agent for another Owner, unless expressly authorized to do so herein or by separate
written instrument signed by the Owner to be charged.
16.10 Excusable Delays. Whenever performance is required of any Owner hereunder,
such Owner shall use all due diligence to perform and take all necessary measures in good faith to
perform. If completion of performance is delayed at any time by acts of God, war, civil
commotion, riots, strikes, picketing or other labor disputes, unavailability of labor or materials,
damage to work in progress by reason of fire or other casualty, governmental orders or
proclamations with the force of law resulting from a pandemic or otherwise requiring closure of
any store or other Improvements, or any cause beyond the reasonable control of such Owner
(excluding financial reasons), then the time for performance as herein specified shall be
appropriately extended by the time of the delay actually so caused. The provisions of this
Section 16.10 shall not operate to excuse any Owner from the prompt payment of any monies
required by this Declaration.
16.11 Limitation of Liability. Except as specifically provided below, each Owner shall
be liable for obligations under this Declaration relative to their property owned that accrue during
the period of their ownership. There shall be absolutely no corporate or personal liability of
persons, firms, corporations or entities who merely hold an ownership interest in an Owner,
including, but not limited to, officers, directors, shareholders, members, partners, employees or
agents of an Owner hereto, with respect to any of the terms, covenants, conditions and provisions
of this Declaration. Any non -Defaulting Owner who seeks recovery from a Defaulting Owner
shall look solely to the interest of such Defaulting Owner, its successors and assigns, in its property
owned within the Project for the satisfaction of each and every remedy of the non -Defaulting
Owner. The foregoing shall not in any way impair, limit or prejudice the right of any Owner to:
(a) pursue equitable relief in connection with any term, covenants or condition of
this Declaration, including a proceeding for temporary restraining order, preliminary injunction,
permanent injunction or specific perfonnance;
(b) recover from another Owner all damages and costs on account of, or in
connection with, casualty insurance or condemnation proceeds which are not applied or used in
accordance with the terms of this Declaration;
(c) recover from another Owner (or its guarantor) all Liabilities incurred or costs
imposed arising out of or in connection with, or on account of, such Owner's (or its guarantor's)
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 34
APPROVED
)A:P 09/27/22
of its obligation to carry liability insurance, or fund its self insurance obligation pursuant
SCE %UtJBER'A-2G22-01
ion 14.4(a)(iv);
(d) recover from any Owner all damages and costs arising out of or in connection
with, or on account of, a breach by such Owner of its obligations regarding Hazardous Material
under Section 11.3;
(e) recover from any Owner all damages and costs arising out of or in connection
with, or on account of, the failure by such Owner to pay when due any tax, assessment or lien as
specified under Section 16.6; and
(f) recover from any Owner all damages and costs as a result of any fraud or
misrepresentation by such Owner in connection with any term, covenant or condition in this
Declaration.
Without limiting the foregoing, whenever the rights and obligations conferred upon any of the
Owners are vested in another Owner or Owners pursuant to the provisions of this Declaration, the
transferor shall be released or discharged from the obligations thereafter accruing under the terms
of this Declaration, and the transferee(s) of such interest shall be bound by the covenants and
restrictions herein contained, subject to the terms herein.
16.12 Time is of the Essence. Time is of the essence with respect to the performance of
each of the covenants and agreements contained in this Declaration.
16.13 Breach Effect on Mortgagee and Right to Cure. Subject to the notice and cure
provisions provided hereinbelow, any mortgage or trust deed affecting any portion of the Project
and Improvements thereon shall at all times be subject and subordinate to the terms of this
Declaration; and any mortgagee that acquires title to any Lot, or any part thereof, or any interest
therein, by foreclosure or conveyance in lieu thereof or otherwise, shall acquire title to such Lot
subject to all of the terms of this Declaration. Breach of any of the covenants or restrictions
contained in this Declaration shall not defeat or render invalid the lien of any mortgage or trust
deed made in good faith, but all of the foregoing provisions, restrictions, and covenants shall be
binding and effective against any Owner of any portion of the Project, or any interest therein, who
acquires title by foreclosure or by deed in lieu of foreclosure or otherwise. Notwithstanding any
other provision in this Declaration related to notices of default, the mortgagee of record of any
Owner in default hereunder shall be entitled to notice of said default at the address set forth in the
recorded mortgage instrument, in the same manner and at the same time that other notices are
required to be given under this Declaration, and the same right to cure as the Owner has under this
Declaration. Giving of any notice of default or the failure to deliver a copy of such notice to any
mortgagee shall not create any liability on the part of the Owner so declaring a default.
16.14 Right to Dispute Laws. An Owner and any Occupant may refrain from complying
with or causing compliance with any Laws including those of the local municipal or county
governing body or other local authorities having jurisdiction over the Project so long as the validity
or application of such Laws shall be contested in good faith by appropriate proceedings subject to
the following (a) the Owner or such Occupant, as applicable, shall defend and hold harmless the
other Owners from penalties or other expenditures arising from or as a result of such non-
compliance, (b) the other Owners shall not be at risk of incurring any civil or any criminal penalty
or liability by reason of such contest, and (c) no part of the Project shall be at risk of being sold,
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 35
APPROVED
DA EI 09/27/22
or lost by reason of such proceedings or would be subject to the imposition of any lien as
)f a failure to comply with any such Laws.
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 36
APPROVED
DAT 09/27/22 NESS WHEREOF, the Declarant has executed this Declaration to be effective as of the
� j %Ut J aL R:A-2G22-0,aa 'tten above.
BVB TEN MILE CROSSING ANNEX LLC,
an Idaho limited liability company
By: BV Management Services, Inc., Manager
By:
Eric M. Isom, Chief Operations Officer
STATE OF IDAHO )
) ss.
COUNTY OF ADA )
On this [ day of , 2022, before me, a Notary Public in and for said State, personally
appeared Eric M. Isom, known or identified to me to be the Chief Operations Officer of BV
Management Services, Inc., which corporation is the Manager of BVB Ten Mile Crossing Annex
LLC, and the Manager who subscribed said limited liability company name to the foregoing
instrument, and acknowledged to me that such corporation as the Manager executed the same in
said limited liability company name..
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
[ N d 0. - "'
JEDD IC JONIES
COMMISSION NO. 20161559
NOTARY PUBLIC
STATE. OF IDAHO
MY CommiSSION EXPIRES W 4
Ng&y Publi
y Commission Expires
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 37
APPROVED
DA EI 09/27/22
SCE
STATE OF IDAHO )
) ss.
COUNTY OF ADA )
DWT INVESTMENTS LLC,
an Idaho limited liability company
By: Brighton Corporation, an
Idaho corporation, Manager
By: — 0/
Robert Phillips, President
"At-
On this L day of J UA&L , 2022, before me, a Notary Public in and for said State, personally
appeared Robert Phillips, known or identified to me to be the President of Brighton Corporation,
which corporation is the Manager of DWT Investments LLC, and the Manager who subscribed
said limited liability company name to the foregoing instrument, and acknowledged to me that
such corporation as the Manager executed the same in said limited liability company name
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written. 4v"
AMANDAMC CURRY Notary Public S ��
COMMISSION #29628 My Commission Expires
NOTARY PUBUC
STATE OF IDAHO
MY COMMISSION EXPIRES 04f1
jW2=
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 38
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APPROVED
DA EI 09/27/22
�IJ % , B;R:-
STATE OF IDAHO )
) ss.
COUNTY OF ADA )
SCS INVESTMENTS, LLC,
an Idaho limited liability company
By: A14
Michael A. Hall, President
On this I day of Lk vie, , 2022, before me, a Notary Public in and for said State, personally
appeared Michael A. Hall, known or identified to me to be the President of SCS Investments, LLC,
who subscribed said limited liability company's name to the foregoing instrument, and
acknowledged to me that he executed the foregoing instrument on behalf of said limited liability
company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
[ MCCURRY Notary Public
COMMISSION #MM NOTARY PUBLIC
My Commission Expires
STATE CP IDAHO
MY COMMISSION EXPIRES 04i160M
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 39
APPROVED
DA EI 09/27/22
�IJ "'UMB;R:-
Exhibit A
Legal description of the property comprising the Project
TM Center Legal Description
A parcel of land situated in the West 1/2 of the Northwest 1/4 of Section 14, Township 3 North, Range 1
West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as
follows:
Commencing at a brass cap marking the Northwest Corner of said Section 14, which bears N00°33'33"E
a distance of 2,658.39 feet from an aluminum cap marking the West 1/4 corner of said Section 14,
thence following the westerly line of said Northwest 1/4, S00°33'33"W a distance of 2,219.01 feet,
thence leaving said westerly line of the Northwest 1/4, S89°26'27E a distance of 25.00 feet to the
easterly right-of-way line of South Ten Mile Road and being POINT OF BEGINNING.
Thence following said easterly right-of-way line the following three (3) courses:
1. N00°33'33"E a distance of 868.41 feet;
2. S86°44'02'E a distance of 13.12 feet;
3. NO3°39'37"E a distance of 36.38 feet to the southerly boundary of TM Creek Subdivision No. 1;
Thence leaving said easterly right-of-way line and following said southerly boundary the following three
(3) courses:
1. N66°50'21E a distance of 186.29 feet;
2. 92.42 feet along the arc of a curve to the right, said curve having a radius of 199.99 feet, a delta
angle of 26°28'40", a chord bearing of N80°05'03"E and a chord distance of 91.60 feet;
3. S86040'15"E a distance of 73.07 feet to the southerly right-of-way line of West Cobalt Drive;
Thence leaving said southerly boundary and following said southerly right -of way line the following
fifteen (15) courses:
1. S86'40'15"E a distance of 73.26 feet;
2. S75'05'28"E a distance of 334.91 feet;
3. S44'44'03"E a distance of 25.72 feet;
4. 575'05'28"E a distance of 47.69 feet;
5. N74°33'07"E a distance of 25.72 feet;
6. S75'05'28"E a distance of 75.87 feet;
7. 115.84 feet along the arc of a curve to the left, said curve having a radius of 382.50 feet, a delta
angle of 17°21'06", a chord bearing of S83°46'01"E and a chord distance of 115.39 feet;
8. N87'33'27"E a distance of 14.80 feet;
9. S74'35'34"E a distance of 16.11 feet;
10. N84'31'48"E a distance of 35.05 feet;
11. S83'2648"E a distance of 11.22 feet;
12. 29.82 feet along the arc of a curve to the right, said curve having a radius of 66.00 feet, a delta
angle of 25'5323", a chord bearing of S70°30'07"E and a chord distance of 29.57 feet;
13. 15.18 feet along the arc of a curve to the right, said curve having a radius of 23.00 feet, a delta
angle of 37'48'17", a chord bearing of S38°39'16"E and a chord distance of 14.90 feet;
14. 78.36 feet along the arc of a curve to the right, said curve having a radius of 551.00 feet, a delta
angle of 08'08'55", a chord bearing of S15°40'40"E and a chord distance of 78.30 feet;
15, N88°37'28"E a distance of 1.50 feet to the westerly right-of-way line of South Wayfinder Avenue;
Thence leaving said southerly right-of-way line and following said westerly right-of-way line the
following sixteen (16) courses:
1. S02°28'07"E a distance of 40.83 feet;
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 40
APPROVED
DA EI 09/27/22
� J %UtIB;R'A-2azz-0�ee
3.47 feet along the arc of a curve to the left, said curve having a radius of 964.50 feet, a delta
angle of 00'12'23", a chord bearing of S07°14'04"E and a chord distance of 3,47 feet;
S18`09'32"E a distance of 10.19 feet;
4. 45.88 feet along the arc of a curve to the right, said curve having a radius of 966.50 feet, a delta
angle of 02°43'12", a chord bearing of S05"10'43"E and a chord distance of 45.88 feet;
5. 82,52 feet along the arc of a curve to the right, said curve having a radius of 1,079,50 feet, a
delta angle of 04'22'48", a chord bearing of 501'37'43"E and a chord distance of 82.50 feet;
6. S00°33'41"W a distance of 231.27 feet;
7. 213.38 feet along the arc of a curve to the right, said curve having a radius of 163.00 feet, a
delta angle of 75°00'23", a chord bearing of S38°03'53"W and a chord distance of 198.47 feet;
S. S75°34'04"W a distance of 78.94 feet;
9. 52.45 feet along the arc of a curve to the left, said curve having a radius of 337.00 feet, a delta
angle of 08°55'04", a chord bearing of S71"06'32"W and a chord distance of 52.40 feet;
10. S67°52'34"W a distance of 38.59 feet;
11. 89.95 feet along the arc of a curve to the left, said curve having a radius of 213.50 feet, a delta
angle of 24'08'22", a chord bearing of S55°48'23"W and a chord distance of 89.29 feet;
12. 169.27 feet along the arc of a curve to the left, said curve having a radius of 607.53 feet, a delta
angle of 15'57'50", a chord bearing of S35°45'18"W and a chord distance of 168.72 feet;
13. S38'32'12"W a distance of 10,01 feet;
14. 32.39 feet along the arc of a curve to the left, said curve having a radius of 245,50 feet, a delta
angle of 07'33'35", a chord bearing of S22°09'39"W and a chord distance of 32.37 feet;
15. 2.27 feet along the arc of a curve to the left, said curve having a radius of 34.50 feet, a delta
angle of 03°46'35", a chord bearing of S20°16'09"W and a chord distance of 2.27 feet;
16. S22'09'27"W a distance of 3,72 feet to a point on the northerly right-of-way line of South
Vanguard Way, said point hereinafter referred to as Point "A";
Thence leaving said westerly right-of-way line and following said northerly right-of-way line the
following seven (7) courses:
1. N72°54'28"W a distance of 1.51 feet;
2. 27.45 feet along the arc of a curve to the right, said curve having a radius of 33.00 feet, a delta
angle of 47°40'06", a chord bearing of S51°57'28"W and a chord distance of 26.67 feet;
3. 19.91 feet along the arc of a curve to the right, said curve having a radius of 147.00 feet, a delta
angle of 07°45'30", a chord bearing of S79'40'21"W and a chord distance of 19.89 feet;
4. S83'33'08"W a distance of 52.56 feet;
5. 81.92 feet along the arc of a curve to the right, said curve having a radius of 140.00 feet, a delta
angle of 33°31'40", a chord bearing of N79'41'01"W and a chord distance of 80.76 feet;
6. 462.63 feet along the arc of a curve to the left, said curve having a radius of 1,057.03 feet, a
delta angle of 25'04'37", a chord bearing of N7502728"W and a chord distance of 458.95 feet;
7. N87'59'47"W a distance of 82.80 feet to POINT OF BEGINNING.
Said parcel contains a total of 24.298 acres, more or less, and is subject to all existing easements and/or
rights -of -way of record or implied.
MM
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 41
APPROVED
DAT 09/27/22
C; %Ut J B;R' A-2G22-01 ee
r East Legal Description
RTFRC of land situated in the South 1/2 of the Northwest 1/4 of Section 14, Township 3 North, Range 1
West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as
follows:
Commencing at a brass cap marking the Northwest Corner of said Section 14, which bears N00°33'33"E
a distance of 2,658.39 feet from an aluminum cap marking the West 1/4 corner of said Section 14,
thence following the westerly line of said Northwest 1/4, S00°33'33"W a distance of 2,658.39 feet to the
West 1/4 corner of said Section 14, thence leaving said westerly line of the Northwest 1/4 and following
the southerly line of the Northwest 1/4, S89°11'30E a distance of 931.27 feet to the easterly right-of-
way line of South Vanguard Way and being POINT OF BEGINNING.
Thence following said easterly right-of-way line the following twenty-one (21) courses:
1. 38.54 feet along the arc of a curve to the left, said curve having a radius of 425.50 feet, a delta
angle of 05°11'21", a chord bearing of N34°50'37"W and a chord distance of 38.52 feet;
2. 86.55 feet along the arc of a curve to the left, said curve having a radius of 1050.50 feet, a delta
angle of 04°43'15", a chord bearing of N39°47'56"W and a chord distance of 86.53 feet;
3. 49.29 feet along the arc of a curve to the left, said curve having a radius of 221.50 feet, a delta
angle of 12°45'01", a chord bearing of N51°57'20"W and a chord distance of 49.19 feet;
4. 3.13 feet along the arc of a curve to the right, said curve having a radius of 30.00 feet, a delta
angle of 05'58'50", a chord bearing of N55°20'15"W and a chord distance of 3.13 feet;
5. N45°52'27"W a distance of 8.37 feet;
6. 24.60 feet along the arc of a curve to the right, said curve having a radius of 28.00 feet, a delta
angle of 50°20'48", a chord bearing of N20°41'51"W and a chord distance of 23.82 feet;
7. N04°28'44"E a distance of 99.03 feet;
8. Thence 62.13 feet along the arc of a curve to the right, said curve having a radius of 310.43 feet,
a delta angle of 11°28'05", a chord bearing of N13°43'15"E and a chord distance of 62.03 feet;
9. N72°54'28"W a distance of 1.36 feet
10. 10.76 feet along the arc of a curve to the right, said curve having a radius of 311.50 feet, a delta
angle of 01'58'44", a chord bearing of N20°10'26"E and a chord distance of 10.76 feet;
11. N27048'21"E a distance of 10.03 feet;
12. 40.50 feet along the arc of a curve to the right, said curve having a radius of 310.50 feet, a delta
angle of 07'2823", a chord bearing of N26°44'16"E and a chord distance of 40.47 feet;
13. 112.44 feet along the arc of a curve to the right, said curve having a radius of 491.62 feet, a
delta angle of 13°06'17", a chord bearing of N37°01'36"E and a chord distance of 112.20 feet;
14. 145.16 feet along the arc of a curve to the right, said curve having a radius of 260.00 feet, a
delta angle of 31°59'20", a chord bearing of N59°34'24"E and a chord distance of 143.28 feet;
15. N75°34'04"E a distance of 69.32 feet;
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 42
20. N13°08'40"W a distance of 10.08 feet;
21. N08'15'25"W a distance of 31.76 feet to the southerly right-of-way line of West Cobalt Drive;
Thence leaving said easterly right-of-way line and following said southerly right-of-way line the following
four (4) courses:
1. N88'37'28"E a distance of 1.62 feet to the southerly right-of-way line of West Cobalt Drive;
2. N08007'55"E a distance of9.21 feet;
3. 57.46 feet along the arc of a curve to the right, said curve having a radius of 56.00 feet, a delta
angle of 58'47'13", a chord bearing of N37°31'31"E and a chord distance of 54.97 feet;
4. 73.36 feet along the arc of a curve to the right, said curve having a radius of 481.00 feet, a delta
angle of 08'44'20", a chord bearing of N71'17'18"E and a chord distance of 73.29 feet;
Thence leaving said southerly right-of-way line, N85°13'53"E a distance of 39.16 feet;
Thence 7.41 feet along the arc of a curve to the left, said curve having a radius of 663.00 feet, a delta
angle of 00'38'24", a chord bearing of N81'05'45" E and a chord distance of 7.41 feet;
Thence N70'30'11"E a distance of 24.18 feet;
Thence 49.64 feet along the arc of a curve to the right, said curve having a radius of 668.00 feet, a delta
angle of 04'15'27", a chord bearing of N85'34'54"E and a chord distance of49.63 feet;
Thence 38.62 feet along the arc of a curve to the right, said curve having a radius of 288.00 feet, a delta
angle of 07641'01", a chord bearing of S88'2652"E and a chord distance of 38.59 feet;
Thence S84°36'21"E a distance of 34.35 feet;
Thence 52.60 feet along the arc of a curve to the left, said curve having a radius of 659.00 feet, a delta
angle of 04'34'25", a chord bearing of S86°53'34"E and a chord distance of 52.59 feet;
Thence 589°10'47"E a distance of 724.78 feet;
Thence 305.16 feet along the arc of a curve to the right, said curve having a radius of 964.50 feet, a delta
angle of 18°07'40", a chord bearing of S80'06'57"E and a chord distance of 303.89 feet;
Thence S33°13'21"E a distance of 22.08 feet;
Thence 489.60 feet along the arc of a curve to the left, said curve having a radius of 1000.00 feet, a delta
angle of 28'03'08", a chord bearing of S14°20'32"W and a chord distance of 484.73 feet;
Thence S00°18'58"W a distance of 755.59 feet to the southerly line of the Northwest 1/4 of said Section
14;
Thence following said southerly line, N89°11'30"W a distance of 1,602.64 feet to said easterly right-of-
way line of said South Vanguard Way and being the POINT OF BEGINNING.
Said description contains a total of 43.184 acres, more or less, and is subject to all existing easements
and/or rights -of -way of record or implied.
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 43
�E IDL�N -
11
APPROVED
DAT 09/27/22
I j %UtJ B; R: A 2G22-01
Exhibit B - Site Plan
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DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 44
.uvUMu°�—�---|
Exhibit C
Legal description and depiction of the ScheelLot
(Lot 4 depicted on the Site Plan in Exhibit B above)
A parcel ofland situated inaportion ufSouth 1/2ofthe Northwest 2/4ofSection 14,Township 3North,
Range 1West, Boise Meridian, City nfMeridian, Ada County, Idaho, and being more particularly
described aufollows:
Commencing at the Center of said Section 14, which bears SOO'3531"W a distance of 2,656-80 feet from
the North 114 corner of said Section 14, thence following the southerly line of said Northwest 1/4,
NO9"11'3o"VVadistance qf42I.GSfeet tothe POINT DFBEGINNING.
Thence following said southerly line, N89'11'30"W adistance of 962.50 feet;
Thence leaving said southerly line, NOO°4fy3o"Eodistance of75G,00feet;
Thence S88^11'30"Eadistance nfS5O.00feet;
Thence S7[r4Z'09'"Eadistance of167.13feet;
Thence 589^11']O"Eadistance nf254UOfeet;
Thence SO0"4u'30"VVadistance of7U3.O0feet to the POINT OFBEGINNING.
Said parcel contains atotal of 16.299acres, more urless.
�
�
DECLARATION 0FCOVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS -45
APPROVED
DAT 09/27/22
� j %UtJ B; R: A 2G22-01 .
Easement 1:
Exhibit D
Legal description and depiction of certain cross access easement areas
A parcel of latid beltrg a portion of the South 1/2 of the Northwest 114 of Section 14, Township 3riorth,
Haiigu 1 We5l, B.M., City of Meridian, Ada CDunty, Idaho being, more particularly demllbed as follows:
Commencing at an alurninurn, cap marking the Center 114 corner of said Stctibn 14, which bears
589"l 11WE a distance of 2656.47 feet from a alurn4iurn tap marking the West 114 carver of sa,d
Section 14, thence following the easterly fin� of the Sotjthoa.sl 1/4 of the Northwest 1/4 said Sf,-,r,,Ikln 14,
N00*15'31"E a distance of 684.70 feet;
Thence leaving said Pastefly kne, NW24'29V a distance of 51..95 feet to the POINT OF BEGINNING,
Thence N89'1 1'3(1'W a distance of 586.73 feet;
Thence 76.32 feet along the arc of a circularcurve to the right, said curve having a radius of 23&-w feet,
a delta angle of 18'29'21", a chord bearing of N79*56'49'W and a chord distance of 75.99 feet,
Thence N7CX'42'09'W a distance of 96.16 feet;
Thence 64.39 feet along the are of a t[Tcufarcurve to the left, said curve having a radius of 199,50feet, a
delta angle of 18'29'21", a chord bearing, of 1979'56'49"W and a chord distance of 64,10 feet;
Thence N89'11'3U"W a distance of 44-02 feet,
Thence 582"51'54'W a distance of, 86,83 feet,
Thence N89"'11'VYW a distance of 75.00 feet,
Thence 18,65 feet along the arc of a circularcurve to the right, said curve hjvlrig a radius of 50.50 feet, a
delta angle of 21'0941", a chord bearing of N78'M'39"W and a chord distance of 18.55 feet;
Thence N69'01'49"W a distance of 14-56 feet;
Thence 18.28 feet along the arc of a circularcurve to the loft, said curve having a radius of 49' 50 feet, a
delta angle of 21'09'41", a chord hearing of W91639"W and a chord distance of 18,18 feet;
Thence Nali'l1'30"W a distance of 27.25 feft;
Thence 115.71 feet along the are of a circular curve to the right, said curve having a radius of 162-50
feet, a delta angle of 3920'45', a chord bearing of N69'3V07"W and a chord distance of 11145 fcvt;
Thence 90,30 feet along the arc of a circular curve to the 1p.ft, said rurve having a radius of131,50 feet, a
delta angle of 39'2(Y45"r a chord beaflrRg of N69"31'07'W and a chord rlistaflce of -98.54 feet;
Thence N89'11'3WW a distance of 30,46 feet,
Thence 17,20 feet along the arc of a circular curve to the left, 5w1d curve having a radius of 19.50 feet, a
delta angle of 50'32'48", a chord bearing of 565'32'07"W and a chord distance of 16.65 feet to the
easterly Righ
t -of -Way line of S. Wayfinder Am;
Thence following s@ld easterly Flight -ref -Way line, NQO'3.)'41"E a distance of 44.11 feet;
Thence leaving said easterly Right -of -Way line, 51t9'11'30"F a distaRre of 45.71 feet;
Thence 115.71 feet along the arc, of a circular curve to the right, said cunre having a radius of 168,50
feet, a delta angle of 39'20'45", a chord beating of S69'31'07"L and a chord distance of 11145 feet;
Thence 90,30 feet along the arc of a circular curve to the left., said curve having a radius of 1316(1 Feet., i4
delta angle of 49'2(Y45", a chord bearimp, of 569'31'07'E and a chord distance of 98.54 feet;
Thence S89'11`3O"E a distance of 276.95 feet;
Thence 76,32 feet along the arc, of a circular curve to the riot, said curve having a radius of 236.50 feet,,
a delta angle of 18'29'21", a, chord bearing of S79'56'49"E and a chord distance of 75,99 feet;
I Kence S70'42'09"L a distance of 96.1(i feet;
Thence 6139 feet along the arc-, of a ch-rularciove to the left, said curve havirrE a radius of 1()9.50 feet, a
delta angle of W2!5'21", a chord bearing of 579'56'49"F and a chord distance or FAJO feet;
Thence 589"11'30"E a distance o, 586,42 feet,
Thence 500"19'58"Wa distance of 37,00 feet to the POINT OF BEGINNING,
Said parcel contains a total of 51,772 square feet 11,189 acres), more or iess.
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 46
E IDIAN -
APPROVED
DAT 09/27/22
� j %UtJ B; R: A 2G22 iiI .
it 4 1 111W VIM If" I i"10.1; If i.,..lfaf)iL,7,1-,OIHILL,",i�.Jpir,!,Y,, -
S. WayHnder Ave,
F
o
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Ira
U
L46 Kv D
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li
F", IQ
l.
D1
Lh I U,
M13
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xt M
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p. K 0m rya rFll -71
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2
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WGW3y'311 084.70' 10 IV
hZES1606mand Ln z'
Z
M Exhibit IS TM Center East Subdivision No. I
fey8 GR M 71,
t Shared Access Easement
A Portion of the South 1/2 of the NW 1/4 Section 1.4,
Y11 T.3N., R,1W., P.M., City of Meridian, Ada County, Idaho
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 47
E IDMN -
ll
APPROVED
DAT 09/27/22
� j %Utj B; R: A 2G22-0l .
CURVC TABLE
ri I —I CURVE RA XfT 0 Z LTA 010-RDBRG COORD
NhLC 1
76.32'
18'29'21"
1179-5563-49-W
75,99'
-02
1119,506413W
1h-221"
QW56"O"W
C 4.10'
C3
50-50' 18, G V
21'ri9'41"
N75,'5639"W
13,55,"
C4
49-w 18,28'
21 09'41"
P478'36'39"W
18.18'
C Fj
16&50' 11t'01'
39'20'45"
N69'31'07"W
N69'31'Cl7`W
113.45'
R5.54'
F3,
5
131 .50' %a.--30'
39'20'45"
C7
17. 2 0'
W'32'4B"
S65'32'07`4
I G, C 5"
19'20'45"
',�"-WGWE
I I 4555'
RC,
C8
168,50' 115,71
C9
131.50' 90-30'
59'20'415"
S69'31'07'E
fl&54'
CIO
235.50' 76,32'
18'29'2t'
879'5642WE
7&99'
I tj'29'21 "
$79'56'494"E
64. 10'
199 50' 64,
E N G I N E E R I N G
5721HDplTllM'C[rV["V0.Y
120h16A-0A`-
uar=u, rare X22
SHEET:
7 OF 2
Ll rl E TABLE
UWL 9EARING
015TAN(F
Ll Na9'24'29'W
1,2 l470'42'C--B'W
5 1, FJ 5
95-16
1.3 N891 1'30",9
L4 582"51'94'W
L5 N89'1 1'30'W
44.02
86,83
75.130
L6 No'e01'4f9"W
K$5
L7 t-jaq, i VW%y
22,25
U6 N871 1'30"jN
30,46
L9 N&Y3 3'41 "E
00 589'11'Nl
45.71
Lll 570'42'09*E
9G.16
L12 SW I 8'5B'W
V,(X)
Exhibit B TM Center East Subdivision No. 1
Shared Access Easement
A Portion of the SE 1/4 of the NW 1/4 Section 14,
T.3N,, R.M., B.M,, City of Meridian, Ada County, Idaho
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 48
APPROVED
DA EI 09/27/22
ICE `IUMB;R:—
omm
Tide:I'M Cxacr East Subdi v isim No, I Shar0 A .c e-is
scale: I inch - 2017 feet File: 220318 IIAi Central East No. I Sh;.jm!d AI ces Casement ;\.!firth 22-006
INoI; I, IN 51?7?S-qFccl,C'OFUrc-s94,t7728w
Q ,12Rcl-Prtdsirr
I+1q+00'0 t'oom,:r ?7r ferl
GUI-�n 9 i=$Qs4 S "iJ. a
1 z It, v, 0 Ivy fill
p! -,b. n .. 1H la
I•, I rr I I R IVU-•?.^p,�
P i t sib win la r_I
.�11. fi ?,TM
0717"''W)l l i:e 276,` 3
I)0h' ❑�0 ��114t4 rl�p 16
.T=�53
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I By6 il D-Y�=1+.�"^3FI
to r s ienw IF. Im."+".I
rM,h lhnY=r.t,n
pn 11h!'R.'1:
71 LLR-I iS4mm ?7'0
am zr. !)IU.v.i v-FF..-1
022-°-s1�i,a7tlS's��}Cx,1F,1
Ur,x
005-n$9.1? 0t=r4 ,02
044-=r18�),II30s'v3 ,46
I'r �1=11Wi.``t;���,I
0066 .s&2.5... 1 S 4',s` 903
itr [it R I7a 4 1— S i
[ID j=s3 .113f,t 58r,
fiu7=n3 .1130%v 75.03
t}II,r14.1 J
0 5=5&D.1858w mTOD
'C EU a rxr, zl_IftI1
h"u X +1z;�„1111 1935
01 7 49.113Ce 4531
9—W..F$.
001168,49v., 14
11x P ice. a 42ia4
i �+ ivp til Ii s.Ia
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 49
E IDIAN —
APPROVED
DAT— 09/27/22 lent 2:
j %UtJ BE R A 2G22-01 . a
gjarcel of land LFing a portion of the Sowhwet 114 of the Northwest 1/4 of Section 14, Town5hip 3
r4ni-th, Range I West, B,K, City of Meridian, Ada County, Idaho Ixir,,P, more pafticularly described as
follows -
Commencing at an alurninurn cap rnarking the We 1/4 comer of said Section lei, which bears
N89'11'3WW a distance of 2650.47 feet from a alurnirturn cap marking the Center 1/4 corner of mid
SeLtioo 14, thence following the southerly line of the Southwest 1/4 of the North rest 114 of said
,"rtiori'14, S89'JI'31Y'E a distance of 1,253,32 feet,
Thence leaving said sairthedy line, NOO'48'30"E a distance of 46,50 feet to the POINT OF BEGINNING.
Thertce ND0'48'a0"E a distance of 200.50 fiet;
Thence 46.34 feet along the arc or a circular curvy: to the left, said Lurvo having a radius of 29.50 feet, a
delta antie of 90'00'00", a chord hearing of N446 11'30'W and a chord distance., of At. 2 feet;
Thence H89'11'30"W a distance of 107.07 feet.;
Thence 94,68 feet along the arc at a circular cur re to the right, said curve having a radius of 9�-50 feet, a
delta angle of 56-13'02", a chord hearing of N61"04'59'W and a chord distance of 90,93 feet,
Thence N32'58'28W a distance of 164.69 feet;
Thence 36.58 feet along the arc of a circular curve to the left, said curve having a radius of 29,50 feet, a
delta art8le of 71'03'17-", a chord bearing of N68'3907"W and a chord distartce of -214.28 feet to rare
southerly (tight -of -Way line of S, Wayfinderke,;
Therice following said southt2fly Right -of -Way line, tG28 feet along the arc of a circular curve to the
right, said curve having a radius of 260.00 feet, a clvftta angle of 1416'24", a chord bearing of
N-52"47'75"F and a chord distance of 66,10 feet;
Then -re, leaving said southerly Right -of -Way line, S32'59'28"E a distance of 197,47 feet;
Thence A9.55 feet aPbRg the arc of a circular cuNe to the left, &aidcurve having a radius of 50,50 feet, 0
delta angle of 56*13"O2", a chord bearing of S61'04'59'E and a Lhord, distance OF47.59 feet;
Thenep S99*1 1'30"E a distance of 1(17.07 feint;
Thence 4E.34 feet along the arr of a circular rur-,e W the left, said curve having a radius of 29,50 feet, a
delta angle of 90'00'00", a chord bearing of H45'48'30"E and a chord cliswce of 41.72 feet;
Thence 1100'48'30" E a distance of 207,50 feet;
Thence 9'11'30"E a distatife of -I&OD feel,
Thence S00'18'3iY'W a distance of 513.00 feet,-
Thericc, a distance of 36.0Q feet to the POINT OF BEGINNING.
'kNL L416
Said parrel contains a total of 37,704 square feet (0,866 arres), more or less, 1" " �-4 P� 029P,�-Rl
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 50
E IDMN —
ll
APPROVED
DAT 09/27/22
� j %UtJ B; R: A 2G22-0l ee
0 6
16.
-1NKi2`45'3Q'E - a 200M'-'4.
207.50'
74
I?
0 Q
I
Z
5QCr48'M"W
120 240 360
F-MEMBEESM
Plari 5cak-: I" r 1,20'
Exhibit B TM Center East Subdivision No. 1
Shared Access Easement
A Portion of the Sw 1/4 of the NW 1/4 Section 14,
T.3N., RAW., B.M., City of Meridian, Ada County, Idaho
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 51
E IDI� 11
APPROVED
DA EI 09/27/22
S CE%UtJ B;R'A-2G22-0l e
km
CH GIN E& U N G
9, 25 HEIRTH 013iINERY WM
Bc-sE, IcmD &37I9
PW74112GO G34 273
hngnEltF run
M7-, rsar:B,;"W.
SHEFT:
2OF2
CURVETABLE
CAVE gADl'i5 � LENr I H
G
Cl 29,50 t 45,3 M1
U Lf `.H1)RD tdHi.
SU'00'00" 1411 1 30"W
(7�10R )
A i d
02 96,50' 94.68'
5.5`13'02" W51'04'59"14'
M93'
C3 29,210' 36.E6'
"
ca 250rrr,"' i 5E,25"
71'03 17 , �155'3r"07" M'
14'524 H52'47'25"E
34.20.'
H5.1�1'
C5 5.0 50' 49.55'
561.3'02" S61 0 4"59'E
47 59'
CG 29 5L 45.31
90'00 00 N43 49 3Er"E
41.72'
Exhibit 6 TM Center East Subdivision No. I
Shared Access Easement
A Portion of the SW 1/4 of the NW 1/4 Section 14,
T.3N., R.1W., B.l1l1., City of Meridian, Ada County, Idaho
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 52
E IDI,�N —
ll
APPROVED
DAT 09/27/22
�IJ "'UMB;R:- I
Title.TM Cen(cr East Subdivisim No. I Shared Acc-,ss hs'emefit I I)nte: 03-28-201-2.)
Scale: I inch = 100 teell F i le: 2 2-03 2 8 (entrat Fa.q No, I Shared Access Eastment V1`esl 2 2-006
TTa.t 1: (Y",66 ACTfW 377(14 IS41 F"t,
Closure = 08.435&N O.On Fee[: Precisitm - I 7 ()-' 31 ?
Furimettpr = 19" Fee(
t.k 11 k ll-i' 1�11
r"' 0��'1gj-1111-t�Nll K
0 13-0". 11 31ie7 36.00
�Sc 197.47
008=532.392
-00.0
014 Wjvv 5 1 I.Off
001—r,99.1 D Mv t07.07
ro, 1, '- - , % t'4""O
'04R�--
01 5_1189 1 t ffj"�4 J'6.ffl
00;=n32.392ffNv 164,69
ri'�z '0 491""' CIO I I
01 7.,00.483()e
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 53
APPROVED
)A: E: 09/27/22
S CE%UtJ BER:A-2G22-01 e
Exhibit E
description and depiction of certain storm water surface retention area/easement
A parcel of land being a portion of the South 1/2 of the Northwest 1/4 of Section 14, Township 3 North,
Range 1 West, B.M., City of Meridian, Ada County, Idaho being more particularly described as follows:
Commencing at an aluminum cap marking the West 1/4 corner of said Section 14, which bears
500°33'33"W a distance of 2,658.39 feet from a brass cap marking the Northwest corner of said Section
14, thence following the southerly line of the Northwest 1/4 of said Section 14, S89'11'30"E a distance
of 1,271.32 feet;
Thence leaving said southerly line, N00°48'30"E a distance of 681.00 feet to the POINT OF BEGINNING.
Thence N00°48'30"E a distance of 75.00 feet;
Thence S89°11'30"E a distance of 200.00 feet;
Thence S00°48'30"W a distance of 75.00 feet;
Thence N89°11'30"W a distance of 200.00 feet to the POINT OF BEGINNING.
Said parcel contains a total of 15,000 square feet, more or less.
w NW CORNER SECTION 14
FOUND BRA55 GAP
N00'48'30" E SR9' 1 1'30" E
i 75,00'
200.00'
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POINT OF 5EGINNING
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Subdivision No. 1
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DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - 54