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Bonito Condominium No. 1 SHP App Hearing Date: January 2,2007 (consent agenda) File No.: SHP-06-012 Project Name: Bonito Condominiwn No.1 Short Plat Request: Location: Short Plat approval for 3 condominium units on 1 lot in a C-G zone by WM David Evans. 3949 E. Copper Point Drive in the NE 1;4 of Section 20, T.3N., R.IE. RECEIVED DEe 2 , 2006 City Of Meridian City Clerk Office ,.( " .. ~!1~~2~ _, ';-_., ~~ fUh (11~ l~~ ..!l1.., '"<.,. _ ~_,r .'~ l....-/Ylerldia:n---~ "\ 1)._r;;'CJ:sr"".J ~'.:~~~j Planning Department , IrMHO .' r;) ~~:r.i;'/0""~,-"~:,,,,,,'!.,,!;&c(J -r;~~,r~, '\_'\ '\" ADMINISTRATIVE REVIEW APPLICATION ~;:.'-cii';;} ",;:j}:l~ G Type of Review Requested (cheJk aiIthat apply) o Accessory Use o Alternative Compliance o Certificate of Zoning Compliance o Conditional Use Permit Minor Modification o Design Review o Private Street o Property BOlllldary Adjustment JiI Short Plat D Temporary Use Certificate of Zoning Compliance o Time Extension (Director) o Vacation o Other "';J:::~~~s~~~~":brdf;o.'{iU:;'m I:" : :"::,,,,:,,;.,,;1 'I::'. ,:,': I"""'''': :.".,""",;:,1:" Applicant Information Phone: '2;-"':S. J )o:J Zip: ~J'7/o/' Applicant name: Applicant address: 77t, / 'LJ ,;(:verS/ - 0,...... ~OIS€. fD Applicant's interest in property: 1!a' Own 0 Rent 0 optionel 0 Other Owner name: Rt/': ;/,t;" - 0""./,,'/ L:~/Q H .5 Owneraddress:7761 L../ Lf//ers,:;e C/. . )f",'$P ./"J . )" c:!'.P1;; '"VI ee r '" Phone:JJ3. ;....}...~E Zip: 'irJ/ /5/ Phone: ;;-s-:r. ) )...CJ3 Zip: 5?-.r7/'f Address: Primary corrtact is: 0 Applicant ~ Contact name: E-mail: ~ Agent D Other Phone: J ~. .J..d...8'8" Fax: S -::2~.d-379 o ""'" Subject Property Information Location/street address: J 9~1 E t':o,q,o.r..r JCbJ'YJ t /7 r Assessor's parcel number(s): /IO;;J..;).. 7'E-QO!:" 0 . Township, range, section: PAl. t. 0:. Sf!. Co ;).G Total acreage: O. I 1/ - , Current land use: (/ a <: ~ ~ t Current zoning district: . ~ - G- 660 E. Watertower Lane, Suite 202 . Meridian, Idaho 83642 Phone: (208) 884-5533 . Facsimile: (208) 888-6854 . Website: www.meridiancity.org 1 (Rev. 9/21(06) .'- -' Project Description Projectlsubdivisionname: LSOI1I h t'L,J'J do.W2,'lI'I /,,1N't General desc . tion of proposed project/request: . , Proposed zoningdistrict(s): r -6 C /I^ c::: L... i1 e) Acres of each zone proposed: 0.1 '/ -; Tjpe of use proposed (check all that apply): o Residential 5a Commercial D Office 0 Industrial 0 Other Amenities provided with this development (if applicable): ~ v,'bo will own & maintain the pressurized irrigation system in this development? Which irrigati on district d<les this property lie within? Primaryin'igationsource: ,({//P$u/ :?~J .I~'r. Secondary: ,/ Square footage of landscaped areas to be irrigated (If primary or secondary point of CXlllllectioo. is City water): . v..si Number of residential units: Number of common and/or other lots: Proposed number of dwelling units (for multi~fami1y developments only): 1 Bedroom: 2 or more Bedrooms: Number of building lots: Minimum square footage of structure( s) (excl. garage): Proposed building height: Minimum property size (s.1): Average property size (s.f.): Gross density (DU/S<<e-tQl4Illll1d): Net density (OUlacre-=lwtiDg roadll & alleys): Percentage of open space provided: Acreage of open space: Percentage of use able open space: (See Chapter 3. Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common. etc): Type of dwelling(s) proposed: 0 Single-famiLy 0 Townhomes 0 Duplexes 0 Multi~family Non-residential Project Summary (ifappJicable) Number of building lots: / L-~ r.. ~ r ~ Other lots: Gross floor area proposed: 0 '.I ' Existing (if applicable): Hours of operation (days and hours): e. ~ -.s:.p.l"V'. Building height: Percentage of site/project devoted to the following: . Landscapin&: 1!j BuO<ting:;1ff4 Paving: /jtfl Total number of employees: '?-f'1 Maximum number of employees at anyone time: II?/A Number and ages of students/children (if applicable): ~ Seating capacity; IV~ Total number ofparking spaces provided: Number of compact spaces provided: A uthorizati on Print applicllnt name: ~ Applicant signature: Date: t;;l- I - bee 660 E. Watertower Lane. Suite 2()2 . Meridian. Idaho 83642 Phone; (208) 88'4-5533 . Facsimile: (208) 888-6854 . Website: www.meridiancity.org 2 S.d 8882-828-802 as~o8 uo~~0-uew4~oo~ W89S:8 9002 10 ~aa TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PIANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 · FAX 208-323-2399 boise@toengrco.com December 1,2006 Caleb Hood City of Meridian, Planning and Development Services 660 E. Watertower Ln., Suite 202 Meridian, ID 83642 Re. Bonito Condominium No.1, Meridian, ID Dear Caleb: Attached is a Short Plat Application, Checklist, and all required information 'per the City of Meridian application and checklist for Short Plat Approval. This proposed subdivision contains approximately 0.177-acres, on 110t with 3 units. The site is located within Bonito Subdivision No.3 and is bordered on the North by Copper Point Drive, which will provide vehicular access to the proposed condominium subdivision. The proposed use is commercial ( office) and is in compliance with the existing property zoning designation of C-G. All site improvements such as parking, drainage, and utility services have been completed as part of Bonito SubdivisionNo.3. All of the improvements are to remain intact and unchanged as previously approved. We have made every effort to address all the requirements of the Meridian Subdivision Ordinance, the Short Plat requirements, and surveying standards for the design of this development and the content of the application. We will address any comments, questions, or requests relating to this application promptly and thank you in advance for the timely processing of this Short Plat Application. Sincerely, TOOTHJ\1AN-ORTON ENGINEERING COMPANY AP Jay Hovde-E.I.T. BOISE. COEURd'ALENE . CAlDWELL PROJECT: 04107 DATE: November 21,2006 PAGE: 1 of! TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE. IDAHO 83714-2008 208-323-2288 · FAX 208-323-2399 boise@toengrco.com EXIllBIT "A-2" Legal Description Lot 16, Block 1, "Bonito Subdivision No.3" A parcel of land located in the NE 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of MeridIan, Ada County, Idaho, being all of Lot 16, Block 1, Bonito Subdivision No. 3, filed in book 94 of plats, at pages 11520-11522, records of Ada County, Idaho, more particularly described as follows: COMMENCING at the 1/4 comer common to Sections 20 and 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as referenced by Corner Perpetuation and Filing Record Instrument No. 103204073, from which the corner common to Sections 16, 1'7,20 and 21, as referenced by Corner Perpetuation and Filing Record InstrumentNo. 103135428, bears N.00oI4'30"E., 2651.87 feet; thence, along the latitudinal centerline of said Section 20, A.) S.89054'36"W., 2664.08 feet to a point marking the centerof Section 20; thence, leaving said centerline, B.) N.80053'43"E., 1680.52 feet to the northwesterly corner of Lot 16, of said BOllito Subdivision No.3, on a curve on the southerly right-of-way line of East Copper Point Drive, marking the POINT OF BEGINNING, thence along said right-of-way line, 1) Southeasterly along a curve to the left, having a radius of237.00 feet, an arc length of 62.27 feet, through a central angle of 15003'14" and a chord bearing and distance of S.68054'44"E., 62.09 feet; thence, leaving said right-of-w(lylinc, along the exterior boundary of said Lot 16 the following courses: 2) S.OooOO'OO"W., 123.57 feet to the southeasterly corner of said Lot 16; thence, 3) N.90000'OO''W., 57.94 feet to the southwesterly corner of said Lot 16; thence, 4) N,00oOO'03"E., 145.90 feet to the POINT OF BEGINNING. CONTAINING 0.18 acres, more or less. SUBJECT TO: All Covenants, Rights, Rights-of-Way, Easements of Record, and other enclunbrances. a,I04107\WPFlLESILegal DeseriptioD.\EXHA-LoI16, BLK I-DESCdoc BOISE · COEUR d'ALENE . CAlDWELL ; i ,/ " .. Property Description Dave Evans Construction at EI Dorado January 27, 2005 A parcel of land being part of Lots 2 and 6, and all of Lots 4 and 5, in Block 1 of Bonito Subdivision, according to the official plat thereof as filed in the records of Ada County, Idaho, which parcel is also Parcels C, D and E of Record of Survey #6671 recorded in Ada County as Instrument No. 104134825, and Parcel Fof Record of Survey #6786 recorded in Ada County as Instrument No. 105012677, and which parcel in the aggregate is more particularly described as follows: Commencing at the Southeast corner of Lot 5 in said Block 1; thence North 850 55' 46" West 206.07 feet to a point: thence North 000 00' 00" East 405.12 feet to a point of curve; thence along a curve to the left, said curve having a central angle of 45049' 59", a radius of 237.00 feet, and a long chord bearing South 840 18' 03" East 184.57 feet to a point; thence North 720 46' 57" East 43.23 feet to a point of curve; thence along a curve to the right, said curve having a central angle of 46048' 12", a radius of 463.00 feet, and a long chord bearing South 83048' 57" East 367.78 feetto a point; thence South 000 00' 00" East 158.70 feet to a point; thence South 900 00' 00" West 18.09 feet to a point; thence South 000 00' 00" East 101.29 feet to a point of curve; thence along a curve to the left, said curve having a central angle of 290 25' 05", a radius of 250.00 feet, and a long chord bearing South 750 25' 10" West 126.95 feet to a point; thence South 60042' 38" West 121.50 feet to a point of curve; thence along a curve to the right, said curve having a central angle of 330 21' 35", a radius of 200.00 feet, and a long chord bearing South 770 23' 26" West 114.81 feet to a point; thence North 850 55' 46" West 26,15 feet to the point of beginning; EXCEPTING THEREFROM all of Lot 3 in said Block 1. Exhibit A (j)rp ADY-; SP(o 0 3"c::. ... () 2 ADA CDUKTY RECORDER J. DAVID NAVARRO AMOUNT 6.00 ~~~~~A~~tiO~:p5S0~:OO PM III 111111I11111I111I11111111I1111I111 RECORDED-REQUEST OF 1135014514 Tille One WARRANTY DEED For value received, Kimball Properties Limited Partnership, the grantor, does hereby grant, bargain, sell and convey unto William David Evans and Caroline F. Evans, husband and wife, the grantee, whose current address is 5561 N Glenwood St, Boise 10 83714, the following real property located in Ada County, Idaho: See Exhibit A, attached; To have and to hold said premises, with their appurtenances, unto the grantee, its heirs and assigns forever. And the grantor does hereby covenant to and with the grantee that it is the owner in fee simple of said premises, that they are free from all claims except taxes and assessments; recorded easements. rights-of-way; and restrictions; and other matters apparent or of record, and that it will warrant and defend the same from all other lawful claims whatsoever, Dated: f~p(u.U .1./., d-,oOS-" By JeffW State of Idaho ) ) ss. County of Ada ) On this 4th day of February, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Jeff W. Moore, known or identified to me to be the same person whose name is subscribed to the within instrument as the attorney in fact of Winston H. Moore, and he duly acknowledged to me that he executed the name 'f,,(,~/}. H. Moore as principal on behalf of Kimball Properties Limited Partnership, a partnership in w~ii~~ll is a partner, and his own name as attorney in fact, and that said partnership execute!t~li''''....1t ~ .xf1 - it. ~.. . ~ Jl. ~ ll>\OTARY \. t t/4J~'A '~ ~ : :*;. ~ - ~*: .... : i Notary PUblic~ldaha ~ \. PUBLIC .: j Residing at c;sF-. Ii:IA+J-o '%, ..... ..... # Camm Expires q.: z.. G:o- (9q ~ N.......'!!:~ ~ 1It,,::'''I'Ea=II.l''\,,''l 11""1ll1l"'''\~ AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) COUNTY OF ADA ) I. ib".Ih ai/I) ~ (/aYlS Lft' (name) I"JISP (city) being rust duly sworn upon, oath, depose and say: 77hl E /t/vcrs:Je Orl'J/e . _ / (address) Z/q ~ c:1 (state) 1. That I am the record owner of the property described on the attached, and I grant my pennission to: h,olt,M~t1 (Jr1;,,,.. If",! ;;1eer: (\~ (name) , 97'7 7 CA/~~" (fIt//. &)~e..fl) 8'17/'1 (address) , to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the applicatio~. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this :; g~ day of NtJf J....+v..- ~ SUBSCRIBED AND SWORN to before me the day and year first above written. ",........,. ~......"'~ A. Til ""'1: .,:; G'9:-'(......... <-Ie. " ~ ......v ... ..... '1". '=' 'II; C'<;' .. -.. ~ !.~f t\OTAR,. \~\ . . .. = t ...... : = =.. ... . - \ ,PUBL\C I j ~ l.P,.~ .. 0 ~ ~ '" ... ~ ~ ~ l'. ... ~~.... "'" "S 0 F \ \> "".. """n."I"" ,20 0& LJIM pJ ~ (Signature) ~a~ (Notary Public for Idaho) Residing at: aa I Se, I h My Commission Expires: g/ICf /;>0 II ~ ~ 5 ~ "" 8 ~ EO" ~ ~ ~ = ~ @ :.s ;:5 E:j ~ ~ '"" ~ ~ ~ ~o ~Z ~ 8 ~~ E5~ ~......., ~ I--t ~ ""Z< ~I--t :s ~~::s io ~~ < ~ Z ~ ~ 0 ~ IU < ~ 80 ~~ ~I--i Z ~O ~ ~~ :;2 L... = gj ~ ~ "" 8 ~ ~ U> ~ 8 I ~ = ~ ~ ~ ~ <..;> O(l)COO'l~ OCOO'l- t.> WOI") I z'(N~ Z'V I b 5r::~~ Il. t') n ':': o:)l~ OOCl ~~'" .9 ~ .. = wx~ (I) Vl ~ = oc5 .. Om I:i1 W. . c > co OCClOCl ~ ::JO::: N ~ (I)~ N g- wi"" ---l I") " ~ N ~ oni' . m I g i'J0Cl3 (1)00 r:::- oczN~ w:E..2; WuW-C-: z Z <e> (3....... 0 ~ zl" I <:i: W l;; l:L J, o z - 0:= ~ ~ Z S z ~ z o E-< 0:= o I ~ ::I: E-< o o E-< PRE-APpilCATION l\1EET?=NG NOTES - DATE: Ocft bivX; 1o!J/J APPlicant(S):~~ -6i!rw ~2,i-. . "." " Engiueet/Arcbitect/Planner: --rrJcrfk ~ - rJ v-ttrvl -titM"yt au..../J1f{/" UJ . Staff:.~ . V d rovv O. "(PI Ir-ff. I .M- . P:t~posed ~g: I}J I PI M ..~~ !.Jls.e... ~ 0\aL F ot PIats -:;) I -)f) P:tppetty S~~~iflI Number OfUt;JitS:;I7,'?6i!2_ Dwelling Type: ~= ~ ~~~~!v~::-;c P:tessurized lttigation: fv'\J 'stteet B~ffets: Open Space & :Mic.ropaths: L~dscape Plan: Lot Size &'F:tontage: Topography: RyCkology: Street Systetn: . Pathmty System.: ProposedD Location: Reguired Applications: Eristing Zo:oittg: - C - ~ :' 'Cotnp:tebensive Plan Designation: .:Othe1: Applications o Annexation ~d Rezone . G Conditional Use Pettnit o Variance o Lot Line Adjusttnent G Comprehensive Plan Amendtuent .- AppJication Chec1di.st Review 9th6.t Agencies to Contact: Additional Notes: f+c r"~lv+ resfu<c.+r~ ---------~...... , :.' , u U~~q" Additio~a1 P;t;e~app1ication Confetence: "fG . Not reco:ta:tnended Recottl:tnended ' , ~ /1\,(0{ tlov~h-vt- ." ) 'M'!icipated PlattfJ.xng & Zotring Date: {/;JA-'Pt c:...t .dft..~;' IJ..e.C~L./u./--""(cz-Pf'rviC, . 2c:;: f1- -fu J~ ( ()Pr <) . Requited Anticipated Submission Date:' ." . ~: -. ". .. ..: :.:<.j;~~/;j~~';~:~~;~.:: .: ....~ ..~ . ~ ..,: Tb~ itfOriIIClti'o11 pro7Jid~d du:ring tbis meWing is bQs~d 1p071 tb~ cmmJt Ci!jr o/J.1iferidicl1l Zoning & - . Sf(bilftdsj'011 Onilncmcr: and tppJicable ..971!Prebe1fm:e I: Inn and is.l.lt1k'd fir 3.1!!o#bs~ A1!J .J$lbseqn:~nt ';,:, :,'" :., i~"" :.. ~_:: .'...". cba~gt:i to tbll ZOlJing or S7fbdivisioJJ. f?ti!;i!/#j/~e :or -qiJjpTeb~1i[tiliJ 1: lap if/qy"qffi~ Jro~[! tpplicafiol!_ . _: - .::: <.:-~1f~ir<: :';':o;~t:~~. . '. :' _ '. ..=_"-,..;,':~_)!.~,~_!.~,~.~.:,f-..~,~.:-~"-":;:.~.'~;:,:,~,;.~..:.":,:.~];;.~.t...~_~,~.~~"-:.,~.--.:,_...--_-c. ..' ,~_:.-~-~-'::_=..,~~~': :.<.;.:_:.~.:.'_:',~_~;" ,_,_;,~_o:~,;_};,~-- "~_ .~'~.-.:' _...~=~~.~~,:~~..:.;,iff;.~.;.~_i;!\.~~ . b~~J!:' J ~~.~~~~:~~!=~;~~~~~~~~?~; >. . ~: ~ ....: _ _ _ u" . ,T.... . . _ ~ _. __ _ _ , . .' ! .., Page 1 of2 Frisbie, Steve From: David Couch [dscouch@adaweb.net] Sent: Wednesday, November 29,200610:00 AM To: Frisbie, Steve Subject: RE: Condo Plat Name Reservations November 29,2006 Steve Frisbie Toothman-Orton Engineering Re: Reserving Existing Subdivision Names - "BONITO CONDOMINIUM NO.1 AND NO.2" Dear Applicant: Your use of the existing word "BONITO CONDOMINIUM" to make your subdivision name is acceptable as long as you meet the requirements of Idaho Code 50-1307: (1) be the person, or corporation, or owner who recorded the original plat of "BONITO SUBDIVISION NO.3", or, record the consent of the person, or corporation, or owner who recorded the original plat of "BONITO SUBDIVISION NO.3"; (2) and be considered contiguous to the original or previously platted area. You indicate that those requirements have been met, therefore I will add the names to the database. Sincerely, David Couch, PLS Ada County Surveyor " For procedure on reserving subdivision names go to: http://www.adaweb.net/devserv/survey/Rsubname.htm Check out the list of subdivision names at: http://www.adaweb.net/devserv/survey/subnames.htm From: Frisbie, Steve [mailto:sfrisbie@toengrco,com] Sent: Tuesday, November 28,200611:03 AM To: David Couch Subject: Condo Plat Name Reservations Dave, We would like to reserve the following 2 names for 2 condo projects: 1) Bonito Condominiwn No. I 2) Bonito Condominium No.2 11 _')0_ ')()()h Page 2 of2 each project is located in Bonito Subdivision No.3 East 1/2 of Section 20, Township 3 North, Range 1 East, BM, City of Meridian, ID. the owner of Bonito Subdivision No.3 will be signing both of these condo projects. thank you, Steve Frisbie. P.L.S. Project Manager Toothman-Orton Engineering Company 9777 Chinden Blvd Boise. ID 83714..,2008 323-2288 tele 323-2399 fax This message is confidential, engineer-client/work produCt protected, and is intended only for use by the intended recipient. Any other use is expressly prohibited and any violation will result in prosecution to the fullest extent of the law. If you receive this message by mistake please destroy it immediately. Thank you. 1 1 "no. ,...,.f\f\r ~~ VJ ~ C<J J~~ "'-I ~~ ~ ~~ ~~~ "-'i ~ ~ ~ ::ti Ss~ ~ .~gs~ ~\:::) V) ~ ~' C<J~ 5::l :".. ~ ('\ :::s ~~<:::l ~ ~~~ ~ ~~~ ~~~~ ~ c$~ ~ ~~ f::i ~ C:l ~ ~ c;:c C:) ~~ ~~ ~ 'D,\j ~ ~ "'-I~C) c:) B~ ~ G ~ ts ~~. ~ ~~~ ~~(jh;S r_" VJ f::i ~~~ ~cs~N ~g:~~ C:::) '" ~ ~ C'r\ ~~ ~ '""""-l!--:. 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N (/)Gj Z 0W 0....) :::J ~I f- ~W Of- Z Df- ~ ::::!a::: :::J :::!(/) ~O B3LS CDZ ~ <( OJ <:::) n ~ !:: z :::J 8 ~ ~ .oo'ze M"OO.oo.oos .l~'51~ ,u"ez .oo'.~ <:::) ~ ~ ~ ~ iil d "g d CQ !! z OJ Q) :s ,L~ '0 ~ n. g g a::: ~ ~ ~ I" g '"1< N n 0 ~ ~ 0 ~ gj !:: .,"'0 gj !:: !:: ~ z z z i III :::J :::::> :::::> I- .Le'o~ (/) ~ ,'Lf-O~ a::: G: ~ ~ ,Le"gr ,rr';~ ,r~'~~ ,oo'l:e ].oo,oO.ooN ofjf;'-." ClTy"0F" . , '~.'{eridl;;n 33 E. Idaho Ave. Meridian. 10 83642 Applicant I I I I I I I I I I I I I I I I I I I I 'I I 1 9107 ':'TAX Receive By TOTAL I 1 I [;JU: .!744f(/oa PRELIMINARY CONDOMINIUM DECLARATION FOR BONITO CONDOMINIUM NO.1 ;j CONDOMINIUM DECLARATION FOR BONITO CONDOMINIUM NO.1 1. RECITALS... ...................... ....... .......... ............ .......... ........ ...... ........ ....... ....... .... ....... .............. 1 1.1. THE PROPERTY COVERED.......... ................ ...... ..... .............. ........ ... .............. '00" "'00" nn. 1 1.2. CONDOMINIUM OWNERSHIP. ... ... ..... ..... .............. ................... .............. ..... ............ ..00.... 1 1.3 . DECLARATION. . .............. ........00......... ...... ............. ............................ ........... ................. 1 1.4. MASTER DECLARATION.. ... .... ...... ......... ..... ... ...... ...... ..... ..... ....... ................ ..... .............. 1 2. D EFINITI ON S...................................................................... .'................................................ 2 2,1. ARTICLES. .................................. .... ...... .... ........................ ......... ......... .......... ............ .... 2 2.2. ASSESSMENT. .. ... ............. ........... ..... .............. ....... ...... ...... ... ... ... ...... ... .......... ......... ....... 2 2.3 . ASSOCIATION. . ........................... ..00....... .:........ ..... ...... ...... ......... ......... ............. .... ......... 2 2.4. ASSOCIATION RULES. ................ .... ....00..00.. .... ......... ........ ..... ..... .............. ............. ......... 2 2.5. BOARD. ........ ........ ............... ........... ...00..00........... ......... ........ ..... .... ........ ........................ 2 2.6. BUILDING. .... ........ .......... ..... ............. .... ... ........... ....... ... ....... ..... .............. ............. ......... 3 2.7. BYLAWS. .. ............................ .....00..... ...... ...... ................. ........ ............... ....... ............ ..... 3 2.8. COMMON AREA. . ............................................ ............. ................. ............... ........ ......... 3 2.9. CONDOMINIUM. ........... .... .................. .......... ...... ............ ........ .............. ......... .'.. ............. 3 2.10. CONDOMINIUM ACT. ................. .......... ........ .... .... ............... ..... .............. .00.... ...... .......... 3 2.11. CONDOMINIUM DOCUMENTS. ........ ....... ... ...... ......... .... ............ ......... ... ..... ......... ..... ... .... 3 2.12. DECLARANT....................................................................................... 00........................ 3 2.13. LESSEE..... ........... ................. .......... ...... ...... .... .... ....... ...... ........... .00.................. .... ......... 3 2.14. LIMITED ASSESSMENT. ............. ............. ........................ .......... ............. ..... .............00.... 3 2.15. LIMITED COMMON AREA........... ............00...... .00............. .......... ..... ....... ............... .00.00.... 4 2.16. MEMBER......... ....... ..... .......................00................ ...... ........................................... ........ 4 2.17. MORTGAGE........ ........ ...................... ............... ........... ...... ............ ........... ....... .... ..... ..... 4 2.18. MORTGAGEE................................ .................... ...... ............................... ....................... 4 2.19. OWNER. . .............................. ...... ............ ........... .............. ........................ .......... ..... ....... 4 2.20. PLAT. ........... ......... ............. ............ .......... ...... ..... ................... ....... ................ ......... ....... 4 2.21. PLAT AMENDMENT..... ...... .... ......... .......... ............ ............ ............. ............ .................... 4 2.22. PROJECT. ...... .................... .......... ..................... .............. ..00............... ........... .0000............ 4, 2.23. PROPERTY.. ..00................... ........... ................... ......... ..... .......... ..........00.. .000000...... .......... 5 2.24. REGULAR ASSESSMENT. .... .............. ...00........ ...... ........................00................... ............. 5 2.25. SPECIAL ASSESSMENT. .................. ...... .... ........... .... ........ .................... ... .00.... ........... ..... 5 2.26. UNIT. ........ ...... ................... ............ .................... ............. ........... ............. ...... ...... .......... 5 3. NATURE AND INCIDENTS OF CONDOMINIUM OWNERSHIP .............................. 5 3.1. ESTATES OF AN OWNER. ............ .................................... ....00...... ...... ............ ...... .00........ 5 3.2. TITLE... ........ ..................... ................... ...:............ ...................... .............. ........... .......... 5 3.3. RIGHT TO DIVIDE UNITS................. ...... .......................... ........... ............... .... ...... .......... 5 3.4. COMBINATION OF UNITS. .............. ............... ..................... ................... ............ ..... ....... 7 3.5 . INSEPARABILITY OF CONDOMINIUMS. ........................ .......................... ...... ......... ......... 7 3. 6. PARTITION NOT PERMITTED. .... ...... ....... ................ ..... ........ ..... ..... ....... ..... ....... .... ......... 7 3.7. TAXES AND ASSESSMENTS. .......... ....00.... ........... ............. ..00. .00..... ....... ............... ........... 7 3.8. OWNER'S RIGHTS WITH RESPECT TO INTERIORS. .......................................................... 7 Table of Contents - i 4. EASEMENTS . ..... ....... ..................................... .... ........ ............ ..... ...... .... ..... ..... ....... ... ........... 8 4.1. EASEMENTS FOR ENCROACHl\.1ENTS. ............................................................................ 8 4.2. EASEl\.1ENTS OF ACCESS FOR REPAIR, MAINTENANCE AND El\.1ERGENCIES. .................. 8 4.3. OWNER'S RIGHT TO INGRESS, EGRESS AND SUPPORT. .................................................. 8 4.4. ASSOCIATION'S RIGHT TO USE OF COMMON AREA....................................................... 8 4.5. DECLARANT'S RIGHT INCIDENT TO CONSTRUCTION. .................................................... 9 4.6. EASEMENTS DEEMED CREATED. ......... ............ ....... ................. ......... ............. ............... 9 5. DESCRIPTION OF A CONDOMINIUM ......:................................................................... 9 6. MECHANIC'S LIEN RIGHTS ........ ........... .... .... ........ ...... ................ .................... ........ ....... 9 7. BONITO CONDOMINIUM NO.1 OWNERS ASSOCIATION.................................... 10 7 .1. CREATION. .. ...... ......... .... ............. ............ ............. .............. .......... ........ ........... ........... 10 7 .2. MEMBERSHIP..... ....... ...... .......... ...... ...... .................. ........ .................... ....... ........... ....... 10 7.3 . VOTING RIGHTS. ................. .... ........................... ...................... ........... ...... ................. 10 7.4.' TRANSFER... ... .... .. ............ . .. .... .... .. ... ... . .... ... .. .... . . .. .... ... ... ... . ...... .. ......... ..... ................. 11 7.5. POWERS AND DUTIES OF THE ASSOCIATION. .............................................................. 11 7.6. MEETINGS OF THE ASSOCIATION. ~................ .................. .............................. .... .......... 14 8. ASSESSMENTS ... ....... ......................... ..... ... ...................... ...... .......... ....... ........ ...... ............ 14 8.1. COVENANT TO PAY ASSESSl\.1ENTS. ............................................................................ 14 8.2. RATE OF ASSESSMENT.... .......... .............................. ........ ..... .................. ...... ............... 14 8.3. ASSESSMENT CONSTITUTES LIEN. .... ....... .......... .................... .............. ........ ............... 14 8.4. ASSESSMENT IS PERSONAL OBLIGATION. ................................................................... 14 8.5. REGULAR ASSESSl\.1ENTS. ............. ....... ...................... ................. ............. ......... .......... 15 8.6. SPECIAL ASSESSMENTS. ...................... ................ ..... .................. ........... ...... ............... 15 8.7. LIMITED ASSESSMENTS. . ................... ..... ............ ........ ................. ............................... 15 8.8. NOTICE AND ASSESSMENT DUE DATE. ....................................................................... 16 8.9. ESTOPPEL CERTIFICATE..... ..... .................. ................. ............ ................ .... ................. 16 9. ENFORCEMENT OF ASSESSMENTS; LIENS ............................................................. 16 9.1. RIGHT TO ENFORCE. ................................................................................................... 16 9.2. ASSESSMENT LIENS. ............ ...................;..... .................................. ........ ....... ............. 17 9.3. METHOD OF FORECLOSURE. ............................... .............. .................... ...... ....... ......... 17 9.4. REQUIRED NOTICE. ........ ........................ ................... ...................... ..... ............... ....... 17 9.5. SUBORDINATION TO CERTAIN TRUST DEEDS. ............................................................ 17 9.6. RIGHTS OF MORTGAGEES. ..... .................. .................................. .................. ............... 18 10. RIGHTS TO COMMON AREAS ................................................................................. 18 10.1. USE OF C0l\.1N10N AREA. ............................................................................................. 18 10.2. DELEGATION OF RIGHT TO USE. ..........................................................;....................... 19 10.3. DAMAGES............. ........... ....... ......,............. ...... ......... ... ................ ........... ................... 19 10.4. MAINTENANCE OF EXTERIOR COMMON AREAS. ........................................................ 19 11. USE OF CONDOMINIUM ............................................................................................ 19 11.1. USE AND OWNERSHIP RESTRICTIONS. .... ..................... ...... ....... .......... ............ ............ 19 11.2. USE OF C0l\.1N10N AREA. ............................................................................................. 19 Table of Contents - ii 11.3. PROHIBITION OF DAMAGE AND CERTAIN ACTIVITIEs................................................. 19 11.4. RULES AND REGULATIONS. .. ...... ............ ................. ........................ ...... ............. ........ 20 11.5. MAINTENANCE OF INTERIORS.......................... .......... ....... .................. ............... ......... 20 11.6. STRUCTURAL ALTERATIONS.................... .................. .................................. ............... 20 11.7. SIGNAGE. .................................... .......... ............. .................................. ...... ......... ........ 20 12. INSURANCE .... ............... ......... ...... ..... ..... .......... ....... ........... ..... ... .... ....... ....... ... ..... ....... '" 2 0 12.1. TYPES OF INSURANCE. .... ........................... .... ......... .......................... ......... ........... ...... 20 12.2. OPTIONAL INSURANCE. . .................. ................. ....... ........................... ..... ... .... ....... ..... 21 12.3. FORM. ........... ...... ..... .................. ................................ ....... ...... ......... ........... ................ 21 12.4. OWNER'S RESPONSIBILITy........ ......... ............ ........................ ............................. ........ 22 12.5. INSURANCE PROCEEDS. .... .... ..................... .......... .......... ................... ............... ........... 22 12.6. OWN'ER'S OWN INSURANCE. .......................... ......... ..... ..... ............... ..................... ...... 22 13. CASUAL TY, DAMAGE OR DESTRUCTION ...........................................................23 13.1. AFFECTS TITLE......................................;..........,......................................................... 23 13 .2. ASSOCIATION As AGENT.. ................................ ....... .......... ................... ...... ......... ....... 23 13.3. GENERAL AUlHORITY OF ASSOCIATION. ................................................................... 23 13 .4. ESTIMATE OF COSTS. .. ..............,...................................... .;....... ....... ..... .......... ............ 23 13.5. REPAIR OR RECONSTRUCTION. ......... ............... ........ ......... ...... ........ .... ........................ 23 13.6. FUNDS FOR RECONSTRUCTION. .... ........... ............... ............ ............... ...... .......... ......... 24 13.7. DISBURSEMENT OF FUNDS FOR REPAIR OR RECONSTRUCTION. .................................. 24 13.8. DECISION NOT TO REBUILD.............. ........................ ........ ................ ......... ........ ......... 24 14. CONDEMNATION ........ ............. .......... ........... ............. ............. ......... ......... ............ ...... 24 14.1. CONSEQUENCES OF CONDEMNATION. ........................................................................ 24 14.2. PROCEEDS......... ......... .................."... ................. ....................... ........ ....... .................. 25 14.3. COMPLETE TAKING. ... ...... .................... ................ ..... ......................... ....... ........ ......... 25 14.4. PARTIAL TAKING. ........................ ................. ..... ................. ......................... ..... .......... 25 14.5 . REORGANIZATION............ ......... ...................... .......... ....... ................ ......... ................. 25 14.6. RECONSTRUCTION AND REPAIR........ ........................ ................ .................. ......... ....... 26 15. INSPECTION OF AN ASSOCIATION'S BOOKS AND RECORDS ......................26 15.1. MEMBER'S RIGHT OF INSPECTION. ..............................................................................26 15.2. RULES REGARDING INSPECTION OF BOOKS AND RECORDS. ....................................... 26 15.3. DIRECTOR'S RIGHTS OF INSPECTION. ..........................................................................26 16. MISCELLANEOUS .... ......... .......................... ..... ....... ............. ................. .......... ...... ...... 26 16.1. AMENDMENT. ... .......................,........ .............. .................. ...............,........ ............. ..... 26 16.2. MORTGAGE PROTECTION. ............ ....... ..... ....... ..... ....... ................................. .............. 27 16.3. NOTICES. ....................................................... ...... ............. ....... .... ..... ......... ...... ,.... ...... 27 16.4. ENFORCEMENT AND NON- WAIVER. ........................................................................... 28 16.5 . INTERPRETATION. ............................................. ............... ...... ................. .................... 28 16.6. OWNER'S OBLIGATIONS CONTINUE. ............ ..... ...... ........................ ............................ 29 16.7. EXHIBITS. ........................ ................. .......................... ................ ........... ................ ..... 29 16.8. SUCCESSORS AND ASSIGNS. ........... ...... .............. ........... ................. .... ......... ............... 29 Table of Contents . iii EXHIBIT A-I EXHIBIT A-2 EXHIBIT B EXHIBIT C EXHIBIT D Table of Contents - iv INDEX Plat Legal Description Articles of Incorporation Percentage of Ownership Interest Limited Common Areas CONDOMINIUM DECLARATION FOR BONITO CONDOMINIUM NO.1 THIS CONDOMINIUM DECLARATION FOR BONITO CONDOMINIUM NO.1 (the "Declaration") is made effective this _ day of , 2006, by William David Evans and Caroline F. Evans, husband and wife (collectively referred to hereinafter as "Declarant"). 1. RECITALS 1.1. The Property Covered. Declarant is the Owner of certain real property located in the City of Eagle, Ada County, Idaho, which is that certain real property shown on the final plat for the Bonito Condominium No. 1 recorded on the _ day of , 2006, as Instrwnent Nwnber , Records of Ada County, a copy of which is attached hereto as Exhibit A-l and incorporated herein by this reference and legally described on the attached Exhibit A-2 and incorporated herein by this reference (the "Property"). The Property is being developed with a condominium office building ("Building"), together with related site improvements. The Property together with the Building and related site improvements shall be referred to as the "Project". 1.2. Condominium Ownership. The purpose of this Declaration is to provide for condominium ownership of the Project pursuant to the Idaho Condominiwn Act, designate Common Area and Limited Common Area, authorize the creation of the Association, and set forth the restrictions, covenants, limitations, easements, conditions and equitable servitudes that shall apply to the Project and the condominiwn ownership regime. 1.3. Declaration. Declarant hereby declares that the Project and every part thereof is held and shall be held, conveyed, devised, leased, rented, encwnbered, used, occupied; improved and otherwise affected. in any manner subject to the provisions of this Declaration, each and all of which provisions are hereby declared to be in furtherance of a general plan for the creation, maintenance and sale of an ownership in fee simple of separate interests in Units and for co-ownership with others, as tenants-in-common, of Common Area and Limited Common Area, pursuant to the Idaho Condominium Act. All provisions hereof shall be deemed covenants running with the land or as equitable servitudes, and shall constitute benefits and burdens to Owners and to all persons hereafter acquiring or owning any interest in the Project, however such interests may be obtained. 1.4. Master Declaration. In addition to the provisions of Section 1.3, the Project is subject to all of the covenants, conditions, restrictions and definitions of that certain Declaration of Covenants, Conditions, and Condominium Declaration for Bonito Condominium No. 1 - 1 C:\Documents and Settings\JHovde\Loeal Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a.doe Restrictions for El Dorado Business Campus, recorded on October 20, 2003, as Instrwnent No. 103178973, Records of Ada County ("Primary Declaration") and that certain Supplemental Declaration of Covenants, Conditions, Easement & Restrictions for Bonito Subdivision No.3, recorded on February 24, 2006, as Instrument No. 106029064, records of Ada County ("Supplemental Declaration"). The Primary Declaration and Supplemental Declaration may be collectively referred to herein as the "Master Declaration". In the event there shall be duplicate covenants, conditions, easements and restrictions within this Declaration or between this Declaration and the Master Declaration, the more restrictive provision shall apply. In the event of any conflict between the terms and conditions of the Master Declaration and this Declaration, the terms and conditions of the Master Declaration shall control, except insofar as the covenants, conditions, easements and restrictions of the Master Declaration are hereinafter expressly modified. 2. DEFINITIONS The following terms shall have the following meanings when used herein unless the context otherwise requires. In the event any of the definitions contained in this Declaration are inconsistent with the definitions contained in the Master Declaration, the terms, to the extent of any inconsistency, shall have the meanings ascribed to them in this Declaration. 2.1. Articles. "Articles" means the Articles ofIncorporation of the Bonito Condominiwn No.1 Owners Association, Inc., a certified copy of which is attached hereto as Exhibit B, as the same may be amended from time to time. 2.2. Assessment. "Assessment" means a share of the funds required for the payment of common expenses, including those expenses attributable to less than all Owners in the case of Limited Assessments, which, from time to time, are assessed against the Owners, and shall include Regular, Special, and Limited Assessments, as more particularly described in Article 8 hereof. 2.3. Association. "Association" means the Bonito Condominiwn No.1 Owners Association, Inc., an Idaho nonprofit corporation, its successors and assigns. 2.4. Association Rules. "Association Rules" means the rules and regulations that may be adopted, amended, or repealed from time to time by the Board. 2.5. Board. "Board" means the duly elected board of directors of the Association. Condominium Declaration for Bonito Condominium No, 1 - 2 C:\Doeuments and SettingsVHovde\Loeal Settings\Temporary Intemet Files\OLKB\Bonito Condo No 1 Dee - GP02a.doc 2.6. Building. "Building" means the building, structure and facilities to be constructed on the Property. 2.7. Bylaws. "Bylaws" means the Bylaws of the Association as they exist from time to time. 2.8. Common Area. "Common Area" means the Project, excluding the Units. 2.9. Condominiwn. "Condominium" means a separate ownership interest in a Unit together with an undivided interest in common in the Common Area (expressed as percentages of the entire ownership interest in the Common Area), as set forth on the attached Exhibit C, incorporated herein and made a part hereof by this reference. 2.10. Condominiwn Act. "Condominiwn Act" means the "Condominium Property Act" of the State of Idaho, Idaho Code Section 55-1501 et seq., as the same may exist from time to time. 2.11. Condominiwn Docwnents. "Condominium Documents" means this Declaration, the Articles, the Bylaws, the Plat, any services agreements entered into by the Association and any and all other related docwnents and instrwnents as the same may be amended from time to time. 2.12. Declarant. "Declarant" means William David Evans and CarolineF. Evans, husband and wife, or any person or entity to whom the rights of the Declarant under this Declaration are expressly transferred in writing by the Declarant. 2.13. Lessee. "Lessee" shall mean any person or entity leasing space in the Building from any Owner. 2.14. Limited Assessment. "Limited Assessment" means an Assessment levied against an Owner and such Owner's Unit by the Association for costs and expenses incurred by the Association in connection with corrective action or maintenance, repair, replacement and operation activities performed pursuant to the provisions of this Condominium Declaration, including, without limitation, damage to or maintenance, repair, replacement and operation activities directly attributable to the Owner or such Owner's guests or invitees performed for any Common Area or as a result of the failure of an Owner to keep such Owner's Unit in proper repair as provided in this Condominium Condominium Declaration for Bonito Condominium No.1 - 3 C:\Documents and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a.doc Declaration, and for any goods or services provided by the Association which benefit less than all the Owners, all as more particularly set forth in Section 8.7 herein. 2.15. Limited Common Area. "Limited Common Area" shall mean those areas of Common Areas and facilities designated for the exclusive use of a specific Unit Owner or Owners to the exclusion, limitation or restriction of other Owners. Limited Common Area may be established from time to time by the Declarant or the Association on any portion of the Project by describing such area on a recorded plat, by reserving it in a deed or other instrwnent, or by designating it as such in this Declaration. 2.16. Member. "Member" shall mean each Owner holding a membership in the Association. 2.17. Mortgage. "Mortgage' shall mean any mortgage, deed of trust or other security instrument by which a Condominium or any part thereof is encwnbered. 2.18. Mortgagee. "Mortgagee" shall mean any person or any successor to the interest of such person named as the mortgagee, trust beneficiary, or creditor under any Mortgage under which the interest of any Owner, or successor to the interest of such Owner, is encwnbered. 2.19. Owner. "Owner" shall mean any person or entity, including Declarant, at any time owning a Condominiwn. The term "Owner" shall not refer to any Mortgagee, as herein defined, unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. 2.20. Plat. "Plat" means the Bonito Condominiwn No. 1 final plat recorded in the real property records of Ada County, Idaho, which is the plat as required by the Condominiwn Act, a copy of which is attached hereto as Exhibit A-I, as it is amended and supplemented from time to time. 2.21. Plat Amendment. "Plat Amendment" means the document described In Section 3.3 which upon due recordation divides a Unit. 2.22. Proiect. "Project" shall have the meaning set forth in Section 1.1. Condominium Declaration for Bonito C:ondominium No.1 - 4 C:\Documents and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No I Dec - GP02a.doc 2.23. Property. "Property" shall have the meaning set forth in Section 1.1. 2.24. Regular Assessment. "Regular Assessment" shall mean an assessment by the Association to provide for the payment of all estimated expenses growing out of or connected with the Project as a whole, as more particularly described in Section 8.5 herein. 2.25. Special Assessment. "Special Assessment" shall mean an assessment by the. Association to provide for the payment of any expenses growing out of or connected with the Project not paid by the Regular Assessment, as more particularly described in Section 8.6 herein. 2.26. Unit. "Unit" shall mean singularly or collectively, Units 1 through 3 as depicted on the Plat, comprising a Condominiwn and bounded by the interior surfaces of the perimeter walls, the windows and doors thereof, the topside of concrete slab floors, the bottom side of ceilings, and a Unit includes both the portions of the Building so described and the airspace so encompassed. The following are not part of any Unit: bearing walls, columns, floors, roofs, foundations, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pwnps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within the Unit. 3. NATURE AND INCIDENTS OF CONDOMINIUM OWNERSHIP 3.1. Estates of an Owner. The Project is hereby divided into Condominiwns, each consisting of a separate interest in a Unit or portion thereof, and an undivided interest in the Common Area. The percentage of ownership interest in the Common Area which is to be allocated to each Unit as a whole for purposes of tax assessment under Section 55-1514 of the Condominium Act and liability as provided by Section 55-1515 of the Condominium Act is set forth in the attached Exhibit C. ' 3.2. Title. Title to a Condominiwn may be held or owned by any individual or entity and in any manner in which title to any other real property may be held or owned in the State ofIdaho. 3.3. Right to Divide Units. Units may be further created and divided, subject to the following requirements and limitations: Condominium Declaration for Bonito Condominium No.1 - 5 C:\Doeuments and SettingsVHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a,doe 3.3.1. All Units shall be created and constructed to allow all Units to have legally compliant ingress and egress to and from the Common Areas, including, without limitation, any stairs. 3.3.2. A recordable copy of a Plat Amendment to the Plat (a "Plat Amendment") shall be prepared and submitted to the Ada County Surveyor for review and approval. The Plat Amendment shall be a graphic depiction of the Condominium Unit, as divided, including the Unit created and the remnant Unit. The Plat Amendment shall be prepared by an Idaho licensed professional land surveyor and shall include the following: 3.3.2.1. The Unit nurnber(s) for the Unit(s); 3.3.2.2. The exact dimensions and location of the original Unit being divided and the exact dimensions and location ofthe divided Unit(s). 3.3.2.3. The percentage interest in the Common Area which is allocated to the divided Unites), which percentage shall be an allocation of the original percentage interest allocated to the Unit being subdivided and which new percentage interest shall be determinative of the ownership interest in the Common Area for purposes of tax assessments and liability under Sections 55-1514 and 55-1515 of the Condominium Act. The allocation of percentage interests in the Common Area shall be based on the relative square footages of the new divided Units. 3.3.2.4. The appropriate signature of the Association evidencing the approval of the creation of any Common Area or Limited Common Area resulting from the such division. 3.3.2.5. The signature of the Owner of the Unit divided pursuant to this Section. 3.3.3. The approved Plat Amendment shall be deemed effective upon recordation in the records of Ada County. 3.3.4. Any Commercial Units created by such divisions shall contain not less than five hundred (500) square feet of area unless such smaller Commercial Unit is approved by the Board. 3.3.5. The Owner causing the division shall pay for all reasonable costs associated with the division, including the Plat Amendment. 3.3.6. Any Common Area or Limited Common Area created by such division shall be approved by the Association. 3.3.7. Any Common Area or Limited Common Area reduced by such division shall be approved by all of the Owners. 3.3.8. Other than as set forth in this Section 3.3, any division of a Unit shall be in accordance with other applicable local, state and federallaw requirements. Condominium Declaration for Bonito Condominium No.1. 6 C:\Doeurnents and Settings\JHovde\Loeal Settings\Temporary Internet FiIes\OLKB\Bonito Condo No I Dee. GPOZa.doc 3.4. Combination of Units. An Owner may physically combine the area or space of one (1) Unit with the area or space of one (1) or more adjoining Units. Such combination shall not prevent separate ownership of such combined Units in the future. The Association reserves the right to designate and convey to any Owner of such combined Units as additional Limited Common Area any walls, floors or other structural separations between Units so combined, or any space which would be occupied by such structural separations but for the combination of Units. Any reduction in the Common Area resulting from combining Units must be approved in writing by a majority vote of the Owners within the Project, and reflected in the required Plat Amendment. 3.5. Inseparability of Condominiums. No part of a Condominiwn, including, as applicable, any Limited Common Area, or of the legal rights comprising ownership of a such Condominiwn may be separated from any other part thereof during the period of Condominium ownership prescribed herein, so that each Unit and the undivided interest in the Common Area appurtenant to such Unit shall always be conveyed, devised, encwnbered, transferred and otheIWise affected only as a' complete Condominiwn and shall not be transferred in any way resulting in the division of the Condominiwn. Every gift, devise, bequest, transfer, encwnbrance, conveyance, or, other disposition of the Condominium or any part thereof shall be presumed to be a gift, devise, bequest, transfer, encumbrance or conveyance, respectively, of the entire Condominiwn together with all appurtenant rights, created by law or this Condorniniwn Declaration. 3.6. Partition Not Permitted. The Common Area shall be owned in common by all of the Owners, and no Owner may bring any action for the partition thereof, or otherwise devise, bequest, transfer, encwnber or convey Common Area. Further provided that corridors and restrooms situated in a portion of the Building serving a single Owner may be allocated by the Association for the exclusive use of, and be maintained by, that Owner, and shall be deemed to be a part of the Owner's Unit. 3.7. Taxes and Assessments. Each Owner shall execute such instruments and take such actions as may reasonably be specified by the Association to obtain separate real property tax assessments of the interest of each Owner in each Condominiwn. If any taxes or special district or other assessments may, in the opinion of the Association, nevertheless, be a lien on the Proj ect or any part thereof, the Association shall pay the same and assess the same to the Owner or Owners responsible therefore. Each Owner shall pay the taxes and assessments assessed against the Owner's Condominium. 3.8. Owner's Rights with Respect to Interiors. Each Owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise maintain, refmish and decorate the interior surfaces of the walls, ceilings, floors, windows and doors forming and within the interior boundaries of the Owner's Unit, provided that window Condominium Declaration for Bonito Condominium No.1 - 7 C:\Documents and Settings\JHovde\LocaI Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dec - GP02a.doc coverings which are visible from the exterior of the Building shall maintain a professional appearance consistent with other window coverings in the Building. 4. EASEMENTS 4.1. Easements for Encroachments. If any part of the Common Area encroaches or shall hereafter encroach upon a Unit or Units, an easement for such encroachment and for the maintenance of the same shall and does exist. If any part of a Unit encroaches or shall hereafter encroach upon the Common Area, or upon an adjoining Unit or Units, an easement for such encroaclunent and for the maintenance of the same shall and does exist. Such encroachments shall not be considered encwnbrances on the Common Area or the Units. Encroachments referred to herein include, but are not limited to encroaclunents caused by settling, rising or shifting of the earth under the Building, or by changes in position caused by repair or reconstruction of the Building or any part thereof. 4.2. Easements of Access for Repair. Maintenance and Emergencies. Portions of the Common Area are or may be located within the Units or may be conveniently accessible only through the UnIts. The Owners shall have the irrevocable right, to be exercised by the Association, as their agent, to have access to each Unit and to all Common Area from time to time during such reasonable hours (after normal business hours if possible) as may be necessary for the maintenance, repair or replacement of any of the Common Area located therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the Common Area or to another Unit or Units. The Association shall also have such right independent of any agency relationship. Damage to the interior of any part of a Unit or Units resulting from the maintenance, repair, emergency repair or replacement of any of the Common Area or as a result of emergency repairs within another Unit at the instance of the Association or of any Owner shall be an expense of all of the Owners; provided, however, that if such damage is the result ofthe negligence of an Owner or such Owner's invitees or licensees, or the lessees of a Unit, then such Owner shall be financially responsible for all of such damage. Such damage shall be repaired and the Building shall be restored to substantially the same condition as existed prior to damage. Amounts owing by Owners pursuant hereto shall be collected by the Association as an Assessment pursuant to Article 8 herein. 4.3. Owner's Right to Ingress. Egress and Support. Each Owner shall have the right of ingress and egress over, upon and across the Common Area necessary for access to and from the Owner's Condominium, and shall have the right to the horizontal and lateral support of the Owner's Condominiwn, and such rights shall be appurtenant to and pass with the title to each Condominiwn. In exercising the rights granted in this Section, each Owner agrees to use commercially reasonable efforts to avoid interference with the access to and operation of businesses located in other Condominiwns. 4.4. Association's Right to Use of Common Area. The Association shall have a nonexclusive easement to make such use of the Common Area as may be necessary or appropriate to perform the duties and functions which it is obligated Condominium Declaration for Bonito Condominium No.1 - 8 C:\Doeuments and Settings\JHovde\Loeal Settings\Temporary Internet Files\OLKB\Bonito Condo No I Dee - GP02a.doc or permitted to perform pursuant to this Declaration, including the right to grant utility easements, alter the Common Areas, and construct and maintain maintenance and storage facilities in the Common Area for use by the Association. 4.5. Declarant's Right Incident to Construction. Declarant and its agents shall have the right to ingress and egress over, upon and across the Common Area, the right to store materials thereon and to make other use thereof as may be reasonably necessary or incident to completion of development and construction of the Building and Units shown on the Plat and the completion of all Units for use and occupancy. In addition, Declarant shall have the right to access each Unit from time to time during such reasonable hours as may be necessary or incident to completion of development and construction of the Building and all Units for usc and occuponcy. 4.6. Easements Deemed Created. All conveyances of Condominiwns hereafter made, whether by the Declarant or otherwise, shall be construed to grant and reserve such easements as shall give effect to Sections 4.1, 4.2, 4.3, 4.4 and 4.5 above, even though no specific reference to such easements or to those Sections appear in any such conveyance. 5. DESCRIPTION OF A CONDOMINIUM Every contract for the sale of a Condominiwn and every other instrwnent affecting title to such Condominiwn shall describe that Condominiwn by the Unit shown on the Plat with appropriate reference to the Plat and to this Declaration, as each appears on the records of Ada County, Idaho, in the following manner: "Unit _ as shown on the Bonito Condominium No. 1 final plat recorded in the records of Ada County, Idaho, as Instrument No. , as the same may be amended or supplemented from time to time." Such description shall be construed to describe the Condominiwn interest, together with the appurtenant undivided interest in the Common Area, and to incorporate all rights incident to ownership of a Condominiwn interest and all the limitations on such Ownership as described in the Condominium Docwnents or any amendments or supplements thereto, whether or not so specified in the instrwnent. 6. MECHANIC'S LIEN RIGHTS No labor performed or services or materials furnished with the consent of or at the request of any Owner or the Owner's agent, contractor or subcontractor shall be the basis for the filing of a lien against the Building or any other Owner, or the Common Areas unless such other Owner or the Association, in writing, has expressly consented to or requested the performance of such labor or furnishing of such material or services. Such express written consent shall be deemed to have been given by the Owner in the case of emergency repairs. Labor performed or services or materials furnished for the Building, if duly authorized by the Association, shall be deemed to be performed or furnished with the express consent of each Owner. Any Owner may Condominium Declaration for Bonito Condominium No_ 1 - 9 C:\Documents and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a,doe remove the Owner's Condominium from a lien against two or more Condominiums or any part thereof by payment to the holder of a lien of the fraction of the total sum secured by such lien which is attributable to the Owner's Condominium. 7. BONITO CONDOMINIUM NO.1 OWNERS ASSOCIATION . 7.1. Creation. This Declaration designates and authorizes the creation of the Bonito Condominium No.1 Owners Association as a non-profit corporation under the laws of the State of Idaho. ,The Association shall be organized by the Declarant and operated by the Board to carry out and enforce the terms, covenants, conditions, restrictions and provisions of this Declaration with respect to the Project. 7.2. Membership. Every Owner shall be entitled and required to be a member of the Association. Except as otherwise provided in Section 7.3, there shall be one membership in the Association for each Condominium; provided, however, that if title to a Condominium is held by more than one person in an undivided interest, or by a partnership or a corporation or other entity, one membership shall be shared by such persons in the same proportionate share and by the same type of tenancy in which title to the Condominium is held and said Owner shall notify the Association of the designated representative who shall have authority to act and upon whom notice may be served. No person or entity other than an Owner may be a member of the Association, and the Articles and/or Bylaws ofthe Association shall so state and shall in addition state that the memberships in the Association may not be transferred except in connection with the transfer of a Condominium or portion thereof. Provided, however, that the rights of membership may be assigned to a Mortgagee as further security for a loan secured by a lien on a Condominium or to any person or organization that has assumed by contract, or otherwise, liability for paying assessments of any Owner. 7.3. Voting Rights. The Association shall have two (2) classes of membership. 7.3.1. Class A Members. Class A Members shall include all Owners. Class A Members shall not be entitled to vote in the Association until such time as the Class B Member ceases to exist. Following the Class B Member Termination Date (as defined below), each Class A Member shall be entitled to one (1) vote per Condominium. Notwithstanding anything to the contrary, when a Condominiwn has more than one (1) Owner, the vote for such Condominium shall be exercised as determined by the Condominium's Owners, but in no event shall the Condominium be entitled to more than one (1) vote. 7.3.2. Class B Members. The Class B member shall be the Declarant. The Class B Member shall have the exclusive right to elect and appoint the Board and shall be the sole voting Member of the Association until the Class B Member Termination Date. Upon the earlier of (i) five (5) years after the substantial completion of the construction of the Building, or (ii) the date the Class B Member does not own any of the Units, the Class B Member shall be Condominium Declaration for Bonito Condominium No.1 - 10 C:\Documents and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a,doe tenninated and shall cease to exist. This date may be referred to as the "Class B Member Termination Date." 7.3.3. Voting in Other Associations. Any voting rights attributed to the Property in any association created under the Master Declaration shall be cast by the president of the Association or any other officer designated by the Association in accordance with the terms and conditions set forth in the Articles and Bylaws. 7.4. Transfer. Except as otherwise expressly stated herein, any of the rights, interests and obligations of the Association set forth herein or reserved herein may be transferred or assigned to any other, person or entity; provided, however, that no such transfer or assignment shall relieve the Association of any of the obligations set forth herein and no such transfer or assignment shall revoke or change any of the rights or obligations of any Owners as set forth herein. 7.5. Powers and Duties of the Association. 7.5.1. Powers. The Association shall have all the powers of a non-profit corporation organized under the general non-profit corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Condominiwn Docwnents as the same may be amended from time to time, and is hereby designated the "Management Body" as provided in the Condominiwn Act. The Association shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under the Condominium Docwnents and necessary or proper for, or incidental to the proper management, operation and administration of the Project, including, without limitation: 7.5.1.1. Assessments. The power to levy Assessments on the Owners of Condominiums and to force payment of such Assessments. 7.5.1.2. Right of Enforcement. The power and authority from time to time in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Condominiwn Docwnents, including the Association Rules as defined herein and adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. 7.5.1.3. Delegation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to any person, firm or corporation to act as the Management Body, and specifically the authority to delegate its powers and duties to a management firm pursuant to a management agreement; provided, however, that any delegation of the Association's powers and duties may be revoked upon thirty (30) days written notice to such management firm. Neither the Association nor the members of the Board shall be liable for any omission or improper exercise by any person or entity to whom any such duty or power has been delegated. Condominium Declaration for Bonito Condominium No.1 - 11 C:\Doeuments and Settings\JHovde\Local Settings\Temporary Internet FiIes\OLKB\Bonito Condo No 1 Dee ~ GP02a.doe 7.5.1.4. Association Rules. The power to adopt, amend and repeal by majority vote of the Board the Association Rules as the Association deems reasonable. The Association shall govern the use of the Common Area by the Owners, their invitees, licensees, lessees, occupants, and contract purchasers of Owners, it being understood that the Association Rules shall apply equally to all Owners and shall not be inconsistent with the Condorniniwn Docwnents. A copy of the Association Rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if they were set forth in and were part of this Declaration. In the event of any conflict between the Association Rules and any other provision of the Condominium Docwnents, the provisions of the Association Rules shall be deemed to be superseded by the provisions of the Condominiwn Docwnents to the extent of any such inconsistency. 7.5.1.5. Emergency Powers. The power to enter upon any Unit as necessary in connection with any maintenance or construction for which it is responsible, or when necessitated by violation of the Declaration or Association Rules, or in the event of any emergency involving illness or potential danger to life or property and may take corrective action. Such entry shall be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Association, except as otherwise provided herein. 7.5.1.6. Licenses. Easements and Ril:z:hts-of-Wav. The power to grant and convey to any third party such licenses, easements and rights-of-way in, on or llllder the Common Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Project and for the preservation of health, safety, convenience and welfare of all the Owners, for the purpose of constructing, erecting, operating or maintaining: 7.5.1.6.1. Underground lines, cable, wires, conduits or other devices for the transmission of electricity or electronic signals for lighting, heating, power, telephone, television, other utility services and above-ground lighting structures, meters and other facilities associated with the provision of lighting emu ::;e;:rvices; 7.5.1.6.2. Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes; and 7.5.1.6.3. Sidewalk abutments, landscaping within Common Areas, and/or land conveyed for any public or quasi-public purpose. 7.5.1.7. Miscellaneous Services. The power to obtain and pay for the services of any person or entity to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper operation of the Project, whether such personnel are furnished or employed directly by the Association or by any person or entity with whom or which it contracts. The Association may arrange with others to furnish electrical, water, sewer, trash collection services, and other common services to each Condominium, and may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Project or the enforcement of this Declaration. This shall include, without limitation, the payment of Condominium Declaration for Bonito Condominium No. 1 - 12 C:\Documents and Settings\JHovde\Loeal Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a.doc services performed in, on, or to the Common Area which are prorated among Owners under the Master Declaration. 7.5.1 .8. Property for Common Use. The power to acquire and hold for the use and benefit of all of the Owners, or for the benefit of only those Owners within a particular Condominium, tangible and intangible personal property and real property and may dispose of the same by sale or otherwise, and the beneficial interest in any such property shall be deemed to be owned by the 'Owners in the same proportion as their respective interest in the Common Area. Such interest shall not be transferable except with the transfer of a Condominiwn. Each Owner may use such property in accordance with the purpose for which it is intended, without hindering or encroaching upon the lawful rights of other Owners. 7.5.1.9. Implied Rights. Notwithstanding the foregoing, the Association may exercise any other right or privilege given to it expressly by this Declaration or by law, and every other right or privilege reasonable to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege. 7.5.2. Duties of the Association. In addition to the power delegated to it by the Condominiwn Documents, the Association or its agents shall have the obligation to conduct all business affairs in connection with the management and operation of the Building and to perform, without limitation, each of the following duties, the cost of which shall be allocated as provided in Article 8: 7.5.2.1. Operation and Maintenance of Common Area. Operate, maintain and otherwise manage or provide for the operation, maintenance and management of the Common Areas not operated and maintained by any other association pursuant to the Master Declaration, including the repair and replacement of property damaged or destroyed by casualty loss and all other property acquired by the Association, and the same in a good, clean, attractive and sanitary condition, order and repair, and to pay for all operation and maintenance of Common Areas provided pursuant to the Master Declaration. 7.5.2.2. Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied against the Common Area, if any, owned and managed by the Association or against the Association and any property owned by the Association and all such taxes shall be paid or a bond insuring payment posted prior to the sale or the disposition of any property to satisfy the payment of such taxes. In addition, the Association shall pay all other taxes, federal, state or local, including income or corporate taxes levied against the Association in the event that the Association is denied the status of a tax exempt corporation. 7.5.2.3. Water and Other Utilities. Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas, and other necessary services for the Common Area owned or managed by it. 7.5.2.4. Insurance. Obtain, from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the policies of insurance described in Section 12.1 hereof Condominium Declaration for Bonito Condominium No.1 - 13 C:\Documents and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a.doc 7.5.2.5. Reserve Account. Establish and fund a reserve account with a reputable banking institution or savings and loan association or title insurance company authorized to do business in the State of Idaho, which reserve account shall be dedicated to the costs of repair, replacement, maintenance and improvement of the Common Area. Any and all amounts used to fund the reserve account shall be considered a common expense and a portion of the Association's budget and charged as an Assessment to the Owners. Notwithstanding the foregoing, the Association may elect not to establish a reserve account, and may elect to charge the costs of any such repair, replacement, maintenance or improvement as a Special Assessment against the Units at the time such costs are incurred. 7.5.2.6. the Association Rules. Rulemaking. Make, establish, promulgate, amend and repeal 7.6. Meetings of the Association. The Association shall hold an annual meeting and special meetings all as provided for in the Bylaws. 8. ASSESSMENTS 8.1. Covenant to Pay Assessments. By acceptance of a deed to any Condominiwn, each Owner of such Condominiwn thereby covenants and agrees to pay when due all Assessments or charges made by the Association against such Owner pursuant to the provisions of this Declaration. Assessments shall begin to accrue with respect to a Condominium upon the date of recordation of the deed for such Condominiwn. 8.2. Rate of Assessment. All Owners shall be responsible for Regular Assessments and Special Assessments levied by the Association, including any and all assessments identified in the Master Declaration and levied against the Property, in proportion to their percentage ownership interest in the Common Area, as set forth on Exhibit C. 8.3. Assessment Constitutes Lien. The Assessments and charges together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the Building and shall be a continuing lien upon the Condominiwn against which each such Assessment or charge is made. 8.4. Assessment is Personal Obligation. Each of the Assessments, together with interest, costs and reasonable attorneys fees, shall also be the personal obligation of the Owner of the Condominium at the time such Assessments fall due. The personal obligation for delinquent Assessments shall not pass to such Owner's successors in title unless expressly asswned by them but shall remain such Owner's personal obligation regardless of whether he remains an Owner. Notwithstanding the foregoing, a Condominium Declaration fOf Bonito Condominium No, 1" 14 C:\Documents and Settings\JHovde\Loeal Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee" GP02a.doc purchaser of a Condominium shall be jointly and severally liable with the seller for all unpaid assessments against the Condominiwn up to the time of grant or conveyance without prejudice to the purchaser's right to recover from the seller the amount paid by the purchaser for such Assessments. 8.5. Regular Assessments. 8.5.1. Purpose of Regular Assessments. The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by the Association, including legal and attorneys' fees and other professional fees, for the conduct of its affairs as provided in Article 7, including without limitation the costs and expenses of construction, improvement, protection, maintenance, repair, management and operation of the Common Area, including Common Area maintenance costs which arc prorated among Owners pur:mant to the Master Declaration, or furnishing utility services and other common services to each Unit, and an amount allocated to an adequate reserve fund to be used for repairs, replacement, maintenance and improvement of those elements of the Common Area, or other property of the Association that must be replaced and maintained on a regular basis (collectively the "Expenses"). Declarant and/or the Association reserves the right to separately meter utility services provided to each Condominium, and in such event the Owner of the Condorniniwn shall be responsible for the costs of providing utilities for the Owner's individual use at such Owner's cost and expense. 8.5.2. Computation of Regular Assessments. The Association shall compute the amount of its Expenses on an annual basis. The Board shall compute the amount of Regular Assessments owed beginning the first day of the third month following the month in which the closing of the first sale of a Condominiwn occurs in the Building ("Initiation Date"). Thereafter, the computation of Regular Assessments shall take place not less than thirty (30) nor more than sixty (60) days before the beginning of each fiscal year of the Association. Notwithstanding the foregoing, the computation of Regular Assessments shall be completed in good faith and shall be valid upon completion. The computation of the Regular Assessments for the period from the Initiation Date until the beginning of the next fiscal year shall be reduced by an amount which fairly reflects the fact that such period wa::> Ie::>::> than one year. 8.6. Special Assessments. In the event that the Board shall determine that the Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of the Association for any reason, including, without limitation, costs of construction, reconstruction, unexpected repairs or replacement of improvements upon the Common Area, attorneys fees and/or litigation costs, other professional fees, or for any other reason, the Board shall determine the approximate amount necessary to defray such Expenses and levy a Special Assessment. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 8.7. Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, the Association may levy a Limited Assessment against an Owner and/or.such Owner's Unit as a remedy to reimburse the Association for costs incurred in bringing the Owner and/or such Owner's Unit into compliance with the provisions ofthe Condominiwn Docwnents, for damages Condominium Declaration for Bonito Condominium No. 1 - 15 C:\Documents and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No I Dee - GP02a.doe caused by the Owner or any person or entity occupying a Unit with such Owner's consent to any Common Area or any other portion of the Property or for otherwise providing any goods or services benefiting less than all Owners or such Owners' Units. 8.8. Notice and Assessment Due Date. Notice of any Regular and Special Assessment shall be sent to the Owners subject thereto, or the person occupying such Owner's Condorniniwn on a monthly basis. Each monthly installment of the Regular Assessment or Special Assessment shall become delinquent ifnot paid within ten (10) days after the Board's delivery of notice thereof to the Owner or the person occupying a Condominium. There may accrue, at the Board's discretion, with each delinquent installment payment a late charge equal to ten percent (10%) of the delinquent installment. In addition, each installment payment which is delinqucnt for morc than twcnty (20) days may accrue, at the Board's discretion, interest at the lessor of (i) eighteen percent (18%) per annum or (ii) the maximwn rate allowed by law calculated from the date of delinquency to and including the date full payment is received by the Association. The Association may bring an action against any delinquent Owner and may foreclose the lien against such Owner's Condominium as more fully provided herein. 8.9. Estoppel Certificate. The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Owner is in default under the provisions of this Declaration, and further stating the dates to which any Regular and Special Assessments have been paid by the Owner. Any such certificate delivered pursuant to this Section may be relied upon by any prospective purchaser or mortgagee of the Owner's Condominiwn. Reliance on such Certificate may not extend to any default as to which the signor shall have had no actual knowledge. 9. ENFORCEMENT OF ASSESSMENTS; LIENS 9.1. Right to Enforce. The Association has the right to collect and enforce its Assessments, including any late charges and/or interest accrued thereon pursuant to the provisions hereof. Each Owner shall be deemed to covenant and agree to pay each and every Assessment provided for in this Declaration, including any late charges and/or interest accrued thereon, and agrees to the enforcement of all Assessments in the manner herein specified. In the event an attorney or attorneys are employed for the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Owner agrees to pay reasonable attorneys' fees and costs, including the costs and expenses for any lien releases, in addition to any other relief or remedy obtained against such Owner. The Board or its authorized representative may enforce the obligations of the Owners to pay such Assessments by commencement and maintenance of a suit at law or in equity, or the Board may exercise the power of foreclosure and sale pursuant to this Section to enforce the liens created pursuant to this Section. A suit to recover a money judgment for an unpaid Assessment shall be maintainable without foreclosing or waiving the lien hereinafter provided. Condominium Declaration for Bonito Condominium No, 1 - 16 C:\Documents and Settings\lliovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No I Dee - GP02a.doc 9.2. Assessment Liens. 9.2.1. Creation. There is hereby created a claim of lien with power of sale on every Condominium to secure payment of any and all Assessments levied against such Condominiwn pursuant to this Declaration together with interest thereon at the maximum rate permitted by law and all costs of collection which may be paid or incurred by the Association making the Assessment in connection therewith, including reasonable attorneys' fees. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on such respective Condominium upon recordation of a notice of assessment with the Ada County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recordation of the notice of assessment except for tax liens for real property taxes on any Condominium and any assessment on any Condominium in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 9.2.2. Notice of Assessment. Upon default of any Owner in the payment of any Assessments issued hereunder, the Association may cause to be recorded in the office of the Ada County Recorder a notice of assessment. The notice shall state the amount of such assessment and other authorized charges (including the cost of recording such notice), a sufficient description of the Condominiwn against which the same have been assessed, and the name of the record Owner thereof. Each assessment shall constitute a separate basis for a notice of assessment, but any number of Assessments may be included within a single notice. Upon payment to the Association of such Assessment and charges in connection therewith or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction and the release of the lien thereof. The Association may demand and receive the cost of preparing and recording such release before recording the same. 9.3., Method of Foreclosure. Such lien may be foreclosed by appropriate action in court or by sale by the Association, its attorney or other person authorized to make the sale. Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise of powers of sale in deeds of trust or any other manner permitted by law. The Board is hereby authorized to appoint its attorney, any officer or director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure. 9.4. Required Notice. No action may be brought to foreclose the lien created by recordation of the notice of assessment, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such notice of assessment has been deposited in the United States mail, certified or registered, postage prepaid, to the Owner described in such notice of assessment, and to the person in possession of such Condominiurn(s) and a copy thereof is recorded by the Association in the.Ada County Recorder's Office. 9.5. Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein in cOlll1ection with a given Condominium shall not be subordinate to the lien of any Mortgage except the lien of a first Condominium Declaration for Bonito Condominium No.1 - 17 C:\Documents and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No I Dee - GPOZa.doe Mortgage given and made in good faith and for value that is of record as an encumbrance against such Condominium prior to the recordation of a claim of lien for the Assessments. Except as expressly provided in this Section with respect to a first Mortgagee who acquires title to a Condominiwn, the sale or transfer of any Condominiwn shall affect neither the Assessments lien provided for herein, nor the creation thereof by the recordation of a notice of assessment, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Declaration. 9.6. Rights of Mortgagees. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of a Mortgagee under any Mortgage upon a Condominium made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after the foreclosure of any such Mortgage such Condominium shall remain subject to this Declaration as amended. In the event a Mortgagee obtains title to any Condominium by any method permitted under law and/or pursuant to all remedies provided in this Declaration, and/or pursuant to any provisions in the Mortgage, such Mortgagee will not be liable for any unpaid dues or charges assessed against such Condominium prior to the acquisition of title to such Condominiwn by such Mortgagee. Further, upon obtaining title to any such Condominium, such Mortgagee shall have the unrestricted right to exercise any vote as may be attributable to such Condominium in any meeting of the Association or otherwise. Any encwnbrancer holding a lien on a Condominium may pay, but shall not be required to pay, any amounts secured by the lien created pursuant to this Section, and upon such payment such encwnbrancer shall be subrogated to all rights of the Association with respect to such lien, including priority. 10. RIGHTS TO COMMON AREAS 10.1. Use of Common Area. Every Owner shall have a nonexclusive right and easement to use the Common Area (exclusive of Limited Common Area, if any) and an exclusive or semi-exclusive right to use Limited Common Area designated for exclusive or semi-exclusive use by the Owner, which shall be appurtenant to and shall pass with the title to every Condominium, subject to the following prOVISIOns: 10.1.1. Assessments. The rights of the Association to levy Assessments as provided herein and the payment by an Owner of all such Assessments; and 10.1.2. Association Rules. The right of the Association to establish and enforce such Association Rules as the Association deems proper regarding the Project and use of Common Area. Condominium Declaration for Bonito Condominium No.1 - 18 C:\Documents and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a.doe 10.2. Delegation of Right to Use. Any Owner may delegate, in accordance with the respective Condominium Documents, the Owner's reasonable right of enjoyment to the Common Area to the Owner's licensees, invitees and lessees, or contract purchasers with a right of use of such Condominium. 10.3. Damages. Each Owner shall be liable for any damage to any Common Area, which may be sustained by reason of the negligence or willful misconduct of the Owner and such Owner's guests, invitees and/or licensees, for expenses for corrective action necessitated by violation of the Declaration or Association Rules or for any damage to the Common Area which may be sustained by reason of the Owner's guests, invitees or licensees. Tn the case of joint ownership of a Condominium, the liability of such Owners shall be joint and several. The cost of corrective action shall be assessed as a Limited Assessment against the Condominium and may be collected as provided herein for the collection of other Assessments. lOA. Maintenance of Exterior Common Areas. All exterior Common Areas and all improvement thereon shall be operated and maintained by the Association pursuant to Section 6.3 of the Supplemental Declaration, including parking areas, common seepage beds, storm sewers or related storm drainage facilities and the exteriors of buildings, but excluding landscaping which shall be the obligation of the Bonito No.3 Owners Association. 11. USE OF CONDOMINIUM 11.1. Use and Ownership Restrictions. As a condition to any use or occupancy of all or any portion of the Project, each Owner shall be subject to the use restrictions contained in the Master Declaration. 11.2. Use of Common Area. There shall be no obstruction of the Common Area, nor shall anything be stored on any part of the Common Area without the prior written consent of the Association. Nothing shall be altered on, constructed in, or removed from, the Common Area except upon the prior written consent of the Association. 11.3. Prohibition of Damage and Certain Activities. Nothing shall be done or kept in any Unit or in the Common Area or any part thereof which would result in the cancellation of or increase in the rate of the insurance on the Project or any part thereof over what the Association, but for such activity, would pay, without the prior written consent of the Association or which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. No damage to, or waste of, the Common Area or any part thereof shall be committed by any Owner, licensee, guest, or other occupant, or any invitee of any Owner, and each Owner shall indemnify Condominium Declaration for Bonito Condominium NO.1 - 19 C:\Doeuments and SettingsVHovde\Loeal Settings\Temporary Internet Files\OLKB\Bonito Condo No I Dee - GP02a.doe and hold the Association and the other Owners harmless against all loss resulting from any such damage or waste caused by Owner, Owner's invitees, licensees, or guests, provided, however, that any invitee, licensee or guest of an Owner shall not under any circwnstahces be deemed to be an invitee of any other Owner. No noxious, destructive or offensive activity shall be carried on in any Unit or in the Common Area or any part thereof and nothing shall be done therein which may be or may become an annoyance or nuisance to any other Owner or to any person at any time lawfully occupying the Building. 11.4. Rules and Regulations. No Owner, or such Owner's guests, invitees or licensees shall violate the Association Rules. 1l.S. Maintenance ofInteriors. Each Owner shall maintain and pay the costs of keeping the interior of the Owner's Unit, including, without limitation, interior walls, windows, glass, ceilings, floors and permanent fixtures and appurtenances thereto, in a clean, sanitary and attractive condition, and good state of repaIr. 11.6. Structural Alterations. No structural alterations to any Unit shall be made and no plumbing, electrical or similar work within the Common Area shall be done by any Owner without the prior written consent of the Association. 11.7. Shmage. Each Owner shall have the right to erect identification sign(s) or similar signage identifying the business or names of the individuals conducting business in the Unit in accordance with the terms and conditions of the Master Declaration. 12. INSURANCE 12.1. Tvpes ofInsurance. The Association shall obtain and keep in full force and effect at all times the following insurance coverage provided by companies duly authorized to do business in Idaho. The provisions of this Section shall not be construed to limit the power or authority of the Association to obtain and maintain insurance coverage, in addition to any insurance coverage required hereunder, in such amounts and in such forms as the Association may deem appropriate from time to time. 12.1.1. Casualty Insurance. The Association shall obtain insurance on the Building in the amount of the full replacement value thereof in the event of damage or destruction from the casualty against which such insurance is obtained. Such insurance shall include fire and extended coverage, vandalism and mischief, and such other risks and hazards against which the Association shall deem appropriate to provide insurance protection. The Condominium Declaration for Bonito Condominium No.1 - 20 C:\Documents and SettingsVHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a.doc Association may comply with the above requirements by the purchase of blanket coverage and may elect such "deductible" provisions as in the Association's opinion are consistent with good business practice. 12.1.2. Public Liability and Property Damage Insurance. The Association shall purchase broad form comprehensive liability coverage in such amounts and in such forms as it deems advisable to provide adequate protection. Coverage shall include, without limitation, liability for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance and other use of the Building. 12.1.3. Workmen's Compensation and Employer's Liability Insurance. The Association shall purchase workmen's compensation and employer's liability insurance and all other similar insurance in respect to employees of the Association in the amounts and in the forms now or hereafter required by law. 12.1.4. Fidelity Insurance. The Association shall purchase in such amounts and in such forms as it shall deem appropriate coverage against liability of its officers and directors, dishonesty of employees, destruction or disappearance of money or securities, and forgery. 12.2. Optional Insurance. The Association may obtain the following types of insurance coverage, but it is not required to do so. 12.2.1. Personal Property Casualty Insurance. The Association may in its discretion obtain insurance on the personal property and furnishings initially placed in any Units by Declarant, if any, upon completion of construction of the Building in the amount of the full replacement value thereof in the event of damage or destruction from casualties against which such insurance is obtained. 12.2.2. Casualty and Public Liability Insurance. The Association may in its discretion obtain casualty and public liability,insurance coverage, in amounts it may select, with respect to an Owner's activities within each Unit. 12.2.3. Other. The Association may obtain insurance against such other risks, of a similar or dissimilar nature, as it shall deem appropriate with respect to the Building, including any personal property of the Association located thereon. 12.3. Form. Casualty insurance shall be carried in a form or forms naming the Association the insured as trustee for the Owners, which policy or policies shall specifY the interest of each Owner (Owner's name, Unit nwnber, and the appurtenant undivided interest in the Common Area) and which policy or policies shall provide a standard loss payable clause providing for payment of insurance proceeds to the Association as trustee for the Owners and for the respective first Mortgagees which from time to time shall give notice to the Association of such Mortgages, such proceeds to be used in accordance with this Declaration. Each policy shall also provide that it Condominium Declaration for Bonito Condominium No.1. 21 C:\Doeuments and SettingsVHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a.doc cannot be canceled by either the insured or the insurance company until after ten (10) days prior written notice is first given to each Owner and to each first Mortgagee requesting such notice. The Association shall furnish to each Owner and to Declarant a true copy of such policy together with a certificate identifying the interest of the Owner. All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Owner guilty of breach of warranty, act, omission, negligence or noncompliance with any provision of such policy, including payment of the insurance premiwn applicable to that Owner's interest or who permits or fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would othelWise invalidate or suspend the entire policy. All policies of insurance shall provide further that the insurance under any such policy as to the interest of all other insured Owners not guilty of any such breach of warranty, act, omission, negligence or noncompliance with any provision of such policy shall not be invalidated or suspended and :shall remain in full force and effect. Public liability and property damage insurance shall name Declarant and the Association as the insured, with the Association as trustee for the Owners, and shall protect each Owner against liability for acts of the Association in connection with the ownership, operation, maintenance or other use of the Building and/or the Project, as applicable under the circwnstances. 12.4. Owner's Responsibility. Insurance coverage on any furnishings initially placed in the Unit by Declarant, and regardless of the Association's election, insurance coverage against loss from theft on all personal property and insurance coverage on items of personal property placed in a Unit by Owner, shall be the responsibility of the respective Owners. 12.5. Insurance Proceeds. The Association shall receive the proceeds of any casualty insurance payments received under policies obtained and maintained pursuant to this Section, except Sections 12.4 and 12.6 hereof. The Association shall apportion the proceeds to the portions of the Building which have been damaged. To the extent that reconstruction is required herein, the proceeds shall be used for such purpose. To the extent that reconstruction is not required herein and there is a determination that the Building shall not be rebuilt, the proceeds shall be distributed in the manner set forth in Section 13.8. Each Owner and each Mortgagee shall be bound by the apportionments of damage and of the insurance proceeds made by the Association pursuant hereto. 12.6. Owner's Own Insurance. Notwithstanding the provisions of Sections 12.1 and 12.2 hereof, each Owner may obtain insurance at the Owner's own expense providing coverage upon the Owner's Condominium, personal property, personal liability, and/or covering such other risks as the Owner may deem appropriate, but each policy shall provide that it does not diminish the insurance carrier's coverage for liability arising under insurance policies which the Association obtains pursuant to this Article 12. All such insurance on the Owner's Condominiwn shall waive the insurance company's right of subrogation against the Association, the other Owners, and the servants, Condominium Declaration for Bonito Condominium No. I - 22 C:\Documents and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No I Dee - GP02a.doc agents and guests of any of them, if such insurance can be obtained in the normal practice without additional premiwn charge for the waiver of rights of subrogation. 13. CASUALTY, DAMAGE OR DESTRUCTION 13.1. Affects Title. Title to each Condominium is hereby made subject to the terms and conditions of this Article 13, which bind the Declarant and all subsequent Owners, whether or not it be so expressed in the deed by which any Owner acquires a Condominiwn. 13.2. Association As Agent. All of the Owners irrevocably constitute and appoint the Association their true and lawful attorney-in-fact in their name, place and stead for the purpose of dealing with the Building upon its damage or destruction as hereinafter provided. Acceptance, by any grantee of a deed from the Declarant or from any Owner shall constitute such appointment. 13.3. General Authoritv of Association. As attorney-in-fact for the Owners, the Association shall have the right and power to make, execute and deliver any contract, deed, or other instrument associated with the receipt of insurance proceeds for damage or destruction to the Building and the repair and replacement of the improvements. "Repair and replacement of the improvements" as used in this Declaration means restoring the Building, including the site improvements, equipment and facilities therein, to substantially the same condition in which they existed prior to damage, with each Unit and the Common Area having substantially the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be available to the Association for the purpose of repair or reconstruction unless the Owners and all first Mortgagees unanimously agree not to rebuild in accordance with the provisions set forth hereinafter. 13.4. Estimate of Costs. As soon as practicable after an event causing damage to, or destruction of, any part of the Project, the Association shall obtain estimates that it deems reliable of the costs of repair or reconstruction of that part of the Project damaged or destroyed. 13.5. Repair or Reconstruction. As soon as practicable after receiving these estimates, the Association shall diligently pursue to completion the repair or reconstruction of that part of the Project damaged or destroyed. Provided, however, in the event fifty percent (50%) or more of the Project has been damaged or destroyed, the Association's obligation and/or right to rebuild the Project shall be subject to Declarant's prior written approval, such approval to be in Declarant's sole discretion. The Association may take all necessary or appropriate action to effect repair or reconstruction, as attorney-in-fact for the Owners, and no consent or other action by any Owner shall be necessary in connection therewith. Such repair or reconstruction shall be in accordance with the original plans and specifications of the Project or may be in accordance with any other plans and Condominium Declaration for Bonito Condominium No.1 - 23 C:\Documents and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a.doe specifications the Association may approve, provided that in such latter event the number of cubic feet and the nwnber of square feet of any Unit may not vary by more than five percent (5%) from the number of cubic feet and the number of square feet for such Unit as originally constructed pursuant to such original plans and specifications, and the location of the Units shall be substantially the same as prior to damage or destruction. 13.6. Funds for Reconstruction. The proceeds of any insurance collected shall be available to the Association for the purpose of repair or reconstruction. If the proceeds of the insurance are insufficient to pay the estimated or actual cost of such repair or reconstruction, the Association, pursuant to Section 8.6 hereof, may levy in advance a Special Assessment sufficient to provide funds to pay such estimated or actual costs of repair or reconstruction. Such Special Assessments shall be allocated and collected as provided in that Section. Further levies may be made in like marmer if the amounts collected prove insufficient to complete the repair or reconstruction. 13.7. Disbursement of Funds for Repair or Reconstruction. The insurance proceeds held by the Association and the amounts received from the assessments provided in Section 13.6 constitute a fund for the payment of costs of repair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for the cost of repair or reconstruction shall be made from insurance proceeds; if there is a balance after payment of all costs of such repair or reconstruction, such balance shall be distributed to the Owners in proportion to the contributions by each Owner pursuant to the Assessments by the Association under Section 13.6 of this Declaration. 13.8. Decision Not to Rebuild. If all Owners and all holders of first Mortgages on Condominiwns agree not to rebuild, as provided herein, and/or Declarant's decision not to rebuild as provided in Section 13.5, the Proj ect shall be sold. The sale proceeds shall be apportioned among the Owners in the same proportions as their share of theCornrnon Area as provided in Exhibit C; and such apportioned proceeds shall be paid into separate accounts, each such account representing one (1) Condominium. Each such account shall remain in the name of the Association, and shall be further identified by the Condominium designation and the name of the Owner. From each separate account the Association, as attorney-in-fact, shall use and disburse the total amount of such accounts without contribution from one account to the other, first to Mortgagees and other lienors in the order of priority of their Mortgages and other liens, and the balance remaining to each respective Owner. 14. CONDEMNATION 14.1. Consequences of Condemnation. If at any time or times during the continuance of the condominium ownership regime pursuant to this Declaration, all or any part of the Project shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. Condominium Declaration for Bonito Condominium No.1 - 24 C:\Documents and SettingsVHovde\Loeal Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a.doe 14.2. Proceeds. All compensation, damages or other proceeds therefrom, the swn of which is hereinafter called the "Condemnation Award," shall be payable to the Association. 14.3. Complete Taking. In the event that the entire Building is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the condominiwn ownership regime pursuant hereto shall terminate. The Condemnation Award shall be apportioned among the Owners in the same proportions as their share of the Common Area as provided in Exhibit C, provided that if a standard different from the value of the Building as a whole is employed to measure the Condemnation Award in the negotiation, judicial decree or otherwise, then in determining such shares the same standard shall be employed to the extent it is relevant and applicable. On the basis of the principle set forth in the preceding paragraph of this Section 14.3, the Association shall as soon as practicable determine the share of the Condemnation Award to which each Owner is entitled. Such shares shall be paid into separate accounts and disbursed as soon as practicable in the same manner provided in Section 13.8 of this Declaration. 14.4. Partial Taking. In the event that less than the entire Building is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the condominiwn ownership regime hereunder shall not terminate. Each Owner shall be entitled to a share of the Condemnation Award as set forth herein. As soon as practicable the Association shall, reasonably and in good faith, allocate the Condemnation Award between compensation, damages or other proceeds and shall apportion the amounts so allocated among the Owners as follows: 14.4.1. Allocation to Common Area. The total amount allocated to taking of or injury to the Common Area shall be apportioned among the Owners in the same proportions as their shares of the Common Area as provided in Exhibit C; 14.4.2. Allocation to Condominiwns. The total amount allocated to severance damages shall be apportioned to those Condorniniwns which were taken or condemned as follows: (a) the respective amounts allocated to the taking of or injw-y to a particular Unit and/or improvements an Owner has made within his own Unit shall be apportioned to the particular Unit involved; and (b) the total amount allocated to consequential damages and any other takings or injuries shall be apportioned as the Association determines to be equitable in the circumstances. If an allocation of the Condemnation Award is already established in negotiation, judicial decree, or otherwise, then in allocating the Condemnation Award the Association shall employ such allocation to the extent it is relevant and applicable. Distribution of apportioned proceeds shall be made in the same manner provided in Section 13.8 of this Declaration. 14.5. Reorganization. In the event a partial taking results in the taking of a complete Unit, then, upon the distribution of such Owner's apportioned proceeds, the Owner thereof automatically shall cease Condominium Declaration for Bonito Condominium No.1 - 25 C:\Documents and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a.doc to be a member of the Association. Thereafter the Association shall re-allocate the ownership, voting rights and assessment ratio determined in accordance with this Declaration according to the same principles employed in this Declaration at its inception and shall submit such re-allocation to the remaining Owners for approval and amendment of this Declaration as provided in Section 16.1.2 hereof. 14.6. Reconstruction and Repair. Any Reconstruction and Repair necessitated by condemnation shall be governed by the procedures specified in Section 13.5 above. 15. INSPECTION OF AN ASSOCIATION'S BOOKS AND RECORDS 15.1. Member's Right of Inspection. The membership register, books of account and minutes of meetings of the Board and committees of the Association shall be made available for inspection and copying by any Member of said Association or by such Member's duly appointed representatives, at any reasonable time and for a purpose reasonably related to such Member's interest as a Member at the office of the Association or at such other place as the Board of such Association shall prescribe. No Member or any other person, excluding Declarant, shall copy the membership register for the purposes of solicitation of or direct mailing to any Member of the Association. 15.2. Rules Regarding Inspection of Books and Records. The Board shall establish reasonable rules with respect to (1) notice to be given to the custodians of the records by the persons desiring to make the inspection; (2) hours and days of the week when such an inspection may be made; and (3) payment of the cost of reproducing copies of docwnents requested by an Owner. 15.3. Director's Rights ofInspection. Every director of the Board shall have the absolute right at any reasonable time to inspect all books, records and docwnents of the Association, and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extracts and copies of docwnents. 16. MISCELLANEOUS 16.1. Amendment. 16.1.1. By Declarant. Except as provided in Section 16.2, until the recordation of the first deed to a Condominium; the provisions of this Declaration may be amended, modified, clarified, supplemented, added to or terminated (collectively "Amendment") by the Declarant by recordation of a written instrwnent setting forth such Amendment. 16.1.2. By Owners. Except as provided in Section 16.2, after the recordation of the first deed to a Condominium, any Amendment to this Declaration, other than to this Section Condominium Declaration for Bonito Condominium NO.1. 26 C:\Doeuments and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a.doe 16.1.2, shall be by an instrwnent in writing signed and acknowledged by the president and secretary of the Association certifying and attesting that such Amendment has been approved by the vote or written consent of Owners representing more than fifty percent (50%) of the total votes which may be cast by all of the Members, except where a greater percentage is required by express provision in this Declaration, and such Amendment shall be effective upon its recordation with the Ada County Recorder. Any Amendment to this Section 16.1.2 shall require the vote or written consent of Owners holding ninety-five percent (95%) of the total votes which may be cast by all of the Members. 16.1.3. Effect of Amendment. Any Amendment of this Declaration approved in the manner specified above shall be binding on and effective as to all Owners notwithstanding that such Owners may not have voted for or consented to such Amendment. Such Amendment may add to and increase the covenants, conditions, restrictions and easements applicable to the Project but shall not prohibit or unreasonably interfere with the allowed uses of such Owner's Condominium which existed prior to the said amendment. 16.2. Mortgage Protection. Upon written request to the Association from any holder, insurer or guarantor of any first Mortgage stating both its name, address and the Unit nwnber or address of the Unit on which it has its first Mortgage, said holder, insurer, or guarantor of a first Mortgage encumbering a Unit shall be entitled to notice ofthe following: Any condemnation or casualty loss that affects either a material portion of the Building or a Unit encumbered by such first Mortgage; Any sixty (60) day delinquency in the payment of Assessments or charges owed by the Owner of any Unit on which it holds a first Mortgage; A lapse, cancellation, or material modification of any insurance policy maintained by the Association; and Any proposed action that requires the consent of a specified percentage of eligible Mortgage holders. 16.3. Notices. Any notices permitted or required to be delivered as provided in this Declaration shall be in writing and may be delivered either personally, by fax or by mail. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited in the United States mail, first class, postage prepaid, addressed to the Declarant, any Owner, mortgagee or person at the address given by such person, individual or entity to the Association for the purpose of service of such notice, or if no address has been given to the Association or to the address of such Declarant, any Owner, mortgagee, or person as contained in the Ada County tax assessor's rolls. Such Owner's address may be changed by the Owner from time to time by notice in writing to the Association. Condominium Declaration for Bonito Condominium No. 1 - 27 C:\Documents and SettingsVHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dec - GP02a.doc 16.4. Enforcement and Non-Waiver. 16.4.1, Right of Enforcement. Except as otherwise provided herein, the Association, any Owner or Declarant shall have the right to enforce any and all of the provisions hereof against any Unit and against the Owner or Owners thereof. 16.4.2. Violations and Nuisances. The failure of any Owner of a Unit to comply with any provision hereof, or with any provision of the Condominiwn Documents, is hereby declared a nuisance and will give rise to a cause of action in Declarant, the Association or any Owner for recovery of damages or for negative or affirmative injunctive relief or both. 16.4.3. Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within the Project is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement procedures set forth in this Declaration and any or all enforcement procedures in law and equity. 16.4.4. Remedies Cwnulative. Each remedy provided herein is cumulative and not exclusive. 16.4.5. Non-Waiver. The failure to enforce any of the provisions herein at any time shall not constitute a waiver of the right to enforce any such provision. 16.5. Interpretation. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of the Project. This Declaration shall be construed and governed under the laws of the State ofIdaho. 16.5.1. Restrictions Construed Together. All of the provisions hereof shall be liberally construed together to promote and effectuate the fundamental concepts of the development ofthe Project as set forth in the recitals to this Declaration. 16.5.2. Restrictions Severable. Notwithstanding the provisions of the foregoing Section 16.5.1, each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 16.5.3. Singular Includes Plural. Unless the context requires a contrary construction; the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. 16.5.4. Captions. All captions, titles and the table of contents used in this Declaration are intended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. Condominium Declaration for Bonito Condominium No. I - 28 C:\Documents and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No I Dec - GP02a_doc 16.6. Owner's Obligations Continue. All obligations of the Owner under and by virtue of the provisions contained in this Declaration shall continue, notwithstanding that such Owner. may have leased, rented or entered a contract of sale of his interest as provided herein, but the Owner of a Condominium shall have no obligation for expenses or other obligations accruing after the Owner conveys such Condominium. 16.7. Exhibits. All recitals contained herein and the exhibits attached hereto are incorporated herein as if set forth in full herein. However, in the event of any conflict between any exhibit and the text of this Declaration, the Declaration shall control. 16.8. Successors and Assigns. All references herein to Declarant, Owners, Members and the Association shall be construed to include all successors, assigns, partners and authorized agents of Declarant, Owners, Members, and the Association. [End of Text] Condominium Declaration for Bonito Condominium NO.1 - 29 C:\Documents and SettingsVHovde\LoeaI Settings\Temporary Internet FiIes\OLKB\Bonito Condo No 1 Dee - GP02a.doe This Declaration is executed effective this day of 2006. Wm. David Evans Caroline F. Evans STATEOFIDAHO ) ) ss. County of Ada ) On this day of ,2006, before me, a Notary Public in and for the State of Idaho, personally appeared William David Evans, known or identified to me to be the person whose name is subscribed to the within instrwnent, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My commission expires: STATEOFIDAHO ) ) ss. County of Ada ) On this day of ,2006, before me, a Notary Public in and for the State of Idaho, personally appeared Caroline F. Evans, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My commission expires: Condominium Declaration for Bonito Condominium No.1. 30 C:\Documents and SettingsVHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 1 Dee - GP02a.doe The undersigned holder of a recorded security interest in the Property hereby consents to the recordation of the Plat and this Declaration. [DRAFTING NOTE: ARE THERE ANY RECORDED SECURITY INTERESTS ON TillS PROPERTY?] Condominium Declaration fOf Bonito Condominium No.1 - 31 C:\Doeuments and SettingsVHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No I Dee - GP02a,doe EXHIBIT A-I Plat Exhibit A-I C:\Documents and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No I Dec - GP02a.doc " ~ ~~ ~ Ii "II I ~ .... ~ .... :- " \ \ \ \ \ \ ol~+" .o~ 11'\' ~ ~ 11\ \ P III I'll I ,I!: \ l~i\~~~~~\ \\\\\: ~ ~ ! ~ L\ i ~ \: \ \ \ ~ ! . li ~ ~ \~ ~ \'! ~:lI ~ S.~" .. ~ SI ~ ~ ~ ~ i\ ~ \ i \ ~ \ . ~ ~ ~~$ 9~ii~ ~~; ~ ~l~ i~~ !~ i~ii~ ~ ~~~ ~~~~~~~lgi~1~~~G~~~ ~~~ aili'!: · Ii'. ~%~ ,. ~~~U ! !t. ?t~. i.~i.~~"! 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Q:j ~ ~ Cj 8 ~ ~ ~ ~ ~ ~ ""~S1H ll~ l'\~ ~~ ~ ~ ~ il irrt ~~ ~ ~ ; ~ ~ :j~ <;:; ~ ~~P~I ~~ ~ ~ ~"''i~'''~ ';:;- ~ ~ t'i!~~~'i1 j.; ~ ~I I ~ ~! 1;:1 ~ ~ ~\1 ~E ~ ig ~ehi'l~ ~ <3 ~ii:~Ii;~.," ~ ~ ii;~~~ ~ ~ ~ ~~~ip ~ i 6 ~I~~j~ I I Ili;l) i i ill. ~ ~ ~ f.4 ~ .,., EXHIBIT A-2 Legal Description Exhibit B C:\Docurnents and SettingsVHovde\Local Settings\Ternporary Internet Files\OLKB\Bonito Condo No I Dec- GP02a.doc PROJECT: 04107 DATE: November 21,2006 PAGE: 1 of 1 TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHIN DEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 . FAX 208-323-2399 boise@toengrco.com EXIllBIT "A-2" Legal Description Lot 16, Block 1, "Bonito Subdivision No.3" A parcel ofland located in the NE 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being all of Lot 1 G, Block 1, Buuilu S ubdi vision No. 3, filed in book 94 of plats, at pages 11520-11522, records of Ada County, Idaho, more particularly described as follows: COMMENCING at the 1/4 comer common to Sections 20 and 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as referenced by Comer Perpetuation ,and FilingRecord Instrument No. 103204073, from which the comer common to Sections 16, 17,20 and 21, as referenced by Comer Perpetuation and Filing Record Instrument No.1 03135428, bears N.00014'30''E., 2651.87 feet; thence, along the latitudinal centerline of said Section 20, A) S.89054'36"W., 2664.08 feet to a point marking the center-of Section 20; thence,Jeavil1g said centerline, R) N.80053'43 "E., 1680.52 feet to the northwesterly corner of Lot 16, of said, Bonito' Subdivision No.3, on a curve on the southerly right-of~way line of East Copper Point Drive, marking the POINT OF BEGINNING, thence along said right-of-way line, 1) Southeasterly along a curve to the left, having a radius of237.00 feet, an arc length of 62.27 feet, through a central angle of 15003'14" and a chord bearing and distance of S.68054'44"E., 62,09 feet; thence, leaving said right-of-way line, along the exterior boundary of said Lot 16 the following courses: 2) S.OooOO'OO"W., 123.57 feet to the southeasterly corner of said Lot 16; thence, 3) N.90000'00"W., 57.94 feet to the southwesterly corner of said Lot 16; thence, 4) N.00oOO'03"E., 145.90 feet to the POINT OF BEGINNING. CONTAINING 0.18 acres, more or less. SUBJECT TO: All Covenants, Rights, Rights-of-Way, Easements of Record, and other encumbrances. G:\04101\WPFILESILegoi DescriptionslEXHA-Lot 16, BLl< I-DESc.doc BOISE · COEUR d'ALENE . CALDWELL j i i EXlDBIT B Articles of Incorporation Exhibit B C:\Documents and Settings\JHovde\Loeal Settings\Temporary Internet Files\OLKB\Bonito Condo No I Dee - GP02a.doc EXHIBIT C Percentage of Ownership Interest Proportionate Interest in Common Areas Unit # % Interest in Common Areas and Voting Rights 1 % 2 % 3 % Exhibit C C:\Documents and Settings\JHovde\LocaI Settings\Temporary Internet Files\OLKB\Bonito Condo No I Dec - GP02a.doc