HomeMy WebLinkAboutBonito Condominium No. 2 SHP App
Hearing Date: January 2, 2007 (consent agenda)
File No.:
SHP-06-013
Project Name: Bonito Condominium No.2 Short Plat
Request:
Location:
Short Plat approval for 21 condominium units on 2 lots in a C-G zone by WM
David Evans.
3023 E. Copper Point Drive in the NE ~ of Section 20, T.3N., R.IE.
RECEIVED
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Type of Review Requested (check all that apply)
Planning Department
ADMINISTRATIVE REVIEW APPLICATION
o Accessory Use
o Alternative Compliance
o Certificate of Zoning Compliance
o Conditional Use Pennit Minor Modification
o Design Review
o Private Street
o Property Boundary Adjustment
ell Short Plat
o Temporary Use Certificate of Zoning Compliance
o Time Extension (Director)
o Vacation
o Other
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Applicant Information
Applicant name: W /14 Cd t/} 1 d ~Q ,-'\ .5 .
Applicant~ddress: /"76/ /1/ ;(j;,n~1~;~a I &J~~J'IJ
Applicant's interest in property: .2 Own 0 Rent 0 Optioned 0 Other
Owner name: 4/':01;" """'- 11, 1/ ,.J L--;"'4 ~ S
Owner address: 776 J L.t../ ~'v~rr~:Jp Or, &;.rfl rn
Agent name.5;? architect, engineer, developer, represe~tative):. e /lJ ; I'le e r
Firm name:,..&20 it. i'Y14 t/\ --5; t '- E",. Y1~~ r 1 1\0
Address: "777"7 CJ., /.;1 ~.... r/:f!J/cl ~OJ~#:. TD ~
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Phone: ~3. ))03
Zip: ~J7/Y
Phone: ~ l. IJ.O S
Zip: a-;r}/y>
Phone: ~ d-.S. ).)...% ~
Zip: JS.3 )It!
Primary contact is: 0 Applicant 0 zner I%Agent 0 Other
Contact nam:: .::r:rc"7 4'\1 .
E-mail: I ho LlJ~ @ 1:::J e ^J r C L!J. c. 0 101.....
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Phone :3 ;;..~. cl.. d... ~ 8'
Fax: .3" J.. 3'. Ol.~ 79
Subject Property Information .
Location/street address: ;36/., 1'-.30 lJ..::J E C~p, Ih / II't i O/'.
Assessor's parcel nmnber(s): R /0 ;;t d... / ~O 0 )0
Township, range, section: r.;f~.R. JE,. See d-O Total acreage: cJ. {;;l S
Current land use: L/ ot t2 a "'"'-7 Current zoning district: C'" G
660 E. Watertower Lane, Suite 202 . Meridian, Idaho 83642
Phone: (208) 884-5533 . Facsimile: (208) 888-6854 . Website: WW)V.meridiancity.org
1 (RIN- 9/21/06)
Project Descri don
Project/subdivision name:
General description of proposed project/request:
.
M" J t:9
Proposed zoning district(s): IV //1
,
Acres of each zone proposed: ~
Type of use proposed (check all that apply):
o Residential J;J Coonnercial 0 Office 0 Industrial 0 Other
Amenities provided with this development (if applicable): ~.z.ll
Who will own & maintain the presswized irrigation system' this development
Which irrigation district does this ptope~ lie within?
PrimaIy irrigation source: ..J ;- ~r.. ,- J'z~d I r r .- Seconda1'y:
,
Square footage of landscaped areas to be irrigated (ifprimaryor secoDdaly poiDt of cormectiCll is City water):
'i': DJ~7
.Residential Project Summary (it applicable) ~
Number ofresidential units: Number of building lots:
Number of common and/or other lots:
Proposed nwnber of dwelling units (for multiwfamily developmentS only):
1 Bedroom: 2 or more Bedrooms:
Minimum square footage of 51rUCture(S) (eX{,ll. garage): Proposed building height:
Minimum property size (s.t); A vemge propeJ:ty sire (s.f.):
Gross density (DUfaae-totall*lld): Net density (D{]/acre-~cl.uding roads &. 1Il1eys);
Percentage of open space provided: Acreage of open space:
Percentage of useable open space: (See Chapter 3, Artide G. for qualified open space)
Type of open space provided in acres (Le., landscaping, public. common, etc):
Type of dwe-llwg(s) proposed: 0 Singlewfamily 0 Townhomes 0 Duplexes 0 Multi-family
NOD~residcntial Project Summary (If applicable)
Nuniber of building lots:,( 1#,1. -,J. ) un it'S Other lots:
Gross floor area proposed: d- 011 7 J..'t:: -Existing (if applicable):
Hours of operation (days and hours): _ .._- ~1"1.-'\ Buildingheigb.t: 3~~S81
Percentage of site/project devoted to the following:
Landscaping: ~ Building: ~ Paving: ~
Total nwnber of employees: AM Maximum number of employees at any one time: ~
Number and ages of students/children (if applicable): -1'/A Seating capacity: N.44
Total number ofparking spaces provided: .. Number of compact spaces provided:
A uthorizati on
Print applicant name:
.-::y Applicant signature: Date: bl- ( -0 f-
660 E. Watertower Lll.lI8, Suite 202 . Meridian. Idaho 83642
Phone: (208) 884--5533 . Facsimile: (208) 888~68S4 . Website: ,www.meridiancity.org
2
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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
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.2, 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 0.523-acres, on 2 lots with 21 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 Subdivision No.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,
TOOTHMAN-ORTON ENGINEERING COMPANY
~v~
BOISE . COEUR d'ALENE . CALDWELL
PROJECT: 04107
DATE: November 21,2006
PAGE: 1 of 1
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
EXlUBIT "A-2"
Legal Description
Lots 18 and 19, Block 1, "Bonito Subdivision No.3"
A parcel of land located in the E 1/2 of Section 20, Township 3 North, Range 1 East, Boise Meridian,
City of Meridian, Ada County, Idaho, being all of Lots 18 and 19, Block 1," B011ito 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 Section corner of Sections 20 and 21, Township 3 North, Range 1 East,
Boise Meridian, City of Meridian, Ada County, Idaho, as referenced by Comer Perpetuation and
Filing Record 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. 103135428, bears
N.00014'30"E., 2651.87 feet; thence, along the east-west centerline of Section 20,
A.) S.89054'36"W., 729.47 feet to the westerly line of said Lot 19; thence,
B.) N.08025'58"W., 25.96 feet to the southwesterly comer of said Lot 18, and the POINT OF
BEGINNING; thence, continuing along the westerly line of said Lot 18,
1) N.08025'58"W., 85.01 feet to the northwesterly corner of said Lot 18; thence,
2) N~82014'OO"E., 94.07 feet to the northeasterly corner of said Lot 18; thence,
3) 8.06034'02"E., 85.02 feet to the southeasterly comer of said, Lot 18; thence, continuing,
4) S.06034'02"E., 152.64 feet to the southeasterly corner of said Lot 19; thence, along the
southerly line of said Lot 19, the following courses:
5) 8.60042' 18"W., 40.89 feet to beginning of a tangent curve; thence,
6) Southwesterly along a curve to the right, having a radius of200.00 feet, an arc length of
49.66 feet, through a central angle of 14013'34" and a chord bearing and distance of
S.67049'05"W., 49.53 feet to the southwesterly line of said Lot 19; thence, along the
westerly line of said Lot 19,
1) N.08025'58"W., 179.96 feet to the POINT OF BEGlNNING.
CONTAINING 0.52 acres, more or less.
SUBJECT TO: All Covenants, Rights, Rights-of-Way, Easements of Record, and ot
D:::'
Q..
G:I04107\WPFILESILegal DeseriptionslEXliA-Lot 18-19. Bue I-DESC,doe
BOISE . COEUR d'ALENE . CALDWELL
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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 F of 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 85. 55' 46" West 206.07 feet to a point; thence
North 00. 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 45.49' 59", a radius of 237.00
feet, and a long chord bearing South 84.18' 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 460 48' 12", a radius of 463.00
feet, and a long chord bearing South 830 48' 57" East 367.78 feet to a point; thence
South 00. 00' 00. East 158.70 feet to a point; thence
South 900 00' 00" West 18.09 feet to a point; thence
South 00. 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 29. 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 60. 42' 38" West 121.50 feet to a pOint of curve; thence
along a curve to the right, said curve having a central angle of 3:3.21' 35", a radius of 200.00
feet, and a long chord bearing South 77.23' 26" West 114.81 feet to a point; thence
North 85. 55' 46" West 26.15 feet to the point of beginning;
EXCEPTI NG THEREFROM all of Lot 3 in said Block 1.
Exhibit A
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AMOUNT 6.DD
2
ADA COUKTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02/114JUS 05:00 PM \ I11I
DEPUTY Palll Thompson 11I1111111I1111I111111I1111I1111
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:
fe.f)((.4.c..r(f 4., ~oeS--
State of Idaho )
) 55.
County of Ada )
By
JeffW
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 o>>~c. H. Moore as principal on behalf of Kimball Properties Limited
Partnership, a partnership in w~K~al is a partner, and his own name as attomey in fact, and
that said partnership execute~l;:-'':'?4-' xf2 - it.
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AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
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COUNTY OF ADA )
I, /(//N al//) ;;-vavtS
Lft' (name)
I? I S~
(city)
77hl E /e/vers.,'de OrJtve.
-r / / (address)
2'.-/q~<1
(state)
being flISt duly sworn upon, oath, depose and say:
1 , That I am the record owner of the property described on the attached, and I grant my
pennission to:
J;o/~Md" O;t;,,,.. /fir ;l1eer:" ~
_ (name)
. 97/7 CA,:nc4'1 IJ/v/ t1o)~e..liJ 8'37/'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 application.
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
:2'i#t- day of AI tJ\J L'l'L- ~
,20
{Jlp
LJ,,- PJ r-r~
(Signature)
SUBSCRIBED AND SWORN to before me the day and year fust above written.
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PRE-APpirCAl'ION :MEET?J'TGNOTES - DArE: OCh biy '~1r)lJp'
llppli=*Jftll& -Gi;~ ~1,i-. . ." . .
Eugineer/Architect/Planne1:: -rlxrj1v lAM - rJv--f-rJY:1-ffttf'n. an'/N{...- QJ .
&& , & . d
o ro
o. (p Ir-If. I
_ ,r-::f- . f
Pt?!,o,ed ~ (fJ / A
fV1 r/<=U1 l-J/$.-e... I O\a-l.
, ForPlats ~.
P<operty ~ Number OfUni"':Z j(J Dwelliog Type,
;=. ... ~Zi~~!v~~ I
Ptessuttzed Ittigiltio:O.:
.stteetBUtfet:s: ..:2 *s.1~
Opet1 Space & Nfiexopaths:
L~dsCl.pe Pla.:o.:
Lot Size & Ftontage:
Topography:
HyCttology:
Street System: .
Pathway Syste.o:c
PxoposedD
Location: - 0Yu.:::
Reguited Applications:
fuisting Zotting:. C - ~
. Comprehensive Plan Designatio:O.:
-~
.:o.the't Applications
o A:tt:oe:x:ation
tJ Rezone
. '0 Conditio:O.al Use Pettnit
o Varia:o.ce
o Lot Line Adjusttne:o.t
o Co:tnp.teh~sive Plan Atuenc1ment
.- . AppJicatioD. Checklist Rev.iew
9thet .Agen.cies to Conta.tt
Additional Notes: fH: r"~10+ res~<c--h~
---~~1ftfz.~ U,~~
Additio~al Pre-application Conference:
- JG , Not xeco:tru:ueo.ded Reco:tntneo.ded
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f1 <.. ,,' A/r..Jo." r\ A ~/u-/--'(CZPfnJK.
Atl:!icipated Pl~:tJ:t1i.ng & Zo:tritJ.g Date: lffi--vVt U-L it~ .' 1ft .
2S;f--t fv ~ (Pit?) .".
. '. ~ ....: ~ ".
. Requited
Atxtlcipated Submission Dat~'
.. .... :,:,.::;;i.~:t.~~~~~:;~~~;~"~
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. ~ /Tbe itgOriutlfi'on prom'clt:d during tbis mgi:ting is b4J(J(f {P07J tblJ cmrmt ag qfll1eTiditln Zoning &
. . SfibJivis/on OnlinanclJ cmd applicable r;:~o.preb(J1J.S'i1/1J P ltln cmd is vali'd fir 3.17Io11tbJ'~ A1!J' fflbsetjlli1Jt "... . _' . "
...-: cb~g6i to mil Zoning or S7tbdivision. Qj'itP,#Jo/ :O~ r;:qijip-nibe1i!tv{J 1: lap ifI'!Y iffi~ YOf/! app}i'catioJ!- : _ .:.: .;.:.:~2~i:;~~:,~':..:::;~i~~~~.
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Page 1 of2
Frisbie, Steve
From: David Couch [dscouch@adaweb.net]
Sent: Wednesday, November 29, 2006 10:00 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.netldevserv/survey/Rsubname htm
Check out the list of subdivision names at: http://ww\NadawebnetJdevservlsurvey/subnames.htm
From: Frisbie, Steve [mailto:sfrisbie@toengrco.com]
Sent: Tuesday, November 28, 2006 11 :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 Condominium No.1
2) Bonito Condominium No.2
11-29-2006
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, In 83714..2008
323-2288 tele
323-2399 fax
This message is confidential, engineer..clientlwork 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.
11-29-2006
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PRELIMINARY
CONDOMINIUM DECLARATION FOR
BONITO CONDOMINIUM NO.2
CONDOMINIUM DECLARATION FOR
BONITO CONDOMINIUM NO.2
1. RECITALS................. ........ ...... .......... ....... .................. ....... ............. ..................... ........ ...... .... 1
1.1. THE PROPERTY COVERED..............__......h...........__............__.....hhu..........h..........h....... 1
1.2. CONDOMINIUM OWNERSHIP. ..... h....... .h.. ...... h............. __....... __h........ __ .____...h.. ............. 1
1.3 . DECLARATION. .... ...... ........... ....... ... .... ..... ...... .......... ........ ...... ... ..... ........ ................. ...... 1
1.4. MASTER DECLARATION.... ...... ........ ...... .... ... ..... ................ ..... ................ ..... ........ ... ... .... 1
2. D EFINITI 0 N S....................................................................................................................... 2
2 .1. ARTICLES. ................. h.... .. . . . h... .. . . . h.. .. . .. ... . ...... .......... .... . . h . . .. ... .... h __.. ..... ...... . .... ... h ... 2
2.2. ASSESSMENT. --............... ...... .................. ...... ............. ............. __ ......... __..... ....... __ .......... h 2
2.3 . ASSOCIATION. .... .... ... :.... ...... ................ ... ...... .......... ......... ....... .......... ... ............ ......... ... 2
2.4. ASSOCIATION RULES. ..... ...... ..h... ....... __......... h..... .....h..... ........ .......... __ __........ h __.. ........ 2
2.5. BOARD. .............. ............................ .h. __............. ....... __ .......... u. ........... __..... ......... ........h 2
2.6. BUILDING. ..h......... .h.... ...... __.... .....h..................... .h............ h.. ....... h __....... ...h..... ......... 3
2.7. BYLAWS. ....... ...................h ..... ...... ..:....... h........... h.... ....... __... ...... .h....... ....... __..........h. 3
2.8. COMMON AREA. ..... ..........h........... h. .................... .................. ......... ..........h __ __ ......... h.. 3
2.9. CONDOMINIUM. ........ ...... .... .............. .... ... ...... .... ............ ......... ... .......... ... ......... ...... ... .... 3
2.10. CONDOMINIUM ACT. .... h __.. .......h. __......... h.... .....h...... ...... h..u... ...... __u __...... .h. __ __......... 3
2.11. CONDOMINIUM DOCUMENTS. .......--...........h......................h.U...........u..........h............. 3
2.12. DECLARANT................ ...... ....... .... __.... .................. ...h__..... ...h..... ..........__......... ...... ....... 3
2.13. LESSEE. ...h........................ h............h................... ....... ........... ...................................... 3
2.14. LIMITED ASSESSMENT. ........ h... .......... __...... ................ ...h..... ......h __. .......... h __.. ......... __.. 3
2.15. LIMITED COMMON AREA.....h............... __................ ....... __...... ..... __ __. ......... ...__u ......... h.. 4
2.16. MEMBER....... --.... ...... __......... hU........ ...h __.... ...... ...... ....... h..... ......h __. __........ h __u.. ........h. 4
2.17. MORTGAGE.. ...... ...... __....... ...h..... ...... ......... ........ h" ................ ................ ....... h.. ........... 4
2.18. MORTGAGEE.. __.......... h. .... ................................. .... ....u.... ....... __............. .u.........h.__ ..... 4
2.19. OWNER. ..... ................... h............ .......... ...... ................ hU" ....... __. __ __........h..__..... ....h..... 4
2.20. PLAT............ ............. ................... ...... h. __........ h __.... .....h.u.. __...... h __. ...... .....hu.. ............ 4
2.21. PLAT AMENDMENT. h............ h. --........ ......... ...... ...... ....... ......... ......... h.. __........... h .......... 4
2.22. PROJECT. ... h........... --.......................................................... h............... u....................... 4
2.23. PROPERTY... h....... .... h.............................. h....... ...................... __ .......... __..__ __. __. ......h__... 5
2.24. REGULAR ASSESSMENT. .... ................ ..... ........ --..............u..........h __........ ...... __.. u.... ...... 5
2.25. SPECIAL ASSESSMENT. ...................... .............................................. __ __.. ........... h __........ 5
2.26. UNIT. ..h....... .................................... h................... ................................... ......... h.......... 5
3. NATURE AND INCIDENTS OF CONDOMINIUM OWNERSHIP .............................. 5
3.1. ESTATES OF AN OWNER. .. ............ .... h h.u.. .......... h .u............ h..__.__.... ..hh......... .........h.. 5
3.2. TITLE.............. ....... h. u............. __...............u.. ...........h __...... ........ __..... ....h.h __ __............... 5
3.3. RIGHT TO DIVIDE UNITS...... ................. .................. ....................__ h.. ........... .hh.... ........ 5
3 .4. COMBINATION OF UNITS. ........ ....... h... __ ......................... h...... ........... __ __...... ....... h........ 7
3.5. INSEPARABILITY OF CONDOMINIUMS. m--..........hh..............hm..........h.m..............__.... 7
3 .6. PARTITION NOT PERMITTED. ...... __u..... ...h.. ..... .... ...... __........... __..__....... .h...u __u.......... h. 7
3.7. 'T AXES AND ASSESSMENTS. ......... ..... __. u..... ......... .............................__....... ......... __........ 7
3.8. OWNER'S RIGHTS WITH RESPECT TO INTERIORS. .........................h.__...........h.m........... 7
Table of Contents ~ i
4. EASEMENTS ..... ................................. .... ... .... .... .... ............... ... ... ......... ...... ...... ....... ......... ..... 8
4.1. EASEMENTS FOR ENCROACHMENTS. .........................:.................................................. 8
4.2. EASEMENTS OF ACCESS FOR REPAIR, MAINTENANCE AND EMERGENCIES. ..................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. MECHAN! C' S LIEN RIGHT S ......... ........................... ...................... .............. .... .... ....... ..... 9
7. BONITO CONDOMINIUM NO.2 OWNERS ASSOCIATION ....................................10
7 .1. CREATION. . ..... .... ......... ............ ..... ....... ....... ...... .... ..... ..... ..... ..... .......... .... ... ..... ... ........ 10
7 .2. MEMBERSHIP. ................ ........... .......... ................... ............... ............................. ......... 10
7.3 . VOTING RIGHTS. ....... ......................................... .................. ....... ...................... ......... IO
7.4. TRANSFER. .... .......... ..... ............ ............ .................................. ..... ..................... .......... 11
7.5. POWERS AND DUTIES OF THE ASSOCIATION. .............................................................. 11
7.6. MEETINGS OF THE ASSOCIATION. ...... ....... ........... ....... ............. ....... ..................... ....... 14
8. AS SESSMENTS ................................... ................ ......................... .............. .............. ..... ..... 14
8.1. COVENANT TO PAY ASSESSMENTS. ....... ...... ..... ........... ................. ........... ..... ............... 14
8.2. RATE OF ASSESSMENT................. ................ ........................... ................ ....... ...... ....... 14
8.3. ASSESSMENT CONSTITUTES LIEN. ......... ............. ........................ .......... ............ .......... 14
8.4. ASSESSMENT IS PERSONAL OBLIGATION. ................................................................... 14
8.5. REGULAR ASSESSMENTS. ............. .................... .... ......... ...................... ............ ........... 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 COMMON 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 COMMON 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 .............. .... ............... .... ..................... ...... ...... ...................... ..... ............. ..... 20
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. OWNER'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 AUTHORITY OF ASSOCIATION. ...................................................................23
13 .4. ESTIMATE OF COSTS. .. ................ ...... ........ ....... .............. ................................. ...... ...... 23
13.5 . REPAIR OR RECONSTRUCTION. ... ......... ...................... ........................ ......................... 23
13.6. FlJNDS FOR RECONSTRUCTION. ..... ......... ......... ................................ .......... ........ ......... 24
13.7. DISBURSEMENT OF FUNDS FOR REPAIR OR RECONSTRUCTION. .................................. 24
13.8. DECISION NOT TO REBUILD. ........ '" .......... .... ....... ............ ..... ..... ................ ..... ............ 24
14. CO ND EMN A TI ON ............... ...... ...... ......... ............................ .......................... .............. 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. MIS CELLANE 0 US ............. ..,. ....... ....................... ........ .......... ..................,.......... ,........ 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 Conunon Areas
CONDOMINIUM DECLARATION FOR
BONITO CONDOMINIUM NO.2
THIS CONDOMINIUM DECLARATION FOR BONITO CONDOMINIUM NO.2 (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.2 recorded on the _ day of , 2006, as Instrument Number ,
Records of Ada County, a copy of which is attached hereto as Exhibit A-I 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 Condominium 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
condominium 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, encumbered, 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.2 - 1
C:\Docllments and Settings\JHovde\Local Settings\Temporary Internet FiIes\OLKB\Bonito Condo No 2 Dec - GP01.doc
Restrictions for El Dorado Business Campus, recorded on October 20, 2003, as Instrument 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 of Incorporation of the Bonito Condominium No.2 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 Condominium No.2 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.
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2.6. Bui1din~.
"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. Condominium.
"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. Condominium Act.
"Condominium 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. Condominium Documents.
"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 documents
and instruments as the same may be amended from time to time.
2.12. Declarant.
"Declarant" means William David Evans and Caroline F. 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
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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 instrument, 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 encumbered.
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 encumbered.
2.19. Owner.
"Owner" shall mean any person or entity, including Declarant, at any time owning a
Condominium. 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 Condominium No.2 final plat recorded in the real property
records of Ada County, Idaho, which is the plat as required by the Condominium 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 III Section 3.3 which upon due
recordation divides a Unit.
2.22. Project.
"Project" shall have the meaning set forth in Section 1.1.
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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 Proj ect 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 21 as depicted on the Plat,
comprising a Condominium 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, pumps 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 Condominiums, 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 ofthe Condominium Act is set forth in the attached Exhibit C.
3.2. Title.
Title to a Condominium 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 of Idaho.
3.3. Right to Divide Units.
Units may be further created and divided, subject to the following requirements and
limitations:
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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 number(s) for the Unites);
3.3.2.2. The exact dimensions and location of the original Unit being
divided and the exact dimensions and location of the divided Unites).
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 federal law requirements.
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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 Condominium, including, as applicable, any Limited Common Area, or of
the legal rights comprising ownership of a such Condominium 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, encumbered, transferred and otherwise affected only as a complete
Condominium and shall not be transferred in any way resulting in the division of the
Condominium. Every gift, devise, bequest, transfer, encumbrance, 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 Condominium together
with all appurtenant rights, created by law or this Condominium 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, encumber 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 Condominium. If any taxes or special district or other assessments may, in
the opinion of the Association, nevertheless, be a lien on the Project 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, refinish 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
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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 encroachment and for the maintenance of
the same shall and does exist. Such encroachments shall not be considered encumbrances on the
Common Area or the Units. Encroachments referred to herein include, but are not limited to
encroachments caused by settling, rising or shifting of the earth under the Building, or by
changes in position caused by repair or reconstruction ofthe 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 of the 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 ofthe Owner's Condominium, and such rights shall be appurtenant
to and pass with the title to each Condominium. 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 Condominiums.
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
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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 use and occupancy.
4.6. Easements Deemed Created.
All conveyances of Condominiums 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 Condominium and every other instrument affecting title to
such Condominium shall describe that Condominium 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.2 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 Condominium interest, together with
the appurtenant undivided interest in the Common Area, and to incorporate all rights incident to
ownership of a Condominium interest and all the limitations on such Ownership as described in
the Condominium Documents or any amendments or supplements thereto, whether or not so
specified in the instrument.
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
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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.2 OWNERS ASSOCIATION
7.1. Creation.
This Declaration designates and authorizes the creation of the Bonito Condominium
No.2 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 of the 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 Condominium 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
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tenninated and shall cease to exist. This date may be referred to as the "Class B Member
Termination Date."
7.3.3. V oting 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 ofIdaho subject
only to such limitations upon the exercise of such powers as are expressly set forth in the
Condominium Documents as the same may be amended from time to time, and is hereby
designated the "Management Body" as provided in the Condominium 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 Documents 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 Condominium Documents, 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 ofthe 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.
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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 Condominium
Documents. A copy of the Association Rules as they may from time to time be adopted,
amended or repealed, shall be mailed or othenvise 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 Documents, the provisions of the Association Rules
shall be deemed to be superseded by the provisions of the Condominium Documents 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 Rights-of-Way. The power to grant
and convey to any third party such licenses, easements and rights-of-way in, on or under 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 and services;
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
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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
Condominium. 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
Condominium 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.
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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 Condominium, each Owner of such Condominium
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 Condominium.
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 Condominium 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 assumed by them but shall remain such Owner's personal
obligation regardless of whether he remains an Owner. Notwithstanding the foregoing, a
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purchaser of a Condominium shall be jointly and severally liable with the seller for all unpaid
assessments against the Condominium 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 are prorated among Owners pursuant 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 Condominium 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 ofthe first sale of a Condominium 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 was less 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 of the Condominium Documents, for damages
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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 Condominium on a monthly basis. Each monthly
installment of the Regular Assessment or Special Assessment shall become delinquent if not 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 delinquent for more than twenty (20) days may
accrue, at the Board's discretion, interest at the lessor of (i) eighteen percent (18%) per annum or
(ii) the maximum 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 Condominium. 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.
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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
Condominimn pursuant to this Declaration together with interest thereon at the maximmn 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 Condominimn 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 Condominium 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 Condominium(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 connection with a given
Condominium shall not be subordinate to the lien of any Mortgage except the lien of a first
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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
Condominium, the sale or transfer of any Condominium 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 Condominium 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 encumbrancer 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 encumbrancer 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
provlSlons:
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.
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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. In 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.
10.4. 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
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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 circumstances 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.
11.5. Maintenance of Interiors.
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. Signage.
Each Owner shall have the right to erect identification signCs) 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
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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 Emplover'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 milne, Unit number, 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
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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 premium 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 otherwise
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
circumstances.
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 Condominimn,
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 Condominium shall waive the insurance
company's right of subrogation against the Association, the other Owners, and the servants,
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agents and guests of any of them, if such insurance can be obtained in the normal practice
without additional premium 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 Condominium.
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 Authority 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
Conunon 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
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specifications the Association may approve, provided that in such latter event the number of
cubic feet and the number 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 manner 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 Condominiums agree not to rebuild, as
provided herein, and/or Declarant's decision not to rebuild as provided in Section 13.5, the
Project shall be sold. The sale proceeds shall be apportioned among the -Owners in the same
proportions as their share of the Common 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.2. 24
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14.2. Proceeds.
All compensation, damages or other proceeds therefrom, the sum 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 condominium 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 condominium 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 Condominiums. The total amount allocated to severance
damages shall be apportioned to those Condominiums which were taken or condemned as
follows: (a) the respective amounts allocated to the taking of or injury 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.2 - 25
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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 ofInspection.
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 documents 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 documents 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 documents.
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 instrument 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.2 - 26
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16.1.2, shall be by an instrument 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 number 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 of the 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.2 - 27
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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 Condominium 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 Cumulative. 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 of Idaho.
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 of the 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.2 - 28
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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.2 - 29
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lbis Declaration is executed effective this
2006.
day of
William 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 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:
STATE OF IDAHO )
) 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.2 - 30
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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
THIS PROPERTY?]
Condominium Declaration fOf Bonito Condominium No.2 - 31
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ExmBIT A-I
Plat
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EXHIBIT A-2
Legal Description
Exhibit B
C:\Documents and Settings\JHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 2 Dee - GPOl.doc
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
PROJECT: 04107
DATE: November 21,2006
PAGE: 1 of 1
EXHIBIT "A-2"
Legal Description
Lots 18 and 19, Block 1, "Bonito Subdivision No.3"
A parcel of land located in the E 1/2 of Section 20, Township 3 North, Range 1 East, Boise Meridian,
City of Meridian, Ada County, Idaho, being all of Lots 18 and 19, Block t 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 Section comer of Sections 20 and 21, Township 3 North, Range 1 East,
Boise Meridian, City of Meridian, Ada County, Idaho, as referenced by Comer Perpetuation and
Filing Record Instrument No. 103204073, from which the corner common to Sections 16, 17,20 and
21, as referenced by Comer Perpetuation and Filing Record Instrument No.1 03135428, bears
N .00014'3 O"E., 2651.87 feet; thence, along the east-west centerline of Section 20,
A.) S.89054'36"W., 729.47 feet to the westerly line of said Lot 19; thence,
B.) N.08025'58"W., 25.96 feet to the southwesterly comer of said Lot 18, and the POlNT OF ...
BEGINNING; thence, continuing along the westerly line of said Lot 18,
1) N.08025'58"W., 85.01 feet to the northwesterly comer of said Lot 18; thence,
2) N~82014'OO"E., 94.07 feetto the northeasterly comer of said Lot 18; thence,
3) S.06034'02 ":E., 85.02 feet to the southeasterly comer of saidLot 18; thence, continuing,
4) S.06034'02"E., 152.64 feet to the southeasterly corner of said Lot 19; thence, along the
southerly line of said Lot 19, the following courses:
5) S.60042'18"W., 40.89 feet to beginning ofa tangent curve; thence,
6) Southwesterly along a curve to the right, having a radius of200.00 feet, an arc length of
49.66 feet, through a central angle of 14013'34" and a chord bearing and distance of
S.67049'05"W., 49.53 feet to the southwesterly line of said Lot 19; thence, along the
westerly line of said Lot 19,
1) N.08025'58"W., 179.96 feet to the POINT OF BEGINNING.
CONTAINING 0.52 acres, more or less.
G:\04107\WPFll.ESILeg.1 DescriptiOIl5\EXHA-Lot 18-19, BU< I-DESc.doc
BOISE . COEUR d'ALENE . CALDWELL
ExmBIT B
Articles of Incorporation
Exhibit B
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EXHIBIT C
Percentage of Ow
h. I
p
Common Areas
ners IP nterest-- roportIonate Interest in
Unit # % Interest in
Common Areas and
V oting Rights
1 0/0
2 0/0
3 0/0
4 %
5 %
6 %
7 %
8 %
9 %
10 %
11 %
12 %
13 %
14 %
15 %
16 %
17 %
18 0/0
19 0/0
20 0/0
21 %
Exhibit C
C:\Documents and SettingsVHovde\Local Settings\Temporary Internet Files\OLKB\Bonito Condo No 2 Dec - GP01.doc
Exhibit C
C:\Doeuments and SettingsVHovde\Loeal Settings\Temporary Internet Files\OLKB\Bonito Condo No 2 Dee - GPOl.doe