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HomeMy WebLinkAboutCovenants• ~ SUBDIVISION: Resolution Subdivision BOOIUPAGE: RECORDED DATE: INSTRUMENT #: DRAFT DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR RESOLUTION SUBDNISION 1 r TABLE OF CONTENTS Page No. ARTICLE 1 DEFINITIONS 1.1 Building 1.2 Building Site 1.3 Center 1.4 Committee 1.5 Declaration 1.6 Improvements 1.7 Landscaping 1.8 Lawns 1.9 Occupant 1.10 Open Space 1.11 Owner 1.12 Sign .1.13 Street ARTICLE 2 RECITALS 2.1 Owner 2.2 Benefit ARTICLE 3 DECLARATIONS ARTICLE 4 PURPOSE 4.1 Protection 4.2 Improvements 4.3 Parking 4.4 Aesthetics ARTICLE 5 CONTROL COMMITTEE 5.1 Establishment and Appointment of Members 5.2 Term 5.3 Chairman 5.4 Voting 5.5 Control 5.6 Linvtations and Effect of Actions 5.7 Certificate of Compliance 5.8 Liability of Committee ARTICLE 6 LAND USE/ EASEMENTS 6.1 Building Sites 6.2 Land Division 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 7 7 7 7 7 7 7 2 • • 6.3 Easements 8 ARTICLE 7 DEVELOPMENT REQUIREMENTS 9 7.1 Site Related Requirements 9 7.2 Building Related Requirements 11 7.3 Signs 11 7.4 Noxious Uses 11 7.5 Construction Requirements 11 7.6 Variances 12 ARTICLE 8 APPROVAL OF PLANS AND SPECIFICATIONS 12 8.1 Procedure and Controls 12 8.2 Rules and Regulations/Guidelines 12 8.3 Fees 13 8.4 Application Requirements 13 8.5 Submittals 14 8.6 Revisions 14 ARTICLE 9 MAINTENANCE 14 9.1 Owner Responsibility 14 9.2 Track and Streets 14 ARTICLE 10 ENFORCEMENT 15 10.1 Forbearance 15 10.2 Nuisance 15 10.3 Attorneys Fees 15 10.4 Inspection 15 10.5 Self-Help 15 ARTICLE 11 NOTICE TO BE GIVEN BY OWNERS 16 ARTICLE 12 COMPLIANCE WITH LAW 16 ARTICLE 13 MORTGAGES, DEEDS OF TRUST 16 ARTICLE 14 SEVERABII.ITY 16 ARTICLE 15 DURATION AND MODIFICATION; MULTIPLE OWNERS 17 15.1 Duration 17 15.2 Modification, Termination 17 3 '~ THIS DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS AND GRAl~T OF EASEMENTS FOR ("Declaration") is made this an Idaho corporation (°Declazant"). ARTICLE I DEFINITIONS In addition to definitions contained elsewhere in this Declaration, the following terms shall have the following definitions when used herein. 1.1 Building shall mean the main portion of a roofed and walled structure built for permanent use and all projections or extension thereof, including, but not limited to, attached garages, platforms, docks and similar facilities. 1.2 Building Site shall mean a tract of real property in the Center as determined by the legal description in a conveyance or lease from the Declarant. If a fee simple title to two (2) or more adjacent Building Sites is acquired by the same Owner, such commonly-owned Building Sites may, at the option of said Owner, be combined and treated as a single Building Site for the purpose of this Declaration. 1.3 Center shall mean the real property known as ,located in the City of Meridian, Ada County, Idaho, and more particularly described in Exhibit "A "attached hereto and by reference made a part hereof. 1.4 Committee shall mean and refer to the Development Control Committee established pursuant to Article 5 hereof, its successors and assigns. 1.5 Declaration shall mean and refer to this Declaration of Covenants, Conditions and Restrictions and Grant of Easements, including any amendments hereto in accordance with Article 15. 1.6 Improvements shall mean all Buildings, driveways, exterior lighting, fences, Landscaping, Lawns, loading areas, pazking areas, railroad trackage, retaining walls, roadways, drainage channels, screening walls, Signs, utilities, walkways .and other structures of any kind whatsoever. 1.7 Landscaping shall mean all Lawns, vegetative ground cover, shrubbery, trees, flowers, vines, earth forms, exterior irrigation systems, earth berms, terraces, retaining walls, fences, decoration rock and similar materials. 1.8 Lawns is a space of ground covered with turf grass, kept mowed, irrigated and otherwise neatly maintained. 4 1.9 Occupant shall mean an individual, group of individuals or legal entity, other than an Owner, which has purchased, leased, rented or has otherwise legally acquired the right to occupy and use any Building Site, any Improvement thereon or any portion thereof, whether or not such right is exercised. 1.10 Open Space shall mean the gross land area on a Building Site exclusive of all Improvements other than fences, Landscaping, Lawns, retaining walls, drainage channels and underground utilities. 1.11 Owner shall mean an individual, group of individuals or legal entity which is record owner of a fee simple estate, or which has an equity of redemption, in a Building Site. 1.12 Sign shall mean any structure, device or contrivance and all parts thereof which are erected or used for advertising, directional or identificational purposes or any poster, bill, bulletin, printing, lettering, painting, device or other advertising of any kind whatsoever, which is placed, posted, or otherwise fastened or affixed to the ground or to structures within the boundaries of the Center. 1.13 Street shall mean any public right-of--way whether or not presently improved. ARTICLE 2 RECITALS 2.1 Owner. Declarant is the current owner of the fee simple estate in the real property constituting the Center. 2.2 Benefit. Declarant is desirous of subjecting the Center and all future Owners and Occupants to the provisions of this Declaration for the term set forth herein. ARTICLE 3 DECLARATIONS Declarant hereby declares that all Building Sites in the Center shall beheld, transferred, sold, conveyed, leased, subleased and occupied subject to the provisions of this Declaration. ARTICLE 4 PURPOSE This Declaration is made to require development, improvement and use of property in the Center so as to: 4.1 Protection. Protect the Owners and Occupants of Building Sites against such use of neighboring Building Sites as might depreciate the value of their property. 4.2 Improvements. Encourage the erection of attractive, permanent Improvements appropriately located to ensure harmonious appearance and functions. 4.3 Parking. Assure adequate off-street parking spaces .and off-street truck loading and maneuvering facilities. 4.4 Aesthetics. Encourage the development of aesthetic architectural and engineering design, including compatible Landscaping, and, in general, provide a harmonious development that will promote the general welfare of the Owners and Occupants. ARTICLE 5 CONTROL COMMITTEE 5.1 Establishment and Appointment of Members. There is hereby established a Development Control Committee which shall consist of three (3) regular members, appointed initially by the Declarant; _._____ ,. So long as the Declarant owns a minimum of five (5) acres in the Center, the Declarant shall be the appointing authority and shall appoint all members of the Committee and shall have the right to remove any and all members from the Committee at any time for any reason, with or without cause. Declarant at any time may assign in writing,. for a definite or indefinite period of time, this right of appointment and removal, of one or more of said members. When the Declarant no longer owns five (5) or more acres in the Center, a majority of the Owners shall be the appointing authority. 5.2 Term. The regular term of office of each member of the Committee shall be one (1) year, ending December 31, or until such member's successor has been duly appointed. 5.3 Chairman. The appointing authority shall designate one (1) of the appointed members of the Committee to be Chairman. The Chairman shall take charge of and conduct all meetings and shall provide for reasonable notice to each member of the Committee prior to any meeting setting forth the place and time of said meeting, which notice may be waived. 5.4 Voting. The affirmative vote of a majority of the members of the Committee present at any meeting at which a quorum is present shall constitute the action of the Committee on any matter before it, -~e . At least two (2) members must be present in person to constitute a quorum. The Committee may also take action without a meeting by unanimous written consent of its members. ~ ~ 5.5 Control. Except for Improvements which may be installed by the Declarant for the benefit of one or more of the Building Sites in the Center, no Improvement shall be made or altered on any Building Site nor any such work commenced until full and complete plans and specifications for such Improvements have been approved by the Committee, provided that alterations or remodeling which are completely within a Building and which do not change the exterior .appearance and are not visible from the outside, maybe undertaken without such approval. All construction shall be in accordance with approval. 5.6 Limitations and Effect of Actions. The approval or consent of the Committee on matters properly coming before it shall not be unreasonably withheld and actions taken shall not be arbitrary, capricious or discriminatory. Within such limits, however, decisions of the Committee shall be conclusive and binding on all interested parties. 5.7 Certificate of Compliance. Upon payment of a reasonable fee, set from time to time by the Committee, and upon the written request by any Owner, the Committee shall mail or deliver within thirty (30} days from receipt of the request, a certificate in recordable form stating whether or not the Building Site of such Owner is in violation of any provision of this Declazation. Said written statement shall be conclusive evidence of the facts stated therein in favor of the persons who rely thereon in good faith. If the Committee fails to mail or deliver such statement within said thirty (30) day period, the Building Site shall be conclusively presumed to be in conformance with this Declaration as of the date of receipt of such request. All references to days in this Section shall mean business days. 5.8 Liability of Committee. Neither the Declarant, the members of the Committee, or their officers, directors, agents, representatives, successors or assigns of the Declarant or such members shall be liable in damages to any person or entity subnutting plans and specifications for approval, or to any Owner or Occupant of any Building Site or any other person by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval process or the actions of members of the Committee when acting in that capacity. Every person or entity agrees, by submission of such plans and specifications, and every Owner and Occupant of any Building Site within the Center agrees, by acquiring title thereto or an interest therein, or by taking possession thereof, that such person, entity, Owner or Occupant will not bring any action or suit against the Declarant, the members of the Committee, or their officers, directors, agents or representatives, to recover any such damage. ARTICLE 6 LAND USE /EASEMENTS 6.1 Building Site. Building Sites within the Center shall be used for high quality officer purposes and similar uses which do not constitute noxious uses as described in Section 7.7 and which otherwise contribute to the implementation of and are consistent with the statement of purpose set forth in Article 4 of this Declaration. The tecTr- "similar uses" shall 7 include facilities for the assembly of light technical equipment and research and development laboratories which are architecturally compatible with high quality office uses. 6.2 Land Division. Except for land owned by the Declarant, no Building- Site may be divided or subdivided without the prior written consent of the Committee. In connection with the consideration of a request by an Owner for consent to one of the above, the Committee may request such reasonable information as it deems necessary or desirable. After receipt of such information, the provisions for response and for challenge contained in Section 8.1 shall be applicable. 6.3 Easements. 6.3.1 Utility Easements. Each Owner and the Declarant, as grantors, hereby grant to the Declarant and their Owners, as grantees, for the benefit of all property in the Center owned by the Declarant and each Building Site in the Center owned by the other Owners, a non- exclusive easement under, through and across the ten feet (10') of any lot shown on any official plat of any portion of the Center adjacent to any Street and the five feet (S') adjacent to all lot lines not adjacent to a Street for the installation, repair, replacement, maintenance and operation of public utilities (including, without limitation, water mains, sewers, telephone lines, electrical conduits or systems, gas mains, television cables and fiber optic cables), drainage systems or structures and street lights (in the case of an easement area adjoining a Street only). The grantees utilizing such facilities shall bear all costs related to the installation, operation, maintenance, repair and replacement of such easement facilities, shall repair to the original specifications any damage to the surface resulting from such use and shall provide as-built plans for all such facilities to the Owner of all lots upon which such utility lines and facilities are located within thirty (30) days after the date of completion of construction of same. Each Owner agrees to grant such additional easements as are reasonably required by any public or private utility for the purpose of providing the utility lines and facilities described herein provided such easement are not otherwise inconsistent with the provisions of this Declaration. 6.3.2 Sign Easement. The Owner of as shown on the official plat thereof recorded in the official records of Ada County, Idaho, hereby grants to the Declarant and such other owners of Building Sites in the Center as maybe designated by the Declarant, as grantees, for the benefit of the Lots and Building Sites owned by same an easement under, through and across a portion of said for the installation, operation, maintenance, repair and replacement of one (1) permanent free-standing sign and all utility lines and facilities appurtenant thereto and temporary mazketing signs announcing that Building Sites are available for sale or rent. Such signs shall generally be located near the southeast corner of said Lot ,Block , in a location mutually acceptable to Declarant and the Owner said Lot ,Block .The design of the permanent free-standing sign structure and the sign fascia used thereon shall be subject to the approval of the Committee. The design of temporary marketing signs shall not be subject to approval of the Committee. ARTICLE 7 DEVELOPMENT REQUIREMENTS The following requirements shall apply to the development and improvement of each Building Site and shall constitute restrictions on the property in the Center. 7.1 Site Related Requirements. 7.1.1 Required Setbacks. All Buildings shall be setback the following minimum distances: A. From property lines abutting Road - B. From property lines abutting C. From property lines abutting all other Streets -twenty feet (20'). D. From property lines not fronting on a Street -five feet (5') for side yards and twenty feet (20') for rear yards. Subject to the approval of the Committee, underground Building components such as storage tanks or vaults maybe placed within the setbacks areas. 7.1.2 Screening of Service Facilities and Storage Areas. Garbage and refuse containers shall be contained within Buildings or other enclosed structures, or shall be concealed by means of shrubbery or solid screening walls or fences of no less than four feet (4') in height of material similar to and compatible with that of the Building. Fuel and other storage tanks and bins shall be installed underground wherever practicable or screened from public view. No materials, supplies, or movable equipment (including, without limitation, fleet automobiles parked overnight)' shall be stored in any area on a Building Site except inside a closed Building or behind a visible bamer which screens same so they are not visible from neighboring Building Sites or Streets. Such screening walls, barriers and fences shall. be integrated into the Building and site plans and designed so as not to attract attention and shall be inconspicuously located. 7.1.3 Exterior Lighting. All exterior and security lighting shall have underground service, and shall be designed, erected, altered and maintained by the Owner and Occupant of the Building Site on which it is located, and shall be compatible and harmonious throughout the Center. 7.1.4 Drainage. The Owner of each Building Site shall submit to the Committee a drainage plan in conjunction with Building and site plans. The drainage plan shall be certified by a licensed engineer qualified in drainage design. Building Site drainage 9 Improvements shall be designed so as to limit surface water discharge from a building Site to a rate not to exceed the discharge resulting from atwenty-five (25) year storm under pre- development (natural) conditions. 7.1.5 Open Space/Landscaping. Open Area shall equal or exceed ten percent (10%) of the gross land area of each Building Site, and shall be landscaped. Each Owner or Occupant within the Center shall be responsible for the construction, installation and maintenance of functional and aesthetically suitable Landscaping on the Building Site. Such Landscaping shall be installed only after complete Landscaping Plans therefor have been submitted to and approved by the Committee. Landscaping shall be capable of preventing soil erosion under normal surface runoff conditions. Earthen berms at least three feet (3') in height shall shield all parking areas from view from the surrounding Streets. Approved Landscaping shall be installed within six (6) months of issuance of a Certificate of occupancy for the Building, weather permitting. 7.1.6 Easement Areas. within the easement areas reserved on the plat(s) of the Center, no structure or planting or other Improvement shall be placed or permitted to remain which may damage or interfere with the installation, operation or maintenance of utilities for which the easement was intended. 7.1.7 Driveways. The design and location of driveway cuts onto Street shall be approved by the Committee. 7.1.8 Fences. No fence shall exceed eight feet (8') in height. Unless otherwise approved by the Committee, any fence visible from a Street shall be constructed of materials similar to or compatible with those materials used in the Building. Chain link fences are discouraged but, upon a proper showing of need and compatibility, maybe allowed upon Committee approval. 7.2 Building Related Requirements. 7.2.1 Temporary Structures. No temporary Building or other temporary structures shall be permitted on any Building, equipment, materials and the like shall be permitted for construction purposes during the construction period of a permanent Building. Such temporary structures, equipment and materials shalt be removed not later than thirty (30) days after the date of substantial completion of the permanent Buildings. 7.2.2 Ezterior Materials, Colors. Architecturally and aesthetically suitable Building materials shall be applied to or used on all sides of a Building which is visible to the general public and shall be harmonious and compatible with colors of the natural surroundings and other adjacent Buildings. Unless otherwise approved by the Committee, steel shall not be an acceptable exterior material. 7.2.3 Height Limits. No Building. (including any equipment installed thereon) 10 shall exceed forty feet (40') in height. 7.2.4 Utilities -Mechanical Equipment -Roof Projections. A. All utilities, including electrical, water, sanitary, sewer, storm drainage, gas and telephone, shall be underground. Pad-mounted transformers, switchgear and similar equipment which must be installed above-ground shall be screened with suitable Landscaping consistent with the requirements of the utility provider. B. All mechanical equipment shall be located or screened so as not to be visible to the general public from Streets, or from the front view of other Building Sites. Mechanical equipment screening walls shat! be of design and materials compatible with those of the Building. Antennae shall be visually masked to the extent practicable and consistent with operation requirements. 7.3 Signs. The locations, type, size, design and material of all Signs shall be approved in writing by the Committee. Only the following types of Signs are allowed: 7.3.1 Public necessity signs identifying danger or hazard on or near the Building Site or Building. 7.3.2 Property Signs offering the property for sale or lease, or announcing contemplated Improvements. 7.3.3 Signs identifying the Owner or Occupant of Buildings. 7.3.4 Service Signs giving information to the public such as directions to parking facilities. 7.4 Noxious Uses. No trades, services or activities shall be conducted on Building Sites within the Center nor shall anything else be done thereon which maybe or become an annoyance or nuisance to the Owner or Occupants of adjacent properties, including, without limitation, by reason of unsightliness, excessive emission of fumes, odors, glaze, vibration, gases, radiation, electrical disturbance, fire hazard, dust, liquid waste, smoke, debris, water pollution, air pollution or noise. 7.5 Construction Requirements. 7.5.1 Site Preparation. All Building Sites are to be cleared and excavated in a workmanlike manner with consideration for surrounding Building Site Owners and Occupants. All dirt and debris not to be used in construction are to be removed from the Center or stockpiled in an assigned location approved by the Committee. 7.5.2 General Damages. The Owner and the Owner's agents shall be 11 responsible for repairs of any damage which may occur during excavation to sidewalks, Streets, utilities or other existing Improvements on or off the Building Site. Owner and their agents shall inspect any Improvements installed by Declarant prior to commencement of construction and report any problems to the Committee. Unless otherwise notified prior >p commencement of construction, any Improvements installed by Declarant shall be considered in good repair and all damages occumng during construction will be the responsibility of the Owner and the Owner's agents. Said repairs shall be made immediately upon occurrence. 7.5.3 Construction Maintenance. Job sites are to be kept as clean as possible during construction. All dirt, nails, gravel and other building materials must be promptly removed from streets and sidewalks. No materials are allowed to be kept on adjoining Building Sites.. Street and curbs shall be protected at all times. All construction sites must be free of materials and debris prior to each weekend. Dumpsters are the responsibility of the Owner and shall be located as designated by the Committee. Said facilities are to be kept orderly at all times and emptied or serviced on a timely basis. 7.6 Variances. The Declarant, or any Owner or prospective Owner, may apply to the Committee for a variance in the development requirement set forth in this Declaration, for purposes of the development and improvement of a particular Building Site. The Committee may grant or deny such application for a change or a variance, subject to the following conditions. 7.6.1 The change or variance sought must be due to extraordinary or exceptional circumstances, be reasonable and not impose a hardship on adjoining Building Sites. 7.6.2 The granting of a variance by the Committee shall not be deemed as a wavier to any provision of this Declaration beyond the particular situation for which the variance is granted. ARTICLE 8 APPROVAL OF PLANS AND SPECIFICATIONS 8.1 Procedure and Controls. All submissions to the Committee for approvals required by this Declaration shall be made in accordance with this Article 8. In the event the Committee fails to approve or disapprove a proposal within thirty (30) days after said proposal has been submitted in such form as maybe required by the Committee, the Applicant may deliver to the Committee a written notice of inaction. Should the Committee fail to respond within five (5) days of receipt of the notice of inaction, the Applicant may consider the proposal approved, except in the case of a variance request which shall be considered disapproved. All references to days in this Section shall mean business days. 8.2 Rules and Regulations/Guidelines. The Committee is hereby empowered to 12 adopt rules and regulations to govern procedures, including such rules as the Committee may deem appropriate and in keeping with the spirit of due process of law. The Committee is further hereby empowered to adopt guidelines as it shall deem appropriate and consistent with the provisions of this Declaration, with regard to matters subject to the Committee's approval, including matters of design, materials and aesthetic interest. 8.3 .Fees. The Committee may establish, by its adopted rules and regulations, a fee schedule to be paid by each Owner or Occupant submitting plans and specifications to the Committee for approval. No submission for approval shall be considered complete until any such fee has been paid. Such fee shall not exceed such reasonable amount as maybe required to reimburse the Committee for the costs of professional review of submittals. 8.4 Application Requirements. All proposals submitted for approval must contain the following: 8.4.1 Site Plan. Complete Building Site plan showing the exterior perimeter of the Building Site, proposed location of all structures, parking areas, utilities, loading areas, trackage, driveways, walkways, Signs, easements, setbacks, storage, Landscaping, trash areas and storage tanks. 8.4.2 Architectural Plan. Complete set of architectural plans and elevations showing Building elevations, ground floor plans with finished floor elevations, building materials and colors, brief description of mechanical, electrical and structural systems, including the treatment of screening of all mechanical equipment and mechanical screen details, elevations, etc., and exterior site lighting (including fixture selection). 8.4.3 Site Engineering Plan. Complete engineering plans showing surface draining and grading; utility connections; above-ground utilities and appurtenances; means, methods and devices to protect existing pavements, curbs, Landscaping and other existing Improvements; and exterior lighting including the signage. 8.4.4 Physical Inspection. Statement of a date when the Committee can make a physical on-site inspection for the purpose of viewing and approving the layout of the proposed structure on the Building Site. 8.4.5 Use. A description of the proposed uses of the Building Site and any accessory uses and a comment on their suitability under the provisions of this Declaration and the ordinances of the City of Meridian. 8.4.6 Signage Plan. Complete plans and specifications for all signage including all sign fascia and Sign structures. 8.4.7 Other. Any other information which maybe reasonably required by the Committee in order to ensure compliance with the requirements contained herein. 13 Committee. 8.4.8 Fee. Payment of any Development Review Fee required by the 8.5 Submittals. All submissions to the Committee shall be in duplicate originals and addressed or delivered to: or any such address as the Declarant shall hereafter designate in writing by notice addressed to the Owners and Occupants. 8.5.1 Upon receipt of approval from the Committee, the Owner or Occupant shall diligently proceed with the approved work. If the work is not commenced within one (1) year from the date of approval, then the approval shall automatically expire. Upon the showing of hardship or cause by the Owner, the Committee may, in writing, extend the one (1) year time period. Once commenced, all work shall be diligently prosecuted to completion. 8.5.2 Approval of plans by the Declarant or the Committee maybe secured prior to the acquisition of a Building Site pursuant to the terms of a sale contract. 8.6 Revisions. In the event an Owner or Occupant desires to deviate from an approved proposal, the Owner or Occupant shall submit a revised application indicating the proposed changes from the approved proposal. Said revised application will be reviewed and approved or disapproved in the same manner as an original application. ARTICLE 9 MAIN'T'ENANCE 9.1 Owner Responsibility. Each Owner and Occupant shall be responsible for keeping the Building Site (whether or not improved), Buildings and other Improvements, including, without limitation, Lawn and Landscaping, maintained in a safe, clean, neat and orderly condition and shall prevent rubbish, unused equipment or machinery and the like from accumulating on the Building Site. 9.2 Track and Streets. Such maintenance shall include any railroad track areas within Building Sites and all Streets and sidewalks adjacent to each Building Site that are not maintained by local, county or state governments. 14 ARTICLE 10 ENFORCEMENT 10.1 Forbearance. Enforcement of the provisions of this Declaration shall be by an appropriate proceeding at law or in equity against any person, corporation or other entity violating or attempting to violate such provisions, either to restrain such violation, to enforce liability, or to recover damages, or by any appropriate proceeding at law or in equity against the land to enforce any lien or charge arising by virtue thereof. The Declarant and the Committee shall not be liable for enforcement or for failure to enforce said provisions. Failure of the Declarant, the Committee, or any Owner or Occupant to enforce any of the provisions of this Declaration shall in no event be deemed a waiver of the right to do so. 10.2 Nuisance. The result of every action or omission whereby any restriction or covenant herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity against any Owner or Occupant creating or allowing a nuisance shall be applicable against every such result and may be exercised by the Declarant or by any Owner or Occupant. 10.3 Attorneys Fees. In any legal or equitable proceeding for the enforcement or to restrain the violation of this Declaration, or any provision hereof, the party or parties judged to be in violation shall pay the attorneys' fees of the prevailing party or parties, in such amount as maybe fixed by the court in such proceeding. All remedies provided herein or the law or in equity shall be cumulative and not exclusive. 10.4 Inspection. After reasonable notice to an Owner, the Declarant and any member of the Committee may from time to time at any reasonable hour or hours enter and inspect any portion of a Building Site to ascertain compliance with this Declaration. 10.5 Self-Help. In the event the Owner or Occupant fails to comply with the provisions of this Declaration, the Committee, at its sole discretion, may notify said Owner or Occupant of such noncompliance in writing, detailing any and all work which must be performed by said Owner or Occupant to bring said Building or Building Site into compliance with this Declaration. If said Owner or Occupant fails to perform such work within thirty (30) days after receipt of notice of noncompliance, then, and in that event, the Committee may perform any and all necessary work detailed in the noncompliance notice and submit all costs and expenses therefor to said Owner or Occupant for prompt payment. If said Owner or Occupant fails to reimburse the Committee for such work within thirty (30) days thereafter, the Committee may collect all such costs and expenses through any appropriate proceeding at law or in equity or may file against the property of said Owner or Occupant a real property lien in an adequate amount to cover all costs and expenses incurred by the Committee in connection with said work, and 15 foreclose said lien, in like manner, as a mortgage on real property under Idaho law. Said lien shall be subordinate to all mortgages and deeds of trust of record at the time a notice of said lien is first filed of record. ARTICLE 11 NOTICE TO BE GIVEN BY OWNERS Any Owner of a Building Site who shall transfer any title to or create any right of occupancy of such Building Site or portions thereof, shall give written notice to the Comnttee of the identity of the new Owner of Occupant and shall give said new Owner or Occupant notice of the requirements of this Declaration. ARTICLE 12 COMPLIANCE WITH LAW Zoning ordinances, building codes, fire codes and any other governmental laws and regulations applicable to Building Sites in the Center including, without limitation, all federal, state and local laws relating to the handling, storage and disposal of hazardous wastes, shall be observed. In the event of any conflict between this Declaration and any such governmental laws and regulations, the more restrictive standards shall apply. Any' approval given by the Committee and any variance granted shall not in any way relieve Owners and Occupants from obtaining approvals required by any governmental body having jurisdiction, including, without limitation, the Ada County Highway District, the City of Meridian and any irrigation districts within which the Center is located. Each Owner or Occupant shall give written notice to the Declarant and the Committee of any violation or alleged violation of such laws and regulations related to the Building Site of such Owner or Occupant, and shall indemnify, defend and hold harmless the Declarant and the Members of the Committee from and against all claims, liabilities, losses and costs of any kind arising out of a failure to comply with any such laws and regulations. ARTICLE 13 MORTGAGES, DEEDS OF TRUST Breach of any provision of this Declaration shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value with respect to property within the Center, but said provision shall be binding upon and effective against any Owner of said premises whose title thereto is acquired by foreclosure, trustee's sale or otherwise. ARTICLE 14 16 • SEVERABILITY Invalidation of any one or more of the provisions of this Declaration by judgment or court order shall in no way affect any of the remaining provisions, which shall remain in full force and effect. ARTICLE 15 DURATION AND MODIFICATION; MULTIPLE OWNERS 15.1 Duration. The Covenants, Conditions and Restrictions set forth in this Declaration shall run with and bind the land within the Center, and shall remain in effect, and shall inure to the benefit of and be enforceable by the Declarant, the Owners, the Occupants, and the Committee for a term of fifty (50) years from the date this Declaration is recorded. The rights specific to Blue Cross shall not be assignable. The provisions of this Declaration shall automatically extend for consecutive periods often (10) years each, unless at any time after the commencement of an extension period, Declarant (so long as the Declarant owns any real property or any interest in part of the Center), or the Owners by atwo-thirds (2/3) vote (if the Declarant no longer owns any such interest), execute and record a termination agreement terminating the provisions of this Declaration. 15.2 Modification, Termination. This Declaaation may be amended or terminated by the Declarant so long as the Declarant owns a minimum of five (5) acres in the Center, and otherwise by athree-quarters (3/4) vote (with each lot in the Center owned by Declarant and each Building Site owned by others being entitled to one [1] vote). Amendments to or terminating of this Declaration shall be by an instrument in writing, properly executed, acknowledged and recorded with the Ada County Recorder. If any Building Site is owned by Blue Cross, its approval shall also be required for any amendment or termination of this Declaration. 15.3 Multiple Orders. The Owners (if consisting of more than one [1] person or entity) of each Building Site shall agree among themselves and designate in writing to the Committee a single person or entity who is entitled to act (i.e., vote, consent, approve, etc.) Under this Declaration for that Building Site. If the Owners of any such Building Site cannot agree who shall be entitled to act for that Building Site within thirty (30) days after receipt of request for same from any other Owner or member of the Committee, then that Building Site shall not be entitled to act under this Declaration, any provision in this Declaaation to the contrary notwithstanding. Without limiting the foregoing, in the event a Building Site is not entitled to act hereunder, it shall be disregarded for the purpose of applying the requirements set forth in Section 15.2. The obligations under this Declaration of multiple Owners of a single Building Site shall be joint and several. IN WITNESS WHEREOF, the Declazant has caused this instrument to be signed by its 17 • • duly authorized officers and its corporate seal to be affixed hereto on the date first above written. SIGNATURES: 18