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DRAFT
DECLARATION OF
COVENANTS CONDITIONS AND RESTRICTIONS
FOR
BELLINGHAM PARK SUBDIVISION
THIS DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICITONS FOR Subdivision is made effective as
of the day of ~ by
Development LLC, (hereinafter "Grantor" or "Declarant") whose address is
ARTICLE 1. RECITALS
1.1 Property Covered. The property subject to this Declaration of
Covenants, Conditions and Restrictions (hereinafter referred to as "Declaration"
or CC&R's") for Subdivision is that property in
County, State of Idaho, which is contained in
Subdivision and legally described on Exhibit A attached hereto, together with any
additions or annexations as may hereinafter be brought within the jurisdiction of
these CC&R'1 and the Association. The "common area" lots contained in this
Subdivision are set out in Paragraph 3.8 below.
1.2 Purpose of Declaration. Subdivision is
a residential development, which Grantor intends to develop in accordance with
governmental approvals. The purpose of this Declaration is to set forth the basic
restrictions, covenants, limitations, easements, conditions and equitable
servitudes that will apply to the development and use of the Property. This
Declaration is designed to preserve the Property's value, desirability and
attractiveness, a nd to g uarantee adequate maintenance of t he C ommon A rea,
and any Improvements located thereon.
ARTICLE 2. DECLARATION
2.1 Grantor Declaration. Grantor declares that all the Property shall
be held, sold, transferred, encumbered, leased, used, occupied and improved
subject to these CC&R's. Each owner accepting a deed to any of the property
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agrees that these CC&R's are for the protection, maintenance, improvement and
enhancement of the Property.
2.2 Runs With The Land. These CC&R's shall run with the land
described on Exhibit A and shall be binding upon all persons with any right, title
or interest in the land. They are for the benefit of all the property and bind all
successors.
2.3 Enforcement. These CC&R's may be enforced by Grantor, any
Owner or by the Association.
2.4 Grantor's Rights. Notwithstanding the foregoing, no provision of
this Declaration shall be construed as to prevent or limit Grantor's right to
complete development of the Property and to construct improvements thereon,
nor Grantor's right to maintain model homes, construction, sales or leasing
offices or similar facilities on any portion of the Property, including the Common
Area or any public right-of-way, nor Grantor's right to post signs incidental to
constructions, sales or leasing.
ARTICLE 3. DEFINITIONS
3.1 "Articles" shall mean the Articles of Incorporation of the
Association or other organizational or charter documents of the Association.
3.2 Subdivision" shall mean the Property
described on Exhibit A, (together with any future additions or annexations).
3.3 "Assessments" shall mean those p ayments required of Class A
Owners and Association Members (excluding Declarant) and include but are not
limited to all Assessments (whether regular, set-up, special or limited), late
charges, attorneys' fees, interest, and other charges set out in these CC&R's.
3.4 "Association" shall mean Neighborhood
Association, Inc., a nonprofit corporation organized under the laws of the State of
Idaho, its successors and assigns.
3.5 "Board" shall mean the Board of Directors or other governing
board or individual, if applicable, of the Association and includes its authorized
agents and representatives.
3.6 "Building Lot" shall mean one or more lots as specified or shown
on any Plat upon which improvements may be constructed. The term "Building
Lot" shall not include any Common Area, any area dedicated to the public, or any
lots deeded to an irrigation entity for an irrigation pump facility.
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3.7 "By laws" shall mean the By-laws of the Association (a copy of
which is attached hereto as Exhibit B).
3.8 "Common Area" shall mean all lots of
Subdivision that are designated on the Plat as private streets or drives (except
), common open space, common
areas and common landscaped areas, including but not limited to, the following
parcels which Declarant shall deed to the
Neighborhood Association:
The Association shall manage, maintain and operate these common area
lots.
3.9 "Declaration" shall mean this Declaration as it may be amended
from time to time.
3.10 "Grantor" shall mean
Development LLC and any successor in interest, or any person or entity to whom
the rights under this Declaration are expressly transferred by Grantor or its
successor. Grantor is also referred to as the Declarant.
3.11 "Improvement" shall mean any improvement or object, whether
permanent or temporary, which is erected, constructed or placed upon, under or
in any portion of the Property, including but not limited to buildings, fences,
driveways, landscaping, signs, lights, mail boxes, recreational facilities, and
fixtures of any kind.
3.12 "Limited Assessment" s hall m can a c harge a gainst a particular
Owner and such Owner's Building Lot, directly attributable to the Owner, equal to
the cost (plus a management fee equal to 10% of the cost) incurred by the
Grantor or the Association for corrective action performed pursuant to the
provisions of this Declaration. (See Corrective Action, Section 9.1.1 below.)
3.13 "Member" shall mean each person or entity holding a membership
in the Association.
3.14 "Owner" shall mean the person or other legal entity, including
Grantor, holding fee simple interest of record to a Building Lot which is a part of
the P roperty, but excludes t hose having an interest merely as security for the
performance of an obligation.
3.15 "Person" shall mean any individual, partnership, corporation or
other legal entity.
3.16 "Plat" shall mean any subdivision plat covering any portion of the
Property as recorded at the office of the County Recorder.
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3.17 "Property" shall mean all Property described herein including each
lot or portion thereof, including all water rights associated with or appurtenant to
such property.
3.18 "Regular Assessment" shall mean the portion of the cost of
maintaining, i mproving, repairing, m anaging and o perating t he C ommon A reas
and all Improvements located thereon, and the other costs of the Association.
3.19 "Set-up Assessment" shall mean that initial fee payable to the
Association to set up the Association. This one time set up fee is assessed
against the buyer of each lot upon the first purchase of each lot.
3.20 "Special Assessment" shall mean the portion of the costs of the
capital improvements or replacements, equipment purchases and replacements
or shortages in Regular Assessments.
3.21 "Transfer Special Assessment" shall mean that transfer fee
assessed against each lot transferred, to be paid to the Association on each
transfer of legal title and recording of a deed to a lot in this subdivision.
ARTICLE 4. GENERAL AND SPECIFIC RESTRICTIONS
4.1 Prior Plan Approval. No improvement or obstruction shall be
placed or permitted to remain upon any part of the property unless a written
request for approval, containing the plans, specifications, and exterior color
scheme, has been approved by the Board or a person designated by the Board
to approve same. (See Article 6 below.) The approval of the Board will not be
unreasonable withheld if the plans and specifications comply with these CC&R's,
government ordinances, and are in general in harmony with the existing
structures located in this Subdivision.
4.2 Government Rules. In t he event a ny o f t hese C C&R's a re I ess
restrictive than any governmental rules, regulations or ordinances, then the more
restrictive governmental rule, regulation or ordinance shall apply.
4.3 Use, Size and Heictht; Basements. All Building Lots shall be used
exclusively for one or two-story single-family homes. Split entry homes are
prohibited. The minimum floor area square footage (excluding the area of the
eaves, steps, open porches, car ports, garages, and patios) shall be as follows:
a) Square Feet minimum for one-story homes.
b) Square Feet minimum for any two-story
homes; provided, however, in any such two-story home the ground
floor shall have a minimum of square feet.
4.3.1 Basements. No basements are allowed.
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4.4 Accessory Structures. There shall be no metal or wood storage
attachments to any home except as approved by the Board. Storage sheds
attached to the residential structure, and patio covers, shall be constructed of,
and roofed with, the same materials, and with similar colors and design, as the
residential structure on the applicable Building Lot. Only one outbuilding per lot
shall be allowed, and it shall be a) constructed of quality material; b) completed,
finished and painted in the same general color as the main house; c) generally
screened from public view; and d) approved by the Board.
4.5 Setbacks. All setbacks shall comply with the pertinent local
government Ordinances.
4.6 Garactes. All residential homes shall have an attached enclosed
garage which holds no less than two cars and no more than three and shall be
constructed of the same materials and colors as the main building or as
approved by the Board.
4.7 Exterior Appearance.
4.7.1 Brick, Stone, Stucco on Front Exposure. Each house in
this subdivision shall have brick, stone or stucco on the front exposure; provided,
however, the Board (Architectural Control set out in Article VI below) may, in its
sole discretion, waive this brick, stone or stucco requirement if the dwelling
contains a covered front porch of at least fifty (50) square feet.
4.7.2 Bay Windows, Etc. Bay windows, broken roof lines,
gables, hip roofs, etc. are strongly encouraged as are brick, stone or stucco for
the full height columns on the sides. of the garage. Also encouraged are brick,
stone or stucco full wainscoting on the front exposure.
4.8 Roofs. Roofs must be of at least 5 in 12 pitch. No gravel roofs are
allowed. Roofing materials shall be composition shingles.
4.9 Solar Covenants. Each Lot in this subdivision shall be subject to
and each Lot Owner shall comply with that "Declaration of Solar Covenants,
Conditions and Restrictions for Subdivision",
attached hereto as Exhibit C, and all related local governmental solar ordinances.
4.10 Driveways. All Lots shall have a paved driveway and a minimum
of two paved car parking spaces within the boundaries of each Lot. No driveway
or parking area shall be dirt, rock, gravel or asphalt.
4.11 Colors. Exterior colors of earth tones or light blues or greys shall
be encouraged for the body of the house. Bright, bold or very dark body colors
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shall be discouraged. Dark roof colors shall be encouraged. Approval of exterior
colors must b e obtained f rom the B oard, and any future changes to colors or
exterior must be approved by the Board.
4.12 Pole Lights. Each home is encouraged, but not required to have a
photo-sensitive pole light in the front yard within 5 feet of the sidewalk and 5 feet
of the driveway designed to switch on automatically at sunset and off at sunrise.
4.13 Landscaping. Berms and sculptured planting areas are
encouraged. Landscaping of the front yard shall be completed within thirty (30)
days of substantial completion of the home. The "front yard" shall be defined as
that portion of the Building Lot from one side lot line to the opposite side lot line
lying in front of the front exposure of the structure. For Building Lots on corners
the "front yard" shall also include that portion of the Building Lot from the front of
the structure to the rear of the structure to the side street (i.e., the side yard next
to the side street). Landscaping, at a minimum, shall include; sod (or
professionally installed hydro seed if approved by the Board) in the front yard;
two trees of at least 2" caliper in the front yard; one tree of at least 2" caliper in
the side yard for corner lots; and at least 5 one gallon shrubs or plants. Grass
shall be planted or sodded in the back yard within one year of occupancy.
4.14 Fences.
4.14.1 Subdivision Perimeter Fences. Grantor may c onstruct a
perimeter fence around the exterior of this subdivision property (except for
entrance or exit roadways or waterway crossings). After Grantor has transferred
title to any lot which contains a portion of this perimeter fence it shall be the
responsibility of the Owner of that lot to maintain, repair and/or replace as
needed that portion of the perimeter fence on that Owner's lot. The
maintenance, repairs and/or replacement shall be performed so as to keep the
perimeter fencing uniform, attractive and harmonious. The Association may, in
it's sole discretion, maintain some or all of the perimeter fencing as a Common
Area expense.
4.14.2 Other Owner Fences. Other Owner fences are not
required. If a fence is desired, plans for it shall be approved by the Board prior to
construction. Fences shall be of good quality and workmanship and shall be
properly finished and maintained. Fences may be built of wood, such as a 6-foot,
dog-eared cedar. Chain link fences are not allowed except along ditches or
water retention areas. Fences shall not be built closer to the front of the lot than
even with the front corner of the home, nor within 20 feet of any street rights-of-
way.
4.15 Construction. No pre-existing or prefabricated home shall be
moved onto any lot. All homes in this Subdivision must be constructed on the lot.
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Once construction has begun, completion of each building or other improvement
shall be diligently pursued and completed within 12 months.
4.16 Sewer. All bathroom, sink and toilet facilities shall be located
inside the home, and connected underground to wet line sewer.
4.17 No Further Subdivision. No Building Lot may be split or
subdivided without the prior written approval of the Board.
4.18 Nuisances. No rubbish or debris shall be placed on or allowed to
accumulate anywhere on the Property, including Common Areas or vacant
Building Lots. No unsanitary, unsightly, or offensive conditions shall be permitted
to exist on any part of the Property. Noise or other nuisances in violation of local
ordinances are prohibited. No Owner shall permit any noise, party or other
activity i n t he C ommon A rea w hich u nreasonably i nterfere w ith t he p eace and
quiet of the other Owners or occupants. The use of fireworks, firecrackers and
any type of firearms on the Property is strictly prohibited.
4.19 Exterior Maintenance; Owner's Obligations. All Improvements,
especially the exterior appearance of the home, lawn, trees, fencing and
landscaping shall be kept in good condition and repair. In the event an Owner
permits an Improvement to fall into disrepair, or to create a dangerous, unsafe,
hazardous, unsightly or unattractive condition, then the Board or Grantor, after
thirty (30) days prior written notice to the offending Owner, shall have the right to
enter upon that Owner's property to correct such condition. Owner shall be
obligated to reimburse the Board or Grantor for all of the costs of the corrective
action as set out in Article 8 and 9 below.
4.20 Unsightly Articles. No unsightly articles shall be permitted to
remain on any property so as to be visible from any other Owner's property.
Trash is to be kept in containers and areas approved by the Board. Clothing or
fabrics are not to be hung or aired in such a way as to be visible to other
property. No equipment, heat pumps, compressors, containers, lumber,
firewood, grass, shrub or tree clippings, metals, bulk material, disabled vehicles,
or scrap shall be kept, stored or allowed to accumulate on any property except
within an enclosed structure or screened from view. Vacant residential structures
shall not be used for storage.
4.21 No Temporary Structures. No house trailer, mobile home, tent,
shack or other temporary building, improvement or structure shall be placed upon
any portion of the Property or on any streets. Temporary construction structures
are permitted during the time of construction.
4.22 No Unscreened Boats, Campers and Other Vehicles. No boats,
trailers, campers, all-terrain vehicles, motorcycles, recreational vehicles, bicycles,
dilapidated or unrepaired and unsightly vehicles or similar equipment shall be
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placed upon any portion of the Property (including, without limitation, streets,
parking areas and driveways) unless enclosed by a concealing structure
approved by the Board.
4.22.1 Removal of Vehicles; Warning; Costs. The Board or its
representatives may remove any vehicles in violation of this section at any time
after giving the owner fifteen 915) days written notice of its intent to do so. For
any such vehicles removed, the Owner shall reimburse the Board, as a limited
assessment, the costs thereof plus a management fee equal to ten percent
(10%) of the costs. (See Article 9 below).
4.23 Animals/Pets. No farm animals, animals creating a nuisance, or
animals in violation of governmental ordinances shall be kept on any Property.
Chronic dog barking shall be considered a nuisance. No more than two domestic
cats and no more than two domestic dogs shall be allowed to inhabit any one lot.
All dogs outside the home or outside the lot fence must be leashed. Pets shall
not be allowed in the Common Areas. Any kennel or dog run must be screened,
placed inside the lot fences, and approved by the Board.
4.24 Signs. No sign shall be displayed to public view without the
approval of the Board except: (1) signs used by Grantor in connection with the
development and sale of the Property; (2) signs identifying the development; (3)
informational signs by the Board displayed on Common Areas; (4) one sign of
less than 12 square feet displayed by an Owner (other that Grantor) on that
Owner's property advertising the home for sale or lease; and (5) signs required
by the governing authorities. No signs other than Grantor's shall be placed in the
Common Area without the written approval of the Board.
4.25 No Central Pressurized Irrigation System. No central
pressurized irrigation system is constructed in this subdivision.
4.26 Lot Grading and Drainage Requirements. Each lot owner shall
grade and maintain their individual lot to direct water away from the foundation
and to prevent the runoff of storm water onto adjacent owner's lots.
4.27 Additional Easements. In addition to the easements shown on
the recorded plat, an easement is further reserved and each lot shall be subject
to an easement five (5) feet on each side of all other lot lines for installation and
maintenance of utilities, irrigation and drainage.
4.28 Exemption of Grantor. Nothing contained in these CC&R's shall
limit the right of Grantor; to subdivide or re-subdivide any portion of the Property
owned by Grantor; to grant easements, licenses, or to reserve rights-of-way with
respect to Common Areas; to complete excavation, grading and construction of
any portion of the Common Areas, or Property owned by Grantor; to alter
construction plans and designs; to construct additional Improvements; to erect,
BELLINGHAM PARK SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS - 8
construct and maintain structures and displays as necessary for the conduct of
.Grantor's business. Prior to transferring title to a Building Lot Grantor shall have
,the right to grant, establish and/or reserve on that Building Lot additional
licenses, reservations and rights-of-way to Grantor, to utility companies, or to
others. Grantor may use any structures owned by Grantor on the Property as
model home complexes or real estate sales or leasing offices. The rights of
.Grantor may be assigned by Grantor to any successor in interest by a written
assignment recorded in the Office of the County Recorder.
4.29 Water; Water Rights. The property is this subdivision has been
excluded from any irrigation district. Therefore no irrigation water rights exist
from any irrigation district for any lot in this subdivision.
4.30 Laws: Ordinances. These CC&R's are subject to all rules,
regulations, laws and ordinances of all applicable governmental bodies. In the
event a governmental rule, regulation, law or ordinance would render a part of
these CC&R's unlawful, then in such event that portion shall be deemed to be
amended to comply with the applicable rule, regulation, law or ordinance.
4.31 Special Covenants for Lot .Block
in this subdivision has special circumstances which require special covenants
and restrictions as follows:
4.31.1 Drainage Easement. Lot
Block is a common area lot to be owned by the
Association and is subject to an overFlow drainage/retention easement in favor of
the (Highway District). (Highway
District) is hereby granted adrainage/retention easement on this lot to retain
water, and to construct, install and maintain the drainage system.
4.31.2 Drainage E asement Area R estrictions. The Association
shall maintain a grass lawn in the easement area and shall keep the lawn mowed
and the area free of trash and debris. No buildings, fences, trees, shrubs or
structures shall be placed in the floor of this drainage easement area. (However,
shrubs and trees may be planted on the slopes of this drainage area providing
they don't interfere with the (Highway District's)
easements or interfere with the drainage/retention system).
4.31.3 "Heavy" Maintenance of Drainage/Retention Area.
Heavy maintenance consists of periodically inspecting the retention facility to
ensure it is functioning properly; cleaning out the facility piping and mucking out
the facility when the sediment level exceeds the designed storage level. All other
maintenance shall be referred to herein as "light' maintenance.
(Highway District) has opted to perform this "heavy"
maintenance and shall be allowed to perform this maintenance work. In the
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event the (Highway District) shall decide not to
do such "heavy" maintenance, then the Association shall do so.
4.31.4 "Light" Maintenance. The Association shall provide all
"light' maintenance of the drainage/retention area (mowing, weed control, trash
control, etc.) of this lot as set out in that "Manual for Light Maintenance" attached
hereto as Exhibit D.
4.31.5 Association Failure to Maintain•
(Highway District) Remedies. In the event that
(Highway District) determines, in its sole
discretion, that the Association is not adequately maintaining the detention
pond/drainage basin then (Highway District) shall, before
undertaking maintenance of said common area, provide written notice of its
intention t o b egin m aintenance w ithin a (30) d ay p eriod, w ithin w hich t ime t he
Association may undertake to initiate and conclude all maintenance defects as
identified by (Highway District). In the event that the
Association shall fail to commence and conclude maintenance of the detention
pond/drainage basin to the extent said items of specific maintenance are
identified by (Highway District) within the prescribed thirty
(30) days, then in that event, (Highway District) may
begin to undertake such maintenance. (Highway District)
is hereby granted an irrevocable license and easement to enter upon any portion
of the common area or facility after having provided notice to the Association and
having provided the Association an opportunity to undertake said maintenance,
(Highway District) shall first bill the Association and if
such bill shall not be paid within sixty (60) days, then
(Highway District) shall be entitled to and empowered to
file a taxable lien against all lots within Subdivision
with power of sale as to each and every lot in order to secure payment of any
and all assessments levied against all lots in these subdivisions pursuant to the
Master Declaration as if said maintenance had been performed by the
Association, together with interest at the rate which accrues on judgments
thereon and all costs of collection which may be paid or incurred
by (Highway District).
The Association shall not be dissolved or relieved of its responsibility to
maintain the defined c ommon area and f acilities contained therein without the
prior written approval from (Highway District). The
Association and all lot owners by accepting title to a lot agree that all lot owners
within these subdivisions are benefited property owners of such maintenance.
4.32 Lot ,Block Micro-Path Lot
Easement Area: Lot ,Block is a common area lot created for the
purpose o f m aintaining a M icro-Path E asement. This a asement a rea s hall b e
landscaped as approved by the City of and shall
contain a paved Micro-Path at least seven (7) feet in width the entire length of the
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easement area. This lot and easement area shall be for the ingress and egress
of pedestrian and bicycle traffic and shall be for the benefit of all lots in
Subdivision and This
lot shall be owned and maintained by the Association and such maintenance
shall comply with all City requirements and regulations for
Micro-Path easement areas. This Micro-Path easement and the m aintenance
responsibilities relating thereto shall not be dissolved without the express written
permission of the City of ,
4.32.1 No Liability. Each lot owner by accepting a deed to a lot in
Subdivision and each occupant by occupying a lot
in Subdivision and each user of the Micro-path
specifically agrees that the Declarant, its agents, officers, employees and
shareholders shall have no liability of any kind whatsoever relating in any way to
the use of the Micro-Path including, but not limited to, any accidents or bodily
injuries which result from the use of the Micro-Path. Nor shall the Association, its
officers, agents, or employees have any such liability. All lot owners, occupants
and users of the Micro-Path specifically assume the risk and waive any and all
claims relating to the use of this Micro-Path.
4.33 Common Drivewav; Reciprocal Easement; Maintenance of
Common Drivewav. In t his s ubdivision Lot(s) _ ,Block _ have
one common driveway (referred to herein as "common driveway easement
area"). This common driveway easement area is identified and described on the
final recorded plat of the subdivision and is the only access to the public street in
the subdivision form these common driveway lots.
4.33.1 Reciprocal Easements. Each Owner of these
common lots, and occupants, tenants, guests and invitees shall have an
easement over and across that common driveway easement area. This shall be
a reciprocal easement benefiting and burdening each of the common lots
and shall be for the purposes of ingress and egress over and across the common
driveway easement area (identified on the Plat).NO PARKING OF ANY KIND
SHALL BE ALLOWED IN ANY COMMON DRIVEWY EASEMENT AREA. This
area is for ingress and egress only.
4.33.2 Maintenance of Common Drivewav. The maintenance of
the common driveway easement area and the costs there of shall be shared
equally (1/2 each) by the owners of the lots sharing the common
driveway easement area. Maintenance decisions shall be made by a unanimous
vote of the Owner's of lot(s)
4.33.3 Perpetual. The provisions contained in this paragraph 4.33
shall be perpetual and shall run with each affected lot. These provisions of
paragraph 4.33 as they apply to each of the common driveway lots may not be
amended unless such amendment is approved by a) the lot owners affected; b)
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the President of the Association, if the Association exists; and 3) the City of
ARTICLE 5:
ASSOCIATION, INC.
NEIGHBORHOOD
5.1 Organization of Neighborhood
Association, Inc. Neighborhood Association, Inc.
(the "Association") shall be initially organized by Grantor as an Idaho non-profit
corporation under the provisions of the Idaho Code relating to general non-profit
corporations and shall be charged with the duties and invested with the powers
prescribed by law and set forth in the Articles, Bylaws (attached hereto as Exhibit
b) and this Declaration. Neither the Articles not the Bylaws shall be amended or
otherwise changed or interpreted so as to be inconsistent with this Declaration.
5.2 Membership. Each Owner of a lot subject to assessment,
(including contract sellers), by virtue of being an Owner, and for so long as such
ownership is maintained, shall be a Member of the Association. the
memberships in the Association shall not be transferred, pledged, assigned or
alienated a xcept upon t he t ransfer o f 0 wner's t itle t he t ransferee o f s uch t itle.
Any prohibited membership transfer shall be void and will not be reflected on the
books of the Association.
5.3 Vo_ ting. Voting in the Association shall be carried out by Members
(including Grantor) who shall cast the votes attributable to the Building Lots
which they own. The number of votes any Member may cast on any issue is
determined by the number of Building Lots owned. When more than one person
holds an interest in any Building Lot, all such persons shall be Members but shall
share t he v ote a ttributable t o t he B uilding L ot. O ne I ot, o ne v ote. F or v oting
purposes, the Association shall have two (2) classes of Members:
5.3.1 Class A Members. Owners other than Grantor shall be
Class A Members. Each Class A Member shall be entitled to cast one (1) vote
for each Building Lot owned by such Class A Member(s) on the day of the vote.
One lot, one vote.
5.3.2 Class B Members. The Grantor shall be the Class B
Member, and shall be entitled to three (3) votes for each Building Lot owned by
Grantor. The Class B Member shall cease to be a voting Member in the
Association on the happening of either of the following events, whichever occurs
first: (a) when seventy-five (75%) percent of the Building Lots have been sold to
Owners other than Grantor; or, (b) on December 31, 2005.
5.3.3 No Fractional Votes or Severance from Land. Fractional
votes are not allowed. If joint Owners cannot agree how their vote will be cast,
they lose their right to vote on the matter being put to a vote. A vote cast will be
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conclusive for all purposes that the Owner had authority and consent of all joint
Owners. Votes may not be severed from the Building Lot. However, an Owner
may give a revocable proxy, or assign the Owner's right to vote to a lessee,
mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for
the term of the lease, mortgage, deed of trust or contract. Any sale, transfer or
conveyance of a Building Lot to a new Owner automatically transfers the voting
right to the new Owner.
5.4 Board of Directors and OfFicers. The affairs of the Association
shall be managed by a Board of Directors ("Board") and such officers or agents
as the Board may elect or appoint as provided in the Bylaws. The Board shall be
elected in accordance with the Bylaws.
5.5 Power and Duties of the Association. the Association shall have
all the powers of a corporation organized under the laws of the State of Idaho
subject only to the limitations set forth in the Articles, Bylaws, and this
Declaration. The Association shall have the power to appoint representatives
and the power to perform all acts which may be necessary or incidental to
discharge it's duties and responsibilities and to manage and operate the
Association's Common Areas and to manage and operate the Association's
Common Areas and assets. The Association's powers include, but are not
limited to, the following:
5.5.1 Assessments. The power to levy Assessments on any
Class A Owner as set out herein and to force payment as provided in this
Declaration.
5.5.2 Enforcement The power and authority in its own name, or
on behalf of any Owner who consents, to file and maintain actions and suits to
restrain and enjoin any breach or threatened breach of this Declaration, the
Articles or the Bylaws; and to file and maintain any action to enforce the terms
thereof.
5.5.3 Emergencv Powers. The power to enter upon any property
(but not inside any building) in any emergency where there is potential danger to
life or property or when necessary to protect or maintain Improvements for which
the Association is responsible. The Association may also enter upon any
property to prevent the waste of irrigation water. Such entry shall be made with
as little inconvenience to the Owner as practicable. Any damage caused by the
Association shall be repaired by the Association.
5.5.4 Licenses, Easements and Rights-of-Way; Cooperative
Agreements. The Association shall have the power to enter into any
cooperative or license agreements regarding water or irrigation systems. The
association shall have the power to grant and convey to any third party licenses,
easements and right-of-way in, on or under the Common Area or in any
BELLINGHAM PARK SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS - 13
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easement areas of any Lots as may be necessary or appropriate for the orderly
maintenance, preservation and enjoyment of the Property and Common Area,
and f or the p reservation of the h ealth, safety, convenience a nd w elfare of the
owners. The right to grant such licenses, easements and rights-of-way are
hereby expressly reserved to the Association and may be granted at any time
prior to twenty-one (21) years from the date of recording of these CC&R's.
5.6 Duties of the Association. In a ddition to d uties n ecessary and
property to carry out the powers delegated to the Association by this Declaration,
the Articles and Bylaws, the Association shall have the authority to perform,
without limitation, each of the following duties:
5.6.1 Operation and Maintenance. Operate, maintain, and
otherwise manage to provide for the operation, maintenance and management of
the Common Area, and, at the discretion of the Board, provide for: 1) the
cleaning and sweeping of the streets in the subdivision to keep construction mud
and debris to a minimum; b) mowing the vacant lots and maintaining right-of-way
areas in or adjacent to the subdivision to keep t he subdivision as a whole as
aesthetically pleasing as possible.
5.6.2 Taxes and Assessments. Pay all real and personal
property taxes and assessments including but not limited to water costs
separately levied against the Common Area or against the Association and/or
any other property in this Subdivision owned or managed by the Association.
Taxes, assessments and water costs may be contested or compromised by the
Association and the costs are a common area expense. The Association shall
pay any applicable federal, state or local taxes levied against the Association.
5.6.3 Water and Other Utilities. Acquire, provide and pay for
water, utilities, maintenance, operations costs, and other necessary services for
the Common Areas or any pressurized urban irrigation system.
5.6.4 Insurance. Acquire insurance coverage as the Board
deems necessary or advisable, from insurance companies authorized to do
business in the State of Idaho, and maintain any insurance ,policies including, but
not limited to the following: (1) Comprehensive public liability insurance insuring
the Board, the Association, the Grantor and/or the individual grantees and agents
and employees of each against any liability incident to the ownership and/or use
of the Common Area; (2) Directors' and officers' liability insurance; (3) Motor
vehicle insurance and Workmen's Compensation insurance; (4) Performance,
fidelity and other bonds the Board deems necessary to carry out the Association
functions or to insure the Association against any loss from malfeasance or
dishonesty of any employee or other person charged with the management or
possession of Association funds or other property. The Association shall be
deemed trustee of the interests of all Owners in connection with any insurance
proceeds paid to the Association under such policies, and shall have full pow3r to
BELLINGHAM PARK SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS - 14
receive the Owner's interests in such proceeds. All proceeds shall be used for
Association p urposes. I nsurance p remiums f or t he a bove i nsurance c overage
shall be a common expense to be included in the Regular Assessments levied by
the Association.
5.6.5 Enforcement of Restrictions and Rules. Perform such
other acts, whether or not expressly authorized by this Declaration, as may be
reasonable advisable or necessary to enforce any of the provisions of this
Declaration, the Articles or the Bylaws.
5.7 No Liability. No Board member, committee member, Association
officer, Grantor or its officers, directors or shareholders (collectively herein
"Grantor") shall be personally liable to any Owner, or any other party, including
the A ssociation, f or any damage, loss or p rejudice suffered or claimed on the
account of any act, omission, error or negligence of that person provided that the
person has acted in good faith and without gross, willful or intentional
misconduct.
5.8 Budgets: Operating Statement; Balance Sheet: Inspection.
Within sixty (60) days after the close of each calendar year, the Association shall
cause to be prepared and shall make available for inspection by any Owner; (1)
a b glance s heet a s of t he I ast d ay o f t he A ssociation's c alendar y ear; (2) an
annual operating statement reflecting the income and expenditures of the
Association for its last calendar year; and (3) a proposed budget and schedule
of Assessments for the current year. Notice of scheduled Assessments due shall
be given at least once a year.
5.9 Meetings of Association; Notice of Meeting and Assessments.
Each year the Association shall hold at least one annual meeting of the Members
on April 30, or some other date set by the board between April 15 and May 31. If
any meeting date falls on a weekend or holiday, then the meeting shall be on the
next following business day. Notice of such meeting shall be given at least 10
and no more than 30 days prior to the meeting and such notice may include
notice of the Assessments scheduled due for the coming year. Only Members or
their proxies shall be entitled to attend Association meetings. All other persons
may be excluded. Notice for all Association meetings, regular or special, shall be
given by regular mail to all Members, at the address for the lot in the subdivision
or the address supplied in writing to the Association. This notice shall set forth
the place, d ate a nd hour o f t he meeting a nd t he nature of t he b usiness to be
conducted. All meetings shall be held within the Property, or as close thereto as
practical, at a reasonable place selected by the Board. T he p resence at any
meeting of the Class B Member (or representative) where there is such a
Member, and of Class A Members representing Owners holding at least ten
percent (10%) of the total votes of all Class A Members, shall constitute a
quorum. If any meeting cannot be held because a quorum is not present, the
Members present may adjourn the meeting to another time not more than thirty
(30) days from the time the original meeting was scheduled. If the rescheduled
BELLINGHAM PARK SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS - 15
meeting is more than 30 days then additional notice of the next meeting shall be
given. At any subsequent meeting properly called, the presence of any Member
shall constitute a quorum.
ARTICLE 6. ARCHITECTURAL CONTROL
No building, structure, fence, wall, hedge, landscaping, painting,
obstruction, berm, driveway, or Improvement shall be placed on, under, over or
across any part of Subdivision unless a written request
(given to one of the Board of Directors of the Association or a person designated
by the Board) for approval thereof containing the plans and specifications
therefor, including exterior color scheme, has been approved, in writing, by a
member of the Board or any person designated by the Board. The initial. Board
and their addresses is as follows:
1.
2.
3.
ARTICLE 7. RIGHTS TO COMMON AREAS
7.1 Use of Common Area. Every Owner shall have the equal right to
enjoy the use of those Common Areas or common facilities which are designed
and built for such use. The Association may make reasonable rules governing
use of the Common Areas and facilities. All common areas and facilities shall be
owned by the Association. The Association shall have the power to suspend the
use of all common areas to Members who are in arrears for non-payment of
Assessments. However, the Association may not suspend street or sidewalk
access to a member's lot or home. The Association may dedicate or transfer all
or any part of the Common Area to any public agency, authority or utility for such
purposes agreed to by the Members. No dedication, mortgage or transfer of said
Common Area shall be effective unless an instrument agreeing to such
dedication or transfer is signed by the Grantor (if Grantor still owns any of the
Building Lots), and two-thirds (2/3) of the Class A Members. Transfer must also
be approved by any local government having jurisdiction over the transfer. Said
transfer shall become effective when the instrument is recorded. In the event
that an Owner's access to his lot is over any Common Area, then any transfer of
the Common Area shall be subject to an easement for the access of the owner.
7.2 Damages. Any Owner shall be liable for damage to any Common
Area which may be sustained by reason of the negligence of willful misconduct of
the Owner, the Owner's tenant, or the Owner's family, guests, agents,
contractors or invitees. In the case of joint ownership the liability of such Owners
shall be joint and several. The cost of correcting the damage shall be treated as
a Limited Assessment against the Owner and building Lot and may be collected
BELLINGHAM PARK SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS - 16
as provided herein. No Owner shall be liable for any amounts greater than is
legally allowable under Idaho law.
ARTICLE 8. ASSESSMENTS
8.1 Covenant to Pay Assessments. By acceptance of a deed to any
,property in Subdivision, each Class A Owner hereby
covenants and agrees to pay, when due, all Assessments or charges made by
the Association pursuant to this Declaration. In the event this subdivision is
developed in Phases, the lots in uncompleted phases shall not be assessed until
they become Class A Owner's lots. Declarant shall not pay any Assessments.
No Mortgagee shall be required to collect any assessments.
8.1.1 Assessment Constitutes Lien. Such Assessments and
.charges s et o ut h erein, t ogether w ith i nterest, c osts a nd r easonable a ttorneys'
fees which may be incurred in collecting the same, shall be a continuing lien
upon the property against which each such Assessment or charge is made.
8.1.2 Assessment Personal Obligation. Each Assessment
obligation set out herein which accrues during the time of ownership shall also be
the personal obligation of the Owner beginning the time the Assessment falls
due. This personal obligation for Assessments shall remain Owner's personal
obligation regardless of whether he remains an Owner. Notwithstanding
anything contained herein, the failure to pay assessments does not constitute a
default on an owner's federally insured mortgage.
8.2 Regular Assessments. All class A Owners are obligated to pay
Regular Assessments to the Association on a schedule of payments established
by the Board.
8.2.1 Initial Regular Assessment: The initial Regular
Assessment for the first calendar year (Year) is to be
($ ) per year per lot.
This initial assessment is due upon sale of a lot from Grantor and shall be
prorated on a calendar year basis based on the date of closing and shall be paid
to the Association by the Buyer upon closing of the first transfer of the lot from
the Declarant to the Buyer.
8.2.2 Regular Assessments. The proceeds from Regular (and
other) Assessments are to be used to pay for all costs and expenses incurred by
the Association, including but not limited to: (1) legal, accounting, management,
and professional fees: (2) the costs and expenses of construction,
improvement, protection, maintenance, repair, management and operation of the
Common Area and common facilities; (3) an amount allocated to an adequate
reserve f und, a stablished b y t he B oard, for repairs, replacement, m aintenance
and improvement of those elements of the Common Area, or other property of
the Association that must be replaced and maintained; (4) the cleaning and
BELLINGHAM PARK SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS - 17
sweeping of the streets in the subdivision to keep construction mud and debris to
a minimum; and (5) mowing the vacant lots and maintaining right-of--way areas
in or adjacent to the subdivision to keep the subdivision as a whole as
aesthetically pleasing as possible.
8.2.3 Computation of Regular Assessments. The Association
shall compute the amount of its Expenses on an annual calendar basis and shall
Assess each Class A Owner's lot equally for all Assessments (except the Limited
Assessments which are on a lot by lot basis). Regular Assessments for the
calendar year shall be pro-rated as of the date of closing.
8.2.4 4 Amounts Paid by Owners. the Board can require, in
its discretion payment of Regular Assessments in monthly, quarterly, semi-
annual or annual installments. The Regular Assessment to be paid by any
particular Owner, including Grantor, for any given calendar year shall be
computed by dividing t he Association's total advance estimate of expenses by
the total number of Building Lots in the Property (i.e., each Owner of a Building
Lot shall pay an equal share of Regular Assessments).
8.3 Special Assessments.
8.3.1 Transfer Special Assessment. Upon each transfer of any
lot in the subdivision and the recording of the deed each Buyer at closing shall
pay the Association a special transfer assessment of
($ )Dollars which shall be used for genera Association purposes.
8.3.2 Set-up Assessment. Upon the first sale of each lot in this
subdivision from the Declarant, the Buyer shall pay to the Association at closing
an initial Association set-up fee equal to
($ )dollars to be used for general Association purposes. This fee
shall be a one time initial set up fee, and shall not be prorated for any time left in
the calendar year. This set up fee assessment shall be paid in full regardless of
the time of year of the closing but shall only be paid once per lot.
8.3.3 Special Assessments. In the event that the Board shall
determine that its respective Regular Assessment for a given calendar year is or
will be inadequate to meet the Expenses of the Association for any reason,
including but not limited to costs of construction, reconstruction, unexpected
repairs or replacement of capital improvements upon the Common Area,
attorney's fees and/or litigation costs, other professional fees, the Board shall
determine the approximate amount necessary to defray such expenses and levy
an Excess or Special Assessment equally to all Class A Owners. No such
Assessment shall be levied which exceeds thirty-five percent (35%) of the
budgeted expenses of the Association for that calendar year, without the vote or
written assent of 2/3 of the Class A Owners. The Board shall, in its discretion,
determine the schedule under which such Special Assessment will be paid.
BELLINGHAM PARK SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS - 18
8.4 Limited Assessments. Notwithstanding the above provisions with
respect to Regular and Special Assessments, the Board may levy a Limited
Assessment against a Building Lot and the Owner thereof personally as a
remedy to reimburse the Association for costs (together with the 10%
management fee, interest and attorney's fees as provided in Article 9 below)
incurred in bringing the Owner and/or such Owner's Building Lot into compliance
with the provisions of these CC&R's.
8.5 Notice and Assessment Due Date. Except for the Special
Transfer Assessment, the Set-Up Assessment and initial prorated Regular
Assessment, written notice of all other assessments shall be given to the Owner
at the property address in the property covered by this Declaration or to such
other address as the Owner supplies in writing to the Board. Such notice shall
set out the amounts due and the date(s) due. Each installment of Assessments
shall become delinquent if not paid within ten (10) days after the levy and notice
thereof. The Association may bring an action against the delinquent Owner and
may foreclose the lien against such Owner's Building Lot as more fully provided
herein.
8.6 Late Fees; Interest on Past Due Assessments. Assessments of
any kind which are not paid within ten (10) days of the due date shall be
assessed an additional late charge of $ In addition, interest shall
be paid on the unpaid assessment at the rate of one and one-half percent (1-
1/2%) per month from the date the assessment was due until the date of
payment.
8.7 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 Building Lot Owner is in default under
the provisions of this Declaration, and further stating the dates to which any
Assessments have been paid by the Owner. Any such certificate delivered
pursuant to this paragraph may be relied upon by any prospective purchaser of
Mortgagee o f t he O wner's B uilding L ot. Reliance on s uch C ertificate may n of
extend to any default as to which the signor shall have had no actual knowledge.
ARTICLE 9. ENFORCEMENT OF COVENANTS AND
ASSESSMENTS;LIENS
9.1 Right to enforce; Attorney's Fees. The Association has the right
to enforce these covenants and to collect and enforce its Assessments. Each
Owner of a Building Lot, by accepting a deed to a Building Lot, covenants and
agrees to comply with the terms, covenants, conditions and restrictions contained
herein and to pay each Assessment provided for in this Declaration and agrees
to the enforcement of all covenants and Assessments in the manner herein
specified and/or by law. In the event an attorney or attorneys are employed for
the enforcement of any covenants or the collection of any Assessment, whether
BELLINGHAM PARK SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS - 19
• •
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
attorney's fees in addition to any other relief or remedy against such Owner. The
Board or its authorized representative may enforce these covenants or the
obligations of the Owner hereunder by: (1) direct corrective action against the
Owner or the offending violation; (2) litigation at law or in equity; (3) foreclosure
of the liens created h erein; (4) expenditure of f unds to remedy any violations;
and/or (5) any other lawful action.
9.1.1 Corrective Action. In the event an Owner fails to comply
with any provisions of these Declarations, the board shall have authority to take
appropriate corrective action against said Owner. Each Owner who is the
subject of such corrective action agrees to and shall pay all the costs of said
corrective action, plus interest on all expended funds from the date of
expenditure at the rate of 1-1/2% per month, plus a management fee equal to ten
percent (10%) of all the costs expended for the corrective action, and all
attorney's fees incurred. Such shall be a Limited Assessment against that Lot
and that Lot Owner and shall create a lien enforceable in the same manner as
other assessments set forth in these CC&R's. If such an assessment is not paid
within ten (10) days of notice of the limited assessment, the Owner shall also be
subject to late fees set out herein.
9.1.2 Notice of Corrective Action. Prior to taking corrective
action the Board, or its authorized representative, shall give notice to the Owner
of the violation of these Declarations, the remedy necessary and the date by
which the remedy must be completed. In the event the Owner has not remedied
the violation by the time set out in the notice, the Owner consents to corrective
action by the Board or its representatives and shall pay all the costs of such
corrective action as set out in this Declaration.
9.2 Assessment Liens. There is hereby created a lien with power of
sale on each and every Building Lot to secure payment of any and all
Assessments levied against such Building Lot together with other charges as
provided in this Declaration. All sums assessed in accordance with the
provisions of this Declaration shall constitute a lien on such respective Building
Lots upon recording of a claim of lien with the County Recorder. Such lien shall
be prior and superior to all other liens or claims created subsequent to the
recording of the claim of lien except for tax liens for real property taxes on any
Building Lot and Assessments on any Building Lot in favor of any municipal or
other governmental assessing body which, by law, would be superior thereto.
9.2.1 Claim of Lien. Upon default of any Owner in the payment of
any Assessment, the Association may cause to be recorded in the office of the
County Recorder a claim of lien. The claim of lien shall state the amount of such
delinquent sums and other authorized charges (including the cost of recording), a
sufficient legal description of the Building Lot(s) against which the same have
been assessed, and the name of the record Owner (or reputed Owner) thereof.
BELLINGHAM PARK SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS - 20
Each default shall constitute a separate basis for a claim of lien, but any number
of defaults may be included within a single claim of lien. Upon payment to the
Association of all Assessments and all other charges of any kind set out in this
Declaration or other satisfaction thereof, the Association shall cause to be
recorded a notice releasing the lien. The Association may demand and receive
the cost of preparing and recording such release before recording the same.
9.3 Method of Foreclosure. The lien may be foreclosed like a
mortgage; foreclosed by power of sale; foreclosed pursuant to Idaho Code 45-
507; or foreclosed by any other appropriate action in court. The Owner shall pay
all of the Association's attorney's fees and costs of the action if the Association
prevails. Any sale shall be conducted in accordance with Idaho law applicable to
the exercise of powers of sale. The Board is 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 to the extent allowed by law.
9.4 Action at Law. The Association may, in it's discretion, elect not to
foreclose the lien and simply file an action at law against the Owner for the
monies due. The Owner shall pay all of the Association's attorney's fees and
costs of the action if the Association prevails.
9.5 Required Notice. Any claim of lien shall be recorded with the
County Recorder. In the event that the Association elects to file a lien and
foreclose pursuant to Idaho Code 45-507, then the Association shall serve the
copy of the recorded lien on the Owner within 24 hours of the recording of the
lien as required by 45-507. no foreclosure action may be brought to foreclose
the lien, whether judicially, by power of sale or otherwise, until the expiration of
thirty (30) days after a copy of such claim of lien has been deposited in the
United States mail, certified or registered, postage prepaid, to the Owner of the
Building Lot(s) described in the claim of lien, and to the person in possession of
such Building Lot(s). No prior notice to the Owner is required for the Association
to file an action at law for the monies due; provided, however, that no action at
law can be filed until an Assessment is more than 60 days in default.
9.6 Subordination to Certain Trust Deeds. The lien for the
Assessments provided for herein shall be subordinate to the lien of any first deed
of trust or first mortgage given and made in good faith and for value that is of
record as an encumbrance against such Building Lot prior to the recording of a
claim of lien for the Assessments. The transfer of any lot pursuant to a
foreclosure of a first deed of trust or mortgage shall extinguish the lien of the
Assessments which came due before the foreclosure. Otherwise, the sale or
transfer of any Building Lot shall not affect any liens or lien rights that Association
has i n t his D eclaration. N or s hall s uch s ale o r transfer d iminish o r d efeat the
personal obligation of any Owner for Assessments.
BELLINGHAM PARK SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS - 21
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9.7 Rights of Mortgagees. Notwithstanding any other provision of this
Declaration, no amendment of this Declaration shall operate to defeat the rights
of the Beneficiary under any deed of trust upon a Building Lot made in good faith
and for value, and recorded prior to the recording of such amendment, provided
that after the foreclosure of any such deed of trust such Building Lot shall remain
subject to this Declaration as amended.
ARTICLE 10. EASEMENTS
10.1 Easements of Access. Grantor expressly reserves for the benefit
of all the Property and Owners reciprocal easements of access, ingress and
egress to and from their respective Building Lots. These reserved easements
are for; (1) installation and repair of utility services in the easement areas
identified on the plat; (2) drainage of water (by buried pipe and not by flooding)
across and under adjacent Building Lots and Common Areas in the drainage
easement areas shown on the plat; (3) reasonable and necessary access by
adjacent Owners for the maintenance and repair of fencing, retaining walls,
lighting facilities, mailboxes, sidewalk abutments, trees, landscaping and the like.
Such easements may also be used as necessary by Grantor and the
Association.
10.2 Utility Easements. This Declaration is subject to all easements
granted by Grantor before or after this Declaration for the installation and
maintenance of utilities, drainage facilities, sewer, water, irrigation systems and
the like that are required for the development of the Property. Grantor reserves,
for the benefit of the Association, the right to grant additional easements and
rights-of-way over the Property to utility companies and public agencies as
necessary or expedient for the proper development of the Property.
10.2.1 Improvement of Drainage and Utility Easement Areas.
No permanent structures or Improvements shall be constructed on any drainage
or utility easement areas which would interfere with or prevent the easement
from being used for it's intended purpose. Landscaping and fences in these
easement areas are permitted in this Declaration if they do not interfere with the
use of the easement.
ARTICLE 11. MISCELLANEOUS
11.1 Term. The easements granted in this Declaration shall be
perpetual. These CC&R's shall run with the land, and remain in effect, until
December 31, 2025, unless amended as provided. After December 31, 2025,
these CC&R's shall be automatically extended for successive periods of ten (10)
years each, unless amended or terminated by a recorded instrument executed by
Members holding at least three-fourths (3/4) of the voting power of the
Association. The Association shall not be dissolved without the prior written
approval of the City of Boise.
BELLINGHAM PARK SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS - 22
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11.2 Amendment by Grantor. Until the recording of the first deed to a
Building Lot, the provisions of this Declaration may be amended, modified,
clarified, supplemented, added to or terminated by Grantor alone by recording of
a written instrument setting forth such amendment or termination.
11.3 Amendment by Owners. Any amendment to this Declaration,
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, representing two thirds (2/3)
or more of the votes in the Association. Any amendment shall be effective upon
recording with the County Recorder of such amendment.
11.4 EfFect of Amendment. Any amendment of this Declaration
approved in the manner specified above shall be binding on all owners and all
Property, notwithstanding that some Owners may not have voted for or
consented to such amendment. Amendments may add to and increase the
covenants, conditions, restrictions and easements applicable to the Property but
no amendment shall prohibit or unreasonably interfere with the allowed uses of
any owner's property which existed prior to the said amendment.
11.5 Annexation of Additional Area. Declarant shall have the right to
annex and include additional areas owned by Declarant into these Declarations
and to make these additional areas subject to the jurisdiction of these CCR's and
the Association. Declarant may annex these additional areas by recording a
"Notice of Annexation" with the County Recorder describing the additional
property to be annexed and referring to these Declarations and specifically
stating in the notice any other or modified or additional restrictions that apply to
the additional lands. upon recording of the Notice of Annexation, these CC&R's
shall apply to the additional lands (as added to or modified by the Notice of
Annexation) as if the additional land were originally covered by this Declaration.
Thereafter, the rights, privileges, duties and liabilities of all parties with respect to
the additional lands and the lands described in this Declaration will be governed
by these Declarations and the Notice of Annexation as if all had been done
together originally. The Association shall manage all the lands together.
11.6 Mortgage Protection. No amendment of this Declaration shall
operate t o d efeat o r r ender i nvalid t he r fights o f t he b eneficiary u nder a ny f first
deed of trust made in good faith and for value, and recorded prior to the
recording of such amendment, provided that after foreclosure of any first deed of
trust such Building Lot shall remain subject to this Declaration, as amended.
11.7 Notices. Any notices required by these CC&R's shall be in writing
and may be delivered either personally, by mail, or by overnight courier. Delivery
shall be complete when served personally, posted prepaid at the Post Office or
delivered prepaid to the overnight courier. Notices shall be sent to Owners at the
address of the property or if the Owner has given a different address to the
Association in writing then notices shall be given to that address. Such address
BELLINGHAM PARK SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS - 23
• •
may be changed from time to time by notice in writing to the Association. Notices
to the Grantor and to the Association shall be given to that address of Grantor on
Page One until Owners are given notice in writing of another address for notice.
11.8 Enforcement and Non-Waiver. These CC&R's may be enforced
by Declarant, the Board, The association or any Owner. failure to enforce any of
the terms of this Declaration at any time shall not be a waiver of the right to do so
thereafter. Nothing contained herein shall be construed as an obligation of the
Declarant, Board, or Neighborhood Association shall have
any liability of any kind to any person or Lot Owner for failing to enforce any of
these CC&R's.
11.9 Successors and Assigns. All references herein to Declarant,
Owners, the Association or person shall be construed to include all heirs,
successors, assigns, partners and authorized agents of such Grantor, Owners,
Association or person.
DATED THIS day of ,
By.
Title
DEVELOPMENT LLC
STATE OF IDAHO, COUNTY OF ) ss.
On this day of ,before me, the undersigned a
Notary Public in and for said State, personally appeared ,
known o r i dentified tome to be t he , of t he Limited L iability
Company that executed the instrument, or the person who executed the
instrument on behalf of said Limited Liability Company, and acknowledged to me
that such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I h ave h ereunto set m y h and and a ffixed my
official seal the day and year in this certificate first above written.
Notary Public for Idaho
Residing in
My Commission Expires:
BELLINGHAM PARK SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS - 24
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EXHIBIT "A"
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BELLINGHAM PARK SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS - 25