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Declaration of Maintenance CovenantsADA COUNTY RECORDER Christopher D. Rich 2015-004340 BOISE IDAHO Pgs=3 VICTORIA BAILEY 01/20/2015 09:18 AM LINDER SPRINGS AMOUNT:$16.00 1111111111111111111111111111111111111111111111111 00068237201500043400030036 n DECLARATION OF MAINTENANCE COVENANTS CZE Sri �qs LINDER SPRINGS, LLC, an Idaho limited liability company (hereafter, "Declarant"), hereby establishes the maintenance and ownership responsibilities for the management of the Linder Springs Apartment Project (hereafter, "Linder Springs") pursuant to, and in conformity with, the provisions of Meridian City Uniform Development Code section 11-4-3-27G. These covenants are made on the following terms and conditions: 1. The property which are subject to these covenants (hereafter, "the Property") is legally described on Exhibit "A," attached hereto, and includes all improvements and fixtures of that property. 2. These covenants shall be binding upon, and shall run with any future transfer of, the Property so long as said Property is used as a multi -family residential development. 3. Declarant shall cause the Property to be maintained in a commercially reasonable manner. No improvement shall be permitted to fall into disrepair, but shall, instead, be maintained in good condition and repair. 4. Declarant shall maintain and repair the landscaping improvements throughout the Property including all plants and trees, water lines, sprinkler and drip -system lines, and fencing in reasonably good condition and repair. 5. Declarant shall replace trees, plants, shrubbery, and/or grass when necessary. 6. Declarant shall maintain, repair, restripe, and resurface all privately owned roadways, pathways, and parking areas within or upon the Property in a commercially reasonable manner and timetable. 7. Declarant shall also be responsible for trash and debris removal and shall, as needed to keep the premises in a clean and orderly condition, cause the premises to be swept from time to time. 8. Declarant shall be responsible for the management and removal of snow and ice accumulation on the Property in the manner required by law. 9. Declarant shall maintain sewer drainage and storm water drainage systems located within the Property from the buildings on the Property to the point that such systems connect to systems maintained by other entities. 10. Existing culinary (potable) water systems and services shall be maintained by Declarant. 11. All occupants and users of the Property shall be deemed to have consented to the covenants set forth herein. DECLARATION OF MAINTENANCE COVENANTS --- Page No. 1 12. Declarant reserves the right to amend these covenants from time to time so long as such amendment does not violate any legally binding provision of any recorded Development Agreement, or any state or local ordinance or law. 13. Declarant's covenants herein shall not constitute a representation or warranty, express or implied, to any party or person with respect to the Property, its physical condition, its fitness for any intended use or purpose, its compliance with any laws or regulations except as is specifically set forth in this Declaration. Declarant shall have the authority to determine what repairs and maintenance are commercially reasonable. This Declaration is executed as of this k day of January, 2015. LINDER SPRINGS, LLC, Declarant By B4ry Peters, Manager; and I l By es Cox, Manager STATE OF IDAHO ) COUNTY OF ADA ) S. S. On this t (fi day of January, 2015, personally appeared BARRY PETERS and JAMES COX, known or identified to me to be the Managers of LINDER SPRINGS, LLC, an Idaho limited liability company, and acknowledged to me that they executed the foregoing instrument on behalf of said limited liability company. .• ST p�.•• 'GARY •: r Zs•. PUBS :.�• S ATE Off' , Notary Public foLlda'$:b Residing at l My commission expires: DECLARATION OF MAINTENANCE COVENANTS -- Page No. 2 Idaho I , 00:;4-Q? EXHIBIT "A" LEGAL DESCRIPTION Physical Address: 1465 W. Deer Crest Street, Meridian, Idaho 83646 Lot 6 in Block 2 of Commercial Southwest Subdivision No. 3, according to the official plat thereof, filed in Book 105 of Plats at Pages 14444, records of Ada County, Idaho. DECLARATION OF MAINTENANCE COVENANTS -- Page No. 3