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CC - Common Driveway EasementRecording requested by and returned to: BHH Investments I, LLC 1025 S. Bridgeway Place; Suite 290 ADA COUNTY RECORDER Christopher D. Rich 2015-068399 BOISE IDAHO Pgs=7 NIKOLA OLSON 09/23/2015 03:48 PM FIRST AMERICAN TITLE/MERIDIAN $28.00 Eagle, Idaho 83616 ELECTRONICALLY RECORDED • DO LVOT RECORDING REQUESTED BY REMOVE THE COUNTY STAMPED FIRST FIRST AMERICAN TITLE COMRANY PAGE AS IT IS NOW INCORPORATED AS AS AN ACCOMMODATION ONLY PART OF THE ORIGINAL DOCUMENT. PRIVATE DRIVEWAY MAINTENANCE AGREEMENT FOR WHITEBARK PHASE.1 THIS PRIVATE DRIVEWAY AGREEMENT FOR WHITEBARK ("Agreement") is made this qday of September, 2015, by BHH Investments 1, LLC, an Idaho limited liability company ("Declarant"), RECITALS: A. Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter defined and referred to as the "Property" or "Properties" more particularly described as follows: All of WHITEBARK SUBDIVISION NO. 1, according to the official plat thereof filed in Book of Plats at Pages thru , as Instrument No. 2015- , official records of Ada County, Idaho. B. Except as may be otherwise specifically set forth in this Agreement, the Property is subject to, benefitted and burdened by, all of the terms, covenants, conditions, restrictions and easements set forth in that certain Declaration of Covenants, Conditions, Restrictions and Easements for Whitebark Subdivision 1 (the "Declaration') recorded on even date herewith in the records of Ada County, Idaho, which Declaration, including all terms, provisions, covenants, conditions, restrictions and easements contained therein and the Exhibits attached thereto, are incorporated herein by this reference as if set forth in full. NOW, THEREFORE, Declarant hereby declares that the Property and Lots 5, 7 and 8, Block 1 of the Property (the "Shared Private Driveway Lots") are and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following covenants, terms and provisions of this Agreement which shall be covenants touching, concerning and running with the land constituting the Property and the Shared Private Driveway Lots. This Agreement shall be binding upon all persons having or acquiring any estate, right, title or interest in the Shared Private Driveway Lots, and each Owner of any Shared Private Driveway Lot, by acceptance of a deed to the Shared Private Driveway Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to the terms and provisions of this Agreement. This Agreement shall inure to the benefit of the Shared Private Driveway Lots within the Property, and PRIVATE DRIVEWAY AGREEMENT — Page 1 of 5 Private Driveway Maintenance Agreement - Whitebark.DOCX Recording requested by and returned to: BHH Investments I, LLC 1025 S. Bridgeway Place; Suite 290 Eagle, Idaho 83616 ELECTRONICALLY RECORDED - DO NOT RECORDING REQUESTED BY REMOVE THE COUNTY STAMPED FIRST FIRST AMERICAN TITLE COMPANY PAGE AS IT IS NOW INCORPORATED AS AS AN ACCOMMODATION ONLY PART OF THE ORIGINAL DOCUMENT. PRIVATE DRIVEWAY MAINTENANCE AGREEMENT FOR WHITEBARK PHASE 1 THIS PRIVATE DRIVEWAY AGREEMENT FOR WHITEBARK ("Agreement") is made this qday of September, 2015, by BHH Investments 1, LLC, an Idaho limited liability company ("Declarant"). RECITALS: A. Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter defined and referred to as the "Property" or "Properties" more particularly described as follows: All of WHITEBARK SUBDIVISION NO. 1, according to the official plat thereof filed in Book _ of Plats at Pages thru , as Instrument No. 2015- , official records of Ada County, Idaho. B. Except as may be otherwise specifically set forth in this Agreement, the Property is subject to, benefitted and burdened by, all of the terms, covenants, conditions, restrictions and easements set forth in that certain Declaration of Covenants, Conditions, Restrictions and Easements for Whitebark Subdivision 1 (the "Declaration") recorded on even date herewith in the records of Ada County, Idaho, which Declaration, including all terms, provisions, covenants, conditions, restrictions and easements contained therein and the Exhibits attached thereto, are incorporated herein by this reference as if set forth in full. NOW, THEREFORE, Declarant hereby declares that the Property and Lots 5, 7 and 8, Block 1 of the Property (the "Shared Private Driveway Lots") are and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following covenants, terms and provisions of this Agreement which shall be covenants touching, concerning and running with the land constituting the Property and the Shared Private Driveway Lots. This Agreement shall be binding upon all persons having or acquiring any estate, right, title or interest in the Shared Private Driveway Lots, and each Owner of any Shared Private Driveway Lot, by acceptance of a deed to the Shared Private Driveway Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to the terms and provisions of this Agreement. This Agreement shall inure to the benefit of the Shared Private Driveway Lots within the Property, and PRIVATE DRIVEWAY AGREEMENT - Page 1 of 5 Private Driveway Maintenance Agreement - Whitebark.DOCX shall inure to the benefit of and be binding upon Declarant, its successors in interest and assigns, and each Grantee or Owner and their respective successors in interest, and may be enforced by Declarant, the Association or by any Owner. 1. Definitions. All capitalized terms used in this Agreement and defined in Declaration shall have the same meaning as defined in the Declaration including, without limitation, the following: 1.1 "Association" shall mean and refer to Whitebark Homeowners' Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.2 "Lot" shall mean and refer to a Building Lot, except Lots 1, 2, 4, 6 and 9, Block 1; Lot 6, Block 3; and Lots 1 and 2, Block 4 of the Property which are Common Area Lots. 1.3 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1.4 "Shared Private Driveway" shall mean the vehicular driveway located on Lot 6, Block 1 of the Property located between the Shared Private Driveway Lots that provides vehicular and pedestrian ingress and egress to access the entrances and garages of the Shared Private Driveway Lots as depicted on the Final Plat of the Property. The Shared Private Driveways shall be maintained by the Owners of the Shared Private Driveway as provided in this Agreement; provided, however, that landscaping on the Lots contiguous to the Shared Private Driveways shall be maintained by the Association as depicted on Exhibit I (Phase I Landscaping). The Owners of the Shared Driveway Lots shall be collectively and jointly responsible for the general day-to-day cleaning, maintenance and upkeep of the Shared Private Driveway, and for snow and ice removal from the Shared Private Driveway. 1.5 "Shared Private Driveway Lots" shall mean Lots 5, 7 and 8, Block 1 of the Property. 2. Owners' Maintenance Obligations. 2.1 Maintenance Obligations. All of the Owners of the Shared Private Driveway Lots shall be collectively and jointly obligated to perform and pay for the costs of maintenance, repair and replacement of the Shared Private Driveway serving the Owners' Lots. The Owners of the Shared Driveway Lots shall be collectively and jointly responsible for the general day-to-day cleaning, maintenance and upkeep of the Shared Private Driveway, and for snow and ice removal from the Shared Private Driveway. 2.2 Costs of Maintenance. The Owners of Shared Private Driveway Lots shall share equally in the maintenance, repair and replacement costs for the Shared Private Driveway. 2.3 Performance of Maintenance Obligations. Following notice to and discussion with the Owners of Shared Private Driveway Lots regarding the need for maintenance, repair or replacement of the Shared Private Driveway, any Owner of a Shared Private Driveway Lot may PRIVATE DRIVEWAY AGREEMENT — Page 2 of 5 Private Driveway Maintenance Agreement - Whitebark.DOCX undertake and cause to be performed the necessary maintenance, repair or replacement of the Shared Private Driveway. The Owner of the Shared Private Driveway Lot undertaking and causing the maintenance, repair or replacement to be performed shall be entitled to contribution and reimbursement of all the costs therefore, plus a management fee equal to ten percent (10%) of such costs, in equal shares, from each of the other Owners of the Shared Private Driveway Lots. 2.3.1 Maintenance, repair or replacement of the Shared Private Driveway shall be undertaken and performed only after: (a) all Owners of the Shared Private Driveway Lots have been notified in writing of the need for the maintenance, repair or replacement, (b) all Owners of the Shared Private Driveway Lots have had reasonable opportunity to meet and/or correspond with each other to discuss the nature of and need for the maintenance, repair or replacement, (c) at least two (2) written bids or estimates for the maintenance, repair or replacement have been obtained and provided to each of the Owners of the Shared Private Driveway Lots, and (d) at least two (2) Owners of the Shared Private Driveway Lots agree in writing that the subject maintenance, repair or replacement is necessary. The Owner of the Shared Private Driveway Lot who undertakes and causes the necessary maintenance, repair or replacement to be performed shall provide all of the other Owners of the Shared Private Driveway Lots with a written accounting of all costs and the management fee incurred for same. 2.3.2 The Owner of a Shared Private Driveway Lot who undertakes and causes the necessary maintenance, repair or replacement of the Shared Private Driveway to be performed shall have the right to contribution, reimbursement and collection of all costs therefore, plus a management fee equal to ten percent (10%) of such costs, in equal shares, from all of the other Owners of the Shared Private Driveway Lots. Payment of an Owner's equal share of the costs and management fee for maintenance, repair or replacement of the Shared Private Driveway shall be the personal obligation of the Owner of a Shared Private Driveway Lot and shall be a lien upon the Owner's Shared Private Driveway Lot. The Owner undertaking and performing the maintenance, repair or replacement shall have the right to enforce the payment of such costs and management fee against a non-paying Owner by bringing an action to collect such payment, and/or to record a lien against a non-paying Owner's Shared Private Driveway Lot and to bring an action to foreclose such lien against the non-paying Owner's Shared Private Driveway Lot, and shall be entitled to an award of reasonable attorneys' fees and costs incurred as a consequence thereof. 2.3.3 Notwithstanding the foregoing, each Owner of a Shared Private Driveway Lot, at such Owner's sole cost and expense, shall immediately undertake and cause the repair of any damage to or replacement of the Shared Private Driveway, caused solely by said Owner, or its guests, invitees, permitted users and occupants of the Owner's Shared Private Driveway Lot. Such repairs or replacement shall be equal to or better than the condition that the Shared Private Driveway was in prior to the damage giving rise to the need for repair. If an Owner causing damage to the Shared Private Driveway fails to cause and pay for any such required repairs, then any of the other Owners of a Shared Private Driveway Lot may cause the repairs or replacement to be performed and enforce payment against the non-performing and non-paying Owner as set forth above in this section 2.3; provided, however, that a non-performing and non-paying Owner causing such damage PRIVATE DRIVEWAY AGREEMENT — Page 3 of 5 Private Driveway Maintenance Agreement - whitebark.DOCX giving rise to the need for repairs or replacement shall be solely responsible for the full payment of all costs of repair or replacement, the management fee and reasonable attorneys' fees and costs. I Enforcement. The Declarant, the Association or any Owner shall have the right to enforce, by any proceedings at law or in equity, all of the terms and provisions of this Agreement. Failure by the Declarant, the Association or by an Owner to enforce any term or provision of this Agreement shall not be deemed a waiver of the right to do so thereafter. In the event the Declarant, the Association or an Owner is required to initiate any action to enforce the provisions of this Agreement, it shall be entitled to recover from the Owner against whom enforcement is sought, all reasonable attorneys' fees and costs incurred as a consequence thereof, whether or not any lawsuit is actually filed. All costs of maintenance, repair or replacement for the Shared Private Driveway, the management fee and all attorneys' fees and costs incurred by the Declarant, the Association and/or any Owner shall be a continuing lien upon the non-paying and/or non- performing Owner's Shared Private Driveway Lot against whom enforcement is sought. All costs of maintenance, repair or replacement for the Shared Private Driveway, the management fee and all attorneys' fees and costs incurred by the Association shall be added to and become a part of the Limited Assessments and Enforcement Assessments to which the non-paying and/or non- performing Owner's Shared Private Driveway Lot is subject as provided in the Declaration. 4. Term and Amendment. The terms and provisions of this Agreement shall run with and bind the Property, for a term of twenty (20) years from the date this Agreement is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless an instrument signed by seventy-five percent (75%) of the then Owners of the Lots has been recorded, agreeing to change said terms and provisions in whole or in part. 5. Exhibits. All of the Exhibits referenced herein and attached to this Agreement are fully incorporated by this reference into this Agreement as if set forth in full, and are deemed to be and include material integral terms and provisions of this Agreement. PRIVATE DRIVEWAY AGREEMENT — Page 4 of 5 Private Driveway Maintenance Agreement - Whitebark.DOCX EXECUTED this Irday ,ay of September, 2015. DECLARANT: BHH Investments I, LLC, an Idaho limited liability company By: ames H. Hunter Its: Manager State of Idaho ) ) SS. County of Ada) On this day of September, 2015, before me,4M a Notary Public in and for said State, personally appeared James H. Hunter, known or identified to me to be the Manager of BHH Investments I, LLC, an Idaho limited liability company, the company that executed the within instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. $0 ,wo MW rtptva Notary Public for fdAo sj• `CT4.p�L My Commission Expires: IC .e t %0 IDA •�• PRIVATE DRIVEWAY AGREEMENT - Page 5 of 5 Private Driveway Maintenance Agreement - Whitebark.DOCX Project No. 13-127 Access and Utility Easement September 21, 2015 An access and utility easement located in the NE 1/4 of the NW 1/4 of Section 32, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 32, from which the North 1/4 corner of said Section bears South 89°43'47" East, 2645.04 feet; Thence along the Section line South 89°43'47" East, 1983.82 feet; Thence departing said Section line South 00°20'39" West, 73.00 feet; Thence South 89°43'50" East, 97.11 feet to the REAL POINT OF BEGINNING. Thence continuing South 89°43'50" East, 30.53 feet; Thence South 10°23'27" East, 211.91 feet; Thence along the arc of a non -tangent curve to the left, having a radius of 29.00 feet, a central angle of 62°44'24" , and a long chord bearing South 86°05'05" West 30.19 feet; Thence North 10°23'27" West, 214.15 feet to the Point of Beginning.