CC - CC&Rs for maintenance of common area5.5.1.6.3 Mailboxes and sidewalk abutments around such mailboxes, or
any service facility, berms, fencing and landscaping abutting common
areas, public and private streets or land conveyed for any public or quasi-
public purpose including, but not limited to, bicycle pathways.
5.5.2 Duties. In addition to duties necessary and proper to carry out the power delegated to
the Association by this Declaration, and the Articles and Bylaws, without limiting the
generality thereof, the Association or its agent, if any, shall have the authority and the
obligation to conduct all business affairs of the Association and to perform, without
limitation, each of the following duties:
5.5.2.1 Operation and Maintenance of the Common Area. Operate, maintain, and
otherwise manage, or provide for the operation, maintenance, and management of,
the Common Area and Landscape Easement areas, if any, including the repair and
replacement of property damaged or destroyed by casualty loss, and the discharge of
any of the Association's duties and obligations under any shared use agreement with
any other entity, including, without limitation, the payment of its share of any and all
maintenance or capital improvement costs and expenses. Specifically, the
Association shall, at Grantors sole discretion, operate and maintain all properties
owned by Grantor which are designated by Grantor for temporary or permanent use
by Members of the Association. Such properties may include those lands intended
for open space uses and which may be referred to as non-buildable lots per the Plat.
Additionally, the Association may, in its discretion, limit or restrict the use of the
Common Area to the Owners residing in the Subdivision.
5.5.2.2 Reserve Account. Establish and fund a reserve account with a reputable
banking institution or savings and loan association or title insurance company
authorized to do business in the state of Idaho, which reserve account shall be
dedicated to the costs of repair, replacement, maintenance and improvement of the
Common Area.
5.5.2.3 Maintenance of Berms Retaining Walls and Fences. Maintain the berms,
retaining walls, fences, and water amenities within and abutting the Common Area
and Landscape Easement areas, if any.
5.5.2.4 Taxes and Assessments. Pay all real and personal property taxes and
Assessments separately levied against the Common Area, the Association, and/or any
other property owned by the Association. Such taxes and Assessments may be
contested or compromised by the Association, provided, however, that such taxes and
Assessments are paid or a bond insuring payment is posted prior to the sale or
disposition of any property to satisfy the payment of such taxes and Assessments. In
addition, the Association shall pay all other federal, state, or local taxes, including
income or corporate taxes levied against the Association, it may be required to pay by
law.
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
OLIVETREE AT SPURWING SUBDIVISION -15
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13.11 Association Articles and Bylaws. True and accurate copies of the Association's Articles of •
Incorporation and Bylaws as of the effective date of this Declaration are attached hereto as Exhibits ^
"C" and "D" and are incorporated herein by reference. ^
ARTICLE XIV: SPURWING GOLF COURSE *? m
14.1 No Access to Golf Course. No owner of a Building Lot shall be entitled to access The ^
Spurwing Golf Course ("Golf Course") from their Building Lot or any Common Area or other
property located in the Project.
14.2 Golf Course Easements. ^ m
14.2.1 There is hereby created an easement ("Golf Course Easement") in favor of ^
Declarant and The Club at Spurwing, and the invitees, members and social guests of The Club at
Spurwing, or their assignees, upon, over, across and through the Golf Course Easement area, as
designated on the Plat of the Olivetree at Spurwing Subdivision. The holder of this Golf Course ^
Easement shall be allowed to make full and complete use of the easement area, including permitting ^
members and invitees of the Golf Course to play golf thereon, retrieve balls therefrom, as well as to ^
drive golf carts thereon, and make such other uses of the Golf Course Easement area as are incidental
and necessary and proper to the enjoyment of the Golf Course Easement area for Golf Course uses _
and purposes. No Owner or Member shall, at any time, construct any improvement or in any way •
landscape any area lying within the Golf Course Easement, it being the intention of Declarant that all ^
improvements of any nature, including all landscape improvements, be installed and maintained by ^
The Club at Spurwing, for the purpose of maintaining the integrity of the Golf Course Easement
area. There is hereby reserved a further easement in favor of Declarant and The Club at Spurwing, _
upon, over, across and through the Common Areas for the purpose of operating, maintaining, ^
planting, replanting and repairing the Golf Course facilities. ^
14.2.2 The Building Lots and any Common Areas immediately adjacent to the Golf
Course are hereby burdened with a non-exclusive easement in favor of the Golf Course for o verspray ^
of water from any irrigation system serving the Golf Course, as well as for any chemicals, fertilizers, ^
insecticides and other substances which may be applied to the Golf Course but which may impact the
Building Lots and any Common Areas. Under no circumstances shall the Grantor, Pacific Links, the ^
Association or The Club at Spurwing or any subsequent owners of the Golf Course be held liable for
any damage or injury resulting from such overspray or the exercise of these easements. ^ m
14.2.3 The Club at Spurwing, Pacific Links, or any later owner of the Golf Course, their ^
respective successors and assigns, shall have a perpetual, exclusive easement of access over the ^
Property lying reasonably within range of golf balls hit from the Golf Course for the purpose of
retrieving golf balls from bodies of water within the Common Areas, if any. ^ m
14.2.4 The Common Area shall be burdened with easements for natural drainage of storm ^
water runoff from other portions of the Property and the Golf Course; provided, no person shall alter ^
the natural drainage on any Common Area so as to materially increase the drainage of storm water
onto adjacent portions of the Project without the consent of the owner of the affected property. ^ m
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ^
OLIVETREE AT SPURWING SUBDIVISION - 36 ^
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) 14.2.5 The Declarant hereby further reserves for itself and for the benefit of the person or
^ entity developing or owning the Golf Course, including The Club at Spurwing, which is located
outside the Project, the following described easements:
*
) 14.2.5.1 All golf cart path easements, private roads and ingress and egress
) easements designated as such on a Plat or Plats of the Property which shall be used as golf cart paths,
^ pedestrian walkways, maintenance and vehicle access, and unhindered access between the Project
, and the Golf Course. Nothing shall be placed or maintained in any golf cart path easements which
shall interfere with utilization thereof as a playable part of the Golf Course.
)
) 14.2.5.2 The right to utilize areas of the Common Areas and Golf Course
I Easement areas for temporary, above-ground utility lines for use solely in conjunction with
tournaments and special events on the Golf Course Facilities. Such use shall not interfere with or
damage the primary use of the areas so affected and the utility lines and installations shall be
removed by The Club at Spurwing, and all damage repaired promptly upon conclusion of each such
) tournament and special event.
) 14.2.5.3 Declarant reserves the right to grant or deed such other easement rights
to The Club at Spurwing, or the person or entity developing the Golf Course and to impose such
) additional restrictions on the Golf Course Easement areas at that time and from time to time as may
} be reasonably required to effectuate the purposes of the foregoing easements. The reservation of the
t. Golf Course Easement is made for the benefit of the Declarant, The Club at Spurwing, Pacific Links,
the members and invited guests or any golf club associated with the Golf Course, and for associated
maintenance and service personnel, for golf course and related recreational purposes. I
} 14.3 Golf Course and Clubhouse Facilities.
14.3.1 ALL PRESENT AND FUTURE OWNERS, OCCUPANTS AND OTHER
PERSONS AT ANY TIME PRESENT UPON OR HOLDING ANY INTEREST IN THE
> , PROPERTY OR ANY PORTION OR A BUILDING LOT HEREBY ACKNOWLEDGE AND
I AGREE THAT THEY ARE FULLY AWARE OF THE FACT THAT THE ACQUISITION OF
. PROPERTY ADJACENT TO OR IN THE VICINITY OF A GOLF COURSE HAS CERTAIN
RISKS, INCLUDING THE RISK THAT FROM TIME TO TIME GOLF BALLS FROM THE
GOLF COURSE MAY ENTER UPON OTHER PORTIONS OF THE PROPERTY AND DO
i DAMAGE TO PERSONS AND PROPERTY. ALL SUCH PERSONS ARE HEREBY ADVISED
I THAT THE GOLF COURSE HAS BEEN DESIGNED WITH LIMITED BUFFERS BETWEEN
. PLAYING AREAS AND ADJOINING ROADWAYS AND RESIDENTIAL PROPERTIES AND
ALL SUCH PERSONS AND OWNERS HEREBY EXPRESSLY ASSUME SUCH RISK AND
ACKNOWLEDGE AND AGREE THAT NO CLAIM FOR ANY HARM, DAMAGE OR INJURY
I OF ANY KIND CAUSED OR OCCASIONED BY GOLF BALLS OR ANY OTHER HAZARD
, ASSOCIATED WITH THE MAINTENANCE, OPERATION AND USE OF THE GOLF COURSE
OR TO ENJOIN THE SAME SHALL BE MADE AGAINST THE DECLARANT, THE CLUB AT
SPURWING, PACIFIC LINKS, THE DESIGNERS, THE OWNER OR OPERATOR OF SUCH
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' DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
i OLIVETREE AT SPUR.WING SUBDIVISION -37
GOLF COURSE, OR ANY PLAYERS THEREON OR MEMBERS, THEIR INVITED GUESTS i
OR ANY OTHER OWNER OR OTHER PERSON. i
14.3.2 All persons, including all Owners, are hereby advised that no representations or
warranties have been or are made by the Declarant or any other Person with regard to the continuing *
existence, ownership or operation of the Golf Course, if any, and no purported representation or *
warranty in such regard, either written or oral, shall ever be effective without an amendment to this \
Declaration executed or j oined into by the Declarant. Further, the ownership and/or operation of the s
Golf Course, if any, may change at any time and from time to time by virtue of (a) the sale to or
assumption of operations of the Golf Course by an independent entity or entities; (b) the creation or *
conversion of the ownership and/or operating structure of the Golf Course to a "public play" club or $
similar arrangement whereby the Golf Course or the rights to operate it are transferred to an entity ^
which is owned or controlled by its members; (c) the transfer of ownership or control of the Golf ^
Course to one or more affiliates, shareholders, employees, or independent contractors of the
Declarant; and (d) the cessation of the use of the Golf Course Facilities as a functioning golf course *
and its conversion to an entirely different use. No consent of the Association or any Owners shall be *
required to effectuate such transfer or conversion. ^
14.3.3 Neither the Declarant, the Association, Pacific Links, The Club at Spurwing nor
the owner or operator of the Golf Course guarantees or represents that any view over and across the
Golf Course from adjacent Building Lots will be preserved without impairment. The owner of the t
Golf Course, if any, shall have no obligation to prune the trees or other landscaping, and shall have ^
the right, in its sole and absolute discretion, to change the location, configuration, size and elevation
of the trees, bunkers, fairways and greens on the Golf Course from time to time in its unfettered
discretion. Any such additions or changes to the Golf Course may diminish or obstruct any view ^
from the Building Lots and any express or implied easements for view purposes or for the passage of ^
light and air are hereby expressly disclaimed. ^
\s 14.3.4 In recognition of the fact that the provisions of these paragraphs are for the benefit
of the owner of the Golf Course, no amendment to this Section, and no amendment in derogation of
any rights reserved or granted to the owner of the Golf Course by other provisions of this Declaration ^
may be made without the written approval of the owner of the Golf Course. The foregoing shall not %
apply, however, to amendments made by the Declarant.
14.3.5 It is Declarant's intention that the Association and the owner of the Golf Course *
shall cooperate to the maximum extent possible in the operation of the Property and the Golf Course. ^
Each shall reasonably assist the other in upholding the high quality of the overall project. The ^
Association shall have no power to promulgate rules and regulations affecting activities on any ^
portion of the Golf Course.
14.3.6 The pressurized irrigation system used in conjunction with the Property shall be *
available for irrigation purposes on the Property. Declarant reserves the right to collect, use, ^
appropriate all underground and percolating water, both tributary and non-tributary, within and under
the Property, together with easements to construct, maintain, replace, and repair tiles, drains, lines,
and pipes at appropriate locations for collection and carrying underground or percolating water. %
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DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR *
OLIVETREE AT SPURWING SUBDIVISION - 38 *
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IN WITNESS WHEREOF, the Declarant has executed this Declaration effective as of the
date first set forth above.
SPURWING LIMITED PARTNERSHIP,
an Idaho limited liability partnership
By: Spurwing Corporation
General Partner
J om^-Wr^BWittrPresident
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
OLIVETREE AT SPURWING SUBDIVISION -39