Declaration of Maintenance Covenant_RecordedAOA COUNTY RECORDER Christopher D. Rich 2018-082370
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 08/30/2018 10:51 AM
TITLEONE BOISE $25.00
DECLARATION OF MAINTENANCE COVENANT
THIS DECLARATION OF MAINTENANCE COVENANT (the "Declaration") is executed by BRIGHTON
PACIFIC ASSOCIATES I, LLC, an Idaho Limited Liability Company (Declarant") and recorded against that
certain real property owned by Declarant set forth on EXHIBIT A, attached hereto, and incorporated
herein by reference (the "Property").
Declarant hereby declares that, for so long as the Property continues to be used as a multi -family
residential development, it shall be held, ]eased, occupied, used and improved subject to the following
covenants and conditions, all of which are for the purpose of uniformly enhancing and protecting the
value, attractiveness and desirability of the Property.
1. Declarant shall cause to be maintained all of the Improvements in a in a commercially
reasonable manner. Said Improvements include, but are not limited to the apartment
buildings, clubhouse, amenities, carports, garages and common area light fixtures. No
Improvement shall be pemlitted to fall into disrepair, and each Improvement shall at all
times be kept in good condition and repair.
2. Declarant shall cause to be maintained all of the landscaping improvements owned by
Declarant and constructed throughout the Property and any owned greenscape areas
located on the Property in a commercially reasonable manner, including but not limited
to repairing, and -replacing, when necessary, automatic sprinkler systems and water
lines, and replacing of shrubs, trees, and other landscaping when necessary.
3. Declarant shall cause any Declarant owned roads, walkways and sidewalks within
the Property to be maintained in a commercially reasonable manner, including but not
limited to repairing, seal coating, and resurfacing, when necessary, all paved surfaces in
a level, smooth and evenly covered condition with the type of surfacing material
originally installed or such substitute as shall in all respects be equal or superior in quality,
use and durability; and restriping, when necessary.
4. Declarant shall cause the removal of any snow, papers, debris, filth and refuse and
shall thoroughly sweep the Property to the extent reasonably necessary to keep the
Property in a clean and orderly condition.
5. Declarant shall cause any erosion control and other similar features, including but
not limited to, retaining walls and other similar features, on the Propertyto be maintained
in a commercially reasonable manner and in compliance with all applicable laws and
regulations.
6. Declarant shall cause any Declarant owned area drains, or storm water systems
(not including any such systems owned by or the legal responsibility of parties other
than Declarant but located on the Property) to be maintained in a commercially
reasonable manner and in compliance with all applicable laws and
regulations.
7. Declarant shall maintain in a commercially reasonable manner and in compliance
with all applicable laws and regulations any Declarant owned sewer laterals from any
structures on the Property to the point that such laterals connect with sewer
systems owned by or controlled by parties other than Declarant.
8. Declarant shall maintain in a commercially reasonable manner and in compliance
with all applicable laws and regulations any Declarant owned culinary water
systems from any structures on the Property to the point that such systems connect with
culinary water systems owned by or controlled by parties other than Declarant.
9. Declarant shall cause all fences installed by it on the Property to be maintained,
repaired, and replaced, when necessary, in a commercially reasonable manner.
10. Declarant may employ or contract with any professional management company or
service provider deemed appropriate by it to perform any or all of the covenants and
conditions set forth in this Declaration or to other assist in the maintenance and
management of the Property.
11. Declarant may grant any and all easements, whether permanent or temporary,
exclusive or non-exclusive, in its sole and absolute discretion in order to perform
any or all of the covenants or conditions set forth hereunder or to otherwise manage
the Property in a commercially reasonable manner.
12. Declarant may institute and impose any rules, regulations or policies not prohibited
by law on any occupant of the Property in order to accomplish the goals of this
Declaration or otherwise manage the Property in a commercially reasonable manner
deemed appropriate by Declarant.
13. Nothing in this Declaration shall be deemed to be a gift or dedication of the
Property, or any portion thereof, to the public, or for any public use.
14. Every person who occupies or acquires any right to use any portion of the
Property does and shall be conclusively deemed to consent to this Declaration and the
covenants, conditions and provisions set forth herein.
15. Amendment of this Declaration may be undertaken by Declarant or its successors
in interest to the Property 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.
15. Declarant makes no representations or warranties to any third party of any kind, express
or implied, with respect to the Property, its physical condition, it fitness for any intended
use or purpose, its compliance with any laws or regulations except as is specifically set
forth and stated in this Declaration.
17. This declaration shall run with the land and be binding upon and inure to the benefit of
Declarant and any and all successors in interest of Declarant to the ownership of the
Property.
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38. In the event that Declarant or any successor in interest is comprised of more than one
person or organization, the obligations of said Declarant shall be joint and several.
19. This Declaration and any amendment or modification shall be recorded in the land
records of Ada County, Idaho.
IN WITNESS WHEREOF, this Declaration has been executed effective as of the day and year or
its recording in the legal real property records of Ada County, Idaho.
BRIGHTON PACIFIC ASSOCIATES I, LLC,
an Idaho limited liability company
By: TPC PPR Holdings I, LLC,
an Idaho limited liability company
Its: Manager
By: TPC MR Holdings I, LLC
an Idaho limited liability company
Its: Ma
nag
By:
Name: Caleb Roope
Its: Manager
3
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of Idaho
County of Ada
On August 29th. 2018 before me, Katie Callen, Notary Public, personally appeared Caleb Roope,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Idaho that the foregoing
paragraph is true and correct,
WITNESS my�a a jxp-
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Signature (Seal}
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KATIE CALLEN
NOTARY PUBLIC
STATE OE IDAHO
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Exhibit A
Lot 1 in Block 3 of Paramount Square Subdivision, according to the official plat thereof, filed in Book 189 of Plats at Pages 15588,
15587 and 15588, records of Ada County, Idaho.