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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. .a 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- Ls:7 Signature (Seal} om issi � Eire1812t}2 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.