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2020-01-28 Regular
CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, January 28, 2020 at 6:00 PM 1. Roll-Call Attendance X Liz Strader X Joe Borton X Brad Hoaglun X Treg Bernt X Jessica Perreault X Luke Cavener X Mayor Robert E. Simison 2. Pledge of Allegiance 3. Community Invocation with Steve Moore of Ten Mile Christian Church 4. Adoption of Agenda - Adopted 5. Announcements 6. Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. 7. Community Items/Presentations A. Investor-Owned Rental Subdivisions Citizen Presentation 8. Action Items Public Hearings for Land Use Applications follow this process: Once the Public Hearing is opened, City staff will present their report. Following the report, the applicant is allowed up to 15 minutes to present their application. Members of the public are allowed up to 3 minutes each to address council regarding the application. If a person is representing a large group such as a Homeowner's Association, indicated by a show of hands, they may be allowed up to 10 minutes. Following all public testimony, the applicant is then allowed 10 additional minutes to respond to comments. Once the public hearing is closed, no additional testimony will be received. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Public Hearing for Village Apartments (H-2019-0144) by GFI - Meridian Investments, LLC, Located at 2600 N. Eagle Rd. 1. Request: A 2-year Time Extension on the conditional use permit (CUP-15-019) approval of a 336-unit multi-family development on 16.68 acres of land in the C-G zoning district. 9. Ordinances [Action Item] A. Ordinance No. 20-1872: An Ordinance (H-2019-0111 Waterwalk) For Rezone of A Tract Of Land Situated In The Southeast Quarter Of The Southeast Quarter Of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification From I-L (Light Industrial) Zoning District To C-G (General Retail And Service Commercial) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date - Approved 10. Future Meeting Topics Meeting Adjourned at 6:57 p.m. Meridian City Council January 28, 2020. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, January 28, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Adrienne Weatherly, Bill Nary, Sonya Allen, Clint Dolsby, Jamie Leslie, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: I will go ahead and call this meeting to order. For the record it is Tuesday, January 28th, 2020, at 6:00 p.m. We will begin this meeting with roll call attendance. Item 2: Pledge of Allegiance Simison: Okay. Item No. 2 is the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation with Steve Moore of Ten Mile Christian Church Simison: Okay. Item No. 3 is our community invocation, but I do not see Pastor Moore in attendance. Item 4: Adoption of Agenda Simison: So, we will go ahead and move on to Item No. 4. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as presented. Hoaglun: Second. Meridian City Council Meeting Agenda February 4,2020— Page 96 of 298 Meridian City Council January 28,2020 Page 2 of 20 Simison: I have a motion and a second to adopt the agenda. Is there any discussion? If not, all those in favor signify by saying aye. All -- nays? No nays. The ayes have it. The motion is adopted. MOTION CARRIED: ALLAYES. Item 5: Announcements Simison: Are there any announcements? Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Simison: Okay. Hearing none, we will move on to Item No. 6, public forum. Did anyone sign up under public forum? Weatherly: Thank you, Mr. Mayor. No additional people have signed up under the public forum, with the exception of a gentleman here for Item 7-A. Item 7: Community Items/Presentations A. Investor-Owned Rental Subdivisions Citizen Presentation Simison: Then with that we will move to Item 7-A, Community Items/presentations, investor owned rental subdivisions. If you wouldn't mind coming forward and state your name and address for the record, please. Hunt: Hello. My name is Steven Hunt. I live at 5031 West Ravenscroft Street, Meridian, Idaho. 83646. And I would like to thank the City Council in advance here for taking a few minutes and looking at the situation about investor owned rental subdivisions. I'm here tonight speaking on behalf of Turnberry Crossing, Autumn Faire and Ashford Green Subdivisions. All of these subdivisions are -- have HOAs. They are all filed with the county and they all went through a procedure that almost all subdivisions in -- in Meridian have gone through and that procedure involves the filing of CC&Rs with Ada County Recorder's Office. The one that you see on your screen right now is the one that was filed for Turnberry Crossing Subdivision back in 1998. The subdivisions that are now coming into being, which are investor owned, sometimes do not and probably will not have a homeowner's association. So, if they don't have to file anything with the county stating what they expect their tenants or what they expect -- or how they expect to maintain their properties, how can all of the surrounding subdivisions feel comfortable knowing that there is going to be 70 homes in Burlingame Subdivision, they are all going to be rentals and, basically, there are no procedures, other than the standard city code. So, I did a little research on the advice of Bill over here and he said, you know, they had to follow all the city codes. Here is what happens when a renter moves in. And I can speak from experience, because we have an America Homes For Rent house in Turnberry Crossing Subdivision where the renters move in, America Homes For Rent does not give them a copy of the CC&Rs, which they are required to do, which we have Meridian City Council Meeting Agenda February 4,2020— Page 97 of 298 Meridian City Council January 28,2020 Page 3 of 20 asked them to do and they move in and they find out they can't park their boat out in front of their house and so they are very upset and they have just signed a year's lease. It makes for a very, very, very difficult situation and nine times out of ten the tenant will abandon the house ASAP or they will figure out a way to get their boat in the garage or whatever it is. Their trailer. Whatever. So, you can see where the difficulty comes in. was really enthused when I went and looked at the city code and found that most of the general problems that you have with renters that move into a subdivision that has HOAs or even one that doesn't, they can always claim ignorance and say no one ever told me this. They never told me there was a homeowner's association. They never told me you had CC&Rs and, frankly, they don't know anything about city codes either. So, when they get into trouble the first thing they do is claim ignorance and, then, you have to go get a hold of whoever the investor is of the subdivision. He may or may not live in Idaho, as is the case here with Burlingame, they live in California. So, who do you contact? Who do you contact when there is a problem like that? It could be a problem that is noticed by someone driving through the subdivision that happened to live in the subdivision next door. It could be another renter right in the same subdivision. How does the City Council know that America Homes For Rent has supplied these people that are moving into the subdivision the -- how can I say this? The information they need. Our goal here is to maintain property values and calm surrounding homeowners and homeowner associations concerns about 70 homes in Burlingame rental subdivisions. So, I have come tonight with a few suggestions and they aren't real tough. If you look at the Meridian Police Department code enforcement areas, 728 is the area where Burlingame Subdivision resides. The three subdivisions that I pointed out to you are surrounding in 729 and 719. So, they completely surround the subdivision. They were all required to file the document that I showed you with the Ada county. My question to Council is is America Homes For Rent filing anything with the county stating that they have some kind of understanding or they are going to have some kind of guidelines for these people that live in their -- all these rental homes? I don't know. And neither does anybody else. So, if they don't have to file anything and all they are going to do is follow the city code, which is really -- it covers just about everything. All of the items that I pointed out -- and I'm looking for my -- my page here. Oh, here we go. If you look on the page in front of you now and you go down to the -- the six or seven items -- first of all, are fences allowed in front yards. When -- when a person moves into our subdivision they know that there is no fences allowed in the front yard and you can't tie your dog up out there. You can't do anything; right? Except you are expected to keep it -- and we have guidelines. So, where are the guidelines? Okay. The guidelines are the regular city code that says you can't have any weeds over eight inches high. You have got to maintain your grass, et cetera, et cetera. What would the -- what would it hurt to have a meeting with a developer or owner and ask them to give every tenant a copy of the city code and to let the tenants know when they move in here is the city code, here is what you are expected to do and here is what you can and cannot do in these houses and if you look you will find that even subdivisions that don't have an HOA they still file a document with Ada county and it says in there we are going to maintain our homes to this standard. There is no fences in the front yard or whatever those guidelines are. These people that are moving in here need to have some guidelines. They need to have them and they need to have them in writing. Not only do I feel that way, the surrounding subdivisions -- and I'm here tonight Meridian City Council Meeting Agenda February 4,2020— Page 98 of 298 Meridian City Council January 28,2020 Page 4 of 20 representing -- they feel that way, too. So, just envision this if you would. You sit down and have a meeting with them and you ask them we would like you to give all of your new tenants copies of these particular codes -- and I have itemized them here. Chapter 2 -- 4-2-1 through 4-2-5, along with parking. Parking is another thing that we have found with rentals in our subdivision. For some reason people just think they can park any which way they want to park on the street. Even if it's in a subdivision their city code still applies. Am I correct? So, you can't park facing the wrong direction on a two way street. You can't do that. So, what do you do? Somebody has to file a complaint; right? Then code enforcement gets involved and it goes right down the whole path. Why not get with this developer or this owner of this property and say we want a local phone number -- not just for anybody -- for your tenants to be able to call if they have a question, if something's broken, who is going to fix it. We have run into this time and time again. Not only with American Homes For Rent, but with other rentals in our subdivisions. Out of the three subdivisions that I told you about, one of them has over 50 rentals. They have multiple property management companies, multiple owners, everything. Getting a hold of a person out of state and getting something fixed in those homes can be a very lengthy process. So, this could all be avoided right now, especially in this subdivision that's surrounded by homeowner associations, and there is a lot of people, you know, they are basically wringing their hands. So, if the City Council is willing to do that or at least consider it, all kinds of things can happen. We did something as simple as this. We had a lot of creative people on our homeowners association. It says welcome to the subdivision. It tells you when the trash is collected and it tells you basic things that are going on in the subdivision. When these renters move into our homes in our subdivision they have no idea what's going on and it's not just because we have a homeowner's association, they just don't know. So, why not work something out with this guy, because they are -- they have several other subdivisions going on in Meridian and in Star and in Caldwell. Why don't we in Meridian set an example -- lead by example here. Work out an agreement with this owner and developer, have him sit down with the tenants, give them some guidelines to go by and you are going to save a lot of grief down the road. A lot of grief. And I just can't -- I can't express enough the situations that we have dealt with. As simple as our subdivision -- which we only have five rentals and two of them are American Homes For Rent and we have had multiple issues with multiple owners of these rental homes. So, my question to you guys is are you open to doing something like this or has -- what can we do? Simison: Thank you for your presentation. Council, do you have any questions or comments at this time? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I do have a comment and I invite legal counsel to correct me if I'm -- if I'm wrong, but it's my understanding that any development that comes before us, whether it's going to be -- it's going to be used for rentals or for -- for owner occupancy, if there are common areas in that development they are required to create a homeowner's Meridian City Council Meeting Agenda February 4,2020— Page 99 of 298 Meridian City Council January 28,2020 Page 5 of 20 association to maintain those common areas and, therefore, they typically create CC&Rs and CC&Rs are the -- the legal documents that are regulating the things that you are bringing before us, with the exception of -- of what we oversee in city code. So, any of the American Homes For Rent communities that are coming before us that are existing solely for the purpose of renting all of the homes in that community are going to be required to -- if they have common areas that they are maintaining, they are going to at least be at minimum required to file CC&Rs to address the maintenance of those. So, is that -- is my understanding correct? Nary: You're correct. Perreault: Okay. So, I would like to let you know that. Hunt: And that gets us part way there. That gets us part way there. So, what can we do -- or is it possible -- and maybe you guys can brainstorm something. Here are the other things that don't fall under city code. Garbage cans in front of houses. It doesn't say anything anywhere about the city, except if you have a garbage can full of garbage, right, sitting out there for days -- but are we going to have a subdivision that is surrounded by other subdivisions where everyone's required to put their garbage can away within 48 hours after this -- after trash is picked up or they get a letter and they get fined by the HOA, are we going to have a subdivision of 70 homes where they can just leave their garbage cans out all the time? So, that would be something that the owner -- if you live -- we could talk to the owner about. All he has to do is say when they move in you -- you must pick up your garbage cans. It says like right here. It says you can put your cans out the night before, but, please, put them away on Friday after they have been emptied. And you have got to ask -- you can ask them nicely. If they don't do it, then, the owner or the phone number -- the phone number -- the homeowner's association surrounding the subdivision, our phone number is filed with Ada county. We should have a local phone number where if there is problems in that subdivision we can call that phone number and say, hey, this is what's going on in your subdivision, you need to do something about it. That's what people do to us and call us on a regular basis if there is something wrong. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I think it would help me if you could try to explain a little more where you are coming from. Is your concern mainly individual rental properties with this company that might fall under your HOA or is your concern the investor owned rental subdivisions? And the reason I'm asking -- if you will give me a second. The reason I'm asking that is it occurs to me that if an investor had a whole neighborhood that they were trying to maintain -- at least some of the development folks I have met with have said that they have very strong standards, because they are trying to protect their investment; right? Hunt: Right. Meridian City Council Meeting Agenda February 4,2020— Page 100 of 298 Meridian City Council January 28,2020 Page 6 of 20 Strader: They are trying to say, hey, you can only fly the American flag. You got to -- they have a program to have one, et cetera. And so I'm trying to understand if your concern is sort of like enforcement of your HOA regulations with individual rentals through a big company or is your concern more these large investor owned subdivisions? Hunt: My concern is the large investor owned subdivision and, frankly, because it's right next door to us. It's right next door to our subdivision. If that subdivision goes to pot for whatever reason, then, what happens our property values and the property values across Black Cat in Ashford Greens? They are just as concerned as we are. And so I agree with what you are saying, but what I would like to see or -- and you don't know it until they want to build the first house, because according to what I have been told by Planning, what happens is before the permit is given to build the very first house in the subdivision, there has to be certain documents filed with Ada --Ada county. Those documents are the ones you are referring to and the ones you are referring to regarding the common areas. So, once those documents are filed, then, they will give the permit to build the first house. But that first house renter doesn't know that he's expected to, you know, have some kind of guidelines -- or at least get a copy of the city code that tells him what he has to do per the city code. Somebody needs to give that renter that information. In our case we go to people's houses and we hand them a letter like the one you see in front of you now and we say -- and they go -- 99 percent of the time they say I never even knew there was an HOA here. This is -- Burlingame doesn't have an HOA, but they do have documents and they are -- they are required to follow the city code. If that's the case, let's get them to give all their tenants a copy of the city code saying this is what you can and can't do and the added -- the added ones that they want to have in there. I know if I was the investor, you know, I would want to have standards. I wouldn't have to have an HOA, I would say you are going to live in this subdivision, here is the rules. That's it. And you are a renter. You don't even own the house. I own the house. So, that's what I would do and I totally agree with you. But we can help -- we can help avoid what I can guarantee you will be a huge headache, because if people think they can get away with it they will. We know that. They won't take care of it if they are not informed. Cavener: Mr. Mayor? Simison: Councilman Hoaglun. Or was that -- Councilman Cavener. Cavener: Mr. Hunt, your -- your suggestion about providing city code to homeowners is -- is intriguing. Is that something that you would suggest that city staff are doing or that's a role that would fall onto the homeowners association? Hunt: The people that are maintaining the common areas in this subdivision, those people that have their name on that line I would believe it would be in their best interest to do that. But they probably will not do it unless they get suggested -- it's suggested by the city or by Planning or by somebody that says you should do this, because you may have these kind of problems and the eyes and ears -- in a homeowner's association everybody's the eyes and ears of the subdivision. We watch out -- we watch out for Meridian City Council Meeting Agenda February 4,2020— Page 101 of 298 Meridian City Council January 28,2020 Page 7 of 20 everybody and, believe me, we will be watching this subdivision. We will be watching it. We can help this guy out. But we can't help him if his -- if his tenants are not informed. Cavener: Follow up, Mr. Mayor? Simison: Yes, Councilman Cavener. Cavener: Thank you, Mr. Mayor. Appreciate your -- your insight and as I mentioned, it's an intriguing idea. I will share with you at least for your own benefit my philosophy and that is I prefer the lightest hand of government and I think a lot of people in our community do, too. As someone who has grown up in Meridian in a homeowner's association driven neighborhood and one without -- Hunt: Yeah. Cavener: -- I can tell you that the home that we sold in our non -- HOA was worth a lot more than the one that didn't have one. That's -- I have also worked in a professional capacity with homeowners associations where residents collectively decide to dissolve. Hunt: Right. Cavener: And I support that as well and I think that part of homeownership you are guaranteed certain rights and to me supporting that little hand of government as possible I think kind of -- but if an HOA wants to increase their -- their value, their level, their requirements, great, they are able to do so. I do get somewhat concerned when we start asking, then, the city to -- to follow along, if there is not a life safety benefit to our citizens. So, to me it's trying to identify what the value comes to our community as a whole in terms of -- of life safety by implementing some of the suggestions, as opposed to allowing the free market to say this is what makes our neighborhood great. You are expected to have your trash can gone by a certain time. You are expected to adhere to architectural standards and colors, because that's what encompasses the value of our -- our community, so -- Hunt: And, please, don't mistake me. I'm not saying that they should have a homeowner's association at all. All I'm saying is they need to inform the tenants when they move in, based on my personal experience and the experience of these other homeowners associations -- it doesn't matter if a -- if a subdivision has a homeowner's association or not, if the guy that owns the house lives in California and the house -- and the pipes break in the house and the place is not rented, then, you got a big fat mess on your hands. Cavener: Yeah. Hunt: And he's got to get on an airplane and fly here. Cavener: Right. Meridian City Council Meeting Agenda February 4,2020— Page 102 of 298 Meridian City Council January 28,2020 Page 8 of 20 Hunt: If the Ada county -- or the city doesn't have some kind of a local number -- emergency number to deal with situations like that in a subdivision or the surrounding homeowners -- the surrounding homeowners are to the point where they will help. They will help. They will call in. They see something going on, they will call and say, hey, you got something going wrong over there. What's the matter with that? That's what people do. That's what neighbors are for, with or without a homeowner's association. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Maybe to help Mr. Hunt understand. So, every single address that has city services -- so, water-sewer -- Hunt: Right. Nary: -- has a registered person to that address with a phone number. Hunt: Right. Nary: So, we do have that information. We do know who -- who owns it. Hunt: Right. Nary: We don't always know who lives in it. Hunt: Correct. Nary: But many times most of the owners prefer that the occupant pay the bill, so that is probably the higher percentage of what happens in rentals. So, we have a number of the -- of the owner and we also have the number of the occupant, because the bill is going to them. Hunt: Right. Nary: So, we do know if the pipes break and it's -- and it's winter, we do know that and we do know how to contact people and we have. Hunt: Good. Nary: So, I guess I -- I don't know if you know that, but we do have that already in place. So, that information is there. The trash can -- not to get too -- to digress. We do require trash cans be moved off the sidewalk -- Hunt: Right. Meridian City Council Meeting Agenda February 4,2020— Page 103 of 298 Meridian City Council January 28,2020 Page 9 of 20 Nary: -- after they are picked up. We don't require that you put them in the backyard. You know, that's an individual property choice. But -- so, some of these things -- I mean we already have that information, we already do that. But to try to inform every occupant and every house of city regulation would -- after -- we wouldn't be doing that for rentals, we would be doing that for every single residence in the city. That -- I mean that's unrealistic, because we don't know who is renting. Hunt: I would -- I would be willing -- I would be willing to -- I don't want to say bet you, but whatever. I would be willing to risk a meeting with the owner just to ask him if he would do that or give him the website. When the tenant moves in here is the website. These are the codes that apply to this subdivision. You are responsible for following these codes. There is--something as simple as that would just totally, totally resolve so many situations that can arise. Nary: Mr. Mayor? Strader: Mr. Mayor? Nary: Sorry. I was just going to say maybe one of the things we can do, Mayor and Council, is -- so when hookup for service is requested for a change from one property occupant to another property occupant, it all goes through our utility billing services. Hunt: Sure. Nary: So, whether or not additional information can be provided to that stage -- whether its website information, direction to certain things -- I don't know what specific information is provided, but certainly if the desire is just to look at that stage of just getting people information on -- the information you're talking about, what things they need to know, where to direct them, to our website and others, certainly that's a process that -- we can have that conversation with utility billing. Strader: Mr. Mayor? Simison: Council Woman Strader, Strader: Thank you. Just thinking out loud, right, but, you know, I mean certainly if -- if City Council noticed -- and it was brought for us a lot of data regarding issues and we saw a common theme here, that might make this different, but I'm -- from where I'm sitting I'm having a hard time, because I feel like every person in their life is going to go through a period where they are renting. I don't know if it's fair to assume that renters are going to be causing a lot of issues and what I'm curious about is whether communication can help solve your issue. I'm curious if it's possible to put Mr. Hunt in communication with the owners of the Burlingame Subdivision, maybe you guys could sit down have a coffee, get on the same page about their plan to operate this subdivision and you could share the page of code that Mr. Nary has provided and encourage them that that's a resource and ask them if they would be open to do it. Meridian City Council Meeting Agenda February 4,2020— Page 104 of 298 Meridian City Council January 28,2020 Page 10 of 20 Hunt: I would be more than happy to do that. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. First I would like to say I agree with Council Member Cavener that I wouldn't -- I wouldn't suggest that we -- unless there really is a public safety concern -- that this be something that the staff handles, perhaps with the exception of Mr. Nary's proposal. However, I would say being in the real estate industry, if I might make some -- a couple of suggestions to you to where you might make a dent in some of these issues. As you probably know the state of Idaho does not regulate licensing for property managers, so there is not a consistent requirement for those property managers to provide any particular kind of service. Each property management company has a different service style. They provide -- Hunt: Yes. Perreault: -- different -- okay. So, this is -- this is part of our challenge here, because there is inconsistency with what the property management companies are doing in relationship to the homeowner and the tenant. However, the -- the -- the -- the HOA typically takes the perspective -- and the city as well with code enforcement -- that the owner is responsible for everything the tenant does in that property. So, the HOA would say, well, we gave the owner the information and the owner is supposed to give that information -- okay. So, this is -- this is where we currently are; correct? Hunt: Right. Perreault: If I might suggest -- if you would do -- if you have the time and the interest to go on a bit of a campaign. The title companies carry a lot of information --a lot of accurate information about homeowners associations, who the appropriate person is to contact, who the HOAs are for certain homes and neighborhoods. They have -- they are a wealth of information about that. Perhaps you put together a suggestion that you can send out to multiple homeowners associations to say in addition to the -- to providing the CC&Rs to the owners when they come on board, those -- those HOAs know that the tenant is now living there, because they have got to go trade out the pool key and they have got to go -- you know, the tenant has to -- has to have some contact with the HOA. I also feel like another point at which we can create some -- some improvement would be for -- for -- for you to request to the homeowners associations that they provide the CC&Rs not only to the tenant when the tenant takes occupancy, but also perhaps a copy of the city code. I think -- I think the HOA would probably be more than willing to do that. Hunt: We do that. We do that. Perreault: Yeah. And -- and I know that there are hundreds of property management companies and I know that's a little bit of a needle in the haystack approach, but -- but -- Meridian City Council Meeting Agenda February 4,2020— Page 105 of 298 Meridian City Council January 28,2020 Page 11 of 20 but to create some consistency would make sense that the -- that the HOA is providing the CC&Rs and the city code information at the same time to that tenant and I realized that that sounds like a very perfect solution. Hunt: Yeah. Perreault: But I -- but I think that's a quick way to get your process going faster than even we would be able to do at the city level, so -- Hunt: As far as it goes in inside Turnberry Crossing, when the tenants -- when we get a new person moves in -- I don't care if they bought the house or rented the house -- somebody from our HOA goes over and gives them this letter or one like it. This is an older letter here and we give them a copy of the CC&Rs and that's when -- if it's a renter and they find out they can't get their boat in the garage, that's when all -- you know, the hailstorm starts. But if you can put me in contact with this developer, I'm sure that he would be more than willing to hand out, you know, the web address if he's asked to do it and I will ask him to do it, because he can solve a whole bunch of issues and keep everything down. We welcome all the new neighbors. It's increasing everybody's property values, but let's make sure it keeps increasing the values. You know. Let's don't let growth stifle growth here. Right? The wrong kind of growth doesn't do anybody any good. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, Mr. Hunt, thank you for coming tonight and talking about an issue that you are concerned about, but I really want to thank you for bringing about a proposed solution. I mean that's -- that's kind of nice. We deal with lots of problems always and to have someone come up and say, hey, I think this might work, that helps, because it gets our creative juices flowing and we can -- we can -- we can look at things and -- and have you moved this -- those items you were talking about, certain areas of the code, because we don't want to give them the whole city code -- Hunt: Yeah. Hoaglun: -- you said there were certain items. Have you gotten those to Legal or code -- or to staff? Hunt: I supplied the letter with what I was going to talk about tonight and that's it, so -- Hoaglun: I think it's worth having internal discussions about this and I think these types of communities -- they are -- they are springing up all over the country -- Hunt: They are. Meridian City Council Meeting Agenda February 4,2020— Page 106 of 298 Meridian City Council January 28,2020 Page 12 of 20 Hoaglun: -- and they are meeting a need and -- and Millennials are less likely to own, as opposed to rent. I mean there is dynamics going on there we don't quite understand, but I think we probably need to discuss further with staff and possibly see if that's a solution that might work and maybe as Mr. Nary suggested maybe we do it at this process, if that's workable. So, it's just something I think we ought to kind of look at internally a little more and see what we can do. And my last question -- just curious for your existing neighborhoods and your newsletter. Do you do anything about mufflers? Do you say how loud they can be and don't do that? Just curious. Hunt: As far as a noise -- noise ordinance, we follow the city code in our particular subdivision and all we have to do is get a complaint and what we do is we tell either the person that complained or if we get multiple complaints, then, the HOA takes it on and they carry the complaint forward with the city and, you know, give the -- give the guy a ticket. The same thing with a barking dog, you know. It gets to a point where if there is that many people complaining, the HOA has to get involved. If it's just one guy complaining about one loud muffler, you know, that person has to go to the city and file a complaint. Hoaglun: Yeah. Mr. Mayor and Mr. Hunt. My subdivision is the same thing. It's a rental and he decides to leave at 5:30 in the morning every morning and it wakes me up in my bedroom, I think that's a little too loud, so -- same issues. Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Hunt, one last thing. Thanks for being president of the homeowners association. I don't think there is any more thankless job in politics or government than serving on an HOA board, let alone to be the president. So, I appreciate your service in that aspect and just because it's been a topic this Council has discussed in the past, I wanted to let you know right now if you have got a renter in your neighbor and they are parking their boat in their driveway, that's -- that's a city code issue. You can call code enforcement and they will go out and handle that, whether it was an investor-owned neighborhood or your neighborhood or a non-HOA neighborhood, that act is currently prohibited in the City of Meridian. Hunt: All right. Well, thank you. And I want to make it clear right now, I'm no -- I'm no longer the president of the HOA, but I can get more done not being the president. I can. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I was curious if it's possible -- I don't know if it is, but if it's possible for the planning staff-- if you think it makes sense to put -- put him in touch with the owner of this -- you know, the Burlingame Subdivision, perhaps they could work it out off line. Meridian City Council Meeting Agenda February 4,2020— Page 107 of 298 Meridian City Council January 28,2020 Page 13 of 20 Simison: That was going to be my request to have Sonya follow up with that information. Hunt: Great. Simison: Is there anything further from Council? Okay. Hunt: All right. Thank you all very much. Item 8: Action Items A. Public Hearing for Village Apartments (H-2019-0144) by GFI - Meridian Investments, LLC, Located at 2600 N. Eagle Rd. 1. Request: A 2-year Time Extension on the conditional use permit CUP-15-019) approval of a 336-unit multi-family development on 16.68 acres of land in the C-G zoning district. Simison: Thank you. Next up is Item 8-A, public hearing for Village Apartments, H-2019- 0144. 1 will open this public hearing with staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. The first application before you tonight is a request for a time extension on a conditional use permit. This site consists of 16.6 acres of land. It's zoned C-G and is located at 2600 North Eagle Road. A conditional use permit for a multi-family development consisting of 336 dwelling units at a density of 29.5 units per acre was approved back in 2015. An administrative time extension was approved in 2017 for an additional two year period of time in which to commence the approved use, which expired in December of last year. The subject request for a time extension was received prior to that date, as required by the UDC. The Comprehensive Plan future land use map designation for this site is mixed use regional. The applicant is requesting Council approval of an additional two year time extension in order to commence the use approved with the conditional use permit. The reason for the request is to finalize the site configuration and building layout to improve circulation and pedestrian and vehicular connectivity as set forth in the Comprehensive Plan and the Unified Development Code. A subsequent modification to the conditional use permit for the reconfiguration is likely. The applicant's narrative states that they plan to commence the use as soon as possible. With all extensions the decision making body may require compliance with the current provisions of the UDC. While no significant amendments to the Comprehensive Plan or the UDC have been adopted that would change the basis under which the conditional use was granted, access is an issue in this area for uses along State Highway 55 and Eagle Road. The UDC 11-3H-4133 requires construction of a street generally paralleling the state highway to provide future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road for future connectivity and access. A temporary access via State Highway 55 and Eagle Road was granted to the property to the south --that's the Great Wall Restaurant-- in 2008 and allowed to continue Meridian City Council Meeting Agenda February 4,2020— Page 108 of 298 Meridian City Council January 28,2020 Page 14 of 20 until such time as the properties to the south redevelop and a driveway is constructed from the Great Wall property to East River Valley Street. And I will just go back to this map right here. East River Valley Street is down here at the bottom of the screen. The applicant's property is this entire parcel right here and, then, this was the -- the plan that I had up is the concept site plan that they had approved and the building elevations for that development. So, at such time as that backage road is extended to River Valley, the temporary access is required to be removed from Eagle Road and all access is required to be provided via River Valley Street. Direct access via Eagle will be prohibited. No requirement to continue that backage road to the north to the subject property was required at that time. Likewise, the subject property was not previously required to grant a cross-access easement or construct a vehicular crossing over the Finch Lateral at the southern boundary of this site in order for the backage road to continue. With removal of the Great Wall access, a backage road will be crucial in this area for properties both north and south of the Finch Lateral. This is -- this application relates to the application that was before you last week, the Bach Storage application. That was two parcels to the south of this application, just to orient you. Staff discussed this issue with the applicant's representative and the applicant plans to construct a private backage road on the subject property with a vehicular crossing over the Finch Lateral with development of the commercial portion of their site that fronts on State Highway 55 and Eagle Road. They also agreed to grant a cross-access easement to the property to the south, the Great Wall. To memorialize this proposal and ensure an access easement is granted and backage road is constructed in the future in accord with the UDC, staff recommends conditions of approval to that effect or added to the subject time extension with associated timing requirements prior to issuance of the first certificate of occupancy within the commercial portion of the development, as agreed upon by the applicant. Written testimony has been received from Stephanie Leonard, KM Engineering. She is the applicant's representative and is in agreement with the staff report. The staff recommendation is approval and the proposed time extension would be until December 15th, 2021. Staff will stand for any questions. Simison: Thank you. Council, any questions? Okay. If not we will ask the applicant to come forward, please. And if you could state your name and address for the record. Gasser: You bet. Name is Derek Gasser. 74 East 500 South, Suite 200, Bountiful, Utah. So, I am one of the developers with GFI Meridian Investments. Just a -- who we are. We are developers out of Utah. We have been coming to Meridian for a long time. A lot of our family lives here in Meridian. The last five years we have spent a lot more time in Meridian with work. We have multiple projects we are working on in Meridian. The most time intensive has been Chinden and Ten Mile, the Costco project, and an apartment project there as well and ten out parcels. But we -- we are in agreement with the conditions that have been set forth by staff and I can -- I will try and answer any questions you may have. Simison: Thank you. Any questions from Council? Cavener: Mr. Mayor? Meridian City Council Meeting Agenda February 4,2020— Page 109 of 298 Meridian City Council January 28,2020 Page 15 of 20 Simison: Councilman Cavener. Cavener: Derek, thanks for being here. No real questions about the application per se, but just maybe a comment for your own benefit. You know, I have lived in Meridian my whole life. I love this community and I know you don't live here, but we can still be friends. But, obviously, this part of Meridian has been really appealing to you. It's a special part of our -- of our town and so I have a 12 year old son and at Christmas he got some cooking classes and so the cooking classes were at The Village, so I try and avoid that place. My pocketbook appreciates it when I'm not there. But I found myself with a lot of time and so I was driving around the area and I noticed that there is a chunk of land that runs along your apartments. The weeds are just crazy and you look across the street, you got this beautiful neighborhood, you got this beautiful park, you have this beautiful commercial and, then, you have got just this kind of mess of weeds and so my hope is -- it probably just hasn't been brought to your attention and -- because I know you care about our community and investing here, that we get a good commitment from you and your team that you would get that addressed and cleaned up sooner rather than later. Gasser: Sure, Council Member. That -- I'm not aware of the weeds, but we -- we are committed to taking care of that. The land is actively being farmed. Were the weeds along Records or along Eagle? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: The weed that I saw were along -- along Records. Gasser: Okay. Cavener: And, again, I don't think it's something that's intended, just hasn't made somebody's list and take the opportunity put it on your radar, because I know you will take good care of it. Gasser: We will look into that. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I would echo the same comments as Councilman Cavener, but I wanted to say one thing. You guys have been good partners and I wanted to say that there is -- we really appreciate it when developers and partners come in who listen and with my experience dealing with the Gassers you guys have always listened and I wanted to say thank you on the public record. You guys are fantastic and I hope that you will continue to listen and be great stewards of -- of the subject properties and continued with -- with a strong partnership with -- with -- with us here in Meridian. So, thank you. Meridian City Council Meeting Agenda February 4,2020— Page 110 of 298 Meridian City Council January 28,2020 Page 16 of 20 Gasser: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I was curious if you could tell us what a realistic timeline is for development of the property, if you -- we are not holding you to it; right? You are getting an extension potentially today, but what do you anticipate in terms of the timeline? Gasser: Council Member, so we are actively working on site plans and building configurations. There is a lot of moving pieces with that. So, to give you, you know, best guess, you know, like the staff report mentions, we are hoping to do it as soon as possible, but I don't know that I can provide sort of a best guess, other than we are actively working on it. Does that help a little bit? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. What -- what I was curious about -- the only public comments that we received were to the effect of there is a specific type of weed that we have here -- goat heads are like really a pain for bike riders, et cetera, and I was just curious if you could give us a sense of your commitment to clean that up and when we might expect to actually get kind of a pedestrian route through your property along with the timeline -- yeah, it would be great to hear that that's coming soon and just curious if you could give us a feel for the timeline and where we might expect that that -- those issues might be resolved. Gasser: Sure. Strader: Because right now there is not a great, you know, pedestrian route through there. Gasser: Council Member, with regards to the weeds, we will look into that immediately. Currently we have a farmer who has been farming the land and also we thought that maintaining the weeds. It sounds like that's maybe not happened as good as it should. So, we will look into that immediately. With regards to the pedestrian walkway across the property, it's difficult to give an answer on that, because it just -- it just depends on when, you know, other things fall into place on that. But we will look at the weeds immediately. Simison: Are there any further questions for the applicant? Okay. Thank you. Gasser: Thank you. Simison: This is a public hearing. So, Madam Clerk, were there any sign-ups? Weatherly: Mr. Mayor, no one's signed in for this item. Meridian City Council Meeting Agenda February 4,2020— Page 111 of 298 Meridian City Council January 28,2020 Page 17 of 20 Simison: Okay. Is there anybody in the audience who would like to testify on this item? If you could come up and state your name and address for the record, please. Bergstrom: Good evening. My name is Steve Bergstrom. My address is 4300 East Valley Park -- East River Street. I live at the -- in Apartment A203, which is the apartment building adjacent to this parcel of land. I don't have any -- any -- I just recently moved in, believe it or not, from California. Sorry. I'm going to be a homeowner. I currently am a homeowner in Caldwell and I will be a homeowner in Eagle probably within a year. So, pay my property taxes properly. My only comment is my wife and I didn't decide where we wanted to live when we first moved and we love Meridian. Probably will stay. And we probably will be homeowners in Meridian. My comment about this project is that if you have traveled on North Records -- we moved in in -- I'm sorry. I'm kind of nervous. We moved in in April of last year and it was kind of quiet. There wasn't a lot of traffic on Eagle -- I mean on North Records. Today it's a raceway, morning, noon and night. I think it's because most people are trying to avoid Eagle when they go to or from the freeway, so they take Records. Now, you know, we only own one car, so we are not contributing dramatically to the traffic, but the people in the apartment complex that we live in have multiple cars and I mean multiple and I would imagine that a 336 unit building is going to make that pretty much impassable, because during the holiday season -- being from California and Southern California I saw incredible traffic to The Village and it was all -- not on Eagle, it was Records. Bumper to bumper all the way down past Ustick, all the way down and, then, to The Village, to the point where I wouldn't leave the property that way, I had to leave on -- on East River -- River Street. So, my comment to you -- and -- because I'm definitely pro development and I want people to have homes and -- and I'm not anti-development or anything like that. My comment is I live directly -- I look -- my apartment looks directly over that -- over that plot of land and it has changed in the last ten months, nine months -- a hundred percent traffic increase, in my opinion. So, what's going to happen when 336 units appear there and I feel sorry not only for the people trying to get in and out, I feel sorry for the homeowners across the street of the complex I live in, because they didn't expect that I'm sure, that that complex was going to be built there and now I feel really bad for them, because now another complex is going to be going in and really, really affecting their ability to get in and out of that neighborhood and that's my only comment. So, thank you. Simison: Thank you. Any questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I do have one question. I was thinking about that when I was looking at this 336 dwelling units and I cannot remember -- do you recall how many units are in that current -- current facility? Bergstrom: Yes. It's -- I believe it's about -- about almost identical. It's like 320. Meridian City Council Meeting Agenda February 4,2020— Page 112 of 298 Meridian City Council January 28,2020 Page 18 of 20 Hoaglun: Three hundred and something. Bergstrom: Something like that. It's -- it's the Regency apartment complex. Hoaglun: Okay. Bergstrom: I mean I think it's almost -- almost the same number, maybe a little bit more going to be next door, but about the same number of units, so -- Hoaglun: Okay. Thank you. And I couldn't remember and my son when he was first married they moved there and lived there. They really liked it. Bergstrom: Oh, it's a beautiful place to live and Meridian is one of the most beautiful cities I have ever seen. I really, really loving Meridian. Hoaglun: Yeah. Mr. Mayor and Mr. Bergstrom, I don't disagree with that. The only downside of that was when they decided to move -- they were on the fourth floor and that was no fun moving that stuff, but -- Bergstrom: Yeah. We are on the second floor, so that's -- Hoaglun: -- I was for me. Yeah. So, appreciate your comments. Bergstrom: Thank you. Any further questions? Okay. Is there anybody else that would like to testify on this item? Would the applicant like to make any final words? Okay. Council, any discussion on this topic? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we close the public hearing on Item H-2019-0144. Borton: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council Meeting Agenda February 4,2020— Page 113 of 298 Meridian City Council January 28,2020 Page 19 of 20 Cavener: Appreciate the conversation with the applicant, willingness to take care of some of these issues that have been shared. I move that we approve Item 8-A, a time extension, H-2019-0144. Borton: Second. Simison: Okay. I have a motion and a second. Is there any discussion on the motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Do we need to clarify -- the motion is to -- as presented in the staff report, do we need to clarify that staff recommends the conditions of approval to that effect, that that section here that says that -- that they put a timeline prior to the -- the CFO within the commercial portion of the development, that they -- that they complete that backage road, do we need to clarify any of that, or is that-- is it because that's already in the staff report got it covered? I don't -- I don't know whether what Sonya has stated in this is also in the staff report I guess is what I'm asking. Is that -- is my question clear? Simison: I will ask Mr. Nary. Nary: Mr. Mayor, Members of the Council, Council Member Perreault, it is in the staff report. So, the approval does cover all that. Perreault: Okay. Great. I just wanted to make sure we were -- Simison: Okay. Are there any further questions or conversation regarding the motion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe just a little discussion and just to give a feel for things. I -- you know, I just think it's important for the applicant to understand that, you know, we are in the process potentially this year of taking a look at our standards for open space and some of the requirements for development, particularly with regard to multi-family development may be increasing or changing. We don't know yet how that's going to go. But we don't want to change the rules you have been operating under and that's why I'm comfortable approving this extension of the time, but just wanted to give you a flavor for that and I hope that you will be sensitive as you are finalizing your development as to the traffic concerns in this area, because we have been hearing over and over about significant parking issues with multi-family developments and it's certainly something that has been brought to our attention in several developments that don't have sufficient open space and that don't have sufficient on-site parking. So, I just wanted to make sure that you are aware of that. Thank you. Meridian City Council Meeting Agenda February 4,2020— Page 114 of 298 Meridian City Council January 28,2020 Page 20 of 20 Simison: Okay. Thank you. Is there any further discussion? If not, I will ask the clerk to call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion passes. MOTION CARRIED: ALLAYES. Item 9: Ordinances [Action Item] A. Ordinance No. 20-1872: An Ordinance (H-2019-0111 Waterwalk) For Rezone of A Tract Of Land Situated In The Southeast Quarter Of The Southeast Quarter Of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification From I-L (Light Industrial) Zoning District To C-G (General Retail And Service Commercial) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date Simison: Next item up is under Ordinances, Item 9-A, Ordinance No. 9 -- or Ordinance No. 20-1872. 1 will ask the clerk to read this ordinance by title. Weatherly: Thank you, Mr. Mayor. Ordinance No. 20-1872, an Ordinance H-2019-0111, Waterwalk, for a rezone of a tract of land situated in the southeast quarter of the southeast quarter of Section 8, Township 3 North, Range 2 East, Boise meridian,Ada county, Idaho, establishing and determining the land use zoning classification from 1-1, Light Industrial zoning district, to C-G, General Retail and Service Commercial zoning district in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Simison: Thank you. Would anyone like this ordinance read in its entirety? Seeing none, do I have a motion? Do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council Meeting Agenda February 4,2020— Page 115 of 298 Meridian City Council January 28 , 2020 Page 21 of 20 Cavener : I move we approve Ordinance No . 20 - 1872 with suspension of rules . Borton : Second . Simison : I have a motion and a second . Is there any discussion on the motion ? If not , ask the clerk to call the roll . Roll call : Bernt , yea ; Borton , yea ; Cavener, yea ; Hoaglun , yea ; Strader, yea ; Perreault , yea . Simison : All ayes . Motion passes . MOTION CARRIED : ALL AYES . Item 10 : Future Meeting Topics Simison : Council , any items under Future Meeting Topics ? If not , do I have any final motion for the evening ? Bernt : Mr. Mayor? Simison : Councilman Bernt . Bernt : I move we adjourn . Hoaglun : Second . Simison : I have a motion and a second to adjourn . Any discussion on the motion ? If not , all those in favor signify by saying aye . All opposed nay. We are adjourned . MOTION CARRIED : ALLAYES . MEETING ADJOURNED AT 6 : 57 P. M . (AU) 40 RECORDING ON FILE OF THESE PROCEEDINGS ) L MA)KOK ROBE T E . SIMISON DATE APPROVED p AUG � ATTEST. �O�PCE sr ;�� o \ 0 1 Z City0tIr >k � CHRI ON - Y CLER � 00 W s SEAL � , J �C��TFR of the 1REP� 4i I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: Estimated Time for P resentation: Title of I tem - Investor-Owned Rental S ubdivisions Citizen P resentation C ouncil Notes: RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 1/10/2020 - 2:16 P M Meridian City Council Meeting Agenda January 28, 2020 – Page 3 of 23 The goal is to Maintain property values in this area and calm surrounding Homeowners/ HOA concerns about Burlingame Sub. rental homes In all Surrounding subdivisions Located in section 728 & in all Meridian Police Department code enforcement areas ADA County is supplied with a copy of CC&R’s and HOA contact information. The city of Meridian planning department calls Ada county and confirms that these documents have been supplied before the permit for the first home is approved. The City Planning department may not read them or even have a copy but they confirm that they are on file with the County. What does the City of Meridian intend to do with Investor owned Rental subdivisions? How about Having a meeting with the developer/ owner and discuss the issues below Ask if there is a clearly outlined Compliance policy spelled out for all tenants Burlingame subdivision is located in Area 1 Section #728 Code Enforcement General Line (208) 846-7326 Area 1 Enforcement Officer Jared Turner (208) 846-7369 Confirm that there is a local number for tenants to call regarding problems that is available to anyone who requests it. 1.Unsightly fences, weeds and or pets boarded or chained in front yards? Are fences allowed in front yards? 2.When residential rental units are vacant who keeps up lawn maintenance and keeps sidewalks clear of snow, weeds etc…? 3.Vehicle maintenance in driveway or on the street in front of residence? 4.Vehicle parking guidelines not being understood or spelled out to tenants. 5.Exterior painting of houses are there guidelines spelled out in the rental contract? 6.Garbage cans left on sidewalks or in front yards What is the plan for Garbage cans? 7.Sidewalks / driveways not being kept up free from weeds basketball hoops etc This goal can be achieved by making an effort to see that all new tenants are supplied with a copy of an Investor owned compliance Policy and or a copy of City Codes identified below: Chapter 2 Nuisances 4-2-1 through 4-2-5 Along with : 7-2-3: PARALLEL OR ANGLE PARKING 1.Two-Way Streets: Except as otherwise provided in this chapter, every vehicle stopped or parked upon a two-way street shall be stopped or parked with the right hand wheels parallel to and within eighteen inches (18") of the right hand curb or as close as practicable to the right edge of the right hand shoulder. Steven R. Hunt 208-546-2246 BLACK CATMCDERMOTTVICTO RY LAKE HAZEL CLOVERDALEEAGLETEN MILEAMITY MCMILLAN FRANKLIN MERIDIANOVERLAND USTICK LINDERCHINDEN LOCUST GROVE778 711 752 760 743 724 761 716714 731730 722 748 728 729 757 769 779 766 770 739 776 740 773 764 775 749 737 738 767 725 758 774 747 751 756 765 720 742 734 712 746 755 719 721 733 713 777 768 759 750 723 741 715 732 710 708 718 706 782 705 783 704 784 707703 785 789787786 702 0 1 20.5 Miles Created by 3241 on 08/09/18 Area 1 Meridian Police DepartmentCode Enforcement Areas Area 2 Area 4 Area 3 Area 5 Code Enforcement GeneralLine: (208) 846-7326 Area 1 - Jared Turner (208) 846-7369Area 2 - Lacy Ooi (208) 846-7335Area 3 - Ami Nunes (208) 846-7350Area 4 - Todd Koehler (208) 846-7340Area 5 - Katie Mercado (208) 846-7346 Supervisor - Rich Everett (208) 846-7382 Fairview VICTORY LAKE HAZEL ² Cherry AUG 2 S 2019 CITY OF STAR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION (aka [Insert if Name on Plat differs from Marketing Name]) AMH DEVELOPMENT LLC 30601 AGOURA ROAD, SUITE 200 AGOURA HILLS CA 91301 103307224.10065957-00001 WELCOME! Welcome to American Star community! We are pleased that you have decided to become a member of our community. The following document is the Declaration of Covenants, Conditions and Restrictions for the community. The purpose of the Declaration is to ensure quality development and proper use of the community; to protect the owner of each lot against undesirable development or use of surrounding parcels which may diminish the value of the Owner's Lot; to encourage the erection of attractive improvements at appropriate locations; to assure adequate free spaces between structures; to provide for well-maintained and unifying landscaping; and to enhance and protect the value, desirability and attractiveness of the development. A few of the important details set forth in this Declaration include: • Rules for Voting and Governance by American Star Homeowners Association, Inc. • Architectural Review Standards and Requirements • Use Restrictions • Appearance and Maintenance Requirements • Common Area Limitations • Assessments and Budgets Please note that this Declaration is the primary governing document for the community. Please read it carefully. We make no representations of any kind, express or implied, through any agent, realtor, employee or otherwise, except as set forth in this Declaration. We expressly disclaim any and all other representations, warranties, statements or information not set forth herein. 103307224.10065957-00001 ;a � TABLE OF CONTENTS Page ARTICLE 1 GOVERNANCE AND ADMINISTRATION: ASSOCIATION .................... 1 1.1 Organization of Association.................................................................................. 1 1.2 Membership........................................................................................................... 2 1.3 Membership Voting............................................................................................... 2 1.4 Board of Directors and Officers............................................................................. 2 1.5 Power and Duties of the Association..................................................................... 3 1.6 Meetings of the Association................................................................................... 8 1.7 Budgets and Financial Statements......................................................................... 8 1.8 Manager................................................................................................................. 8 1.9 Personal Liability; Indemnification....................................................................... 9 ARTICLE 2 GOVERNANCE AND ADMINISTRATION: ARCHITECTURAL REVIEW COMMITTEE................................................................................. 9 2.1 Creation; Grantor's Right of Appointment............................................................ 9 2.2 Improvements Generally........................................................................................ 9 2.3 Expenses................................................................................................. ............. 10 2.4 Non -Liability of Committee Members................................................................ 10 2.5 Variances..............................................................................................................11 ARTICLE 3 ASSESSMENTS............................................................................................ 11 3.1 Covenant to Pay Assessments.............................................................................. 11 3.2 Uniform Rate of Assessment............................................................................... 11 3.3 Initial Set -Up Assessment; Transfer Assessments ............................................... 11 3.4 Regular Assessments........................................................................................... 12 3.5 Special Assessments............................................................................................ 12 3.6 Limited Assessments........................................................................................... 13 3.7 {Reserved}........................................................................................................... 13 3.8 Assessment Period............................................................................................... 13 3.9 Notice and Assessment Due Date........................................................................ 13 3.10 Special Notice and Quorum Requirements.......................................................... 14 ARTICLE 4 ENFORCEMENT OF ASSESSMENTS; LIENS .......................................... 14 4.1 Right to Enforce................................................................................................... 14 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page i 103307224.10065957-00001 TABLE OF CONTENTS (continued) Page 4.2 Assessment Liens................................................................................................. 14 4.3 Method of Foreclosure......................................................................................... 15 4.4 Subordination to Certain Trust Deeds.................................................................. 15 4.5 Rights of Mortgagees........................................................................................... 15 4.6 Non -Exclusive Remedies..................................................................................... 15 ARTICLE 5 RIGHTS TO COMMON AREAS................................................................. 15 5.1 Use of Common Area...................................................................... ............... 15 5.2 Delegation of Right to Use.................................................................................. 16 5.3 Damages...............................................................................................................16 5.4 Association's Responsibility................................................................................ 16 5.5 No Warranty for Improvements........................................................................... 17 5.6 Water Bodies........................................................................................................ 17 ARTICLE 6 STANDARDS, REQUIREMENTS AND RESTRICTIONS ........................ 17 6.1 Improvements — Generally................................................................................... 17 6.2 Minimum Building Size....................................................................................... 18 6.3 Setbacks............................................................................................................... 18 6.4 Fences and Hedges............................................................................................... 18 6.5 Exterior Maintenance; Owner's Obligations....................................................... 18 6.6 Landscaping......................................................................................................... 19 6.7 Mailboxes.............................................................................................................19 6.8 Nuisances............................................................................................................. 20 6.9 No Hazardous Activities...................................................................................... 20 6.10 Insurance Rates.................................................................................................... 20 6.11 Vehicles and Equipment...................................................................................... 21 6.12 Animals/Pets........................................................................................................ 21 6.13 Construction and Temporary Structures.............................................................. 22 6.14 {Reserved}........................................................................................................... 22 6.15 Grading................................................................................................................ 22 6.16 {Reserved)........................................................................................................... 22 6.17 Water Supply Systems......................................................................................... 22 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page ii 103307224.1 0065957-00001 TABLE OF CONTENTS (continued) Page 6.18 Sewage Disposal Systems.................................................................................... 22 6.19 Energy Devices, Outside...................................................................................... 22 6.20 Signs.....................................................................................................................23 6.21 Antennae.............................................................................................................. 23 6.22 No Further Subdivision........................................................................................ 23 6.23 Leasing................................................................................................................. 23 6.24 Compliance with Laws........................................................................................ 23 ARTICLE 7 EASEMENTS................................................................................................ 23 7.1 Owner's Easements of Enjoyment....................................................................... 23 7.2 Delegation of Use................................................................................................ 24 7.3 Recorded Easements............................................................................................ 24 7.4 Easements of Encroachment................................................................................ 24 7.5 Maintenance and Use Easement Between Walls and Property ........................... 24 7.6 Easements of Access............................................................................................ 24 7.7 Drainage and Utility Easements........................................................................... 24 7.8 Rights and Duties Concerning Utility Easements ................................................ 25 7.9 Disputes as to Sharing of Costs........................................................................... 25 7.10 General Landscape Easement.............................................................................. 26 7.11 Easements Deemed Created................................................................................. 26 7.12 Emergency Easement........................................................................................... 26 7.13 Maintenance Easement........................................................................................ 26 7.14 No Easement for Light, Air or View................................................................... 26 ARTICLE 8 ALTERNATIVE DISPUTE RESOLUTION ................................................ 26 8.1 Agreement for Alternative Dispute Resolution ................................................... 26 8.2 Initial Discussions................................................................................................ 27 8.3 Notice of Claim.................................................................................................... 27 8.4 Board Review of Claim....................................................................................... 27 8.5 Mediation.............................................................................................................28 8.6 Arbitration............................................................................................................28 8.7 Exemptions.......................................................................................................... 28 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page iii 103307224.10065957-00001 TABLE OF CONTENTS (continued) Page ARTICLE 9 INSPECTION OF ASSOCIATION BOOKS AND RECORDS ................... 29 9.1 Member's Right of Inspection............................................................................. 29 9.2 Rules Regarding Inspection of Books and Records ............................................. 29 9.3 Director's Rights of Inspection............................................................................ 29 ARTICLE 10 GRANTOR RIGHTS..................................................................................... 29 10.1 Right of Development.......................................................................................... 29 10.2 Rights Incident to Construction........................................................................... 30 10.3 Water Rights Appurtenant to Subdivision Lands ................................................ 30 10.4 Exemption From Architectural Review............................................................... 30 10.5 Construction and Temporary Structures.............................................................. 30 10.6 Signs.....................................................................................................................30 10.7 Regular Assessments........................................................................................... 30 10.8 Membership Register........................................................................................... 30 10.9 Declaration Amendment...................................................................................... 30 10.10 Mortgage Protection............................................................................................. 31 10.11 Annexation...........................................................................................................31 10.12 De-Annexation.....................................................................................................32 10.13 Assignment of Grantor's Rights.......................................................................... 32 ARTICLE 11 DEFINITIONS............................................................................................... 32 11.1 "Abandoned or Inoperable Vehicle".................................................................... 32 11.2 "Amendment"...................................................................................................... 32 11.3 "Architectural Design Guidelines"...................................................................... 32 11.4 "Articles"............................................................................................................. 32 11.5 "Assessments"......................................................................................................32 11.6 "Association"....................................................................................................... 32 11.7 "Association Rules"............................................................................................. 32 11.8 "Board"................................................................................................................ 32 11.9 "Building Envelope"............................................................................................ 32 11.10 `Bylaws"..............................................................................................................33 11.11 "Claim"................................................................................................................ 33 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page iv 103307224.10065957-00001 TABLE OF CONTENTS (continued) Page 11.12 "Class A Member"............................................................................................... 33 11.13 "Class B Member"............................................................................................... 33 11.14 "Class B Member Termination Date".................................................................. 33 11.15 "Committee"........................................................................................................ 33 11.16 "Common Area".................................................................................................. 33 11.17 "Declaration".......................................................................................... ....... 33 11.18 "Discretion" or "discretion"................................................................................. 33 11.19 "Expenses"...........................................................................................................33 11.20 "First Mortgage".................................................................................................. 33 11.21 "Grantor"...................................................................................................... ...33 11.22 "Improvement".................................................................................................... 33 11.23 "Initial Plat"......................................................................................................... 34 11.24 {Reserved}.......................................................................................................... 34 11.25 "Limited Assessment"........................................................................................ 34 11.26 "Lot".................................................................................................................... 34 11.27 "Member"............................................................................................................ 34 11.28 "Mortgage".......................................................................................................... 34 11.29 "Occupant"..................................................................................... ..........34 11.30 "Operating Expenses".......................................................................................... 34 11.31 "Oversized Vehicles"................................................................. ..... 34 ..................... 11.32 "Owner"............................................................................................................... 34 11.33 "Person(s)"...........................................................................................................35 11.34 "Plat"...................................................................................................................35 11.35 "Project Documents"........................................................................................... 35 11.36 "Property„............................................................................................................ 35 11.37 "Regular Assessment"......................................................................................... 35 11.38 "Restrictions"............................................................................................ .... 35 11.39 "Special Assessment".......................................................................................... 35 ARTICLE 12 MISCELLANEOUS...................................................................................... 35 12.1 Term.....................................................................................................................35 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page v 103307224.10065957-00001 TABLE OF CONTENTS (continued) Page 12.2 Amendment..........................................................................................................35 12.3 Notices................................................................................................................. 36 12.4 Enforcement and Non-Waiver............................................................................. 36 12.5 Interpretation........................................................................................................ 37 12.6 Successors and Assigns........................................................................................ 37 12.7 Owner's Acknowledgements............................................................................... 37 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page A 103307224.10065957-00001 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION This Declaration of Covenants, Conditions and Restrictions for American Star Subdivision (this "Declaration") has been adopted as of , 2019. Capitalized terms not otherwise defined in the text hereof are defined in Article 11. RECITALS WHEREAS, the property subject to this Declaration (the "Property") is the following Lots platted by the plat of [American Star Subdivision], according to the official plat thereof recorded in Book of Plats at Page as Instrument No. in the office of the Recorder of Ada County, Idaho (the "Initial Plat"), which is incorporated herein by reference: [insert list of initial lots/blocks to be included in the coverage of this Declaration at the outset; other lots may be annexed in the future.] WHEREAS, this Declaration sets forth a set of restrictions, covenants, limitations, easements, conditions and equitable servitudes (collectively "Restrictions") that will apply to the Property, which Restrictions are designed to protect, enhance and preserve the value, amenities, desirability, and attractiveness of the Property and to ensure a well -integrated, high quality development. NOW, THEREFORE, the Property, and each Lot, parcel or portion thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms and Restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The terms and Restrictions set forth herein shall run with the land constituting the Property, and with each estate therein, and shall be binding upon any Person having or acquiring any right, title or interest in the Property or any Lot, parcel or portion thereof; shall inure to the benefit of every Lot, parcel or portion of the Property and any interest therein; and shall inure to the benefit of and be binding upon Grantor, each Person or Owner having or holding an interest in the Property and such Person's or Owner's successors in interest, and may be enforced by Grantor, any Owner or Owner's successors in interest, any Person having or holding an interest in the Property or such Person's successors in interest, or by the Association. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION -Page l 103307224. l 0065957-00001 ARTICLE 1 GOVERNANCE AND ADMINISTRATION: ASSOCIATION 1.1 Organization of Association. The Association shall be charged with the duties and invested with the powers prescribed by law and set forth in the Project Documents. Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. Each Owner shall abide by and benefit from the provisions, covenants, conditions and restrictions contained in the Project Documents. 1.2 Membership. Each Owner, by virtue of being an Owner and for so long as such ownership is maintained, shall be a Member of the Association, and no Owner shall have more than one membership per Lot in the Association. Memberships in the Association shall be appurtenant to, and may not be separated from ownership of a Lot. The memberships in the Association shall not be transferred, pledged, assigned or alienated in any way except upon the transfer of an Owner's title to a Lot and then only to the transferee of such title. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 1.3 Membership Voting. The Association will have two (2) classes of memberships: 1.3.1 Class A Members. The Members in Class A (each a "Class A Member") shall be the Owners of Lots, excluding Grantor for so long as Grantor is the Class B Member (defined below). Upon and after the Class B Member Termination Date (defined below), at all meetings of the Association each Class A Member will be entitled to one (1) vote for each Lot owned by such Member. Upon and after the Class B Member Termination Date, to the extent Grantor owns a Lot, Grantor shall become a Class A Member and shall be entitled to one (1) vote for each Lot owned by Grantor. 1.3.2 Class B Member. Grantor, by and through Grantor's designated representative, shall be the Member of Class B (the "Class B Member"), and shall be the sole voting Member of the Association entitled to vote the collective voting power of all Lots until the Class B Member Termination Date. The Class B Member shall be entitled to one (1) vote for each Lot, whether or not such Lot is owned by the Class B Member. The Class B Member shall cease to be a voting Member in the Association upon the date ("Class B Member Termination Date") that is the earlier to occur of the following: (i) the date upon which Grantor no longer owns any Lot; (ii) the date Grantor informs the Board in writing that Grantor no longer wishes to exercise its rights as the Class B Member, or (iii) December 31, 2099. 1.4 Board of Directors and Officers. The Board of Directors and such officers as the Board may elect or appoint in accordance with the Articles and Bylaws shall carry out all of the powers and duties of the Association as set forth herein and in the Articles and Bylaws of the Association and shall be selected as follows: 1.4.1 Selection of Board Prior to Class B Member Termination Date. Until the Class B Member Termination Date, the Board shall consist of not less than three (3) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 2 103307224.10065957-00001 members of the Board ("Directors") nor more than five (5) Directors, all appointed by the Class B Member in the Class B Member's discretion. The Class B Member shall have the right and authority to remove and replace any Director, with or without cause, in the Class B Member's discretion. The Class B Member shall have the right to voluntarily terminate its right to appoint Directors and to fill vacancies pursuant to this Section. Directors appointed by the Class B Member need not be Members. 1.4.2 Selection of Board after Class B Member Termination Date. Subsequent to the Class B Member Termination Date, the Board shall be comprised of Directors selected by the Members as provided for in the Bylaws. 1.4.3 Vacancies on the Board. Vacancies on the Board occurring prior to the Class B Member Termination Date shall be filled by the Class B Member. Thereafter, vacancies on the Board occurring between meetings of the Members may be filled by the majority vote of the remaining Directors then sitting on the Board. Upon an annual meeting or a special meeting called for the purpose of filling the vacancy, the Members shall designate a new Director to fill the vacancy on the Board. 1.5 Power and Duties of the Association. 1.5.1 Powers. The Association shall have all the powers of a profit or nonprofit corporation organized under the applicable provisions of the Idaho Code, or the powers of any other entity chosen by Grantor, as those powers are set forth in the applicable sections of the Idaho Code and the Project Documents, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Project Documents. The Association shall have the power and authority to do any and all lawful things which may be authorized, required or permitted to be done by the Association under Idaho law and under the Project Documents, and to do and perform any and all acts which may be necessary to, proper for, or incidental to the proper ownership, management and operation of the Common Area and the Association's other assets, and the performance of the other responsibilities herein assigned, including, by way of illustration and not limitation: 1.5.1.1 Right of Enforcement. The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Project Documents, and to enforce by injunction or otherwise, all provisions hereof. 1.5.1.2 Delegation of Powers. The authority to delegate all or any portion of its powers and duties to committees, officers, employees or to any Person to act as manager, and to contract with the Association for the maintenance, repair, replacement and operation of any Common Area. Neither the Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. All contracts for management DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 3 103307224.10065957-00001 of any Common Area shall be for a term not exceeding one (1) year, and shall be subject to review by the Board upon termination of the Class B membership. 1.5.1.3 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the Association deems reasonable and appropriate, including but not limited to rules and regulations regarding the use of the Common Area and such other rules and regulations that the Association deems reasonable and appropriate. Any Association Rules shall apply equally to all Owners. A copy of the Association Rules as they may from time to time be adopted, amended or repealed shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. In the event such Association Rules are inconsistent with or less restrictive than any other provisions of this Declaration, the Articles, Bylaws, and/or Architectural Design Guidelines, the provisions of the Association Rules shall be deemed to be superseded by the provisions of this Declaration, the Articles, Bylaws, or Architectural Design Guidelines to the extent, but only to the extent of any such inconsistency. Any Association Rules imposing any additional restrictions on leasing or renting a Lot or any part thereof or discriminating against renters or lessees shall require the vote or written consent of Members holding ninety-five percent (95%) of the voting power of the Association as well as the written consent of Grantor so long as Grantor owns any portion of the Property. 1.5.1.4 Improvements. The authority to own, maintain, repair, replace and operate any Improvements, including but not limited to landscaping islands, bridges, bridge facades, street lights, any Association club house or associated amenities, pump or lift stations, median strips, sidewalks and pathways located within any public right-of-way or Common Area within the Property, and planter strips on Lots between sidewalks or pathways and the roads running adjacent to such Lots. The Association shall also have the power to own, maintain, repair, replace and operate any of the above specified Improvements, or similar Improvements, located within a Lot or within any other portion of the Property. The Association shall also have the authority and power to take corrective actions regarding Improvements located on any portion of the Property to bring such Improvements into compliance with all applicable laws and the provisions of the Project Documents. 1.5.1.5 Emereencv Powers. The power, exercised by the Association or by any Person authorized by it, to enter upon any portion of the Property (but not inside any building constructed thereon) in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the Owner as practicable, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 4 103307224.10065957-00001 and any damage caused thereby shall be repaired by and at the expense of the Association. 1.5.1.6 Licenses, Easements and Riahts-of-Way. The power to grant and convey to any third party such licenses, easements and rights-of-way in, on or under the Common Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the same, and for the preservation of the health, safety, convenience and the welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining the following: 1.5.1.6.1 Underground lines, cables, wires, conduits or other devices for the transmission of electricity or electronic signals for lighting, heating, power, telephone, television or other purposes, and the above ground lighting stanchions, meters, and other facilities associated with the provisions of lighting and services; 1.5.1.6.2 Public and other sewers, storm drains, water drains and pipes, water supply systems, sprinkling systems, heating and gas lines or pipes, and any similar public or quasi -public improvements or facilities; and 1.5.1.6.3 Mailboxes and sidewalk abutments around such mailboxes or any service facility, berm, 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 pedestrian and bicycle pathways. 1.5.1.7 The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-five (25) years after the death of the individual executing this Declaration on behalf of Grantor. 1.5.1.8 Irrip-ation Water. The authority to order irrigation water on behalf of all Owners and to allocate such irrigation water among Owners and to adopt, amend and repeal rules and regulations related thereto. 1.5.1.9 Other. Such other and further powers as the Board deems reasonable and appropriate, it being the intent that the Association have broad power and authority consistent with the Project Documents and applicable law. 1.5.2 Duties. In addition to duties necessary and proper to carry out the powers delegated to the Association by the Project Documents, without limiting the generality thereof, the Association or its agents, 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: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 5 103307224.10065957-00001 1.5.2.1 Oneration and Maintenance of Common Area. Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Common Area, with the Improvements constructed thereon, including but not limited to the repair and replacement of property damaged or destroyed by casualty loss, including but not limited to any signs placed at the entrances to or otherwise in the vicinity of the Property. The Association shall, at Grantor's discretion, operate and maintain all properties owned by Grantor which are designated by Grantor for temporary or permanent use by Members of the Association; 1.5.2.2 Oueration and Maintenance of Storm Drainal~e Facilities. Operate and maintain or otherwise provide for the operation and maintenance of all public and other storm drainage facilities, including but not limited to drainage pipes and collection ponds located on and through the Lots or Common Area and the repair and replacement of property damaged or destroyed by casualty loss; 1.5.2.3 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; 1.5.2.4 Maintenance of Berms, Retaining Walls and Fences. Maintain any berms, retaining walls, fences and water amenities within and abutting any Common Area. The Association shall also be responsible for maintaining or repairing the exterior surface of any fences abutting any Common Areas. For the purposes of this Declaration exterior surface shall be deemed the surface facing the Common Area or public right-of-way. If any repairs or replacements will affect the external appearance of such fences, the Association shall be responsible for such repairs or replacements. Costs of repair, replacement and maintenance of such fences shall be passed on to Owners as a Regular Assessment except for any repair or replacement made necessary as a result of the negligence or willful conduct of an Owner, which shall be the obligation of that Owner; 1.5.2.5 Imorovements. Maintain, improve, operate, repair and replace any facilities and Improvements, including but not limited to drainage systems or facilities, street lights, bridge facades, pathways, sidewalks, planter strips, landscape islands or median strips, and landscaping or landscaping improvements, which the Association is obligated, or otherwise deems advisable, to maintain, operate, repair and replace, pursuant to this Declaration, Project Documents, any Plat, license, easement, agreement or applicable governmental approvals. 1.5.2.6 Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied against the Common Area or against the Property, the Association and/or any other property owned by the Association. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 6 103307224.10065957-00001 Ee 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 and/or local taxes, including income or corporate taxes levied against the Association in the event that the Association is denied the status of a tax exempt corporation; 1.5.2.7 Water and Other Utilities. Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other necessary services for the Common Area, and to own and/or manage for the benefit of the Owners all water rights and rights to receive water held by the Association, whether such rights are evidenced by license, permit, claim, decree, stock ownership or otherwise; 1.5.2.8 Insurance. Obtain insurance from reputable insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Board deems necessary or advisable, and to the extent possible to obtain, including, without limitation the following policies of insurance: 1.5.2.8.1 Property insurance (special causes of loss form) for the full insurable replacement value of all Improvements, equipment and fixtures located within the Common Area; 1.5.2.8.2 Liability insurance insuring the Association, Grantor and such others as the Association deems advisable against liability incident to the ownership and/or use of the Common Area. Limits on liability of such coverage shall be as follows: Not less than One Million Dollars ($1,000,000) per person and One Million Dollars ($1,000,000) general aggregate; 1.5.2.8.3 Full coverage directors' and officers' liability insurance with a limit of at least Two Hundred Fifty Thousand Dollars ($250,000); 1.5.2.8.4 Such other insurance, including motor vehicle insurance and worker's compensation insurance, to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other Person charged with the management or possession of any Association funds or other property; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 7 103307224.10065957-00001 1.5.2.8.5 The Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Association under such policies, and shall have full power to receive such Owner's interests in such proceeds and to deal therewith; and 1.5.2.8.6 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Association. 1.5.2.8.7 Notwithstanding anything to the contrary contained herein, until the Class B Member Termination Date, Grantor reserves the right to include the insurance obligations of the Association within a master insurance program controlled by the Grantor. 1.5.2.9 Rule Making. Make, establish, promulgate, amend and repeal such Association Rules as the Board shall deem advisable; 1.5.2.10 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Project Documents and any and all applicable laws, ordinances, rules and regulations. 1.6 Meetings of the Association. The Association shall hold an annual meeting and special meetings all as provided for in the Bylaws. 1.7 Budaets and Financial Statements. Financial statements for the Association shall be prepared regularly and, upon request, copies shall be distributed to each Member of the Association as follows: 1.7.1 A pro forma operating statement or budget representing the Association for each fiscal year shall be made available for distribution not less than sixty (60) days after the beginning of each fiscal year. The operating statement shall include a schedule of Assessments received and receivable. 1.7.2 Within ninety (90) days after the close of each fiscal year, the Association shall cause to be prepared and available for delivery upon request to each Owner, a balance sheet as of the last day of the Association's fiscal year, and annual operating statements reflecting the income and expenditures of the Association for its last fiscal year. Copies of the balance sheet and operating statement shall be available for distribution upon request to each Member within ninety (90) days after the end of each fiscal year. 1.8 Manager. The Association may employ or contract for the services of a professional manager or management company ("Manager"), provided that no such employment or contract shall have a term of more than one (1) year, and each such contract shall be subject to cancellation by the Association with or without cause and without payment of a DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 8 103307224.10065957-00001 termination fee; provided thirty (30) days or more prior written notice is provided. The Manager so employed or contracted with shall not have the authority to make expenditures chargeable against the Association except upon specific prior written approval and direction by the Board. The Board shall not be liable for any omission or improper exercise by such Manager of any such duty, power or function so delegated by or on behalf of the Board. The Association may contract with Grantor or any affiliate of Grantor to act as Manager pursuant to the terms of this Section 1.8. 1.9 Personal Liability: Indemnification. No member of the Board, or member of any committee of the Association, or any officer of the Association, or Grantor, or the Manager, if any, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, the Manager, if any, or any officer, committee or other representative or employee of the Association, Grantor or the Committee, provided that such Person, upon the basis of such information as may be possessed by such Person, has acted in good faith without willful or intentional misconduct. The Association shall defend, indemnify and hold harmless Grantor against and from any and all actions, causes of action, judgments, damages, liability, costs, attorneys' fees, expenses or compensation of any kind whatsoever, and from any other claim of any nature, known or unknown, raised or not. contingent or mature, that may be brought against Grantor and arise out of or are in any way connected with the Property, the Association, the Board or the Committee. ARTICLE 2 GOVERNANCE AND ADMINISTRATION: ARCHITECTURAL REVIEW COMMITTEE 2.1 Creation, Grantor's Rip -lit of Appointment. At its discretion, the Board shall appoint no less than three (3) and no more than five (5) individuals to serve on an architectural review committee (the "Architectural Review Committee" or "Committee"). Until such individuals are appointed, the Board shall serve as the Architectural Review Committee. If a vacancy on the Committee occurs and a permanent replacement has not yet been appointed, the Board may appoint an acting Member to serve for a specified temporary period not to exceed one (1) year. A member of the Committee need not be an Owner. The Board shall have the exclusive right to appoint, remove and replace all members of the Committee; members of the Committee may be removed immediately at any time without cause. The Board may limit the authority of some or all members of the Committee as the Boards see fit. The Committee shall review, study and either approve or reject the proposed Improvements on the Property, all in compliance with the Declaration and the Architectural Design Guidelines. Except as otherwise set forth herein or in a resolution of the Board appointing the Committee, any action or decision made by a majority of the Committee shall be the binding decision of the entire Committee. The Committee is authorized to retain the services of one or more consulting architects, landscape architects, engineers, designers and other consultants to advise and assist the Committee on a single project, on a number of projects or on a continuing basis. The actions of the Committee in the exercise of its discretion by its approval or disapproval of the proposed Improvements on the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 9 103307224.10065957-00001 Property, or with respect to any other matter before it, shall be conclusive and binding on all interested parties. 2.2 Improvements Generally. No Improvements on any portion of the Property shall be constructed, reconstructed, placed on or removed from the Property without prior written consent of the Committee, and without being in compliance with the Project Documents and the Architectural Design Guidelines. The Architectural Design Guidelines shall be developed and used by the Committee to ensure that all Improvements conform and harmonize as to external design, quality and type of construction, architectural character, materials, color, location on the Building Envelope, height, grade and finish ground elevation, natural conditions, landscaping and all aesthetic considerations, including guidelines designed to protect the special dualities of the Property, and to encourage creative design, by providing general architectural, design and construction guidelines (including Building Envelope guidelines), landscape guidelines (including a description of existing, natural conditions and vegetation), submittal and review procedures, and fees and charges for review. The Architectural Design Guidelines shall be drafted to conform to this Declaration, the Articles and Bylaws, and must be approved by the Board prior to implementation. In the event of a conflict between the Architectural Design Guidelines and this Declaration, the Articles and the Bylaws, this Declaration, the Articles or Bylaws, as the case may be, shall govern. The content of the Architectural Design Guidelines may be modified and amended from time to time as provided in the Architectural Design Guidelines, and in all events can be modified and changed by a majority vote of the Board. 2.3 Expenses. All expenses of the Committee shall be paid by the Association. The Committee shall have the right to charge reasonable fees for applications submitted to it for review, in amounts which may be established by the Committee from time to time, and such fees shall be collected by the Committee and remitted to the Association to help defray the expenses of the Committee's operation, including reasonable payment to each member of the Committee for their services as provided herein. The Committee fees may also be increased from time to time as necessary to reflect increases in the cost of the Committee's performance of its duties and responsibilities under this Section. Each Owner, by submitting a design review application to the Committee, agrees to pay any additional reasonable fees based on costs incurred by the Committee in retaining consultants for the review and approval of the Owner's application(s). 2.4 Non -Liability of Committee Members. Approval by the Committee does not assure approval of the Improvements by any appropriate governmental or quasi -governmental agency, board or commission. Neither the Committee nor any of its members shall be responsible or liable to any Association or to any Person, Owner or Grantor with respect to any loss, liability, claim or expense which may arise by reason of any approval or denial of any Improvements. Neither the Board, Committee or any agent thereof nor Grantor or any of its partners, employees, agents or consultants shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved, nor for any structural or other defects in any work done according to such plans and specifications. In any and all events, the Committee shall be defended, indemnified and held harmless by the Association in any such suit or proceeding which may arise by reason of the Committee's decision. The Association, however, shall not be obligated to defend, indemnify and hold harmless any member of the Committee to DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 10 103307224.10065957-00001 the extent any such member of the Committee shall be adjudged (after exhausting any appeal rights) to be liable for willful misconduct or bad faith in the performance of such member's duty as a member of the Committee, unless and only to the extent that the court in which such action or suit may be brought shall determine that, despite the adjudication of liability, but in view of all circumstances of the case, such member is fairly and reasonably entitled to indemnification and defense for such expense if such court shall deem it proper. 2.5 Variances. The Committee may authorize variances from compliance with any of the Architectural Design Guidelines, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing and must be signed by at least three (3) members of the Committee. If such variances are granted, no violation of the covenants, conditions and restrictions contained in this Declaration or the Architectural Design Guidelines shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or the Architectural Design Guidelines for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the Owner's use of the Property, including but not limited to zoning ordinances and lot set -back lines or requirements imposed by any governmental or municipal authority. ARTICLE 3 ASSESSMENTS 3.1 Covenant to Pay Assessments. By acceptance of a deed to any Lot, each Owner of such Lot thereby covenants and agrees to pay when due all Assessments or charges made by the Association, including all Regular, Special, and Limited Assessments and charges made against such Owner pursuant to the provisions of this Declaration or other applicable Project Document. 3. 1.1 Assessment Constitutes Lien. Such Assessments and charges, together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the land and shall be a continuing lien upon the property against which each such Assessment or charge is made. 3.1.2 Assessment is Personal Obli;-ation. Each such Assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the Owner of such property beginning with the time when the Assessment falls due. The personal obligation for delinquent Assessments shall not pass to such Owner's successors in title unless expressly assumed by them but shall remain such Owner's personal obligation regardless of whether he or she remains an Owner. 3.2 Uniform Rate of Assessment. Except in the case of Limited Assessments or as otherwise specifically provided in this Declaration, all Assessments must be fixed at a uniform rate for all Lots. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page i I 103307224.10065957-00001 3.3 Initial Set -Up Assessment. Transfer Assessments. Upon conveyance of a Lot from Grantor to an Owner, other than an affiliate of Grantor, such Owner shall pay an "Initial Set -Up Assessment" of Five Hundred and No/100ths Dollars ($500.00) to the Association at the closing of such conveyance. Upon any subsequent sale, conveyance or other transfer of a Lot, the acquiring Owner shall pay a "Transfer Assessment" of Five Hundred and No/100ths Dollars ($500.00) to the Association at the closing of such acquisition. The Association may waive the Transfer Assessment where the sale, conveyance or other transfer is (a) conveyance of a Lot between co -Owners of such Lot (i.e., co -tenant owners or community property owners), (b) from an Owner to a trust in which the transferring Owner is the current income beneficiary, (c) from an Owner to an entity wholly owned by the transferring Owner. The amount of the Initial Set - Up Assessment and the Transfer Assessment may be adjusted by the Board from time to time. 3.4 Regular Assessments. All Owners are obligated to pay Regular Assessments to the treasurer of the Association on a schedule of payments established by the Board; provided, however, that no Owner shall be required to pay Regular Assessments for a Lot until a certificate of occupancy (or similar government approval) is first issued for a residence on such Lot. 3.4.1 Purpose of Regular Assessments. The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by the Association, including legal and attorneys' fees and other professional fees, for the conduct of its affairs, including but not limited to the costs and expenses of construction, improvement, protection, maintenance, repair, management and operation of the Common Area, including all Improvements located on such areas owned and/or managed and maintained by the Association (the "Operating Expenses"), and an amount allocated to an adequate reserve fund to be used for repair, replacement, maintenance and improvement of those elements of the Common Area, or other property of the Association that must be replaced and maintained on a regular basis (the "Repair Expenses"). The Operating Expenses and the Repair Expenses, and any other expenses necessary to acquire all assets and services and to otherwise carry out the powers, duties and responsibilities of an Association, are collectively referred to herein as the "Expenses." 3.4.2 Computation of Regular Assessments. The Association shall compute the amount of its Expenses on an annual basis as provided for in the Bylaws. 3.4.3 Amounts Paid by Owners. The Board can require, in its discretion or as provided in the Project Documents, payment of Regular Assessments to an Association in monthly, quarterly, semi-annual or annual installments. Regardless of the installment schedule adopted by the Board, the Board may bill for Assessments monthly, quarterly, semi-annually or annually, at its discretion. Subject to Section 3.2 above, each Owner shall be assessed and shall pay an amount computed by multiplying the Association's total advance estimate of Expenses by the fraction produced by dividing the Lots attributable to the Owner by the total number of Lots in the Property. 3.5 Special Assessments. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION -Page 12 103307224.10065957-00001 3.5.1 Purpose and Procedure. In the event that the Board of the Association shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of such Association for any reason, including but not limited to costs of construction, improvement, protection, maintenance, repair, management and operation of Improvements upon the Common Area, attorneys' fees and/or litigation costs, other professional fees, or for any other reason, the Board shall determine the approximate amount necessary to defray such Expenses and levy a Special Assessment against the portions of the Property within its jurisdiction which shall be computed in the same manner as Regular Assessments. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 3.5.2 Consistent Basis of Assessment. Every Special Assessment levied by and for the Association shall be levied and paid upon the same basis as that prescribed for the levying and payment of Regular Assessments. 3.6 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, the Board may levy a Limited Assessment against a Member and/or such Member's Lot as a remedy to reimburse the Association for costs incurred in bringing the Member and/or such Member's Lot or Improvements into compliance with the provisions of the Project Documents, for damage caused by the Member, or any member of the Member's family, representatives or invitees, to any Common Area or any other portion of the Property, for the operation, maintenance, repair and replacement of any common driveway Lots, or for otherwise providing any goods or services benefiting less than all Members or such Members' Lots. 3.7 1Reserved? I If it is determined that the HOA will need to also collect Irrigation Assessments: we can address that here./ 3.8 Assessment Period. Unless otherwise provided in the Project Documents, the Assessment period shall be determined by the Board. The first Assessment shall be pro -rated according to the number of months remaining in the fiscal year and shall be payable in equal installments or in a single payment due at closing on the sale of a Lot, at the discretion of the Board. 3.9 Notice and Assessment Due Date. Except with regard to the initial Assessment, thirty (30) days prior written notice of Regular and Special Assessments shall be sent to the Owner of every Lot subject thereto, and to any Person in possession of such Lot by the Association. The Association shall determine if payments for all Assessments shall be due monthly, quarterly, semi-annually or annually. The Assessment installment schedule shall be the same for all Association Assessments. The due dates for installment payment of Regular Assessments and Special Assessments shall be the first day of each month unless some other due date is established by the Board. Each monthly installment of the Regular Assessment or Special Assessment shall become delinquent if not paid within ten (10) days after the levy thereof. There may accrue, at the Board's discretion, with each delinquent installment payment a late charge equal to ten percent (10%) of the delinquent installment. In addition, each installment DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 13 103307224.10065957-00001 payment which is delinquent for more than twenty (20) days may accrue, at the Board's discretion, interest at eighteen percent (18%) per annum calculated from the date of delinquency to and including the date full payment is received by the Association. The Association may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Lot as more fully provided herein. Each Owner is personally liable for Assessments, together with all interest, costs and attorneys' fees, and no Owner may be exempt from such liability by a waiver of the use and enjoyment of the Common Area, or by lease or abandonment of such Owner's Lot. The Association may apply any payments received by the Association from an Owner to the oldest balances due to the Association from such Owner, despite the fact that the Owner may have designated that the payment is with respect to a newer balance due to the Association from such Owner. 3.10 Snecial Notice and Ouorum Requirements. Notwithstanding anything to the contrary contained in the Project Documents, written notice of any meeting called for the purpose of levying a Special Assessment by the Association, or for the purpose of obtaining a membership vote in connection with an increase in the Regular Assessment, shall be sent to all Members and to any Person in possession of a Lot not less than fifteen (15) days nor more than thirty (30) days before such meeting. Quorum requirements shall be as provided for in the Bylaws. ARTICLE 4 ENFORCEMENT OF ASSESSMENTS; LIENS 4.1 Riszht to Enforce. The Association has the right to collect and enforce its Assessments pursuant to the provisions hereof. Each Owner of a Lot, upon becoming an Owner of such Lot, shall be deemed to covenant and agree to pay each and every Assessment provided for in this Declaration and agrees to the enforcement of all Assessments in the manner herein specified. In the event an attorney or attorneys are employed for the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Owner agrees to pay reasonable attorneys' fees in addition to any other relief or remedy obtained against such Owner. The Board or its authorized representative may enforce the obligations of the Owners to pay such Assessments by commencement and maintenance of a suit at law or in equity to enforce the liens created hereby. A suit to recover a money judgment for an unpaid Assessment shall be maintainable without foreclosing or waiving the lien hereinafter provided. Such enforcement power and authority includes, without limitation, the power and authority to impose fines and forfeitures in accordance with Association Rules. 4.2 Assessment Liens. 4.2.1 Creation. There is hereby created a continuing claim of lien with power of sale on each and every Lot to secure payment of any and all Assessments levied against such Lot pursuant to this Declaration together with interest thereon at the maximum rate permitted by law and all costs of collection which may be paid or incurred by the Association in connection therewith, including reasonable attorneys' fees. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 14 103307224.1 0055957-00001 such respective Lots upon recordation of a claim of lien with the Ada County Recorder's Office. Such lien shall be prior and superior to all other liens or claims created subsequent to the recordation of the notice of delinquency and claim of lien except for tax liens for real property taxes on any Lot and Assessments on any Lot in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 4.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular, Special or Limited Assessment issued hereunder, the Association may cause to be recorded in the Ada County Recorder's Office a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of preparing and recording such notice, but subtracting therefrom any credits and offsets, if any), a sufficient description of the Lot(s) against which the same have been assessed, the name of the record Owner thereof and the name of the Association. Each delinquency shall constitute a separate basis for a notice and claim of lien, but any number of defaults may be included within a single notice and claim of lien. Upon payment to the Association of such delinquent sums and charges in connection therewith or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction of relief of such delinquent sums and charges. The Association may demand and receive the cost of preparing and recording such release before recording the same. 4.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in court. 4.4 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein in connection with a given Lot shall not be subordinate to the lien of any Mortgage except the lien of a First Mortgage given and made in good faith and for value that is of record as an encumbrance against such Lot prior to the recordation of a claim of lien for the Assessments. Except as expressly provided in this Article 4, the sale or transfer of any Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Declaration. 4.5 Riiahts of Mortgap-ees. Notwithstanding any other provision of this Declaration, no Amendment of this Declaration shall operate to defeat the rights of the beneficiary under any deed of trust or a mortgagee under any mortgage upon a Lot made in good faith and for value, and recorded prior to the recordation of such Amendment, provided that after the foreclosure of any such deed of trust or mortgage such Lot shall remain subject to this Declaration as amended. 4.6 Non -Exclusive Remedies. The remedies set forth in this Article or elsewhere in this Declaration shall not be deemed to be exclusive remedies, and the Association may pursue all other remedies available at law or in equity. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 15 103307224.10065957-00001 N ARTICLE 5 RIGHTS TO COMMON AREAS 5.1 Use of Common Area. Every Owner shall have a right to use each parcel of the Common Area which right shall be appurtenant to and shall pass with the title to every Lot subject to the following provisions: 5.1.1 The right of the Association to levy and increase Assessments for the construction, protection, maintenance, repair, management and operation of Improvements on the Common Area, including the right to Special Assessments; 5.1.2 The right of the Association to suspend the voting rights and rights of use, or interest in, the Common Area by an Owner for any period during which any Assessment or charge against such Owner's Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of the Association Rules; 5.1.3 The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility or other Person for such purposes and subject to such conditions as may be permitted by the Project Documents; provided however, that no such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by at least two-thirds (213) of the Class A and Class B Members has been recorded; 5.1.4 The right of the Association to prohibit the construction of Improvements on all Common Areas; 5.1.5 Common Areas may be used by the public as established from time to time by Grantor on any portion of the Property by specifically describing such area as an area for public use on a recorded Plat, by granting or reserving it in a deed or other instrument or by designating it as such in this Declaration; 5.1.6 The Common Area cannot be mortgaged or conveyed without the approval of the Owners, excluding Grantor, of at least two-thirds (213) of the total voting power in the Association. If ingress or egress to any Lot is through the Common Area, any conveyance or encumbrance of the Common Area shall be subject to an easement of the Owners of such Lots for the purpose of ingress and egress. 5.2 Delep-ation of Rip -ht to Use. Any Owner may delegate, in accordance with the Project Documents, such Owner's right of enjoyment to the Common Area to the members of such Owner's family residing within the Owner's residence, to such Owner's tenants and/or to such Owner's contract purchasers who reside on such Owner's Lot. Only Grantor or the Association shall have the right to delegate the right of enjoyment to the Common Area to the general public, and such delegation to the general public shall be for a fee set by Grantor or the Association. 5.3 Damages. Each Owner shall be fully liable for any damage to any Common Area that may be sustained by reason of the negligence or willful misconduct of the Owner, such DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 16 103307224.10065957-00001 Owner's contract purchasers or such Owner's family and guests, both minor and adult. In the case of joint ownership of a Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be a Limited Assessment against the Lot and may be collected as provided herein for the collection of other Assessments. 5.4 Association's Responsibility. The Association shall maintain and keep the Common Area in good repair, such maintenance to be funded as provided in this Declaration. This maintenance shall include, without limitation, maintenance, repair and replacement, subject to any insurance then in effect, of all landscaping and other flora, structures, fencing installed by Grantor along exterior portions of the Property and other Improvements situated within the Common Area. 5.5 No Warranty for Imorovements. Grantor makes no warranty, guarantee or undertaking, express or implied, oral or written, with respect to Common Area or the construction thereof. All warranties, guarantees and undertakings are hereby expressly disclaimed, including but not limited to the implied warranties of habitability, merchantability and fitness for a particular purpose. 5.6 Water Bodies. By acceptance of a deed to a Lot, each Owner acknowledges that the water levels of all water bodies may vary. There is no guarantee by the Grantor or the Association that water levels will be constant or aesthetically pleasing at any particular time. In fact, water levels may be non-existent from time to time. Without limiting the generality of the foregoing, this applies to the waters within the Common Area as well as any wetlands or riparian areas within the Common Areas or encroaching on Lots (if any). ARTICLE 6 STANDARDS, REQUIREMENTS AND RESTRICTIONS 6.1 Imorovements — Generally. All Improvements shall be designed, constructed and used in such a manner as to promote compatibility between the types of uses contemplated by this Declaration. Specific design and construction guidelines are contained in the Architectural Design Guidelines. The Architectural Design Guidelines and the general instructions set forth in this Declaration shall govern the right of a Person or Owner to construct, reconstruct, refinish, remove, add, alter or maintain any Improvement upon, under or above the Property, and to make or create any excavation or fill on the Property, or make any change in the natural or existing surface contour or drainage, or install any utility line or conduit on, under or over the Property, including but not limited to any Lot. All Improvements by any Owner must be pre -approved in writing by the Committee prior to their construction or reconstruction. In the event any Improvements are damaged or completely destroyed, the Owner shall repair or reconstruct such Improvements in accordance with the Architectural Design Guidelines governing such repair or reconstruction. No Lots shall be permitted to remain in an unimproved condition, unless the Owner has received prior written approval from the Committee for a landscape plan. All Lots shall be used exclusively for residential purposes and other appropriate uses permitted under any zoning ordinances applicable to the Property, provided such other appropriate uses are in compliance with local laws, rules, regulations and ordinances. No Lot, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 17 103307224.10065957-00001 other than the Lot(s) used for irrigation or utility facilities and services, shall be improved except with residential structures and accessory structures as permitted under the Architectural Design Guidelines. This Declaration is not intended to serve as authority for the Committee to control the interior layout or design of residential structures except to the extent incidentally necessitated by use, size and height restrictions. The Association, after reasonable notice to the offender and/or to the Owner, may remove any Improvement constructed, reconstructed, refinished, removed, added, altered or maintained in violation of this Declaration and/or the Architectural Design Guidelines, and the Owner of the Improvements shall immediately reimburse the Association for all expenses incurred with such removal. Each violation of this Declaration and the Architectural Design Guidelines is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed for such violation by law or equity against an Owner and/or Member shall be applicable. 6.2 Minimum Building Size. The primary residential structure on any Lot must contain at minimum 1600 square feet of interior living space, excluding porches, patios and garages. If the primary residential structure on a Lot contains more than one story, the minimum square footage at grade is 800 square feet of interior living space, excluding porches, patios and garages. [Client to confirm] 6.3 Setbacks. Subject to the requirements of the applicable ordinances of the City of Star and the rights of the Committee to approve the site plan for any Improvement to be constructed upon a Lot: 6.3.1 All residential structures shall be subject to the setbacks set forth in the Architectural Design Guidelines. 6.3.2 All other structures shall be subject to such setbacks as may be required by the Committee. 6.3.3 Notwithstanding the provisions herein regarding setbacks, if the applicable ordinances of the governmental entities having jurisdiction over the Property require setbacks different than those provided herein, the more restrictive shall prevail. 6.3.4 For the purpose of this Section, eaves, steps, chimneys and gutters shall not be considered as a part of residential structure, provided however that this shall not be construed to permit any eaves, steps, chimneys or gutters or any portion of the residential structure to encroach upon any other Lot. 6.4 Fences and Hedges. No fences or walls shall be constructed, erected, installed or maintained on any Lot unless specifically approved by the Committee in writing, in advance of construction, as to location, material, design and color. All fences and hedges must comply with the applicable ordinances of the City of Star. 6.5 Exterior Maintenance, Owner's Obligations. All residential structures and accessory structures on each Lot shall be of frame, stone, stucco or brick construction, and if DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 18 103307224.10065957-00001 other than stone or brick, shall be finished, painted and maintained in good repair. No Improvement shall be permitted to fall into disrepair, and each Improvement shall at all times be kept in good condition and repair. In the event that any Owner(s) permit any Improvement, including but not limited to trees, landscaping and fencing, which is the responsibility of such Owner(s) to maintain, to fall into disrepair, so as to create a dangerous, unsafe, unsightly or unattractive condition, or so as to damage property or facilities on or adjoining his or her Lot, the Association, upon thirty (30) days' prior written notice to the Owner(s) of such property, shall have the right to correct such condition or damage and to enter upon such Owner's Lot(s) for the purpose of doing so, and such Owner(s) shall promptly reimburse the Association for the cost thereof (or an Owner's share of such costs). Any dispute between neighboring Owners regarding the sharing of such costs shall be resolved in accordance with Section 7.9. The costs incurred pursuant to this Section 6.5 may be treated by the Association as a Limited Assessment and constitute a lien enforceable in the same manner as other Assessments as set forth herein. The Owner(s) of the offending property(ies) shall be personally liable, and such Owner's property(ies) may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective acts, plus all costs incurred in collecting the amounts due. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefor, or in the event of a dispute between neighboring Owners that is resolved in accordance with Section 7.9, within ten (10) days of the decision by the Board, or the amounts may, at the option of the Board, be added to the amounts payable by such Owner as Regular Assessments. 6.6 Landscaping. Each Owner agrees to maintain, improve, operate, repair and replace landscaping according to the Architectural Design Guidelines. Prior to construction of Improvements, the Owner shall remove weeds and maintain the Lot in a clean and safe condition free of debris or any hazardous condition. The Owner shall submit a landscaping plan to the Committee for written approval as part of the Owner's initial submittals to the Committee. The Owner shall landscape such Lot in conformance with the landscape plan approved by the Committee within thirty (30) days after substantial completion of the primary residential structure, provided however that if placement and planting of landscaping is made impractical by inclement weather, the completion of landscaping may be deferred a reasonable period of time in the discretion of the Committee (but shall be completed no later than the next April 30th following occupancy). All Owners shall install, maintain, repair and replace, in at least the Owner's front yard, a timer -controlled automated irrigation system, which shall be operated in accordance with any rules adopted by the Association. All landscaping plan must comply with the applicable ordinances of the City of Star. The rear yard landscaping must be completed within ninety (90) days of occupancy by Owner; provided however that if placement and planting of landscaping is made impractical by inclement weather, the completion of landscaping may be deferred a reasonable period of time in the discretion of the Committee (but shall be completed no later than the next April 30th following occupancy). The Owner is responsible for landscaping and maintaining the strip of property between any pathway or sidewalk located on the Owner's Lot and the street running adjacent thereto. The Owners understand and agree that the centers of the tree(s), which the Owners shall plant, pursuant to the Architectural Design Guidelines, within the planter strip on their Lots or adjacent to their Lots, between the sidewalk and the streets, shall be four (4) feet from the back of the curb. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 19 103307224.10065957-00001 6.7 Mailboxes. Any mailbox or mailbox post or structure constructed by Grantor on a Lot for the purpose of providing a receptacle for mail delivered solely to that Lot, shall be deemed the property of the Owner of such Lot. The Owner shall maintain, repair and replace such mailbox, mailbox post or structure in good condition and repair, and of the same quality and design, at such Owner's sole cost and expense. In accordance with Article 2 hereof, an Owner shall obtain prior written approval from the Committee before modifying or replacing such Owner's mailbox or mailbox post, unless the replacement is identical to the original. 6.8 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere upon the Property, including the Common Area or vacant Lots, and no odor shall be permitted to arise from any portion of the Property so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to the Property or to its occupants or residents, or to any other property in the vicinity thereof or to its occupants or residents. No business or home occupation, no noise, no exterior fires, no obstructions of pedestrian walkways, no unsightliness or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to the Property or to its occupants or residents or to other property in the vicinity or to its occupants or residents, as determined by the Association, in its reasonable judgment, or in violation of any federal, state or local law, rule, regulation or ordinance. Without limiting the generality of any of the foregoing, no whistles, bells or other sound devices (other than security devices used exclusively for security purposes which have been approved by the Committee), flashing lights or search lights shall be located, used or placed on the Property without the prior written approval of the Committee. No unsightly articles shall be permitted to remain on any Lot so as to be visible from any other portion of the Property. Without limiting the generality of the foregoing, refuse, garbage, trash, equipment, gas canisters, propane gas tanks, barbecue equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, plant ways, metals, bulk material and scrap shall be kept at all times in such containers and in areas approved by the Committee. No clothing or fabric shall be hung, dried or aired in such a way as to be visible to any other portion of the Property. 6.8.1 Basketball backboards or posts shall not be installed without prior approval of the Committee as to materials and positioning. At a minimum, backboards shall be constructed of Plexiglas or acrylic materials and shall be supported by metal posts. Backboards must be perpendicular to and adjacent to the driveway or to the side of the house. Portable basketball stands must have a backboard constructed of Plexiglas or acrylic materials and must not be put on public or Association owned sidewalks and/or streets and must be kept in an upright position. 6.8.2 No major appliances, including without limitation clothes washers, dryers, refrigerators or freezers may be kept, stored or operated on any balcony, patio, porch or other exterior area of any Improvement. Window air-conditioning units are not allowed. 6.8.3 Windows shall be covered only by drapes, shades or shutters and shall not be painted or covered by foil, cardboard, sheets or similar materials. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 20 103307224.1 0065957-00001 6.9 No Hazardous Activities. No activities shall be conducted on the Property, and no Improvements shall be constructed on any Property which are or might be unsafe or hazardous to any Person or property. 6.10 Insurance Rates. Nothing shall be done or kept on any Lot which will increase the rate of or cancel any insurance on any other portion of the Property without the approval of the Owner of such other portion, nor shall anything be done or kept on the Property or a Lot which would result in the cancellation of insurance on any portion of the Property owned or managed by the Association or which would be in violation of any law. 6.11 Vehicles and Equipment. The use of all vehicles and equipment shall be subject to any of the Project Documents which prohibit or limit the use thereof within the Property. Without limiting the foregoing, the following specific restrictions apply: (1) all on -street parking shall be limited to those specific areas where on -street parking is not expressly prohibited by the governmental or quasi -governmental agencies with responsibility therefor; (2) vehicles shall not extend or otherwise be permitted on or into any sidewalk, bicycle path or pedestrian path unless such vehicle is engaged in an emergency procedure, or as provided elsewhere in the Project Documents; (3) no motor homes, motor coaches, campers, trailers, snowmobiles, aircraft, boats, recreational vehicles, all -terrain vehicles, Abandoned or Inoperable Vehicles, Oversized Vehicles, dilapidated or unrepaired and unsightly vehicles or similar equipment such as snow removal equipment, garden maintenance equipment and all other unsightly equipment and machinery shall be placed upon any portion of the Property, including but not limited to streets, parking areas and driveways, unless the same are located on a concrete pad and enclosed by a structure concealing them from view in a manner approved by the Committee; (4) to the extent possible, garage doors shall remain closed at all times; and (5) the use of any electronic, gas or other fuel operated gardening, yard or snow removal equipment shall only be allowed from 8:00 a.m. to 9:00 p.m. 6.12 Animals/Pets. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot except that Household Pets (defined below) may be kept for an Owner's personal use provided that (a) such Household Pets are not bred or maintained for any commercial purpose; (b) no more than four (4) domesticated dogs or domesticated cats may be kept on a Lot; and (c) any such Household Pets shall be properly restrained and controlled at any time they are within the Property. "Household Pets" as permitted hereby means generally recognized household pets, such as domesticated dogs, domesticated cats, fish, birds, rodents and non-poisonous reptiles. Household Pets shall not include livestock, poultry, swine or waterfowl. Notwithstanding the foregoing, Household Pets shall not be kept which unreasonably bother or constitute a nuisance (defined below) to other Owners. As used in this paragraph, "nuisance" means any noisy animal (defined below), any vicious animal, any non-domestic household pet or any animal which damages or destroys property. Excessive, continued or untimely barking, molesting passersby, chasing vehicles, pursuing or attacking other animals, including wildlife, and trespassing upon private property in such a manner as to damage the property shall also be deemed a nuisance. As used in this paragraph, "noisy animal" means any animal which habitually, constantly or frequently disturbs the sleep, peace or quiet of any Person. Owners shall contact Ada County Animal Control regarding noisy animals prior to complaining to the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 21 103307224.10065951-00001 Board about such animals. Any costs associated with responding to complaints of a noisy animal or nuisance pet may be levied against an Owner or Occupant as a Limited Assessment. The Owner of a Property where a Household Pet is kept, as well as the legal owner of the pet (if not such Owner), shall be jointly and severally liable for any and all damage and destruction caused by the pet, and for any clean-up of roads or other property necessitated by such pet. 6.13 Construction and Temporary Structures. During the course of construction, no trailer houses or similar mobile units designed for overnight accommodations shall be parked on any street. No trailer, basement, tent, shack, garage, barn or other unattached structure erected on a Lot shall, at any time, be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. No building of any kind shall be erected or maintained on a Lot prior to the construction of the Improvements thereon. The construction of Improvements shall be prosecuted diligently and continuously from the time of commencement thereof until such Improvements are fully completed and painted. The construction site shall be cleaned of trash and debris nightly and maintained in a non -nuisance condition. 6.14 Drainage. Ada County Highway District ("ACHD") is hereby granted a perpetual blanket storm water, drainage, overflow and retention easement over a portion of Lot —of Block as shown on the Initial Plat (the "Master Easement Area"). A portion of said Lot is depicted on the Initial Plat as being servient to the ACHD storm water drainage system pursuant to that certain Amended Master Perpetual Storm Water Drainage Easement recorded on November 10, 2015 as Instrument No. 2015-103256 in the office of the Recorder of Ada County, Idaho ("Master Easement"), which Master Easement is incorporated herein by this reference as if set forth in full. The Master Easement and the storm water drainage system are dedicated to ACHD pursuant to Idaho Code Section 40-2302. The Master Easement is for the operation and maintenance of the storm water drainage system. The Master Easement Area shall remain free of all encroachments and obstructions (including fences and trees) which may adversely affect the operation and maintenance of the storm drainage facilities. Only one tree is allowed along any boundary line separating the Master Easement Area from other portions of the Property, which tree must be planted on the back side of swales. The primary purpose of the Master Easement Area is for the management of storm water. All recreation, aesthetic and other uses of such areas are secondary. Maintenance of all the storm drainage facilities within the public rights-of-way shall be the responsibility of ACHD. Surface maintenance (grass, trees, shrubs, etc.) of the storm drainage facilities in the Master Easement Area is the responsibility of the Association. The Association shall maintain the Master Easement Area in accordance with that certain Maintenance and Operation Manual authored by at and dated . Any changes or modifications of the Master Easement Area above and beyond the improvements shown on the ACHD approved storm drainage plans for the Property, as set forth in such Maintenance and Operation Manual, shall require the prior approval of ACHD and any other governmental entity having jurisdiction of the Property. ACHD has the right to inspect the storm water facilities in the Master Easement Area and, if necessary, perform any required maintenance or repairs that is the responsibility of the Association. ACHD has the right to assess the Association for the costs of any required maintenance or repairs where the Association has failed to adequately maintain the surface areas that are part of the storm water DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 22 103307224.10065957-00001 treatment/detention area(s) within the Master Easement Area, including the use of liens and/or assessments of maintenance costs against the Common Area Lots. 6.15 Gradin5z. Unless otherwise permitted in a grading plan approved by a public agency, or by the Committee, all Lots within the Property shall be graded so that they drain to the street or streets adjacent to such Lots. Under no circumstances shall any Lot drain onto, over, across or under another Lot if such drainage would have a material, adverse effect on such other Lot. The Owner of any Lot within the Property in which grading or other work has been performed pursuant to a grading plan approved by any public agency, or by the Committee, shall maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures, means or devices which are not the responsibility of any public agency, and plantings and ground cover installed or completed thereon. An Owner failing to perform the Owner's obligations under this Section shall be subject to Regular, Special and Limited Assessments provided for herein, as necessary for the Association to perform the Owner's responsibilities herein. Nevertheless, while the Association shall have the authority and power to take corrective actions by performing an Owner's obligations under this Section, the Association shall not have a duty or obligation to take such corrective actions. 6.16 IrriEation System. Each Owner is hereby required to connect such Owner's Lot(s) to the Irrigation System upon the earlier to occur of the issuance of a certificate of occupancy or nine (9) months after the issuance of a building permit to ensure that all required landscaping is maintained in a high quality manner and first class condition and in accordance with this Declaration and all other applicable standards. By accepting a deed to a Lot, each Owner acknowledges and agrees to pay for Irrigation System water, whether or not such Owner actually uses such water, and to abide by all rules and regulations relating to the Irrigation System imposed by the Association. Each Owner also acknowledges and agrees, by accepting a deed to a Lot, that the Irrigation System water may be inadequate, particularly during low water years and seasons, and that each Owner is not guaranteed any specific amount of water for use on such Owner's Lot(s). Grantor shall transfer the Irrigation System to the Association. Except as otherwise approved by the Grantor or the Board in writing, no lands may use or receive water from the Irrigation System unless such lands have first been duly annexed into the Property pursuant to Section 10.11 hereof. 6.17 Water Suvvly Systems. No separate or individual water supply system, regardless of the proposed use of the water to be delivered by such system, shall be permitted on any Lot unless such system is approved by all government authorities having jurisdiction and designed, located, constructed and equipped in accordance with the requirements, standards and recommendations of the Committee and Grantor (so long as Grantor owns one or more Lots). 6.18 Sewage Disvosal Systems. No individual sewage disposal system shall be used on the Property. Each Owner shall connect the appropriate facilities on such Owner's Lot to the City of Star sewer system and pay all charges assessed thereon. 6.19 Energy Devices, Outside. No energy production devices, including but not limited to generators of any kind and solar energy devices, shall be constructed or maintained on DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 23 103307224.10065957-00001 any portion of the Property without the written approval of the Committee, except for mechanical equipment shown in the plans approved by the Committee. This Section shall not apply to passive solar energy systems incorporated into the approved design of a residential structure. 6.20 Signs. Except as specifically provided for in writing within the Project Documents, no more than one (1) sign shall be allowed on any Lot at any one time advertising the property for sale or lease or to advertise the property during the course of construction. No sign of any kind shall be displayed to the public view more than six (6) square feet in size and not more than three (3) feet above grade. In addition, signs may also be allowed as follows: 6.20.1 The Association may erect and maintain uniform subdivision identification signs, street signs and other appropriate informational signs upon the Common Area or upon utility easements of a size and design approved by the Committee. No other signs shall be placed or maintained upon the Common Area. 6.20.2 Directional and open house signs may be used during open house time period only. 6.20.3 All Lot signs must be removed within thirty (30) days after occupancy. 6.21 Antennae. All exterior radio antenna, television antenna, satellite dish antenna or other antenna of any type shall be screened by a fence, landscaping or similar structures in accordance with the Architectural Design Guidelines, or as otherwise required to ensure the safety of the residents of the Property, except that screening shall not be required where it would unreasonably delay installation or unreasonably increase the cost of installation, maintenance or use of the antennae, or preclude the reception of an acceptable quality signal. No antennae may be installed until after an Owner has received Committee approval for construction of residential Improvements on the Owner's Lot. 6.22 No Further Subdivision. No Lot may be further subdivided unless expressly approved in writing by Grantor, so long as Grantor owns a Lot in the Property, and the Board of the Association. Any such further subdivision shall be consistent with all applicable state and local laws, rules, regulations and ordinances. 6.23 Leasing. Any Owner or other Person who occupies or possesses a Lot or portion thereof shall comply with the Fair Housing Act, 42 U.S.C. § 3601 et seq., to the extent the same may be applicable to such Owner or other Person. Nothing in this Declaration shall be construed to require any conduct that would violate the Fair Housing Act. 6.24 Compliance with Laws. Subject to the rights of reasonable contest, each Owner and any and all professionals retained by such Owner or any employees, contractors or subcontractors of such professionals, shall promptly comply with the provisions of all applicable laws, regulations, ordinances and other governmental or quasi -governmental regulations with respect to all or any portion of the Property, including but not limited to any and all portions of the Property subject to regulation by the U.S. Army Corps of Engineers as wetlands areas. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 24 103307224.10065957-00001 ARTICLE 7 EASEMENTS 7.1 Owner's Easements of Enjoyment. Every Owner shall have a nonexclusive easement for the use and enjoyment of the Common Area, which shall be appurtenant to and shall pass with the title to every Lot, subject to the Restrictions set forth in this Declaration, as supplemented and amended from time to time. 7.2 Delegation of Use. Any Owner may delegate, in accordance with the Project Documents, such Owner's right of enjoyment in the Common Area to such Owner's tenants, employees, family, guests or invitees. 7.3 Recorded Easements. The Property, and all portions thereof, shall be subject to all easements shown on any recorded Plat affecting the Property, or any portion thereof, and to any other easements of record or of use. 7.4 Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment as between each Lot and such portion or portions of the Common Area adjacent thereto, or as between adjacent Lots, due to the unwillful placement or settling or shifting of the Improvements including but not limited to structures, walkways, bike paths, sidewalks and driveways constructed, reconstructed or altered thereon in accordance with the terms of this Declaration. Easements of encroachment shall be valid only so long as they exist, and the rights and obligations of Owners shall not be altered in any way because of encroachments, settling or shifting of the Improvements; provided, however, that in no event shall a valid easement for encroachment occur due to the willful or bad faith act(s) of an Owner. In the event a structure on any Lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments within and over adjoining Lots that existed prior to the encroachment may be reconstructed pursuant to the easement granted by this Section 7.4. 7.5 Maintenance and Use Easement Between Walls and Property. Whenever the wall of a structure, a fence, eave or overhang constructed on a Lot pursuant to the Committee's approval is located within three (3) feet of the property line of such Lot, the Owner of such Lot is hereby granted an easement over and on the adjoining Lot (not to exceed three (3) feet from the property line of the Lot) for purposes of maintaining, repairing or replacing such wall, fence, eaves or other overhangs, and the Owner of such adjoining Lot is hereby granted an easement for landscaping purposes over and on the area lying between the property line and such structure or fence so long as such use does not cause damage to the structure or fence. 7.6 Easements of Access. Grantor expressly reserves for the benefit of all the Property reciprocal easements of ingress and egress for all Owners to and from their respective Lots for installation and repair of utility services and for necessary maintenance and repair of any Improvement including but not limited to fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees and landscaping. Such easements may be used by Grantor, and by all Owners, their guests, tenants and invitees residing on or temporarily visiting the Property, for pedestrian walkways, vehicular access and such other purposes reasonably necessary for the use and enjoyment of a Lot or Common Area. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 25 103307224.10065957-00001 7.7 Drainage and Utility Easements. Notwithstanding anything expressly or impliedly contained herein to the contrary, this Declaration shall be subject to all easements heretofore or hereafter granted by Grantor for the installation and maintenance of utilities and drainage facilities that are required for the development of the Property. In addition, Grantor hereby reserves for the benefit of the Association the right to grant additional easements and rights-of-way over the Property, as appropriate, to utility companies and public agencies as necessary or expedient for the proper development of the Property until close of escrow for the sale of the last Lot in the Property. The Owners of Lots are hereby restricted and enjoined from constructing or altering any Improvements upon any drainage or utility easement areas as shown on the Plats or otherwise designated in any recorded document which would interfere with or prevent the easement from being used for its intended purpose; provided, however, that the Association, Grantor and any Owner or designated Person having an interest in any landscaping easement described in this Article 7, shall be entitled to install and maintain landscaping on such easement areas, subject to approval by the Committee, so long as the same would not interfere with or prevent the easement areas from being used for their intended purposes; provided, further, that any damage sustained to Improvements on the easement areas as a result of legitimate use of the easement area shall be the sole and exclusive obligation of the Owner of the Lot where Improvements were so damaged, or in the event the easement area where Improvements were so damaged is located in a Common Area, the Association shall be responsible for the damage sustained and may impose a Special or Limited Assessment therefor. 7.8 Rights and Duties Concerning Utility Easements. The rights and duties of the Owners of the Lots within the Property with respect to utilities shall be governed by the following: 7.8.1 Access for Single Owners. Wherever utility house connections are installed within the Property, which connections or any portions thereof lie in or upon Lots owned by an Owner other than the Owner of the Lot served by the connections, the Owner of the Lot served by the connections shall have the right, and is hereby granted an easement to the full extent necessary therefor, to enter upon any Lot or to have their agent enter upon any Lot within the Property in or upon which said connections or any portion thereof lie, to repair, replace and generally maintain the connections as and when it may be necessary; and 7.8.2 Access for Multivle Owners. Whenever utility house connections are installed within the Property, which connections serve more than one Lot the Owner of each Lot served by the connections shall be entitled to full use and enjoyment of such portions of said connections as service such Owner's Lot. 7.9 Disputes as to Sharing of Costs. In the event of a dispute between Owners with respect to the repair, replacement or maintenance of any Improvement or utility connections, or with respect to the sharing of the cost therefor, upon written request of one of such Owners addressed to the Association, the matter shall be submitted to the Board, which shall decide the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 26 103307224.10065957-00001 dispute and, if appropriate, make an appropriate Assessment against any or all of the Owners involved on behalf of the prevailing Owner(s), which Assessment shall be collected and enforced in the manner provided by this Declaration for Limited Assessments. 7.10 General Landscape Easement. An easement is hereby reserved to the Association, its contractors, employees and agents to enter all Lots, for the purpose of installing, maintaining, replacing and restoring the Irrigation System, exterior landscaping and natural vegetation and habitat. Such landscaping activity shall include, by way of illustration and not of limitation, the mowing of lawns, irrigation, sprinkling, tree and shrub trimming and pruning, walkway Improvement, seasonal planting and such other landscaping activities within the Property as the Association shall determine to be necessary from time to time. 7.11 Easements Deemed Created. All conveyances of Lots made after the date of the recording of the Declaration, as amended and supplemented from time to time whether by Grantor or otherwise, shall be construed to grant and reserve the easements contained in this Article 7, even though no specific reference to such easements or to this _Article 7 appears in the instrument for such conveyance. 7.12 Emergency Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance and all other similar emergency agencies or Persons to enter upon the Property in the proper performance of their duties. 7.13 Maintenance Easement. An easement is hereby reserved to Grantor, which may be assigned by Grantor to the Association, and any member of the Board or Manager, if any, and its respective officers, agents, employees and assigns, upon, across, over, in and under the Lots and a right to make such use of the Lots as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform pursuant to the Project Documents, including but not limited to the right to enter upon any Lot for the purpose of performing maintenance to sidewalks, pathways, landscaping, the drainage system and the exterior of Improvements to such Lot as required by the Project Documents. 7.11 No Easement for Light, Air or View. No Owner shall have an easement for light, air or view over the Lot of another Owner and no diminution of light, air or view by any Improvement now existing or hereafter erected shall entitle an Owner or any other Person to claim any easement for light, air or view within the Property. ARTICLE 8 ALTERNATIVE DISPUTE RESOLUTION 8.1 Agreement for Alternative Dispute Resolution. Each Owner acknowledges that litigation is expensive, time consuming, frustrating and emotionally draining, and that such Owner would prefer to resolve any dispute such Owner may have with Association, the Committee and/or other Owners without litigation. This Article 8 is designed to provide a convenient, fair, timely and cost effective forum for resolving most disputes at the earliest possible juncture without the expense, delay, frustration and emotional drain of litigation. Therefore, each Owner agrees that any and all claims, disputes or other matters in question, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 27 103307224.10065957-00001 whether in contract, tort or otherwise (a "Claim") between such Owner and the Grantor, the Association (or any member of the Board), the Committee (or any member thereof) and/or another Owner shall be subject to alternative dispute resolution pursuant to this Article 8 if such Claim relates to such Owner's rights, responsibilities or obligations under the Project Documents. The Grantor (until the Class B Termination Date), the Association, the members of the Board, the Committee and the members thereof agree to be bound by the provisions of this Article 8. 8.2 Initial Discussions. Each Owner shall first attempt to resolve any Claim by raising the issues of concern with the other parties to the Claim and engaging in direct discussions to resolve the issues. Most Claims can be resolved through direct discussions if the parties engage in the discussions with openness and good faith. Keep calm, avoid personal attacks, seriously consider the other parties' perspective, avoid escalating the dispute and try to reach a compromise. Assume that the other Person is acting in good faith unless you have clear evidence to the contrary. 8.3 Notice of Claim. If the Owner is unable to reach a satisfactory resolution of such Claim within a reasonable time, the Owner shall, as a condition precedent to filing any legal or equitable proceeding related thereto, deliver a demand for alternative dispute resolution pursuant to this Article 8 by written notice to the other parties to the Claim and to the Board. Such notice shall identify (a) the nature of the Claim, (b) the parties involved and each identified party's role in the Claim, (c) the legal basis of the Claim (i.e.. the specific authority out of which the Claim arises), and (d) the claimant's proposed remedy. The demand shall be served on the other parties to the Claim and the Board by personal delivery, first-class mail, express mail, facsimile transmission, or other means reasonably calculated to provide the party on whom the demand is served actual notice of the demand. The Owner shall continue to diligently honor its obligations under the Project Documents pending the final resolution of any Claim. If an Owner files a legal or equitable proceeding before complying with this Article 8. any other party to such proceeding shall have the right to have such legal or equitable proceeding stayed pending such party's referral of the Claim to the Board and completion of the procedures set forth in this Article 8. 8.4 Board Review of Claim. Upon receipt of a Claim, the Board will timely review the Claim and take one or more of the following actions by written notice to the parties thereto: (1) request additional supporting data from the claimant or a response with supporting data from another party, (2) accept all or any part Claim for resolution and order mandatory mediation in accordance with Section 8.5 hereof, (3) accept all or any part Claim for resolution and order mandatory, binding arbitration in accordance with Section 8.6 hereof, (4) suggest a compromise, (5) decline to accept all or any part of the Claim for resolution because the Board concludes, it is sole discretion, that the Claim or portion thereof does not relate such Owner's rights, responsibilities or obligations under the Project Documents, or (6) decline to accept all or any part of the Claim for resolution because the Board concludes, it is sole discretion, that the Claim or portion thereof is not appropriate for resolution pursuant to this Article 8. If the Board requests an Owner to respond to a Claim or to furnish additional supporting data, such Owner shall respond within ten days after receipt of such request. Upon receipt of the response or supporting data, if any, the Board will act as set forth in the first sentence of this Section 8.4. If DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 28 103307224.10065957-00001 the Board declines to accept a Claim or any part thereof for resolution, the parties thereto may then pursue any lawful rights or remedies related thereto. 8.5 Mediation. If the Board orders mediation, the Board shall appoint a mediator who shall set the time, place and rules of the mediation. Each party subject to this Article 8 ordered by the Board to participate in the mediation shall do so in good faith. The mediator shall endeavor to hold the mediation at a mutually convenient time and location; provided, however, the mediator shall endeavor to complete the mediation within twenty-one days after the order for mediation. The parties shall share the mediator's fees equally. If any Owner fails to pay its share of the mediator's fees when due, the Board may pay such Owner's share, which shall be a Limited Assessment against such Owner. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof, and any party to a settlement agreement may seek judicial enforcement thereof at any time. The mediator shall report the result of the mediation to the Board. If mediation fails to fully resolve a Claim, the Board may order arbitration of any unresolved part of such Claim in accordance with Section 8.6 hereof. 8.6 Arbitration. If the Board orders arbitration, the Board shall appoint an arbitrator who shall set the time, place, schedule and rules of the arbitration. The arbitrator may be any judge or attorney. Each party subject to this Article 8 ordered by the Board to participate in the arbitration shall do so in good faith and shall be bound by the result thereof. The arbitrator may, in its discretion, order parties to produce documents relevant to the dispute but may not order written discovery or depositions. The arbitrator shall endeavor to hold the arbitration at mutually convenient times and locations; provided, however, the arbitrator shall endeavor to complete the arbitration within forty-five days after the order for arbitration. The parties shall bear their own attorneys' fees (if any) and share the arbitrator's fees equally; provided, however, the arbitrator may award costs, arbitrator's fees and attorneys' fees against a party if the arbitrator determines such party pursued a Claim or defense without good faith or without substantial foundation in fact or law. If any Owner fails to pay its share of the arbitrator's fees (but not any arbitrator's award) when due, the Board may pay such Owner's share, which shall be a Limited Assessment against such Owner. Except as otherwise provided herein, the arbitration shall be conducted in accordance with the Idaho Uniform Arbitration Act, Idaho Code § 7-901 et seq. The arbitrator's award shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof, and any beneficiary of a judgment may seek judicial enforcement thereof at any time. If a legal or equitable proceeding is instituted to enforce an arbitrator's award, the prevailing party to such proceeding shall be entitled to recover attorneys' fees and costs. 8.7 Exemptions. This Article 8 shall not apply to (1) any legal action instituted in the Small Claims Division of the District Court in Ada County (commonly known as "Small Claims Court"), (2) any Claim that would otherwise be barred by the statute of limitations, (3) any suit by Grantor or the Association to obtain a temporary restraining order or injunction (or equivalent emergency equitable relief) and such other ancillary relief as the court may deem necessary in order to maintain the status quo, or (4) any Claim that does not relate such Owner's rights, responsibilities or obligations under the Project Documents; provided, however, the Board's decision to accept or reject a Claim (or part thereof) for resolution pursuant to Section_ 8.4 hereof DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 29 103307224.10065957-00001 shall be subject only to the standard of review for the vacation of awards pursuant to Idaho Uniform Arbitration Act. ARTICLE 9 INSPECTION OF ASSOCIATION BOOKS AND RECORDS 9.1 Member's Riaht of Inspection. The membership register, books of account and minutes of meetings of the board and committees of the Association shall be made available for inspection and copying by any Member, or by such Member's duly appointed representatives, at any reasonable time and for a purpose reasonably related to such Member's interest as a Member at the office of the Association or at such other place as the Board shall prescribe. No Member or any other Person shall copy the membership register for the purposes of solicitation of or direct mailing to any Member. 9.2 Rules Reaardina Inspection of Books and Records. The Board shall establish reasonable rules with respect to (1) notice to be given to the custodians of the records by the Persons desiring to make the inspection; (2) hours and days of the week when such an inspection may be made; and (3) payment of the cost of reproducing copies of documents requested pursuant to this Article 9. 9.3 Director's Rip-hts of Inspection. Every Director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association, and the physical properties owned or controlled by the Association. The right of inspection by a Director includes the right to make extracts and copies of documents. /� :II M C�7113f[IIl7 aWN-ce) t4100410119 10.1 Rip -ht of Development. Nothing contained in this Declaration shall limit the right of Grantor to grant licenses, to reserve rights -of -ways and easements for utility companies, public agencies or others, to complete excavation, grading and construction of Improvements to and on any portion of the Property owned by Grantor, to alter the foregoing and its construction plans and designs or to construct such additional Improvements as Grantor deems advisable in the course of development of the Property. Such right shall include, but shall not be limited to, erecting, constructing and maintaining on the Property such structures and displays as may be reasonably necessary for the conduct of Grantor's business of completing the work and disposing of the same by sales, lease or otherwise. Grantor shall have the right at any time prior to acquisition of title to a Lot by a purchaser to grant, establish and/or reserve on that Lot additional licenses, reservations and rights-of-way to Grantor, to utility companies or to others as may from time to time be reasonably necessary for the proper development and disposal of the Property. Grantor may use any structures owned or controlled by Grantor on the Property as model home complexes or real estate sales or leasing offices. Grantor need not seek or obtain Association or Committee approval of any Improvement constructed or placed by Grantor, or its affiliated entities, on any portion of the Property. Each Owner by acceptance of a deed to any Lot or other portion of the Property agrees that such Owner shall not object to or oppose any development of any portion of the Property or other property annexed to the Property pursuant to Section 10.11 below. Such agreement not to DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 30 103307224.10065957-00001 oppose development is a material consideration to the conveyance of any portion of the Property by Grantor to any and all Owners. No provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property, including any subdivision or re -subdivision of the Property, or to construct Improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, including the Common Area or any public right-of-way, nor Grantor's right to post signs incidental to construction, sales or leasing. 10.2 Rilihts Incident to Construction. Grantor, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon, under and across the Property and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident to the construction of the Improvements on the Property owned by Grantor; provided, however, that no such rights shall be exercised by Grantor in such a way as to unreasonably interfere with the occupancy, use, enjoyment or access to an Owner's Lot by that Owner or such Owner's family, tenants, employees, guests or invitees. 10.3 Water RiEhts Auuurtenant to Subdivision Lands. Grantor hereby reserves unto itself any and all water rights appurtenant to the Property, and Owners of any and all Lots accordingly shall have no right, title or interest in any of said water or water rights. 10.4 Exemt)tion From Architectural Review. Any and all Improvements constructed by Grantor on or to the Property are not subject to review and approval by the Committee. Lots owned by Grantor may remain in an unimproved condition. 10.5 Construction and Temporary Structures. Grantor or its authorized agents, to facilitate Lot sales, may place a temporary sales office or construction trailer of a portable nature upon any Lot. 10.6 Signs. Grantor is entitled to place signs of such size, design and number, as Grantor may deem appropriate, to identify the project and display related information pertaining thereto, and to advertise Lots for sale, on any portion of the Property. 10.7 Regular Assessments. Until the Class B Member Termination Date, Grantor shall not be assessed any Regular Assessments for any Lots owned by Grantor. However, until the Class B Member Termination Date, Grantor shall pay an amount equal to the Operating Expenses shortfall of the Association (the "Shortfall Payment"), which Shortfall Payment shall be the lesser of (i) the actual Operating Expenses shortfall, or (ii) the Regular Assessments that Grantor would otherwise be assessed as an Owner of a Lot multiplied by the total number of Lots owned by Grantor on the date Regular Assessments are assessed against the Owners of Lots. After the Class B Member Termination Date, Grantor shall be assessed Regular Assessments for each Lot of which Grantor is an Owner. 10.8 Membership Rep-ister. Grantor may copy the membership register for the purposes of solicitation of or direct mailing to any Member. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 31 103307224.10065957-00001 10.9 Declaration Amendment. Except as provided in Section 10.10, until the recordation of the first deed conveying a Lot from Grantor to a natural person or an entity unaffiliated with Grantor, other than the recordation of a deed conveying Common Area to the Association, the provisions of this Declaration may be amended, modified, clarified, supplemented, added to or terminated (each, an "Amendment") by Grantor by recordation of a written instrument setting forth such Amendment. In addition, Grantor, regardless of whether it has conveyed any Lot(s) to an Owner, shall have the exclusive right, power and authority to add to and/or amend this Declaration or any of the Project Documents, at any time and at its sole discretion, to comply with any and all requirements and conditions of the Federal National Mortgage Association ("FNMA"), the Government National Mortgage Association ("GNMA"), the Federal Housing Administration ("FHA"), the Veterans Administration ("VA") and the Federal Home Loan Mortgage Corporation ("FHLMC"). 10.10 Mort2a2e Protection. Notwithstanding any other provision of this Declaration, no Amendment of this Declaration or any supplement hereto shall operate to defeat or render invalid the rights of the beneficiary or mortgagee under any First Mortgage upon a Lot made in good faith and for value, and recorded prior to the recordation of such Amendment, provided that after foreclosure of any such First Mortgage, such Lot shall remain subject to this Declaration, as amended and/or supplemented. In order to induce the FHLMC, GNMA, FHA, VA and FNMA to participate in the financing of the sale of Lots, any provisions hereof or of the Association's Articles of Incorporation and/or Bylaws, which conflict with or are not adequate to meet the requirements of FHLMC, GNMA, FHA, VA and FNMA, may be amended and supplemented by Grantor, in its sole discretion and without needing to obtain any approvals or consents, to meet such requirements. In addition to the foregoing, Grantor may enter into such contracts or agreements on behalf of the Association as are required in order to satisfy the guidelines of FHLMC, GNMA, FHA, VA and FNMA, or any similar entity, so as to allow the purchase, guaranty or insurance, as the case may be, by such entities of First Mortgages encumbering Lots with residences thereon. Each Owner hereby agrees that it will benefit the Association and the membership of the Association, as a class of potential Mortgage borrowers and potential sellers of their Lots, if such agencies approve the Property as a qualifying subdivision under their respective policies, rules and regulations, as adopted from time to time. Beneficiaries and mortgagees under a Mortgage are hereby authorized to furnish information to Grantor concerning the status of any Mortgage encumbering a Lot. 10.11 Annexation. Grantor may annex additional lands into the Property by recording a supplement to this Declaration declaring such additional lands to be part of the Property and subject to this Declaration. The land that may be annexed specifically includes, but is not limited to, the land described on Exhibit A attached hereto. Grantor may exercise the foregoing annexation rights at any time and from time to time without the approval of any Owner or the Association. The supplement to this Declaration may set forth additional or different covenants and restrictions applicable to the annexed lands, as Grantor may deem appropriate, and may delete or modify as to the annexed lands such covenants or restrictions as are contained herein which Grantor deems not appropriate for the annexed lands, so long as the quality of Property is DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 32 103307224.10065957-00001 not materially adversely affected. The Owners of Lots within annexed lands shall become Members of the Association with all rights, privileges and obligations as all other Members. Grantor shall not be obligated in any manner by this Declaration to annex additional lands to the Property or to annex any particular tract, or to annex tracts in any particular sequence, or to annex continuous tracts, it being the intention hereof that Grantor may decline to exercise the rights granted in this Article or may elect to exercise such rights only to a limited extent. 10.12 De -Annexation. Grantor shall have the right to delete all or a portion of the Property from the coverage of this Declaration and the jurisdiction of the Association, provided that Grantor is the owner of all property to be de -annexed. Such deannexation shall be effective upon Grantor's recordation of a supplement to this Declaration identifying the de -annexed lands and declaring that such lands shall no longer be subject to this Declaration. 10. 13 Assignment of Grantor's Rip-hts. The rights of Grantor under this Declaration may be assigned, in whole or in part, by Grantor, with respect to all or any portion of the Property, by an express written assignment recorded in the office of the Recorder of Ada County. Such assignment may be part of a supplement to this Declaration annexing additional lands pursuant to Section 10.11 above. A transferee of a Lot from Grantor does not become, as a result of such transfer, a Grantor under this Declaration with respect to such Lot. ARTICLE 11 DEFINITIONS 11.1 "Abandoned or Inoverable Vehicle" means any vehicle which has not been driven under its own propulsion for a period of seven (7) days or longer. 11.2 "Amendment" has the meaning ascribed to it in Section 10.9. 11.3 "Architectural Design Guidelines" means the architectural design guidelines and rules promulgated, published, amended and supplemented from time to time pursuant to Article 2. 11.4 "Articles" means the Articles of Incorporation of the Association, as the same may be amended or revised from time to time. 11.5 "Assessments" means those payments required of Owners who are Association Members, including Regular, Special, or Limited Assessments. 11.6 "Association" means American Star Homeowners Association Inc., an Idaho nonprofit corporation. 11.7 "Association Rules" means those rules and regulations promulgated by the Association governing conduct upon and use of the Property, the imposition of fines and forfeitures for violation of Association Rules or any other Project Documents, and procedural matters for use in the conduct of business of the Association. 11.8 "Board" means the Board of Directors of the Association. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 33 103307224.10065957-00001 11.9 "Building Envelope" means the area within a Lot where a residential structure and accessory structures may be located, always subject to the prior written approval of the Committee. Unless otherwise designated by Grantor, the Building Envelope shall be that portion of the Lot not located within legal setback areas or designated easements. 11.10 "Bylaws" means the Bylaws of the Association, as the same may be amended or revised from time to time. 11.11 "Claim" has the meaning ascribed to it in Section 8.1. 11.12 "Class A Member" has the meaning ascribed to it in Section 1.3.1. 11.13 "Class B Member" has the meaning ascribed to it in Section 1.3.2. 11.14 "Class B Member Termination Date". has the meaning ascribed to it in Section 1.3.2. 11.15 "Committee" means the Architectural Review Committee described in Article 2 hereof. 11.16 "Common Area" means (a) [Lot , Block Lots & Block _, and Lot . Block _1, all as platted on the Initial Plat; and (b) any other parcels of real property in which the Association holds an interest or which is held or maintained for the benefit of the Association and its Members, including personal property or improvements located thereon. The Association may acquire any Common Area it deems necessary and/or beneficial to the Property. Common Area may include easement and/or license rights. The Irrigation System is a part of the Common Area owned and governed by the Association, including without limitation any portions of the Irrigation System located in areas on Lots that are the subject of easements in favor of the Association. 11.17 "Declaration" means this Declaration of Covenants, Conditions and Restrictions for American Star Subdivision, as it may be amended and supplemented from time to time. 11.18 "Discretion" or "discretion" means the freedom or authority to act according to one's own judgment. 11.19 "Expenses" has the meaning ascribed to it in Section 3.4.1. 11.20 "First Mortgage" means any Mortgage which is not subordinate to any other Mortgage or to any other financial lien except liens for taxes and assessments or other non- consensual liens that are given priority by statute. 11.21 "Grantor" means AMH DEVELOPMENT LLC, a Delaware limited liability company, whose complete mailing address is 30601 Agoura Road, Suite 200, Agoura Hills, California 91301, its successors or any Person to whom such company's rights as "Grantor" under this Declaration are expressly assigned, directly or indirectly, in whole or in part. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 34 103307224.10065957-00001 11.22 "Improvement" means any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed, placed upon or allowed on, under or over any portion of the Property, including but not limited to residential structures, accessory buildings, club houses, pump or lift stations, fences, streets, drives, driveways, parking areas, sidewalks, bridges, bicycle paths, curbs, landscaping, walls, hedges, plantings, trees, wildlife habitat improvements, living and/or dead vegetation, rocks, signs, lights, mail boxes, electrical lines, pipes, pumps, ditches, recreational facilities, grading, road construction, utility improvements, trees, plantings, landscaping and any exterior construction or exterior improvement which may not be included in the foregoing. Improvement(s) includes both original improvements existing on the Property on the date hereof and all later changes and new Improvements. 11.23 "Initial Plat" has the meaning set forth in the first recital of this Declaration. 11.24 "Irrigation System" means the irrigation system contained within the Property, existing separate and apart from the potable water system, including all Improvements associated therewith, which supplies the entire Property with irrigation water and is more fully described in Section 6.16 hereof. 11.25 "Limited Assessment" means a charge against a particular Owner and such Owner's Lot, directly attributable to the Owner, equal to the cost incurred by the Association in connection with corrective action or maintenance, repair, replacement and operation activities performed pursuant to the provisions of this Declaration, including but not limited to damage to or maintenance, repair, replacement and operation activities performed for any Common Area or the failure of an Owner to keep the Owner's Lot in proper repair, and including interest thereon as provided in this Declaration or for any goods or services provided by the Association benefiting less than all Owners. 11.26 "Lot" means a lot depicted on any Plat upon which Improvements maybe constructed. For voting, membership and Assessment purposes herein, "Lot" shall not include any lots owned by the Association as Common Area. 11.27 "Member" means each Owner holding a membership in the Association, including Grantor. 11.28 "Mortgage" means any mortgage, deed of trust, or other document pledging any portion of the Property or interest therein as security for the payment of a debt or obligation. 11.29 "Occupant" means any resident or occupant of a Lot other than the Owner, including but not limited to family members, guests, invitees and tenants. 11.30 "Operating Expenses" has the meaning ascribed to it in Section 3.4.1. 11.31 "Oversized Vehicles" means vehicles which are too high or too wide to clear the entrance of a normal residential garage door opening. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 35 103307224.10065957-00001 11.32 "Owner" means the record owner, whether one or more Persons, including Grantor, holding fee simple interest of record to a Lot that is a part of the Property, and buyers under executory contracts of sale, but excluding those Persons having such interest merely as security for the performance of an obligation, unless and until such Person has acquired fee simple title pursuant to foreclosure or other proceedings. 11.33 "Person(s)" means any individual, partnership, corporation, trust, estate or other legal entity, including Grantor. 11.34 "Plat" means any subdivision plat covering any portion of the Property as recorded in the office of the Recorder of Ada County. Idaho, as the same may be amended by duly recorded amendments thereof. 11.35 "Proiect Documents" means the basic documents creating and governing the Property including but not limited to this Declaration, the Articles, Bylaws, Association Rules, the Architectural Design Guidelines and any other procedures, rules, regulations or policies adopted under such documents by the Association or the Committee. In the event of any conflict between this Declaration and any other of the Project Documents, this Declaration shall control. 11.36 "Property" has the meaning set forth in the recitals of this Declaration, as such term may be amended from time to time including, without limitation, pursuant to Sections 14.11 and 10.12. 11.37 "Repaular Assessment" means the portion of the cost of maintaining, improving, repairing, managing and operating the Common Area, including all Improvements located thereon, and the other costs and expenses incurred to conduct the business and affairs of the Association which is levied against the Lot of each Owner by the Association pursuant to the terms of this Declaration. 1 l .38 "Restrictions" has the meaning set forth in the recitals of this Declaration. 11.39 "Special Assessment" means that portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments which are authorized to be paid to the Association pursuant to the provisions of this Declaration. ARTICLE 12 MISCELLANEOUS 12.1 Term. The easements created hereunder shall be perpetual, subject only to extinguishment by the holders of such easements as provided by law. The covenants, conditions, restrictions and equitable servitudes of this Declaration shall run until December 31, 2049, unless amended as herein provided. After December 31, 2049, such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed by Members holding at least a majority of the voting power of the Association and such written instrument is recorded in the office of the Recorder of Ada County, Idaho. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 36 103307224.10065957-00001 12.2 Amendment. 12.2.1 By Owners. Except as provided in Sections 10.9 and 10.10. after the recordation of the first deed from Grantor for a Lot other than Common Area conveyed to the Association, any Amendment to any provision of this Declaration, other than to this Section 12.2, shall be by an instrument in writing signed and acknowledged by the president and secretary of the Association certifying and attesting that such Amendment has been approved by the vote or written consent of Members representing more than sixty-five percent (65%) of the total voting power in the Association, except where a greater percentage is required by express provision in this Declaration, and such Amendment shall be effective upon its recordation in the office of the Recorder of Ada County, Idaho. Any Amendment to this Section 12.2 and any Amendment imposing any additional restrictions on leasing or renting a Lot or any part thereof or discriminating against renters or lessees shall require the vote or written consent of Members holding ninety-five percent (95%) of the voting power of the Association. Any Amendment imposing any additional restrictions on leasing or renting a Lot or any part thereof or discriminating against renters or lessees shall also require the written consent of Grantor so long as Grantor owns any portion of the Property. 12.2.2 Effect of Amendment. Any Amendment of this Declaration approved in the manner specified above shall be binding on and effective as to all Owners and their respective properties notwithstanding that such Owners may not have voted for or consented to such Amendment. Such Amendments may add to and increase the covenants, conditions, restrictions and easements applicable to the Property but shall not prohibit or unreasonably interfere with the allowed uses of such Owner's property which existed prior to the said Amendment. 12.3 Notices. Any notices permitted or required to be delivered as provided in this Declaration shall be in writing and may be delivered either personally, by fax, electronic mail or by United States mail. If delivery is made by United States mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited in the United States mail, first class, postage prepaid, addressed to any Person at the address given by such Person to the Association for the purpose of service of such notice, or to the residence of such Person if no address has been given to the Association or to the address of such Person as contained in the Ada County tax assessor's rolls. Such address may be changed from time to time by notice in writing to the Association. 12.4 Enforcement and Non -Waiver. 12.4.1 Riaht of Enforcement. Except as otherwise provided herein, Grantor, the Association or any Owner shall have the right to enforce any or all of the provisions hereof against any property within the Property and against the Owners thereof. 12.4.2 Violations and Nuisances. The failure of any Owner of a Lot to comply with any provision hereof, or with any provision of the Project Documents, is hereby DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 37 103307224.10065957-00001 declared a nuisance and will give rise to a cause of action in Grantor, the Association or any Owner for recovery of damages or for negative or affirmative injunctive relief or both. 12.4.3 Violation of Law. Any violation of any federal, state or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within the Property is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement procedures set forth in this Declaration and any or all enforcement procedures in law and equity. 12.4.4 Remedies Cumulative. Each remedy provided herein is cumulative and not exclusive. 12.4.5 Non -Waiver. The failure to enforce any of the provisions herein at any time shall not constitute a waiver of the right to enforce any such provision. 12.5 Interpretation. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of the Property. This Declaration shall be construed and governed under the laws of the State of Idaho. 12.5.1 Restrictions Construed Together. All of the provisions hereof shall be liberally construed together to promote and effectuate the fundamental concepts of the development of the Property as set forth in the recitals of this Declaration. 12.5.2 Restrictions Severable. Notwithstanding the provisions of the foregoing Section 12.5.1, each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 12.5.3 Singular Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. 12.5.4 Captions. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. 12.5.5 Government Rules and Ordinances. In the event any of these Restrictions are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. These Restrictions are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of these Restrictions unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 38 103307224.10065957-00001 12.6 Successors and Assiens. All references herein to Grantor, the Association, Owners, Members or Persons shall be construed to include all successors, assigns, and authorized agents of such Grantor, Association, Owners, Members or Persons. 12.7 Owner's Acknowledgements. The following acknowledgments identify additional information currently known by Grantor about the Property which each Owner should consider when purchasing a Lot. Each Owner understands that these acknowledgments may not be a complete list of issues that an Owner may wish to consider prior to purchasing a Lot since Grantor cannot control future events and may not be aware of certain issues existing at this time, including without limitation, future development requirements of governmental organizations claiming jurisdiction over the Property, or how such requirements may impact the future development plans of the Property. Each Owner, by accepting a deed to any Lot, acknowledges and agrees to the following: 12.7.1 Irrigation Svstem. 12.7.1.1 Non -potable water supplied to the Property for irrigation of the Common Area and Lots will be supplied by the Association through an Irrigation System which will be owned, operated and maintained by the Association. The Association may promulgate rules and regulations, including water use schedules, controlling the allocation, distribution and flow of water among the various Lots. Grantor anticipates that the source of the irrigation water will be a canal owned or operated by Middleton Mill Ditch Company. As a result, the availability of irrigation water to each Lot will depend on, among other things, the presence of water in the canal. Each Owner acknowledges the obligation to pay assessments to Middleton Mill Ditch Company for such irrigation water, regardless of whether the Owner uses the irrigation water. [Modify if Owners will pay Irrigation Assessments to the HOA instead] It is the obligation of each Owner to determine, in accordance with the Project Documents, the amount of irrigation water needed to irrigate such Owner's Lot and to ensure that the grading and drainage pattern established on such Lot is adequate to drain irrigation water away from the residential dwelling Improvements located on such Lot. 12.7.1.2 Water from the Irrigation System is unfit for human consumption. It contains untreated surface water that may contain disease causing organisms and/or other contaminants. Surface water can also contain agricultural chemicals that can be hazardous to health. Drinking the water from the Irrigation System will likely result in sickness, and in some cases, death or permanent disability. It is each Owner's responsibility to ensure that all irrigation water faucets and risers are adequately marked and/or identified for each such Owner's safety. It is also each Owner's responsibility to ensure that no cross -connections between the Irrigation System and the potable water system were made by previous Owners. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 39 103307224.10065957-00001 12.7.1.3 Each Owner agrees to pay when due all Assessments levied by the Association for maintenance, repair and replacement of the Irrigation System and any and all Assessments or related charges levied by the Association for the administration and enforcement of the rules, regulations and use schedules. 12.7.2 Ongoing Development. Owner acknowledges that the development of the Property will occur over time and that construction activities will be present on the Property throughout the development process. No Owner shall object to, interfere with or otherwise impede the development of any remaining portion of the Property and that this acknowledgment and agreement is a material consideration to Grantor. 12.7.3 Due Diligence; Acceptance of Lots "As -Is". Owner acknowledges that the information contained in the Project Documents is not a complete or exhaustive collection of information about the Property or any Lot. Each prospective Owner must conduct a full and complete due diligence of the Property and any Lot therein to such prospective Owner's satisfaction. Owner accepts title to the Lot(s) after conducting all necessary inquiries and due diligence. Owner further takes the Lot(s) "As -Is, Where -Is." 12.7.4 No Warranties. Owner acknowledges that no warranties, express or implied, written or verbal, or understandings other than those expressly contained in any written document between Grantor and an Owner. Each Owner understands that these acknowledgments may not be a complete list of issues that an Owner may wish to consider prior to purchasing a Lot since Grantor cannot control future events and may not be aware of certain issues existing at this time, including but not limited to future development requirements of governmental or municipal organizations claiming jurisdiction over the Property or how such requirements may impact the future development plans of the Property. ( end of text; signature page follows ) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AMERICAN STAR SUBDIVISION - Page 40 103307224.10065957-00001 IN WITNESS WHEREOF, the undersigned, being the Grantor herein, sets its hand as of the date first written above. AMH DEVELOPMENT LLC, a Delaware limited liability company Name: Title: STATE OF ) ss. County of ) This record was acknowledged before me on , 2019, by , as of AMH DEVELOPMENT LLC. 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Sherwood 17700 SW Upper Boones Ferry Rd., Suite 100 Lake Oswego, OR 972247010 (503) 670-9300 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS FOR TURNBERRY SUBDIVISION MERIDIAN, ADA COUNTY, IDAHO Adopted: ,1998 A JUN01F0 j.0OI5E, IDAD 1999 AU 27 PM 4= 25 RECORDED-REOUE§ %)'!.� FEE '0E?UT 9$0821 9 TABLE OF CONTENTS Article LDefinitions 1'1 "Association ".......................... .................................. ........................................................................... 1 1.2"Building Site ................................................................................................................. ...................... 1 1.3 "Committee '......................................................................................................................................... � 1.4 "Common Property .................... .... ................................................................... -.......................... l 1.6 "Declarant" .......... 2 1.6 'Declaration "........................................................................................................................................ 2 1.7 Unir............................................................................ 2 1.8 "General Actions ofthe Association ^................................................................................................... 2 1'9 "Lof...................................................................................................................................................... 2 1.10 "Plat '.-..--------_.--''-'-------._--.----_-..._'--......_'-.._-__u 1.11 "Purchaser ._-_'.''.-_^^-^'__-_--_-'~.'''----_._-._-_-_-_-'-..-..-u 1,12 "Owner' ....... ........................................................................................................................................ 2 1.13 Other Dmfinitions.................................................................................................................................. 3 Article U~Annexation Of Additional Property 2.1 Annexation ......................................................................................................................................... 3 2.2 Procedures ......................................................................................................................................... 3 23 Activation ...................... . ...---'----.-'--~-_~._---_--._.---.__----_.0 Article Ill. Conditions and Restrictions omUses 3.1 Buildings Permitted., ............................................................ ................................ ............. 3 3.2 _-.._--''-'''---.''--^--.~^-^^^--.,'^~^-'..-_''____^» 3^3 Building Size ........................................................................................................................................ 3 8.4 Exterior Siding & Trim Materials .......................................................................................................... 3 3.5 Roofs-'-...--'-'-'''------'--''------~-^-..-'-'--''----'-''----''--. 4 3.0 Garages ............................................................................................................................................... 4 3.7 Exterior Colors .................. .................................................................................................................. * 3.8 Fencing and Hedges ............................................................................................................................ * 3.9 Animals ..................................................................................................................................... 4 3.10 Unlawful and Offensive Activities Prohibited ...................................... ^-......... ................................ 5 3.11 Business and Commercial Uses Limited ....................................................... ..................................... 5 3.12 Parking and Storage ofCertain Motor Vehicles Prohibited ................................................... ............. O 3.13 goats and Boat Trailers ....................................................................................................................... * 3.14 Campers, Recreational Vehicles and Travel Trailers ................. ........................................................ 6 3.15 Freight Trailers, Etc ---_-..~_._..-----__-_____^^^,_._'..^..^.^_.__^__..__/ 3.16 Antennas and Similar Devices ............................................................................................................. 7 3.17 Underground Distribution ofServices Required ................ ................................................................. 3.18 Recreational Equipment, Facilities and Structures ................................................... .......................... 7 3.19 Maintenance oyLots and Adjacent Improvements .............................................................................. / 3.20 Temporary Structures .......................................................................................................................... 8 3.21 Setback, Maximum Height and Minimum Yard Requirements ............................................................ 8 3.22 Landscaping and Decks ........ ^................ ...... .................................................................................... u 3.23 .'--'-^'^--^-` ''---'--'--'--^''--'--''--''---'---'''-''---� 324 Leasing and Rental ofDwelling Units ................................................................................................ 1O 3.25 Easements -''------...-._----._''--__--_--'--'_---'_._-_----1O 3,26 Mailboxes ........................................................................................................................................... 1O 1O 32T VVater, VVah�R�hba.----.--'_'__'__-----_______,__`.-___^_,_______. 328 Maintenance ofIrrigation Pipe o,Ditch ............................................................................. 1O Article IV. Architectural Review and Control 4.1 Improvements Defined ............... ....................................................................................................... 11 4.2 Committee Approval Required...........................................................................................................12 4.3 Procedure .......................................................................................................................................12 4.4 Committee Created; Membership; Appointment and Removal.........................................................12 4.5 Liability.............................................................................................................................................13 4.6 Actions of the Committee.. ................................................................................................................. 13 4.7 Committee Discretion.........................................................................................................................13 4.8 Non -waiver ................................................................................... ......................................................13 4.9 Effective Period of Approval or Consent ............................................................................................ 13 4.10 Applicability to Declarant....................................................................................................................14 9.11 Article V. Tumborry Subdivision Homeowners Association, Inc. 5.1 Organization of Tumberry Homeowners Association, Inc.................................................................14 5.2 Successor Association.......................................................................................................................14 5.3 Powers, Duties and Obligations of Association Generally.................................................................14 5.4 Specific Powers, Duties and Obligations.................................................................................:.._......14 5.5 Membership .......................................................................................................................................14 5.6 Transfer of Membership.....................................................................................................................14 5.7 Voting.................................................................................................................................................15 5.8 Board of Directors..............................................................................................................................15 5.9 Liability...............................................................................................................................................15 5.10 Interim Board.....................................................................................................................................15 5.11 "Turnover" .........................................................................................................................................15 5.12 Rules and Regulations.......................................................................................................................16 Article VI. Assessments and Liens of Assessments 6.1 Assessment of Owners and Lots.......................................................................................................17 6.2 Assessment of Declarant...................................................................................................................17 6.3 Payment and Collection of Assessments..........................................................................................17 6.4 Basis for Assessments.......................................................................................................................17 6.5 Notice of Assessments......................................................................................................................18 6.6 Creation of Lien and Personal Obligation of Assessments......................................................_........18 Article VII. Remedies 7.1 Non -conforming Improvements; Violation of General Protective Covenants....................................18 7.2 Failure to Pay Assessments; Lien; Enforcement of Lien...................................................................19 7.3 Other Remedies.................................................................................................................................20 7.4 Notification of Lienholders.................................................................................................................20 7.5 Attorneys' Fees and Costs.................................................................................................................20 Article Vlll. Property Rights 8.1 Members' Easements of Enjoyment to Common Area......................................................................20 8.2 Reciprocal Easement.........................................................................................................................21 Article IAC. Miscellaneous Covenants 9.1 Invalidity; Gender; Captions...............................................................................................................21 9.2 Amendment........................................................................................................................................21 9.3 Regulatory Amendments........................................................................................ .......................22 9.4 Duration..............................................................................................................................................22 9.5 Joint Owners......................................................................................................................................22 9.6 Lessees and OtherInvitees ...............................................................................................................22 9.7 Nonwaiver.........................................................................................................................................22 9.8 Notice of Sale, Mortgage, Rental of Lease........................................................................................22 9.9 Notices and Other Documents...........................................................................................................23 9.10 Addresses..........................................................................................................................................23 9.11 Change of Address............................................................................................................................23 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TURNBERRY SUBDIVISION NO. 1 THIS DECLARATION is made this _ day of 1998, by BENCHMARK LAND COMPANY— MERIDIAN (QUENZER), L.L.G., an Oregon limited liability company ("Declarant). WHEREAS, Declarant is the record owner of that certain real property in the County of Ada, and State of Idaho (the "Property"), more particulariy described at "Exhibit A' annexed hereto and by this reference incorporated herein. The Property is or will be lawfully subdivided Into a total of sixty-one (61) individual, buildable lots and seven individual, non -buildable lots, togetherwith certain other easements, rights-of-way, streets and other improvements more particularly described and defined by the recorded plat to be called "Tumberry Subdivision No. V and WHEREAS, the land comprising the Property is part of a larger parcel of land which it is the intention of the Declarant to develop in the future in one or more phases as a residential community or neighborhood which will be commonly known as "Turnberry Subdivision", and WHEREAS, it is the purpose of this Declaration to subject the Property and all portions thereof, and those portions dedicated to the public by virtue of recording of the Plat or otherwise, to the conditions, covenants, restrictions, reservations and easements herein set forth or described for the purpose of enhancing and protecting the value, livability and aesthetic quality of the residential development which will be constructed and occupied on the Property and the land which may be eventually included in future phases of the Tumberry Subdivision community above-mentioned; and WHEREAS, this Declaration and the conditions, covenants, restrictions, reservations and easements herein set forth and/or described shall, and do hereby, constitute covenants to run with the land comprising the Property and shall be and remain binding upon and inure to the benefit of all present and future owners of the Property and each individual lot, parcel and tract created by subdivision thereof as aforesaid, NOW THEREFORE, BENCHMARK LAND COMPANY — MERIDIAN (QUENZER), L.L.G., does hereby declare the Property subject to the following: COVENANTS, CONDITIONS AND RESTRICTIONS ARTICLE 1. Definitions As used in this Declaration the following words or terms shall have the following meanings: i.1 "Association" means and refers to the Tumberry Subdivision Homeowners Association, Inc. formed and administered as, and for the purposes, described in Article V of this Declaration_ 1.2 "Buildlnq Site" means and refers to a Lot, or to any tract or parcel within the boundaries of the Property in Drivate ownershlo which consists of a portion of a Lot. or contiguous portions of two or more Lois, when and if a building is constructed thereon. 1.3 "Committee" means and refers to the Architectural Review & Control Committee formed and' administered as and for the purposes described in Article IV of this Declaration. 1.4 "Common Prooertv" means and refers to: a. Any real property or interest in real property within the Property which Is owned or leased by the Association or owned as tenants in common by the Owners, or designated in this Declaration for transfer to, or acquisition by, the Association; b, Seven (7) non -buildable lots indicated as Lot 1, Block 1; Lot 1, Block 2; Lot 1, Block 3., Lots 5 and 11, Block 5; Lots 2 and 9, Block 6, Tumberry Subdivision No. 1, Ada County, Idaho. c. All lands lying within any public right of way within or contiguous with the boundaries of the Property, which it is now, or at any time hereafter becomes, the responsibility of the Association to manage, care for or maintain for the benefit of the public or members of the Association, or both; and TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 1 of 24 d. All lands lying within or outside the boundaries of the Property or of any Lot or Lots now existing or hereafter created within the Property which, by virtue of the terms and provisions of this Declaration or otherwise, the Association Is, or may become, responsible to manage, care for or maintain_ The lands subject of the foregoing sentence shall include, but are not limited to, any parcel or parcels of land and facilities situated within or outside the boundaries of the Property committed to use for treatment, retention, Infiltration or conveyance of storm or surface water accumulated or originating an the Property or any portions thereof which it Is or becomes the obligation of the Association to manage, care for and/or maintain. e. "Common Property" also means personal property, tangible and intangible, of any description including, without limitation, funds, contract rights, stocks, bonds, investment receipts, securities, security interests, collateral, claims, causes of action or suit, and generally any and all interests in property other than real property, whether cognizable at law or in equity, now owned or at anytime hereafter acquired by or vested in the Assoclation or In the owners collectively or as tenants in common. 1.5 "Declarant" means the Declarant named above and its successors and assigns if such successors or assigns acquire all of Declarant's rights under this Declaration pursuant to a recorded Instrument executed by Declarant. 1.6 `Declaration" means this Declaration of Covenants, Conditions And Restrictions For Turnberry Subdivision No. 1, and each and all of the terms and provisions herein contained as of the date the same is duty recorded in the official records of Ada County, Idaho, as the same may be modified, amended, supplemented or otherwise revised in accordance with the terms and provisions hereof and/or by recordation of any declaration by which additional lands or premises may be annexed to the Property subject hereof as contemplated and provided for at Article II below set forth. 1.7 "Dwell€nq Unit" means and refers to any building or structure located on a Building Site constructed, used, or adaptable for use, for occupancy as a residential dwelling under applicable zoning and building laws and restrictions, including, without limitation, any structure or building commonly referred to as a "single family detached" residence or home. 1.8 "General Actions of the Association" means and refers to any action on the part of the Association, duly effected by vote of no less than the Owners of two-thirds of all Lots now or hereafter subject of this Declaration, which allows, authorizes or conditions, and/or restricts, limits or prohlbits, any use, condition or activity affecting or within 'the Property and which applies to all Lots then subject of this Declaration, 1.9 "Lot" means and refers to any individually platted tract of land shown by any recorded subdivision plat or map of the Property and to any portion of the Property in private (as distinguished from public) ownership consisting of a portion of one or more Lots and/or contiguous portions of two or more Lots, upon which a single Dwelling Unit has been constructed or exists. 1.10 "Plat" mean the final plat entitled "Tumberry Subdivision No. 1" LOCATED IN THE NORTHEAST'/4 OF THE SOUTHEAST 1/4 OF sECTEON 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, OFTHE BOISE MERIDIAN, ADA COUNTY, IDAHO raccrded 'M the ofid€al redcrds cf Ada, Stats of'dahc, as Shown a1y Vcok L4= Pl is t Pages records of Ada County, Idaho. 1.11 "Purchaser" means the person(s) or party(les) to whom a Lot Is first conveyed by the Declarant. 1.12 "owner" means the person(s) or party(€es), including Declarant and any Purchaser, owning beneficial title to any Lot (Including the holder(s) of a vendee's interest under a land sale contract), but does not include a tenant or the holder of a leasehold interest or any party holding only a security interest in a Lot (including the holder of a vendor's interest under a land sale contract). The rights, entitlements and obligations granted to or imposed upon an Owner by virtue of the terms and provisions of this Declaration commence to exist upon acquisition of record title to any Lot by any means, voluntary or involuntary, and terminate upon transfer or conveyance of such record title by any means, voluntary or involuntary. Transfer or conveyance of title or any beneficial interest in a Lot shall not operate to discharge or release the transferor(s) from any obligation incurred as an owner prior to record transfer or conveyance of such title or beneficial interest. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 2 of 24 1.13 Other Definitions Other or additional words or terms which are Initially capitalized and enclosed in quotation marks the first time they appear in the text of this Declaration shall have the meaning ascribed thereto by the terms or context In which they first appear. ARTICLE 11. Annexation Of Additional Progertv 2.1 Annexation: Declarant may, from time to time, and at its sole discretion, annex to the Property subject of this Declaration any adjacent property and/or future phases of the development now or hereafter owned or acquired by it, and may also from time to time, and in its sole discretion, permit other owners of land adjacent to, contiguous with, or In the vicinity of, the Property to annex some or all of such land owned by them to the Property subject of this Declaration. 2.2 Procedures: Annexation of such land shall be accomplished by recording a declaration executed by, or bearing evidence of the approval of, Declarant, which shall: (1) describe the property to be annexed, (H) establish any additional or different limitations, restrictions, covenants and conditions intended to pertain exclusively to all or any portion the land annexed thereby, and (ill) declare that such property is held and will be held, conveyed, hypothecated, encumbered, used, occupied and Improved subject to the terms and provisions of this Declaration as modified, amended ar supplemented by any such additional or different limitations, restrictions, covenants and conditions. 2.3 Activation. Upon recording of such declaratlon(s), the lands therein described shall become a part of the Property for purposes of the terms and provisions of this Declaration. ARTICLE III. Conditions and Restrictions on Uses 3.1 Buildings Permitted: No building or structure shall be created, constructed, maintained or permitted upon the Property except upon a Building Site, and no building or structure shall be erected, constructed, maintained or permitted on a Building Site other than a single family detached Dwelling Unit, except that appurtenances to any Dwelling Unit, such as private garages, garden houses or similar structures, architecturally in harmony therewith, and of permanent construction, may be erected within the building limits hereinafter set forth. No "manufactured dwelling," "manufactured home" or "mobile home" shall be installed or allowed to remain on any Building Site except as a temporary shelter or office facility for use by persons engaged in construction of one or more Dwelling Units on the property during the course of actual construction thereof, or as a temporary sales office for use of Purchasers, or real estate licensees representing Purchasers, engaged in marketing of new and unused Dwelling Units constructed or under construction elsewhere on the Property. 3.2 Completion of Construction: The construction of any Dwelling Unit, Including painting and all exterior finish, shall be completed within nine calendar months from the beginning of construction so as to present a finished appearance when viewed from any angle. In the event of undue hardship due to extraordinary weather conditions, the Committee shall extend the time for completion of construction stated immediately above for a reasonable period of time upon written request of the party or parties otherwise responsible for, or enoaaed In, completing such construction. Bu€ldina Sites and streets shall be kept reasonably clean and In workmanlike order during construction of Dwelling Units and related improvements thereon and the Owner of each Lot shall be responsible for any and all damages to curbs, streets and utilities occasioned by activities associated with construction of any Dwelling Unit or other improvements on such Owner's Lot(s). No less than sixteen feet of clear width for vehicular travel on all abutting streets must be maintained to provide access for emergency service vehicles at all times during construction or installation of any improvements an any Lot 3.3 Buildina Size: No single story Dwelling Unit may be erected on a Building Site unless it contains a minimum of 1,500 square feet of enclosed heated floor area intended for residential occupancy and use, exclusive of unfinished attic spaces and crawl spaces, open porches, garages, garden houses and other free standing appurtenant structures. In the case of a Dwelling Unit having more than one living level, the combined square footage of enclosed heated floor area on all living levels combined shall not be less than 1,700 square feet sunless approved by the Committee. 3.4 Exterior Siding & Trim Materials:, Exterior siding and trim materials utilized on Dwelling Units shall be TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICT IONS Page 3 of 24 of cedar, redwood, cementlUous [ap siding sized, shaped and textured to resemble natural wood, stucco, synthetic stucco or plaster (Drivit® or equal), river rock, masonry, masonry veneer and combinations of such materials as may be approved by the Committee as provided for in Article IV below. Other siding materials will be permitted only if specifically authorized in writing by, and in the sole discretion of, the Committee. However, vertical grooved (7-11-1 V type) and other forms of panelized siding materials are not permitted. 3.5 Hoofs: Roofing material must be of wood shake, wood shingle, concrete tile, ceramic tile, or a minimum thirty year architectural -grade composition shingle. Except for roofs of wood shake or wood shingle, the dominant roofing color shall be black or dark gray unless otherwise approved by the Committee. All flashing must be painted. The roof shall have a minimum of a six/twelve (6112) slope. 3.6 Gars fm Each Dwelling Unit shall incorporate an integral or attached garage designed to enclose a minimum of two, and a maximum of three, automobiles, unless otherwise approved by the Committee, Carports are not permitted 3.7 Exterior Colors: All colors and color schemes which will be applied to the exterior of any Dwelling Unit or other improvements constructed on a Building Site must be approved in advance by the Committee. No combination of exterior siding and trim coloration of a Dwelling Unit may be repeated on any other Dwelling Unit within the Property without advance written approval of the Committee. In granting or denying such approval, the Committee's determinations with respect to both the aesthefic desirability of the proposed color scheme and the proximity of other Dwelling Units which exhibit color schemes the same or substantially similar to the color scheme proposed for approval shall be final and conclusive for all purposes. 3.8 Fencino and Hedaes: As used herein, "fencing" or "fences' means any barrier or wall constructed or located anywhere on the Property consisting primarily of materials other than living plants. a. Subdivision Perimeter Fences. Declarant shall construct a perimeter fence exterior of this subdivision property in such locations as required by the conditions of approval of the City of Meridian (except for entrance or exit or where omitting such fencing is permitted by the local governmental agencies). After Declarant has transferred title to any Lot which contains a portion of this perimeter fence it shall be the responsibility of the Purchaser or Owner of the Lot to maintain, repair and/or replace the fence as needed; repairs and/or replacement shall be performed so as to keep the perimeter fencing uniform, attractive and harmonious. b. Other Owner Fences. Sight obscuring plantings such as hedges, and fences, shall not exceed three feet in height in the front yard areas between any location less than six feet behind the front wall plane of the Dwelling Unit furthest from the street and the street; or less than five feet from the property line in side yards facing a street on any comer Lot. Unless greater height is expressly approved by the Committee, the maximum height of site obscuring plantings and/or fences located elsewhere on any Lot is six feet and must otherwise comply with any applicable ordinances. Trellises located on or immediately adjacent to, and parallel With, the exterior walls of a building are not subject to these limitations. c. Fence Material. Unless otherwise approved In writing by the Committee, fences shall be constructed of brick, natural stone and/or wood constructed in "good neighbor" style with wood cap. Wooden components of fences must be sealed with a clear wood finish or stain in harmony with Dwelling Units located nearby and shall not be permitted to "weather" excessively. Entry monumentation and fencing installed by or for the Declarant Is not subject to the requirements of this section. 3.9 Animals: No insects, mammals, reptiles, amphibians, fish or birds of any kind shall be raised, bred or kept on any part of the Property, except a reasonable number of common household pets may be kept or boarded on any Lot so long as such pet(s) are reasonably controlled so as not to constitute any nuisance or inconvenience to Owners and other residents of the Property. Provided, however_ a. No pet may be kept, boarded, bred or maintained on any Lot or elsewhere on the Property for commercial purposes nor may any pet of a kind which is customarily kept, housed, caged or penned outdoors be kept or boarded on any Lot (e.g., horses, ponies, pigeons, chickens, ducks, geese, swine, etc.). TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 4 of 24 b. No pet shall allowed by the owner or custodian thereof run at large on the Property or to enter upon any Lot not owned by such owner, or occupied by such custodian, without the express permission of the Owner or resident(s) of such Lot. Whenever any pet is on the Property outside of the boundaries of the Lot which its owner or custodian resides upon or regularly occupies, such pet shall be caged, leashed, tethered or otherwise physically restrained under the direct and immediate control of its owner or custodian at all times. c, All and any damage, inconvenience or unpleasantness occasioned by the keeping or behavior of any pet shall be the responsibility of owner(s) and/or custodlan(s) thereof. The owner or custodian of a pet is, at all times, responsible to immediately remove and properly dispose of wastes eliminated by such pet anywhere on the Property where the same may be objectionable to other Owners and residents thereof. d. The Association may levy fines in the event of violation of any of the foregoing provisions of this section and any losses, damages or expenses suffered or incurred by any person due to the keeping or behavior of any pet on the Property, shall be recoverable by such person from the Owner(s) of any Lot upon which such pet is present or kept with the knowledge or consent of such Owner(s) or usual residents of such Lot e. Owners or resident(s) shall comply with all applicable City of Meridian ordinances relating to animals, Including but not limited to the maximum number of dogs and cats allowed on the Property. 3.10 Unlawful and Offensive Activities Prohibited. a. No unlawful or offensive activities shall be permitted or carried upon any Lot or elsewhere on the Property by any Purchaser or Owner of any Lot, or by any resident or other person(s) present on the Property at the invitat€on or sufferance of any such Purchaser or Owner. b. Nothing shall be done or placed on any Lot or elsewhere on the Property by the Purchaser or Owner of any Lot, or by any resident or other person(s) present on the Property at the invitation or sufferance of such Purchaser or Owner, which constitutes a nuisance or which otherwise unreasonably interferes with or jeopardizes the use or enjoyment of any other Lot or any portion thereof, or which is a source of persistent annoyance to other Owners or residents of the Property. c. No noxious or offensive odors shall be permitted to emanate from a Lot to other Lots and no noises or sounds which are unreasonably offensive or bothersome due to the nature or volume thereof and/or the time(s) they occur may be permitted to emanate from any Lot d. Any tosses, damages or expenses suffered or incurred by any person due to violation of any of the foregoing provisions of this section shall be recoverable by such person from the Owner(s) of the Lot who committed such violation(s) or by whom the person(s) who committed such vlolation(s) were invited, or suffered, to reside upon or be presenton the Property at the time such violation(s) shall have occurred. The Association may levy fines on such Owner(s) for violation of such provisions. 3.11 Business and Commercial Uses Limited. Except in conformity with General Actions of the Association, and subject always to all applicable governmental ordinances, agreements and land use approvals applicable to the Property, no trade, craft, business, profession, commercial or similar activity of any kind shall be conducted an any Lot (including, without limitation, operation of a day care facility), nor shall any goods, equ€pment, business or commercial vehicles obviously identifiable as such, or materials or supplies used in connection with any trade, service or business be kept or stored on any Lot However, this section does not restrict or prohibit any of the following described actions or activities: a. Activities relating to the sale of Lots or the rental or sale of Dwelling Units. b. Construction, reconstruction, repair or maintenance of Dwelling Units or other improvements on any Lot or the storage or use construction materials and equipment on such Lots in the normal course of such activities otherwise conforming with the other provisions of this Declaration. c. Keeping and maintaining any business-related or professional personal library, keeping and TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 5 of 24 maintaining personal, business or professional records or accounts; engaging In personal, business or professional telephone calls or other correspondence; communicating or conducting financial, professional, business or commercial transactions by computer, facsimile or other electronic devices not requiring outdoor antennas or receiving or transmission devices, and/or meeting and conferring with business or professional associates, clients or customers, provided such activities are conducted entirely within the confines of a Dwelling Emit located on such Lot and such activities do not impair access to other Lots or use of on -street parking space abutting any other Lot. d. Parking or storage of a business or commercial vehicle obviously identifiable as such entirely within an enclosed garage located on such Lot. 3.12 Park€no and Storage of Certain Motor Vehicles Prohibited, No motor vehicle in an obvious state of disrepair shall be placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway or sidewalk within or abutting the Property. Owners and residents of Lots shall refrain from utilizing street parking areas for purposes of parking their vehicles, regardless of condition, whenever possible - street parking areas are provided primarily for purposes of providing space for parking by guests and invitees of Property residents. a. A motor vehicle shall be deemed to be in an obvious state of disrepair if and when the Committee reasonably determines that its appearance or condition is offensive to the Owner(s) or the occupants of Lots in the immediate vicinity thereof or otherwise detrimental to the aesthetic appeal or physical appearance of the neighborhood or vicinity in which it is located. b. Should the registered owner of any such vehicle, or the Owner(s) of the Lot upon which such a vehicle Is located, fail to remove, or cause removal of, the same within five (5) days following the date notice to remove it is mailed to such owner or Owner(s) by or on behalf of the Committee, the Committee may have such vehicle removed from the Property and charge the expense of such removal and any resulting storage of such vehicle, to such registered owner andlor the Owner(s) of such Lot. 3.13 Boats and Boat Trailers. Subject to the exceptions contained in subparagraphs a„ and b., immediately below, and except in conformity with General Actions of the Association, no boat or other watercraft, or trailer or other separate conveyance designed or used for purposes of transportation of any boat or watercraft, shall be placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway or sidewalk within the Property. a. One boat or other watercraft may be temporarily placed or parked out of doors on a Lot as far as practicable from adjoining streets for a period not in excess of forty eight hours for the purposes of enabling the Owner or a permanent resident of said Lot to load or unload, or to maintain, repair, clean andlor otherwise prepare such boat or watercraft for use or storage following the end of such period. b. One or more boats or Other watercraft, or one or more such trailers or other conveyances whether or not loaded, may be parked or stored on any Lot for more than 48 -hours if located in an enclosed conventional and attached garage or screened behind a six foot privacy fence which completely screens such boat or other watercraft from any public street. 3.14 Camuers, Recreational Vehicles and Travel Trailers. Subject to the exceptions contained in subparagraphs a., and b., immediately below, and except in conformity with General Actions of the Association, no motor vehicle accessories in the nature of camper tops, camper smells or truck bed units, no self-propelled recreational vehicles or "motor homes", and no "fifth wheel" or other types of camping or travel trailers shall be placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway or sidewalk within the Property. a. One such camper accessory, recreational vehicle or motor home, fifth wheel, camping or travel trailer may be temporarily located or parked on a Lot as far as practicable from adjoining streets for a period not in excess of 413 -hours for purposes of enabling the Owner or a permanent resident of said Lot to load or unload, or to maintain, repair, clean and/or otherwise prepare such camper or vehicle for use or storage away from the Property following the end of such period. Except as provided below, no such camper or vehicle shall TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 6 of 24 be used for living accommodations while parked on the Property. b. One such camper accessory, recreational vehicle or motor home, fifth wheel, camping or travel trailer may be located or parked on a Lot for more than forty eight hours if located in an enclosed conventional and attached garage or located behind a six foot high privacy fence which screens such camper or vehicle from any public street. c. One recreational vehicle or motor home, fifth wheel, camping or travel trailer may be parked in the driveway of any Lot as far as practicable from adjoining streets and sidewalks for a period not In excess of three consecutive days for purposes of providing living accommodations for guests of the Owner(s) or residents of the Dwelling Unit located thereon. However, no such use shall reoccur sooner than thirty days after the end of the last period during which such use occurred. 3.15 1=reloht Trailers. Etc, No freight trailer or other wheeled vehicle designed for towing by any motor vehicle and for the purpose of transporting cargo, freight, equipment, or commodities of any kind, or for displaying signs, or other advertising, shall be placed, parked or permitted to remain outside of an enclosed conventional attached garage or other permitted permanent structure located on any Lot, on any public or private street or roadway, driveway, or sidewalk within the Property. However, such a freight trailer or other vehicle may be placed or parked anywhere on the Property (except in such a manner as to interfere with, impede or otherwise endanger the safety of vehicular or pedestrian traffic over public rights of way or other areas provided for purposes of vehicular or pedestrian traffic) for the sale and exclusive purpose of being loaded or discharged in connection with, or for purposes of, delivering to or removing from any Dwelling Unit or Lot any furniture, furnishings, goods, merchandise, construction materials or other property for the use or benefit, or at the request, of any Owner or occupant thereof, or for the purposes of the construction, repair or maintenance of improvements to such Dwelling Unit or Lot, but only for so long as may reasonably be required for the purpose of such loading, unloading, construction, repair or maintenance. 3.16 Antennas and Similar Devices. Except in conformity with General Actions of the Association, no antenna, aerial, satellite dish or other device or structure designed for, or used in connection with the transmission or reception of radio, television or other electromagnetic signals, telecommunications or data of any description shall be permitted on the roof of any Dwelling Unit or elsewhere on any Lot in plain view from any public street or sidewalk within the Property. Any such device or structure installed In conformity with the provisions of the foregoing sentence which is otherwise unsightly or unreasonably offensive when viewed from any adjoining Lot(s) shall be screened from view from such adjoining Lot(s) in a manner or by such means as may be reasonably determined by the Committee. 3.17 Underground Distribution of Services Reauired. Subject to conflicting provisions of any easements, covenants or restrictions of record prior to the date of recording of this Declaration, all utilities and services shall be provided to Dwelling Units and other structures by means of underground pipes, conduits or conductors. No outdoor, overhead wire or service drop for the distribution of electricity or for telecommunication purposes, nor any pole, tower, or any other supporting structure(s) associated therewith, shall be erected or maintained on any Lot. 3.18 Recreational Eauinment, f=acilities and Structures. Except in conformity with General Actions of the Association, no playground, athletic or recreational equipment, facilities or structures, including without limitation, basketball backboards, hoops and related supporting structures, shall permitted, installed or utilized on any Lot in plain view from any public street or sidewalk within the Property. 3.19 Maintenance of Lots and Adiacent Improvements. The Owner of each Lot shall maintain all improvements located on said Lot in a clean and attractive condition, in good condition and repair and in such fashion as not to create a fire or other unreasonable risks of damage, loss or hazard. Such maintenance shall include, without limitation, painting, repair, replacement and care for roofs, gutters, downspouts, exterior building surfaces, driveways, walks and other exterior improvements (including landscaping of yards and planter strips along streets abutting such Lot) and glass surfaces. a. Damages suffered by Lots and/or improvements located thereon caused by fire, flood, storm, TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 7 of 24 earthquake, riot, vandalism, or any other cause shall be the responsibility of the Owner to repair or restore to undamaged condition within the time reasonably and objectively necessary in order to effect such repairs or restoration following damage. b. Each Owner shall likewise be responsible to repair damage from, and to maintain such Owners Lot and all sidewalks, aprons, parkways and street landscaping located upon or immediately adjacent thereto free of unsightly, unreasonably excessive, or unsafe accumulations of refuse, debris, water, ice, snow and the like. e. Purchasers and/or Owners shall plant, replace, prune and maintain street trees and landscaping as required by the Declarant, applicable General Actions of the Association and/or Committee policies or guidel€nes. When planted, the proposed street trees shall be a minimum of 2" In caliper and planted In accordance with the Tumberry Subdivision Landscape Plan included in Exhibit V. The street trees shall be Installed and in a healthy condition within 30 (thirty) days of the sale or transfer of a dwelling unit by the Purchasers to subsequent owners. 3.20 Temoorary Structures. No structure of a temporary character, trailer, excavation, tent, shack, garage, bam or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or permanently. Persons engaged in the construction, reconstruction, repair or remodeling of improvements on a Lot may place or erect temporary or portable sheds or other temporary structures on a Lot to serve as a field office or shop facility, and/or to store or house tools, equipment or building materials in connection with such activities on such Lot and/or other Lots in the immediate vicinity. Such sheds and/or structures shall be maintained in good order, condition and appearance and must removed no later than the date the work undertaken by such persons on such Lot is completed or is discontinued or interrupted for a period in excess of fourteen days. 3.21 Setback, Maximum Heioht and Minimum Yard Reouirements. Each Lot shall be subject to: (i) all setback, maximum height and minimum yard requirements shown on the Plat and/or established by any public authority or agency having jurisdiction thereof and (ii) any land use review procedures established by any public authority or agency having or acquiring the power to establish, review or grant variances from any such requirements. 3.22 Landscaoina and Decks. a. Unless weather or other conditions will unreasonably interfere with, prevent, or imperil the results of such efforts; landscaping and planting of all areas of all Lots in plain view of adjacent streets, sidewalks and other Lots shall be completed to the reasonable satisfaction of the Committee or In accordance with applicable General Actions of the Association, if any, within six calendar months following the date on which construction of any Dwelling Unit on such Lots is substantially completed. b. Asphalt and artificial turf is not permitted for the purpose of surfacing driveways, sidewalks or other walkways, or as ground cover, on any Lot Professionally installed, enclosed, "sport courts." tennis courts and similar improvements otherwise conforming to this Declaration are not subject to this prohibition. c. Retaining walls constructed with, orwhich Include, railroad ties are prohibited unless the railroad ties are fully and permanently concealed from view from any angle. d. Yard or landscape ornaments such as concrete, fiberglass or plastic animals or birds, fountains, bird baths, sculptures or figurines which are visible from adjacent streets or sidewalks are not permitted. However, architectural elements or details such as fountains or sculpture incorporated In the structure of a Dwelling Unit, permanent landscape rockery or retalning walls the design and appearance of which has been approved by the Committee including such elements are permitted. e. Use of rock, gravel or bark for purposes of ground cover in yard areas visible from adjacent streets or sidewalks is prohibited except in beds planted with evergreen shrubs. Plastic, fabric and other materials in the nature of silt fencing installed on the surface of the ground in landscaped areas or elsewhere on any Lot shall be concealed from view at all times by rock, gravel or bark ground cover installed and TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTiONS Page 8 of 24 maintained in conformity with the foregoing sentence. f. Silt fences, hay bales and other materials commonly utilized for, or which function for purposes of temporary control of erosion and/or stabilization of soils shall be removed, or replaced by permanent improvements approved by the Committee as soon as practicable and in no event later than the time landscaping is required to be completed in accordance with subparagraph a., of this section 3.22. g. Upon request of the Committee, unsightly or dying plants, trees, shrubs and/or lawns must be removed and replaced by the Owner of the Lot on which they are located unless measures are undertaken and completed to restore their appearance or restore them to a healthy and attractive condition. h. Noxious or poisonous plants of any description are prohibited everywhere on the property unless continuously confined to the interior of a Dwelling Unit i. Ponds, pools and/or other areas which contain or accumulate standing waterwhich result in the presence of mosquitoes and/or other undesirable pests, or which may constitute an attractive nuisance, are prohibited. j. Excessive infestations by weeds in landscaped areas andlor lawns of any Lot in plain view of public streets or pedestrian walkways, or from less than 6 -feet above ground level on any adjoining Lots, must be removed by or at the expense of the Owner or occupant(s) of such Lot k, Unless the same has been determined to be diseased beyond cure, dead or dying by a licensed arborist or such removal is required by this Declaration or governmental regulation, order or ordinance, no tree with a trunk diameter of six inches or more at the base may be removed from any Lot without the prior written approval of the Committee. Such approval may be conditioned on replacement of such tree with a tree of such type and size, and within such time frame, as the Committee may reasonably determine. 1. Hedges, shrubs, bushes, trees and other landscaping elements, fences, walls or other barriers which in any way interfere with the ability of motorists, cyclists or pedestrians using streets or sidewalks abutting or in the immediate vicinity of any Lot to readily observe and safely respond or react to the presence of traffic controls, other vehicles, bicycles or pedestrians on or entering the street or sidewalks from intersecting streets, driveways or other locations, are prohibited and shall be removed or altered to eliminate such interference(s) by or at the expense of the purchaser or Owner of the Lot on which they are situated. m. Hedges, shrubs, bushes, trees and other landscaping elements present on any Lot which hereafter develop or grow to an extent which the Committee determines unreasonably impairs or eliminates an objectively significant and desirable view or outlook otherwise available from or In the immediate vicinity of any Dwelling Unit situated on any other Lot, shall be trimmed or pruned, or if necessary removed, by or at the expense of the Owner of the Lot upon which such hedges, bushes, trees or other landscaping elements are present to the extent necessary to restore and preserve such view or outlook. n. Landscaping plans submitted for approval by the Committee shall describe or depict adequate drainage of areas to be landscaped In accordance with such plans. Surface and storm water must be directed away from buildings located on a Lot and may not be allowed to pond on such Lot Water may flow from an uphill Lot to a downhill Lot provided no diversion orchanneling results in increase or concentration of surface water flow on downhill properties. Every purchaser and Owner shall be and remain responsible for providing and maintaining surface water flows from their Lot in accordance with the drainage patterns which existed prior to construction of any Dwelling Unit and/or other improvements on, above and below the finished grade and contours of such Lot. o. Exterior foundation surfaces, piers and exterior supporting structures for decks or similar structures extending more than twelve inches above finish grade must be sacked, sided or otherwise covered or screened from view and painted or stained to be compatible with adjacent exterior surfaces. 3.23 Sians. No signs of any kind shall be displayed to public view on any Lot unless approved by the Committee, The Committee shall develop one or more guidelines pertaining to signs advertising the availability of Lots and Dwelling Units constructed, or to be constructed on Lots for purchase, and in the TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 9 of 24 case of Dwelling Units, for rent or for lease. Such guidelines may be amended from time -to -time at the sole discretion of the Committee. 3.24 Leasing and Rental of Dwelling Units. No Owner may lease or rent a Dwelling Unit or any portion thereof for a period of less than thirty days. a. All leases or rentals of Dwelling Units shall be made subject of a written lease or tenancy agreement Such leases or tenancy agreements shall provide that the terms thereof are subject in all respects to the provisions of this Declaration, the Bylaws of the Association and all rules and regulations duly adopted thereunder and complete copies of this Declaration, any such Bylaws, rules and regulations shall be provided by the Owner(s) of any Dwelling Units so leased or rented to the tenants or lessees upon commencement of their tenancy. Such leases or tenancy agreements shall further provide that any failure by the lessee or tenant to comply with the terms of this Declaration, said Bylaws and said rules and regulations may constitute cause for premature termination of the tenancy created thereby. b. if the Board of Directors of the Association or the Committee determines that a lessee or tenant has violated any provisions of this Declaration, the Bylaws or any one or more of the rules and regulations mentioned above, then, after having provided the Owner of the Dwelling Unit occupied by such lessee or tenant no less than ten days' advance notice of its intention to do so, the Board or Committee may either (i) require the Owner to terminate such lease or rental agreement in compliance with applicable laws or ordinances governing residential tenancies, or (ii) require the Owner to provide reasonable financial assurance that such Owner has taken measures to prevent further violation by such lessee or tenant which the Board of Directors or Committee, in its discretion, finds adequate to insure that such violations will not recur. 3.25 Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved on Lots as shown on the Plat Within these easements, no structures, plantings or other materials shall be placed or permitted to remain which may damage or interfere with utilities located therein or the flow of waterthrough drainage channels in the easements. Those portions of any Lot which are subject to any such easement and all improvements therein shall be maintained continuously by the Owner of the Lot except for those improvements for which the Association, a public authority, utility company, maintenance committee or other party is, or becomes responsible. Owners shall be responsible for removal of any fencing or vegetation in, or which impairs access to any portion(s) of their Lots in the event a utility company, public agency or official, or the Assoclation requests that they do so. 3.26 Mailboxes. All mailboxes and stands will be consistent design, material and coloration as specified by the Committee, and to assure uniformity, shall be located at places designated by the Committee and or /the United States Postal Service, 3.27 Water, Water Rights. Each party accepting and recording a deed to any real property in situated within the Property now or at anytime hereafter subject of and encumbered by this Declaration, and each person who shall now or at anytime hereafter reside upon or occupy any land or Dwelling Unit within said Property shall thereby be deemed for all purposes whatsoever to have acknowledged and agreed to the following; (a) that such real property, land and/or Dwelling Unit is situated within an irrigation district, including but limited to the Nampa -Meridian Irrigation District; (b) that the water in said district has not been transferred from the Property; (c) that each Owner of a Lot is subject to all assessments levied by any such irrigation district; (d) that the Owner of each Lot shall be and remain responsible to pay any levies of any such irrigation district attributable to such Lot; (e) that said assessments are a lien upon such Lot, and (t) that each Owner and each resident and/or occupant of any Lot shall, solely by virtue of the foregoing provisions of this Declaration, be deemed for all purposes whatsoever to have fully released, discharged and waived any and all claims of any kind against Declarant, its members, its members' agenic, employees, officers and directors relating to water rights for irrigation or any other purpose or purposes affecting such Lot 3.28 Irrigation: Maintenance of Irrioation Pine or Ditch. Irrigation water, when available, will be supplied through Nampa -Meridian Irrigation District (or its lawful successors in interest) by means of a pressurized water system. Each Lot shall be subject to any License Agreements with Nampa -Meridian TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 1 D of 24 Irrigation Districts affecting the Property. In the event of any conflict between the terms of these CC&R's and any License Agreement with Nampa -Meridian Irrigation District, the License Agreement shall control. Each Owner shall pay Nampa -Meridian Irrigation District water assessments as assessed against any Lot(s) owned by said Owner. Each Lot shall be subject to said assessments. In the event that the irrigation water system is not maintained by the Nampa -Meridian Irrigation district, then any ditch, irrigation system, or irrigation pipe situated upon or otherwise within the boundaries of a Lot shall be maintained by, and at the expense of, the Owner of such Lot, but such obligation for maintenance shall not extend to any such pipe or ditch located outside the boundaries of such Lot 3.29 Compliance With Development Aqreement. a. Declarant and the owners of certain additional real property which will eventually be annexed to, and become a part of, the Property subject of this Declaration to be known as "Turnberry Subdivision No. 2,° were regulred, as a condition of annexation of the Property and additional real property to the City of Meridian and as a condition of approval of development and recording of the final plat of the Property and said additional real property, to enter into an agreement with the City of Meridian entitled "Development Agreement," which Development Agreement had been, or will be, recorded in the official records of Ada County and constitute a continuing encumbrance of the Property and said additional real property in perpetuity. By this reference, each and all of the terms and provisions of said Development Agreement shall be, and are hereby, incorporated in and made a part of this Declaration with like effect as though set forth herein verbatim. b. Apart from certain obligations imposed on Declarant and the owners of said additional real property which will be discharged upon completion of construction of certain infrastructure and Improvements more specifically described in said Development Agreement, said Development Agreement contains certain covenants, conditions and restrictions which bind all successors in interest of the Declarant and the owners of said additional real property, including, without limitation, the Association and each and every person or party who shall now, or at anytime hereafter, become an Owner of any Lot. And, said Development Agreement further provides that failure to comply with the terms and provisions thereof may, under certain circumstances, result in recovery on the part of the City of Meridian of certain costs, expenses or damages from the party or parties failing to comply therewith and, In addition, result in de -annexation of the Property by the City of Meridian. c. Accordingly, the Association and each person or party who shall now, or at anytime hereafter, be or become and Owner of any Lot subject of this Declaration, shall in all respects comply with the terms and provisions of said Development Agreement and perform each an every obligation of the part of the Association and/or an Owner of any Lot subject of this Declaration to be performed thereunder. ARTICLE IV. ARCHITECTURAL REVIEW AND CONTROL 4.1 Improvements Defined. For purposes of this Article and Declaration, the words "Improvement" and 'improvements' mean and refer all and any improvements to, or alterations of, land of any description, including but not limited to, the following: a. Landscaping except irrigation systems and shrubbery, ground cover, trees and other plantings located, Installed, cared for, cultivated and maintained in accordance with the terms and provisions of this Declaration and any applicable General Actions of the Association; b. Dwelling Units, outbuildings or shelters of any description; c. Fences, walls, hedges or other physical or visual barriers; d. Driveways, walkways, sidewalks, pathways or trails visible from any public street, road or sidewalk on or adjoining the Property; e. Outdoor recreational, sports or playground facilities or structures on any Lot which are visible from any public street, road or sidewalk on or adjoining the Property and/or from any other Lot or Dwelling Unit ; and TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 11 of 24 f. Generally all and any other products or results of construction efforts or activities conducted on or with respect to the Property and any portion thereof which are intended, or reasonably likely, to remain in place on a Lot for a period of time in excess of one-year and which (1) are, or result in, any significant alteration of the landscape of a Lot, or (11) affects or discernibly changes the appearance of any building, Dwelling Unit or other thing physically constructed or Installed on a Lot which is visible from any public street or sidewalk or from any other Lot or Lots or any Dwelling Unit(s) constructed on such other Lot or Lots. 4.2 Committee Anproval Reouired, No improvement may be erected, placed, Installed or altered on the Property, or on any Lot until its exterior design and configuration; exposed elements and/or exterior surface materials (including siding, trim, masonry, fencing, roofing materials, any skylights, vents or similar features); exterior paint or finish colors and color scheme, and its location and orientation on the Lot have been approved in writing by the Committee. 4.3 Procedure. Before applying for any building or other governmental permit which may be required for an improvement to be made and, in any event, before commencing any physical alteration on a Lot associated with the construction, installation, removal or alteration of any improvements not requiring such permit(s), the affected Purchaser, Owner or other party shall prepare and submit such materials and information pertaining to the matters mentioned in section 4.2 immediately above as the Committee may reasonably require or request accompanied by a written request for approval thereof and full payment of any fee or charge payable to the Committee in accordance with its published rules, regulations or guidelines, a. Within ten business days fallowing its receipt of all such materials and payment of any such fee or charge, the Committee shall use its best efforts to review the materials for conformity with the provisions of this Declaration, applicable Bylaws or General Actions of the Association, applicable rules, regulations and guidelines of the Committee, and any applicable standards of quality of workmanship and/or materials established by the €7eclarant. The Committee shall assess the materials presented for harmony of exterior appearance and/or design with existing structures and improvements; for location, compatibility with topography, finished grade elevations and contours; for potential unreasonable or undesirable obstruction of views or outlooks from other Lots, and for conformity with proper grading and drainage standards and policies. On conclusion of its efforts, the Committee shall render Its written approval, decision or other response to the party who requested such review. b. In the event the Committee falls to render Its approval or some other response within twenty business days after all such materials have been delivered to it for review and any such fee or charge has been fully paid, the improvements therein described may be considered approved. 4.4 Committee Created; Membership; Apoointment and Removal. An Architectural Review & Control Committee (the "Commlttee" herein) shall be created by recording of this Declaration and shall consist of as many persons as the Declarant may from time to time appoint a. The Declarant may remove any member of the Committee at any time and may appoint new or additional members at any time and shall keep on file at its principle office a list of names and addresses of the members of the Committee. b. Unless its existence shall have been previously extended by resolution duly adopted by the Hoard of Directors of the Association, the Committee shall cease to exist one year after substantial completion of all Dwelling Units on Lots which may now and hereafter become subject of this Declaration and the powers, discretion and duties of the Committee shall be exercised and performed by the Board of Directors. c. If the existence of the Committee is extended in accordance with the provisions of subsection 4.4 b., immediately above, the members thereof shall be appointed by, and serve at the pleasure of, the Board of. Directors of the Association; shall consist of persons who are Owners of Lots, and shall not include any directors, members, officers or employees of the Declarant or any member thereof or any corporation, partnership or other form of business or commercial enterprise affiliated with or owning an interest in the Declarant unless such person is also an Owner of a Lot. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 12 of 24 4.6 Liability. a. Neither the Declarant nor its members nor their agents, representatives nor employees; nor the Committee nor its members, nor the Association nor any director, officer or agent thereof, shall be liable to any Purchaser, Owner, resident, occupant, tenant, lessee or other person who may suffer or claim any loss, damage, cost; expense, (including, but not limited to, attorneys' fees), liability or prejudice on account of, or attributable wholly or in part to, any act or failure to act an the part of the Declarant or any member, representative, agent or employee thereof, or the Committee or any member thereof, or the Board of Directors or any member or agent thereof having or exercising the powers, discretion and dunes of the Committee, so long as such entities or persons acted or flailed to act in good faith without actual cause to believe that their acts or omissions were grossly negligent or unlawful under all the facts and circumstances actually known and understood by them at the time such acts or omissions occurred. b. Under no circumstances whatsoever shall any action an the part of the Declarant, its members or their agents, representatives or employees: the Committee or Its members, the Association, or any director, officer or agent thereof, be deemed, construed or relied upon by any party or person interested in, or affected thereby, to constitute any review, analysis or approval of structural, geophysical, engineering or other technical, scientific or similar conditions or matters. c. Consent or approval on the part of the Declarant, its members or their agents, representatives or employees; the Committee or its members, or the Association or any director, officer or agent thereof, shall never, under any circumstances whatsoever, be construed as any farm of representation, warranty or assurance on the part of Declarant, the Committee, the Association or any such persons respecting compliance with the requirements or provisions of any legislative enactments, ordinances, rules or regulations adopted or enforced by or on behalf of any governmental unit or agency and all such requirements and provisions shall be complied with by all Purchasers, Owners, residents and occupants of the Property regardless of any such consent or approval. 4.6 Actions of the Committee_ Actions on the part of the Committee shall be effected by vote or consent of a majority of its members without the necessity of a meeting provided all the members thereof shall have been afforded a reasonable opportunity and are available for purposes of participating in the action. The Committee shall render its decisions In writing setting forth the decisions made and/or the action(s) taken which identifies by name the members who supported such decisions or action. 4.7 Committee Discretion. The Committee may, at its sole discretion, withhold or condition consent to or approval of any proposed improvement if a majority of the members of the Committee reasonably determines that the proposed improvement or any element(s) thereof would be inconsistent with the provisions or the intent and purposes of this Declaration; or inappropriate for the particular Lot(s) involved, or incompatible with any rules, regulations, policies, standards or design guidelines from time -to -time adopted by the Committee. Consideration of siting, location, shape, size, color, design, height, solar access, Impairment of the view from other Lots, general appearance and compatibility with neighboring Improvements, effect on uses and enjoyment of other Lots, disturbance of existing terrain and vegetation, and any other factors which the Committee reasonably believes to be relevant, may, but shall not be required to be taken into account by the Committee in determining whether or not to approve or consent to, or condition its approval of or consent to, any proposed improvement 4.8 Non -waiver, Unless the Committee shall, in the exercise of its discretion, otherwise specifically agrees or determines, consent or approval on the part of the Committee with respect to any matter proposed to it or within its jurisdiction shall never, under any circumstances whatsoever, be deemed to constitute a precedent or waiver impairing its right to withhold, modify, condition or qualify approval as to the same or any similar matter thereafter proposed or submitted to it for consent or approval. 4.9 Effective Period of Approval or Consent, Unless a lesser period is prescribed by the Committee in a particular case, Committee consent to, or approval of, any proposed improvement shall expire twelve months after such consent or approval is issued in writing as aforesaid unless: (1) construction of the work in compliance with such approval or consent has in fact been commenced prior to expiration of such period and TURNEERRY SU13DIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 13 of 24 completed in its entirety within ninety days following expiration of such period, or (Il) the affected Purchaser or Owner has applied for and received an extension of such consent or approval from the Committee evidenced in writing. 4.10 Anolicabillty to Declarant. The provisions of this Article IV shall not apply to any improvements constructed by or for the benefit of Declarant on the Property. ARTICLE V. TURN13ERRY SUBDIVISION HOMEOWNERS ASSOCIATION, INC. 5.1 Organization of Tumbenv Subdivision Homeowners Association. Prior to execution and recording of this Declaration, Declarant has caused the organization and creation of a non-profit corporation called Tumberry Subdivision Homeowners Association, Inc., (the "Association" herein). The affairs of the Association shall be managed by a Board of Directors in accordance with the provisions of this Declaration, and the Articles of Incorporation and Bylaws of the Association. 5.2 Successor Association. In the event the Association is at any time dissolved, whether inadvertently or deliberately, it shall automatically be succeeded by an unincorporated association called Tumberry Subdivision Homeowners Association (also the "Association'). All of the property, powers and obligations of the incorporated Association existing immediately prior to its dissolution shall thereupon automatically vest In the successor unincorporated association. Such vesting shall thereafter be confirmed and evidenced by appropriate conveyances and assignments by the incorporated Association. To the greatest extent possible, any successor unincorporated association shall be governed by the Articles of Incorporation and Bylaws of the Associafion (as the same may be amended from time to time) as if they had been drafted to constitute the governing documents of the unincorporated association. 5.3 Powers, Duties and Oblioations of Association Generallv. The Association shall be responsible, and have the powers and duties necessary, for management and administration of the affairs of the Association generally, including, without limitation, all affairs, matters, issues affecting the Property as a whole and all matters relating to all Common Property. 5.4 SDeclfc Powers, Duties and ObIloations. Without limiting the generality of the provisions of section 5.3 immediately above, the Association shall have, exercise and perform all of the following powers, duties and obligations; a. The powers, duties and obligations granted to the Association by this Declaration, its Articles of Incorporation and its Bylaws as the same are now constituted or hereafter amended, modified or restated. b. The powers and obligations of a non-profit corporation pursuant to the general non-profit corporation laws of Idaho. c. The power and obligation to care for, maintain, construct, reconstruct and otherwise manage and control all Common Property at the expense and for the use and benefit of the Association and its members, d. Any and all additional or different powers, duties and obligations necessary or desirable for the purposes of carrying out the functions of the Association pursuant to this Declaration and otherwise promoting the general welfare and interests of the Owners. e. The Declarant and the Association may at any time contract with or employ any private party, public or quasi -public entity, or person to manage the affairs or undertake certain tasks, responsibilities and duties of the Association and may pay a reasonable fee or charge. 5.5 Membership. Upon and after closing of the sale of the first Lot to a Purchaser, the Owner(s) of each and every Lot then or thereafter made subject of this Declaration shall, during the entire period of such Owner's ownership of any Lot(s), be a member of the Association. Such membership shall commence, exist and continue simply by virtue of such ownership; shall expire automatically upon termination of such ownership, and need not be cont'rrmed or evidenced by any certificate or acceptance of membership. When more than one person or entity holds an interest as Owner in any Lot, all such persons shall be members of the Association. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 14 of 24 5.5 Transfer of Membershio. Membership in the Association shall be an incident of ownership of any Lot now or hereafter made subject of this Declaration, and any assignment, transfer, pledge, hypothecation, conveyance or alienation of such membership made or attempted in any way except byway of transfer of title to said Lot (and then only to the transferee of title to such Lot), shall be utterly null and void. Delivery or recording of any instrument effective to transfer beneficial title to a Lot under the laws of Idaho shall operate automatically to transfer the membership in the Association incident to ownership thereof to the transferee. 5.7 Voting a. The Association shall have two classes of voting membership: CLASS A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned, including any Lot(s) which is annexed as described in this Declaration. When more than one (1) person holds an interest in any Lot, all such persons shall be members and the vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. CLASS B. The Class B member(s) shall be the Declarant (as defined in the Declaration), and shall be entitled to three (3) votes for each Lot owned, including any Lot(s) which may be annexed to the Property subject of this Declaration in accordance with Article 11. Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier. (1) When the total number of votes which maybe cast by the Class A membership equals the total number of votes which may be cast by the Class B membership-, or (ii) On April 30, 2005. b. No lessee, tenant, resident or other occupant of any [Dwelling Unit or Lot who is not an Owner shall have any voting rights in the Association. 5.8 Board of Directors, At and following Turnover, the Board of Directors of the Association shall be comprised of no less than three directors. Directors shall be elected by vote of the members of the Assoclation in accordance with the terms and provisions of the Bylaws of the Association and in the event of a vacancy occurring on the Board, the position of such director(s) shall be filled in accordance with the terms and provisions of said Bylaws. 5.9 Liability. Neither the Declarant, its members nor any directors, officers, representatives nor agents thereof, nor the Association, any person serving as an officer of the Association, any person serving as a director of the Association, nor any person serving as a member, or exercising the rights, powers or authority of a member, of the Committee, shall be liable to any Purchaser, Owner, resident or occupant of the Property for any damage, loss, expense or prejudice suffered or claimed an account of any action or omission by or on the part of the Declarant, the Association, any such officer(s), any such director(s), or such Committee member(s), provided only that such action or omission was undertaken in good faith and in accordance with actual knowledge possessed by the entity or person. 5-10 Interim Board. Concurrently with, or immediately following, filing of the Articles of Incorporation of the Association, Declarant shall appoint an interim Board of Directors of the Association consisting of three (3) directors. The members of the interim Board of Directors of the Association shall serve until replaced by Declarant or until their successors have been elected by the Owners at or after Tumover as described in Subsection 5.11 immediately below. - 5.11 "Turnover". a. Not later than one hundred twenty days after the date upon which the Class B membership ceases as described above in Section 5.7, but in no event sooner than 12 -months following the date this Declaration is recorded, Declarant shall turn over administrative responsibility of the Property then subject to this Declaratlon and control of the affairs of the Association to the Owners. b. Turnover shall be initiated by mailing to the street address of each Lot then subject of this TURNBBRRY SUBDIVISION COVENANTS, CONDITIONS AND RRSTRIC T iONS Page 15 of 24 Declaration a written notice of Declarant's intent to do so effective as of a date not less than forty-five days following the date of such notice. c. Tumover shall be deemed for all purposes effective on the date specified in such notice whether or not the members of the Association at that time shall have elected a Board of Directors and such Board of Directors shall have acknowledged in writing delivered to Declarant, assumption of the powers, authority and obligations vested in the Board and the Association by virtue of this Declaration and the Articles of Incorporation and Bylaws of the Association. d. if Declarant fails to provide notice of intent to turn over administrative responsibility for the Property and control of the Association prior to expiration of the period above-described, any Owner may give the notice as required by this section. e. On the effective date of any notice of the nature described in subparagraphs b. or d. of this section 5.11, all members of the Interim Board of Directors shall be deemed for all purposes to have resigned their positions as such and their successors shall be elected by the membership of the Association as provided in its Bylaws. At Turnover, Declarant shall deliver to the Association those items in Deciarani's possession relating to ownership of Common Property and administration of the Association as set forth in the Bylaws. Turnover shall take place notwithstanding the presence or absence of a quorum of members the Association at any meeting or assembly of Owners convened for purposes of assuming control of the Association or any lack or participation by such members in any other process or procedure initiated or conducted by any Owner(s) or the Declarant for such purposes. f. If and when Declarant has complied with the foregoing requirements of this section 5.11, unless Declarant otherwise has sufficient voting rights as an Owner to control the Association, Declarant shall be relieved of any further responsibility for the administration of the Association except as Owner of ane or more Lots. g. Failure, neglect or refusal of the Association, its Board of Directors, any Committee or members of the Association, including, without limitation, the Declarant, to administer the affairs of the Association; or to exercise its powers, rights or prerogatives; or to otherwise perform the duties and obligations of'the Association, or to see to or cause their performance in accordance with this Declaration, its Articles of Incorporation or Bylaws shall in no way affect or diminish the effecctiveness of the terms and provisions of this Declaration, such Articles or said Bylaws or their binding effect on the Owners and Lots now or hereafter subject thereof. 5.12 Rules and Regulations. a. The Board of Directors on behalf of the Association may, from time to time, adopt, modify, or revoke such rules and regulations goveming the conduct of persons and use of Lots and Common Property as it may deem necessary or appropriate In order to assure the peaceful and orderly use and enjoyment of the Property and/or conformity of such use with the terms and provisions of this Declaration, any other declarations annexing additional lands to the Property as above -stated; any General Actions of the Association, and applicable law. b. A copy of all rules and regulations adopted on behalf of the Association and a copy of each amendment, modification or revocation thereof, shall, upon adoption, be promptly mailed or otherwise delivered by or on behalf of the Board of Directors to each Owner at his, her or its address appearing in the records of the Association. c. All such rules and regulations, and any such amendments or modifications thereof, shall be binding upon each Owner and occupants of all Lots to which they pertain on the date a copy of the same is mailed or otherwise delivered as herein stated. Adoption of rules and regulations on behalf of the Association shall be effected in accordance with the Bylaws of the Association. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 16 of 24 ARTICLE VI. ASSESSMENTS AND LIENS OF ASSESSMENTS 6.1 Assessment of Owners and Lots. a. Subject to the provisions of subparagraphs 6.4(a) and 6.4(b) below, all Owners, other than Declarant, shall be obliged to contribute to the payment by or on behalf of the Association of all expenses and costs incurred or which are required to be incurred by the Association which are reasonably necessary in order for the Association: (i) to perform effectively, or cause to be performed effectively the functions and obligations on Its part to be performed under this Declaration, (ii) to care for, maintain, repair, construct, reconstruct and preserve all Common Property; (til) to otherwise protect and preserve the Property and Common Property in keeping with the purposes of this Declaration set forth in the Recitals set forth above, and (iv) to enforce and otherwise promote or encourage compliance with the terms and provisions of this Declaration, its Articles of Incorporation, its Bylaws and all rules and regulations duly adopted consistent with the provisions of each and all of said instruments, all as reasonably fixed, determined and budgeted in accordance with this Declaration and said Bylaws. For purposes of this Article V€, all expenses and costs of the nature described in this subparagraph are called "Association Expenses". b. The mechanism and method for recovery of all such contributions and amounts shall be assessment thereof to the Owner(s) and upon the Lot(s) responsible for payment thereof. 62 Assessment of Declarant.. Prior to Turnover, Declarant shall have no obligation for payment of any amounts assessed against and payable by an Owner pursuant to the provisions of this Article VI. However, following Turnover, Declarant shall be assessed as the Owner of any Lot which it then owns, but such assessment shall be prorated to the date of sale of such Lot 6.3 Pavment and Collection of Assessments. a, When a Lot is transferred to a Purchaser, and each time a Lot is transferred to a new Owner(s), the transferee shall pay to the Association (through escrow whenever applicable) a "Transfer Assessment" in an amount equal to one-fourth (25%) of the total annual General Assessment (as determined in accordance with subparagraph a,, of section 6.4, Immediately below), payable with respect to such Lot during or for the Association fiscal year during which such transfer shall occur. The Transfer Assessment constitutes an initial contribution to the wonting capital of the Association on the part of such Purchaser(s) or new Owner(s) and shall be used by the Association only to pay Association Expenses. Transfer Assessments on a Lot are payable in addition to the amount of the General Assessment otherwise payable with respect to such Lot during and for any fiscal year. b. Assessments may not be waived or abated due to lack of or limited access to, or unavailability for use of, any Common Property. The Association shall take prompt action to collect from any Owner(s) any assessments which remain unpaid by such Owner(s) for more than forty-five days from the date payment thereof becomes due. All and any costs and expenses reasonably incurred by the Association for purposes of collection of unpaid assessments shall be recoverable by the Association from the party .or parties rasponsible for payment thereof ail by way of individual Lot Assessment as providea for az suosection 6.4.b below and, where applicable, section 7.5 of this Declaration, 6.4 Basis for Assessments. a. The total amount of all budgeted Association Expenses, including, without limitation, amounts to be contributed toward separately budgeted funds and reserves established for the common benefit of all members of the Association in accordance with General Actions of the Association or in accordance with the Bylaws during or for each fiscal year of the Association, less the amount of any common profits, Transfer Assessments and surpluses of the Association, if any, available for payment of Assoc€anon Expenses, shall be divided by the total number of Lots subject of this Declaration an the last day of the prior fiscal year and the result obtained shall constitute the amount of the "General Assessmenf payable with respect to each Lot subject of this Declaration during and for such fiscal year. Prior to Turnover, the amount of General Assessments which would, but for the provisions of section 5.2 above, be payable by the Declarant, shall be allocated among and assessed against all Lots not owned by the Declarant as of the last day of the next prior TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 17 of 24 fiscal year of the Association in such manner and amounts as the Declarant shall determine in the exercise of its sole discretion. b. Notwithstanding the other provisions of this Article VI, the Association may assess any individual Lot or Lot(s) an "Individual Lot Assessment" to recover all or any portion of any costs, expenses, losses, damages or other charges incurred or suffered by the Association, or by the Owner(s) of any other Lot or Lots, attributable to the negligence or misconduct of the Owner of such Lot, any resident thereof, or the family members or invitees of any such Owner or resident, and for the recovery of any unpaid fines, fees, assessments or charges payable by the Owner(s) thereof to or for the benefit of the Association by reason of the terms and provisions of this Declaration, the Bylaws of the Association and/or any rules and regulations adopted in accordance therewith or pursuant thereto. 6.5 Notice of Assessments_ The Association shall, not less than annually, provide written notice to the Owner(s) of each Lot setting forth the amount of the General Assessment and. any Individual Lot Assessment(s) payable with respect to such Lot calculated and/or assessed in accordance with section 6.4 of this Declaration. Payment of such assessments shall be due and payable on or before a date or dates, or in installments, as set forth in the notice which shall be not less than thirty days after the date the notice is mailed or at such later time or times as the Association may specify in the notice in accordance with this Declaration or the Bylaws. The Association or its managing agents shall promptly provide any Owner who makes a request in writing with a written statement setting forth the amount and nature of any and all assessments levied and unpaid with respect to any Lot(s) owned by such Owner_ However, neither the Association nor its managing agents shall be obliged to provide any such written statement more frequently than once every sixty days. 6.6 Creation of Lien and Personal Obliqation of Assessments. Whether or not stated or otherwise expressed any instrument conveying ownership of any Lot, by acquiring ownership of such Lot, each Owner shall be deemed for all purposes whatsoever to have unconditionally promised, covenanted and agreed to pay to the Association all assessments or other charges as may be fixed, established and collected from time to time in the manner provided In this Declaration or the Bylaws of the Association. Such assessments, charges, and other costs tagetherwith any interest, expense or attorneys' fees Imposed pursuant to Article Vli of this Declaration shall be a charge on the land and Lot so. acquired and constitute a continuing lien upon such Lot until fully paid and satisfied. In addition, all such assessments, charges and other costs shall be the personal obligation of the Owner(s) of such Lot at the time the assessment or charge became due and payable_ Such liens and personal obligations shall be enforced in the manner set forth in said Article VIi. ARTICLE VII, REMEDIES 7A Non-conforrninq Improvements: Violation of General Protective Covenants. In the event any Owner, or other person(s) for whose actions or omissions such Owner is responsible hereunder, shall violate or suffer violation of any provision of this Declaration; the Bylaws of the Association; any rules or regulations adopted on behalf of the Association, or any standards, actions or decisions of the Committee herein provided for, then the Association shall have each and all the following rights, remedies and prerogatives, which shall be cumulative: a. To notify the Owner in writing that the violations exist; that such Owner is responsible for them, and that unless such violation(s) are corrected or abated within such time following the date of such notice as Is stated therein, the Association may take any action with respect to the correction or abatement thereof as may be provided for in this Declaration or otherwise under the Bylaws and/or such rules or regulations; b. To suspend such Owner's voting rights and rights of use or the benefits of Common Property for the period that the violations remain unabated, not to exceed sixty (60) days, for any infraction of its rules and regulations; c. To impose reasonable fines upon such Owner, in a manner and amount the Board of Directors of the Association shall deem appropriate in relation to the violation and to make any such fines the subject of an Individual Lot Assessment TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page IS of 24 d. Provided notice of the nature described in subparagraph a., of this subsection shall have be given as therein stated and the Owner(s) of any offending Lot shall be afforded reasonable advance notice of the time such entry will take place, the Association may enter any offending Lot (which entry shall not subject the Association, the directors or officers of the Association or the Committee, or any agent or representative thereof to liability for trespass, conversion or any other claim.for damages) and remove the cause of such violation, or alter, repair or replace any non -conforming Improvement in such a manner as to make it conform the requirements or standards which pertain thereto. In any such case, the Association may assess the Owner of the offending Lot for the entire cost of the work done, which amount, If not paid by such Owner; shall be made subject of a an Individual Lot Assessment levied with respect to such Lot. Provided, however, nothing contained in this Declaration shall be construed to permit entry of any regularly occupied Dwelling Unit located on the Property without (i) the express consent or ratification on the part of the Owner of the Lot upon which such Dwelling Unit Is situated or, in the alternative, (II) the Informed consent of an adult person regularly residing in such Dwelling Unit at the time such entry is effected. e. Resort to a court of competent jurisdiction in those instances where injunctive relief may be appropriate and/or avail itself of any other or further remedies available at law or in equity. Provided, however, nothing in this section 7.1 shall be construed to afford to the Association or any person or persons acting, or purporting to act on behalf of the Association, any right to deprive any Owner of use of, and access to and from, such Owner's Lot. 7.2 Failure to Pav Assessments: Lien: Enforcement of Lien. If any assessment or other sum charged, levied or payable pursuant to this Declaration is not paid within thirty days after it becomes due, such assessment or charge shall become delinquent and shall bear interest from the due date until paid at the rate of twelve percent (12%) per annum. In addition, the Association may exercise any or all of the following remedies simultaneously or consecutively: a. The Association may suspend such Owner's voting rights and right of use or the benefits of Common Property until such assessments and/or other amounts payable under this Declaration or the Bylaws of the Association, are paid in full and declare all remaining periodic Installments of any annual assessments or any other amounts owed by such Owner to the Association immediately due and payable. In no event, however, shall the Association deprive any Owner of access to and from such Owner's Lot from any public street or sidewalk abutting such Lot. b. Enforce the lien arising under section 6.6 above for any assessments, including, without limitation, any Individual Lot Assessment(s) levied against such Lot under this Declaration Or the Bylaws against the Owner of the Lot anytime after the date on which the assessment becomes due and payable to the Association. If any assessment or other amount due or to become due under this Declaration or the Bylaws is payable in installments, the full amount of such assessment or other amount is a lien from the date the first Installment payment on account thereof becomes due. c. In any suit to foreclose any lien arising under this Declaration, in addition to the sums secured by such lien, the Association may seek and recover from the Owner(s) of the Lot(s) subject of such lien reasonable rental for the use of such Lot(s) during the pendency of the suit and shall be entitled to the appointment of a receiver to collect such rental. The Association shall have the power to purchase any such Lat(s) at the foreclosure sale and to thereby acquire al€ right, title and interest of the Owner(s) thereof and to hold, lease, mortgage, vote the votes appurtenant to, convey, and otherwise deal with such Lot(s) and all improvements thereon as Common Property of the Association. - d. Liens for assessments or charges provided for in this Declaration shall be subordinate to liens for taxes and assessments payable to any governmental entity and to the lien of any mortgage or deed of trust on the subject Lot made in good faith and for value recorded prior to the recordation of the notice of any lien(s) provided for in this Declaration. . e. Sale or transfer of any Lot shall not affect any lien wising under this Declaration. Provided, however, where any person or entity obtains title to a Lot directly as a result of foreclosure of a mortgage, TURNBERRY SUBDIVISION COVENANTS. CONDITIONS AND RESTRICT IONS Page 19 of 24 deed of trust or land sale contract having priority over the lien arising under this Declaration as a matter of law, or by deed in lieu of foreclosure of any such mortgage, deed of trust of land sale contract, the lien of the Association for payment of any assessments or charges which became due and payable prior to the acquisition of title by such person or entity shall be discharged and of no further effect Provided, however, in the case of a conveyance in lieu of foreclosure, the lien of the Association shall be discharged as aforesaid only if (1) written notice has been delivered to the Association, addressed to the person or party authorized to accept service of process on behalf of the Association, informing the Association of the mortgagee's intent to accept a conveyance in lieu of foreclosure and stating that the lien of the Association may be extinguished in the circumstances specified in this paragraph, and (€€) any such conveyance in lieu of foreclosure is made of record no less than thirty (30) days after the date said notice is delivered to the Association. No such foreclosure sale or conveyance in lieu of foreclosure however effected shall discharge the Lot for liability for any assessments or charges thereafter becoming due or from the lien of such subsequent assessments or charges. f. The Association may bring an action to recover a money judgment for unpaid assessments, fines and charges under this Declaration or the Bylaws without foreclosing or waiving the lien described Subsection 6.6. Recovery on any such action, however, shall operate to satisfy the lien, or the portion thereof, for which recovery is made. g. The Association shall have any other remedies available to it at law or in equity for recovery of any assessments, charges or other sums due or recoverable by it pursuant to the provisions of this Declaration or the Bylaws. 7.3 Other Remedies. Nothing contained in this Article VII or elsewhere in this Declaration, save and except limitations on liability expressly stated, shall be deemed or construed to limit, impair or prohibit any Owner from seeking any remedy which such Owner may have or acquire by virtue of violation of any or the terms or provisions hereof on the part of any other Owner, resident, Occupant or other person or party who may commit an actionable wrong with respect to such Owner including, without limitation, the right to enjoin violation, or to compel performance or enforcement, of any terms or provislons herein contained and the right to recover on any claim or cause or action or suit arising in favor of such Owner by virtue of the express terms of this Declaration. 7.4 Notification of Lien Holders. The Association may, and if requested in writing by the Owner to do so, shall, notify the holder of, or beneficiary named in, any mortgage, trust deed or vendor's interest under any land sale contract covering any individual Lot of any default in performance of the terms of this Declaration by the Owner thereof which is not cured within sixty days. However, failure, neglect or refusal on the part of the Association to provide any such notice shall not result in liability of any kind an the part of the Association to any party or parties requesting any such notification, such Owner, or any other person or party who may otherwise be Injured or damaged by reason of such failure, neglect or refusal on the part of the Association. 7,5 Attomevs' Fees and Costs. If any action, suit or other judicial or quasi-judicial proceeding is Initiated by any person or party interested in or subject to the terms and provisions of this Declaration for the purposes of recovery or relief on or under any claim, cause or action or suit or remedy provided for or described hereunder, or otherwise for the purposes of enforcement or interpretation of any such terms or provisions, the substantially prevailing party or parties in such action, suit or other proceeding shall be entitled to recover in addition to all other relief afforded such party or parties, from the other party or parties in such action, suit or other proceedings, such preva€iing party's or parties' reasonable attorneys' fees, charges and expenses; statutory costs, and the reasonable costs of necessary discovery and fees of expert witnesses or consultants engaged by such party or parties in connection with the prosecution or defense of such proceedings as fixed by the court(s) or tribunal(s) by which such action, suit or other proceedings, including appellate proceedings, shall be tried, heard and finally decided. ARTICLE VIII. PROPERTY RIGHTS 8.1 Members' Easements of Enioyment to Common Area. Every Member of the Association shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 20 of 24 and shall pass with the title to every assessed Lot, subject to the following provisions: a. The right of the Association to suspend any Member's voting rights and/or right to use any of the recreational facilities owned by the Association, for any period during which any assessment against said Member's Lot remains unpaid, and for a period not to exceed sixty (60) days for each infraction of its published rules and regulations. b. The right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be authorized by General Actions of the Association. No such dedication or transfer shall be effective unless an instrument evidencing such General Actions of the Association has been recorded in the appropriate county deed records and unless written notice of proposed actions shall have been delivered to every Owner entitled to vote in respect of such General Actions of the Association not less than thirty (30) days nor more then (90) days prior to such dedication or transfer and c. The right of the Directors of the Association to promulgate reasonable rules and regulations governing such rights of use, from time to time, in the interest of securing maximum safe usage of such Common Areas by the Members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of said Property, and reasonable regulations and restrictions regarding parking. 8.2 Reciprocal Easemenst. Each and every Owner purchasing a Lot within the subdivision is purchasing It with the full understanding that each Lot is subject to certain reciprocal easements which are appurtenant thereto. Each Owner by purchase of a Lot within the subdivision agrees that they shall be subject to the following reciprocal easements: ' a. An easement for drainage is hereby declared to exist on each Lot for the benefit of the adjoining Lot(s); provided, that the Owner installing any drainage pipe, conduit, or other facility shall pay for any and all such Improvements and cause the Property upon which the improvements are located to be restored to their original state at the sole cost of the Owner employing the use of this reciprocal easement. b. All Lots within the subject Property including, but not limited to the Lots in the Common Area, shall be subject to a general utility and sanitary sewer easement, which shall include, but not be limited to, access for Ingress and egress for maintenance or repair by the utility provider. c. All Lots shall be subject to a permanent public utility, irrigation, drainage and access easement which shall be for ingress and egress for installation, maintenance and repair by or for the benefit of the Association and/or any public utility, irrigation district, drainage district, or any other utility providing utilities and/or having an easement in, to and/or through such Lots subdivision, except within the area enclosed by the foundation structure of any Dwelling Unit or other permitted building or structure located on such Lots. ARTICLE IX. MISCELLANEOUS COVENANTS 9.1 invalidity; Gender. Captions. The invalidity or lack of enforceability of any terms or provisions of this Declaration shall not impair or affect in any manner the validity, enforceability, or effect of the remaining terms and provisions of this Declaration and the same shall be construed and enforced in such a manner as to effect the evident intent and purpose of this instrument. As used herein, the singular shall include the plural and the plural the singular. The masculine, the feminine and neuter shall each Include the other as the context requires. All captions used herein are intended solely for convenience of reference and shall in no way define, limit or impair the effectiveness of each and all of terms and provisions of this Declaration. 9.2 Amendment. a. This Declaration, and any individual terms or provisions hereof from time to time In effect with respect to all or any part of the Property, may be amended or repealed by Declarant alone at any time until Turnover or, after Turnover, by vote or written consent of not less than seventy-five percent (75%) of all Owners. Provided, however, (1) no such amendment or repeal affecting time rights and obligations of the Declarant hereunder may be effected without the express written consent of the Declarant and (ii) no such TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 21 of 24 amendment or repeal affecting the rights or obligations of less than all Owners affected by this Declaration may be effected without the express written consent of at least two thirds of the Owners to be affected thereby. b. Any action effecting any such amendment or repeal shall become effective only upon recordation In the deed records of Ada County, Idaho, of a certificate of Declarant prior to Turnover, and thereafter by a certificate of the president or secretary of the Association, setting forth in full the amendment, amendments or repeal so approved and certifying that said amendment, amendments or repeal have been approved in the manner required by this Declaration. 9.3 Reaulatory Amendments. Notwithstanding the provisions of section 9.2 immediately above, until the conveyance of the last Lot owned by Declarant to a third party, Declarant shall have the unqualified right to amend this Declaration in order to comply with the requirements relating to the development of single-family residential improvements within the Property contained or required by the provisions of applicable statutes, ordinances, regulations or guidelines of the Federal Housing Administration, the Veterans Administration, the Farmers Home Administration of the United States, the Federal National Mortgage Association, the Govemment National Mortgage Association, the Federal Home Loan Mortgage Corporation, any department, bureau, board, commission or agency of the United States, the State of Idaho, Ada County, or of any corporation or other entity wholly owned, directly or indirectly, by the United States, the State of Idaho, or Ada County which insures, guarantees or provides financing for single-family residential developments or lots in single-family residential developments. 9.4 Duration, This Declaration shall run with the lands subject hereof and shall be and remain in full force and effect at all times with respect to all property included within the Property and the Owners thereof until terminated. Following Turnover, this Declaration may be terminated only upon approval by the vote orwritten consent of the Owners of ninety percent of the number of Lots then subject of this Declaration. Any such termination shall become effective only if a certificate executed by president and secretary of the Association, certifying that termination shall become, or became, effective as of a date certain and that such termination was effected by consent or vote of the Owners of all property then subject of this Declaration in the manner herein prescribed, shall be duly acknowledged and recorded in the deed records of Ada County, Idaho. 9.5 Joint Owners, In any case in which two or more persons share the ownership of any Lot, regardless of the form of ownership, the responsibility and liability of such persons under this Declaration shall be joint and several and the act or consent of any one or more of such persdns shall constitute the act or consent of the entire ownership interest. In the event any joint Owners shall disagree among themselves as to the manner in which any vote or right of consent held by them shall be exercised with respect to any pending matter, any such Owner may deliver written notice of such disagreement to the Board of Directors of the Association and the vote or right of consent involved shall then be disregarded completely in determining the proportion of votes or consents given or withheld with respect to such matter. Whenever, for purposes of this Declaration, the consent, vote or approval of a certain number, percentage or fraction of Owners is specified, all Owners of a single lot shall be considered as one Owner. 9.6 Lessees and Other Invitees. Lessees, invitees, contractors, family members and other persons entering the Property under rights derived from an Owner shall comply with all of the provisions of this Declaration restricting or regulating the Owner's use, improvements to or enjoyment of such Owner's Lot and other areas within the Property. All Owner(s) shall be responsible For obtaining such compliance and shall be liable for any failure of compliance by such persons in the same manner and to the same extent as if the failure had been committed by such Owner. 9.7 Nonwaiver. Failure by Declarant, the Association, the Committee, or any Owner to enforce any term, provision, covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. 9.8 Notice of Sale, Mortgaae, Rental, or Lease. Immediately upon the sale, mortgage, rental, or lease Of any Lot, the Owner thereof shall promptly inform the secretary or the Association, or its managing agent(s), if any, of the name and address of the vendee, mortgagee, lessee, or tenant. TURNSERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 22 of 24 9.9 Notices and Other Documents. All notices and other communications under this Declaration shall be in writing and shall be deemed to have been given on the date of delivery when delivered by personal service, or three (3) business days after the date the same are deposited In the United States mail, first class postage prepaid, addressed to the person(s) or party to whom such notice is directed at its address determined as provided section 9.10 below. 9.10 Addresses. All notices and other communications under this or her Declaration shall be given to the persons and parties affected by this Declaration at the fallowing addresses: a. If to an Owner, then to the last mailing address for such Owner shown in the Association's records; b_ If to the Declarant, then to: BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), LLC., clo Pacific Santa Fe Corporation 17700 SW Upper Boones Ferry Rd, Suite 100 Portland, OR 97224-7010 9.11 Change of Address. Any person or party affected by this Declaration or who has or claims an interest in the Property or any portion thereof may change -the address to which notices shall be directed to such person or party by giving thirty (30) days' written notice of such change of address delivered as provided herein. IN WITNESS WHEREOF, the Declarant has executed this Declaration on this -�- day of _1!i 1998. BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), LL.C., an Oregon limited liability company By ,/5` lazmiez� Greg A. ifiem et, Member By Pacific Santa Fe Corporation, Member - Mark P. Rockwell, its President ACKNQWLEDGMENTS STATE OF OR County of Washington} ss. On this _? day of . 1998, before me, the undersigned, a notary public in and for said state, personally appeared G gr ' A. H mstreet, known or identified to me to be a member of BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), L.L.C., whose name is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my official seal the day and year first above written. ��...H..� .SFJ. MIR M,F. Notary Public for OREGO �m olitit� Residing at .Cdr- Os --,P 4�J d My Commission Expires: ,:j Ian TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 23 of 24 STATE OF OREGON, County of Washington} ss. On this --�— day of 1998, before me, the undersigned, a notary public in and for said state, personally appea Marie -P Rockwell, President of Pacific Santa Fe Corporation, known or Identified to me to be a member of BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), LLC., whose name Is subscribed to the above and foregoing instrument and acknowledged to me that he executers the same an behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. . SFJ4i. �Lat� lam] aAAWQ11" Notary Public forQREGoff 1(9 =um ku 047183 Residing at o,Pay,.- / OW ljujAm= PA r My Commission Expires: I o TURNBERRY SUBDIVISION COVENANTS, COMMONS AND RESTRICTIONS Page 24 of 24 EXHIBIT A Legal Description for Turnberry Subdivision No. 1 A parcel of land being a portion of the NE % of the SE % of Section 4, Township 3 Norio, Range 1 West of the Boise Meridian, Ada County, Idaho being more particularly described as follows: Sixty-one (fit) buildable lots designated as Lot 2, Block 1; Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, Block 3; Lot 1, Block 4; Lots 1, 2, 3, 4, 6, 7, .B, 9, 14, 12, 13, 14, 15, 16, 17, 18 and 19, Black 5; Lots 1, 3, 4, S. 6, 7, 8, 10, 11, 12 and 13, Black 6; Lots 1, 2, 3, 4, 5, 6 and 7, Block 7; Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 8 and Lots 1, 2, 3, and 4, Block 9, TURNBERRY-SUBDIVISIONNO. 1, Ada County, Idaho. Seven (7) non -buildable lots designated as Lot 1 Black 1; Lot 1 Black 2; Lot 1 Black 3; Lots 5 and I I Black 5; Lots 2 and 9 Block 6, TURN13ERRY SUBDIVISION NO. 1, Ada County, Idaho. TURNSERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Exhibit A Legal Description of Property Encumbered Page 1 of 1 EXHIBIT B MIRU13am; --L I =s"N. Landscape Plan for Turnberry Sj J ubdivision No. I w U L _� IIS7 0 Li Qi 9 D DJ D RESTRICTIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --- - - - - - - - --- - - - - - Landscape Plan Page 1 of 1 Turnberry Crossing Owners Association Thank you, and have a wonderful Turnberry Crossing life! Welcome To Turnberry Crossing! Dear New Resident: The Turnberry Crossing HOA would like to welcome you to our great neighborhood! This letter is provided to give you valuable information on living in our community. Trash Collection: Friday morning around 7:30 AM. Normal trash cans (green lids) are emptied every week; recycle trash cans (orange/red lids) are emptied every other week. You can put your cans out the night before but please put them away on Friday after they have been emptied. Amenities: There is a children’s play area/park available in our subdivision which is suitable for small kids. It can be found on N. Montgomery Ave, between W. Charles St and W. Ravenscroft St. CC&R Compliance: Please always check your CC&R’s for compliance issues, especially with regards to alterations of front yards, planting or felling trees/shrubs/bushes, landscaping, etc. and also with regards to basketball hoops, cars, trailers or camper parking, etc. Community Events: The HOA will have an Annual Owners Meeting in May and a Block Party in September and would be honored with your patronage. Our subdivision also holds two Yard Sales per year, one in spring and one in fall. Prepare your clear-out goods in advance to maximize the potential of this event. HOA Governing & Management: The affairs and business of the Turnberry HOA is governed by a volunteer Board of Directors and includes: President - Steve Hunt Vice President - Bruce Crowe Secretary - Gordon Melvin Director at Large - Andy Billington Treasurer - Vacant The Architectural Compliance Committee includes: Kim Osborn Wood Cheney Nicki Hunt Association Management Provided by: BCPM HOA Association Management 6126 W. State St. Boise ID 83714 208-906-0638 Fax 208-343-4634 Community Manager: Kate Delgado-Miller CMCA, AMS kate@bcpm.biz 208-639-0012 Questions & Requests: Please contact your community manager with questions and to submit ACC requests. Also, visit our website for more information log in at https://bcpm.vmsclientonline.com/. User name and password is available from Kate. Changes to Agenda: None Item #8A: Village Apartments (H-2019-0144) Application(s): Time Extension – Conditional Use Permit Size of property, existing zoning, and location: This site consists of 16.68 acres of land, zoned C-G, located at 2600 N. Eagle Rd. History: A CUP for a multi-family development consisting of 336 dwelling units at a density of 29.5 units/acre was approved in 2015. An administrative time extension was approved in 2017 for an additional 2 year period of time in which to commence the approved use, which expired in December of last year. Comprehensive Plan FLUM Designation: MU-R Summary of Request: The Applicant requests Council approval of an additional 2 year extension of time in order to commence the use approved with the CUP. The reason for the request is to finalize the site configuration & building layout to improve circulation and pedestrian/vehicular connectivity as set forth in the Comprehensive Plan and the UDC; a subsequent modification to the CUP for the reconfiguration is likely. The Applicant’s narrative states they plan to commence the use as soon as possible. With all extensions, the decision making body may require compliance with the current provisions of the UDC. While no significant amendments to the Comprehensive Plan or UDC have been adopted that would change the basis under which the CUP was granted, access is an issue in this area for uses along SH-55/Eagle Rd. The UDC (11-3H-4B-3) requires construction of a street, generally paralleling the state highway, to provide future connectivity and access to all properties fronting the state highway that lie between the Applicant’s property and the nearest section line road and/or half mile collector road for future connectivity and access. A temporary access via SH-55/Eagle Rd. was granted to the property to the south (Great Wall restaurant) in 2008 and allowed to continue until such time as the properties to the south develop and a driveway is constructed from the Great Wall property to E. River Valley St. At such time, the temporary access is required to be removed and all access is required to be provided via River Valley St. and direct access via Eagle Rd. will be prohibited. No requirement to continue that backage road to the north, to the subject site, was required at that time. Likewise, the subject property was not previously required to grant a cross-access easement or construct a vehicular crossing over the Finch Lateral (at the south boundary of this site) in order for the backage road to continue. With removal of the Great Wall access, a backage road will be crucial in this area, for properties both north and south of the Finch Lateral. Staff discussed this issue with the Applicant’s representative and the Applicant plans to construct a private backage road on the subject property with a vehicular crossing over the Finch Lateral with development of the commercial portion of their site that fronts on SH- 55/Eagle Rd. They also agree to grant a cross-access easement to the property to the south (Great Wall). To memorialize this proposal and ensure an access easement is granted and a backage road is constructed in the future in accord with the UDC (11-3H-4B.3), Staff recommends conditions of approval to that effect are added to the subject time extension with associated timing requirements (prior to issuance of the first C of O within the commercial portion of the development) as agreed upon by the Applicant. Written Testimony: Stephanie Leonard, KM Engineering (Applicant’s Representative) – In agreement with the staff report Staff Recommendation: Approval (until Dec. 15, 2021) Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0144, as presented in the staff report for the hearing date of Jan. 28, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0144, as presented during the hearing on Jan. 28, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0144 to the hearing date of ___________ for the following reason(s): (You should state specific reason(s) for continuance.) City Council MeetingJanuary 28, 2020h2 I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Estimated Time for P resentation: 0 Title of I tem - Public Hearing for Village Apartments (H-2019-0144) by G F I - M eridian Investments, L L C, L ocated at 2600 N. Eagle Rd. C lic k Here for Applic atio n Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taf f R eport 1/24/2020 RE V I E WE RS : Department R eviewer Action D ate Clerk.Weatherly, A drienne Approved 1/24/2020 - 8:54 A M Meridian City Council Meeting Agenda January 28, 2020 – Page 4 of 23 1/31/2020 City of Meridian - Public Hearing Sign In Form Tools internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=395 1/1 Details and Signatures For Public Hearing Hearing Date: 1/28/2020 Hearing Type: Council Item Number: 8-A Project Name: Village Apartments Project No.: H-2019-0144 Active: There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2020 - City of Meridian, Idaho Page 1 HEARING DATE: 1/28/2020 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Village Apartments H-2019-0144 LOCATION: 2600 N. Eagle Rd. (NW ¼ of Section 4, T.3N., R.1E – Parcel #S1104233712) I. PROJECT DESCRIPTION The Applicant requests a two (2) year time extension on the previously approved conditional use permit (CUP-15-019) for a 336 unit multi-family development on 16.68 acres of land in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 16.68 Future Land Use Designation MU-R (Mixed Use – Regional) Existing Land Use(s) Vacant/undeveloped land Proposed Land Use(s) Multi-family residential development Number of Residential Units (type of units) 336 (apartments) Density (gross & net) 29.5 gross Open Space (acres, total [%]/buffer/qualified) 1.92 acres (12%) Amenities Clubhouse, fitness facility, swimming pool, children’s play structure, enclosed bicycle storage for 60 bicycles in clubhouse, a bicycle repair area plus 2 additional amenities from the open space category. Physical Features (waterways, hazards, flood plain, hillside) The Milk Lateral crosses the northeast corner of the site and the Finch Lateral runs along the southwest corner of the site. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda January 28, 2020 – Page 5 of 23 Page 2 Description Details Page Neighborhood meeting date; # of attendees: 12/4/2019; 2 attendees History (previous approvals) PBA-14-005 (ROS #9983); AZ-15-011 & MDA-15-012 (DA #2017-121321); CUP-15-019 (MFR 336 units); A- 2017-0277 (CUP TED exp. 12/15/19) B. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda January 28, 2020 – Page 6 of 23 Page 3 III. APPLICANT INFORMATION A. Applicant: GFI – Meridian Investments, LLC – 74 East 500 South, Ste. 200, Bountiful, UT 84010 B. Owner: Same as Applicant C. Representative: Stephanie Leonard, KM Engineering – 9233 W. State Street, Boise, ID 83714 IV. NOTICING City Council Posting Date Notification published in newspaper 1/10/2020 Radius notification mailed to property owners within 300 feet 1/7/2020 Applicant posted public hearing notice sign on site 1/13/2020 Nextdoor posting 1/7/2020 V. STAFF ANALYSIS The conditional use permit (CUP-15-019) for this development was approved on December 15, 2015 and was set to expire on December 15, 2017. An administrative time extension (A-2017-0277) was requested and approved prior to the expiration date that allowed an additional two (2) year period of time (until December 15, 2019) in which to commence the use in accord with the provisions in UDC 11-5B-6F. The Applicant now requests an additional two (2) year time extension to commence the approved use. The reason for the request is to finalize the site configuration and building layout to improve circulation and pedestrian/vehicular connectivity as set forth in the Comprehensive Plan and the UDC; a subsequent modification to the CUP for the reconfiguration is likely. The Applicant’s narrative states they plan to commence the use as soon as possible (see Applicant’s narrative for more information). With all extensions, the decision making body may require compliance with the current provisions of the UDC. Approval of requests for time extension to an approved conditional use shall be determined by the decision making body at a public hearing and will not be granted if any of the following conditions exist: a. Significant amendments to the comprehensive plan or unified development code have been adopted that change the basis under which the conditional use permit was granted. b. Significant changes in land use have occurred in the area that will impact or be impacted by the project. c. Hazardous conditions have developed or have been discovered that will impact the project. d. Community facilities and services are no longer adequate to serve the project. Meridian City Council Meeting Agenda January 28, 2020 – Page 7 of 23 Page 4 The Commission may place additional requirements, modify the previous approval or deny the request. While no significant amendments to the Comprehensive Plan or Unified Development Code have been adopted that would change the basis under which the CUP was granted, access is an issue in this area for uses along State Highway (SH) 55/Eagle Rd. The UDC (11-3H-4B-3) requires construction of a street, generally paralleling the state highway, to provide future connectivity and access to all properties fronting the state highway that lie between the Applicant’s property and the nearest section line road and/or half mile collector road for future connectivity and access. A temporary access via SH-55/Eagle Rd. was granted to the property to the south (Parcel #S1104233802, Great Wall restaurant) in 2008 and allowed to continue until such time as the properties to the south develop and a driveway is constructed from the Great Wall property to E. River Valley St. At such time, the temporary access is required to be removed and all access is required to be provided via River Valley St. and direct access via Eagle Rd. will be prohibited (VAR- 08-004 & CUP-08-022). No requirement to continue that backage road to the north, to the subject site, was required at that time. Likewise, the subject property was not previously required to grant a cross-access easement or construct a vehicular crossing over the Finch Lateral (at the south boundary of this site) in order for the backage road to continue. With removal of the Great Wall access, a backage road will be crucial in this area, for properties both north and south of the Finch Lateral. Staff discussed this issue with the Applicant’s representative and the Applicant plans to construct a private backage road on the subject property with a vehicular crossing over the Finch Lateral with development of the commercial portion of their site that fronts on SH-55/Eagle Rd. They also agree to grant a cross-access easement to the property to the south (Parcel #S1104233802, Great Wall). To memorialize this proposal and ensure an access easement is granted and a backage road is constructed in the future in accord with UDC 11-3H-4B.3, Staff recommends conditions of approval to that effect are added to the subject time extension with associated timing requirements as agreed upon by the Applicant (see Section VIII). Note: A condition of approval of CUP-15-019 requires cross- access/ingress-egress easements to be granted to the properties to the north (Parcel #R8048310100 Eagle Commons-McGill LLC & #R8803510200 CAI Family Investments LLC) and to the south (Parcel #R0748300210 fka #S1104233940, Regency at River Valley); copies of the recorded easements are required to be submitted with the first Certificate of Zoning Compliance application for this site. Meridian City Council Meeting Agenda January 28, 2020 – Page 8 of 23 Page 5 VI. DECISION A. Staff: Staff recommends approval of the proposed 2-year time extension in order to commence the use approved with the conditional use permit to expire on December 15, 2021 with the added provisions in Section VIII. Backage road Meridian City Council Meeting Agenda January 28, 2020 – Page 9 of 23 Page 6 VII. EXHIBITS A. Approved Site Plan (dated: 7/24/15) Meridian City Council Meeting Agenda January 28, 2020 – Page 10 of 23 Page 7 B. Approved Landscape Plan (date: 11/14/2017) Meridian City Council Meeting Agenda January 28, 2020 – Page 11 of 23 Page 8 C. Approved Building Elevations Meridian City Council Meeting Agenda January 28, 2020 – Page 12 of 23 Page 9 Meridian City Council Meeting Agenda January 28, 2020 – Page 13 of 23 Page 10 Meridian City Council Meeting Agenda January 28, 2020 – Page 14 of 23 Page 11 Meridian City Council Meeting Agenda January 28, 2020 – Page 15 of 23 Page 12 Meridian City Council Meeting Agenda January 28, 2020 – Page 16 of 23 Page 13 VIII. CONDITIONS 1. The Applicant shall commence the use approved with CUP-15-019 in accord with the provisions in UDC 11-5B-6F.1 by December 15, 2021; or, apply for a time extension as set forth in UDC 11-5B-6F. 2. The Applicant shall grant a cross-access/ingress-egress easement to the property to the south [Parcel #S1104233802 – QQ & WW LLP (Great Wall)] and construct a private backage road from the north to the south boundary of the subject property in general alignment with existing driveways as set forth in UDC 11-3H-4B.3 for developments adjacent to State Highway 55, prior to issuance of the first Certificate of Occupancy in the commercial/retail portion of the development. A recorded copy of the easement shall be submitted to the Planning Division. Meridian City Council Meeting Agenda January 28, 2020 – Page 17 of 23 I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: Chris J ohnson Estimated Time for P resentation: 2 minutes Title of I tem - Ordinance No. 20-1872: An Ordinance (H-2019-0111 Waterwalk) F or Rezone of A T ract Of Land Situated In T he Southeast Quarter Of T he S outheast Quarter Of S ection 8, Township 3 North, Range 1 East, B oise M eridian, Ada County, Idaho; E stablishing And D etermining T he L and Use Zoning C lassification From I-L (L ight Industrial) Zoning D istrict To C-G (General Retail And Service C ommercial) Zoning D istrict In T he M eridian C ity C ode; Providing T hat Copies Of T his Ordinance S hall Be F iled With T he Ada County Assessor, T he Ada County Recorder, And T he Idaho S tate Tax Commission, As Required B y Law; And Providing F or A S ummary O f T he Ordinance; And Providing F or A Waiver Of T he Reading Rules; And P roviding An E ffective D ate Waterwalk re-zone Ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Waterwalk Ordinance Ordinance 1/22/2020 Waterwalk - Exhibit A E xhibit 1/21/2020 Waterwalk - Exhibit B E xhibit 1/21/2020 RE V I E WE RS : Department R eviewer Action D ate L egal.Weatherly, A drienne Approved 1/22/2020 - 2:08 P M L egal.A lbertson, Michelle Approved 1/22/2020 - 5:56 P M Meridian City Council Meeting Agenda January 28, 2020 – Page 18 of 23 ADA COUNTY RECORDER Phil McGrane BOISE IDAHO Pgs=4 BONNIE OBERBILLIG CITY OF MERIDIAN. IDAHO CITY OF MERIDIAN ORDINANCE NO. 20-1872 BY THE CITY COUNCIL: 2020-011982 01/30/2020 12:11 PM NO FEE BERNT, BORTON, CAVE' NER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2019-0111 WATERWALK) FOR REZONE OF A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM I -L (LIGHT INDUSTRIAL) ZONING DISTRICT TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Adler AB 0A,ner V, LLC, SECTION 2. That the above-described real property is hereby re -zoned from I -L (Light Industrial) Zoning District to C -G (General Retail and Service Commercial) Zoning District in the Meridian City Code, SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. RE -ZONE ORDINANCE — WATERWALK - H-2019-0111 PAGE 1 OF 3 EXHIBIT A Page 1 Waterwalk H-2019-0111 Rezone Legal Description Meridian City Council Meeting Agenda January 28, 2020 – Page 22 of 23 EXHIBIT B Page 1 Waterwalk H-2019-0111 Rezone Exhibit Map Meridian City Council Meeting Agenda January 28, 2020 – Page 23 of 23