Dovetail_Common Maintenance Agreement_Recorded_062321Recording Requested by: ADA COUNTY RECORDER Phil McGrane 2021-095924
BOISE IDAHO Pgs=7 LINDSAY WHEELER 06/23/2021 12:33 PM
MW Jasper Investors, LLC MW JASPER INVESTMENTS AMOUNT:$28.00
Attn: Katie Vila
1109 W. Main St., Ste. 390 II I I II I II I I Ill I I I III I II III III I II I I II I I II I I II II
Boise, Idaho 83702 01011727202100969240070071
COMMON MAINTENANCE AGREEMENT
This Common Maintenance Agreement (this "Agreement") is made on June 2021 (the
"Effective Date"), by and between MW Jasper Investors, LLC, a Delaware limited liability company
("MW"), KW Jasper, LLC, a Delaware limited liability company ("KW"), and Pine QOZB, LLC, a
Delaware limited liability company ("Pine"). MW, KW, and Pine may each be referred to herein as a
"Party" and collectively as the "Parties," as appropriate under the circumstances.
RECITALS
A. MW and KW collectively own, as undivided tenants -in -common, Lot 1 and Lot 3 in
Block 1 of Dovetail Subdivision according to the official plat thereof, as such plat is now or hereinafter
recorded in the real property records of Ada County, Idaho ("Lot 1" and "Lot 3," respectively).
B. Pine owns Lot 2 and Lot 4 in Block 1 of Dovetail Subdivision according to the official
plat thereof, as such plat is now or hereinafter recorded in the real property records of Ada County, Idaho
("Lot 2" and "Lot 4," respectively). Lot 1, Lot 2, Lot 3, and Lot 4 may be referred to herein individually
as a "Lot" and collectively as the "Lots" or "Property," as appropriate under the circumstances.
C. The Parties desire to execute and record this Agreement to set forth the common scheme
of maintenance that will apply to portions of the Property, which is designed to protect, enhance, and
preserve the value, amenities, desirability, and attractiveness of the Property.
DECLARATION
NOW, THEREFORE, the Parties hereby agree and declare that the Property, and each Lot or
portion therein, is and will be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied,
and improved subject to the terms of this Agreement, which is hereby declared to be in furtherance of a
general plan to protect, enhance, and preserve the value, amenities, desirability, and attractiveness of the
Property. This Agreement (a) runs with the land and is binding upon any Person (as hereinafter defined)
now having or hereinafter acquiring any right, title, or interest in any Lot or portion of the Property; (b)
inures to the benefit of every Lot or portion of the Property; and (c) inures to the benefit of and binds the
Parties and each Owner (as hereinafter defined) having or holding any right, title, or interest in any Lot or
portion of the Property, and their heirs, successors, and assigns.
1. Definitions.
1.1 "Maintenance Areas" means all of Lots 3 and 4 and all improvements thereon,
together all other areas of the Property now or hereinafter improved with: (a) landscaping, or (b)
structures, sidewalks, drive aisles, parking lots, development features, or other elements that are used in
common by the Owners and occupants of Lot 1 and Lot 2.
COMMON MAINTENANCE AGREEMENT - 1
15697473.4
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the Effective
Date.
MW:
MW Jasper Investors, LLC,
a Delaware limited liability company
By: Roundhouse Advisors; LLC;- .H -r
a Delaware limited liability company
By:
Name: Casey H. Lynch
Its: Manager
KW:
KW Jasper, LLC,
a Delaware limited liability company
By: 1C4;
Name: Kent Mouton
Its: President
L9lUx
Pine QOZB, LLC,
a Delaware limited liability company
By: Roundhouse Advisors, LLC,
a Delaware limited liability company
By: a�=
Name: Casey H. Lynch
Its: Manager,
COMMON MAINTENANCE AGREEMENT - 5
15697473 4
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On June 22, 2021, before me, Rosaura Zamora, Notary Public, personally appeared Kent
Mouton who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
—----------——
ROSAURA ZAMORA
WITNESS my hand and official seal. r Notary Public- California
i Los Angeles County
F Commission X CD 2278171
My Comm. Expires Mar 16, 2023
Signatur Seal
Rosaura Zamora
{00010948;1 }
U.S. Certified Mail, return receipt requested, with postage prepaid, in which event such notice shall be
deemed received upon the earlier of the date of actual receipt, the date of delivery as shown on the return
receipt, or the third day after deposit in the mail; or (c) a nationally -recognized overnight delivery service
(e.g., FedEx), in which event such notice shall be deemed received upon the earlier of the actual date of
receipt or the day after deposit with the nationally -recognized overnight delivery service.
Notwithstanding the foregoing, actual notice, however given and from whomever received shall always
be effective, and any notice given by an Owner's attorneys, shall, for all purposes, be deemed to have
been given by such Owner. All such notices shall be addressed to the appropriate Owner at the address
set forth below, or at such other address as an Owner may specify from time to time by notice to the other
Owners:
If to MW: MW Jasper Investors, LLC
Attn: Katie Vila
1109 W. Main St., Ste. 390
Boise, Idaho 83702
If to KW: KW Jasper, LLC
Attn: Kent Mouton
151 S. El Camino Dr.
Beverly Hills, California 90212
If to Pine: Pine QOZB, LLC
Attn: Katie Vila
1109 W. Main St., Ste. 390
Boise, Idaho 83702
5. Not a Public Dedication. Nothing herein contained shall be deemed a grant or
dedication of any portion of the Property to the general public, it being the intention of the Parties that this
Agreement shall be strictly limited to and for the purposes herein expressed.
6. Amendment. This Agreement may not be amended or modified in any way except by an
instrument in writing executed by all the Owners of all the Lots.
7. Attorneys' Fees. In the event of any controversy, claim, or action being filed or
instituted between the Owners to interpret or enforce the terms of this Agreement, or arising from the
breach of any provision hereof, the prevailing Owner(s) shall be entitled to receive from the non -
prevailing Owner(s) all costs, damages, and expenses, including, without limitation, reasonable attorneys'
fees incurred by the prevailing Owner(s) (prior to trial, at trial, on appeal, and during any post -judgment
collection activities).
8. Miscellaneous. The section headings of this Agreement have been inserted for
convenience of reference only and shall not affect any construction or interpretation of this Agreement.
This Agreement shall be governed in all respects by the laws of the State of Idaho. Each Owner agrees to
take such further acts and execute such further documents and instruments as may be reasonably required
to consummate the transactions contemplated herein. The invalidity or unenforceability of any provision
of this Agreement shall not affect the validity or enforceability of any other provision hereof. All time
periods in this Agreement shall be deemed to refer to calendar days. If the last date on which to perform
any act, give any notice, or be deemed to have received any notice under this Agreement shall fall on a
Saturday, Sunday, or holiday observed by the state courts sitting in Ada County, Idaho, such act or notice
shall be deemed timely if performed or given, or such notice shall be deemed received, on the next
succeeding day that is not a Saturday, Sunday, or holiday observed by the state courts sitting in Ada
COMMON MAINTENANCE AGREEMENT - 3
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