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Haven Cove Subdivision #1 Covenants MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE 10 \J The Motion was made by Giesler and seconded by Yerrington to approve the preliminary plat on Meridian Place #3 and that the square footage of the homes comply with our Ordinances and the duplex lots be allowed and that the walkway to the school be allowed and that lot #23 be included to possibly be a well site for the City of Meridian. Motion Carried: All ITEM #5: FINAL PLAT Currie: I guess we Engineer's comments. Eng. Smith: Yes. Carrie: Any other pi Yea: ON MERIDIAN PLACE SUBDIVISION: have a couple of controversial areas in the #4B will have to be changed, right? ^oblems that you have? Eng. Smith: There was concern from the property owner that lives to the west of the subdivision concerning access to his irrigation box. The short length of drain ditch that exists running north and south in the southwest corner of this subdivision apparently, and I haven't been out to verify it, is on this property and the property owner to the west has concern that if that isn't piped with a perforated pipe that it could cause some drain water problems in that area. The other thing is the easement for the Jackson Stub Drain, that needs to be coordinated with Nampa Meridian Irrigation District along with the method of tiling that ditch and I need to have a copy of that approval letter before I can sign the plat. The Motion was made by Currie and seconded by Giesler to approve the Final Plat on Meridian Place Subdivision with the stipulation that the City Engineer's comments all be meant. Motion Carried: All Yea: ITEM #6: COVENANTS ON HAVEN COVE SUBDIVISION: The Motion was made by Yerrington and seconded by Giesler to approve the Covenants on Haven Cove Subdivision conditioned upon the attorney's recommendations being meant. Motion Carried: R11 Yea: May 1, 1992 MAYOR COUNCIL MFI~ffiERS ATTORNEY ENGINEER ATTACHID ARE THE COVENANTS FOR THE HAVEN COVE # 1 SUBDIVISION FOR YOUR REVIEW, THFSE WILL BE ON THE COUNCIL AGENDA FOR MAY 19, 1992: JACK NIFMANN CITY CLERK HAVIN COVE No. 1 SUBDIVISION RESTRICTIVE COVENANTS The undersigned, being the owners of the property hereinafter described, do hereby adopt the following protective covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as HAVEN COVE Na 1 Subdivision, a portion of the N 1/2, of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. The said HAVEN COVE NO. 1 Subdivision is divided into single family residential lots in compliance with the local and state regulations and lanes. The following covenants shall run with the land and be in force and effect as outlined below unless or until terminated by agreement of the owners of seventy-five percent (75%) of the land in the subdivision and after all lots therein have been solo by Interwest Development Corp., hereinafter called "Developer". Modification or ternunation of these covenants can only be made with the consent of the Developer while any lots in this subdivision remain in the ownership of the Developer, and are as follows: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or perffitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural Committee. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quafity, and generally in harmony with the dwellings then located on said property. (2) Variances in buikding set back requirements shown on plat may be given by the Architectural committee upon proper showings and so long as the Meridian City oniinanoes on set-backs are met. (3) The ground floor area of the one-story house in this subdivision shall not be less that 1300 square feet on the ground floor excluding covered porch areas, breezeways, garages or patios. T1vo-story and tri-level homes shall have not less than 1400 square feet, exclusive of the covered porches, entrances, gara~s or patios. One-level homes with basements shall have a nnnimum of 2400 square feet with the ground level having a minimum of 1200 square feet, also excluding covered pords areas, breezeways, garages or patios. (4) The value of each constructed residence shall equal or exceed $78,000 based on July, 1992 values. (5) The design of each house in this subdivision shall endeawr to include aesthetic qualities such as brick, redwood, cedar, or stone facings on the front exposure. Bay windows, roofs of at least 4 in 12 pitch, broken roof lines, gables, hip roofs, etc. E4terior colors of earth tones or grays shall be encouraged. Bright or bokl colors, or very dark colors shall be discouraged. (6} No gravel roofs, split entry homes, or moving of pre-built homes into subdivision. (7) All lots shall be provided with a driveway containing a minimum square footage such that two off-street automobile parking spaces are provided within the boundaries of each lot. (8) All such parking area requirements shall be exclusive of a required attached and enclosed two car garage area which will hold no less than two cars and no more than three. (9) For the purpose of the covenants, eaves, steps, and open pordres shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be in excess of two sroories above natural ground level. (10) Fences shall not extend doser to a~ street than twenty feet (20), with the exception of those lots backing Cherry Lane, nor higher than six (6) feet without express approval of the Architectural Committee and the Meridian City Council, and shall be of good quafity and workmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable ar n~ous or nuisance use. The determination of the Ardritectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. (11) No Duplex ~ multi-family building shall be located within the boundaries of this subdivision except for a Planned Unit Development of 2 Acres or larger as appro~d by the Meridian City Counctil. (12) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof, to be completed within eight (8) months. (13) landscaping of front yard is to be within 30 days of substarnial completion of home, or within 30 days of occupancy, to include but not be limited to sod in front yard, one flowering tree of at lease 1 1/2" caliper, three (3) five gallon plants and five (1) one gallon shrubs. In the event of undue hardship due to weather conditions, this provision maybe extended for a reasonable length of time upon written approval of the Ardritectural Committee. Grass will be planted in the back yard within one year of occupancy. (14) Each home is to have a Photosensitive yard or house light installed such that the front yard area between the house and the front property line is illuminated. The light is to be designed to automatically switch on at sunset and off at sunrise with a minimum bulb power of 60 watts. (15) No building shall be moved onto the premises. (16) No shack, tent, trailer house, or basement only, shall be used within the subdivision far living quarters, permanent or temporary. (17) Nothing of an offensive, dangerous, odorous, ar noisy kind shall be conducted or carried on nar shall arrything be done or permitted in said subdivision which may be or become an annoyance ar nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than four (4) inches. (18} Keeping ar raising of farm animals ar poultry shall be prohibited. A maximum of two dogs and two cats ar household pets kept on these premises in compliance with the all City of Meridian ordinances shall be properly fed and Gazed for and shall be adequately fenced so as not to annoy ar trespass upon the use of the property of others. Any other requests by lot purchasers must be approved by the Ardritectural Committee. Dogs shall not be allouved to run at large. (14) No business shall be conducted on the above property unless legally permitted under the existing and prevailing zone restrictions. If permitted, no business ar commercial use shall be allowed that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (20) Only one (1) outbuikding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by the An;hitectural Committee. (21) No building or structure shall be placed on said property so as to obstruct the windows ar light of any adjoining property owner in said subdivision. (22) Additional easements: In addition to any easements shown on the recorded plat, an additional (5) foot easement may be reserved five (5) feet on a~ side of all other easement lines, if necessary, for the installation and maintenance of utilities, irrigation and draina~. (a) Within these easements no structure, planting ar other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, ar which may dlan~ the direction or flow of water through drainage channels in the easements. (b) The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except far those improvements for which a public authority ar utility is responsible. • ! (23) This subdivision is within the Nampa-Meridian Irrigation District and subject to any and all assessments of said district. The developer has made provisions that provide for future delivery of irrigation water to the individual lots. The actual operation and maintenancod expense of said system, if constructed, is the obligation of the lot owners, andJor HAVEN COVE HOMEOWNERS ASSOCIATION, INC.at their option, and not the developer. (24) All bathroom, sink and toilet fadlities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer mffiection lines. (25) No sign of any kind shall be displayed to public view on anybuilding or building site on said property except a professional sign of not more than five (5) square feet advertising the property for sale or lent, or signs used by the developer to advertise the property during construction and sales period. If a property is sold or rented, airy sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "sold" sign for a reasonable period following the sale. (26) No lot or building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted Receptacles for starage of trash, garbage, eta, shall be maintained in a sanitary and dean condition. (27) Parking of recreational vehicles, boats, trailers, motorcycles, trucks, truck- campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, and no portion of same may project beyond the enclosed area Parking of automobiles or other vehicles on any part of the property or on public ways adjacent thereto shall be prohrbited except within garages, carports, or other approved areas. The Ardtitectural Committee shall be the sole and exclusive judges of approved areas. Their decision is final and binding. (28) No machinery, buikling equipment or material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building materials which then shall be placed within the property line of such building site upon which the structure is to be erected (29) Installation of radio and(or television antennae or satellite dishes is prohrbited outside arty buiklingwithoutovritten consent from the Ardtitectural Committee, which would require them to be screened from street view. • 5 • (30) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of this record'mg thereof, afterwhich time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of 75% of the land of this subdivision has been recorded agreeing to change or terminate said covenants in whole or part and after all lots therein have been sold by the Developer. Modification or terffination of these covenants can only be made with the consent of the Developer so long as arty lots in this subdivision remain in Developer's ownership. (31} Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be had by any property owners within said subdivision either at law or equity. Tn the event of judgement against airy person for suds the Court may award injunction against airy person for such violation, require such compliance as the Court deems necessary, award suds damages, reasonable wunsel fees and Court costs as maybe suffered or incurred, and such other or further refief as maybe deemed just and equitable. (32) A~+ Owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant ar restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. (33) A committee of three persons shall act as an architectural design committee and shall, prior to any new construction in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said subdivision and shall be allowed ten (10) days to review said plans, drawings, and specifications. If said committee shall approve of the proposed building, or modification or alteration thereof, they shall so indicate by the dating and sigrring of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to deten~nine what shall be substantial compliance without prior consent of said committee. The committee shall consist of the following: A Leon Blaser 3785 Twilight Dr. Boise, )fd 83703 Bruce Blaser 4378 Kitsap Dr. Boise,ld 83703 Lee R. Stucker 2695 W. Chevy Lane Meridiam Id 83642 After the developer has solo all the lots in this subdivision, the Architectural Review Committee shall be turned over to the residents of the subdivision and not before. Amending these covenants shall not affect this provision. A majority of said committee is empowered to act far the committee. In the event any member of the committee is unable to act ar fails ar desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, atl of whom serve without compensation. (34) Damage to Improvements: u shall be the responsibility of the builder of any residence in this subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation lines if airy, and ut~7ity facilities free of damage and in mod and sound condition at the conclusion of the construction period. Fine grading on each individual lot shall be required to confarm to the master drainage plan of the subdivision. It shall be conclusively presumed that all such improvements are in good, sound condition at the time building is begun on each lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall fast occur, which notice addressed to a member of the Ardritectural Committee. (35) Invalidation of one of these covenants shall in no way affect any of the other provisions which shall remain in fuIl force and effect. ROME OWNERS ASSOCLATION (36) Membership: Every person or entity who is a record owner (including contract sellers) of a fee or undivided fee interest in any lot located within said property shall by virtue of such ownership, be a member of the Association. When more than one person holds sudr interest in any occupied lot, all suds persons shall be members. The foregoing is not intended to include persons ar entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any such lot subject to assessment by the Association. Such ownership of any sudr lot shall be the sole qualification for becoming a member, and shall automatically commence upon a person becorrring such owner, and shall automatically terminate and lapse when sudr ownership in said property shall terminate or be transferred. The Association shall maintain a member list and may require written proof of any member's lot ownership inrterest. As additional phases of HAVEN COVE SUBDIVISION are formed and brought to completion, the new phase will automatically be integrated into the Association, with all restrictions and privileges applied. The financial reports, books and records of the Association may be examined, at reasonable tunes, by arty member ar mortgagee. (37) Voting Rights: Each member shall be entitled to cast one vote or fractional vote as set forth herein far each lot in which he holds the interest required for membership. Only one vote shall be cast with respect to each lot. The vote applicable to arty lot being sold under a oornract of sale shall be exercised by the contract vendor unless the contract expressly provides otherwise and the Association has been notified, in writing, of such provision. Voting by proxy shall be permitted. (38) Officers and Directors: At an annual meeting called pursuant to notice as herein provided far establishment of annual assessments, a Board of Directors of the Association shall be elected by ballot of those attending said meeting and voting by praary, provided that the total of all votes cast shall represent a quorum as hereinafter provided There shall be three directors elected to serve for a period of three years. Election shall be by popular vote, the nominees receiving the three highest vote totals shall be deemed elected. Each member shall be entitled to vote for three nominees per membership. In the event any director shall be unable to complete the term for which elected, the remaining directors are empowered to appoint a substitute to serve out the unexpired term (39) The Association shall operate, control and maintain any common areas. The Association shall have the right to dedicate or transfer all or arty part of the common areas to arty public entity, authority, or uttliiy far such purposes and subject to such conditions as may be agreed to by the members. No sudr condition to transfer shall be effective unless authorized by members entitled to cast two-thirds (2J3) of the majority of the votes at a special or general member's meeting and an instrument signed by the Chairman and Secretary has been recorded in the appropriate county deed records, agreeing to sudr dedication or transfer, and unless written notice of proposed action is sent to every member not less than fifteen days (15) nor more than thirty (30} days prior to such dedication or transfer; and the Association shall have the right to suspend arty voting rights for any period during which any assessment against said member's property remains unpaid; and for a period not exceeding thirty (30) days for each infraction of its published rules and regulations. (40) Each owner of arty Lot by ratification of these covenants or by acceptance of a deed or contract of purchase therefore, whether or not it shall be so expressed in arty sudr deed or other conveyance or agreement for conveyance, is deeded to covenant and agree to pay to the Associarion (1) regular annual or other regular periodic assessments or charges not to exceed $18 per year, (2) special assessments for capital improtAemerns, sudr assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and cost of collection thereof, as hereinafter provided shall be a drarge on the land and shall be a continuing lien upon the property against which such assessment is made. Each sudr assessment, together with such interest, ousts and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of sudr property at the time such assessment was levied. The obligation shall remain a lien on the property until paid of . 8 • foreclosed, but shall not be a personal obligation of successors in title unless expressly assumed. The assessments levied by the Association shall not be used for any purpose other than the improvement and maintenance of the Common Area. Subject to the above provision, the Association Directors shall determine the use of assessment proceeds. Itr addition to the regular assessments authorized above, the Association may levy ]n any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement, provided the assent of atwo-thirds (2/3) majority of the complete votes represented by those members who are voting in person or by prcary at the meeting duly walled for this purpose is obtained, written notice of which shall be sent to all members not less than fifteen (15) days nor more than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. Both regular assessments and arty special assessments must be fixed at a uniform rate for all occupied lots and maybe collected on an annual, quarterly, or monthly basis in the discretion of the Directors. (41) At the fast meeting called, the presence at the meeting of members or of proxies to cast sixty percent (60%) of all votes of the members shall constitute a quorum If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements. No subsequent meeting shall be held more than sixty (60) days following the date of the meeting at which no quorum was forthcoming. (42) All lots shall be subject to the atmual or monthly assessment provided for herein on the first day of the month following the action of the Board. The Board of Directors shall fix the amount of the regular assessment at least thirty (30) days in advance of each assessment period. Written notice of the assessment dates shall be established by the Board of Directors. The Association shall, upon demand at arty reasonable time, famish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a particular lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. (43) A~+ assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due dale, the assessment shall bear interest fi om the date of delinquency at the rate of eighteen petaent (18%) per axmum. The Secretary of the said Association shall file in the office of the County Recorder, Ada County, Idaho, a lien reflecting the amount of arty such dnarges or assessments, together with interest, as aforesaid, which have become delinquent with respect to any Lot on said property, and upon payment in full thereof; shall execute and file a proper release of the lien • 9 releasing the same. The aggregate amount of such assessments, together with interest, costs and expenses and a reasonable attorney's fee for the Bing and enforcement thereof, shall constitute a lien on the whole lot (including any improvement located thereon), with respect to which it is filed from the date the lien is filed in the office of the said County Rewrder for Ada County, Idaho, until the same has been paid or released as herein provided. Such lien may be enforced by said Association in the manner provided by law with respect to liens upon real property. The owner of said property at the time said assessment is levied shall be personally liable for the expenses, acts and disbursements, including attorney's fees of the Declarant or of the Association, as the case may be, of processing and if necessary, enforcing such liens, all of which expense, costs and disbursements and attorney's fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements and fees on appeal, and such owner at the time sum assessment is levied shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of Common Areas of abandonment of his lot. (44) The sale ar transfer of any lot or any other part of said property shall not affect the assessment lien. No sale or transfer shall refieue such lot from liability for any assessments thereafter becoming due or from the liming thereof. (45) The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and accepted by a local public authority; (b) any other properties owned by the Association. (46) The Association shall prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair and other common expenses for the Association's next fiscal year and which shall be suffiaent to pay all estimated expenses and outlays of the Association far the next calendar yv;ar growing out of or in connection with the maintenance and operation of common areas and improvements and may include, among other things, the oust of maintenance, management, specral assessments, fire, casualty and public liability insurance, common lighting, landscaping, and care of grounds, repairs, renovations, and paintings to common areas, snow removal, wages, water drarges, legal and accounting fees, mana~ment, fees expenses and liabilities incurred by the Association farm a previous period, and the caearion of arty reasonable contingency or other reserve fund, as well as all ousts and expenses relating to the common area and improvements. (47) The Association shall be responsible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annum planting of flowers (if any), payment of b~11s and related expenses for any Common Areas. The Directors shall become the Ardritecturat Committee as provided in Paragraph • 10 • 33 upon the sale of the last lot in a~+ future phases of Chateau Meadows East Subdivision. (48) The Board of Directors are empowered to obtain appropriate liability, casualty, fire or errors or omissions or other insurance to properly protect the actions of the Association or facilities maintained, owned or controlled by the Association as a oust to the Association. (49) Invalidation of one of these Covenants shall in no way affect any of the other provisions which shall remain in full force and effect. A. Leon Blaser, President STATE OF IDAHO ) ss COUNTY OF ADA On this __th day of _ ___ , 1992, before me, a notary public in and for said State, personally appeared A. Leon Blaser, ]mown to me to be the President of ]nterwest Development Corporation, whose name is subscribed to the foregoing instrument, and aclmowledgzd to me that he executed the same. Notary Public Residing at: Commission E~rpires: Rescav (7) All lots shall be provided with a driveway containing a minimum square footage such that two off-street automobile parking spaces are provided within the boundaries of each lot. (8) All such parking area requirements shall be exclusive of a required attadred and enclosed two car gara~ area which will hold no less than two cars and no more than three. (9) For the purpose of the covenants, eaves, steps, and open porches shall not be considered as part of a buiking, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be in excess of two stories above natural ground level. (10) Fences shall not extend doser to arty street than twenty feet {20), with the exception of those lots backing Cherry Lane, nor higher than six (6) feet without express approval of the An;hitedural Committee and the Meridian City Council, and shall be of good qua]ity and workmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to wnstitute an undesirable or noxious or nuffiance use. The determination of the Ardritectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. (11) No Duplex or multi-family buikdng shall be located within the boundaries of this subdivision except for a Planned Unit Development of 2 Ages or larger as approved by the Meridian City Council. (12) Construction of any residences on the subdivision shall be diligerrtly pursued after commencement thereof; to be completed within eight (8) months. (13) Landscaping of front yard is to be within 30 days of substantial completion of home, or within 30 days of occupancy, to include but not be limited to sod in front yard, one flowering tree of at lease 1112" caliper, three (3) five gallon plants and five (1) one gallon shrubs. In the event of undue hardship due to weather conditions, this provision maybe extended for a reasonable length of time upon written approval of the Ardritectural Committee. Grass will be planted~in the back yard within one year of occupancy. ~ Sa ~~~ (14) Each home is to have aPhoto-SensBive yard or house light installed such that the front yard area between the house and the front property line is illuminated The light is to be designed to automatically switch on at sunset and off at sunrise with a minimum bulb power of 60 watts. (15) No building shall be moved onto the premises. (16) No shack, tee, trailer house, or basement only, shall be used within the • 3 • subdivision for living quarters, permanent or temporary. (17) Nothing of an offensive, dan~rous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than four (4) inches. ~, (18) Keeping or raising of farm an - or pohltry shall be prohibited. A ma7rimum of two dogs and two cats or household pe. kept on these premises in compliance with the all G5ty of Meridian ordinances shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Any other requests by lot purchasers must be approved by the Architectural Committee. Dogs shall not be allowed to run at large. (19) No business shall be conducted on the above property unless legally permitted under the elosting and prevailing wne restrictions. If,permitted, no business or commercial use shall be allowed that catmot be conducted within the residence of the owner. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (20) Only one (1) outbuilding per lot will be allowed. All outbuildings shall be constructed of good quafity buikGng material, completely fixrished and painted on the outside and shall be of good quality and diaracter that will be in harmony with the other buildings on said property and must be approved by the Arrchitectural Co~rittee. (21) No building or structure shall be placed on said property so as to obstruct the windows or light of any adjoining property owner in said subdivision. (22) Additional easements: In addition to any easements shown on the recorded plat, an additional (5) foot easement may be reserved five (5) feet on any side of all other easement lines, if necessary, for the installation and maintenance of utilities, irrigation and drainage. (a) Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may dzange the direction or flow of water through drainage channels in the easements. (b) The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. 5 • (30) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of this tecordmg thereof; afterwhich time such covenants shall be automaticallyextended for successive periods of ten (10) years, unless at any time after the ixritial recording of this instrument, an instrument signed by the owners of 75010 of the land of this subdivision has been recorded agreeing to change or terminate said covenants in whole or part and after all lots therein have been sold by the Developer. Modification or tertmnation of these covenants can only be made with the consent of the Developer so long as atry lots in this subdivision remain in Developer's ownership. (31) Enforcement against any person or persons violating or attempting to violate arty covenant herein after ten (10) days notice thereof in writing served on the offending patty, shall be had by arty property owners within said subdivision either at law or equity. In the evetrt of judgemetd against airy person far suds the Court may award injunction against atry person for such violation, requite such compliance as the Court deems necessary, award sudt damages, reasonable counsel fees and Court ousts as maybe suffered or incurred, and sudt other or further refief as maybe deemed just attd equitable. (32) Atry Owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and dtarg.,s now hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. (33) A wmtnittce of three persons shall act as an architectural design committee and shall, prior to any new construction in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said subdivision and shall be allowed ten (10) days to review said plans, drawings, and specifications. ff said committee shall approve of the proposed building, or modification or alteration thereof, they shall so indicate by the dating and sigcnng of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to determine what shall be substantial compliance without prior consent of said committee. The committee shall consist of the following: A Leon Blaser 3785 Twilight Dr. Boise, Id 83703 Bruce Blaser 4378 I{itsap Dr. Boise, Id 83703 Lee R. Stucker 2695 W. Cherry Lane Meridiam Id 83642 After the developer has solo all the lots in this subdivision, the Architectural Review Committee shall be turned over to the residents ~ the subdivision and not before. Amending these covenants shall not affect this provision. ~'L~"" IV"