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The Vineyards #1 CovenantsaPPlica laced witdhinrfi~veor kenne~shall be be D°g runs IS) fee f Permit[ to place or kennels a set-back ed be event and maintained shall line where shall such to the °nlY be permitted such kennels or rear of dwellin tO ,facilities be visible from es and in no laws and rules. shall a street. All comply 'with 2.10 ~'" ~ ~ ~~ 11 applicable Garbaee and '"7~- garbage, refu~- -'-- Re~s~ Di soosal . ~ t".(~it~,~y remain on °r debris rubbish, withi the Proper] shat `~ No n the Y ezce be placed or trash, such interior of pt trash allowed to material shall a Unit in kept and maintained e4uipment only be sanitary containers, be for the stora kept 1° sanitar All -kept in a clea $e or disposal Y COntainers. All n. neat and sanitar of such material shall 2.11 Water Y condition. system shal p 5~~~ No individual domestic permitted on any Lot. water 2.12 Seaae supply system shal-l p - DiSD= s~ No sublet[ the permitted individual sewa to followin °n any Lot. ge disposal Meridian[ B sewer All Lots shall requirements of be 2.12.1 the City of connectingm~othly sewer char according tO the Cit Be must be paid after the ordinance~eridian public and laws sewer system, 2'12.2 Each of the City, went of Public Depart Owner shWaorksubmtt Dte Pection by the or other De the ins connected partment whenever a subdivided[ to the °f Building, on and within its sewage system Lot is Property, constructed and tO be 2.12 3 installed The applica subdiv of Meridianrthe~rihallOandrherebyidoes ision, or Lot gainst the Owner ght and power vest in the City part thereof °f the tO bring all actions stated. f°r the collectioneS hereby conve of any char Yed or 2 13 ht _/ ges herein hedge or Sim Distance ~j elev shrub ~'-~ t Intersections. ations planting w ich obstruc No roadwa between two , fence. wall, Y shall be ~°) and six t )s st8ht lines at Lot within the placed or permitted feet above lines triangular i° remain the and a line connects area formed °n any corner intersection of the nB them at by the Pro street Points ~30lreet Property perty corner from lines, or ) feet from lines elite the intersectiontofthe case of the on nded. The same the a rOUnded any Lot within sight-line street pro street pr°Qert ten (10) feet limitation perty Pavement, Y line with the edfrots the intersechion oPPaY dista NO tree-shall be ge of driveway or nces of such inte Permitted alley maintained at rsections tO remain w such sufficient unless the fols ithin such sight lines. height to prevent age line is obstruction of to 2'14 Declarant's ~~- R=-l~. De c l a r a n t construct resi ences and other inprovementsvUpon right the THE VINEYARDS any Lot SUBDIVISION DECLARATION _ 6 ~'ie' the save with completed~ructures thereon sale to individual Owners. for 2.15 oats. Campers trailers, tractors-`-''" and Other Vehicles. trailers recreational vehicles~~ No boats, vehicle orcempers, ^otorhomes, automobile (1'e'' any vehicles, orgsimilar) dilapidated, unre airedPers or equipment or unsisimilar trucks (workin motorcycles, snoamobiles~) (3/4) of g O7 non-working) greater than three= a ton in size shall regularly or as quarter practice be parked or stored on an (includin a matter of 8 streets and driveways) unlession of the Pro structure or screened enclosed by aPerty writing, by the Architecturalew in a manner Committee, approved, ;n Notwithstanding the foregoing, any boat or recreational vehicle which is in order may be stored camper trailer front on the side good repair and working and rear yard set-backs yard of a Lot between fence and if the vehicle if screened by a six the dimensions: eight (8) does not exceed the followingt t6') and ten (lp)~ feet wide, tweet not be locatedeet high, Provided Y-seven (27) feet adjacent however, such store long to the street on a corner Lot $e may 2.16 Bathrooms. facilities shah aside bathrooms, sink and toilet connected by under residence system. Bround pipes direct buildings and shall be Y with the sewer 2.17 Antennae. receivers, oror r-ad-_BeTlialslevision , satellite antennae Property other than within shall be installed the interior on the 2.18 Hazardous °f a Unit. conducted on °~- Activ~it-_ No might be in any Unit activity shall be unsafe or hazardous Lot or Common Without limftin to Area which is shall 6 the generality ofYtperson or pro or be dischar he fore Perty, be lighted ged upon said g°ing, no firearms contained or permitted on an pr°Perty; no open fires barbecue unit a Y prOpertY except in shall purposes, or with a saf hale attended and in a self- fireplace, (exce a and well-desi use for cooking Common Areas Pt such picnic fires gned interior and attended designed for such in Portions of said land, fires required for use or) except such controlled clearing or maintenance of 2.19 Unsi~ Permitted ~= Articles, visib tO remain o~ NO unsigh(]y articles ]imitin from any other portion °r Common Area as to behall be shall g the foregoin °f the Propert be hung, dried or nO clothing or household Without from any other aired fabrics shrub Portion of the pnosuch a way as to be visible or tree clippings or Petty. No metals, buildin Plant lumber, grass, similar g °L other materialsste, comp st Piles, material or articles O7 scra]~ to accumulate on shall a or other enclosed any Portion of be kept, stored or allowed structure or the Propert ?PProved, in writs appropriately screened except within 'Screened" from view an from a is d ine as the Architectural Committee, as Ye level, at grade, afng concealed all points °r made non-visible o a0 within the Pryo~pe,~rt~y, THE VINEYARDS SUBDIVISION ,DECLggpTION/ ~" Nw u ' _"l' - 7 ~"""~. Iron: any Logo ~~ ~~und - (;eneral u light shall be bri ht~ C°m1°O° Area which emitted g causes unreasonable ght is unreasonably emitte rom any Lot or CommongArea which sisnunreasonably loud or annoying, and no odors shall be emitted on any property which are noxious or offensive to others. 2 21 Construction. During the course of actual construction of an contained in this Declaration androvements, the restrictions declarations shall be deemed waivednY supplemental to Permit such construction 1O the extent necessary of such construction Provided that durin in a violation nothing shall be g the course construction andf these restrictions done which will result all construction shaljobecompletion of prosecuted to completion, continuousl dill gently ,, Y and without delays, x.22 Re-Construction. necessary to reco In anY case where Common nstruct a Unit or it is Area, said re-construction shallimprovement diligently, continuousl in the commenci Y and without delae prosecuted nted of a ng thuselessntil such structure issfullm ttme only for such time prevented by causes Y completed that such causes be}•ond control continue, and 2.23 Afaintenance improvements °n~-~ aid Repair from Y Lot shall~~' In the event the anY cause, the suffer damage or destruction restoration Owner thereof shall • and reconstruction undertake the days of such damage or destructionreof within repair, ninety (90) 2'24 Fences, design and ~~ All fences shall construction. No be fences or fences chain-link of vertical cedar Side fences °{ basket-weave fences, gra e on corner lots design shall p stake line to r ;tr line of t may extend onl be allowed, he, re;idence, q }• fr°m the rear ~~ 2 5 P a t ~'l 'r't'e., ® /.,~~,. ,~ L o t restrictions C-Ondi-~tio~~ All hereb and other covenants, conditions to the samerPorated by referenceeandorth on all Plats eyed notice is hereby given .26 2 Front and the side - and Side Yards, must be Yard of any LOi-~ The front planted with which is Yard of each Lot substantial sOd within twent ad)acent to a street occur, or asCOmpletion, or occu Y-one (~1) sO°n thereafter Pancy. whichever da)s of remaining portions of as the w shall Planted the Bather first with Yard area Permits. All months of occuod~ seeded and/or landscapedh Lot must timel Pancy of be Y comply with the Unit. The ~ within six (6) to perform this paragra h failure of exterior mainte p shall constitute he Owner to the Grantor shall have Hance and a failure Section all the Association 2.3, or any other rights and remedies and/or provision of this p1Ovided in 2.27 Declaration, cli NO Dumnine Ppings, rubbish-~, Trash° excavation material, placed or allowed to remain garbage, refuse grass or without or debris Yard the prior written A on any vacant shall be Architectural PProval °r unimproved Lot Committee, of the Declarant the The Owner of any Lot who or THE VINE dumps such YARDS SUBDIVISION pECLARATION - g APRIL 13, 1992 MAYOR COUNCIL MEMBERS ATTORNEY ENGINEER ATTACHED ARE THE COVENANTS ON THE VINEYARDS SUBDIVISION FOR YOUR REVIEW: THIS WILL BE AN AGENDA ITEM FOR APRIL 21, 1992: Jack Niemann City Clerk DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS ['OR THE VINEYARDS SUBDIVISION THIS DECLARATION is made effective on the day of 1992, by MAX A. BOESIGER, INC., and Idaho corporation hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the "Property," more particularly described as follows: 'r HE Vineyards, Phase 1, a portion of the N 1/2 of the NE 1/4 of Section 1]., Township 3 N., Range 1 W, of the Boise Meridian, City of Meridian, Ada County, Idaho according to the official plat thereof recorded as Instrument No. records of Ada County. NOW, THEREFORE, Grantor hereby declares that 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, covenants, conditions, reservations, easements 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, covenants, conditions, reservations, easements and restrictions set forth herein shall run with [he land constituting the Property and with each estate therein and shall be binding upon all persons 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 interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee or Owner and his respective successors in interest, and may be enforced by Grantor, by any Owner or his successors in interest. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and 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, nor Grantor's right to post signs incidental to construction, sales or leasing. THE VINEYARDS SUBDIVISION DECLARATION - 1 ARTICLE I DEFINITIONS 1.1 "Articles" shall mean the Articles of Incorporation of the Association. 1.2 "Assessments" shall mean those payments required of Owners and Association Members including Regular, Special and Limited Assessments of the Association as further defined in this declaration. 1.3 "Association" shall mean and refer to The Vineyards Homeowners' Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.4 "Association Rules" shall mean those rules and regulations promulgated by the Association governing conduct upon the use of the Property under the jurisdiction or r_ontrol of the Association, the imposition of fines and forfeitures for violation of Association Rules and Regulations, and procedural matters for use in the conduct of business of the Association. 1.5 "Beneficiary" shall mean a mortgagee under a mortgage or beneficiary under a deed of trust, as the case may he, and/or the assignees of such mortgagee, beneficiary or holder, which mortgage or deed of thrus4 encumbers parcels of real property on the Property. 1.~ "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association. 1.7 "Building Lot" shall mean and refer to any plot of land showing upon any recorded plat of the Property with the exception of Common Area 1.8 "Bylaws" shall mean the bylaws of the Association. 1.~ "Committee" shall mean the Architectural Committee described in Article VI hereof. 1.10 "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. 1.11 "Declaration" or "Supplemental Declaration" shall refer [n this declaration as hereafter amended and supplemented from time to time. ].. 12 "Declarant" shall mean and refer to Max A. Boesiger, Inc., an Idaho corporation, and its successors and assigns, if such successors and assigns should acquire more than one (1) undeveloped Lot from the Declarant for the purpose of development and as part of such conveyance, the Declarant assigns and transfers to such transferee the Declarant's rights with respect to such Lots. THE VINEYARDS SUBDIVISION DECLARATION - .2 1.13 "Granto~ shall mean and refer to ~e Declarant. 1.14 "Improvement" shall mean any structure, facility or system, or other improvement or object, whethei permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property; including, but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever. 1.15 "Lot" shall mean and refer to a Building Lot. 1.16 "Member" shall mean each person or entity holding a membership in the Association. 1.17 "Mortgage" shall mean and refer to any mortgage or deed of trust and "Mortgagee" shall refer to the mortgagee, or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor, or grantor of a deed of trust. 1.18 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding [hose having such interest merely as security for the performance of an obtigation. 1.t9 "Plat" shall mean the recorded Plat of THE VINEYARDS #1 and the recorded Plat of any other Properties annexed hereto. 1.20 ""Properties" or "Property" shall mean and refer to [he real property hereinbefore described, and such additions thereto as may hereafter be annexed and brought within the coverage of this declaration as more particularly provided for herein. 1.21 "Set Back" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road of Lo[ line. 1..22 °Unit" shall mean one residence which shall be situated upon a Lot. ARTICLE II GENF..RAL COVENANTS, CONDITIONS AND RESTRICTIONS 2. 1. Land Use and Building Tvpe. No Lot shall be used except for residential purposes, and no Lot or the Common Area shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing, the Board may, in its discretion and upon request by an Owner, allow an Owner to conduct a "garage sale" upon such Owner's Lot. No improvements shall be erected, altered, placed or permitted to remain on any Lot other than one designed to T'HE VINEYARDS SUBDIVISION DECLARATION - 3 accommodate uo mo~than one (1) single-famil~residential dwarlling. 2.1.1 Size Limitations. Split level and two (2) story Units shall have not less than 1400 square feet of interior floor area, exclusive of porches and garages. All other units shall have not less than 1300 square feet of interior floor area on the ground floor of the main structure, exclusive of porches and garages. 3.1.2 (iara¢es. Each Unit constructed with the Property sha71 include at least a two (2) car, enclosed garage which is an integral part of the Uni[ structure. 2.1.3 Roofing Material. The roof of each Unit may be constructed of asphalt shingles, or such other material as may he approved by the Architectural Committee in writing. 3.3 Architectural Control. No improvements which will be visible above the ground or which will ultimately affect the visibility of any above ground improvement shall be built, erected, placed or materially altered, including without limitation, change of exterior colors or materials, on the Property, unless and until the building plans, specifications, and plot plan have been reviewed in advance b~- the Architectural Committee and the same have been approved by the Committee. The review and approval or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and the other improvements on the Property which the Architectural Committee, in their reasonable discretion, deems relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the improvements. This Declaration is not intended to serve as authority for the Architectural Committee [o control the interior layout of design of buildings except to the extent incidentally necessitated by use and size requirements. 2.3 Exterior Maintenance: Owner's Obli¢a[ions. No improvements, including mail boxes and landscaping, 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 shall permit any improvement, including trees and landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, or damage to Property or facilities on or adjoining their L.ot which would otherwise be the Associations' responsibility to maintain, the Board, upon fifteen (15> days prior written notice to the Owner of said Lot, shall have the right to correct such condition, and to enter upon such Owner's Lo[ fc,r the purpose of doing so, and such Owner shall promptly reimburse the Association for [he cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth hen°i n. The Owner of the offending Lot shall be personally liable, and his Lot may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking IHE VINEYARDS SUBDIVISION DECLARATION - 4 such connective acT'ion, plus all costs incurr~ in collecting the amounts due. Gach Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefor, or the amounts may, at the option of the Board, be added to the amounts payable by such Owners as Regular Assessments. Each Owner shall have the remedial rights set forth herein if the Association fails to exercise its rights within a reasonable time following written notice. In the event the improvements nn any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction thereof within ninety (90) days of such damage or destruction. If after Hiner}- (90) days of the repair, restoration or reconstruction of such damaged or destroyed improvements have not taken place, the Association, upon fifteen (15) days prior written notice to the Owner of such Property, shall have the right to correct such condition, and to enter upon Owners Lot for the purpose of doing so and such Owner shall bear all costs incurred by the Association, a lien shall be applied to the Lot. ~.~t Improvements Location. No improvements shall be constructed in violation of set-back requirements established by law, or by this Declaration as set forth on the recorded plat of the Subdivision. _'.5 Nuisances. No noxious or offensive activity, including without ]imitation, those creating an offensive odor, shall he carried on upon any Lot or the Common Area nor shall anything be done thereon which may be or may become an annoyance or nuisance to [he neighborhood. 2.6 Temnoran• Strur_tures. No improvements of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily or permanently. 3.7 S u ns. No sign of any kind shall be displayed to the public view on any Lot except one sigh of not more than five (5) square feet advertising the Property for sale or rent, or signs used by a builder or the Declarant to advertise• the Property during the construction and sales period. l.8 Oil and Minine Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts he permitted upon the Property. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Property. 3.9 Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose and provided [hat the keeper of such pets complies with all city, and county laws, rules and THE VINEYARDS SUFSDIVISION DECLARATION - 5 regulations. No ~ runs or kennels shall be~ermitted to be kept or placed within five (5) feet of a set-back line where applicable. Dog runs or kennels shall only be permitted [o be placed and maintained to the rear of dwellings and in no event shall such structure be visible from a street. All such kennels or facilities shall comply with all applicable laws and rules. x.10 Garbage and Refuse Disposal. No rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on the Property except trash kept and maintained within the interior of a Unit in sanitary containers. A11 such material shall only he kept in sanitary containers. All Equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition. 2.11 Water Supplti°. No individual domestic water supply system shall be permitted on any Lot. _°.1' Sewage Disposal. No individual sewage disposal system shall be permitted on any Lot. All Lo[s shall he subject to the following sewer requirements of the Cit7 of Meridian: 2.12.1 A monthly sewer charge must be paid after connecting to the City of Meridian public sewer system, according to the ordinances and laws of the City. 2,1'_.2 Each Owner shall submit to inspection by the Department of Public Works, the Department of Eluilding, ur other Department whenever a subdivided Lot is to be connected to the sewage system constructed and installed on and within its Property. 2.1_.3 The applicant/Owner of this subdivision, or Lo[ or Lots therein, shall and hereby does vest in the City of Meridian [he right and power to bring all actions against the Owner of the premises hereby conveyed or part thereof for the collection of any charges herein stated. ^_.13 Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations beCween two (2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street Property lines and a line connecting them at points (30) feet from the intersection of the street lines, or in the case of a rounded Property corner from the intersection of the street Property lines extended. The same sight-line limitation shall apply nn any Lot within [en (10) feet from the intersection of a street property line with [he edge of driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. '_.14 Declarant's Rieht. Declarant reserves the right to construct residences and other improvements upon any Lot THE VTNEYARDS SCtADIVISTON DECLARATION - 6 and to offer the ~e with completed structur~ thereon for sale to individual Owners. 2.15 Boats. Campers, and Other Vehicles. No boats, trailers, tractors, recreational vehicles, (i.e. any trailers, campers, mo[orhomes, automobile campers or similar vehicle or equipment) dilapidated, unrepaired or unsightly vehicles, or similar equipment, motorcycles, snowmobiles, trucks (working or non-working) greater than three-quarter (3/4> of a ton in size shall regularly or as a matter of practice be parked or stored on any portion of the Property tincluding streets and driveways) unless enclosed by a structure• or screened from view in a manner approved, in writing, by the Architectural Committee. Notwithstanding the foregoing, any boat, camper trailer or recreational vehicle which is in good repair and working order may be stored on the side yard of a Lot between the front and rear yard set-backs if screened by a six foot (6') fence and if the. vehicle does not exceed the following dimensions: eight (8) feet wide, twenty-seven (27) feet long and ten (10) feet high. Provided, however, such storage may not be located adjacent to the street on a corner Lot. 2.16 Bathrooms. All bathrooms, sink and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.17 Antennae. No television antenuae, satellite receivers, or radio aerials shall be installed on the Property, other than within the interior of a Uni[. 2.78 Hazardous Activities. No activity shall be conducted on or in any Ltnit, Lot or Common Area which is or might be unsafe or hazardous to any person or Property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said Property; no open fires shall be lighted or permitted on any property except in a self- co~tained barbecue unit while attended and in use for cooking purposes, or with a safe and well-designed interior fireplace, (except such picnic fires in portions of said Common Areas designed for such use or) except such controlled and attended fires required for clearing or maintenance of land. ''2.19 Unsi¢htly Articles. No unsightly articles shall be permitted to remain on any Lot or Common Area as to be visible from any other portion of [he Property. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from any other portion of the Property. No lumber, grass, shrub or tree clipfiings or plan[ waste, compost piles, petals, building or other materials or scrape or other similar material or articles shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view as approved, i^ writing, by the Architectural Committee. "Screened" is defined as being concealed or made non-visible from eye level, at grade, at all points within the Property. THE VINEYARDS SUBDIVISION DECLARATION 7 '.~0 Light,~und - General. No light s~ll be emitted from any Lot or Common Area which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any Lot or Common Area which is unreasonably loud or annoying, and ^o odors shall be emitted on any propert}~ which are noxious or offensive to others. ~.~1 Consiruetion. During the course of actual construction of any permanent improvements, the restrictions contained in this Ueclaratio^ and any supplemental dec]araCions shall be deemed waived to the extent necessary to permit such construction, provided that during the course of such construction nothing shall be done which will result in a violation of these restrictions upo^ completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays. '_."3 Re-Construe[ion. In any case where it is necessary to reconstruct a Unit or any improvement in the Common Area, said re-construction shall he prosecuted diligently, continuously and without delays from time of commencing thereof until such structure is fully completed and painted, useless prevented by causes beyond control and only for such time that such causes continue. ~.'-3 Maintenance and Repair. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration and reconstruction thereof within ninety (90) days of such damage or destruction. 2.~A Fences. All fences shall be of vertical cedar design and construction. No chain-link fences, grape stake fence> or fences of basket-weave design shall be allowed, Side fences on corner lots may extend only from the rear Lot line to rear line of the residence. 2.'S Plat Conditions. All covenants, conditions and restrictions and other matters set forth on all Plats are hereby incorporated by reference and notice is hereby given to tl~te same. ~.^6 Front and Side Yards. The front yard of each Lot and the side yard of any Lot which is adjacent to a street must be planted with sod within twenty-one (21) daps of substantial completion, or occupancy, whichever shall first occur, or as soon [hereafter as the weather permits. All remaining portions of the yard area of each Lot must be planted with sod, seeded and/or landscaped, within six (6) month; of occupancy of the Unit. The failure of the Owner to timely comply with this paragraph shall constitute a failure to perform exterior maintenance and the Association and/or [}-ie Grantor shall have all rights and remedies provided in Se~.~tion '.3, or any other provision of this Declaration. ~.37 No Dumpin¢. No excavation material, grass or yard clippings, rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on any vacant or unimproved Lot, without the prior written Approval of the Declarant or the Architectural Committee. The Owner of any Lot who dumps such THE VINHYARDS SUBDIVISION DECLARATION - 8 material shall be I~Ule for the cleanup and/o~removal costs. ARTICLE fII PROPERTY RIGHTS 3.1 Owner's Easements of Eniovment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions. 3.1.1 The Association has the right to suspend the voting rights of an Owner for any period during which any assessment against his Lot remains unpaid. 3.1.2 The right of the association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed on by the members. Such dedication or transfer shall be effective upon the recording of an appropriate instrument executed by the President and Secretary of the association and upon which said officers affirm that the transfer or dedication was approved by the Owners of a majority of the Lots. 3. '_ Deleeation of hse. Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Commc!r; Area and facilities to the members of his family, guests, tenants or contract purchasers who reside on the propcrtl'. 3.3 Damaees. Each Owner shall be liable for any damage to such Common Areas or other property- owned or maintained by the Association which mac be sustained by reason of the negligence or willful misconduct of said Owner or of his fnmily and guests, tenants or contract purchasers, 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 r_orrecting such damage shall be cltarged as a limited assessment against the Owner and his Lot and may be collected as provided herein for the collection of other assessments. ARTICLE IV The VINEYARDS HOMEOWNERS' ASSOCIATION -1.1 Oreanizat~ion of AssociaCion. The Vineyards Homeowners association C"Association") is an Idaho Corporation formed under the provisions of the Idaho Non- profit Corporations Act and shall be charged with the duties and ingested with the powers prescribed by law and set forth i^ the ..lrticles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as [o be inconsistent with this Declaration. THE VINE1"ARDS SUBDIVISION DECLARATION - 9 4.2 Membershr Liach Owner of a Lot sut~ct to this Declaration (including the Declarant) by virtue of being such an Owner and for so long as such ownership is maintained, shall be a Member of the Association, and no Owner shall have rnen-e than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the --lssociaticn shall not be assignable, except to the succe€sor-in-interest of the Owner, and all memberships in th~° Association shall he appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to said Lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the 6ool:s of the Association. 4.3 Voting. The Association will have two C3) classes of eoting memberships. 4.3.1 Class A. Class A members shall be the Owners, with the exception of the Declarant, and shall be entitled [o one (1> vote fur each Lot owned. When more than one person holds an interest in any L,ot, all such persons shall be members. 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. 4.3.' Class B. The Class B member shall be the Declarant. Upon the recording hereof, Declarant shall be entitled to three (3) cotes for each Lot of which Declarant is the Owner. The class B membership shall cease and he converted to Class A membership on lanuar} i, 3010, or when the Declarant no longer owns any Lots within the property subject to the Declaration, whichever event shall first occur. 4.4 Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and snch officers as the Directors may elect or appoint, in accordance with the Articles, Bylaws, and this Declaration as the same. may be amended and supplemented from time to time. 4.5 Powers and Duties of the Association. -3.5.1 Powers. The Association shall have all the powers of a non-profit corporation organized under the: general non-profit corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws and this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Articles and the Bylaws, and to do and perform any and all acts which may be necessary or proper for, or incidental to the proper management and operation of the Common Area and the performance of the other r esponsibilities herein assigned, including without limitation: 4.5.1.1 Assessments. The power to levy assessments (Annual, Special and Limited) on the Owners of Lots IHG VINEiVARDS SUBDIVISION DBCLARATION - 10 and to~rce payment of such asses~ents, all in accordance with the provisions of this Declaration. 4.:i.1.°_ Right of Enforcement. The power and authority from time Co time in its own name, on ita 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 this Declaration of the Articles or the Bylaws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. 4.5.1.3 Dele¢ation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to any person, firm or corporation to act as manager. 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 to delegated. 4.5.1.4 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules, and regulations as [he Association deems reasonable and which are consistent with this Declaration (the Association Rules). The Association rules shall govern the use of the Common Area b}° the Owners, families of the Owners, or by an invitee, licensee, Lessee or contract purchaser of an}' Owner; provided, however, that t11e Association rules may not discriminate among Owners and shall not he inconsistent with this Declaration the Articles or P.,ylaws. 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 and posting, said Association rules shall have [he samr_ force and effect as if they where set Furth in and are a part of this Declaration. In the event of any conflict between such Association rules shall be superseded by the provisions of this Declaration, the Articles or the Bylaws to the extent of any such inconsistency. 1.5.1.5 Gmerxency Powers. 'The Association or any person authorized by the Association may enter upon anp Lot in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with nny maintenance or construction for which it is responsible. Such entry shall be made with as litkle inconvenience to the Owners as practicable and any damage. caused thereby shall be repaired by the Association. 4.S.l.fi Licenses. Easements and Ri hts-of-Wa°. The power io grant an convey to any t tr party such licenses, easements and rights-of-way in, on or under the Common Area as may be necessan> or appropriate for the orderly maintenance, TIIG VINEYARDS SUBDIVISION DBCI.ARA'TION - 11 prescreat~n and enjoyment of the C oon Area and for the preservation of the health, safety, convenience and welfare of the Owners, for the l,urpose of constructing, erecting, operating or maintaining: -1.x.1.6.1 t)nderground lines, cables, wires, conduits and other devices for the transmission c,f electricity for lighting, heating, power, telephone. and other purposes; 4.5.1.6.2 Public sewers drains and pipes, water systems, mater, heating pipes; and storm drains, water systems, sprinkling and gas lines or -1.5.1.6.3 1ny similar public: or quasi-public improvements or facilities. The right [o grant such licenses, easements and rights-of-wa}~ are hereby expressly reserved to the Association and may be granted at any time prior to tweuiy-one ('_]) years after the death of the individuals executing this declaration, on behalf of [he Declarant, unrl [heir issue oho are in being as of the date hereof. 4.5.2 Duties of the Association. In addition to power delegated to it by the Articles, without limiting the t-eneralit}• thereof, the Associatio^ or its agents, if any, shall have the obligation to conduct all business affairs <,~f common interest to all Owners, and to perform each of the following duties: 1.5.3.1 Oueration and Maintenance of Common Area. Operate, maintain and otherwise manage or provide for the operation, maintenance and management of the Common Area including the repair and replacement of property damaged or destroyed by c.a sualty loss and other property acquired by the .1ssociation. 1.5.'.^_ Maintenance and management of Site Retention Ponds. Provide the management for props-r operation and maintenance of the storm drain retention ponds along the Nine-Bile drain ditch, including weed control and maintenance of any pipe outside the jurisdiction of the Ada County Highwa}' District's maintenance practices. 4.5._'.3 Taxes and assessments. Pay all real and personal property taxes and assessments separately 1~°<icd against the Common Area owned and managed b}° the Association or against the Association and/or any property owned by the Association. Such taxes and assesstnents may be contested or compromised by the Association; provided, however, that they are paid or a bond insuring payment is posted prior to the sale or the disposition of any property to satisf}• the payment of such taxes. In addition, the. Association shall pay all other taxes, federal, TIiI: A'INEIARDS SLISDTVISiON DECLARATION - L° statr at~ local, including income oT corporate ta~~~s, levied against the Association in [he event that the 9ssociation is denied thr status of a t:~x exempt corporation. 4.5.2.4 Water and Other Utilities. Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other necessarv services for the Common Area and the property owned or managed by it. 4.5.2..5 Insurance. Obtain from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the fc,llowing policies of insurance. 4.5._.5.1 Comprehensive public liability insurance insuring the Eoard, the Association, the Declarant and the individual Ou-Hers and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of the Common Area or their property owned or rnanaged by it. Limits of liability of such coverage shall be as follows: not less than Five hundred Thousand Dollars ($500,000) per person and Five Hundred Thousand Dollars fS500,000) per occurrence with respect to personal injury or death, and property damage. 1.5.^_.5.2 Full coverage directors and officers liability insurance with a limit uC Two Hundred Fifty- Thousand Dollars (~~_°50,000), if the Board so elects. 4.5.2.5.3 Such other insurance including Workmen's CompcnsaYion insurance to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Eoard 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 their person charged with thr_ management or possession of any Association funds or other property. 1.5.'.5.1 The Association shall be deemed trustee of the interests of all Members of the Association in any insurance proceeds paid to it under snch policies, and shall have full power to receive their interests in such proceeds and to deal therewith. 4.5..5.5 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. THE \'INL}':1RDS SL?BDICISIOI; DF.CLARATIOIJ - 13 4..5.6 Notwithstanding an}~thor provision herein, the Association shall continuously maintain in effect s?uh other additional casualty, flood and liability insurance as the F3oard deems necessary or appropriate. 4.5.2.6 Rule Makinu. Make, establish, promulgate, atr~nd and repeal the Association rules. 4.5.'.7 Architec[ual Committee. Appoint and remote members of the Committee, all subject to the provisions of this Declaration. 4.5.'.8 Drainage Systems. Operate, maintain, repair and replace, all drainage systems located within the Propert}' and shown on the Plat which are not maintained by public authorities. 4.5.2.9 Rixht-Of-Way Maintenance. 1{aintain, repair and replace the landscaped berm, including th~~ sprinkler system installed thereon, and the feud located on Cherry Lane, er any other publir_ right-of-u~ay adjacenT to the Property and such other landscaping located within public right-of- u~ay as the Board deems necessary or appropriate. Q.S.'_.1~ Irrigation Maintenance. Maintain, repair replace all irrigation lines or channels located on ur serving this subdivision, and to pay all maintenance and construction fees of any Irrigation District with respect to the Froperty, which amowits shall be assessed against each Lot ~~.. provided herein. Q.S. _2.11 Street Lights. Maintain, repair and replace street lights within the Property Lo the extent such street lights are not operated, maintained, repaired and replaced by the City of Meridian ar other governmental entity, which has jurisdiction of such matters. 1.5.2..12 Subdiaision Avvroval Responsibilities. Perform all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals relating to the Froperty including, u'ithou[ limitation, those set forth in the preliminary plat approval for the Subdivision. 4.6 Personal Liability. No member of the board or any committee of the Association or the Architectural Cnrrrnittee or any officer of the Association, or the Declarant, or the manager, if any, shall be personally liable to any Owner, or 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 )3oard, the manager, if any, or any other representative or eraplo}~ee of the Association, the Declarant or the Architectural Committee, an}' other committee or any officer of the Association, or the Declarant, provided that TIIE ~'I.L'E'iARDS SUP,DICISION DECL:IR:ITION - 11 sucl: person Icas, upc~ the basis of such inform~on as map be possessed 1-. ;- hirr„ acted in good faith without willful or incntional misconduct. ARTICLE V_ COVENANT FOR MAINTENANCE AND ASSESSMENTS 5.1 Creation of the Lie^ and Personal Oblieation of Asse^ssments. Gach Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such do-°d, ._ deemed tc co~~enant and agree to pay the Association; ~.L.1 Annual regular assessments or charges. s. l.. _' Special assessments for capitol improvements, such assessments to be established and collected as hereinafter provided; and 5.1.3 Limited assessments as hereinafter prod ded. The Regular, Special. and Limited assessments, together with interest, costs and reasonable attorneys' fees, shall be a chaxge on the land and shall be a continuing lien upon the proper?}~ against which each such assessment is made. Each such as.=,c~ssmer,t, together with interest, costs and reasonable aitorne;' fees shall also be the personal obligatio^ of the person who was [he Owner of such property at the time when the assessment fell due. The personal obligation for delinrucnt assessments shall not pass to his successors in title unless expressly assumed by them. .,. _^ Purpose r,f Assessments. .'.i Regular Assessments. The regular assesstnettts levied by the Association shall be used esclusi~~ely to promote the recreation, health, safety and "serlfarc of the residents in the Properties and for the improvement and maintenance of the Coninion Area, to pap property taxes and other assessments, to pay the annual assessments of an~° irrigation dislricf and to pa}° such other re°asouabir- costs and expenses which are incurred h_v the Association in carrying out the duties, and business of the Association. 5.2.E Special Assessment-s for Capital Improyemenl. In addition to the annual regular assessments authorized ahovc, the Association may levy, in any assessment year, a special assessment applicable to that tear only for the purpose of defraying, in whole or in part, costs and expenses of the ,Association whic-.h exceed the regular assessments or the costs and expenses of any construction, ra=~cons.tntction> repair or replacement of a capita] improvement upon the Common Area, including fixriu-es and personal property related thereto, pro~~ided that any such assessment shall be approved by a two-thirrts (3/3) vote of each class of members who are voting in person or by proxy at a meeting dul}~ galled for this purpose. Additionally, upo^ THE VINEYARDS SUBDIVISION DECLARATION - 15 the sale~f each Lot b}' Grantor, the~urchaser e;tr+ll pay a one-time special assessment of Thirty ^nd no/100 Dollars ($30.00) per Lot. Such special ^ssessment shall be paid on or before the date of recordation of the deed from Grantor to the purchaser. Grantor, as agent for the Association, shall be euti[lc~d to collect this one-time special assessment at the closing of the Lot sale. This one-time special assessment shall be used to defray ~~rganizational cost for the Association and general ,osis of operation. 5.-^.~ Limited Assessments. The limited assessments ma}• be levied against any owner in a^ amount equal to the costs and expenses incurred by the .}ssociaticn, including legal fees for correcti~-e action necessitated by such Owner, without limitation, costs and expensee incurred for the repair and replacement of the Common .Area or other property owned or maintained by the Association, damaged b}~ negligent or willful acts of anv Owner or occupant of a Lot who is occupying the Lo[ with the consent of such Owner, or for maintenance of landscaping performed bq ilu :Association which has not been performed by Owner as pre:aided herein. 5.3 9.laximum Annual ReQUlar Assessment. The initial ra a:cimum annual rcgn7ar assessment to be assessed b}' the AS:OIla[LOn, shall be Thirty and No/100 Dollars ($30.00) per Lol per }car. 5.3.1 The maximi.~m annual assessment may be increased by the Eoard each year by not more than ten percent (10`f) above the maximum assessment for the previous year without a vute of the membership of the Association as provided below. 5.3.' The maximum annual assessment map be increased above ten percent (10`f) by a two-thirds (^_/3) vote each class of the members who are voting in person or by proxy, at a meeting duly called for !his purpose. 5.3.3 The Board of Directors of the Association may, fis the amount of the annual assessment at an amount not in excess of the maximum as established from time to time. 5.3.-1 The total annual regular assessment, levied against the Lots owned by the Declarant, shall he the IeSSOr of (a) the amount of the regular assessment per Lot multiplied by the number of lots owned by the Declarant or (b> the difference hetween the. total annual assessment levied against lets owncrd by the other parties, other than the I)cclarant, and the reasonable expenditure of the rls,ociation for the purposes described in Section ;._.1 for the fiscal pear. THE 1'INEYARDS SL'D.DTYISI05 DECLARATIO?v - 1G .1 `Jotiee•il u~:n'uni f_r any Action 9~_ o._._. riZ~~lgt~called S^cticus 5.'_.3 and 5.3. tVritta~trionrauthoritzed under r~,r the purpose o° taking an}' R~.tgJ1zs ;.~ and 5.4 shall be sent to a~5~)edb}ssinosdvancc than: ten days (10> nor snore than fifty of tlla^ meeting. At the first such meeting called, the pre~en,.e c{ members or of proxies entitled to cast sisTy p<~r~ent 'S0m) of all ^o um•.ot If theerequiredsq~ormm~tb°rrlotp shall constitute a 9 _ present, another meeting may be called -subject [o the. satr~e notice requirement and the required quorum at the subsequent meeting shall be one-half Cl/2) of [he required shallttbcahelde pr e~edi n„ uu-e t.iug, Nu such subsequent meeting more ttrin sixty` r(~~) days following the preceding meeting. !-niform Rate of As ses.~~1e1-fit' Bolh annual and special assessments must be fixed at a uniform rate for ail Lots and ma, he collected on an annual or other basis as determined by the Association from time to lime. 5.6 llate of Commer_~emeirt of Annual Assessments _ Due Dates. The annual regular assessments or any special assessment; then in effect as provided for herein shall comment, a.: to a Lot or Lots on the first day of the first }-ear following the conveyance of the tot or Lots from 'Declarant to an Owner or Owners. The Board of Directors shall fig. the amount of the annual assessment against each Lot at least thirty (~0) days in advance of each annual assessment period. Written notice of the annual assessment shall he sent to every Owner subject thereto. The due dates :hall be established by the IIoard of Directors. The ',> o~iatiou shall, upon demand, and for a reasonable charge, ftunisf~~ a certificate signed b} an officer of the Association lotting forth ~shether the assessments on a specified Lot have been paid. A properly executed certificate of the As social ion as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. 5.7 Effect of Non-payment of Assessments - Remedies of the ?.ssacistion. Any assessment not paid within thirty (30) da}°~, after the due date shall bear interest from the due date on a rate of twentc-one percent ('_lw) per annum br at the highest rate allowed by law if such rate is less than '_I"k. The ~asuciaticn ma} bring an action at law against the Owner personally obligated to pay the same, or foreclostu~e the lien agriinst the property.~No Owner may wake or otherwise escape l~iabilit:y for the assessments provided for herein by- non-use oI khc t`ommon Area or abandonment of his Lot. S.Y, Subordination of the Lien to MorCQaKes. The lien of the assessments provided for herein shall be subord inaYe to th< lien of any first mortgage. Sale or transfer of any Lot shall n~~t affect the assessment lien. However, the sale or ir;.ins fee of any i.ot pursuant to mortgage foreclosure or au~ I:~roceeding in lieu thereof, shall extinguish the lien of such assessments as to payment which become due prior to such save cr transfer but shall not extinguish personal liability'. _'de sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thcrenf. T1IP FINLYARDS SL'BDi~'ISION DSCLAKATIOPd - 17 • ART I CLF. V 1 ARCI[ITECTURAL. COAIM[1'TEG C~ G. 1. Mcmbera of the Committee. Thc .Architectural Commit tc:r for the Property, sometimes referred to as [he "Ccimmitt~-~-~° shs11 consist of three (3) members. Thc following p~~'rsons are hereby' designed b}' Declarant as the i,~itial mcmt,crs, of the Committee for the Property: *:am~° ~.I :1 'i ~ E O e S 7 g ~' S, I I Address 1399 Fast Monterey Drive L'oise, Idaho 83706 '.-:i_Y~ard D. Poesig~.-•r John R'. liclland 131 Nilliams ISoise, Idaho 83706 4720 West Emerald Street Boise, Idaho 83706 ]-act. of said persons shall hold office until such time as he has resigned or ha•: been removed or his successor has born ::ppcint ed, as proeided herein. Members of the Committee may' be removed at :u1y time without cause. !;,^_ Right of Appointment and Removal. At any time, Grantor is the Owner of at least one C1) of the Lots, Grantor sLaL] ha•;e the right to appoint and remote all members of the Committee. Thereafter, the L'oard of Directors of the Association shall have the power to appoint and rerr~ovc all members of the Committee. Members of the Committee may be rc-mcv~'d at an}' time, without cause. 6.3 Rc•;iew of Prunosed Construction. The Committee ;h,-~11 ~~~nsi~lcr and act upon any and all proposals of plans .:r,d specifications submitted for its approval pursuant [o this Dc°~.laratiou, and perform such other duties as from ti~oc to time shall be assigned to it by the Poard of [he ?s soci~,t iou, including the inspection of construction in progress to assure its conformance with plans approved by the ~<~,mmittee. Thc Beard slial] have the power to determine, b~; rr,lc or 'h=ir written designation consistent with this Dec?arati~.;n, which types of improvements shall be submitted to the Committee to review and approval. The Committee shall upp n;~~~ proposals or plans and specificatiuns submitted for its approval ot:ly if it deems that the construction, alterations or additions contemplata~d thereby in the locations indicated will no[ he detrimenCal to the appearance of ant stru~_IZtre affected thereby and will be i^ harmon with the surrounding structures, and that the upkeep and main'enanc<~ thereof will not become a burden on the Aseociation. . 3.1 Conditions o{ Approval. The Committee may ~:ondition its appro~a] of proposals or plans and specifications upon such changes therein as it deems appropriate, or upon the agreement of the Owner submitting the same (".Applicant"> to grant appropriate c~:suncr.ts to au iASSUeI:I;lUU for the maintenance thereof, spun the agreement of the .Applicant to reimburse the As_-~riation for the cost of mainte=nance, or upo^ all TILE VI"ILl"..ARDS SC&DIVISIO>; DECLARATION - 18 three, an1~ ma~~cyuire submission of addi~nal plaCis and specifications or other information before approving ~.~r disapproving material submitted. ,:.' Commute? Rules and Fees. The Committee also may s tablish, from time tc time, talcs and/or guidelines <. setting forth procedures for the required content of the applications and plans submitted for apprc,n~al, Such tutee ~c.ay require a fee to accompany each application fur approval, or additional factors which it will take into consideration in reviewing submissions. The C'ou:wittee shell determine the amount of such fee in a reasonable manner, provided that in no event shall such fee escecd Taenip five Dollars <$'_5.00) Such fees shall he used to de•fia': the costs and cspcnses of the Cnminittec cr for :ucL other purposes as established by th^ Poard. Such rules and guidelines may establish, without I ir,.i t.;tion, procedures, specific rules and regulations regarding design and style elements, landscaping and fences and other structures such as animal enclosures as .cell as special architectural guidelines applicable [o Pui]ding Lets lueated adjacent to public and/or private open s[iacr. (,'.~': Dctailr-.d Plans. The Committee mn}~ require such detail n plans and specific-a:iuns submitted for its review' as it deems proper, including, without limitation, floor plans, landscape plans, drainage plan>, elevation drawings and d<°scrlp[i<ins or samples of exterior material colors. Until receipt by the Committee of any required plans and specifications, the Connuitrer may postpone review of any plan submitted for appro~'al. 6.3.{ CommiCtee~ Decisions. Decisions of the Committee and the reasons therefor shall be transmitted by the Committee to the applicant at the address set forth in ±he application for approval within seven (7) daps after fi'.ing all materials required by the Committee. any materials submitted pursuant to this Artielr_ shall be. d~~~ciued approved unless written disapproval by the Committee shall ha~~c been ruaile•d to the .--lpplicant u~ittiin sc~-FU !7) daps after the date of the filing of said materi:~ls kith the Cotnmittec. The said seven (7) day period shall only commence to run when an authorized represrrrtati~e of the Committee has executed an application form acknowledging acceptance of such appl,cation and ^cknowledging that such application is complete. 6.1 1leetinXS of [he Committee. The Committee shall meet from time to time as necessary to perform its duties lieruunder. The Committee tnay from time to time by resolution u.aan:mou:l} adopted in writing, designate a Committee Representative (who map, but not need be one of its members) to t~l:e any,- action or perform any duties for and on behalf of the Committee°, except the granting of variances pursuant to .,~--.~.~ion E,.~. Ire the abseucr~ of such designation, t1ic• 1°otc of ar.}~ two !__^1 members. of the Committee, ur the wr~ittcu consent TILE ~I11E1A[:DS SiJLkDIVISION DECL,~RATION - 19 .,f t„.; "'i mcmt~s of the Comtuittec taken~thout a n:c~-~;pint, ~sha1l inn-.situ[+e an act of the committee. 6.5 No t1'aiccr of future :Auorovals. The approval of the Comrnittce of any proposals or plans and specifications or dr~nr{:cgs r;; i- ;u~p ~eork done or proposed, or in connection with au}~ othr~r watter requiring the approval and consent of the Commi tt~_re, shall. not be. deemed to constitute a waiver of any rialit tr, v,ithhold approval or consent as to an~~ similar t~r~posal::, plaus and specifications, drawings or matter ~.chate~.-~r subsquentl~; or additions ll y submitted for approval ~.. -onse~rit. - G.5 Cnmprnsatiuu of 'eiembers. The members of [he C~,nu;~ilte~ shat; receive no compensation for services .-:i,derril, uthcr than, reimbursement for expenses incurred b}' thew in the performance of their duties hereunder and except ;~; otheruisc agreed by the hoard. 6.7 Insnecti~,n of Rork. Inspection of work and ,.,,..^cticn of defects hcr~~i^ shall proceed as follows: G. 7.1 ..^,n~ .uembcr of the Committee or its representati~e lase inspect the work st any time during construction or „!tl;in 30 da>'s after completion of construction. If ;hr Conunittc finds that such work was not done in substantisi curnplisnce with the approved plans, i! shall nuliP; the Owner in u-ri[ing of such non- compliance ~;itl~,in a <60) da~~ period, specifying the particular noncompliance, and shall require the Owner to remedy the °_amc. 5.7.~ Tf for any reason the Committee Eails to notit'p the Ownc-r of any noncompliance within sixt; (~0) daps of ompletion of the construction, the improvement shall be <'.~-~~med to be in accordance with the ai;proved pans. 5.& Nun I.iabilit~~ of Committee MemLers. Seither the Co:am i.!icc- nur sn}- member thereof, nor its duly authorized Co~~i:nittec~ representative, sha11 be liable to the ?.ssociation, or ~~, ant t'•;:r,cr or Grantee for any loss, damage ur injury arising out of or in any way connected with the pertormsuce ~:f t1;e Com;oitiec'> duties hereunder, provided such person !:~~;, ut:.nn the bas::: of such information as may be possessed Ly ;.; w, a~,ed iu good faith without ~zillful or intentional mi:,cvudu-t The ('omioittee shall review and approve or disappro<<° ^11 plans submitted to it for any proposed improcrwcnt ult~,ratiun or addition, solely on the basis of ~...~`,hct:c cuusiderstions and the overall benefit or detriment vrP~i~h u,ni:d rcnilt in the immediate vicinity and to the 1'ropert_ ;cnerslly. The Committee shall take into .onsirl~~ration the aesthetic aspects of the architectural dr~~igns, plat^u.<rt cf building, landscaping, color scheme.,, ~...-.rio. 'inishrs and materials and similar feature.=„ but >.Lall not be re~:ponsible for reviewing, nor sl-iall its a pprovsl of any plan or design from the standpoint of ;[ructural safety er conformance with building or ether ode>.. ;." ~'arianres. TLe Committee ma}' authorize variances Iron: comp lance will-; any of the architectural provisionz~. of TIIL ~'IV131'.ARL'S SL'LDPdISIO"1 DLCLAR?.TION - ~0 ,h.-. D~~clarati.~n c~any Supi,~lementa] Declarat~, including ~~~_ i~tiuu upon Neigh[ :ire, floor area or placement of :trt~t,tre: ~. :.imilar tc-frictions, when circumstance: such a.-; iopograph}~, natural obstructions, hardshiti, aesthetic or -_n-,ir~nn~.r~~la] cousderations may reyuire. Such variances mu°.t t..° ~vider,~ed in writing, must be signed by at ]cast two !^? metabrrs of Ih~- Committee, and shall become cffc-c'.ive upo^ r c:or d;,itiun in the Office of the Count}' Recorder of Ada County. If sucl_i variances are granted, no vio]ation of the Re:t-ictiun:; contained in this Declaration or any 6ut,pl~mcutal Declaration shall he deemed to have occurred ~,vith re;.prct [o the matter for which the variance was ., .-1. Ti:c granting of such a variance shall not opcrat;r t ~»~aivc an}- of the ternt~ ^nd provisions of this Dec]aration or ,,~ suv Suri;lenurntal Declaration {or any purpose c•s,op[ ., .. ,,. the par±icular property and particular provision hereof r~.,,ct••d by the aariance, nor shall it affect in any way the On~ner'r, obligation to comply with all governmental lams and regnlat tuns affecting his use of the premises, including but net limited [o zoning ordinances and Lot set-back lines or :cqi:irrmcnts imposed by any governmental or municipal ait? her, ARTICLE VII ANNERATION OF ADDITIONAL PROPERTIES '.l Annexation. Declarant presently intends to deg^lop :;t1-:cr neighb~~ring properties ^nd may, in Df°clarant's discretion, dc~~~w it desirable to snnea some or all of .nch ,,,...., pn~pertics [o thc° property covered by this Declaration. The•anaexed prupc°rties. may, at Declarant'_ sale discretion, be used and developed Cur any purpose allowed under npi~ropriate zoning regulations. Such other properties rna; be :inn;:cca to the Propert}~ and brought within the provisions of th' Declaration by Dc~.larant, its successors or as.,sign, at an;-~ti:;~~_ and from time to time, without the approval of an J:.ucr, ll-~e .hssncia[inn cr its Doard of Directors provided tha' th~~ I'IIA and the t'A, or the HIID representatives thereof, de te•rmi ue :. that the anncration is in accordance a-i.th th~~ gene r.al plan here toforr approved by them. ..-~s such properties :n~,, develope•d, Declarant shnil, with respect thereto, reeved a Suppl--;i,ental Declaration which shall annex such properties to th~° i'ropert;, anti whi~.h may supplement this Declaration with s.u:~lt additional or different covenants, conditions, rc~•.trict ions, reservations and easeritents as Derl grant, and ~IL\ and ~' ur the IIUD representatives thereof, mad- deem a ppr cpriatc fcr the other properties or portion: thereof and ma; delete ur eliminate as to such other properties such ~~enant;, conditions, restri.tions reservations and ~.asements as are. continued herein which Declarant and PII anc V:1, or the IIC`D representative thereof, deem not appropriate f~:,r the other properties. ;.' Additional Properties. Si.tbjcct to the prn~,-isi~~ns of Section 7.1 .above, upon the recording of a Supp'.5w.~ntal Dc: l.:ration as to other properties containing tht: pro~is!ons as set forth in this Section, all pr ovic:on:: _-u~tai:red in this Declaration shall apply to the added TIIL ';l"'L1',RDS SCBDI~'ISI^": DLCLAR.yTION - _^1 ' ~ prop itic~:: iu the ~ne manner as if it were ot~tnall}~ -,;<<rcd Tiy tLis D~~c'laraiion, subject to such mod;fi~.ation, char.gz~,-. and deletions as specifically pro~~ided in curb S,,t~t.l~:,i~nizl '.:eelaration. The Grantees of 1_CIS locate°zt in ~~~._ .,,l;~r propertres a:hall share in the payment of i•_ ~~,~ent~; to the ,lssociation as pto~'ided herein fron~ and lft~.t the r:zcurdation of the first decd of a L.ut within the added prupe°rti~~s from Declarant to an individual purchaser t'.icreof. 7 ~, Procedure for Annesatiou, The additiur.s autt:~~rized under Section 7.1 above, shall be' made h} filing ^,E r~°cord a Supplemental Declaration or other similar iustr,un~_~ut ~a~ith respect to the other properties or portion tY,cre°c;f, which shall be executed by' Declarant c~,r the Owner thercc;f and shalt e;:tend the general plan and scheme of this I}~~_la_a ion, The .'i liug of record of said Supplemental Dc:.larati:;n ::hall :-unstitutc and effectuate the anncxutiou of tl:c nthcr properties or portion thereof described therein, and fherc~iPon said othc-r properties of portion thereof shall be,-. orne and constitute a Part of the proper[i<'s, becowc si:bjc~~t tc phi- Declaration and encompassed within the ger.~ral plan:a and scheme of cox~enan[s, conilitlons r~s[ri~:tions, r~scrcations and easements and equitable it~:d._: +..ontain~_d herein as nwdified by suet-~ Suppt~•mental Doc~laration for such other properties or portion thereof, and br.-ore subject to the fwutions, powers and jurisdiction of the assouiatiun. Such Supplemental Declaration mny contain ~~,icP~ _idditi~ns, modifications or declarations of th~° .,,..;ant ,_.,aditions, reslrictions, reservations or ,_.a~s,~:~;r.enir~; and equitable scrviriides cont~+in~:d in this 1)~-~..larntiot~ ;,~. may be decm~:d by Declarant and Fl-I", and V'A, or th~~ Ih`C representatives thereof, desirable to reflect the rlifferemt ~_haracter, if an>°, of the other properties or portions thereof or as Declarant and PHn and vn, or the FIUD representati~~e thereof, mag deem appropriate in the development of the properties or portion thereof. naTrcl.E vlll EASEMENTS 8.1 A4aintcnar,ce and Use Easement Between Walls and P2 VPerl~ Lines. The Association or owner of any lot shall ;~~er:,hy be tirant.d an car:emi~nt of 5' widtY: on the ^djoining properties for the purpose of maintenance of fence and/or ':~ndscaping so long as such use does not cause damage to any. ::tnictarc ~r fence. 8.~ Other 14ain[euance Easements. Easements for .._tallalions and n~aintena;rce of utilities and drainage f~acilitie-; arc reserved as shown on the record plat. P'ithin ~Lcs. casements r,o structure, planting or other material shat', b.:' placed~or permitted to remai^ which n!at' damage or iuterFere tiith the installation and maintenance of utiliti.cs, nr ~.~lii~.h ;r._.;, change tLe direction of flow of drainage channels iu the case~nonts, or which may obstruct ur retard the. flow of mater through drainage channels i^ the easement:;. Tlr ~a:cmeut area of each Lot and all impru~ements in .. Tli~i A'I~;~YARDS SU~Di~'ISION DECLARATION - _'^_ >;11Ii bC n: ,lLn~a lnC~CORti11l10USIy ti}' the (]wI1CT~I the I.ot~ ._~I?i for thes _ e improvements fur wl.ich a public authority or . ~.itilitti ,c,mpan}~ is rrspensible. .A further eascune nts .-, lzer~.{;ti- ret~recd in favor of the A ssociation far a ccess to and ;uai nt err,~nce ~f an irrigation fac- ilitics serving the C~~mm"ti Ar%~a. ARTICLE I% GENERAL. PROVISIONS . _ ;iuferccment. The :lssociatiou ~.n- an}~ Ow°ner, x1,,:11 N,a~.- th.' sight to enfcrce, Gy the proceeding at law or in ^qui tv, a71 restrictions. conditions, covenants-, res-,~ation°, Ii.~n>. ,end cliarg~~s now or hereafter imp~~sed 1;1,- iH~. provici~,nr. of this Declaration. Failure b}~ the ;1~:.ocial ic~~ o*_- b; an Owner to e°nforcc anq covenant or restriction l~icrcin contained shall in no event he deemed a ~::ai~:^r ci the i;ht tr, do . .. thereaSter. SeVC~ob~ IiTy ~~, ~,~-~~'~~- Invalidation iif any one of these ~,-cn:amts _: r<_;:triction~. by judgment or court order shall in n<;~.ca=, affr~t anv oti~cr pwvisiou which shall remai^ in full `c:;~_r sue ,~ff~^ct. 9.~ Iuteruretatien, The terms, covenants and :~udifion<; hr,reof are to be read and interpreted consistently and in .~ n:anucr lc pretest and promote Proper tp va lac s~. - Term and Amendment. Tlae covenants and resiriction€ sT t;._.. Pec.laration shall run Witt; and band the laud, for .a tcr~n _~f ta-cnt~- :~0) Scars from the date [his Dealarati~u .~ .~~_orded, after ~~.-hich time they shall be automatically ~. -e tend<.~~'. P~;r zu~~cessivc periods of ten CIO) }-ears unless an ins:rumrut signed b}' seventy-five percent (75`,3) of the then Ow~~~:-r:, of the Lctr. has been recorded, agreeing to change said C CV~_uatl(.t in whsle ~r in part. This Declaration may be .:r~.cr:etcd, .~:talcd, .cplaced, terminated or superseded during tht fir " ~tu~enty- (~OJ :'car period by an instrument .,ignrd 6y the P.rsidcn: and Se:retar}' of the Association affirnr.aig that :uc.h amp-^dmrnt uas approved by tuo-thirds C^/~) of the ~~~,~ner ~;; li,. Lit.. co°:crcd by this ..eclaration or b7; an iustrutncnt :,i~ne~d b~ twu-thirds (_/3) of the Lot Owners; provided, h~.~c~_~;~ra, that if Grantor is still the Owner of any Lots the pry, •:ii~~r:z ..f Article A'I may not be amended without the .:rillcn a.nu:ent snd vote of the Grantor. !^' "':T":ASS `.4'1-IER'_,.OP, the undersigned, being [luz Declarant l~,cr . ir„ h-~ s hcr,~unto ar t its band and seal this da; ~sf 199. ,flax A. Boesiger, Inc an Idaho Corporation Pa Richard Boesigcr, '2. Prc~~~. TIiI= ','I":L1'AP.L`S SL`13D.IVISION DGCI_ARITION -_3 STLT1~ OI~ TL!r'~I70 ~'~~r;~t ~~ of .'~d s. ~~n this day of 199_. befvrc~ me t!ir iu 9cr s~,~~:~-~. -i~~7 Put lie in a~~oi said hate. I>:r ~I1. a,~pca~F•d RICIIaRD f'OI-SIGCR k~ioutl cr identified to ii;o to ha thr ~~_r President of \fas :1. Eoesiger, Inc.. the ~;~r;~.~;: ~,cho e':ecutrd the insri~ument on behalf of said .~.;ipnratiou, and cLnowledgcd tc ine that such corpora~on :~~,c~iled the .>ame. I': WIT*:LSS q'HERLOI', I have hereunto set m} Tru:d :and ^ff'i~ceP. ;n:~ official sisal, the da}~ and year in this ccrtificstc !'irr.. a6u-;~° u~rit;en. ^(ctarti ['ublic fur Idaho Residing at ^oise, Idaho 11~ Commission ?lzpires. _ Tlll: FISL~",~P.lls SC[111ICISIO".: DLCLAI2~TION - 21