Declaration of Maintenance Covenant~z~
~~~~
DECLARATION OF MAINTENANCE COVENANT ~~ ~ ~ ~~~~
~Y or «`leridiar
THIS DECLARATION OF MAINTENANCE COVENANT (the "Declaration") is
executed by FIELD OF GRAMERCY, LLC, an Idaho limited liability company
("Declarant") and recorded against that certain real property owned by Declarant set forth
on EXHIBIT A, attached hereto, and incorporated herein by reference (the "Property").
Declarant hereby declares that, for so long as the Property continues to be used as a
multi-family residential development, it shall be held, leased, occupied, used and
improved subject to the following covenants and conditions, all of which are for the
purpose of uniformly enhancing and protecting the value, attractiveness and desirability
of the Property.
1. Declarant shall cause to be maintained all of the Improvements in a commercially
reasonable manner. Said Improvements include, but are not limited to the
apartment buildings, clubhouse, amenities, carports, garages and common area
light fixtures. No Improvement shall be permitted to fall into disrepair, and each
Improvement shall at all times be kept in good condition and repair.
2. Declarant shall cause to be maintained all of the landscaping improvements
owned by Declarant and constructed throughout the Property and any owned
greenscape areas located on the Property in a commercially reasonable manner,
including but not limited to repairing and and replacing, when necessary,
automatic sprinkler systems and water lines, and replacing of shrubs, trees, and
other landscaping when necessary.
3. Declarant shall cause any Declarant owned roads, walkways and sidewalks within
the Property to be maintained in a commercially reasonable manner, including but
not limited to repairing, seal coating, and resurfacing, when necessary, all paved
surfaces in a level, smooth and evenly covered condition with the type of
surfacing material originally installed or such substitute as shall in all respects be
equal or superior in quality, use and durability; and restriping, when necessary.
4. Declarant shall cause the removal of any snow, papers, debris, filth and refuse and
shall thoroughly sweep the Property to the extent reasonably necessary to keep the
Property in a clean and orderly condition.
5. Declarant shall cause any erosion control and other similar features, including but
not limited to, retaining walls and other similar features, on the Property to be
maintained in a commercially reasonable manner and in compliance with all
applicable laws and regulations.
6. Declarant shall cause any Declarant owned area drains, or storm water systems
(not including any such systems owned by or the legal responsibility of parties
other than Declarant but located on the Property) to be maintained in a
commercially reasonable manner and in compliance with all applicable laws and
regulations.
7.
8. Declarant shall maintain in a commercially reasonable manner and in compliance
with all applicable laws and regulations any Declarant owned sewer laterals from
any structures on the Property to the point that such laterals connect with sewer
systems owned by or controlled by parties other than Declarant.
9. Declarant shall maintain in a commercially reasonable manner and in compliance
with all applicable laws and regulations any Declarant owned culinary water
systems from any structures on the Property to the point that such systems
connect with culinary water systems owned by or controlled by parties other than
Declarant.
10. Declarant shall cause all fences installed by it on the Property to be maintained,
repaired, and replaced, when necessary, in a commercially reasonable manner.
11. Declarant may employ or contract with any professional management company or
service provider deemed appropriate by it to perform any or all of the covenants
and conditions set forth in this Declaration or to other assist in the maintenance
and management of the Property.
12. Declarant may grant any and all easements, whether permanent or temporary,
exclusive or non-exclusive, in its sole and absolute discretion in order to perform
any or all of the covenants or conditions set forth hereunder or to otherwise
manage the Property in a commercially reasonable manner.
13. Declarant may institute and impose any rules, regulations or policies not
prohibited by law on any occupant of the Property in order to accomplish the
goals of this Declaration or otherwise manage the Property in a commercially
reasonable manner deemed appropriate by Declarant.
14. Nothing in this Declartion shall be deemed to be a gift or dedication of the
Property, or any portion thereof, to the public, or for any public use.
15. Every person who occupies or acquires any right to use any portion of the
Property does and shall be conclusively deemed to consent to this Declaration and
the covenants, conditions and provisions set forth herein.
16. Amendment of this Declaration may be undertaken by Declarant or its successors
in interest to the Property so long as such amendment does not violate any legally
binding provision of any recorded Development Agreement, or any state or local
ordinance or law.
17. Declarant makes no representations or warranties to any third party of any kind,
express or implied, with respect to the Property, its physical condition, it fitness
for any intended use or purpose, its compliance with any laws or regulations
except as is specifically set forth and stated in this Declaration.
18. This Declaration shall run with the land and be binding upon and inure to the
benefit of Declarant and any and all successors in interest of Declarant to the
ownership of the Property.
19. In the event that Declarant or any successor in interest is composed of more than
one person or organization, the obligations of said Declarant shall be joint and
several.
20. This Declaration and any amendment or modification shall be recorded in the land
records of Ada County Idaho.
IN WITNESS WHEREOF, this Declaration has been executed effective as of the
day and year or its recording in the legal real property records of Ada County, Idaho.
FIELDS AT GRAMERCY PLACE, LLC,
an Idaho limited liability company by is manager:
L.H. PERRY INVESTMENT, LLC a Utah limited
liability company
By:
Name: William O. Perry, III
Title: Manager
STATE OF UTAH )
ss.
County of SALT LAKE )
On this ~ hd .day of tt~r~ ( , in the year 2013, before me,
a Notary Public in and for the State bf Idaho, personally appeared William O. Perry III,
known or identified to me to be a Manager of L.H. PERRY INVESTMENT, LLC a Utah
limited liability company, the Manager of Fields at Gramercy Place, LLC, an Idaho
limited liability company and who subscribed said name to the foregoing instrument, and
acknowledged to me that he executed the same in said company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
~~
Notary Public for Utah
Residing at: sa-~f Lcz ~ can ~!
,...~ CAROLYN M WOOl8EY My commission expires: ~L6 O 8' , ~o ~5'
NOTARI°PIISLIC•S111TE Of UiJIM
.~ coMMisaioN~e 6051 d6
r ~~~~ ~ COMM. EXP. OZ-08.2015
EXHIBIT A
Legal Description of Property
Exhibit A
The land referred to in this Policy is described as follows:
A parcel located in the West half of the Northeast quarter of Section 20, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at the Northwest corner of the Northeast quarter of said Section 20 (N 1/4 corner), from which the
Northeast corner of said Northeast quarter bears
North 89°46'02" East a distance of 2656.88 feet; thence
North 89°46'02" East along the Northerly boundary of said Northeast quarter a distance of 1306.86 feet to a point;
thence
leaving said Northerly boundary
South 0°13'58" East a distance of 45.00 feet to a point marking the Northeasterly corner of Gramercy Subdivision
No. 1 as shown in Book 99 of Plats at Page 12619, records of Ada County, Idaho, said poirit also being the
Northwesterly corner of Bonito Subdivision, as shown in Book 85 of Plats at Page 9784, records of Ada County,
Idaho; thence
South 1°42'39" West along the Easterly boundary of said Gramercy Subdivision No. 1 and the Westerly boundary
of said Bonito Subdivision a distance of 1288.12 feet to a point marking the Northeast corner of Lot 3 of Block 7 of
said Gramercy Subdivision No. 1 and the POINT OF BEGINNING; thence continuing
along the Easterly boundary of said Gramercy Subdivision No. 1 and the prolongation thereof and the Westerly
boundary of said Bonito Subdivision
South 1°42'39" West a distance of 857.50 feet to a point; thence
leaving said boundary
South 89°54'13" West a distance of 613.48 feet to a point marking the Southeast corner of Lot 1 of Block 5 of said
Gramercy Subdivision No. 1; thence
along the Easterly boundary of said Gramercy Subdivision No. 1 the following described courses; thence
North 0°02'37" East a distance of 341.62 feet to a point; thence
South 89°35'56" East a distance of 89.82 feet to a point; thence
North 0°02'37" East a distance of 298.01 feet to a point; thence
leaving said Easterly boundary
North 89°35'56" West along the Southerly boundary of Lot 1 of Block 7 of said Gramercy Subdivision No. 1 a
distance of 33.81 feet to a point; thence
along the Westerly boundary of said Lot 1 the following described courses; thence
North 44°54'57" West a distance of 28.13 feet to a point; thence
North 0°13'58" West a distance of 30.62 feet to a point; thence
a distance of 88.96 feet along the arc of a 764.00 foot radius curve right, said curve having a central angle of
6°40'17" and a long chord bearing North 3°06'10" East a distance of 88.91 feet to a point; thence
North 6°26'19" East a distance of 66.27 feet to a point; thence
North 48°25'12" East a distance of 26.76 feet to a point on the Northerly boundary of said Lot 1; thence
South 89°35'56" East along the Northerly boundary of said Lot 1 and Lots 2 and 3 of Block 7 a distance of 570.33
feet to the POINT OF BEGINNING.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMERI C.4N
LANn TITLE
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ALTA Plain Language Commitment Form (6/17!06)
NXID-0052938/35