CC&Rs - Rc'd 4/1/2014
~ AOA COUNIY flECOROER J, OAVIO NAVARflO AMOUNT 201.00 pe
EOISE IDAHO O1iOlA>9 OI:OI Pm III IIIIIIIIIIIIIIIIIIIIII IIIIIIIII III
' DEPUTY pennleOherhlOlp
flECOROED-flEDUEOFOF 10900E537
Manna
. Declaration of Covenants, Conditions,
basements and Restrictions
and
Architectural Control Committee
' Guidelines
For
`~~ Bienville square Commercial
(Commonly known as
Mason Creek Commercial)
Mason Creek Commercial- CC&R's-1 of 6A 117!2009
SHARED MAINTENANCE AND USE AGREEMENT
(Bienville Square Subdivision -Commercial and Residential)
This Shared Maintenance and Use Agreement ("Agreement") is made effective this _
day of May, 2010, between Bienville Square Master Property Owners Association, Inc., an Idaho
non-profit corporation ("Commercial Association"), and Jackson Square Homeowners
Association, Inc., an Idaho non-profit corporation ("Residential Association") (collectively
referxed to herein as the "Parties" or singularly as a "Party").
SECTION 1
DEFINITIONS
The following terms shall have the meaning set forth below for purposes of this
Agreement:
1.1 "Commercial Landscape Area": The landscaped area shown as Lot 22, Block 1
on the Plat.
1.2 '`Common Open Space Lots": The areas described in the Plat as "Common
C Open Space Lots".
1.3 "Declarant": Idaho Mutual Trust, LLC, a Delaware limited liability company,
whose current address is 12594 West Explorer Drive, Suite 100, Boise, ID 83713, together with
its affiliates, and its successors and assigns if the rights of Declarant are expressly assigned to
such successor or assign by recorded inshument.
1.4 "Maintenance Director": Declarant, so long as Declarant owns any portion of
the Project, and then the successor Maintenance Director appointed pursuant to Section 3.1
below.
1.5 "Plat": The plat for the Bienville Square Subdivision, as shown on the plat filed
in Book 102 of Plats at Page 13,495 thru 13,498, records of Ada County, Idaho, which may be
amended or modified from time to time. A copy of the Plat is attached hereto as Exhibit A.
1.6 "Project": The Bienville Square Subdivision, as shown on the Plat.
1.7 "Private Alley": Lot 18, Block 2 of the Project.
1.8 "Private Roads": The private roadways described in the Plat.
1.9 "Shared Maintenance Items": The following items which will be maintained
pursuant to this Agreement: (i) the pressurized irrigation system serving the Project; (ii) any
common Utility Lines serving the Project; (iii) the Commercial Landscape Area; and (iv) such
other areas or services as the Pazties may from time to time elect to designate as part of the
SHARED MAINTENANCE AND USE AGREEMENT- 1
Shared Maintenance Items.
1.10 "Utility Lines": Those facilities and systems for the transmission of utility
services, including but not limited to storm water drainage, detention or retention systems or
structures, water mains, sewers, lift stations, pressurized irrigation systems, water sprinkler lines,
telephone and television conduits and lines, electrical conduits, joint trenches or systems, gas
mains, and other public or private utilities.
SECTION 2
MAINTENANCE DIRECTOR AND SIIARED MAINTENANCE ITEMS
2.1 Maintenance Director. The Declarant shall act as Maintenance Director
commencing on the date of execution of this Agreement ("Commencement Date"); and
continuing thereafter until Declarant no longer owns any portion of the Project. From and after
such time as the Declarant ceases to be the Maintenance Director, the Parties shall appoint a
successor Maintenance Director. The Maintenance Director shall ensure that the Patties perform
the Shared Maintenance Items in accordance with this Agreement. In the event that one or both
of the Patties fail to perform pursuant to this Agreement, the Maintenance Director shall have the
authority to cause the performance of the subject Shared Maintenance Item(s) to be performed.
In the event of an emergency or the inability of the Parties to agree upon a repair or other capital
expenditure that will be the shared responsibility of the Parties, the Maintenance Director shall
have the authority to authorize such expenditure and determine how the expense for said item is
apportioned.
2.2 Shared Maintenance Itoms. Commencing on the Commencement Date, the
Parties shall be responsible for maintaining the Shared Maintenance Items as follows:
2.2.1 The Residential Association shall maintain the Commercial Landscape
Area to the following standards: (i) maintaining, mowing, watering, trimming, and replanting the
landscaping and related improvements located in the Commercial Landscape Area to the extent
necessayry to keep the Commercial Landscape Area in a well maintained, mowed and weed free
condition, (ii) maintaining, repairing and replacing, when necessary, automatic landscape
sprinkler systems and water lines; and (ii) trimming and replacing sluubs, grass and other
landscaping in the Commercial Landscape Area as necessary ("Commercial Landscape
Maintenance").
2.2.2 The Commercial Association shall maintain the pressurized in•igation
systems ("PIS System") serving the Project. If the PIS System (or any portion thereof) is
maintained by an Irrigation District, then the Commercial Association shall be responsible for
maintaining the portion of the PIS System which is not maintained by the Irrigation District
("PIS Maintenance").
2.2.3 The Commercial Association shall maintain, repair, operate, and
replace any Utility Lines serving the Project ("Utility Maintenance").
2.3 Shared Maintenance Expenses.
2.3.1 The term "Shared Maintenance Expenses" shall mean all costs
SHARED MAINTRNANCE ANP USE AGREEMENT - 2
incurred by the Parties in perfotrning the Shared Maintenance Items.
C
2.3.2 The Shared Maintenance Expenses shall be apportioned as follows,
which apportionment may be amended from time to time, in the sole discretion of the
Maintenance Directot•, to reflect any changes in the usage of the Shared Maintenance Items
("Maintenance Expense Share"):
2.3,2.1. Commercial Landscape Maintenance: 50% by the
Commercial Association; 50% by the Residential Association.
2.3.2.2. PIS Maintenance: 50% by the Commercial Association; 50%
by the Residential Association.
2,3.2.3. Utility Maintenance: 50% by the Commercial Association;
50% by the Residential Association.
2.3.3 On or before December 1 of each yeat• (or 30 days prior to the
Commencement Date as to the first year), the Maintenance Director shall provide each Party
with an estimate of Shared Maintenance Expenses for the following calendar year, or partial
year, and such Party's Maintenance Expense Share based on such estimate ("Estimated
Expenses"). The Maintenance Director may adjust the Estimated Expenses from time to time to
cover unexpected or emergency costs or repairs, in which event the Maintenance Directot• shall
submit a revised statement of the Estimated Expenses to each Party.
2.3.4 From and after the Commencement Date, each Party shall pay to the
Maintenance Director, in equal monthly payments in advance on the first day of each month,
such Party's Maintenance Expense Share of the Estimated Expenses. Notwithstanding the
foregoing, the Maintenance Director may elect from time to time to bill the Shared Maintenance
Expenses in arrears, based on the actual Shared Maintenance Expenses, in which event each
Party shall pay its Proportionate Share of the actual Shared Maintenance Expenses within thirty
(30) days after receipt of a billing.
2.3.5 If the Shared Maintenance Expenses are paid based on Estimated
Expenses, the Maintenance Director shall provide each Party with a written reconciliation of the
actual Shared Maintenance Expenses, each Party's Maintenance Expense Share of the actual
Shared Maintenance Expenses, and the total amount of Estimated Expenses paid by such Party
on or before Apri130~h of the following year. If the amount paid by any Party is (i) less than the
actual Shated Maintenance Expenses, such Party shall reimburse the Maintenance Director for
such shortage within thirty (30) days after receipt of such reconciliation, or {ii) more than the
actual Shared Maintenance Expenses, the Maintenance Director shall credit the excess against
the Shared Maintenance Expenses next due by such Party.
2.3.6 If a Party fails to pay its Maintenance Expense Share or any other
amounts due under this Agreement within thirty (30) days after the due date, the following costs
shall be automatically added in the past due amount: (i) a late chazge in the amount of fifteen
percent (IS%) of the delinquent amount; (ii) interest at the rate of eighteen percent (18%) per
annum, commencing from the date of delinquency and continuing until paid; and (iii) reasonable
costs of collection, including attorneys' fees and costs (collectively, "Delinquency Charges").
SHARED MAINTENANCE AND USE AGREEMENT - 3
2.4 Llen Right. If either Party fails to pay its Maintenance Expense Share or any
other amounts due under this Agreement within sixty (60) days of the due date, then, in addition
to the Delinquency Charges and any other rights or remedies available under this Agreement or
at law, the Maintenance Director shall have right to file a claim of lien ("Claim of Lien") on any
real property maintained andlor owned by the defaulting Patty for the past due amount (including
the Delinquency Charges), provided, however any such Claim of Lien shall take effect only upon
recordation of such Claim of Lien in the real estate records of Ada County, Idaho. The Claim of
Lien shall be executed by the Maintenance Director and shall (i) reference this Agreement by
recording number; (ii) state the amount of the past due (including Delinquency Charges) owed;
and (iii) state the legal description of the subject real property. The Claim of Lien shall be for
the amount originally stated, together with al] reasonable costs and expenses incurred in creating
and foreclosing such lien (including attorneys' fees and costs), all amounts which become due
from the defaulting Party after the date the Claim of Lien is recorded, whether such amounts
arise from a continuation of the default alleged in the Claim of Lien or from some other default
under this Agreement and Delinquency Charges. The Claim of Lien shall be foreclosed in the
manner provided by law for the nonjudicial foreclosures of deeds of trust or as otherwise
provided for foreclosure or enforcement of similar liens in the State of Idaho.
2.5 Responsibility if No Maintenance Director. In the event there should at any
time cease to be a Maintenance Director, (i) each Party shall be responsible for the maintenance,
repair and replacement of any Shared Maintenance Items located on any real property
maintained and/or owned by said Pasty according to the standards herein enumerated and may
seek reimbursement from the other Party for its respective Maintenance Expense Share of such
costs in the same manner provided in Section 2.4 above, and (ii) if a Party defaults in the
performance of such obligations, then any other Patty may cause the performance of the
obligations of the defaulting Party, bill the defaulting Party for the expenses incurred, and have
the same rights and remedies as the Maintenance Director for any past due amounts, including
the right to file a Claim of Lien.
SECTION 3
SIIARED USE
3.1 The Private AIIey, Private Roads and Common Open Spaces shall be available for
use by all owners of real property in the Project, including their agents, assigns and invitees as
set forth in the Plat. However, unless otherwise specifically set forth herein, the maintenance,
replacement and Iiability obligations related to the Private Alley, Private Roads and Common
Open Spaces shall be the responsibility of whichever Pazty has been so named by the recorded
Covenants, Codes and Restrictions controlling each Party. For instance, the Private Alley shall
be the responsibility of the Residential Association and the Private Roads shall be the
responsibility of the Commercial Association. In the event of a conflict between the Notes on
the Plat and this Agreement, this Agreement shall control.
3.2 Each Patty ("Btdemnitor") shall indemnify, defend and save the other Party
("Indemnitee") harmless from any and all claims, liability, losses, costs, charges or expenses
(including reasonable attorneys' fees and costs), judgments, proceedings and causes of action of
any kind whatsoever ("Claims") arising from (i) injury to or death of any person or damage to
any property occurring on or resulting from the use of the Private Alley, Private Roads or
SnARED MAINTENANCE AND USE AGREEMENT - 4
Conunon Open Spaces by the Indemnitor, its agents or assigns, and (ii) any negligence or
tortious acts of the Indemnitor.
SECTION 4
GENERAL PROVISIONS
4.1 Duration. The term of this Agreement shall be for sixty-five (65) years from the
Effective Date.
4.2 Modification and Termination. This Agreement may not be modified in any
respect whatsoever or terminated, in whole or in part, by written instrument duly executed and
acknowledged by all of the required Owners and recorded in the offzce of the Ada County
Recorder.
4.3 Notices. All notices given pursuant to this Agreement shall be in writing and
shall be given by personal delivery, by United States mail or by United States express mail or
other established express delivery service (such as Federal Express), postage or delivery charge
prepaid, return receipt requested, addressed to the person and address designated below or, in the
absence of such designation, to the person and addt•ess shown on the then current real property
tax rolls of Ada County, Idaho. All notices to Declarant shall be sent to the person and address
set forth below:
Declarant: Idaho Mutual Trust, LLC
c/o Dan Bureau
12594 W. Explorer Dr., Suite 100
Boise, ID 83713
The person and address to which notices are to be given may be changed at any time by
any party upon written notice to the other Patty. All notices given pursuant to this Agreement
shall be deemed given upon receipt. For the purpose of this Agreement, the tezTn "receipt" shall
mean the earlier of any of the following: (i) the date of actual receipt of the notice, or (ii) the date
of deposit in the United States mail or with an established express delivery service.
4.4 Attorney's Fees. In the evetrt any person initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any
such action or proceeding shall be entitled to recover fiom the losing party in any such action or
proceeding its reasonable costs and attorney's fees (including, without limitation, its reasonable
costs and attorney's fees on any appeal).
4.5 General. The failure of a person to insist upon strict performance of any of the
provisions contained herein shall not be deemed a waiver of any rights or remedies that said
person may have, and shall not be deemed a waiver of any subsequent breach or default in the
perfor7zrance of any of the provisions contained herein by the same or any other person. If any
term or provision of this Agreement or the application of it to any person or circumstance shall to
any extent be invalid or unenforceable, the remaindet• of this Agreement shall not be affected
thereby. Nothing contained herein shall be construed to create a (i) a joint venture, putnership,
/ or any other similar relationship between the parties, or (ii) any third patty beneficiary rights in
SHARED IVSAMTI•NANCE AND USE AGREEMENT - 5
any person not a patty hereto unless otherwise expressly provided herein. The captions and
headings in this Agreement are for reference only and shall not be deemed to define or limit the
scope or intent of any of the terms, covenants, conditions, or agreements contained herein. In the
event any Owner is composed of more than one person, the obligations of said party shall be
joint and several. This Agreement shall be recorded in the office of the recorder of Ada County,
Idaho.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
the day and year first above written.
JACKSON SQUARE HOMEOWNERS
ASSO TION, INC.
By: an Bureau
Its: President
BIENVILLE SQUARE MASTER PROPERTY
OWNERS SSOC TION, INC.
Ben S hter
Its: President
SHARED MAINTENANCE AND USE AGREEMENT - 6
)Jxhibit A
Plat
- o-
v +
qg~ ZT
b0
v y g v ~ lui
~~ ~ yqyt~~~ 6~ a~ ~~~ &qy~ ~~~
~~~ gi~~i ~~ E ~!! ~~~ e'- 1
i ~r~ off'°~'~9 ~1~~~~~ ~~ ~
a , ~~~~ ~~ ~ ~ tlG~ R
k~s ~ ~~~~~ n = ~ p~$ ~~ ~
~oR A!R w ~ c. d^
i$" k g'~~a ~ ~ ~ ~~~ ~~
~~ yli~~ ~~ a~~ 1
~`g~ ~aa6~ ~ ~ ~ Rd ~~
~~~ ~~~~ ~ y~ ~~ ~~~ ~~
~~~ g;~a ~ i ~~p~~ 5s
~ ~~ ~ i a4 ~~~ ;~ ~
~e~ {~~~ a Ng ;a~ ~ ~ I ~
p ~>_.
a s a s =a sa gs
p F
`,~ p. ~p~ gipy~ i~ ~ Mi g ~~ ~ ~ I ~-
~~ ~~ ~~F 71» p Y} i~ ~ ~ 14H~
~~ Y~ ~~a~a;8~ 5~ ~ ~ ~ ~ ~ ISM
a ~~1 Sy4~ $~ ~ ~ ~ ~ i ' ~ ail
y~~ ~ ~~~ ~ i~ ~ s ° @~ ~
p~ 71 ~R~ Ri ~~ a R ~ g
E R ~. J v
w ~w ~~; 6
ti
V
5
i ~ ~
g ~
~ ~ ~ l~ ~
¢ I
9 a ~
~
11
>
E
r
~
~ (
6 u a I .
~~
k ~ x
~
~ ~
7 g
~ k 1 --
d
- i t p
~
N ~ B '
~~
~ w V
! ~~ ~
t 4
~
~ ~t
i~~ye
~ k P N I7 • I
y )~ 1.
m
L q ~ ~ 1411 ~4Tr 1
1„
~, ~$ N r,1
~ ~~ ~`~
Goa ~ ~~~ "~
A
loxes'
11/; __~
~ ~~A
--x~wa s;au+a
I,~N ppKN
b >A
b
~k yyCN ({r~~
~QI+~ ~~~
1r s
~ ~~
u9 j
$k n
a Siy/
€A~ e
F ~~D
Ix $ Acv
°~~
I -- Zzo
~g¢n ~, z
I~ N IS ~-S ~j d,-IQ ~~
f. P D•
1 f
~, ~ a ~oc~zm -I
D ~ ~ Z
~ ~ ~ r*1 m
N
O~p~p
I
O' ~t
=~°b
I N~N~
II1} ~ x I~~T.
I ~ u ~1
I p~ ~ F y ~• • O 6
~ i~t~
~~ I r:3 I I I I ~
11 I 1 I
;i
I(~j I
V v I I; ~;I I I I I N
17.1 1 1
@: ~ I
61 L~ I 1
a~ 6~~~~~~~~~~~~~~~.
~~ • ~ ~e
'0 5 eC99'IG w _T.NI,
H 13]lS]' T.Nl.,
.. E USIIIX ROAD
m i ~zl
1
lu 1
q
~ ~~ 1
I
~` I~.a~ I
l~ ~~~1
~ egs j~
III
R~py~pN~D
~
'~4 p"~{
y
w W/ ~~
A
N
Ilq I
I
,ss I
V 1
IHIJ Illtlp
IM
I
71~--;~,
a
1
iW.l
~~
~~ ~ pr
'w it
n>: 1
rosi ~ I
I~ $ I
m
~~~
+o
11F
Y3
~'
k~
nd
8Z
>N
N
x
W
IIuu~~'
Ttd!
~~Q^',:
w
11'
~«
N
~'~.1~
' ti V
( I '
-~ ~>•~
,µ
b
I ms
I d
~ Iwe
.1
~w
o yj
i C 1.
~ S ~~•
N4R
I
„~,I~.~
ef~Ftir
~~
(r' ffi
sly l ~ w8
4<r .ia'le Axvl
s ~ ~~
M ~) ~ _
1 . ,.- -,,,..
II
h
I~
I
Ij
I ~i
4
$v^ $E•' M'w
2R° •~' `~
s~ a,~ ~
?gyg, ~~,• ;;
:~-.~
br4s::..5.;~..~~ 1.
~~u
a ~ ..:._~:_.
~tl ~~~ ~~~
a ~~ _" E ~$
~~~t •
~~ ~
r
le
m
u,5r..., .: E
•~;::.:
a_
s~
4 ~ 3
E
~\
~_
1]10.2Y T_ L7X.. P-IE. f> w ~`I
E. USTICK ROAD $a
~~ ~°
5~'Op'
E `~-. AEI-~.E1~ II
- ~-ate>r Mua!tar~ 1
.~Sy~ I I
~o ~~~ ~ ~~~~ iRl I I 1
J-1 I
DDpeI~p~q§ tr ~ ~ qqb~ i i Ta.~.l
~~ I I I
'~ 5Ga5 &~~41 1 ~ I
a ~y'~ I I I ,n -
v F
an' !ii ~ y I
~o°
~n ~~ ~ 111.•r
5' f
f ~ n 1' ~N
• II
~ T~ iP !'p' 1+ IIY~Z~
gy ~~~p ~[~~ ~9 I II LI~ p$ ~ y~~
~ Y~ ~ ~' ~ IL~~ X, Im mlB8n+
^r ~ Ei ~p~~ II~~R.
• ~ylx- ~04)~ ~ y
x~ 1S W U ti~ n n
-psis+es'v~' Y+~~'~,.L00 ~~S~pl~ ( 9~=/y'
Y
~ ~~~ ~ ~~~
~ ra I I I I I x b
is a i i N >!t
I lia I I hi
f;i I I I ~~€ p e•• og o
f!;3 I I IQ
if ~ U3 I I I I I ~ ~ E
~ f~~~~~~~~~~~~~~~~~a~~~~ ffW n g~
y~ m ~- ~~~ ~ ~ ~ ~~ ° ~ t~;~ g
' N ~a• ~ • _
~~
V
•1 ~'yvMy'
Im ~I `'J
I $A
,gb} F$Fy*
I • 39 I ~,
Im
~~D
m
~~~°
1 sow
zz~
~~ yVI~
_ ~.~~z~
o=
't ~NDwo~.
p~~-1I ~1~ t~~J
• ~ m ~
x3a
~- 'TI
N
r
^',sf° '4~S ~iS '~
A ~ ? _
D.
wp ~~ a$
awl ~ h7
~ ~ D ~'J
~ ~n~
a _i ~ 6Y~J
~ yp.1 `V
-- ~N;`-SSS:rT Ss ; ~ ? Z p
~ Q NZ~g
x°:-- ~ g~Q DpWp ~~
og zAZ~i
' ~ ~mr^ ~
~ °~~
D'
2, p
O ` '*1
O
ki ~ ~ r.
~~ a
r
jW n~ i
~p w
'~ !,e .`
A
y 8 s ^ ~ r # s p
_
~
.
r
_
_
_ 4 ~ 4 p Q Q p S _ _ ~
. d . 8 ' 63t e Y e Y. k @ ~ tl tl : C y ~ a ~ N S ° 6 9 P E
_ ' 8 8 = ' a° 8 ° 3 f ~i 3 u r n '
.v '~ : 3 ; ° . ,7Y S S 3 ' $ E i . 6 ~ 3 S S ~ S 3 ° ~
v
- . a- H ~ 8 3 = 3 5 ° 8 v S 3 & & 8 i d i g .
gg
Y pp - H
_g - tl
°
Y
T y ,°, S YY
g
! Y
B L.. t - y '
m a a e
- L B
$ tl 8+ - - 6 . L
y j i krk E~$ oE YsM ~e~ ~ ~ ~sY ssz zsr ;q ;r? sps rsY :gg z svs ~
ff
- ~ ~
vY . ~~
y
~
-e9 ~
~ . ,8~
m, , ~
~
tly
s r S r r s^
9 s s s s r pp r g q z s s s ~ r r , r r s s sr ^
y r p p p p s p s z z z r z r, g r pp ~
~ = 8 e E 8 Y E 8 e 8 B 8 8 . 8 8 _ 8 a s a tl . ° d M 6 8 9 d 0 P 8 $ " 8 6 8 9 ° Y 8
' S # Y -
~ . , . - i s - 4
8 8
'
-
~
v
a
- Y -
c
' i
- -
a -
^
4 ~ ~
-
e
u $
_ 9 .
a a
4
-g g - ~ E
~~
i
= a e ~ g= g
~~~ ~~~L ~ b ~ ~ ~~~~ ~ ~ ~ ~ ~ 4 ~~ ~ ~ e~ ~~ ~~~~~~~~~
47
bb y
~~~ ~~g~~~~~ ~~~~~ b ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~~ ~~ ~~~~~8~~~
p ~qs ~ ~ ~ 5 ~ ~ ~ ~ ~ 4 ~q ~= 9~~ p~<
D r a ~~~ ~ ~ g~~ ~ ~ a i a ~ ~ ~ ~~ q~ RRpp~~~~q~F
l = ~
a
~~~ ~ q ~ ~ ~ _ ~ m
r~
n ~ w ~ ~ H
~~A~~%8 1 ~ ~1 ~~ ~~
a~ ~ g3 ~
a,~~ ,. ~~lR ~ y~ ,rye, ~R~c ~-~
A . l=1 y ltl
. ~r C
h-i
8
&} a-
r ~ ~ ~ ~ ~ ~ x~~ ~~~ Y~~
_ ~~
Y a - .pv ~ _ ~ e 4p
~~~ ~ ~ ~ N
o ~~
~~
M ~~ ~w ~ ~~~~~ ~~ ~ ~~ ~
`~~ n ~ '~ ~ ~ B~
a
- ADA COUNTY RECORDER Chrl®topher D. Rlch AMOUNT 18.00 4
BOISE IDAHO 72123!2011 02:D9 PM
DEPUTY Gall Darrell ~pp~ ryppry NN
`~ , SlmpllAle aleelronlc Reco,dL,p ~IIfIIl lull llllllll'llll llllllllll~lllllllllllll lllllllllllll
RF,G+DItDIID-nBQUE5r OP Y
FIDFIITYNATIONALTRLE-BOIS 917104827
io7~.s/y
THIRD AMENDMENT TO TI3E DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS AND ARCHITECTURAL CONTROL
COMMITTEE GUIDELINES FOR
BIENVILLE SQUARE COMMERCIAL
THIS THIRD AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS, EASEMENTS AND RESTRICTIONS AND ARCHITECTURAL
CONTROL COMMITTEE GUIDELINES FOR BIENVILLE SQUARE
COMMERCIAL ("First Amendment"), is made effective as of the /!'tday of December;
2011, by Idaho Mutual Tmst, LLC, a Delaware limited liability company, its successors and
assigns ("Declarant").
Declarant hereby amends and partially restates the Declaration of Covenants,
Conditions, Easetnents and Restrictions and Architectural Control Committee Guidelines for
Bienville Square Commercial, recorded in Ada County on January 7, 2004, as Instrument No.
109001537, as amended, (the "Declaration"), as follows:
Article 4.6 Approval of Improvements. No exterior Improvements which are
visible from the exteria• of a Building shall be commenced, constructed, erected, installed,
placed or materially altered within the Property unless and until the plans and specifications,
including without ]imitation the provisions for [he staging of construction, have been reviewed
and approved in advance by the Architectural Control Committee in accordance with Article
XIII. All plans and specifications sttbmliled to the Architectuaral Control Committee shall
comply with Article IV, Tn addition, all Improvements, including the plans and specifications
therefore, shall comply with any and all applicable laws, regulations and ordinances, including
the Meridian City Code.
Article 4.14 Signs. No exterior signs or interior Improvements, whether temporary or
permanent, which may be visible from the exterior of any Building, of any type shall be placed
or maintained on any portion ofthe Banding wilhontfirst complying with the provisions of the
Design Guidelines of the Meridian City Code and be approved in writing by the Architeetuml
Control Committee. Such approval shall not be unreasonable withheld provided thatthe
proposed sign and/or applicable interior Improvements and the locatiat of the same con form to
the standards set forth by the Architechiral Conlml Conmittee. Interiorlmpxovementsmay be
modified without the approval of the Architechval Control Committee so long as the
Improvements are not considered generally offensive, obnoxious or socially irresponsible and
are intended to promote the general business use of the Buildiog.
Article 4.23 Noise. Exterior speakers shall not be allowed on Lots. Only designated
drive thru's shall be allowed to have exterior speakers. Noise levels of exterior speakers shall
be limiledto sixty (60) decibels.
Artic]e 5.8 SignageEasement. Except as limited by a separately recorded inshvment,
Declarant reserves unto Declarant and also herreby grants to the Association anon-exclusive
easement on, over, trader and through that portion of the Property located within twenty (20)
feet of any public right-of-way for the installation, maintenance, repair and replacement of
directional signage and other signage deemed necessary or appropriate, as determined in the
sole and absolute discretion otthe Declarant or the Association to be for the benefit of the
Properly as a whole. In addition, Declarant reserves onto Declarant and also grants to the
Association anon-exclusive easement on over, ender and through that portion of the Properly
located within twenty five (25) feel of Eagle Road fa• the installation, maintenance, repair and
replacement of signege. Notwithstanding anything to the contrary, Declarant or the
Association may assign these easement rights only to specific Owners and allow such specific
Owners the right to place manament signs within the easement areas set forth in this Section.
The Declazant or Association will be limned only in regards to assigning the easement rights in
regards to the twenty five (25) feet of Eagle Road to specific Owners who own said Property
unless Property Owner gives written consent.
Article 6.1 Maintenance Obligations. fiach Owner shall maintain in good order,
repair and condition al(Improvements, landscaping, paved surfaces, and parking lot striping on
an Owner's Lo[ in a first class condition excluding that portion of each Owner's Lol which is
designated as Common Area. Portions of Owners Lots designated as Common Area fm•
purpose of de£tning the maintenance obligations only include street, curbs and sidewalks
commonly lorotvn as >/. Picard Lane, N. Cajun Lane, E. Bourbon Lane, the irrigation
pump house, and the Twenty (20) foof permanent landscape casement fronting Ragle Rd.
Each Owner's maintenance obligations fot• improvements shall include without limitation all
windows and exterior surfaces of any Building or other Improvements of said Owner's Lot.
Building and Improvements shall be washed and cleaned regularly and all trash and rubbish
shall be kept in enclosed containers in a location and manner provided for by the Architectural
Conhol Committee. The Owner's landscaping maintenance responsibilities includes without
limitation, mowing of lawns, trimming of the hedges, automatic sprinkler systems, irrigation,
replacement of dead, diseased or ttnslghtly landscapes, and appropriate pruning of plant
materials on Owner's Lot except areas designated as Common Area. The Owners are
responsible for designating, the maintenance, repair, and restufacing when necessary, all paved
suufaces on O~mer's Lot, except areas designated as Common Area, in a level, smooth and
evenly covered condition with the type of surfacing material originally installed or sach
substitutes as shall in alt respects be equal or superior in quality, use end durability and
re-stripping when necessary, such paved surfaces. The O~mers azexequired to give aminimum
of thirty (30) days notice to the Owners Association for all maintenance as it relates to the
paved surface ueas.
The Owners Association shall maintain in good order, repair and condition alt
Improvements, landscaping, paved surfaces, and parking lot striping for areas designated as
Common Area as well es all property owned by the Owner's Association. In addition, [he
Owner's Association shall 6e responsible for contracting all snow removal and street sweeping
for all streets and parking areas within Bienville Square Commercial to the extent reasonably
necessary to keep in a clean and orderly condition. Lot Owners, iftltey feel necessary, may
elect from time to time to employ their own snow removal and sheet sweeping service outside
of the Association scheduled or contracted occuaences at the Owner's expense. All
maintenance expense, including expenses incurred on designated Common Areas by the
Owner's Association shalt be paid on a pro tats share by each Lot Owner based upon land area
of each Lot. The Board shall have the right, in good faith, to select or assign the designated
property rnanagement or maintenance company to fulfill the obligations of the Ownee's
Association. Selection criteria shall include but not be limited to pricing, reputation of
company, timeliness to complete work, and pastworking experience. In addition, each Owner
shall abide all other rules or requirements applicable to the Property, es promulgated and
amended from time to time by the Declarant or the Association.
Article S.le Insurance. Obtain at commercially roasonable prices, from reputable
insurance companies authorized to do business in the State of Idaho and maintain in affect the
following police of insurance:
All other sectimrs of the Declaration and prior amendments shall remain unchanged and
in full force and effect.
Tlus Third Amendment to the Declaration is executed and acknowledged effective this _ day
of December, 2011, and has been approved by the Declarant pursuant to Article 14.4.a. of the
Declaration.
(SIGNATURE PAGE TO TOLLOVi~
DECLARANT;
IDAHO MUTUAL TRUST, LLC, a Delaware limited liability
company
By: IMT, LLC, an Idaho limited liability company
By: an Bureau
Its: Authorized Signer
STATE OF IDAHO )
ss:
County ofADA )
O this ~~-` day of December, in the year 2011, before me
-k~i~ruLi p- ~ I Nl)1 a notary public in and for the State of Idaho, personally
appeared DAN BUREAU, Authorized Signer of IMT, LLC, Managing Member of IDAHO
MUTUAL TRUST, LLC, known or identified ro me, to be the member who subscribed the
name of 7MT, LLC to the foregoing insttumenl, and acknowledged to me that IMT, LLC
executed the same in the name of Idaho Mutual Trust, LLC.
.••'~ DA F
~~_,1`~~P+~ •NN Mer~ 4~
CJ poTgR~. ~x
~,~
), AUHLI~
9. ._ .f-
%='` tL
Note ry Republ~'<
Residing ttt
My commission
OF
ADA COUNTY RECORDER J- DAVID NAVARRO AMOUNT 12.00 4
BOISE IDAH00226110 09:54AM ~ 1
DEPUTY BOnn79 B.Oberbilly IpI~II~I~~Apg((I~IyIpI~~~~I~Iry~INlllll
RECORDED-REQUEST OF II IIIIII EYI II W
FlRST AMERICAN TRLE AND 71gD77pg7
FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS
EASEMENTS AND RESTRICTION AND ARCHITECTURAL CONTROL
COMMITTEE GUIDELINES OF
BEINVII.LE SQUARE COMMERCIAL
THIS FIRST AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS, EASEMENTS AND RESTRICTION AND ARCffiTECTURAL
CONTROL COMMITTEE GUIDELINES OF BF)(1VMLLE SQUARE COMMERCIAL
("First Amendment") is made effective as of the ~ ay of February, 2010, by Idaho Mutual
Trust, LLC, a Delaware limited liability company, its successors and assigns ("Declarant"}.
Declarant hereby amends and partially restates the Declaration of Covenants,
Conditions, Easements and Restrictions and Architectural Control Committee Guidelines of
Bienville Square Commercial, recorded in Ada County on January 7, 2009, as Instnunent No.
109001537 (the "Declaration") as follows:
Article 1.1 Declarant is the owner of all real property located in the City of
Meridian, County of Ada, State of Idaho, legally described in Exhibit Al attached hereto and
incorporated herein (the "Property"). Declarant anticipates that some or all of the lots shown
may be replatted and further subdivided from time to time.
Article 3.9 Reserved.
TttIS INSTAU~.9ENT FiLEb
Article 3.10 Reserved. FOR RECORD ~Y FIRST
AMERICAN TALE COMPANY
Article 3
11 Reserved. AS AN AC13ATlON
. ONLY. IT HAS NOT BEEN
EXAMINED AS TO 1TB
Article 3.12 Reserved. EXECUTION OR AS TO 1T3
AFFECTS UPON THE TITLE.
Article 3.13 Reserved.
Article 3.14 Common Area shall mean and refer to all real property in which the
Association holds an interest or which is held or maintained, permanently or temporarily, for
the common use, enjoyment, and benefit of all the Owners, and shall include, without
limitafion, all such parcels that are designated as private streets or drives, common open spaces,
common landscaped areas, and waterways. The Common Area may be established from time
to time by Gnmtor on a portion of the Property by describing it on a plat, by granting or
reserving it in a deed or other instrument, or by designating it pursuant to the Declaration or any
Supplemental Declaration. The Common Area may include easement and/or license rights.
Article 3.36 Property shall mean and refer to the real property located in the City of
Meridian, County of Ada, State of Idaho, legally described in Exhibit Al, including each Lot,
parcel, and portion thereof and interest therein, including all water rights associated with or
appurtenant to such Property, which are brought within the jurisdiction hereof by Supplemental
Declaration or otherwise. The Property may also include, in Crrantox's sole and absolute
discretion, such additional property as may be annexed by means of a Supplemental
Declaration.
Article 3.42 Resereved.
Article 5.1 Grant of Easement. Declarant grants unto itself ,for the benefit of
Declazant's Property, an easement for access, ingress, egress and utilities, including but not
limited to, water, sewer, telephone, fiber optic, Internet, cable and electricity, over, under and
across the Property.
Appendices I & 2 Tho references to the Mason Creek Architectural Control
Committee in the Appendices and Exlibits to the Declaration are to be construed as
referencing:
Bienville Square Architectural Contml Committee
12594 W. Explorer Dr., Suite 100
Boise, Idaho 83713
Exhibit D The references to Mason Creek and MCASD in Exhibit D shall be
construed as referencing Bienville Square and BSASD, respectively.
All other sections of the Declaration shall remain unchanged and in full force and effect.
One of the primary functions of this First Amendment is to re-define the real property covered
by the Declaration. More particularly, the following Lots aze no Ionger subject to the
Declaration:
Lots 1-22 & Lot 24 Block 1, Lots 1-35, Block 2, of Bienville Square Subdivision,
according to the plat thereof filed in Book 102 of Plats at Page 13,495 thru 13,498,
records of Ada County, Idaho.
Additionally, this First Amendment eliminates certain irrelevant defni6ons and clarifies
certain Articles, Appendices and Exhibits.
This Amendment to the Declaration is executed and aclmowledged effective t}is 'day of
February, 2010, and has been approved by the Declarant pursuant to Article 14.4.a. of the
Declaration.
[end of text]
AMENDMENT TO DECIAaAT10N -1
DECLARANT:
IDAHO MUTUAL TRUST, LLC, a Delaware limited liability
company
Its:
STATE OF IDAHO )
ss.
County of Ada )
Member
On this day of Febnlary, 2010, before me the undersigned, a Notary Public in and for said
State, personally appeared Ben Slaughter, known or identified to me to be the authorized rnember of
Idaho Mutual Trust, LLC, and acknowledged to me he executed the foregoing on behalf of, and with
authority from, said limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
~gARY
~ ~•~ G
P4~v ~
~+~..... o"~'
rrATB o'?~::
Notary Public: ~L~
Residing at: ~ d C~owtty, Idaho
Commission Expires: ! ~ „ ~g _ I ~ L
AMENDMENT TO DECLARATION-2
EXHIBIT AI
Description of Pmperty for Bienville Square Com-nercial
Lots 23 and 25-30 in Block 1 of Bienville Square Subdivision, according to the plat
thereof filed in Book 102 of Plats at Page 13,495 thru 13,498, records of Ada County,
Idaho.