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THIS DECLARATION is made effective on the _ Corporation, hereinafter referred to as "Declarant." day of January 2007, by BLDt INC., an Idaho
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: CEDAREDGE SUBDIVISION, according to the official plat thereof, recorded October 25, 2006, in Book 96 of Plats at Pages 12012 through 12013 as Instrument No. 106168499, records of Ada County, State of Idaho; NOW, THEREFORE, Grantor hereby declares that the Property and each Lot, parcel or portion thereof, is andlor shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following tenus, 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 the 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 O\V11erand 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. 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, Limited and Enforcement Assessments of the ...Association as further defined in this declaration, 1.3 "Association" shall mean and refer to Cedaredge non-profit corporation, its successors and assigns. 1.4 "Association Homeowners' Association, Inc., an Idaho
Rules" shall mean those rules and regulations
by the Association
MASTER DECLARATION OF COVENANTS, CONDITIONS CEDAREDGE SUBDIVISION - Page I or 23
-governing conduct upon the use of the Property under the jurisdictional' :'9.QDlooH,&Ol:he 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.S "Beneficiary" shall mean a mortgagee under a mortgage or beneficiary under a deed of trust) as the case may be, and/or the assignees of such mortgagee, beneficiary or holder, which mortgage or deed of trust encumbers parcels of real property on the Property. 1,6 "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, except Lots I and 18, Block I; Lot 1, Block 2; Lot 1, Block 3; Lots 8 and 14 Block 4; Lot], Block 5; Lots 7, 16 and 28, Block 6; and Lot 1, Block 8. 1.8 "Bylaws" shall mean the bylaws of the Association. 1.9 "Committee" shall mean the Architectural Committee described in Article V hereof 1.10 "Common Area" shall mean all real property (including all the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The Common Area in Cedaredge Subdivision to be owned by the Association at the time of conveyance of the first Lot is described as follows: Lots 1 and 18, Block 1; Lot 1, Block 2; Lot 1. Block 3; Lots 8 and 14 Block 4; Lot 1, Block 5; Lots 7, 16 and 28, Block 6; and Lot 1, Block 8 are Common Area Lots reserved for .andscaping, irrigation and homeowners recreation facilities. Said Lots are covered by blanket public utility and irrigation easements. These Lots are to be owned and maintained by the Cedaredge Homeowners' Association, or its assigns, Lot l, Block I and Lot 1, Block 2 are also covered by a blanket Boise City sanitary sewer easement. ),11 "Declaration" or "Supplemental Declaration" shall refer to this declaration as hereafter amended and supplemented from time to time. 1.12 "Declarant" shall mean and refer to BLD, 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. 1.13 "Grantor" shall mean and refer to the Declarant. 1.14 "Improvement" shall mean any structure, facility or system, or other improvement Or object, whether 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, except Lots 1 and 18, Block 1; Lot 1, Block 2; Lot 1, Block 3; Lots 8 and 14 Block 4; Lot 1, Block 5; Lots 7, 16 and 28, Block 6; and Lot 1, Block 8.
AND RESTRICTlO:"lS
CEDAREDGE SUBD1VISlON _, Page 2 of 23
1.16~~Member" shall mean each person or entity holding a membership inthe.A~~oci~tion.
1.17 "Mortgage" shall mean and refer to any mortgage or deed to 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 those having such interest merely as security for the performance of an obligation. 1.19 "Plat" shall mean the recorded Plat of CEDAREDGE SUBDIVISION recorded on October 25, 2006, as Instrument No. 106168499, official records of Ada County, Idaho, and the recorded Plat of any other Properties annexed hereto. 1.20 ""Properties" or "Property" shall mean and refer to the 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 or Lot line. 1.22 "Unit" shall mean one residence, which shan be situated upon a Lot.
2.1 Land Use and Building Type. All Lots shall be used for single-family residential purposes and such uses as are customarily incidental thereto. No Lot shall be used at any time for commercial or business purposes except for such conunercial or business purposes as shall be conducted and maintained solely within a residential Dwelling Unit; provided that no signs relating to said commercial or business activities shall be displayed where visible from any public or private road within the subdivision; and further provided that such commercial or business purposes shall not generate more than an average of three customer visits per day calculated over a five day work week; and further provided that such commercial or business purposes shall not cause or result in the parking of vehicles on any public or private road within the subdivision; and further provided that such business does not employ any person not living within the Dwelling Unit constructed on the said Lot. Notwithstanding the foregoing, the Declarant, or persons authorized by the Declarant, may use a Lot or Lots for development and sales activities relating to the subdivision, including but not limited to use of Lots for model homes or a real estate marketing and sales office. The prohibition of use of any Lot or any structure thereon for the conduct of any trade or business or professional activities includes and prohibits use of any Lot or any structure thereon for a "half-way house," treatment center, shelter home, school, day-care center or other similar use, including use for the care or the residence of unrelated physically or mentally handicapped persons (notwithstanding the provisions of Section 67-6530 and 67-6531, Idaho Code). 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. 2.1.1 Size Limitations. All Units shall have not less than 1,300 square feel of interior floor area, exclusive of porches and garages.
MASTER DECLARA nON OF COVENANTS, CEDAREDGE SUBDIVISION - Page 3 of 23
2.1.2 Garages. Each Unikconstruc,te.dwith the Property shallinclude enclosed garage, which is an integral part of the Unit structure.
at least a two (2) car,
2.1.3 Storage Buildings. No outbuilding shall be constructed, erected or placed until the same has been approved by the Architectural Committee as to size, location and exterior design. It is Declarant's intent that the design of any outbuilding, which the Architectural Committee may approve, must be consistent with the dwelling unit existing or to be constructed on the said Lot and the placement of any outbuildings are located to minimize potential negative aesthetic impact on adjoining property and the subdivision. No outside storage building may be constructed to be neither larger than 8' x 10' nor taller than 8' without approval of the Architectural Committee and any applicable government authority with jurisdiction over same. All outbuildings, regardless of size, must be approved in writing by the Architectural Committee and any applicable government authority with jurisdiction over same. 2.1.4 Roofing Material. The roof of each Unit may be constructed of asphalt shingles, or such other material as may be approved by the Architectural Committee in writing. 2.2 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 by 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 to 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 Obligations. 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 Lot 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 Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth herein. 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 including attorney's fees incurred by the Association in taking such corrective action, plus all costs incurred in collecting the amounts due. Each 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, Limited and Enforcement 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 on any Lot shall suffer damage or destruction from any cause, the OVv11er
MASTER DECLARATION OF COVENANTS, CEDAREDGE SUBDIVISION - Page 4 of 23
-thereof shall unijertak~ the repai~storatioiior·reconstruction thereof within ninety (90) days of such damage or destruction. - If after ninety (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. 2.4 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. 2.5 Nuisances. No noxious or offensive activity, including without limitation, those creating an offensive odor, shall be carried on upon any Lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 2.6 Temporary Structures. No improvements of a temporary character, trailer, basement, tent, shack, garage, bam or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily or permanently. 2.7 Signs. All signs shall be subject to the prior written approval of the Architectural Committee, and no sign of any kind shall be displayed to the public view on any Lot except one sign 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. Political signs no more than 2x2 may be displayed for a period up to one month before Election Day. 2.8 Oil and Mining 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 be 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. 2.9 Livestock and Poultry. No animals, livestock, swine, pot-bellied pigs, 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 the are not kept, bred, or maintained for any commercial purpose and provided that the keeper of such pets complies with all city and county laws, rules and regulations. 2.10 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 with the interior of a Unit in sanitary containers. All such material shall only be 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 Supply_ No individual domestic water supply system shall be permitted on any Lot. 2.12 Sewage Disposal. No individual sewage disposal system shall be permitted on any Lot. All Lots shall be subject to all sewer requirements and charges ofthe City of Boise. including the following: 2.12.1 Each Owner shall submit to inspection by the Department of Public Works, the Department of Building, or other Department whenever a subdivided Lot is to be connected to the sewage system constructed and installed on and within its Property. 2.12.2 The Declarant/Owner of this subdivision, or Lot or Lots therein, shall and hereby does
MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS C£OAREDGE SUBDIVISION - Page 5 of 23
vest-in the City ofBoise the right,{Uld power ;tC\-",Qr.ip.Ka\l .actions against the Owner of the premises hereby conveyed or part thereof for the collection of any charges herein stated. 2. J 2.3 A monthly sewer charge must be paid after connecting to the Boise City public sewer system, according to the ordinances and laws of Boise City. 2.13 Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadway shall be placed or permitted to remain on any comer 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 on any Lot within ten (10') feet from the intersection of a street property line with the 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. All fences must at all times comply with Boise City and Ada County Highway District laws, rules and regulations. 2. J 4 Declaranf s Right. Declarant reserves the right to construct residences and other improvements upon any Lot and to offer the same with completed structures thereon for sale to individual Owners, 2.15 Boats, Campers, and Other Vehicles. No boats, trailers, tractors, recreational vehicles, (i.e., any trailers, campers, motor homes, automobile campers or similar vehicle or equipment) dilapidated, un-repaired, broken-down or unsightly vehicles, or similar equipment, motorcycles, snowmobiles, personal watercraft, commercial vehicles or 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 (including streets and driveways) unless enclosed by a structure or screened from view in a manner approved, in writing, by the Architectural Committee. 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 antennae, satellite receivers, or radio aerials shall be installed on the Property, with a diameter larger than 24". Antennae with 24" diameter or less must have Ace approval as to location on premises. 2.18 Hazardous Activities. No activity shall be conducted on or in any Unit or Lot, 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- contained barbecue unit while attended and in use for cooking purposes, or with a safe and well-designed interior fireplace, except such controlled and attended fires required for clearing or maintenance ofland. 2.19 Unsightly Articles. No unsightly articles shall be permitted to remain on any Lot as to be visible from any other portion of the 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 clippings or plant waste, compost piles, metals, building or other materials or scrap 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, in writing, by the Architectural Committee. "Screened" is defined as being concealed or made non-visible from eye level, at grade, from all points within the Property.
MASTER DECLARATION OF COVENANTS, CONDITIONS CEDAREDGE. SUBDIVISION - Page 6 of23
Y2::'20'Light, Sc.ood,;., General. -No-light shall be emitted from any Lot which light is unreasonably.j., bright or causes unreasonable glare. No sound shall be emitted from any Lot, which is unreasonably 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 any permanent improvements, the restrictions contained in this Declaration and any supplemental declarations 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 upon completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays. 2.22 Re-Construction. In any case where it is necessary to reconstruct a Unit said re-construction shall be prosecuted diligently, continuously and without delays from time of conunencing thereof until such structure is fully completed and painted, useless prevented by causes beyond control and only for such time that such causes continue. 2.23 Maintenance and Repair. In the event the improvements on any Lot shall suffer damage, destruction or disrepair from any cause, the Owner thereof shall undertake the repair, restoration and reconstruction thereof within ninety (90) days of such damage or destruction. 2.24 Fences. All fences must comply with all applicable Boise City Code and Ada County Highway District provisions and regulations, and must be approved in writing by the Architectural Committee in accordance with the procedures and provisions of section 2.2 above. Further, all fences installed across the southerly portions of Lots 2, 3, 4, 5, 6, 7 and 8, Block 1 shall be set back a minimum of fifteen feet (15') from the southerly lot lines 'of said Lots and shall not obstruct or otherwise interfere with the Association's access to the Association's easement on said Lots for landscape, utilities and irrigation, which easement is as depicted on the Plat; and no portion of any fence installed on said Lots shall be located in or encroach upon the easement area. 2.25 Dog Runs and Kennels. No dog run or kennel shall be constructed, erected or placed until the same has been approved by the Architectural Committee as to size, location and exterior design. It is Declarant's intent that the placement of any dog run or kennel be located to minimize potential negative aesthetic impact on adjoining property and the subdivision. All dog runs or kennels, regardless of size, must be approved in writing by the Architectural Committee. No dog run Or kennel shall be permitted to be kept or placed within five (5) feet of a set-back line where applicable. Dog runs or kennels shall only be penni ned to be placed and maintained to the rear of dwellings and in no event shall such structure be visible from a street. All such dog runs or kennels shall comply with all applicable laws and rules. 2.26 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 the same. 2.27 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 thirty (30) days of issuance of the Certificate of Occupancy for a residential dwelling Unit on any Lot or as soon thereafter as the weather permits, together with a minimum of two (2) trees, at least 1Yz" in diameter, five (5) one-gallon bushes, and an underground sprinkler system attached to the pressurized irrigation system. AU remaining portions of the yard area of each Lot must be planted with sad, seeded and/or landscaped, within ninety (90) days of issuance of the Certificate of Occupancy, or as soon thereafter as weather permits. The failure of the Owner to timely comply with this paragraph shall constitute a failure to perform exterior maintenance and the Association and/or the Grantor shall have all rights and remedies provided in Section 2.3, or any other provision of this Declaration.
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2.28 No Du~ping.··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 material shall be liable for the cleanup and/or removal costs. 2.29 Drainage. There shall be no interference with the established drainage pattern over any portion of the Property, unless an adequate alternative provision is made for proper drainage and is first approved in writing by the Architectural Committee and the Ada County Highway District ("ACHD"). For the purposes hereof, "established" drainage is defined as the system of drainage, whether natural or otherwise, which exists at the time the overall grading of any portion of the Property is completed by Grantor, or that drainage which is shown on any plans approved by the Architectural Committee and/or ACHD, which may include drainage from Common Area over, any Building Lot in the Property. 2.29.1 ACHD Storm Water Drainage System. Lots 7 and 33, Block 6 are servient to and contain the Ada County Highway District ("ACHD") storm water drainage system. These Lots are encumbered by that certain Master Perpetual Storm Water Drainage Easement recorded on May I, 2004 as Instrument No. 104068411, official records of Ada County, and incorporated herein by this reference as if set forth in full (the "Master Easement"). The Master Easement and the storm water drainage system are dedicated to ACHD pursuant to Section 40-2302 Idaho Code. The Master Easement is for the operation and maintenance of the storm water drainage system. Said easement shall remain free of all encroachments and obstructions (including fences and trees) which may adversely affect the operation and maintenance of the storm drainage facilities. 2,19.1.1 ACHD Right to Inspect and Maintain. ACHD shall have the right at all reasonable times, except in the case of emergency then at any time, to inspect the storm water drainage system, and perform any required maintenance and repairs. 220.127.116.11 ACHD Approval of Amendments. Any amendment of this Declaration, the covenants, conditions and restrictions contained herein, or the Manual for Light Maintenance of Stann Water Facilities dated February, 2004, prepared by Briggs Engineering, having any direct impact or affect on the ACHD storm water drainage system shall be subject to prior review and approval by ACHD. 220.127.116.11 ACHD Assessment and Lien Rights. ACHD shall be entitled to levy assessments to the Association for the reasonable costs of all required maintenance and repairs to the storm water drainage system. ACHD shall be entitled to a continuing lien on Lot 7, Block 6 for such unpaid assessments for maintenance and repair to the storm water drainage system. 2.30 Grading. The Owner of any Lot within the Property shall maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures and devices, means or devices, which are not the responsibility of the Ada County Highway District or other public agency, and plantings and ground cover installed or completed thereon to the specifications outlined in the Lot Grading Plan prepared by Briggs Engineering on file with Ada County Development Services and/or the Home Builder Recommendations and Horne Owner Recommendations report prepared by Bob J. Arnold, PE, as applicable (collectively the "Engineering Reports"). The Engineering Reports recommend the use of French perimeter drains and a controlled roof runoff system for water runoff and drainage control in accordance with the Engineering Reports. Refer to the Engineering Reports for more information. Copies of the Engineering Reports are available to Owners from the Declarant.
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2.31 Water Rights Appurtenant to Subdivision Lands; Pressurized Urban Irrigation System. This subdivision is within the New York Irrigation District (the "Irrigation District"). The Declarant has made provision to provide irrigation water to the individual Lots. Upon final platting of each tract, Grantor shall transfer to the Association from the Property subject to this Declaration, and within the boundaries of the Irrigation District, as defined in Section 31-3805, Idaho Code, that portion of the water rights appurtenant to the applicable tract for the irrigation of the Property within the tract, including the Cedaredge Subdivision Common Areas. The Irrigation District owns that portion of the pressurized urban irrigation system (the "PUIS") located on the Property for the delivery of non-potable (non-drinkable) water to Owners for irrigation of the landscaped areas on their Lots, and to the Association for irrigation of the Cedaredge Subdivision Common Areas. The PUIS is served by the pump station, pumps, pipes and other irrigation facilities (the "pump station") necessary for the PUIS owned and/or operated by the Boise Project Board of Control andlor Winter's Run Subdivision No.1 Homeowners' Association, Inc., and located on or about property located in the Winter's Run Subdivision No. I according to the official plat thereof recorded on June 17,2005 in book 92 of plats at pages 10934 through 10936 as Instrument No. 105079142, records of Ada County, Idaho, which pump station shall serve the both the Cedaredge Subdivision PUIS and the Winter's Run Subdivision No. 1 pressurized urban irrigation system. The construction, ownership, operation and maintenance of the PUIS shall be pursuant to the terms and conditions of an agreement for pressurized urban irrigation system, if any, including any amendments, addendums or supplements thereto (collectively, the "PUIS Agreement") , entered into or to be entered into between the Declarant and/or the Association and/or Winter's Roo Subdivision No. t Homeowners' Association, Inc. and/or the Boise Project Board of Control pursuant to Section 43-330A, Idaho Code. A copy of the PUIS Agreement, if any, shall be available to any Owner at the offices of the Association. Each Lot shall be subject to the Irrigation District's assessments for the cost and expense of water, water delivery, and operation, maintenance, repair or replacement of the PUIS in accordance with the PUIS Agreement. The PUIS may also be used to deliver irrigation water from United Water Idaho from time to time as determined by the Board of the Cedaredge Homeowners' Association and/or the Declarant subject to the PUIS Agreement, ifany, for extended season irrigation purposes. Each Lot shall be subject to United Water Idaho's assessments for the cost and expense of water and water delivery for such extended season irrigation purposes. So long as the Declarant owns any Lot in the Property, Declarant, in its sale and absolute discretion, shall have the right to authorize and obtain delivery of inigation water from United Water Idaho for extended season irrigation purposes. The PUIS shall not include any distribution lines or other improvements beyond the water service taps installed on the Lots, The Association shall have no duty, obligation or responsibility for any portion of the Irrigation System or underground sprinkler system located on a Lot from the point of connection to the PUIS water service taps installed on the Lots, and the maintenance, repair and replacement of same shall be the responsibility and duty of the Owner of the Lot. Further, the Owner of each Lot across which passes an irrigation drainage ditch or pipe shall be responsible for the maintenance thereof unless such responsibility has been assumed otherwise pursuant to the PUIS Agreement. Each owner of a Lot waives any claim against the Association, Declarant, Winter's Run Subdivision No.1 Homeowners' Association, Inc., the Boise Project Board of Control, United Water Idaho and/or the Irrigation District for interruption or unavailability of adequate or contaminated water to or through the PUIS. 2.32 PUIS Rules, Regulations and Information Guide: shall mean the guide, if any, available at the office of the Association containing the rules and regulations of the PUIS for Cedaredge Subdivision adopted or to be adopted by the Board, as may be promulgated by the Board and/or the Declarant and/or the Irrigation District andlor Winter's Run Subdivision No.1 Homeowners' Association, Inc. and/or the Boise
MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CEDAREDGE SUBDIVISION - Page 9 of23
Project ·Board of Control and/or United Water Idaho, or provided for or contained in the PUIS Agreement.and as may be amended from time to time by the Board and/or the Declarant and/or the Irrigation District and/or Winter's Run Subdivision No. 1 Homeowners' Association, Inc. and/or the Boise Project Board of Control and/or United Water Idaho. Each Lot shalt be subject to the PUIS Rules, Regulations and Information Guide. The Association and/or the Declarant and/or the Irrigation District andlor Winter's Run Subdivision No. I Homeowners' Association, Inc. and/or the Boise Project Board of Control and/or United Water Idaho may establish rules regarding scheduling for utilization of the PUIS, including but not limited to establishing alternate day irrigation schedules, time limitations and volume limitations for irrigation water, pursuant to the PUIS Agreement, the Pressurized Urban Irrigation System Rules, Regulations and Information Guide, if any, or any other notice or publication of rules regarding the PUIS. NOTICE REGARDING PRESSURIZED URBAN IRRIGATION SYSTEM
Water from the PUIS is unfit for human consumption. It contains untreated surface water which may contain disease causing organisms and/or other contaminants. If you drink PUIS water it is likely that it will make you sick and, while less likely. it is possible that the illness will result in your death or permanent disability. Surface water can also contain agricultural chemicals that can be hazardous to your health. DO NOT UNDER ANY CIRCUMSTANCES DRINK WATER FROM THE PUIS.
Homeowners ·should ensure that all irrigation water faucets and risers are adequately marked. Do not remove tags or other warning markings from the PUIS risers. If you should find a riser that is unmarked, please notify the Association and/or the Irrigation District. Homeowners should also satisfy themselves that no cross-connections between the potable water system and the PUIS were made by previous owners. Never interconnect your drinking water and the PUIS. If you have any questions or concerns about the PUIS in this subdivision Association, the Irrigation District, the Central District Health Department and/or Environmental Quality. ARTICLE CEDAREDGE SUBDIVISION III ASSOCIATION, INC. please contact the the Department of
3.1 Organization of Association. The Cedaredge Subdivision Homeowners' Association, Inc. ("Association") is an Idaho nonprofit corporation formed under the provisions of the Idaho Nonprofit Corporation Act and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall, for any reason, be amended or otherwise changed Or interpreted so as to be inconsistent with this Declaration. 3.2 Membership. Each Owner of a Lot subject 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 more than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association shall not be assignable, except to the successor-in-interest of the Owner, and all memberships in the Association shall be appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred,pledged or alienated in
MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CEDAREDGE SUBDIVISION - Page 10 of23
w~y;except upon the transfer of title, to said Lot and then only to the transferee of title to said Lot. An)\.: attemptto make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 3.3 Voting. The Association will have two (2) classes of voting memberships. 3.3.1 Class A. Class A members shall be the Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, 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. 3.3.2 Class B. The Class B member shall be the Declarant. Upon the recording hereof, Declarant shalt be entitled to ten (l0) votes for each Lot of which Declarant is the Owner. The class B membership shall Cease and be converted to Class A membership on July 1, 2016, or when the Declarant no longer owns any Lots within the property subject to the Declaration, whichever event shall first occur. 3.4 Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such 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. 3.5 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. 184.108.40.206 Assessments. The power to levy assessments (Annual, Special, Limited and Enforcement) on the Owners of Lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. 184.108.40.206 Right of Enforcement. The power and authority from time to time in its own name, on its 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. 220.127.116.11 Delegation 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 delegate. 184.108.40.206 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules, and regulations as the Association deems reasonable and which are consistent with this Declaration (the Association Rules).
MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CEDAREDGE SUBDIVISION - Page 11 of 23
'18.104.22.168 Emergen.cy(DRolWers.,; The Association or: any person authorized by the 'Association may enter upon any Lot in the event of any emergency involving illness or potential danger to life or property or when necessary in cormection with any maintenance or construction for which it is responsible. Such entry shall be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Association.
3.5.2 Duties of the Association. In addition to power delegated to it by the Articles, without limiting the generality thereof, the Association or its agents, if any, shall have the obligation to conduct all business affairs of common interest to all Owners, and to perform each of the following duties: 220.127.116.11 Right-Or-Way Maintenance. Maintain repair and replace the landscaping, including the sprinkler system installed on any public right-of- way adjacent to the Property and such other landscaping located within the Properties, as the Board deems necessary or appropriate. 184.108.40.206 Common Area Maintenance. The Association shall perpetually maintain the Common Area landscaping on Lots 1 and 18, Block 1; Lot 1, Block 2; Lot 1, Block 3; Lots 8 and 14 Block 4; Lot 1, Block 5; Lots 7, 16 and 28, Block 6; and Lot 1, Block 8 located within the subdivision. 22.214.171.124 Street Lights. The Association shall maintain, repair and replace street lights within the Property to the extent such street lights are not operated, maintained, repaired and replaced by the Ada County Highway District or other governmental entity including the City of Boise. 188.8.131.52 Storm Water Maintenance. Subject to Section 2.29.1 above, the Association shall maintain the storm water drainage system located within the subdivision for the benefit of the Ada County Highway District in accordance and compliance with the Manual for Light Maintenance of Storm Water Facilities dated February, 2004, prepared by Briggs Engineering and all other applicable requirements of the AdaCounty Highway District. 126.96.36.199 Insurance. The Association may obtain from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance. 188.8.131.52.1 Full coverage directors and officers liability insurance with a limit of Two Hundred Fifty Thousand Dollars ($250,000), if the Board so elects. 126.96.36.199.2 Such other insurance including Worker's Compensation insurance to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board 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 the management or possession of any Association funds or other property. 220.127.116.11.3 The Association shall be deemed trustee of the interests of all Members of the Association in any insurance proceeds paid to it under such policies, and shall have full power to receive their interests in such proceeds and to deal
MASTER DECLARATION OF COVENANTS, CONDITIONS CEDAREDGE SUBDIViSION - Page 12 of23
188.8.131.52.4 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 18.104.22.168 Rule Making. Make, establish, promulgate, amend and repeal the Association rules. 126.96.36.199 Architectural Committee. Appoint and remove members of the Committee, all subject to the provisions of this Declaration. 18.104.22.168 Subdivision Approval Responsibilities. Perform all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals relating to the Property including, without limitation, those set forth in the preliminary plat approval for the Subdivision. 3.6 Personal Liability. No member of the Board or any committee of the Association or the Architectural Corrunittee 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 Board, the manager, if any, or any other representative or employee of the Association, the Declarant or the Architectural Committee, any other committee or any officer of the Association, or the Declarant, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct.
4.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association: 4.1.1 Annual regular assessments or charges. 4.1.2 Special assessments for capital improvements, collected as hereinafter provided. 4.1.3 Limited assessments as hereinafter provided and; 4.1.4 Enforcement assessments as hereinafter provided. The Regular, Special, Limited and Enforcement assessments, together with interest, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. such assessments to be established and
MASTER DECLARATION OF COVENANTS, CEDAREDGE SUBDIVISION - Page 130[23
4.2 Purpose of Assessments. 4.2.1 Regular Assessments. The regular annual assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of any landscaped areas maintained by the Association, to pay property taxes and other assessments, to pay the annual assessments by the Irrigation District for delivery of irrigation water, and operation, maintenance and repair of the PUIS, assessments by the Boise Project Board of Control andlor Winter's Run Subdivision No. 1 Homeowners' Association, lnc., for the operation, maintenance and repair of the pump station, assessments by United Water Idaho or any other entity for delivery of extended season irrigation water, and to pay any assessments by ACHD for the maintenance and repair of the storm water drainage system, and to pay such other reasonable costs and expenses which are incurred by the Association in carrying out the duties, and business of the Association. 4.2.2 Special Assessments for Capital Improvement. In addition to the annual regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, costs and expenses of the Association which exceed the regular assessments, provided that any such assessment shall be approved by a two-thirds (2/3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Additionally, upon the sale of each Lot by Grantor or an Owner, the purchaser shall pay a one-time special assessment set up fee of Three Hundred Dollars ($300.00) (inclusive of a Fifty Dollar ($50.00) transfer fee) per Lot. Such special assessment shall be paid on or before the date of recordation of the deed from Grantor or an Owner to the purchaser. Grantor or an Owner, as agent for the Association, shall be entitled to collect this one-time special assessment at the closing of the Lot sale. This one-time special assessment shall be used to defray organizational cost for the Association and general costs of operation. 4.2.3 Limited Assessments. The limited assessments may be levied against any owner in an amount equal to the costs and expenses incurred by the Association, including legal fees for corrective action necessitated by such Owner, without limitation, costs and expenses incurred for the repair and replacement of any property maintained by the Association damaged by negligent or willful acts of any Owner or occupant of a Lot who is occupying the Lot with the consent of such Owner, or for maintenance of landscaping performed by the Association which has not been performed by Owner as provided herein. 4.2.4 Enforcement Assessments. Enforcement assessments may be levied against any Owner in an amount equal to the attorneys fees, costs and expenses incurred by the Association in attempting to collect any assessment or enforce any covenant, condition or restriction provided for herein, or in demanding an Owner's compliance with any provision of this Declaration, including but not limited to charges for compliance demand notices, and attorneys fees, costs and expenses necessitated by such Owner's failure to correct non-complying conditions. In the event the Association or an Owner is required to initiate any action to enforce the provisions of this Declaration, it shall be entitled to recover from the Owner against whom enforcement is sought, all attorney fees, costs and expenses incurred as a consequence thereof, whether or not any lawsuit is actually filed, and any such attorney fees, costs and expenses so incurred by the Association shall be added to and become a part of the assessment to which such Owner's Lot is subject. 4.3 Maximum Annual Regular Assessment. The initial maximum annual regular assessment to be assessed by the Association shall be Three Hundred Dollars ($300.00) per Lot per year, exclusive of fees and
MASTER DECLARATION OF COVENANTS, CEDAREDGE SUBDIVISION - Page 14 of23
.assesaareatszof.the Irrigation District for delivery of irrigation water, operation, maintenance and rep<~iLef5~re£HS .:; PUIS, or assessments by the Boise Project Board of Control and/or Winter's Run Subdivision No. 1 Homeowners' Association, Inc., for the operation, maintenance and repair of the pump station, assessments by United Water Idaho or any other entity for delivery of extended season irrigation water, or any assessments by ACHD for the maintenance and repair of the storm water drainage system. 4.3.1 The maximum annual assessment may be increased by the Board each year by not more than ten percent (10%) above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. 4.3.2 The maximum annual assessment may be increased above ten percent (10%) by a two-thirds (2/3) vote each class of the members who are voting in person or by proxy, at a meeting duly called for this purpose. 4.3.3 The Board of Directors of the Association may fix the amount of the annual assessment at an amount not in excess of the maximum as established from time to time.
4.3.4 The total annual regular assessment, levied against the Lots owned by lessor of (a) the amount of the regular assessment per Lot multiplied by by the Declarant or (b) the difference between the total annual assessment by the other parties, other than the Declarant, and the reasonable expenditure purposes described in Section 4.2.1 for the fiscal year.
be the owned owned for the
the Declarant, shall the number of lots levied against lots of the Association
4.4 Notice and Quorum for any Action Authorized Under Sections 4.2.2 and 4.3. Written notice of any meeting called for the purpose of taking any action authorized under Sections 4.3 and 4.4 shall be sent to all members not less than ten days (10) or more than fifty (50) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (l/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 4.5 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on an annual or other basis as determined by the Association from time to time.
4.6 Date of Commencement of Annual Assessments - Due Dates. The annual regular assessments Or any special assessments then in effect as provided for herein shall commence as to a Lot or Lots on the first day of the first year following the conveyance of the Lot or Lots from Declarant to an Owner or Owners. The Board off Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its Issuance. 4.7 Effect of Non-payment of Assessments - Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twenty-one percent
MASTER DECLARATION OF COVENANTS, CEDAREDGE SUBDIVISION - Page 15 of23
(21 %}per; aijrtum or at the.highest rate allowed by law if such rate is less than 21 %. The Association .w~>::r annum bring an' action'at law against the Owner personally obligated to pay the same, and/or an action to foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
4.B Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payment, which become due prior to such sale or transfer but shall not extinguish personal liability. No sale or transfer but shall relieve such Lot from liability for any assessments thereafter. becoming due or from the lien thereof
5. t Members of the Committee. The Architectural Conunittee for the Property, sometimes referred to as the "Committee", shall consist of three (3) members. The following persons are hereby designated by Declarant as the initial members of the Committee for the Property: Address Rod Blackstead 11760 W. Executive Drive, #120 Boise, ID 83713 11760 W. Executive Drive, #120 Boise, lD 83713
Shaunna Berry
Jeffrey J. Blackstead
11760 W. Executive Drive, #120 Boise, ID 83713
Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. Members of the Committee may be removed at any time without cause. 5.2 Right of Appointment and Removal. At any time, Grantor is the Owner of at least one (1) of the Lots, Grantor shall have the right to appoint and remove all members of the Committee. Thereafter, the Board of Directors of the Association shall have the power to appoint and remove all members of the Committee. Members of the Committee may be removed at any time, without cause. 5.3 Review of Proposed Construction. The Committee shall consider and act upon any and all proposals of plans and specifications submitted for its approval pursuant to this Declaration, and perform such other duties as from time to time shall be assigned to it by the Board of the Association, including the inspection of construction in progress to assure its conformance with plans approved by the Committee. The Board shall have the power to determine, by rule or their written designation consistent with this Declaration, which types of improvements shall be submitted to the Committee to review and approval. The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of any structure affected thereby will be in harmony with the surrounding structures, and that
MASTER DECLARATION OF COVENANTS, CEDAREDGE SUBDIVISION - Page 16 of23
the upkeep' and maintenance.thereof
will act.become a burden on the Association.
5.3.1 Conditions on Approval. The Committee may condition its approval 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 easements to an Association for the maintenance thereof, upon the agreement of the Applicant to reimburse the Association for the cost of maintenance, or upon all three, any may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 5.3.2 Committee Rules and Fees. The Committee also may establish, from time to time, rules and/or guidelines setting forth procedures for the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approval, or additional factors which it will take into consideration in reviewing submissions. The Committee shall determine the amount of such fee in a reasonable manner, provided that in no event shall such fee exceed One Hundred Dollars ($100.00) Such fees shall be used to defray the costs and expenses of the Committee or for such other purposes as established by the Board. Such rules and guidelines may establish, without limitation, procedures, specific rules and regulations regarding design and style elements, landscaping and fences and other structures such as animal enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to public andlor private open space. 5.3.3 Detailed Plans. The Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material colors. Until receipt by the Committee of any required plans and specifications, the Committee may postpone review of any plan submitted for approval. 5.3.4 Committee Decisions. Decisions of the Committee and the reasons therefor shall be transmitted by the Committee to the Applicant at the address set forth in the application for approval within seven (7) days after filing all materials required by the Committee. Any materials submitted pursuant to this Article shall be deemed approved unless written disapproval by the Committee shall have been mailed to the Applicant within seven (7) days after the date of the filing of said materials with the Committee. The said seven (7) day period shall only commence to run when an authorized representative of the Committee has executed an application form acknowledging acceptance of such application and acknowledging that such application is complete. 5.4 Meetings of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing, designate a Committee Representative (who may, but not need be on of its members) to take any action or perform any duties for and on behalf of the Committee, except the granting of variances pursuant to Section 5.9. In the absence of such designation, the vote of any two (2) members of the Committee, or the written consent of any two (2) members of the Committee taken without a meeting, shall constitute an act of the committee. 5.5 No Waiver of Future Approvals. The approval of the Committee of any proposals or plans and specifications or drawings for any work done or proposed, Or in connection with any other matter requiring the approval and consent of the Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever
MASTER DECLARATION OF COVENANTS, CEDAREDGE SUBDIVISION - Page 17 of23
·sub~q-4_ently or addijionally.submitted
for approval or consent.
5.6 Compensation of Members. The members of the Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder and except as otherwise agreed by the Board. S.7lnspection of Work. Inspection of work and correction of defects therein shall proceed as follows:
5.7.1 Upon the completion of any work for which approved plans are required under this Article, the Owner shall give written notice of completion the Committee.
5.7.2 Within sixty (60) days thereafter, the Committee or its duly authorized representative may inspect such improvement. If the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such non- compliance with such sixty (60) day period, specifying the particular noncompliance, and shall require the Owner to remedy the same. 5.7.3 If for any reason the Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of the written notice of compliance from the Owner, the improvement shall be deemed to be in accordance with the approved plans. 5.8 Non-Liability of Committee Members. Neither the Committee nor any member thereof, nor its duly authorized Committee representative, shall be liable to the Association, or to any Owner or Grantee for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder, provided such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. The Committee shall review and approve or disapprove all plans submitted 10 it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment, which would result in the immediate vicinity and to the Property generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. 5.9 Variances: The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or any Supplemental Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography. natural. obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Committee, and shall become effective upon recordation in the Office of the County Recorder of Ada County. If such variances are granted, no violation of the Restrictions contained in this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof, covered by the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting his use of the premises, including but not limited to zoning ordinances and Lot set-back lines or requirements imposed by any governmental or municipal authority. Notwithstanding and without waiving the foregoing requirements for future approvals and
MASTER DECLARATION OF COVENANTS, CEDAREDGE SUBDIVISION - Page 18 of23
~ variances of the Committee pursuanttothis-Article V; Lo~ 8, Block 1 is hereby granted a general ap~~o~.~ll~eq;": : variance for an residential dwelling improvements previously existing on said Lot 8, Block 1 pnor to {fie recordation of this Declaration, ARTICLE VI
EASEMENTS 6.1 Maintenance and Use Easement between Walls and Lot Lines. Except as otherwise designated or dimensioned as shown or noted on the Plat, all Lots shall have a ten foot (10') wide easement contiguous to all streets and exterior subdivision boundaries, and a five foot (5') wide easement contiguous to all interior side and rear lot lines in favor of the Association, Boise City for street lights, or any appropriate utility company for public utilities, drainage, maintenance and irrigation purposes; provided, however, that the common interior lot lines between Lots 2 and 3, Lots 4 and 5, Lots 6 and 7, Block 1, and the common interior lot lines between Lots 2 and 3, Lots 4 and 5, Lots 6 and 7, Lots 8 and 9, Block 3 are excepted from the five foot (5') wide easement contiguous to all interior side lot lines as noted on the Plat. These easements shall not preclude the construction of hard-surfaced driveways and walkways to each Lot. 6.2 Association's Landscape, Utility and Irrigation Easement. Lots 2, 3, 4, 5,6, 7 and 8, Block 1 shall have a fifteen foot (15') wide easement contiguous to the southerly lot lines of said Lots for landscape, utilities and irrigation as depicted on the Plat. The Association shall maintain all landscaping and irrigation facilities located within the easement area. All fencing installed on said Lots shall be approved by the Architectural Committee and comply with the set back and other provisions for fences set forth in section 2.24 above. 6.3 Common Area Easements. Lots 1 and 18, Block I; Lot 1, Block 2; Lot 1, Block 3; Lots 8 and 14 Block 4; Lot 1, Block 5; Lots 7, 16 and 28, Block 6; and Lot 1, Block 8 are Common Area Lots reserved for landscaping, irrigation and homeowners recreation facilities. Said Lots are covered by blanket public utility and irrigation easements. These Lots are to be owned and maintained by the Cedaredge Homeowners' Association, or its assigns. 6.4 ACHD Storm Water Drainage Easement. Lots 7 and 33, Block 6 are servient to and contain the ACHD storm water drainage system. These Lots are encumbered by that certain Master Perpetual Storm Water Drainage Easement recorded on May 1,2004 as Instrument No. 104068411, official records of Ada County, and incorporated herein by this reference as if set forth in full (the "Master Easement"). The Master Easement and the storm water drainage system are dedicated to AeHD pursuant to Section 40-2302 Idaho Code. The Master Easement is for the operation and maintenance of the storm water drainage system. 6.5 Boise City Sanitary Sewer Easement. Lots 5 and 6, Block 6 are subject to a seventeen foot (I7') Boise City sanitary sewer easement as shown on the Plat. 6.6 Utility, Sanitary Sewer and Emergency Access Easement. Lot 7, Block 6 is subject to a twenty foot (20') utility, sanitary sewer and emergency access easement as shown on the Plat. 6.7 Patio Home Zero Lot Line Common Party Walls. common party wall shall be subject to the following: Each owner on each side of a Patio Home
6.7.1 Patio Home Lots. The following Lots in this subdivision are designated as Patio Home Lots, The following Lots which are listed together shall have one common party wall on the common
MASTER DECLARATION OF COVENANTS. CEDAREDGE SUBDIVISION - Page 19 of23
interior lot-line between t~e two listed
:n ihi.-;
Lots 2 and 3, Lots 4 and 5, Lots 6 and 7, Block]; and Lots 2 and 3, Lots 4 and 5, Lots 6 and 7, Lots 8 and 9, Block 3 6.7.2 General Rules of Law Apply. Each zero line lot line common party wall which is built as a part of the construction of any of the Patio Homes, and which is placed on the common interior lot line between the Lots, shall constitute a common party wall, and to the extent not inconsistent with the provisions of this Section, the general rules of law regarding common party walls and liability for property damage due to negligence or willful acts of omissions shall apply thereto. Except for repairs after a casualty, no Owner shall be allowed to penetrate any common party wall. 6.7.3 Sharing of Repair and Maintenance. The cost of reasonable structural repair and maintenance of a common party wall shall be shared equally by the Owners who make use of the common party wall. Each owner shall be solely responsible for maintenance and repairs to the interior surface of the common party wall in each Owner's own Patio Home; provided, however, that in the event an Owner's interior surface is damaged by the other Owner to the common party wall or the other Owner's Occupants, then the other Owner shall be liable for the repairs. 6.7.4 Destruction by Fire or Other Casualu:.. If a common party wall is destroyed or damaged by fire or other casualty, any Owner who used the common party wall may restore it, and if the Owners thereafter make use of the common party wall, they shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. 6.7.5 Weatherproofing. Notwithstanding any other provisions of this Section, an Owner who by his negligent or willful act causes the common party wall to be exposed to the elements shall bear the whole cost of repair to such common party wall and the furnishing of the necessary protection against such elements. 6.7.6 Utilities. Any utilities or utility services located within the common party walls shall be maintained byeach Owner using the utility. 6.8 Other Easements and Restrictions Shown on Plat. All other easements and restrictions are as set forth on the Plat, and are hereby incorporated by reference and notice is hereby given of the same.
7.1 Enforcement. The Association or any Owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an O'M1er to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In the event the Association or an Owner is required to initiate any action to enforce the provisions of this Declaration, it shall be entitled to recover from the Owner against whom enforcement is sought, all attorney fees and costs incurred as a consequence thereof, whether or not any lawsuit is actually filed, and any such attorney fees and costs so incurred by the Association shall be a continuing lien on the Owner's Lot and be
MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CEDAREDGE SUBDIVISION - Page 20 of23
.added to and become a part of the assessmentto
which such Owner's.Lot.issubject
7.2 Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provision, which shall remain in fuJI force and effect. 7.3 Interpretation. The terms, covenants and conditions consistently and in a manner to protect and promote Property values. hereof are to be read and interpreted
7.4 Tenn and Amendment. The covenants and restrictions of this Declaration shall run with and birrd the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless an instrument signed by seventy-five percent (75%) of the then Owners of the Lots has been recorded, agreeing to change said covenants in whole or in part. This Declaration may be amended, restated, replaced, terminated or superseded during the first twenty (20) year period by an instrument signed by the President and Secretary of the Association affirming that such amendment was approved by two-thirds (2/3) of the Owners of the Lots covered by this Declaration or by an instrument signed by two-thirds (2/3) of the Lot Owners; provided, however, that if Grantor is still the Owner of any Lots the provisions of Article III may not be amended without the written consent and vote of the Grantor. Any amendment shall be recorded. No dissolution of the association shall be accomplished without the consent of Ada County Highway District, or Boise City or their assigns. ARTICLE ANNEXATION VIII
8.1 Land Subject to Annexation: Declarant hereby reserves the right to annex any adjacent or contiguous real property into the project, including but not limited to the real property described in Exhibit "A", if any, attached hereto and incorporated by this reference, or any portion thereof (herein referred to as annexable or annexed property) owned by Declarant or affiliates at the time of annexation into the Association, and after annexation, the annexed property will be included in the definition of "PROPERTIES". The annexation of the annexable property, or portions thereof, from time to time, shall be effected by recording a Notice of Annexation or Supplemental Declaration particularly describing the real property to be annexed and added to the project created by this Declaration, pursuant to the provisions of this Article XIII. Upon the recording of a Notice of Annexation containing the provisions set forth in this Section (which Notice may be contained within a Supplemental Declaration affecting such property), except as may be provided for therein, the covenants, conditions and restrictions contained in this Declaration shall apply to the added land in the same manner as if it were originally covered by this Declaration and originaJly constituted a portion of the project; and thereafter, the rights, privileges, duties and liabilities of the parties to this Declaration with respect to the added land shall be the same as with respect to the original land, and the rights, privileges, duties and liabilities of the Owners, lessees and occupants of Lots and Units within the added land shall be the same as in the case of the original land. Notwithstanding the foregoing, any Supplemental Declaration may provide a special procedure for amendment of any specified provision thereof, e.g., by a specified vote of only the owners of Dwelling Units within the area subject thereto. Any provision of a Supplemental Declaration for which no special amendment procedure is provided shall be subject to amendment in the manner provided in this Declaration. By accepting .a deed to a lot within the Cedaredge Subdivision, each owner shall be conclusively deemed to have waived any objections, or any present or future right to object, to the annexation of the
MASTER DECLARATION OF COVENANTS, CEDAREDGE SUBDIVISION - Page 21 of23
,'.~nnex~ble property, and to any zoning applicationfs) filed by Declarant pertaining.te.the annexable ptQperty. Each owner further consents to the subdivision and development of such annexable property in accordance with applicable zoning ordinances then in force and effect and applicable to the annexable property, including such development as shall be required to provide access to the annexable property (including the lots subdivided therein) by the public right(s)-of-way within the subdivision, and the extension of utility facilities located within the subdivision to serve the annexed property (including the lots subdivided therein). Any of the above-described real property may be annexed into the project by the recordation of a Notice of Annexation executed by Declarant and containing the following information:
A. A reference to this Declaration, which reference shall state the date of recordation hereof and the
8.2 Procedure for Annexation:
Recorder's instrument number or the book and page of the official records of Ada County where this Declaration is recorded;
An exact legal description of the added land; of this Declaration shall apply to the added land, except as set
C. A statement that the provisions
forth therein; and
A statement of the use restrictions applicable to the annexed property which restrictions may be the same or different from those set forth in this Declaration.
IN WITNESS WHEREOF, the Grantor has executed and acknowledged this Declaration effective as of the day and year first written above. BLD, INC., an Idaho Corporation
By: Its:
/2' ...~(=A .... (..,,~L Rod Blackstead President
MASTER DECLARATION OF COVENANTS, CONDITIONS CEDAREDGE SUBDIVISION - Page 22 of 23
'ST>AT::BOF'IDAHO ., County of Ada '. ~
) ss.
On this
for said State, personally appeared ROD BlA STEAD, known or identified to me to be the President of BlD, INC. the company that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same, IN WITNESS WHEREOF, I have hereunto se) my hand and affi ~y in this certificate first above written. 1official seal, the day and year
jfl'r-_ day oK11l'~.
2007, before me the undersigned, a Notary Public in and
Residing in Boise. Idaho My Commission Expires 08/31/08
MASTER DECLARATION OF COVENANTS, CEDAREDGE SUBDIVISION - Page 23 of23
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text:
List all words ending with cochairman
Only the word cochairman was found, nothing longer.
Some random words: ohias by vroom fees gharial ouph attune
This is not a dictionary, it's a word game wordfinder.
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subset: commoncrawl


text:
Openerp vps Jobs:
|Price (USD)
|Price (USD)
|R programming with shiny And hosted on VPS
|Need someone to code a dynamic chart with several drop downs. This needs to be in R and Shiny and placed on a VPS that I have yet to have? I will need your recommendations on a cheap reliable VPS to purchase to run R, Shiny and host my database. The data is currently at 400,000 rows with 17 columns. Basically, every column needs to have a filter, (dropDown) that is reactive to the other c...
|HTML, PHP, R Programming Language, Website Design
|Jul 28, 2016
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|Video Broadcasting, HTML5, Jabber, XMPP
|Jul 28, 2016
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|private metin2 server
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|Game Design, Game Consoles, Game Development, GameSalad
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|Today6d 10h
|small magneto fix -- 2
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|Build an Online Store Java Web Developer
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|Create a WordPress site from PSD
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|PHP, Javascript, Wordpress, CSS, HTML
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|Close my website hosting and re-open under another plan
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|Jul 26, 2016
|Jul 26, 20165d 16h
|Modification in Client App & Server(VPS Centos)
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|Want to Set a Dedicated/VPS as Streaming Server for Online Radio and TV In Radio-the Audio playing on a local pc will stream online In TV- files will be uploaded to server that will stream online -also want admin panel for this to customize playlist -want permanenet logo on stream tv -also want youtube video means add youtube link to playlist that will stream online -add another stream in p...
|PHP, Website Design, HTML, Microsoft SQL Server
|Jul 26, 2016
|Jul 26, 20165d 7h
|FusionPBX Extra Post Config
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|Linux, Asterisk PBX, VoIP, FreeSwitch
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|PHP, Linux, Email Marketing
|Jul 25, 2016
|Jul 25, 20164d 10h
|small magneto fix
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|Jul 25, 20164d 9h
|Fix OpenVPN Server running on Ubuntu
|Hello! I am in need of some assistance for my OpenVPN server running on a Ubuntu VPS. It has been working very fine before but now something is wrong with the server. I have no idea what it can be and nothing has been changed on the server or the clients. Here is the log from one of the clients trying to connect: 2016-07-25 19:17:02 *Tunnelblick: Established communication with OpenVPN ...
|Linux, VPS, Ubuntu
|Jul 25, 2016
|Jul 25, 20164d 7h
|Install Windows Server on VirtualBox on an Ubuntu Xenial Server
|*** PLEASE READ BEFORE SENDING YOUR PROPOSITION *** Hello, I have just bought a VPS running on Ubuntu Xenial. I'd like to install and run VirtualBox to use Windows Server. I am experiencing Kernel issues when I'd like to start the VM, so the job consists in fix this issue and then install Windows Server 2012 (the ISO is ready on the disk).
|Linux, Windows Server, Ubuntu
|Jul 24, 2016
|Jul 24, 20162d 22h
|Migrate 5 vps vm proxmox old: add new proxmox
|Migrate 5 vps vm proxmox old: add new proxmox the fixed probleme migrate everything works
|PHP, System Admin, HTML, Database Administration, Network Administration
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|Jul 23, 20162d 8h
|CREATe 4 VPS +config proxmox fulL+add ip
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|PHP, System Admin, Website Management, Database Administration, Network Administration
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|Migrate 5 vps vm proxmox old: add new proxmox
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|PHP, System Admin, Linux, Network Administration, Heating Systems
|Jul 23, 2016
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|Pirates Online Retribution
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|Python, Linux, Database Development
|Jul 23, 2016
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|setup and secure web server
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|PHP, Linux, Nginx, VPS
|Jul 23, 2016
|Jul 23, 20161d 17h
|Use a python back-end and sqlite to create website frontend
|I need a frontend and backend developed based off this API: https://github.com/modrzew/pokeminer (which is based off this api: https://github.com/AHAAAAAAA/PokemonGo-Map) I have it successfully running on a VPS, but need help creating the website and loading data from the database to a map. Do not apply unless you have extensive knowledge in Ubuntu Linux Management, Python and web Design/Devel...
|PHP, Python, Linux, HTML, SQLite
|Jul 22, 2016
|Jul 22, 20161d 15h
Showing 1 to 20 of 29 entries
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text:
08 May 2012
Name: Josh Moore
Country: USA
Vehicle: 1994 Acura Integra GSR
Horsepower: 517
Engine/Performance Info/Modifications:
Bottom End:
- 84mm Benson sleeves
- Pauter rods
- CP pistons
- ACL bearings
- ARP main studs
- Polished/balanced crank
- Moroso oil pan
- OEM oil pickup
- Type-R Oil Pump
- Rotating assembly
- Fully Balanced and blueprinted
- Speed Theory block fittings
- Torco Break-in Oil SAE 30
Top End:
- Full port and polish
- Deburred and re-worked combustion chambers
- 01 ITR cams
- 01 ITR LMA's
- Crower springs
- Crower retainers
- Supertech 0.5mm oversized valves
- KMS bronze guides
- BDL cam gears
- ARP head studs
- Golden Eagle head gasket
- Edelbrock Victor X intake
- Hondata intake manifold gasket
- Professional Products 68mm throttle body
- Blox TPS sensor
- NGK plug wires
- NGK spark plugs
- OEM cap/rotor button
- Shaved and powder-coated valve cover
- Built by Mista Bone aka Tranzex aka Transbone
- 97 GSR transmission
- MFactory helical LSD
- MFactory magnetic drain plug
- MFactory differential bearings
- Synchrotech carbon-coated synchros
- Torco RTF fluid
- Go-Autoworks braided clutch-line kit
- New OEM 3-4 slider
- New bearings/seals/dust boot/springs
- Competition Clutch twin disc
- ARP flywheel bolts
- ARP pressure plate bolts
Boost Goodies:
- Precision 6262 journal bearing
- T3 V Band 0.82ar
- Precision 46mm wastegate
- DeatschWerks 1000cc injectors
- Go-Autoworks topmount
- Go-Autoworks hood exit downpipe
- Go-Autoworks dump tube
- PWR intercooler
- HKS limited edition black blow-off valve
- SpeedFactory 4 bar MAP sensor
- Go-Autoworks GT Series oil catch can
- Go-Autoworks Pro Series black oil line kit
- Go-Autoworks intercooler piping kit 2.5" w/black couplers
- Auto Meter Sport-Comp black faced boost gauge
- AEM UEGO wideband
- PWM boost solenoid
- Hondata s300 (tuned by Steve Wilson)
- Innovative Racing Mounts 85a bushing (Powder-coated. Same color as valve cover)
- Full Blown twin walbro setup
- Aeromotive fuel pressure regulator
- Aeromotive fuel filter
- Edelbrock Pro-Flo fuel rail
- JEGS liquid-filled CF fuel pressure gauge 0-100PSI
- JEGS AN fittings (black)
- JEGS SS line (black)
Wheels & Tires Info/Modifications:
- Drag DR21 (gold with silver lip) 15"
- Kumho 195/50-15
- Lenso VPD front drag wheels (satin black)
- Hoosier 24.5x9x13 slicks
- ARP extended wheel studs
Suspension Info/Modifications:
- Ground Control coilovers
- KONI yellow struts
- Skunk2 Upper Control Arms (Front)
- Skunk2 Lower Control Arms (Rear)
- 2010 Infiniti midnight mocha paint
Interior Info/Modifications:
- Quad-Pod cluster bezel and clock gauge bezel
- Auto Meter Sport-Comp black-faced gauges
- Go-Autoworks
- Competition Clutch
- Sharp! Apparel
- Moddiction
- Attention To Details Mobile Auto Detailing
- Wilson Tuning
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THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
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discussed in biography
Returning to Flint, Moore filmed his first documentary, Roger & Me (1989), which chronicles the effects of unemployment in Flint due to the closing of two General Motors (GM) factories and the company's longer-term policy of downsizing. At the centre of the film were Moore's "in-your-face" efforts to gain an audience with GM's chairman, Roger Smith....


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Men Who Swim
A humorous and poignant look at a group of middle-aged men who have found unlikely success as members of Swedens all-male synchronized swimming team.
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