At the close of escrow on any individual home site within the subdivision by the Declarant, the purchaser of such Lot shall be required to pay an initial capital contribution to the Association in the amount of three-hundred dollars and zero cents ($300.00). It is anticipated that Member dues will be approximately eight-hundred dollars and zero cents ($800.00) per year, and billed on a quarterly basis.  In addition, buyer will provide at time of closing a one-thousand dollar and zero cents ($1,000.00)  refundable security deposit.  This deposit will be refunded at time of lot build out completion, and will be used for any necessary construction clean up which the lot owner fails to satisfactorily conduct to ensure the aesthetic of the subdivision. 

Section 4.6 – Declarant’s Assessment Provision

Until such time as Declarant has conveyed title to a Lot to a buyer, or Declarant has constructed a residence thereon to completion, such Lot or Lots shall not be subject to any assessment by the Association, nor shall Declarant be liable for any Assessments as described within this document. 

Once property Owners have commenced paying Assessments and Association dues, and until one-hundred percent (100%) of all Lots are sold by Declarant within the subdivision, all services that the Association is required to provide that are directly paid by Declarant will be reimbursed to Declarant to the amount of Assessments collected, based on majority vote by the Association Board at the time that Declarant’s service provision is at reasonable cost. 

Section 4.7 Assessment Commencement Date

The Association Board, by majority vote, shall authorize and levy the amount of the annual assessment upon each Lot, with annual Assessments commencing as follows:

(a)    The first day of the calendar month following the close of escrow to a purchaser of the first Lot in the original subdivision.

(b)   The annual assessment for each purchaser shall be prorated in accordance with the calendar year, and in accordance with the months remaining in that calendar year as a twelve (12) Lot apportionment as a function of the first day of the calendar month following close of escrow and all remaining months within that calendar year.

(c)    Annual Assessments shall be collected in advance on a regular basis by the Association Board, at such frequency and at such due dates as the Association Board shall determine from time to time in its sole discretion. The Association Board, on demand, shall furnish a written and signed statement of annual Assessments paid and/or in arrears to any individual Member. The Association Board may also, at its sole discretion, in the event of an operating surplus either return such surplus to the following year’s account, move such surplus into a reserve fund account, or reduce the annual Assessments to the Member for a future year accordingly.

Section 4.8 Capital Assessments

The Association Board may levy, in any fiscal year, a capital assessment applicable to that fiscal year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement or other such addition upon the Common Elements, including fixtures and personal property related thereto; provided that any proposed capital assessment shall require the advance consent of a two-thirds (2/3) majority of the total voting Membership. 

Section 4.9 Special Assessments

The Association Board may, subject to the provisions of this document, levy special Assessments against specific Members who have caused the Association and subdivision to incur special expenses due to willful or negligent acts of said Members, their tenants, families, guests, invitees or agents. Special Assessments also shall include without limitation, late payment penalties, interest charges, fines, administrative fees, attorneys’ fees, amounts expended to enforce assessment liens against Members as provided for herein, and other charges of similar nature. 

Section 4.10 Collection of Delinquent Assessments; Liens 

Special Assessments if not paid timely when due, shall constitute unpaid or delinquent Assessments, pursuant to the following:

(a)    Nonpayment of any installment of an annual assessment, special assessment, or capital assessment shall be delinquent if not paid within thirty (30) days of the due date as established by the Association Board. 

(b)   Such delinquent payments shall carry an interest penalty of two (2) percent per month for each month remaining in arrears. 

(c)    A late charge of fifteen (15) dollars for the initial delinquency will be assessed to the Member(s) account to compensate for additional bookkeeping, billing, administrative costs, and any other appropriate expenses, unless waived by the Association Board due to special circumstances.

(d)   The Association Board will notify in writing any Members of a delinquent account with the next formal account statement sent to the respective Member(s). Such notice will specify the amount of Assessments and other sums due, the reason why due and delinquent, a description of a lien against the Member(s) property if determined to be an appropriate cause of action, the required cure of the default/delinquency, and the date by which the default/delinquency needs to be cured prior to the establishment of a lien on the Member(s) property.

(e)    In the event of lack of cure by the delinquent Member(s), the Association Board has the power and duty to accelerate the default/delinquent amount, and use all powers within the law to enforce the collection of the full Assessments and all charges thereon in any manner so authorized.

(f)     In the event of any nonpayment of an Assessment as herein provided, the Association shall have a lien upon the nonpaying Member’s Lot provided the Association shall file in the Office of the Boise County Recorder a claim of lien containing a true statement of the amount due for the unpaid Assessments after deducting all just credits and offsets, the name of the Owner or reputed owner, if known, the name of the Association, a description, sufficient for identification, of the property to be charged with the lien, and any other information required by Idaho Code Section 45-810, as the same may be amended from time to time. The claim shall be verified by the oath of an individual having knowledge of the facts and shall be recorded by the County Recorder.  Within twenty four (24) hours after recording a lien, the Association shall serve, by personal delivery to the Owner or reputed owner, or by certified mail to the last known address of the Owner or reputed owner, a true and correct copy of the recorded lien.

(g)    No action shall be brought by the Association Board to enforce any assessment lien herein, unless at least sixty (60) days have expired following the later of the date a claim of lien is recorded; or the date the recorded claim of lien is personally delivered or mailed in the United States mail, certified or registered, return receipt requested, to the Owner of the Lot. 

(h)    Subject to the limitations set forth in this document, any such sale provided for above may be conducted by the Association Board, its attorneys, or other person authorized by the Association Board in accordance with State of Idaho legal statutes governing the activity.

(i)      Upon timely cure of any default for which any claim of lien was filed by the Association Board, the Officers thereof shall record an appropriate release of lien, upon payment by the defaulting Member(s) of a reasonable fee to be determined by the Association Board to cover the cost of preparing and recording such a release. Copy of such release shall be made available to the Member(s) at the Member(s) expense.

(j)     The assessment of liens and the rights of foreclosure and sale thereunder shall be in addition to and not in substitution for all other rights and remedies which the Association may have hereunder and by law or in equity, including a suit to recover a money judgment for unpaid Assessments.

(k)   Notwithstanding all other provisions hereof, no lien created under this document, nor the enforcement of any provision of this document shall defeat or render invalid the rights of any mortgagee beneficiary under any recorded first deed of trust encumbering a Lot, made in good faith and for value; provided that after such beneficiary or some other person obtains title to such Lot by judicial foreclosure, other foreclosure, or exercise of power of sale, such Lot shall remain subject to this document and the payment of all installments of Assessments accruing subsequent to the date such beneficiary or other person obtains title. The lien of the Assessments, including interest and costs, shall be subordinate to the lien of any first mortgage upon the Lot. The release or discharge of any lien for unpaid Assessments by reason of the foreclosure or exercise of power of sale by the first mortgagee shall not relieve the prior Owner of his or her personal obligation for the payment of such unpaid Assessments.

(l)      Recording of the claim of lien constitutes record notice and perfection of a lien for Assessments. A lien for Assessments, including interest, costs, and attorneys fees, as provided for herein, shall be prior to all other liens and encumbrances on a Lot except for liens and encumbrances recorded prior to the claim of lien, a first mortgage recorded before the delinquency of the assessment sought to be enforced, and liens for real estate taxes and other governmental charges. The sale or transfer of a Lot shall not affect an assessment lien. 

Section 4.11 Waiver of Use

No Owner may exempt him or herself from personal liability for Assessments duly levied by the Association, nor release the Lot or other property owned by said Owner from the liens and charges hereof.

Section 4.12 Taxes

Each Owner shall execute such instruments and take such action as may reasonably be specified by the Association to obtain separate real estate tax assessment of each Lot. If any taxes or Assessments of any Owner may, in the opinion of the Association, become a lien on the Common Elements, or any part thereof, they may be paid by the Association as a common expense or paid by the Association and levied against such Owner(s) as a Special Assessment.

Article 5 – Architectural Guidelines

Section 5.1 Architectural Review Committee (ARC)

The architectural review committee (ARC) shall consist of three (3) committee Members, including one Association Board Member. Committee Member number may be increased by Association Board decision, however, must always remain an odd number and may not exceed seven (7) Members. Declarant shall have sole right to appoint to this committee until it so declines involvement or until the subdivision is one-hundred (100) percent sold to individual Lot Owners. The Association Board shall, thereafter, be charged with the soliciting and appointing of ARC committee Members. The Association Board may, at their sole discretion or at the recommendation of a portion of the Association membership, remove an ARC committee Member for cause. ARC committee Members are obligated to a three (3) year term of service. In the event of early withdrawal or termination, ARC committee Members must be replaced to ensure a body of three (3) or more.

Section 5.2 Review of Plans and Specifications

The ARC shall consider and act upon any and all proposals, plans and specifications, drawings, and other information or other items submitted (refer to Exhibit B), or required to be submitted, for ARC approval under this document and shall perform such other duties as from time to time may be assigned to the ARC by the Association Board, including the inspection of construction in progress to assure conformance with plans and specifications approved by the ARC.

(a)    With the exception of such activity of the Declarant and its assigns, no construction, alteration, grading, addition, excavation, relocation, repainting, installation, modification, or reconstruction of an improvement, including the Lot Dwelling, shall be commenced or maintained by any Owner, until the plans and specifications therefore showing the nature, kind, shape, height, width, color, materials and location of the same shall have been submitted to, and approved in writing by, the ARC. No design or construction activity of Declarant shall be subject to ARC approval. Such plans must also include a report prepared by a registered professional geotechnical engineer detailing any soils stabilization and erosion control requirements necessary to comply with Boise County Ordinances in effect at the time of the residence and driveway construction. 

(b)   The ARC shall approve plans and specifications submitted for its approval within thirty (30) days of receipt, or the Lot Owner applicant may proceed with their intended alterations to the Lot and/or Lot Dwelling. The ARC may consider such subjective criteria as compatibility with surrounding structure design as well as any other criteria including the quality and appearance of materials, engineering and Uniform Building Code compliance in making an approval, approval pending additional information, or disapproval decision. The ARC shall approve plans submitted based on:

(1)   Lack of detriment to the appearance of the surrounding Lot Owner area and the subdivision as a whole.

(2)   The appearance of any new or altered structure will be in harmony with other structures in the vicinity and within the subdivision.

(3)   The addition or alteration will not detract from the beauty, wholesomeness and attractiveness of the Common Elements or the enjoyment thereof by the subdivision Members.

(4)   The construction will not unreasonably interfere with the existing views from other Lots.

(5)   The upkeep and maintenance will not become a burden on the Association or subdivision.

(c)    The ARC will use the following specific criteria in making an approval decision:

(1)   The Owner’s exterior paint and trim colors must be approved by the ARC.

(2)   The Owner’s roofing material must be a solid colored tile, metal roof or composite shingle unless a different roofing material is approved by the ARC on a case by case basis; and all roofs on the same Lot will be of similar color.

(3)   Vinyl and metal siding are not allowed on any structure.

(4)   The surface materials, the roofing, and the color scheme of all building Improvements for all structures on a Lot shall be similar.

(g)    Each primary Dwelling and secondary structure shall be required to conform to a minimum fifty (50) foot Setback from all other Lots, lot lines, and streets.

(h)    No part of the Properties shall ever be used or caused to be used or allowed or authorized to be used in any way, directly or primarily, for any business, commercial, manufacturing, mercantile, primary storage, vending or other such nonresidential purposes; except that Declarant may exercise the reserved rights as described in this document.

(i)      The provisions of this Section 7.2 shall not preclude a professional or administrative occupation within a home office and in the absence of any employees on the premises, or an occupation of child care provided for not more then ten (10) non-family children.

(j)     Examples of acceptable animal activities include, but are not limited to, the owning of horses, dogs, cats, or pets of another variety for recreational purposes, and the breeding of those animals for eventual sale. All permitted animal activity must be approved through the ARC committee prior to commencing with the structural building or actual operation of such activity. Commercial livestock operations, particularly those including non-permitted animals, as a primary business activity are strictly prohibited. 

(k)   This provision shall not preclude any Lot Owner from renting or leasing his or her entire Lot by means of a written lease or rental agreement subject to this document and any rules and regulations thereof; provided that no such lease shall be for a term of less then six (6) months. 

Section 7.3 Improvements

(a)    No single Lot shall be improved except with one (1) Dwelling designed to accommodate no more than a single Family and its occasional guests, one (1) additional Dwelling designed to accommodate additional Family Members such as a detached guest house or other similar living space, one (1) garage either attached or detached, one (1) barn or other large work area structure; plus fencing and such other Improvements as are necessary or customarily incident to a single Family Dwelling.

(b)   All utility and storage areas must be completely covered and concealed within permanent structures as designated within Section 7.13, item #a.

(c)    No fence or wall shall be erected or altered without prior written approval of the ARC. Under no circumstances shall barbed wire fences be allowed on any Properties. Fences must be constructed of natural color wood or white vinyl or shall be of other materials approved by the ARC, and all alterations or modifications of existing fences or walls of any kind shall require the prior written approval of the ARC.

(d)   All construction must conform to all requirements of the Fire Plan contained in Exhibit C.

Section 7.4 Landscaping

Each Lot Owner has the prerogative and right to install and shall thereafter maintain, in a neat and attractive condition, additional landscaping beyond the naturally occurring landscape of his/her Lot. However: 

(a)    No plants or seeds infected with insects or plant diseases shall be brought upon, grown or maintained upon any part of the Properties.

(b)   All landscaping which is disturbed by construction of any Residence or improvement thereof, shall be fully repaired and completed within the permitted construction period. Additionally, all stumps, slash, and building debris and related Refuse shall be removed from any Lot once a residence is constructed to completion thereon.

(c)    The subdivision is a winter range area for deer and elk and the deer and elk may eat or otherwise damage the landscaping on any Lot. Neither the Declarant, the Association, the State of Idaho Department of Fish and Game nor Boise County shall be liable or responsible for any damage to the landscaping or building Improvements from any animals or by fire or other cause.

(d)   Lot Owners shall also cut and remove weeds and brush so that the risk of fire is minimized and in accordance with the Fire Plan as contained in Exhibit C.

(e)    The following list of plants, shrubs, trees, and weeds are prohibited from being introduced or grown on each Lot . It is the express responsibility of each Lot and/or Dwelling owner within the subdivision to ensure that the flora contained on this list are eradicated from their Lot if introduced. In the absence of such eradication, and after due notice from the ARC to the Lot or Dwelling owner not in compliance, the Association has the power and the duty to enter the Property to perform such eradication and to bill said Lot or Dwelling owner for all costs and expenses incurred. Additionally, the Association has the power to add to this list as necessary for environmental preservation purposes and as deemed and voted appropriate by the Association:

(1)   Canada Thistle

(2)    Dalmatian Toadflax

(3)   Leafy Spurge

(4)   Spotted Knapweed

The Association may at its discretion adopt additional rules and regulations pertaining to individual Lot Owner landscaping as a function of ensuring the health, safety, and aesthetic of a rural residential Community. If a Lot Owner allows his/her landscaping to deteriorate to a dangerous, unsafe, unsightly, or unattractive condition, the Association shall have the right to either:

(a)    After thirty (30) days written notice, to seek any remedies at law or in equity which it may have.

(b)   After reasonable notice to correct such condition, to enter upon such Owner’s Lot for the purpose of so doing, and such Lot Owner shall promptly reimburse the Association for the cost thereof, as a special assessment enforceable in the manner set forth herein this document.

Section 7.5 No Further Subdivision

Except as may be expressly authorized by Declarant, no Lot or all or any portion of the Common Elements may be further subdivided (including, without limitation, any division into time-share estates or time-share uses). Upon the rental of an entire Lot by an Owner, that Lot lessee(s) must continue to comply with all of the subdivision governing documents, and any failure on the part of the lessee of such Lot to comply shall constitute an immediate default of the lease or rental agreement with grounds for immediate eviction by the Association using all legal remedies in accordance with State of Idaho law. Additionally, no Lot Owner may partition their Dwelling into more than one Dwelling for rental purposes; however, if the Lot Owner remains as a primary Resident of the Dwelling, he/she may rent a portion of the Dwelling out to a lessee or unified group of lessees.

Section 7.6 Animal Restrictions

A limited number of animals may be raised, kept, and bred within a Lot, providing that the number of animals is limited to a reasonable number of pets, and that any breeding activities are considered a hobby and not a primary business of the Lot Owner. In every case each animal must fall within the category of permitted animal, and in no case may any animal be a non-permitted animal. Additionally, no visible signs to market any breeding for sale activities may be posted within the Lot, and no breeding activity may become so large that a Lot Owner hires employees to support the breeding activity. Additionally, animal on premises quantities cannot be so large so as to be considered a primary commercial purpose, nor in unreasonable quantities so as to impact on the health and safety of both animal and Member(s)  , nor in violation of any applicable county ordinance or any other provision of this document or the governing documents of the subdivision. The maximum number of equine animals permitted on a Lot without obtaining a variance from the Association and/or ARC committee is:

Animals maintained on a Lot shall not be allowed to graze in a manner that Denudes the Lot of vegetation. The Owner of any Lot shall maintain the animal or animals in stalls or fenced paddocks and shall provide feed for such animals, as may be necessary in order to prevent overgrazing of the Lot. Overgrazing occurs if grass and other vegetation is less then two (2) inches tall.

The Association, acting through majority vote of the Association Board and majority disposition of the ARC committee, shall have the right to prohibit maintenance of any animal in any Lot which constitutes, in the opinion of the Board, a nuisance to other Members. Subject to the foregoing, all animals of Lot Owners must be regularly kept under reasonable control and not pose a safety threat to any other Members or property Residents. Furthermore, to the extent permitted by law, any Member or Lot Resident shall be liable to each and all other Members and their respective families, guests, tenants, and invitees, for any unreasonable noise or damage to person or property caused by any animals brought to or kept upon the Properties by a Member or Lot Resident or respective Family, tenants or guests. 

Section 7.7 Nuisances

No Refuse as defined within this document, or rubbish or debris of any kind, shall be placed or permitted to accumulate anywhere within the Properties, and no odor shall be permitted to arise therefrom so as to render the Properties or any portion thereof unsanitary, unsightly, or offensive.  No unused machinery, vehicles, appliances, or debris or other items of Refuse shall be thrown, dumped or stored on any Lot, whether above or below ground, except as such items are temporarily stored for collection in approved garbage collection receptacles. No noise or other nuisance shall be permitted to exist or operate upon any portion of a Lot so as to be offensive or detrimental to any other Lot or to occupants thereof, or to the Common Elements. The Association Board shall have the right to determine if any noise, odor, activity, or circumstance reasonably constitutes a nuisance by majority vote. In the event of an infraction, the adverse party shall be responsible for ceasing or correcting such nuisance at their sole expense, or in the alternative solely responsible for all costs borne by the Association for curing the nuisance. Each Member and property Resident shall comply with all of the requirements of local and state health authorities and with all other governmental authorities with respect to the occupancy and use of a Lot, including all Dwellings within that Lot. Each Member and property Resident shall also be accountable to the Association and other Lot Owners and property Residents for the conduct and behavior of children and other Family Members or persons residing in or visiting his or her Lot, and any damage to the Common Elements, personal property of the Association or property of another Member or property Resident, caused by such children or other Family Members or other such visitors, shall be repaired at the sole expense of the Lot Owner where such children or other Family Members or visitors reside or visit. 

Section 7.8 Exterior Maintenance and Repair: Unit Owner’s Obligations

No improvement anywhere within the Properties shall be permitted to fall into disrepair, and each improvement shall at all times be kept in good condition and repair. If any Member shall permit any improvement, the maintenance of which is the responsibility of such Member, to fall into disrepair so as to create a dangerous, unsafe, or unsightly condition, the Association, after consulting with the ARC, and after affording such Member reasonable thirty (30) day notice, shall have the right but not the obligation to correct such condition, and to enter upon such Member’s property for the purpose of so doing, and such Member shall promptly (defined as within thirty – 30 – days) reimburse the Association for the cost thereof. Such cost will be assessed as a special assessment in accordance with this document, and if not paid when due shall constitute a delinquent assessment in accordance with the delinquent procedures of this document. 

Section 7.9 Drainage

By acceptance of a deed to a Lot, each Lot Owner agrees for himself and his assigns that he/she will not in any way interfere with or alter, or permit any Resident to interfere with or alter, the established drainage pattern over any Lot, so as to affect any other Lot or the Common Elements, unless adequate alternative provision is made for the properly engineered drainage and approved in advance and in writing by the ARC. For the purpose hereof, established drainage pattern is defined as the drainage which exists at the time that such Lot is conveyed to a purchaser from Declarant, or later grading changes which are shown on plans and specifications approved by the ARC.

Section 7.10 Water Supply and Sewer Systems

No individual water supply system, or cesspool, septic tank, or other sewage disposal system, or exterior water softener system, shall be permitted on any Lot unless such system is designed, located, constructed and equipped in accordance with the requirements, standards and recommendations of any water or sewer district serving the Properties, and any applicable governmental health authorities having jurisdiction, and has been approved in advance and in writing by such agencies.

Section 7.11 No Hazardous Activities or Unsightly Articles

No activities shall be conducted, nor shall any Improvements be constructed, anywhere in the Properties which are or might be considered unsafe or hazardous to any person, Lot, or Common Elements. Additionally, no unsightly Articles shall be permitted to remain on any Lot so as to be visible from any street, or from any other Lot, or Common Elements. Additionally, no firearms shall be discharged within or from said subdivision and no hunting or killing of game shall be allowed within or from the subdivision.  Without limiting the generality of the foregoing, Refuse, garbage and trash shall be kept at all times in covered, sanitary containers or enclosed areas designed for such purpose. No vehicles or movable equipment shall be allowed to exist in disrepair on the Lot visible from any other Lot, street, or Common Element area. There shall also be no exterior or open fires permitted whatsoever, except barbecue fires, and except as specifically authorized in writing by the ARC and subject to applicable ordinances and fire regulations.

Section 7.12 Lights and Sound

Generally, no Member shall install lights which emit an offensive glare. However, an Member may install a motion sensor activated security light attached to the structure which can be operated from one hour after dusk to one hour before dawn. No sound shall be emitted from any Lot which is unreasonably loud or annoying.

Section 7.13 No Temporary Structures

Unless approved in writing by the ARC in connection with the construction of authorized Improvements, no outbuilding, tent, shack, shed or other temporary structure or improvement of any kind shall be placed upon any portion of the Properties.

Section 7.14 No Drilling

No oil drilling, oil, gas, or mineral development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon, in, or below any Lot or the Common Elements, nor shall oil, or other wells (aside from water for residential consumption purposes), tanks, tunnels or mineral excavations or shafts be permitted upon or below the surface of any portion of the Properties.

Section 7.15 Alterations

There shall be no excavation, construction, alteration or erection of any projection which in any way alters the exterior appearance of any improvement from any street, or from any other portion of the Properties without the prior approval of the ARC. There shall be no violation of the Setback, side yard or other requirements of local governmental authorities, nor of this document, notwithstanding any approval of the ARC. This Section 7.11 shall not be deemed to prohibit minor repairs or rebuilding which may be necessary for the purpose of maintaining or restoring a Dwelling to its original condition. 

Section 7.16 Signs

Subject to the reserved rights of Declarant, no sign, poster, display, billboard or other regularly or permanently posted advertising device or other display of any kind shall be installed or displayed to public view on any portion of the Properties, or on any street abutting the Properties, without prior approval of the ARC. Exceptions include one sign for each Lot advertising the Lot for sale or rent, or traffic and other signs installed by Declarant as part of the original construction of the Properties. 

Section 7.17 Parking and Vehicular Restrictions

Except in the event of any emergency, there shall be no parking on the streets within the subdivision. No person shall park, store or keep on any street within the Properties any large commercial-type vehicle (including but not limited to, any dump truck, cement mixer truck, oil or gas truck delivery truck, or snowplow truck); any recreational vehicle (including but not limited to any camper or motor home); any bus, trailer, trailer coach, camp trailer, boat, aircraft or mobile home; or any inoperable vehicle or any other similar vehicle. Any such vehicle, including all personal transportation vehicles, may be kept on a Member’s property providing that with the exception of personal transportation vehicles all other vehicles are kept in an enclosed garage or other permanent structure or are parked so as to not be visible from any street, adjacent Member property, or Common Element. All repair or restoration of any vehicle shall only be permitted within an enclosed garage, and providing that such repair or restoration does not constitute a nuisance. Temporary parking of personal transportation vehicles is also permitted for Member visitation purposes, but never on the street and only within the Member’s property area. 

Section 7.18 Permitted Use of Recreational Equipment

Snowmobiles, ATVs, motorcycles and other recreational vehicles and equipment shall not exceed ten (10) miles per hour while operating in the subdivision. No snowmobiles, ATVs, motorcycles, or other recreational vehicles shall be operated before 6:30am or after 9:00pm. All vehicles shall be operated so as to maintain the peace and quiet of the subdivision.

Section 7.19 Private Roads

All roads within the subdivision shall be considered private roads owned by the Association for the use and benefit of all Members and their successors and assigns and other permitted users by Association approval, and subject to the unrestricted right of use reserved by Declarant and its successors and assigns. The right to use such roads shall be appurtenant to the Lots and shall run with the land. The Association may prohibit use of the roads or portions thereof by unauthorized persons as the Association sees reasonably fit. The Association retains the right to transfer title to the road Improvements to Boise County or other public entity, subject to the rights of ingress and egress of all Members and easement Members. Declarant and the Association shall have the right to grant non-exclusive easements or licenses for use of the roads or portions thereof to the Owners of any Annexed Property or to other persons owning property adjacent to or in the vicinity of the subdivision under such cost sharing and use agreements as the Association determines appropriate. No Lot shall be used for access to adjoining property, unless such access is expressly granted by Declarant or the Association. No Lot Owner, other then Declarant, shall grant to any other person an easement or right-of-way across any Lot for access to adjoining property. It will be the responsibility of the Association to maintain, plow, repair and resurface, when necessary, the private roadways in the subdivision for so long as the Association is the Owner of the road Improvements. All costs associate with or arising out of the Association’s obligations to maintain, repair, plow or resurface the roadways, including all costs associated with transferring the roadway Improvements to a public entity, shall be paid by the Association and assessed to each Member or otherwise recovered from other permitted users. All repair, installation, maintenance and upkeep of a driveway on an individual Lot Owners’ property shall be the sole responsibility of that Owner. 

Section 7.20 Prohibited Direct Access

Any other provision herein notwithstanding, there shall be no vehicular access to the subdivision made or used from any abutting Lot with the exception of primary access to and from Shaw Gulch Road. All such other vehicular access is prohibited.

Section 7.21 Television Antennas

No radio or television antennas, satellite dishes or other similar reception devises shall be allowed within the subdivision, except that: (a) a satellite dish not exceeding eighteen (18) inches in diameter may be attached to a residence; (b) a local television antenna may be installed if fully enclosed within the roof structure; and (c) a probe not to exceed twenty (20) inches in length may be attached to a residence other then on the front elevation of the structure which faces the road.

Section 7.22 Limited Approval of Storage Tanks, and Heating and Air Conditioning Units

Any storage tank, including propane tanks, installed on a Lot and any type of air conditioning or heating unit must be located above ground and concealed from view from neighboring Lot Owners or otherwise attractively screened from view; except that an underground propane tank may be installed if approved by the State. The type, location and screening of any storage tank must be approved by the ARC.

Section 7.23 Trees

No live trees whose diameter exceeds six (6) inches shall be cut or destroyed without prior written approval by the ARC.

Section 7.24 No Waiver

The failure of the Association to insist in any one or more instances upon the strict performance of any of the terms, covenants, conditions or restrictions of this Article 7, or to exercise any right or option herein contained in this Section, or to serve any notice or to institute any action, shall not be construed as a waiver or relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restrictions shall remain in full force and effect. The receipt by the Association or manager of any assessment from a Member with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver by the Association or manager of any provision hereof shall be deemed to have been made unless expressed in writing and signed by a majority of the Association Board.

Article 8 – Utilities Rights and Responsibilities

Section 8.1 Utility Services

All Lots shall be served with utility lines for power and telephone services. Except as to be potentially provided for in Article 8, all other utilities, including water, shall be provided by the Lot Owner at his/her expense. The costs of bringing electricity and telephone to the Owner’s Lot will be paid by Declarant and Declarant is entitled to recover any and all connection fees or escrowed funds advanced by Declarant, if any, to bring these services to the Lots. Each Lot Owner shall pay for any additional costs for final hookups charged, and utility lines laid within the Lot perimeter, as a condition precedent to final connection as well as any other utility service not supplied by Declarant. Each Dwelling must use a sanitary disposal system of a design and installation approved by any regulatory agency having jurisdiction for approval of a sanitary disposal system. 

Section 8.2 Easement Rights

Declarant has the power to declare, grant, and/or establish any right-of-way or easement as necessary for the purpose of constructing water mains, electric distribution lines, telephone distribution lines, gas pipelines, and such other public or private utilities as may from time to time be necessary to subdivision development as reasonably determined by Declarant. Nothing herein shall create or be interpreted as an obligation on Declarant to install any utility to any Lot other then electricity and telephone. Transmission main and distribution piping may be located or placed in the same trench, or strung along the same power lines. 

Section 8.3 Spring Water Rights

There are springs located within the subdivision. Declarant reserves the exclusive ownership, control and use of the water flowing from these springs and any water in any creeks or above ground flows that exist within the subdivision.

Section 8.4 – Sewage Disposal

All bathroom sink and toilet facilities shall be located inside the Dwelling house and/or main enclosed improvement structures, and shall be connected by underground pipe to a private septic tank or to a central sewage treatment facility if one is constructed. Drainage from any septic tank shall be kept within the limits of each Lot. The sewage disposal system must be designed, constructed and located as approved by the Idaho State Health and Welfare Department. On some Lots, there may exist the need for a treatment system for nutrient removal and/or a soil cap over the drain field depending on the measurement of high seasonal water during the spring of 2006 and 2007. Such additional sewage disposal components are to be installed as approved by the Idaho State Health and Welfare Department with the cost borne solely by the affected Lot Owner. 

Section 8.5 – Water

Declarant is under no obligation to deliver domestic water or to furnish rights-of-way in connection with the delivery of domestic or irrigation water to any Lot . Wells shall be located a minimum distance of one-hundred (100) feet from any sewage disposal facility and within ten (10) feet from all Lot lines as described in this document. The specific locations of certain wells may be further restricted by the Idaho State Department of Health and Welfare. There shall also be adequate separation between a potable water supply well and septic system installations in accordance with applicable Idaho State Department of health and Welfare regulations (IDAPA 16.01.03). Each potable water well shall be sealed as follows:

            The annular seal composed of neat cement grout with 5% bentonite shall be

pumped, using a tremie pipe, from the bottom of the surface casing at least forty

(40) feet below ground surface to ground surface to assure a positive seal. 

Declarant shall further have the right, at Declarant’s option, to incorporate a drilled well on Lot Owner’s property into a central water system if it produces more then ten (10) gallons per minute after continuous pumping for at least three (3) hours. If the well is incorporated into a central water system by Declarant, then Lot Owner’s domestic water will be provided by the system and the Lot Owner will be reimbursed for all costs which he/she paid for the well. The Lot Owner on which the central well exists will pay the same amount for such water service and annual costs as the other system users pay, however, the initial capital cost of the well will be borne only by other central well users. If the well is incorporated into a central system, the Lot Owner on such land as the well sits will grant sufficient well site and water line easement to satisfy regulatory requirements pertaining to the central water system, at no additional cost to the Declarant. Any engineering or survey expense required to incorporate the well into the central system will be paid for by Declarant or the successive Owner of the central system. The conveyance of the well site and water line easement shall satisfy buyer’s obligation to pay his/her proportionate share of the initial capital cost of the water system. 

Section 8.6 – Community Water Systems

Declarant may, at any time during the development of the subdivision, elect to construct and install a community water system for the purpose of providing potable water service to a part or all of the subdivision. If Declarant elects not to construct such a system, the Association may elect to do so at some future time by a majority vote of the Association Board and by a two-thirds (2/3) vote of all the eligible voting Members of the Association. Declarant and/or the Association may elect to construct a community water irrigation system in the same manner. If such election occurs, the Lots and Properties and easements for which such system(s) shall also be designated and voted for approval. From and after the time of such election, said Lots and Annexed Property shall be served exclusively from the community water system and the Owner of each Lot shall be prohibited from drilling a well on the Lot or otherwise obtaining domestic water service from any other source for the respective purpose of potable or irrigation water. If Declarant installs such system ownership of such water system shall be transferred to the Association or a public utility upon installation and receipt of the necessary governmental approvals, and Declarant shall be reimbursed for its cost, including interest paid on money borrowed and used to pay for the system through special assessment procedures in accordance with this document. In the event that an individual Lot Owner elects to be included within a community water system as constructed, and has an already existing and functioning well on his/her property from which potable and irrigation water is being drawn, that individual well must be capped and closed to usage as a function of entering into a community water system.. In the event that an individual Lot Owner elects to be included within only one or the other respective potable or irrigation community water systems, and has a currently functioning individual well on his/her property, then the following usage restrictions will apply:

(a)    Production from a potable water well source will be restricted to five-hundred (500) gallons per day for domestic use, in the event of entering into an irrigation only community water system.

(b)   (b) Production from an irrigation water well source will be restricted to four-thousand five-hundred (4,500) gallons per day, or State restriction if in effect, in the event of entering into a potable only community water system.

Declarant and/or the Association may require the Owner of such well, if electing to enter into a community water supply system to install such measuring and recording devices as determined reasonably necessary in order to monitor the daily usage of water from any well in the subdivision, and at that Owner’s expense. Noncompliance with such water restrictions are enforceable by any and all measures contained in this document in relation to noncompliance with any rules and regulations within this document.

Furthermore, the Declarant, or the Association, at any time, may take reasonable steps to require all Owners to install individual water storage tanks on their Lots, to limit irrigation and domestic water use, or take any other conservation measures if the Association or Declarant determines that such measures are reasonably necessary to conserve water, protect the subdivision water supply sources, or avoid excessive demand on the domestic and/or irrigation water systems. All conservation measures adopted shall be applied to all Lots and Members equally if enforced. Neither the Association nor the Declarant warrants the adequacy, longevity, or availability of the source of water or aquifers from which the domestic irrigation water is pumped.

Article 9 – Damage to or Condemnation of Common Elements of Subdivision

Damage to, or destruction or condemnation of, all or any portion of the Common Elements shall be handled in the following manner:

Section 9.1 Repair of Damage

Any portion of this community, for which insurance is required by this document or by any applicable Idaho State statute or law, which is damaged or destroyed, must be repaired or replaced promptly by the Association Board and/or individual Lot Owners unless;

(a)    The community is terminated.

(b)   Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety.

(c)    Seventy-five (75) percent of the Membership vote not to rebuild.

Section 9.2 Damage by Owner

To the full extent permitted by law, each Member shall be liable to the Association for any damage to the Common Elements not fully reimbursed to the Association by insurance proceeds, provided the damage is sustained as a result of the negligence, willful misconduct, or unauthorized or improper installation or maintenance of any improvement by said member or the persons deriving their right and easement of use and enjoyment of the Common Elements from said Member, or by his/her respective Family and guests, both minor and adult. The Association reserves the right after Notice and Hearing to determine whether any claim shall be made upon the insurance maintained by the Association, and to levy against such Member a special assessment equal to any deductible paid and the increase, if any, in the insurance premiums directly attributable to the damage caused by such Member or the person for whom such Member may be responsible as described above. In the case of joint Lot ownership, the liability of the co-Owners thereof shall be joint and several.

Section 9.3 Condemnation

If at any time, all or any portion of the Common Elements, or any interest therein, is taken for any governmental or public use, under any statute, by right of eminent domain or by private purchase in lieu of eminent domain, the award in condemnation shall be paid to the Association. Any such award payable to the Association shall be deposited in the operating fund. No Association Member shall be entitled to participate as a party, or otherwise, in any proceedings relating to such condemnation. The Association Board shall have the exclusive right to participate in such proceedings and shall, in its name alone, represent the interests of all Association Members. Immediately upon having knowledge of any taking by eminent domain of Common Elements, or any portion thereof, or any threat thereof, the Association shall promptly notify all Members and all eligible holders. 

Section 9.4 Condemnation Involving a Unit

For purposes of Idaho State law, if part of a Lot is acquired by eminent domain, the award shall compensate the Lot Owner for the reduction in value of the Lot’s interest in the Common Elements. The basis for such reduction shall be the extent to which the occupants of the Lot are impaired from enjoying the Common Elements. In cases where the Lot may still be used for a Dwelling, it shall be presumed that such reduction is zero (0). 

Article 10 – Insurance Requirements

Section 10.1 Casualty Insurance

The Association shall cause to be obtained and maintained a master policy of flood and water damage insurance and fire and casualty insurance with extended coverage for loss or damage to any and all insurable Improvements of the Association on the Common Elements, for the full insurance replacement cost thereof without deduction for depreciation or coinsurance, and shall obtain insurance against such other hazards and casualties, as the Association deems reasonable and prudent. The Association, in its reasonable judgment, may also insure any other property, whether real or personal, owned by the Association or located within the Properties against loss or damage by fire and such other hazards as the Association may deem reasonable and prudent, with the Association as the owner and beneficiary of such insurance. The insurance coverage with respect to the Common Elements shall be maintained for the benefit of the Association, the Members, and the eligible holders as their interests may appear as named insured, subject however to the loss payment requirements as set forth herein. Premiums for all insurance carried by the Association are common expenses included in the annual Assessments levied by the Association.

The Association, acting through the Board, shall be the named insured’s under policies of insurance purchased and maintained by the Association. All insurance proceeds under any policies shall be paid to the Board as trustee. The Association Board shall have the full power to receive and receipt for the proceeds and to deal therewith as deemed necessary and appropriate. The Association Board, acting on behalf of the Association and all Owners, shall have the exclusive right to bind such parties with respect to all matters affecting insurance carried by the Association, the settlement of a loss claim, and the surrender, cancellation, and modification of all such insurance. Duplicate originals or certificates of all policies of insurance maintained by the Association and of all the renewals thereof, together with proof of payment of premiums, shall be delivered by the Association to all Mortgagees who have expressly requested the same in writing.

Section 10.2 Liability and Other Insurance

The Association Board shall have the power and the duty to and shall obtain comprehensive public liability insurance, including medical payments and malicious mischief, in such limits as it shall deem desirable (but in no event less then one-million dollars - $1,000,000.00 – ) covering all claims for bodily injury and property damage arising out of a single occurrence; and insuring the Association, Board, Directors, Officers, Declarant, and manager, and their respective agents and employees, and the Owners and Residents of Lots and their respective families, guests and invitees, against liability for bodily injury, death and property damage arising from the activities of the Association or with respect to property maintained or required to be maintained by the Association including, if obtainable, a cross-liability endorsement insuring each insured against liability to teach other insured. Such insurance shall also include coverage, to the extent reasonably available, against water damage liability, liability for non-owned and hired automobiles, liability for property of others, and any other liability or risk customarily covered with respect to projects of similar construction, location, and use. The Association Board may also obtain workers’ compensation insurance and other liability insurance as it may deem reasonable and prudent, insuring each Lot Owner and the Association, Board, and any manager, from liability in connection with the Common Elements, the premiums for which are a common expense included in the annual assessment levied against the Owners. All insurance policies shall be reviewed at least annually by the Association Board and the limits increased in its reasonable business judgment.

Section 10.3 Fidelity Insurance

The Association shall further cause to be obtained and maintained errors and omissions insurance, blanket fidelity insurance coverage (in the amount equal to one-hundred – 100 – percent of the Association funds from time to time handled by such persons) and such other insurance as it deems prudent, insuring the Board  and Officers and any manager against any liability for any act or omission in carrying out their respective obligations hereunder, or resulting from their membership on the Association Board or on any committee thereof, in the amount of not less then one-million dollars ($1,000,000.00). Said policy or policies of insurance shall also contain an extended reporting period endorsement (a tail) for a six (6) year period, if reasonably available. The Association shall require that the manager maintain fidelity insurance coverage which names the Association as an obligee, in such amount as the Association deems prudent. From such time as the Declarant no longer has the power to control the Association, blanket fidelity insurance coverage which names the Association as an obligee shall be obtained by or on behalf of the Association for any person handling funds of the Association, including but not limited to, Officers, Directors, trustees, employees, and agents of the Association, whether or not such persons are compensated for their services, in such an amount as the Association deems prudent; provided that in no event may the aggregate amount of such bonds be less then the maximum amount of Association funds that will be in the custody of the Association or manager at any time while the policy is in force – but in no event less then the sum equal to one-fourth (1/4) of the annual Assessments on all Lots, plus reserve funds on account, or such other amount as may be required by FNMA, VA, or FHA from time to time, if applicable.

Section 10.4 Insurance Obligations of Owners

Each Lot Owner is required, at close of escrow on his/her Lot, at his/her sole expense to have obtained, and to have furnished his mortgagee (or in the event of a cash transaction involving no mortgagee, then to the Association Board) with duplicate copies of, a homeowner’s policy of fire and casualty insurance with extended coverage for loss or damage to all insurable Improvements and fixtures originally installed by Declarant on such Owner’s Lot in accordance with the original plans and specifications, or installed by the Lot Owner on the Lot, for the full insurance replacement cost thereof without deduction for depreciation or coinsurance. By acceptance of the deed to his/her Lot, each Lot Owner agrees to maintain in full force and effect at all times, at said Lot Owners’ sole expense, such homeowner’s insurance policy, and shall provide the Association Board with duplicate copies of such insurance policy upon the Association Board’s request. Nothing herein shall preclude any Lot Owner from carrying any public liability insurance as he/she deems desirable to cover his/her individual liability, damage to person or property occurring inside his/her Lot or elsewhere upon the Properties. Such policies shall not adversely affect or diminish any liability under any insurance obtained by or on behalf of the Association, and duplicate copies of such other policies shall be deposited with the Association Board upon request. If any loss intended to be covered by insurance carried by or on behalf of the Association shall occur and the proceeds payable there under shall be reduced by reason of insurance carried by any Lot Owner, such Lot Owner shall assign the proceeds of such insurance carried by him/her to the Association, to the extent of such reduction, for application by the Association Board to the same purposes as the reduced proceeds are to be applied. Notwithstanding the foregoing, or any other provision herein, each Lot Owner shall be solely responsible for full payment of any and all deductible amounts under such Lot Owner’s policy or policies of insurance. 

Section 10.5 Waiver of Subrogation

All policies of physical damage insurance maintained by the Association shall provide, if reasonably possible, for waiver of:

(a)    Any defense based on coinsurance.

(b)   Any right of set-off, counterclaim, apportionment, proration or contribution by reason of other insurance not carried by the Association.

(c)    Any invalidity, other adverse effect or defense on account of any breach of warranty or condition caused by the Association, any Lot Owner or any tenant of any Lot Owner, or arising from any act, neglect, or omission of any named insured or the respective agents, contractors and employees of any insured.

(d)   Any rights of the insurer to repair, rebuild, or replace, and, in the event any improvement is not repaired, rebuilt or replaced following loss, any right to pay under the insurance an amount less then the replacement value of the Improvements insured.

(e)    Notice of the assignment of any Lot Owner of its interest in the insurance by virtue of a conveyance of any Lot. 

The Association hereby waves and releases all claims against the Board, the Lot Owners, Declarant, and manager, and the agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence of or breach of any agreement by such persons, but only to the extent that insurance proceeds are received in compensation for such loss; provided, however, that such waiver shall not be effective as to any loss covered by a policy of insurance which would be voided or impaired thereby.

Section 10.6 Notice of Expiration Requirements

If available, each of the policies of insurance maintained by the Association shall contain a provision that said policy shall not be canceled, terminated, materially modified or allowed to expire by its terms, without thirty (30) days prior written notice to the Association and Declarant and to each Lot Owner and each beneficiary, insurer and/or guarantor of a first mortgage who has filed a written request with the carrier for such notice, and every other person in interest who requests in writing such notice of the insurer. All insurance policies carried by the Association pursuant to this Article 9, to the extent reasonably available, must provide that:

(a)    Each Lot Owner is an insured under the policy with respect to liability arising out of his interest in the Common Elements or Association membership.

(b)   The insurer waives the right to subrogation under the policy against any Lot Owner or Member of his/her Family.

(c)    No act or omission by any Lot Owner or member of his/her Family will void the policy or be a condition to recovery under the policy.

(d)   If at the time of a loss under the policy there is other insurance in the name of the Lot Owner covering the same risk covered by the policy, the Association’s policy provides primary insurance.

Article 11 – Mortgagee Protection Clause

In order to induce FHA, VA, FHLMC, GNMA, and FNMA and any other governmental agency or other entity to participate in the financing of the sale of Lots within the Properties, the following provisions are added hereto:

(a)    Each eligible holder is entitled to written notification from the Association of any default by the mortgagor of such Lot in the performance of such mortgagor’s obligations under this subdivision’s guiding documents, which default is not cured within thirty (30) days after the Association learns of such default. For the purposes of Article 10, first mortgage shall mean a mortgage with first priority over other mortgages or deeds of trust on a Lot, and first mortgagee shall mean the beneficiary of a first mortgage.

(b)   Each Lot Owner, including every first mortgagee of a mortgage encumbering any Lot which obtains title to such Lot pursuant to the remedies provided in such mortgage, or by foreclosure of such mortgage, or by deed or assignment in lieu of foreclosure, shall be exempt from any right of first refusal created or purported to be created by the governing documents.

(c)    Except as provided in Idaho State law, each beneficiary of a first mortgage encumbering any Lot which obtains title to such Lot or by foreclosure of such mortgage, shall take title to such Lot and be liable for any claims of unpaid Assessments or charges against such Lot which accrued prior to the acquisition of title to such Lot by the mortgagee. 

(d)   Unless at least two-thirds (2/3) majority of all Lot Owners and Association Members have given prior written approval, neither the Association or Lot Owners shall:

(1)   Subject to Idaho nonprofit corporation law to the contrary, by act or omission seek to abandon, partition, alienate, subdivide, release, hypothecate, encumber, sell or transfer the Common Elements and the Improvements thereon which are owned by the Association; provided that the granting of easements for public utilities or for other public purposes consistent with the intended use of such property by the Association as provided in this document shall not be deemed a transfer within the meaning of this clause.

(2)   Change the method of determining the obligations, Assessments, dues or other charges which may be levied against a Lot Owner, or the method of allocating distributions of hazard insurance proceeds or condemnation awards.

(3)   Fail to maintain fire and extended coverage on insurable Improvements on Common Elements, if any, on a current replacement cost basis in an amount as near as possible to one hundred (100) percent of the insurance value based on current replacement cost.

(4)   Use hazard insurance proceeds for losses to any Common Elements property for other then the repair, replacement or reconstruction of such property; or amend those provisions of this document or any subdivision documents which provide for rights or remedies of first mortgages.

(e)    Beneficiaries, insurers and/or guarantors of first mortgages, upon express written request in each instance therefore, shall have the right to examine the books and records of the Association during normal business hours, review the Association’s annual audited financial statement and other financial data without expense, and receive written notice of all meetings of the Members in the context of designating in writing a representation request and designated representative to attend all such meetings. Such entities and first mortgages shall be given immediate notice following any damage to the Common Elements whenever the cost of reconstruction exceeds ten-thousand ($10,000.00) dollars and when the Association learns of any threatened condemnation proceeding or proposed acquisition of any portion of the Properties. 

(f)     First mortgages may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Elements property and may pay any overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for Common Elements property, and first mortgages making such payments shall be owed immediate reimbursement therefore from the Association.

(g)    The reserve fund described in this document must be funded by regular scheduled monthly, quarterly, semiannual or annual payments rather then by large extraordinary Assessments.

(h)    The Association shall require that any manager, and any employee or agent thereof, maintain at all times fidelity bond coverage which names the Association as an obligee; and, at all times from and after the end of the Declarant control period, the Association Board shall secure and cause to be maintained in force at all times fidelity bond coverage which names the Association as an obligee for any person handling funds of the Association.

(i)      When professional management has been previously required by a beneficiary, insurer or guarantor of a first mortgage, any decision to establish self-management by the Association shall require the approval of at least two-thirds (2/3) of the total voting power of the Association membership and of the Association Board respectively, and the eligible beneficiaries of at least fifty-one (51) percent of the first mortgages of Lots in the Properties. 

In addition to the foregoing, the Association Board may enter into such contracts or agreements on behalf of the Association as are required in order to satisfy the guidelines of FHA, VA, FHMLC, FNMA, or GNMA or any similar entity, so as to allow for the purchase, insurance or guaranty, as the case may be, by such entities of first mortgages encumbering Lots. Each Lot Owner hereby agrees that it will benefit the Association and the membership, as a class of potential mortgage borrowers and potential sellers of their Lots, if such agencies approve the Properties as a qualifying subdivision under their respective policies, rules and regulations, as adopted from time to time. Mortgagees are hereby authorized to furnish information to the Association Board concerning the status of any mortgage encumbering any Lot. 

Article 12 – Reserved Rights of Declarant

Section 12.1 Declarants Reserved Rights

Any other provision herein notwithstanding, Declarant reserves, in its sole discretion, the following developmental rights and other special Declarant’s rights, on the terms and conditions and subject to the expiration deadlines, if any, set forth as follows:

(a)    Declarant reserves, for a period terminating on the fifteenth (15^th) anniversary of the recordation of this document, the right, in Declarant’s sole discretion, to complete the construction of the Improvements on the Properties and an easement over the Properties for such purpose, provided however, that if Declarant still owns any property in the Properties on such fifteenth (15^th) anniversary date, then such rights and reservations shall continue, indefinitely thereafter until Declarant sells all Properties under its Ownership.

(b)   Declarant reserves the right to annex all or portions of potentially annexable areas to the community, pursuant to the provisions of this document, for as long as Declarant owns any portion of the subdivision and annexable areas. No assurances are made by Declarant with regard to the boundaries of those portions of the Properties which may be annexed or the order in which such portions may be annexed. Declarant also reserves the right to withdraw real property from the subdivision community for as long as Declarant remains a rightful owner of such property.

(c)    Declarant reserves the right to maintain signs, sales and management offices, and models in any Lot owned or leased by Declarant in the Properties, and signs anywhere on the Common Elements, for the period set forth in Section 12.1(a), above, and the Declarant further expressly reserves the right to use said signs, offices and models, in connection with marketing and sales of other projects of Declarant within the state of Idaho and Boise County.

(d)   Declarant reserves the right to appoint and remove all member(s) of the Association Board as set forth in Section 3.3 above.

(e)    Declarant reserves the right to amend this document from time to time, as set forth in further detail in Section 15.4, below.

(f)     Declarant reserves the right to appoint and remove the ARC as set forth in Section 5.1, above.

(g)    Declarant has reserved certain easements, and related rights, as set forth in this document.

(h)    Declarant reserves the right, until the close of escrow of the last Lot in the Properties, to unilaterally restrict and/or re-route all pedestrian and vehicular traffic within the Properties, in Declarant’s sole discretion, to accommodate Declarant’s construction activities, and sales and marketing activities; provided that no Lot Owner shall be deprived of access to a dedicated street adjacent to the Properties.

Section 12.2 Exemptions of Declarant

(a)    Nothing in this document shall limit, and no Lot Owner or the Association shall do anything to interfere with, the right of Declarant to complete excavation and grading and the construction of Improvements to and on any portion of the Properties, or to alter the foregoing and Declarant’s construction plans and designs, or to construct such additional Improvements as Declarant deems advisable in the course of development of the Properties, for so long as any Lot owned by Declarant remains unsold.

(b)   This document shall in no way limit the right of the Declarant to grant additional licenses, easements, reservations and rights-of-way to itself, to governmental or public authorities and utilities, or to others, as from time to time may be reasonably necessary to the proper development and disposal of Lots; provided, however, that if FHA or VA approval is sought by Declarant, then the FHA and/or the VA shall have the right to approve any such grants as provided herein.

(c)    Prospective purchasers and Declarant shall have the right to use all and any portion of the Common Elements for access to the sales facilities of Declarant and for placement of Declarant’s signs.

(d)   Declarant may use any structures owned or leased by Declarant, as model home complexes or real estate sales or management offices, subject to the time limitations set forth herein, after which time, Declarant shall restore the improvement to the condition necessary for the issuance of a final certificate of occupancy by the appropriate government entity.

(e)    All or any portion of the rights of Declarant in this document may be assigned by Declarant to any successor in interest, by an express and written recorded assignment which specifies the rights of Declarant so assigned.

(f)     The prior written approval of Declarant, as developer of the Properties, shall be required before any amendment to the document affecting Declarant’s rights or interests can be effective. 

Article 13 – Annexation

Section 13.1 Annexation of Property

Declarant may, but shall not be required to, at any time or from time to time, add to the Properties covered by this document all or any portions of adjacent, proximate, or other Properties owned by Declarant, by recording an annexation amendment with respect to the real property to be annexed. Annexable property may, from time to time, be expanded to include additional real property, not as yet identified. Upon such recording, the covenants, conditions and restrictions contained in this document shall apply in full to the Annexed Property in the same manner as if the Annexed Property were originally covered in this document and originally constituted a portion of the original property; and thereafter, the rights privileges, duties and liabilities of the parties to this document with respect to the Annexed Property shall be the same as with respect to the original property and the rights, obligations, privileges, duties and liabilities of the Lot Owners and occupants of Lots within the Annexed Property shall be the same as those of the Lot Owners and occupants of Lots originally affected by this document. By acceptance of a deed from Declarant conveying any real property located in an annexable area, Declarant may unilaterally execute and record an annexation amendment, annexing said real property to the existing subdivision community.

Section 13.2 Annexation Amendment

Each annexation amendment shall conform to Idaho state and county statute and shall include:

(a)    The written and acknowledged consent of Declarant or its assignees.

(b)   A reference to this Declaration, which reference shall state the date of recordation hereof and the county, book and instrument number and any other relevant recording data as available.

(c)    A statement that the provisions of this document shall apply to the Annexed Property as set forth therein.

(d)   A sufficient description of the Annexed Property and assignment of an identifying number to each new property portion and/or Lot created.

(e)    A description of any Common Elements created by the annexation of the Annexed Property.

Section 13.3 FHJA/VA Approval

In the event that, and for so long as, the FHA or VA has agreed to, or is, insuring or guaranteeing loans on any portion of the Properties with respect to the initial sale by Declarant to a purchaser of any Lot, then a condition precedent to any annexation of any property other then the annexable area shall be written confirmation by the FHA or the VA that the annexation is in accordance with the development plan submitted to and approved by the FHA or the VA; provided, however, that such written confirmation shall not be a condition precedent if at such time the FHA or the VA has ceased to regularly require or issue such written confirmations.

Article 14 – Disclosures, Disclaimers, and Releases

Section 14.1 Disclosures, Disclaimers, and Releases of Certain Matters

Without limiting any other provision in this document, by acceptance of a deed to a Lot, or by possession of a Lot, each Lot Owner, Owner’s Family, guests and tenants, shall conclusively be deemed to understand, and to have acknowledged and agreed to, all of the following:

(a)    That there are presently, and may in the future be other, major electrical power system components from time to time located within or nearby the Properties, which generate certain electric and magnetic fields around them; that Declarant specifically disclaims any and all representations or warranties, express and implied, with regard to or pertaining to electric and magnetic fields.

(b)   That the Properties or portions thereof are located adjacent to or nearby certain highways and other major roads and subject to occasional noise, dust, and other nuisance from such roadways; that Declarant hereby specifically disclaims any and all representations or warranties, express and implied, with regard to or pertaining to roads and/or noise, dust, and other nuisance therefrom.

(c)    That the Dwelling and other portions of the Properties are or may be located adjacent to or nearby designated water runoff areas and/or flood plain areas and that any overflow or seasonal runoff of water or other substances from such occurrence are hereby disclaimed by Declarant as in any way a responsible party to any damage or liability occurring therefrom. 

(d)   That construction or installation of Improvements by Declarant, other Owners, or third parties, or growth of trees or other plants, may impair or eliminate the view, if any, of or from a Lot.

(e)    That rural residential subdivision and home construction is an industry inherently subject to variations and imperfections, and items which do not materially affect safety or structural integrity shall be deemed expected minor flaws including, but not limited to reasonable wear, tear, or deterioration; shrinkage, swelling, expansion or settlement; squeaking, peeling, chipping, cracking, or fading; touch-up painting; minor flaws or corrective work; and like items; and not to be considered constructional defects to be repaired by Declarant.

(f)     That the finished construction of all Common Elements and Improvements by Declarant, while within the standards of the industry in Boise County, Idaho, and while in substantial compliance with the plans and specifications as approved by relevant governmental agencies, will be subject to expected minor defects; and therefore Declarant will not be held responsible for repair.

(g)    That the Boise County area contains a number of old mining claims and fault designations, and that the Properties or portions thereof may be located on or nearby an identified or yet to be identified fault line; and that Declarant specifically disclaims any and all representations or warranties, express or implied, with regard to or pertaining to damage from such containment.

(h)    Declarant makes no further representation, and no warranty express or implied with regard to any matters pertaining to adjoining land or uses thereof. Purchaser is hereby advised that from time to time adjoining land to the subdivision may change in zoning, organization, and designated use restrictions or lack thereof. Purchaser should contact the appropriate governmental planning department if further information is desired. Each purchaser acknowledges and agrees that its decision to purchase a Lot is based solely upon purchasers’ own investigation of such adjoining Properties, and not upon any information provided by any sales agent, Declarant, or representatives thereof.

(i)       That the Properties are adjacent to currently undeveloped national forest land which may contain a variety of species of wild creatures which may from time to time stray on to the Properties, and which may otherwise pose a nuisance and hazard; additionally, insects or other pests from time to time may be present on the property, and may constitute a nuisance or hazard.

(j)     That rural residential subdivision and new home construction are subject to and accompanied by substantial levels of noise, dust, construction-related traffic and traffic restrictions, and other construction-related nuisances. Each Lot Owner acknowledges and agrees that it is purchasing a Lot which is within a rural residential subdivision currently being developed, and that the Lot Owner will experience and accepts substantial level of construction-related nuisances until the subdivision has been completed and sold out.

(k)   That the Declarant from time to time shall have the right in its sole discretion to establish and/or adjust sales prices or price levels for Lots and new homes.

(l)      That any model homes or homes built on Lots by contracted builders of Declarant are displayed for illustrative purposes only, and such display shall not necessarily constitute an agreement or commitment on the part of the Declarant to deliver the Lot or Lots in conformity with any model home, and any reference or representation inference to the contrary is hereby expressly disclaimed. 

Section 14.2 Releases

By acceptance of a deed to a designated Lot, each Lot Owner, for itself and all persons claiming under such Lot Owner, shall conclusively be deemed to have acknowledged and agreed, to release Declarant and the Association, and all of their respective officers, managers, agents, employees, suppliers, and contractors, from any and all claims, causes of action, loss, damage or liability (including but not limited to, any claim for nuisance or health hazard, property damage, bodily injury, and/or death) arising from or related to all and/or any one or more of the conditions, activities, occurrences, or other matters described in this foregoing Article 14.

Article 15 – General Provisions

Section 15.1 Enforcement

Subject to this document, all provisions herein may be enforced by the Association and/or Declarant as follows:

(a)    Enforcement shall be subject to the overall good neighbor policy underlying and controlling this Document and this subdivision community in which the Members enjoy a quality lifestyle, and the fundamental governing policy of courtesy and reasonability.

(b)   Breach of any of the provisions contained in this document or the general subdivision rules and procedures and the continuation of any such breach may be enjoined, abated or remedied by appropriate legal or equitable proceedings instituted, in compliance with Idaho state law, by any Member, including Declarant so long as Declarant owns a Lot, by the Association Board, or by the successors-in-interest of the Association. Any judgment rendered in any action or proceeding pursuant hereto shall include a sum for attorneys’ fees in such amount as the court may deem reasonable, in favor of the prevailing party, as well as the amount of any delinquent payment, interest thereon, costs of collection and court costs. Each Member shall have a right of action against the Association for any unreasonable and continuing failure by the Association to comply with material and substantial provisions of this document, or of other subdivision governing documents.

(c)    The Association shall have the right to enforce the obligations of any Member under any material provision of this document, by assessing a reasonable fine as a special assessment against such Member, and/or suspending the right of such Member to vote at meetings of the Association and/or the right of the Member to use Common Elements, subject to the following:

(1)   The person alleged to have violated the material provision of the document must have had actual written notice of the provision and the alleged violation for at least thirty (30) days.

(2)   Notwithstanding the violation, and ongoing nature thereof, each Member shall have an unrestricted right of ingress and egress to his/her Lot by the most reasonably direct route over and across the relevant streets.

(3)   No fine imposed under this document as instrumented may exceed the maximum allowed by Idaho state law for each failure to comply, or may be imposed until the Member has been afforded the right to be heard, in person, by submission of a written statement, or through a representative, at a regularly noticed hearing conducted by the Association -- unless the violation is of a type that substantially and imminently threatens the health, safety and/or welfare of the Members and subdivision community, in which case, the Association may take expedited action, as the Association may deem reasonably and appropriate under the circumstances, subject to the limitations set forth in this document.

(4)   If any such special assessment imposed by the Association on a Member is not paid or reasonably disputed in writing delivered to the Association by such Member – in which case the dispute shall be subject to reasonable attempts at resolution through mutual discussions and mediation – within thirty (30) days after written notice of the imposition thereof, then such special assessment shall be enforceable pursuant to this document.

(d)   Reasonable efforts shall be made to resolve any alleged material violation, or any dispute, by friendly discussion in a good neighbor manner, followed if the dispute continues by mediation by the ARC and/or Association as relevant, and followed, if the dispute continues, by a mutually agreeable or statutorily provided third party mediator. Fines, suspension of voting privileges, and liens and foreclosure on property shall be utilized only as a last resort, after all reasonable efforts to resolve the issue by discussion and mediation have failed.

(e)    The result of every act or omission whereby any of the provisions contained in this document are violated in whole or in part is hereby declared to be and shall constitute a nuisance, and every remedy allowed by law or equity against a nuisance either public or private shall be applicable against every such result and may be exercised by any Member, by the Association, or by the Declarant, and all successors-in-interest of all parties.

(f)     The remedies herein provided for breach of the provisions contained in this document shall be deemed cumulative, and none of such remedies shall be deemed exclusive.

(g)    The failure of the Association to enforce any of the provisions contained in this document shall not constitute a waiver of the right to enforce the same thereafter.

Section 15.2 Severability 

Invalidation of any provision of this document by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.

Section 15.3 Interpretation

The provisions of this document shall be liberally construed to effectuate its purpose of creating a uniform plan for the development of a rural residential community and for the maintenance of the Common Elements. The article and section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine and neuter shall each include the masculine, feminine and neuter.

In the event of any ambiguities in interpretation the Association Board shall have the power to resolve all ambiguities and conflicting provisions, with such Association Board interpretation resolution binding on all Members.  

Section 15.4 Amendment

Except as otherwise provided by this Declaration, this Declaration may only be amended by both a two-third (2/3) majority of all voting Members of the Association, and a majority vote by the Association Board. Notwithstanding the foregoing, termination of this document and any of the following amendments, to be effective, must be approved in writing by the eligible holders of at least two thirds (2/3) of the first mortgages on all of the Lots in the Properties at the time of such amendment or termination, based upon one (1) vote for each mortgage owned in the cases of the following:

(a)    Any amendment which affects or purports to affect the validity or priority of mortgages or the rights or protection granted to beneficiaries, insurers and guarantors of first mortgages.

(b)   Any amendment which would necessitate a mortgagee, after it has acquired a Lot through foreclosure, to pay more then its proportionate share of any unpaid assessment or Assessments accruing after such foreclosure.

(c)    Any amendment which would or could result in a mortgage being canceled by forfeiture, or in a Lot not being separately assessed for tax purposes. 

(d)   Any amendment relating to the insurance provisions as set out in this document, or to the disposition of any money received in any taking under condemnation proceedings. 

(e)    Any amendment which would or could result in termination or abandonment of the Properties or subdivision of a Lot, in any manner inconsistent with the provisions of this document.

(f)     Any amendment which would subject any Lot Owner to a right of first refusal or other such restriction if such Lot is proposed to be sold, transferred or otherwise conveyed.

(g)    Any amendment materially and substantially affecting voting rights, rights of use of Common Elements, reserves and responsibility for maintenance repair and replacement of Common Elements, leasing of Lots, boundaries of any Lot, Declarant’s right and power to annex or de-annex property to or from the Properties, and Assessments, assessment liens, or subordination of such liens.

Notwithstanding the foregoing, if a first mortgagee who receives a written request from the Association to approve a proposed termination, amendment or amendments to the document does not deliver a negative response to the Association within thirty (30) days of the mailing of such a request by the Association, such first mortgagee shall be deemed to have approved the proposed termination, amendment or amendments. 

All amendments must be prepared in writing, certified by at least two (2) Association Officers, and recorded prior to its becoming effective. The recording shall be signed as acknowledgement that the requisite vote has been tallied among Association Members, the Association Board, and eligible mortgage holders as appropriate. 

Notwithstanding all of the foregoing, for so long as Declarant owns a Lot, Declarant shall have the power from time to time to unilaterally amend this Declaration to correct any scrivener’s errors, to clarify any ambiguous provision, to modify or supplement the document in part or in entirety, to make and to process through appropriate governmental authority minor revisions to the plat, and otherwise to ensure that the document conforms with requirements of applicable law. 

In the event of any change to this document, a designated Association Officer shall within thirty (30) days after the change is made, prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each Lot or to any other mailing address designated in writing by the Lot Owner, a copy of the change made. 

Section 15.5 Constructive Notice and Acceptance

Every person who owns, occupies or acquires any right, title, estate or interest in or to any Lot or other portion of the Properties does hereby consent and agree, and shall be conclusively deemed to have consented and agreed, to every limitation, restriction, easement, reservation, condition and covenant contained herein, whether or not any reference to these restrictions is contained in the instrument by which such person acquired an interest in the Properties, or any portion thereof.

Section 15.6 Limited Liability

Except to the extent, if any, expressly prohibited by the applicable Idaho law, none of Declarant, Association Board, ARC, and none of their respective directors, officers, any committee representatives, employees, or agents, shall be liable to any Member or any other person for any action or for any failure to act with respect to any matter if the action taken or failure to act was reasonable or in good faith. The Association shall indemnify every present and former Association Officer and Director and every present and former committee representative against all liabilities incurred as a result of holding such office, to the full extent permitted by law.

Section 15.7 Business of Declarant

Except to the extent expressly provided herein or as required by applicable provision of Idaho state law, no provision of this document shall be applicable to limit or prohibit any act of Declarant, or its agents or representatives, in connection with or incidental to Declarant’s improvement and/or development of the Properties, so long as any Lot therein owned by Declarant remains unsold.

Signature Page

IN WITNESS WHEREOF, Declarant has executed this document the day and year first written below:

Declarant: 

Sharpe Enterprises, LLC, a Nevada Limited Liability Company

By: ________________________________

       Tom Sharpe, Managing Partner

                        On this ______ day of September, 2006, before me, the undersigned, a Notary Public in and for said state, personally appeared Tom Sharpe, known or identified to me to be the Managing Partner of Sharpe Enterprises, LLC., the person who executed the foregoing instrument on behalf of said limited liability company, and acknowledged to me that Sharpe Enterprises, LLC. executed the same.

                        IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.

                                                                        Notary Public for _____________

                                                                        Residing at                                ,______

                                                                        My Commission Expires: _____________

Resolution Adopting Bylaws

The Undersigned, being all of the members of the Board of Directors of the Elk Run Homeowners Association, Inc., by execution hereof, do hereby adopt this document and all attachments hereto as the bylaws of the said Association.

____________________________________

Thomas L. Sharpe Jr., Director

 

____________________________________

Randell B. Sharpe, Director

 

____________________________________

Susan Sharpe, Director

__________________________________________________________________________________________________

Exhibit A – Legal Description of “Properties”

Recorded with County / Available upon request

___________________________________________________________________________________________________

Exhibit B – ARC Submittal Checklist

Elk Run Subdivision

Below is a list of items that are required to accompany the application prior to review by the ARC:

ORIGINALS PLUS TWO COPIES (3 total) OF ITEMS 1-5 BELOW ARE REQUIRED

1.      Application to include:

(a)    Complete Lot Owner information (Name, address, telephone, e-mail if available)

(b)   Lot Owner signature

(c)    Approximate start and completion dates

(d)   Projects being submitted inclusive of all required architectural, engineering and geotechnical plans

2.      Signed Neighbor Impact Statement

(a)    This statement is to be signed by the front facing neighbors directly across the street, and the side adjacent neighbors to the right and left, and the rear neighbors or those at the rear of the property who would be affected by the construction.

3.      Plans Showing Work to be Done

(a)    This should include detailed drawings showing the height, length, width, color and what the improvement will look like when it is completed, and be accompanied by any intended or already obtained permits and applications thereof.

4.      Substantial Landscape Plans

(a)    These plans, if necessary, should show all substantial changes to the surrounding landscape, including but not limited to major tree removal, grading, and etc. that would substantially impact the view of surrounding neighbors.

5.      Materials List

(a)    This section should list the materials to be used in the project(s) including items such as timber, lumber, rock, roofing, asphalt, cement, fencing, trees to be planted, etc.

FAILURE TO FOLLOW THESE REQUIREMENTS AND PROCEDURES MAY CAUSE YOUR REQUEST TO BE DELAYED PENDING SUBMISSION OF ADDITIONAL INFORMATION AND DOCUMENTATION TO THE ARC. AN INCOMPLETE APPLICATION MAY AFFECT THE TIME LIMITS FOR APPROVAL.

______________________________________________________________________________________________

Page –2- 

ARC Submittal Checklist

Homeowner: ___________________________________    Date: ___________________

Property Address: _________________________________________________________

Mailing Address: __________________________________________________________

Contact Telephone: ____________________    E-mail: ____________________________

Start Date: _________________________    End Date: ____________________________

I HEREBY REQUEST THE APPROVAL OF THE CONSTRUCTION AND/OR INSTALLATION OF THE FOLLOWING IMPROVEMENTS (ATTACH ALL PLANS):

________________________                ________________________

Lot Owners’ Signature                         Additional Lot Owners’ Signature

Submittal Checklist:                                              YES                NO

            All plans presented in detail                        ___                 ___

            Setback compliance                                  ___                 ___

            Conforms with existing Improvements       ___                 ___ 

            View restriction adherence                         ___                 ___

            Nuisance adherence                                   ___                 ___ 

Comments (include APPROVAL, APPROVAL PENDING, OR DENIAL/RATIONALE):

______________________________________________________________________________

ARC Submittal Checklist

On ________________________ (date), the attached plans for the preceding page project listing were made available to all neighbors impacted as required and noted below for their review. They have each been notified that I(we) as Lot Owner(s) are submitting these plans for ARC approval. PLEASE PROVIDE ALL SIGNATURES/INFORMATION/DISPOSITION THAT APPLY.

Signature of front facing neighbor(s): ________________________________________________

Address: _____________________________________________________________________

            APPROVE: ________    DISAPPROVE: ________

Signature of back facing neighbor(s): ________________________________________________

Address: _____________________________________________________________________

            APPROVE: ________    DISAPPROVE: ________

Signature of left side facing neighbor(s): ____________________________________________

Address: _____________________________________________________________________

            APPROVE: ________    DISAPPROVE: ________

Signature of right side facing neighbor(s): __________________________________________

Address: _____________________________________________________________________

            APPROVE: ________    DISAPPROVE: ________

____________________________________________________________________________________________________________

Exhibit C – Fire Plan

The Fire Protection Guidelines for Residential Development in the Urban – Wildland Interface for Boise County (Guidelines) will be followed in the development of the proposed subdivision. Our objective in developing the subdivision is to provide for the safeguarding of life and property while at the same time preserving the rural residential aesthetic that the existing land provides. Following these guidelines should mitigate the risk to life and property from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and mitigate structure fires from spreading to wildland fuels. We intend to work closely with local fire protection agencies and local government to improve fire protection in the development. To this end we will provide adequate roads, control the buildup of natural fuels in the development, and require lot owners to conform to the Guidelines in building residences using fire resistant materials and designs for homes and outbuildings in the proposed development. 

Access:

By conforming to the Boise County road ordinance we will construct the roadways in the subdivision to provide adequate access for emergency vehicles. The existing roadway, Shaw Gulch Road, which accesses the property from Highway #21 will be improved by construction of a proper bridge and a paved PCU collector road to the northern edge of the property. The existing bridge over Mores Creek is inadequate for emergency vehicles and this improvement will greatly enhance the ability of the local fire department to access the subdivision property. The remainder of the PCU roads will be improved to conform with the Boise County Road Ordinance. In addition to the PCU roads being installed by the developer, the driveways on each individual lot will be required by the CC&Rs to conform to the access recommendations found in the Guidelines. This will include a minimum unobstructed width of 12 feet and a minimum unobstructed height of 13 feet 6 inches. Driveways in excess of 150 feet in length will be required to have a turnaround and driveways in excess of 200 feet in length will be provided with turnouts in addition to turnarounds. Turnarounds will have an inside turning radii of not less 30 feet and an outside turning radii of not less than 50 feet. Turnouts will have an all weather road surface that is at least 10 feet wide and 30 feet long. Road signs will be provided as noted in the County Road Ordinance.  

Water Supply:

We will work with the local fire chief to provide an approved draft site at the bridge at Mores Creek. This will include an interface between the local fire department’s water trucks and an installed water collector system from the existing Mores Creek water resource (refer to Section E, Item #10 for complete description). 

Fire Retardant Building Construction: 

Residential buildings and out buildings will be required to be constructed using ignition resistant Class 1 construction materials in accordance with the Guidelines. Roof coverings will have a non-combustible or Class A roof covering. For roof coverings where the profile allows a space between the roof covering and the roof decking, the space at the eave ends will be fire stopped to preclude entry of flames or embers. Eaves and soffits will be protected on the exposed underside by material approved for a minimum of one hour rated fire resistive construction or 2 inch nominal dimension lumber. Exterior walls of buildings or structures will be constructed with materials approved for a minimum one hour rated fire resistive construction on the exterior side or constructed with approved non-combustible materials. Such material will extend from the top of the foundation to the underside of the roof sheathing. An exception to this requirement is heavy timber or log wall construction. Buildings or structures will have all underfloor areas enclosed to the ground. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, should be a minimum of one hour rated fire resistive construction, heavy timber construction or constructed of approved non-combustible materials. When the attached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface with a greater than 10% grade, the area below the structure will have all underfloor areas enclosed to within 6 inches of the ground with exterior wall construction. An exception to this would be when the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior walls or are heavy timber construction. Exterior windows, window walls and skylights will be tempered glass or multilayered glazed panels. Exterior doors other then vehicular access doors to garages will be non-combustible or solid core not less then 1 ¾ inches thick. Windows within doors and glazed doors will be built in accordance with the requirements for windows. Attic ventilation openings foundation or underfloor vents or other ventilation openings in vertical exterior walls and vents through roofs will not exceed 144 square inches each. Such vents will be covered with non combustible corrosion resistant mesh with openings not to exceed ¼ inch. Attic ventilation openings will not be located in soffits, in eave overhangs, between rafters at eaves, or in other overhang areas. Underfloor ventilation openings will be located as close to grade as practical. Detached accessory structures including enclosed carports located less than 50 feet from a building containing habitable space, will have exterior walls constructed with materials approved for a minimum of one hour rated fire resistive construction, heavy timber, log wall construction or constructed with approved non-combustible materials on the exterior side. When an attached structure is located and constructed so that the structure or any portion of the structure projects over a descending slope surface greater than 10% grade, the area below the structure will have the underfloor areas enclosed to within 6 inches of the ground, with exterior wall construction.  

Vegetation and Clearance:

Defensible space will be maintained around all habitable structures. Defensible spaces will be required around habitable structures in accordance with figures 4A through 4D of the Guidelines. Tree crowns should be pruned to maintain a minimum horizontal clearance of 10 feet from any structure. Tree crowns should have a minimum of 10 feet between them and more if the percent slope exceeds 20% grade.  

Fire Resistant Vegetation:

Fire resistive plants burn at a relatively low intensity, slow rates of spread and have short flame lengths.  The fire resistant vegetation detailed in the Guidelines should be considered as the preferred vegetation when considering landscaping choices for each lot. 

Spark Arresters:

Chimneys serving fire places, incinerators, or decorative heating appliances in which solid or liquid fuels are used will be provided with a spark arrester. Spark arresters should be constructed of woven or welded wire screening of 12 USA standard gage wire having openings not exceeding ½ inch.  

Liquefied Petroleum Gas installations:

LP gas containers should be located with respect to buildings or line of adjoining property which may be built upon in accordance with the Guidelines. Weeds, grass, brush, trash or other combustible material must be kept a minimum of 10 feet away from all LP gas tanks or containers. 

________________________________________________________________________________________________________________

Exhibit D –  Forest Service Easement

Recorded with county; Available upon request