HomeMy WebLinkAboutAPPLICATION & DOCS - 08-00258 - Everett Place Lot 9 - Everett Place Condominiums - Preliminary PlatJ
Preliminary /Final PI
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City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
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REXBURG
Amefia�s Famr4 Community
Application for Approval of Preliminary Subdivision Plat
re ary ats s a be 24 x 36 foldable, drawn to scale, North point, dated.
The following shall be shown on the Preliminary Plat or shall be submitted separately:
The attached Subdivision plan has been prepared in accordance with the Subdivision Regulations of
the City of Rexburg, and the following items are shown on the plan or plans, or explanations given with
respect thereto.
Requirements for Preliminary Plats
All P lirnin Pl h ll
1. The name of the proposed subdivision: Everett Place Condominiums
2. The location 887 Everett Place
Rexburg, Idaho 83440
Acreage: .21 Acres
Number of Lots: 1
3. The names, addresses and telephone numbers of the subdivider or subdividers and the
engineer or surveyor who prepared the plat:
Subdivider
Name: Carlon Scott Address: P.O. Box 24437, Los Angeles, CA 90024 -0437
Phone Number: (310) 473 -4103 Cell Number: (310) 740 -6874
Engineer
Name:
Phone Number:
Cell Number:
Surveyor
Name: Jeff Williams, Harper- Leavitt Engineering, Inc.
Address:985 North Capital Avenue
P.O. Box 50691
Idaho Falls, Idaho 83405
Phone Number: (208) 524 -0212 Cell Number:
4. The name and addrof all property owners within 300 feet Ae external boundaries of the
subdivision whether or not bisected by a public right -of -way as shown on record in the County
Assessor's office. This should not be required as the four -plex has been constructed.
The legal description of the subdivision.
Part of Section 25, Township 6 North, Range 39 East, B.M., Madison County, Idaho
described as:
Beginning at a point that is N00 0 15'55 "W 815.55 feet along the section line
and S89 °45'51 "W 430.26 feet to the SE corner of Lot 9 of Andrews Addition
No. 2 from the South 1/4 corner of Section 25 and running thence
S89 0 48'14 "W 84.97 feet to the SW corner of said Lot 9; thence N00 0 11'46 "W
107.46 feet to the NW corner of said Lot 9; to the point of a curve of a non -
tangent curve to the right, of which the radius point lies S07 1 54 1 41 11 E, a radial
distance of 59.65 feet; thence east along the arc, through a central angel of
07 0 43'35 ", a distance of 8.04 feet thence N89 °48'14 "E 76.95 feet to the NE
corner of said Lot 9; thence S00 °11'46 11 E 108.00 feet to the POINT OF
BEGINNING.
6. A statement of the intended use of the proposed subdivision such as: Residential — (single family,
two - family and multiple housing); Commercial, Industrial, Recreational or Agricultural. Show sites
proposed for parks, playgrounds, schools, churches or other public areas.
The intended use of the Everett Place Condominiums will not change from its current use
as residential housing. Ownership will change such that the individual units within the
four -plex may be owned separately.
7. A map of the entire area scheduled for development if the proposed subdivision is a portion of
a larger holding intended for subsequent development.
A map of the area is contained in Sheet 1 of the plat drawings submitted with this
application.
8. A vicinity map showing the relationship of the proposed plat to the surrounding area (1 /2 mile
of minim radius, scale optional).
A map of the area is contained in Sheet 1 of the plat drawings submitted with this
application.
9. Streets, street names, rights -of -way, and roadway widths, including adjoining streets or
roadways, curbs and sidewalks.
Some of this information is contained in Sheet 1 of the plat drawings submitted with this
application. As this is an application for an already existing four -plex, the remaining
information is in the possession of the City of Rexburg.
10. Lot lines and block0owing the dimensions and numbers of each.
This information is contained in Sheet 2 of the plat drawings submitted with this
application.
11. Contour lines, shown at five (5) feet intervals where land slope is greater than ten percent
(10 9 /6) and at two (2) feet intervals where land slope is ten percent (10 %) or less, referenced to an
established bench mark, including location and elevation.
As this is an application for an already existing four -plex, this information should not be
required.
12. Any proposed or existing utilities including, but not limited to, storm and sanitary sewers,
irrigation laterals, ditches, drains, bridges, culverts, water mains, fire hydrants, power, gas, street
lights and their respective profiles and easements.
All utilities are already connected to the existing four -plex.
13. A copy of any proposed restrictive covenants and /or deed restrictions. (To be attached or
submitted with final plat).
Please see the copy of the Condominium Declaration for the Everett Place Condominiums,
attached hereto.
14. Any dedications to the public and /or easements, together with a statement of location,
dimensions, and purpose of such.
Please see Sheet 2 of the plat drawings submitted herewith.
Please complete the following: (If not applicable, please fill in with N /A)
1. What is the land use and existing zoning of the proposed subdivision and the adjacent land? N/A
2. Does subdivision conform to present zoning? Yes.
3. Requested zoning: N/A
4. Variance Requested: Yes No X (If yes, attach written request)
5. Requesting annexation to City? No.
4 1 TEMS FOR CONSIDERATIO
1. Probable impact of the proposed project on the environment effect on:
a. Public safety and convenience
b. Fire, police, and ambulance services
c. Recreation
d. Schools
e. Displacement or relocation of people
f. Land values
g. Local and long - distance travel, i.e., highway and local road impact
h. Behavior of wildlife species
1. Wager quality and effect on underground water supply
j. Noise pollution
k. Air pollution
1. Method proposed to dispose of storm drainage waters
m. Extent of increased city road maintenance, including snow removal
n. Flood plain — methods proposed to alleviate effect of 100 -year flood; effect on adjacent properties.
o. provisions for housing for persons of low and moderate income
p. Harmony with the character of surrounding developments
2. Probable adverse environmental effects which cannot be avoided
a. Traffic Use
b. Rights -of -way required
c. Pollution effect on existing environment
3. Relationship between local short -term uses of man's economic environment and the long -term
productivity.
a. Existing vs. proposed tax base
b. Costs to City if proposal approved (annual)
4. Measures taken to minimiz harmful effects on environment
a. Effects of construction activities
b. Erosion control
c. Stream pollution prevention
d. Borrow -pit rehabilitation
e. Fencing
f. Buffer zones
g. replacement of parklands or farmlands
5. Is this plat plan harmonious with and in accordance with the general objectives or with any specific
objective of the City's Comprehensive Plan?
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE REXBURG PLANNING AND BUILDING DEPARTMENT
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Affidavit of legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
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,a �% CITY OF
REX
America's Family Commundr
State of California y
County of Lv--�,
I, Lee Dalton, 2034 Louella Ave, Venice, Ca 90291,
Being first duly sworn upon oath, depose and say:
A. That I am the record owner of the property described on the attached, and I grant my
permission to: Kristopher D. Meek Esq., HOPKTNS RODEN CROCKETT HANSEN & HOOPES, PLLC,
P.O. Box 51219, Idaho Falls, Idaho 83405 -1219 to submit the accompanying application pertaining
to that property.
B. I agree to indemnify, defend and hold Rexburg City and its employees harmless from any
claim or liability resulting from any dispute as to the statements contained herein or as to the
ownership of the property which is the subject of the application.
Dated this _ 1 _ S �7
Subscribed and sworn to before me the day and year first above written.
TIMOTHY J. KEARNEY
Commission # 1519759
Notary Public - California
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O my Los Angeles County
Comm. Expires Oct 16, 2008
Nota Public of
My commission expires: 1 I 1 le I a
day of , 20
ry �` f1110 811 *1w eodptli, 80 01
to Awwl.cwniiia we
Residing at:
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Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www,rexburg.org Fax: 208.359.3022
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Americas Family Community
Preliminary Plat — Everett Place Condominiums — 887 Everett Place
1. On June 3, 2008, Kristopher Meek of Hopkins Roden Crockett Hansen & Hoopes,
representing applicant Carlon Scott, presented to the Rexburg Planning & Zoning
Coordinator a Request and Application for a Preliminary Plat for Everett Place
Condominiums.
2. June 19, 2008, Kristopher Meek presented to the Rexburg Planning & Zoning Commission
the Request for approval of the Preliminary Plat for Everett Place Condominiums
Mary Ann Mounts motioned to recommend for approval to City Council, the Preliminary
Plat for Everett Place Condominiums, 887 Everett Place, to include a landscaping plan that
shows a minimum of three trees in the right -of -way boulevard strip and a minimum of three
additional trees on each side of the unit (north and south) and at least 2 shrubs (deciduous
trees shall be a minimum of 1.5 -inch caliper DBH, evergreen trees shall be a minimum of 7-
feet in height, and shrubs shall be a minimum of 5 -gallon containers, at Planting) [planting
details added by staff to offer clarification based on discussion earlier in meeting]. A
landscape plan and revised site plan shall be submitted to the planning administrator for
review, and shall include 9 parking spaces, and shall address any other staff review
comments. Dan Hanna seconded the motion.
They discussed the motion.
Those in Favor:
Mary Ann Mounts
Dan Hanna
David Stein
Ted Hill
Thaine Robinson
Motion Carried.
Those Opposed:
Mike Ricks
3. On July 16, 2008 Christopher Meek 428 Park Avenue in Idaho Falls is an attorney
representing Carlon Scott who is representing the property owners. They are asking to
Condomize a four plex. Council Member Stevens is favorable to the proposal allowing
private ownership. Mr. Meek explained the proposal would require some changes to the
parking lot. One Planning condition was to add some trees. Council Member Schwendiman
asked if the building would have a homeowners association. Mr. Meek said yes; they are
forming a homeowners association. City Attorney Zollinger explained the (Condominium
Association) has certain requirement; however, it is a single contact for property concerns.
Discussion:
000
000
Council Member Stevens moved to approve conditioned upon; Council Member
Woodland seconded the motion; Discussion: Council Member Mann explained the buildings
were constructed for single owners. Other property owners on the street own the entire
building. Discussion on the concept of condo ownership verses apartment use. City
Attorney Zollinger explained condos have stricter requirements.
Those voting ave
Council Member Schwendiman
Council Member Stevens
Council Member Woodland
Council Member Stout
Those voting nay
Council Member Mann
The motion carried.
.0 0
HOPKINS RODEN CROCKETT HANSEN & HOOPES, PLLC
SEWARD H. FRENCH (1941 -1984) TED C. SPRINGER (1943 -1984) WILLIS B. BENJAMIN (1939 -1999)
June 5, 2008
KRISTOPHLER D. MEEK
E -MAIL krismeek@hopkinsioden.com
City of Rexburg
Planning and Zoning Department
Attn: Gary Leikness
12 North Center
Rexburg, Idaho 83440
Re: Everett Place Condominiums
Dear Mr. Leikness:
Attached, please find a Second Affidavit of Legal Interest signed by Mark
Bragg. It came to my attention that after we had submitted our Application that Mr.
Bragg's Affidavit had not yet been signed and sent to you. This should complete our
Application. If you have any other questions, please do not hesitate to contact me.
Sincerely,
Kristopher D. Meek
KDM
Enclosure
cc: Carlon Scott
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428 PARK AVENUE - PO BOX 51219 ® IDAHO FALLS, ID . 83405 -1219
(208) 523 -4445 d FAX (208) 523 -4474 • WWW.HOPKINSRODEN.COM
599 WEST BANNOCK - PO BOX 2110 - BOISE, ID • 83701 -2110 • (208) 336 -7930 - FAX (208) 336 -9154 - W W W. HOPKINSRODEN.COM
• •
Affidavit of legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
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CITY O F
REXBURG
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Americds Family Comnumily
State of California
County of i , S A,, b £- L, �- S
I, Mark Bragg, 13089 Peyton Drive, Suite C -241, Chino Hills, CA 91709,
Being first duly sworn upon oath, depose and say:
A. That I am the record owner of the property described on the attached, and I grant my
permission to: Kristopher D. Meek, Esq., HOPKINS RODEN CROCKETT HANSEN & HOOPES, PLLC,
P.O. Box 51219, Idaho Falls, Idaho 83405 -1219 to submit the accompanying application pertaining
to that property.
B. I agree to indemnify, defend and hold Rexburg City and its employees harmless from any
claim or liability resulting from any dispute as to the statements contained herein or as to the
ownership of the property which is the subject of the application.
Dated this
day of , . 20 D - 6
Subscribed and sworn to before me i
v Mv 1 ��o���� a�iBuc- cA.r�R:ar; n m. Ezplres A r. 97 2009
JUN _ s M
CITY OF REXBURI
Residing at: l ,H C'& 1, 1 E 0 (L4&i i to
My commission expires: v I 3 — co
Notary Public of Califomia
HOPKINS RODEN CROCKETT HANSEN & HOOPES, PLLC
SEWARD H. FRENCH (1941 -1984) TED C. SPRINGER (1943 -1984) WILLIS B. BENJAMIN (1939 -1999)
May 29, 2008
KRISTOPHER D. MEEK
E -MAIL krismeek @hopkinsroden.com
City of Rexburg } s
Planning and Zoning Department fI,
Attn: Gary Leikness
12 North Center
Rexburg, Idaho 83440
Re: Everett Place Condominiums
Dear Mr. Leikness:
Attached, please find the following documents:
1. (18) copies of our Application for Approval of Preliminary Subdivision Plat
2. Signed Affidavit of Legal Interest
3. (18) copies of photographs of the subject property
4. (5) 24" x 36" copies of the preliminary subdivision plat
5. (18) 11" x 17" copies of the preliminary subdivision plat
6. (18) copies of the Condominium Declaration for the Everett Place
Condominiums
7. (18) copies of the Bylaws of the Everett Place Condominiums
S. A check for $154.00 to cover the application fees
In addition to the above items, Everett Place Condominiums has been
identified as a Special Development under Chapter 5 of Rexburg's Development Code.
We submit the following information for your consideration as part of our Application.
1. Site Development Plan. Attached hereto are photographs of the existing
four -plex at 887 Everett Place. The photographs should provide the
commission with sufficient information regarding architectural style,
materials, color, landscaping, parking, and open spaces. The four -plex is
already connected to solid -waste facilities.
428 PARK AVENUE ® PO BOX 51219 • IDAHO FALLS, ID • 83405 -1219
(208) 523 -4445 - FAX (208) 523 -4474 . WWW.HOPKINSRODEN.COM
599 WEST BANNOCK - PO BOX 2110 -BOISE, Ill - 83701 -2110 ^ (208) 336 -7930 -FAX (208) 336 -9154 - W W W. HOPKINS RODEN.COM
0 •
May 29, 2008
Page 2
2. Private Streets. The four -plex does not contain any private streets.
Home Owner's Association. Enclosed, please find a copy of the Bylaws
of the Everett Place Condominiums Owners' Association, Inc. and the
Condominium Declaration for the Everett Place Condominiums.
4. Storage Areas. As stated in paragraph 4. of Chapter 5 of the Rexburg
Development Code, "For typical residential development, one adequate
space shall be provided for every three (3) living units. This may be
reduced by the Commission if there is a showing that the needs of a
particular development are less." Currently, there is no need for storage
areas within the four -plex. All maintenance of the grounds are performed
by a landscaping company. All storage of vehicles and equipment are
governed by Section 7.5 of the Condominium Declaration for the Everett
Place Condominiums, specifically limiting the storage of unsightly vehicles
or equipment.
5. Parking Space. Sheet 2 of the plat drawings show ten parking spaces.
That would provide enough for 2 vehicles for each unit plus two extra
parking stalls.
6. Maintenance Building. Paragraph 6. of Chapter 5 of the Rexburg
Development Code requires that "[a] maintenance building shall be
provided; size and location to be determined by the type and service needed
for the necessary repair and maintenance of all common areas and facilities.
The application for Everett Place Condominiums is not a typical
subdivision application —it consists of only 4 units in 1 building. The
maintenance of the common areas is limited to grounds keeping and
sidewalk and stair repair. Currently, outside companies or residents are
hired to repair and maintain the common areas. That type of maintenance
will continue if the Application is approved.
In addition to the above, a maintenance building is specifically
excepted in the Condominium Declaration. Section 7.13 provides that all
maintenance and repair of the common areas shall be conducted through the
Association with each unit owner being responsible for their share of the
costs. Section 8.4.2.8 requires the Association to manage or provide for the
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May 29, 2008
Page 3
maintenance and repair of the sidewalks and landscaping. Section 8.4.2.5
requires the Association to maintain the exteriors of the project. As such, a
maintenance building for the purposes of ongoing maintenance is not
required. As Everett Place Condominiums is a four -plex, an on -site
maintenance building should not be required.
7. Open Space. The attached photographs and preliminary plats should
provide adequate information regarding the use of open space. We will be
happy to provide more information upon request.
8. Control During Development. This requirement should not apply because
the four -plex is already built.
I sincerely hope that the above information is sufficient for your pre -
application approval and that we can proceed forward with the submission of our
Application. If you have any questions, concerns, or feel that a conference is necessary,
please do not hesitate to contact me.
Sincerely,
Kristopher D. Meek
KDM
Enclosure
cc: Carlon Scott
CONDOMINIUM DECLARATION
FOR THE
EVERETT PLACE CONDOMINIUMS
NOTICE
THE FOLLOWING IS A VERY IMPORTANT DOCUMENT WHICH EACH AND
EVERY POTENTIAL BUYER AND OWNER OF A CONDOMINIUM WITHIN THE
EVERETT PLACE CONDOMINIUMS SHOULD READ AND UNDERSTAND. THIS
DOCUMENT DETAILS THE OBLIGATIONS, RESPONSIBILITIES, AND PROHIBITIONS
IMPOSED UPON ALL OWNERS AND UNITS LOCATED WITHIN THE EVERETT PLACE
CONDOMINIUMS.
THE EVERETT PLACE CONDOMINIUMS ARE A UNIQUE LIVING
ENVIRONMENT. EACH POTENTIAL OWNER IS ADVISED TO MAKE FULL AND
COMPLETE INQUIRY ABOUT THE EVERETT PLACE CONDOMINIUMS BEFORE
ACQUIRING A UNIT. EACH OWNER ACKNOWLEDGES AND UNDERSTANDS THAT
THE UNITS WILL BE SUBJECT TO ASSESSMENTS LEVIED BY THE EVERETT PLACE
CONDOMINIUMS OWNERS' ASSOCIATION.
THE GRANTOR, AS DEFINED IN THIS CONDOMINIUM DECLARATION,
EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, STATEMENTS,
OR INFORMATION NOT SET FORTH HEREIN OR IN ANY WRITTEN DOCUMENT
EXECUTED BY THE GRANTOR.
POTENTIAL OWNERS ARE ADVISED TO REVIEW THIS CONDOMINIUM
DECLARATION PRIOR TO ACQUIRING A UNIT.
Table of Contents
Page
SECTION1 - RECITALS ............................................................................................................. ............................... 1
1.1 Property Covered ........................................................................................ ............................... 1
1.2 Residential Property ................................................................................... ............................... 1
1.3 Purpose ........................................................................................................ ............................... 1
SECTION2 - DECLARATION .................................................................................:.................. ............................... 1
SECTION 3 - ADDITIONAL DEFINITIONS .............................................................................. ............................... 2
3.1
Articles ......................................................................................................... ............................... 2
3.2
Assessment .................................................................................................... ..............................2
3.3
Association ........................................:.......................................................... ............................... 2
3.4
Association Rules ........................................................................................ ............................... 2
3.5
Board ............................................................................................................. ..............................2
3.6
Building or Buildings .................................................................................. ............................... 2
3.7
Bylaws .......................................................................................................... ............................... 2
3.8
Common Area ............................................................................................. ............................... 2
3.9
Condominium ............................................................................................... ..............................2
3.10
Condominium Act ....................................................................................... ............................... 2
3.11
Condominium Documents .......................................................................... ............................... 2
3.12
[Intentionally Omitted] ............................................................................... ............................... 2
3.13
Grantor ........................................................................................................ ............................... 2
3.14
Limited Assessment .................................................................................... ............................... 3
3.15
Limited Common Area ............................................................................... ............................... 3
3.16
Management Agreement ............................................................................ ............................... 3
3.17
Management Company .............................................................................. ............................... 3
3.18
Member ......................................................................................................... ..............................3
3.19
Mortgage ....................................................................................................... ..............................3
3.20
Mortgagee ..................................................................................................... ..............................3
3.21
Owner ........................................................................................................... ............................... 3
3.22
[Intentionally Omitted] ............................................................................... ............................... 3
3.23
[Intentionally Omitted] ............................................................................... ............................... 3
3.24
Plat ............................................................................................................... ............................... 3
3.25
Project ........................................................................................................... ..............................4
3.26
Regular Assessment .................................................................................... ............................... 4
3.27
Special Assessment ...................................................................................... ............................... 4
3.28
[Intentionally Omitted] ............................................................................... ............................... 4
3.29
Unit ................................................................................................................ ..............................4
SECTION 4 - NATURE AND INCIDENTS OF CONDOMINIUM OWNERSHIP .................... ............................... 4
4.1 Estates of an Owner of a Condominium ................................................... ............................... 4
4.2 Title .............................................................................................................. ............................... 5
4.3 Inseparability .............................................................................................. ............................... 5
4.4 Partition of Common Area Not Permitted ................................................ ............................... 5
4.5 Taxes and Assessments ............................................................................... ............................... 5
4.6 Owner's Rights with Respect to Interiors ................................................. ............................... 5
SECTION5 - EASEMENTS ......................................................................................................... ............................... 5
5.1 Easements for Encroachments ................................................................... ............................... 5
5.2 Easements of Access for Repair, Maintenance and Emergencies ........... ............................... 6
5.3 Owner's Right to Ingress, Egress and Support ........................................ ............................... 6
5.4 Association's Right to Use of Common Area ............................................ ............................... 6
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5.5 Grantor's Right Incident to Construction ................................................ ............................... 6
5.6 Easements Deemed Created ....................................................................... ............................... 7
5.7 Emergency Easement .................................................................................. ............................... 7
5.8 Recorded Easements ................................................................................... ............................... 7
SECTION 6 - DESCRIPTION OF A CONDOMINIUM .............................................................. ............................... 7
SECTION 7 - USE
OF CONDOMINIUMS .................................................................................. ............................... 7
7.1
Obstructions of Common Area .................................................................. ............................... 7
7.2
Maintenance of Interiors and Limited Common Area ............................ ............................... 8
7.3
Prohibition of Damage and Certain Activities ......................................... ............................... 8
7.4
No Hazardous Activities ............................................................................. ............................... 9
7.5
Vehicles and Equipment ............................................................................. ............................... 9
7.6
Parking .......................................................................................................... .............................10
7.7
Animals /Pets ................................................................................................. .............................10
7.8
No Temporary Structures ........................................................................... .............................10
7.9
Energy Devices ............................................................................................. .............................10
7.10
Over the Air Reception Devices ................................................................. ..............................1 l
7.11
Signs .............................................................................................................. .............................11
7.12
Rules and Regulations ................................................................................. .............................11
7.13
Limited Common Areas .............................................................................. .............................11
7.14
Window Treatments .................................................................................... .............................11
7.15
Structural Alterations ................................................................................. ..............................1 l
7.16
Sewer System Restrictions ........................................................................... .............................11
7.17
[Intentionally Omitted] ................................................................................ .............................12
7.18
Deed Restrictions ......................................................................................... .............................12
7.19
Right to Enjoy and Use Units ...................................................................... .............................12
SECTION 8 - THE EVERETT PLACE CONDOMINIUMS OWNERS' ASSOCIATION .......... .............................12
8.1
Creation ........................................................................................................ .............................12
8.2
Voting Rights in the Association ................................................................. .............................12
8.3
Transfer ........................................................................................................ .............................13
8.4
Powers and Duties of the Association ......................................................... .............................13
8.5
Maintenance of Records and Right of Inspection ..................................... .............................17
8.6
Amplification ................................................................................................ .............................17
8.7
Use of Association Powers ........................................................................... .............................17
SECTION9 - ASSESSMENTS ...................................................................................................... .............................17
9.1
Covenant to Pay Assessments ..................................................................... .............................17
9.2
Initial Assessments ....................................................................................... .............................17
9.3
Rate of Assessment ....................................................................................... .............................17
9.4
Assessment Constitutes Lien ....................................................................... .............................17
9.5
Assessment is Personal Obligation ............................................................. .............................18
9.6
Regular Assessments .................................................................................... .............................18
9.7
Special Assessments ..................................................................................... .............................18
9.8
Limited Assessments .................................................................................... .............................19
9.9
Notice and Assessment Due Date ................................................................ .............................19
9.10
Estoppel Certificate ..................................................................................... .............................19
9.11
No Reserves Provided by Grantor .............................................................. .............................20
9.12
Grantor's Assessment Obligations ............................................................. .............................20
SECTION 10 - ENFORCEMENT OF ASSESSMENTS; LIENS .................................................. .............................20
10 .1
Right to Enforce ........................................................................................... .............................20
10 .2
Assessment Liens .......................................................................................... .............................20
10 .3
Method of Foreclosure ................................................................................. .............................21
10 .4
Required Notice ............................................................................................ .............................21
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10.5 No Subordination ......................................................................................... .............................21
10.6 Rights of Mortgagees ................................................................................... .............................21
SECTION 11 - RIGHTS TO COMMON AREAS ......................................................................... .............................22
11.1 Use of Common Area ................................................................................... .............................22
11.2 Delegation of Right to Use ........................................................................... .............................23
11.3 Damages ........................................................................................................ .............................23
SECTION 12 - MECHANIC'S LIEN RIGHTS ............................................................................. .............................23
SECTION13 - INSURANCE ........................................................................................................ .............................23
13.1 Types of Insurance ....................................................................................... .............................23
13.2 Insurance Proceeds ...................................................................................... .............................25
13.3 Owner's Own Insurance .............................................................................. .............................25
SECTION 14 - CASUALTY, DAMAGE OR DESTRUCTION ................................................... .............................25
14.1 Affects Title .................................................................................................. .............................25
14.2 Association As Agent ................................................................................... .............................26
14.3 General Authority of Association ............................................................... .............................26
14.4 Estimate of Costs .......................................................................................... .............................26
14.5 Repair or Reconstruction ............................................................................ .............................26
14.6 Funds for Reconstruction ............................................................................ .............................26
14.7 Disbursement of Funds for Repair or Reconstruction .............................. .............................27
SECTION15 - CONDEMNATION ............................................................................................... .............................27
15.1 Consequences of Condemnation ................................................................. .............................27
15.2 Proceeds ........................................................................................................ .............................27
15.3 Complete Taking .......................................................................................... .............................27
15.4 Partial Taking .............................................................................................. .............................27
15.5 Reorganization ............................................................................................. .............................28
15.6 Reconstruction and Repair ......................................................................... .............................28
SECTION16 - MISCELLANEOUS .............................................................................................. .............................28
16.1 Amendment .................................................................................................. .............................28
16.2 Mortgage Protection .................................................................................... .............................29
16.3 Enforcement and Non - Waiver .................................................................... .............................29
16.4 Registration of Mailing Address ................................................................. .............................30
16.5 Interpretation ............................................................................................... .............................30
16.6 Owner's Obligations Continue ................................................................... .............................30
16.7 Exhibits ......................................................................................................... .............................31
16.8 Acknowledgement and Waivers .................................................................. .............................31
16.9 Transfer of Grantor's Powers ..................................................................... .............................31
Exhibits
Exhibit 1 Legal Description of the Everett Place Condominiums
Exhibit 2 Plat of Everett Place Condominiums
Exhibit 3 Articles of Incorporation of The Everett Place Condominiums Owners' Association, Inc.
Exhibit 4 Proportional Interest in Common Area and Voting Allocations
- iii -
CONDOMINIUM DECLARATION
FOR THE
EVERETT PLACE CONDOMINIUMS
THIS CONDOMINIUM DECLARATION FOR THE EVERETT PLACE
CONDOMINIUMS ( "Declaration ") is made this day of , 2007, by
EVERETT PLACE CONDOMINIUMS OWNERS' ASSOCIATION, INC., an Idaho nonprofit
corporation (the "Grantor "). All capitalized terms not otherwise defined in the text of this
Declaration are defined in Section 3.
SECTION 1- RECITALS
1.1 Property Covered. Grantor is the owner of certain real property located in the
City of Rexburg, Madison County, Idaho (the "Property "), which is that certain real property
legally described in Exhibit 1, attached and incorporated herein by this reference, and shown on
the Plat of Everett Place Condominiums recorded in Book of
Plats at , Instrument No. in the official records
of Madison County, Idaho (the "Plat "), a copy of which is attached hereto as Exhibit 2, and
incorporated herein by this reference. The Property, together with the all improvements and
structures now or hereafter placed on the Property shall hereinafter be referred to as the
"Project."
1.2 Residential Property. Grantor has developed the Property as a residential
condominium development in accordance with the Plat, this Declaration, and the existing
development approvals obtained from the City of Rexburg.
1.3 Purpose. The purpose of this Declaration is to provide for condominium
ownership of the Project pursuant to the Condominium Act, designate Common Area and
Limited Common Area, create the Everett Place Condominiums Owners' Association, Inc., and
set forth the terms, restrictions, covenants, limitations, easements, conditions and equitable
servitudes that shall apply to the Project and this condominium ownership regime (collectively
"Restrictions ") that are unique to the Property and the condominium ownership regime.
SECTION 2 - DECLARATION
Grantor hereby declares that the Property and every parcel or portion thereof shall be
held, sold, conveyed, encumbered, hypothecated, used, occupied and improved subject to the
provisions of this Declaration, each and all of which are hereby declared to be in furtherance of a
general plan for the creation, maintenance and sale of an ownership in fee simple of separate
interests in Units and for co- ownership with others, as tenants -in- common, of the Common Area,
all pursuant to the Condominium Act. All provisions hereof shall be deemed covenants running
with the land or as equitable servitudes, and shall constitute benefits and burdens to the Owners
and all persons hereafter acquiring or owning any interest in the Project, however such interests
may be obtained. Each Owner of a Condominium, including Grantor, is subject to all of the
rights and duties contained within the Condominium Documents.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS -1
SECTION 3 - ADDITIONAL DEFINITIONS
3.1 Articles. Articles mean the Articles of Incorporation of The Everett Place
Condominiums Owners' Association, Inc., as the same may be amended from time to time. A
copy of the Articles is attached hereto and incorporated herein as Exhibit 3.
3.2 Assessment. Assessment means a share of the funds required for the payment of
common expenses, including those expenses attributable to less than all Owners in the case of
Limited Assessments, which, from time to time, are assessed against the Owners, and shall
include Regular, Special and Limited Assessments, as more particularly described in Section 9
hereof.
3.3 Association. Association means the Everett Place Condominiums Owners'
Association, Inc., an Idaho nonprofit corporation, its successors and assigns.
3.4 Association Rules. Association Rules means the rules and regulations that may
be adopted, amended, or repealed from time to time by the Board, as more particularly described
in Section 8.4.1.5 of this Declaration.
3.5 Board. Board means the duly elected board of directors of the Association.
3.6 Building or Buildings. Building or Buildings mean the buildings to be
constructed on the Property as shown on the Plat.
3.7 Bylaws. Bylaws mean the bylaws of the Association as they exist from time to
time.
3.8 Common Area. Common Area means the entire Project, except the Units.
3.9 Condominium. Condominium means a separate interest in a Unit together with
an undivided interest in common in the Common Area, expressed as percentages of the entire
ownership interest in the Common Area and attached hereto and incorporated herein as
Exhibit C.
3.10 Condominium Act. Condominium Act means the "Condominium Property Act"
of the State of Idaho, Idaho Code Section 55 -1501, et seq.
3.11 Condominium Documents. Condominium Documents means this Declaration,
the Articles, the Bylaws, the Plat, Association Rules, any services agreements entered into by the
Association, and any and all other related documents and instruments as the same may be
amended from time to time.
3.12 [Intentionally Omitted].
3.13 Grantors. Grantors means Lee Dalton and Mark Bragg, private individuals, or
any person or entity to whom the rights under this Declaration are expressly transferred by the
Grantor.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 2
3.14 Limited Assessment. Limited Assessment means an assessment levied against
an Owner by the Association for costs and expenses incurred by the Association for the
construction, installation, maintenance, repair and replacement of Common Area, and equipment
and facilities located thereon, including any corrective action necessitated due to damage by the
acts of any Owner or occupant of a Unit who is occupying a Unit with the consent, either express
or implied, of such Owner, as more particularly described in Section 9.8 herein.
3.15 Limited Common Area. Limited Common Area means those portions of the
Common Area designated for the exclusive use of an Owner or Owners to the exclusion,
limitation or restriction of other Owners. Limited Common Area may be established from time
to time by Grantor or the Association on any portion of the Property by describing such area on a
recorded plat, by granting or reserving it in a deed or other instrument, or by designating it as
such in this Declaration. Limited Common Area shall include, without limitation, sidewalks
associated with a unit and stairways and stairwells associated with entry to each unit. For
purposes of applying this Declaration to the Property, the term Common Area as used in this
Declaration shall include Limited Common Area.
3.16 Management Agreement. Management Agreement means any agreement or
amendments thereto entered into by the Association, which provides for the management,
maintenance and operation of the Project, including, without limitation, the Common Area, by a
management individual or entity.
3.17 Management Company. Management Company means the person or entity
hired by the Association to manage the Project, as defined in the Management Agreement, and
acting as the Management Body, as such power is delegated pursuant to Section 8.4.1.4.
3.18 Member. Member means each person or entity holding a membership in the
Association.
3.19 Mortgage. Mortgage means any mortgage, deed of trust or other security
instrument by which a Condominium or any part thereof is encumbered.
3.20 Mortgagee. Mortgagee means any person or any successor to the interest of such
person named as the mortgagee, trust beneficiary, or creditor under any Mortgage under which
the interest of any Owner, or successor to the interest of such Owner, is encumbered.
3.21 Owner. Owner means any person or entity, including Grantors, at any time
owning a Condominium. The term "Owner" shall not refer to any Mortgagee, as herein defined,
unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of
foreclosure.
3.22 [Intentionally Omitted]
3.23 [Intentionally Omitted]
3.24 Plat. Plat means the Plat of Everett Place Condominiums recorded
in Book of Plats at Page , Instrument
No. , official records of Madison County, Idaho, which is the
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 3
condominium map as required by the Condominium Act, a copy of which is attached hereto as
Exhibit 2.
3.25 Project. Project means that certain residential condominium development, as
shown on the Plat, commonly known as "The Everett Place Condominiums" which shall include,
but shall not be limited to residential and parking uses, in accordance with the Plat, the
Declaration and the existing development approvals obtained from the City of Rexburg, all of
which is located on the Property.
3.26 Regular Assessment. Regular Assessment means an assessment by the
Association to provide for the payment of all estimated expenses or reserves growing out of or
connected with the Project as a whole, as more particularly described in Section 9.6 herein.
3.27 Special Assessment. Special Assessment means an assessment by the
Association for the purpose of defraying, in whole or in part, the costs of any new acquisitions
and/or new capital improvement, construction or reconstruction or unexpected or extraordinary
repair, maintenance or replacement of the Project or any part thereof, including, without
limitation, snow and ice removal, or for any expense incurred or to be incurred as provided in
this Declaration, or in the event that the Assessment assessed for any particular year is or will
become inadequate to meet the expenses of the Association, such assessment being authorized
pursuant to the terms and conditions provided herein, as more particularly described in
Section 9.7 herein.
3.28 [Intentionally Omitted]
3.29 Unit. Unit means the separate interest in a Condominium as depicted on the Plat
and which is bounded by the interior surfaces of the perimeter walls, floors, ceilings, windows,
skylights, if any, together will all fixtures and improvements therein contained, including,
without limitation, all pipes, wires, conduits and other utility lines and heating, ventilation and
air conditioning systems serving the particular Unit and including both the portions of the
Building so described and the airspace so encompassed. The following are not part of the Unit:
bearing walls, columns, floors, roofs (except for the interior surface thereof, if a perimeter wall,
floor or ceiling), foundations, elevator equipment and shafts, central heating serving more than
one Unit, reservoirs, tanks, pumps, and other central services, pipes, ducts, flues, chutes,
conduits, wires and other utility installations (other than those specified above), wherever
located, except the outlets thereof when located within the Unit. The interior surfaces of a
perimeter window, skylight or door means the points at which such surfaces are located when
such window, skylight or door is closed. The physical windows, skylights or doors themselves
are part of the Limited Common Area as defined herein.
SECTION 4 - NATURE AND INCIDENTS OF CONDOMINIUM OWNERSHIP
4.1 Estates of an Owner of a Condominium. The Property is hereby divided into
Condominiums, each consisting of a separate interest in a Unit and an undivided interest in
common in the Common Area. The percentage of ownership interest in the Common Area
which is to be allocated to each Condominium as a whole for purposes of Assessments, tax
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 4
assessment under Section 55 -1514 of the Condominium Act and liability as provided by
Section 55 -1515 of the Condominium Act, is set forth on the attached Exhibit 4.
4.2 Title. Title to a Condominium may be held or owned by any individual or entity
and in any manner in which title to any other real property may be held or owned in the State of
Idaho.
4.3 Inseparability. No part of a Condominium or of the legal rights comprising
ownership of a Condominium, including any Limited Common Area associated with the
Condominium, may be separated from any other part thereof during the period of Condominium
ownership prescribed herein, so that each Unit and the undivided interest in the Common Area
appurtenant to such Unit shall always be conveyed, devised, encumbered, transferred and
otherwise affected only as a complete Condominium. Every gift, devise, bequest, transfer,
encumbrance, conveyance, or other disposition of a Condominium or any part thereof shall be
presumed to be a gift, devise, bequest, transfer, encumbrance or conveyance, respectively, of the
entire Condominium together with all appurtenant rights, created by law or this Declaration.
4.4 Partition of Common Area Not Permitted. The Common Area shall be owned
in common by all of the Owners of Units, and no Owner may bring any action for partition
thereof.
4.5 Taxes and Assessments. Each Owner shall execute such instrument and take
such actions as may reasonably be specified by the Association to obtain separate real property
tax assessments of the interest of each Owner in each Condominium. If any taxes or special
district or other assessments may, in the opinion of the Association, nevertheless, be a lien on the
Property or any part thereof, the Association shall pay the same and assess the same to the
responsible Owner or Owners. Each Owner shall pay the taxes and assessments assessed against
such Owner's Condominium, or interest therein, and such Owner's interest in the Common Area,
or any part of any or all of the foregoing. The Association reserves the right to protest any tax
valuation or assessment by any government agency and to pay for any costs associated with such
protests. Each Owner agrees to reimburse the Association for any costs associated with such
protests as related to that Owner's Unit.
4.6 Owner's Rights with Respect to Interiors. Each Owner shall have the
exclusive right to maintain, finish, refinish and decorate the interior surfaces of the walls,
ceilings, floors, windows and doors forming and within the interior boundaries of his Unit,
including but not limited to the installation of carpet or other floor coverings and paint or
wallpaper, subject to the reasonable rules and regulations adopted by the Association and, with
respect to window treatments, Section 7.14 of this Declaration and amended or repealed from
time to time, and provided that no action described herein shall require access through another
Unit to be completed.
SECTION 5 - EASEMENTS
5.1 Easements for Encroachments. If any part of the Common Area encroaches or
shall hereafter encroach upon a Unit or Units, an easement for such encroachment and for the
maintenance of the same shall and does exist. If any part of a Unit encroaches or shall hereafter
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 5
encroach upon the Common Area, or upon an adjoining Unit or Units, an easement for such
encroachment and for the maintenance of the same shall and does exist. Such encroachments
shall not be considered encumbrances on the Common Area or the Units. Encroachments
referred to herein include, but are not limited to encroachments caused by settling, rising or
shifting of the earth under a Building, or by changes in position caused by repair or
reconstruction of a Building or any part thereof.
5.2 Easements of Access for Repair, Maintenance and Emergencies. The Owners
shall have the irrevocable right, to be exercised by the Association, as their agent, to have access
to each Unit and to all Common Area from time to time during such reasonable hours as may be
necessary for the maintenance, repair or replacement of any of the Common Area located therein
or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to
the Common Area or to another Unit or Units or to correct a violation of any restriction set forth
in this Declaration when, after reasonable efforts by the Association, the Owner fails to do so.
The Association shall also have such right independent of any agency relationship. Damage to
the interior of any part of a Unit or Units resulting from the maintenance, repair, emergency
repair or replacement of any of the Common Area or as a result of emergency repairs within
another Unit at the instance of the Association or of Owners shall be an expense of all of the
Owners; provided, however, that if such damage is the result of the negligence of an Owner or
such Owner's invitees, licensees or lessees of a Unit, then such Owner shall be financially
responsible for all of such damage. Such damage shall be repaired and the Unit shall be restored
substantially to the same condition as existed prior to damage. Amounts owing by Owners
pursuant hereto shall be collected by the Association as an Assessment pursuant to Section 9
herein.
5.3 Owner's Right to Ingress, Egress and Support. Each Owner shall have the
right to ingress and egress over, upon and across the Common Area necessary for access to the
Owner's Condominium, and shall have the right to the horizontal and lateral support of such
Owner's Condominium, and such rights shall be appurtenant to and pass with the title to each
Condominium. In exercising the rights granted in this Section, each Owner agrees to use
commercially reasonable efforts to avoid interference with the access to other Condominiums.
5.4 Association's Right to Use of Common Area. The Association shall have a
nonexclusive easement to make such use of the Common Area as may be necessary or
appropriate to perform the duties and functions which it is obligated or permitted to perform
pursuant to this Declaration, including the right to grant access easements, utility easements, alter
the Common Areas, and construct and maintain maintenance and storage facilities in the
Common Area for use by the Association.
5.5 Grantor's Right Incident to Construction. Grantor and persons it shall select
shall have the express and unconditional right to ingress and egress over, upon and across the
Project, including the Common Area, the right to store materials thereon and to make other use
thereof as may be reasonably necessary or incident to completion of development and
construction of the Buildings and Units shown on the Plat and the completion of all Units for use
and occupancy; provided, however, neither Grantor nor any Owner shall construct any additional
separate principal buildings on the Property without the express written consent of the City of
Rexburg.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 6
5.6 Easements Deemed Created. All conveyances of Condominiums hereafter
made, whether by the Grantor or otherwise, shall be construed to grant and reserve such
reciprocal easements as shall give effect to Sections 5.1, 5.2, 5.3, 5.4, and 5.5 above, even though
no specific reference to such easements or to those Sections appear in any such conveyance.
5.7 Emergency Easement. A general easement is hereby granted to all police,
sheriff, fire protection, ambulance, and all other similar emergency agencies or persons to enter
upon all streets and property within the Project in the proper performance of their duties. The
easement granted herein is recognized to be a condition of platting the Property imposed by the
City of Rexburg. Such easement shall not be dissolved or altered in any material way which
would prevent its beneficial use for its intended purpose without the written consent of the City
of Rexburg.
5.8 Recorded Easements. The Property, and all portions thereof, shall be subject to
all easements shown on any recorded Plat affecting the Property, or any portion thereof, and to
any other easements of record or of use, including, without limitation, any storm drainage
easements, street light easements, sanitary sewer easements, sidewalks, or any other public utility
easement shown on the Plat.
SECTION 6 - DESCRIPTION OF A CONDOMINIUM
Every contract for the sale of a Condominium and every other instrument affecting title to
such Condominium shall describe that Condominium by the Unit number shown on the Plat as
set forth on Exhibit 2, with appropriate reference to the Plat and to this Declaration as such
appear in the official records of Rexburg County, Idaho, in the following manner:
Condominium Unit 1, as shown on the Plat of the Everett Place Condominiums filed
, 2007 in Book of Plats at Page , as Instrument No.
, official records of Madison County, Idaho, as said plat may be amended or
supplemented from time to time, and as defined in the Condominium Declaration for the Everett
Place Condominiums, recorded as Instrument No. , official records of
Madison County, Idaho, as said declaration may be amended or supplemented from time to time.
Any Condominium deed may include a designation of Limited Common Area associated
with the Unit. Such description shall be construed to describe the Unit, together with an
appurtenant undivided ownership interest as tenants -in- common in the Common Area, and to
incorporate all the rights incident to ownership of a Condominium and all the limitations on such
ownership as described in the Condominium Documents or any amendments or supplements
thereto, whether or not so specified in the instrument.
SECTION 7 - USE OF CONDOMINIUMS
7.1 Obstructions of Common Area. There shall be no obstruction of the Common
Area, nor shall anything be stored on any part of the Common Area without the prior written
consent of the Association. Nothing shall be altered on, planted in, constructed on, or removed
from the Common Area except upon the prior written consent of the Association.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 7
7.2 Maintenance of Interiors and Limited Common Area. Each Owner shall keep
the interior of such Owner's Unit, including, without limitation, interior walls, windows, glass,
ceilings, floors and permanent fixtures and appurtenances thereto, in a clean, sanitary, and
attractive condition, and good state of repair and shall keep the heating and air conditioning
equipment, water heater and related devices exclusively serving the Owner's Unit in a good state
of maintenance. Further, each Owner agrees that such Owner's Unit will be used exclusively for
single - family residential purposes and home office use solely by persons residing in that Unit.
Each Owner shall keep the Limited Common Area, designated for the exclusive use of such
Owner in connection with the Unit in a clean, sanitary and attractive condition. Each Owner
shall notify the Association of any unsafe condition existing in, on or around the Limited
Common Area. In addition, nothing unsightly, in the reasonable discretion of the Board, shall be
kept on the Patio /Deck Space. Each Owner shall notify the Association of any unsafe condition
existing in, on or around the Limited Common Area, as identified on the Plat.
7.3 Prohibition of Damage and Certain Activities. Nothing shall be done or kept in
any Unit or in the Common Area or any part thereof which would result in the cancellation of or
increase in the rate of the insurance on the Project or any part thereof over what the Association,
but for such activity, would pay, without the prior written consent of the Association or which
would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed
requirement of any governmental body. No damage to, or waste of, the Common Area or any
part thereof shall be committed by any Owner, licensee, guest, or other occupant, or any invitee
of any Owner, and each Owner shall indemnify and hold the Association and the other Owners
harmless against all loss resulting from any such damage or waste caused by Owner, Owner's
invitees, licensees, or guests, provided, however, that any invitee, licensee or guest of an Owner
shall not under any circumstances be deemed to be an invitee of any other Owner. No noxious,
destructive or offensive activity shall be carried on in any Unit or in the Common Area or any
part thereof and nothing shall be done therein which may be or may become an annoyance or
nuisance to any other Owner or to any person at any time lawfully residing or working in a Unit.
Without limiting the generality of any of the foregoing, no whistles, bells or other sound devices
(other than security devices which have been approved by the Board), flashing lights or search
lights, shall be located, used or placed on the Common Area or in a Unit, if such placement of
such item in a Unit will unreasonably bother or constitute a nuisance to others. No unsightly
articles shall be permitted to remain on any portion of the Property so as to be visible from any
other portion of the Project, including, but not limited to, flags and political signs, except during
Nationally recognized Holidays. Without limiting the generality of the foregoing, refuse,
garbage, trash, equipment, gas canisters, propane gas tanks, barbecue equipment, heat pumps,
compressors, containers, lumber, firewood, grass, shrub or tree clippings, plant waste, metals,
bulk material, and scrap shall be kept at all times in such containers (or otherwise screened) and
in areas approved by the Board. No clothing or fabric shall be hung, dried or aired in a manner
inconsistent with the Association Rules.
7.3.1 Owners agrees that they will not use or suffer or permit any person or
persons to use the Units or any part thereof for any use or purpose in violation of the laws of the
United States of America, the State of Idaho, Madison County, Idaho or the city of Rexburg,
Idaho, or the ordinances, regulations and requirements of such governmental (public or quasi -
public entities) or other lawful authorities.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 8
7.3.2 Owners shall not do or permit anything to be done in or about the
Buildings nor bring or keep anything therein which will in any way increase the existing rate or
affect any fire or other insurance upon the Buildings or any of their contents (unless the
Association has consented in writing to such use and such Owner pays any increased premium as
a result of such use or acts), or cause a cancellation of any insurance policy covering the
Buildings or Condominiums, or any of its contents, nor shall Owners sell or permit to be kept,
used or sold in or about said Buildings any articles which may be prohibited by an extended
coverage policy of fire and other casualty insurance.
7.3.3 Owner shall not do or permit anything to be done in or about the Unit or
Common Area which will in any way obstruct or interfere with the rights of other Owners or
occupants in the Buildings, create undue noise and disruption, or injure or annoy them or use or
allow the Unit to be used for unlawful or any objectionable purpose, nor shall Owner cause,
maintain or permit any nuisance in, or about the Buildings.
7.3.4 Owners shall not be entitled to rent and/or lease their Units without the
prior written approval of the Association. All lease or rental agreements must be in writing and a
copy of such shall be delivered to the Association for inclusion in its books and records.
7.4 No Hazardous Activities. No activities shall be conducted on the Property,
which are or might be unsafe or hazardous to any person or property, including any open fires
(except in a contained barbecue unit or city approved gas fire place or fire pit) and /or the
discharge of firearms.
7.5 Vehicles and Equipment. The use of all vehicles and equipment, including,
without limitation, trucks, automobiles, bicycles, motorcycles, recreational vehicles, all- terrain
vehicles, motor homes, motor coaches, campers, trailers, snowmobiles, aircraft, boats, snow
removal equipment, garden maintenance equipment, and yard maintenance equipment shall be
subject to any portion of the Condominium Documents which prohibit or limit the use thereof
within the Property. Without limiting the foregoing, the following specific restrictions apply:
1) all on- street parking shall be limited to those specific areas where on -street parking is not
expressly prohibited; 2) vehicles shall not extend or otherwise be permitted on or into any
sidewalk, bicycle path, or pedestrian path, unless such vehicle is engaged in an emergency
procedure, or as provided elsewhere in the Condominium Documents; 3) no motor homes, motor
coaches, campers, trailers, snowmobiles, aircraft, boats, recreational vehicles, all- terrain
vehicles, flat bed trucks or trailers, unlicensed, dilapidated or unrepaired and unsightly vehicles
or similar equipment such as snow removal equipment, construction equipment (except for short-
term construction purposes), garden or lawn care maintenance equipment and all other unsightly
equipment and machinery shall be placed upon any portion of the Property including, without
limitation, streets, interior or exterior parking areas and driveways, unless the same are enclosed
by a structure concealing them from view in a manner approved by the Board (provided,
however, that mobile homes, motor homes, motor coaches and trailers may be parked for a
limited period in accordance with such rules and regulations as the Association may impose,
provided (a) the vehicle is owned by a visiting guest or relative of an Owner, (b) the Owner
obtains the prior written approval of the Association and (c) such vehicle is not occupied during
the time in which it is parked). Notwithstanding the foregoing, nothing herein shall be intended
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 9
to limit the right of the Owners or their guest(s) to temporarily park any passenger vehicle in
such driveway access to each Unit in the ordinary course.
7.6 Parking. The Association may allocate or designate parking areas or spaces from
time to time as authorized in 8.4.1.3 of this Declaration, and develop any and all necessary
regulations for the use of the Owners or their guests.
7.7 Animals /Pets. No domesticated dogs, domesticated cats or other household pets
exceeding one hundred (100) pounds may be permitted to raised, bred or kept in or about any
Unit or Common Area, unless expressly authorized by the Board. No Owner shall permit any
pet to be a nuisance, which includes but is not limited to excessive barking, biting, growling,
odor, or defecation/urination. The Board, for each specific allegation of a violation of this
section shall determine whether the animal /pet is a nuisance due to excessive barking, biting,
growling, odor, or defecation/urination. An Owner shall immediately remove such Owner's pet's
excrement from public or private property including the Common Area. This size restriction
shall not apply to any assistance animals, including, but not limited to, guide animals. Each
Owner owning an approved pet agrees to execute a pet agreement, which may be developed and
amended by the Association, which shall include a limitation on the number of animals one
Owner may have residing in that Owner's Unit. The Association expressly reserves the right to
require any Owner to immediately remove any animal exhibiting signs of aggressive behavior,
including, without limitation, biting, growling, and lunging toward any other Owner, guest,
invitee or licensee of an Owner. The Board shall determine whether the animal /pet, for each
specific allegation of a violation of this section, exhibits signs of aggressive behavior as defined
above.
Notwithstanding the foregoing, this Section is not intended to prohibit the keeping of
domesticated dogs, domesticated cats, and other household pets which do not unreasonably
bother or constitute a nuisance to others as determined by the Board, in its reasonable judgment,
and are kept in compliance with the laws and ordinances of the City of Rexburg. Without
limiting the generality of the foregoing, consistent and/or chronic barking by dogs shall be
considered a nuisance. Additionally, without limiting the generality of the foregoing,
domesticated dogs, domesticated cats and other household pets discovered in the Limited
Common Area of an Owner, without that Owner's permission or direct supervision by the
Owner, shall be considered a nuisance. Each dog in the Project shall be subject to all "leash
laws" of the City of Rexburg when such animal is off the premises of its owner.
7.8 No Temporary Structures. No house trailer, tent (other than for short term
recreational use), or other temporary building or structure shall be placed upon any portion of the
Property, except by the Grantor during any construction on the Project.
7.9 Energy Devices. No energy production devices, including, without limitation,
generators of any kind and solar energy devices, shall be constructed or maintained on in any
portion of the Common Area without the written approval of the Board. In the event that the
addition or use of such a device is approved by the Board, it must be screened in the manner
approved by the Board.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS -10
7.10 Over the Air Reception Devices. All Owners who desire to use any device or
antenna to receive over the air transmissions shall be required to use one common antenna which
may be located on the Building in which such Owner's Unit is located in the discretion of the
Grantor and shall be subject to any other reasonable restrictions established by the Board.
Notwithstanding the foregoing, no portion of this restriction shall apply to the extent it conflict
with any federal or state law governing such devices.
Notwithstanding the foregoing, subject to the approval of the Board and in accordance
with all rules of the Association, Owners shall be permitted to install small satellite dishes within
the service well located on the roof of the Building in which the Owner's Unit is located, as the
same is determined by the Board, on the roof of the appropriate Building for cable services using
the electrical conduit system located in the core of the Building, if and only if, the service
provided by the common antennae or other television services is not adequate to meet the
Owner's needs.
7.11 Signs. No signs of any kind, including, without limitation, "for sale" and "open
house" signs or political or commercial signs, shall be displayed on or from any portion of the
Property except as required by law.
7.12 Rules and Regulations. No Owner, lessee, occupant or invitee shall violate the
Association Rules as defined in Section 8.4.1.5.
7.13 Limited Common Areas. Each Owner of a Unit is hereby granted the exclusive
use of the Limited Common Area contiguous to and associated with said Unit. No Owner shall,
or shall permit anyone else to, paint, stain, repair, replace, add to or otherwise alter any Limited
Common Area without the written consent of the Board. Additionally, nothing shall be stored in
or placed on any Limited Common Area except upon the written consent of the Board. Further,
except for the Units shown on the Plat, no Owner shall construct a building in the Project for
residential purposes or otherwise without the prior written approval of the City of Rexburg and
the Association.
All maintenance and repair in the Limited Common Area shall be conducted through the
Association. The Owner shall be responsible for all costs associated with such maintenance and
repair, including a reasonable supervisory fee.
7.14 Window Treatments. All window treatments which are visible from the exterior
of the Unit shall not cause the exterior of any Building to be unsightly, which shall be
determined in the sole discretion of the Board. All windows treatments shall be in compliance
with and subject to Association Rules, as amended from time to time.
7.15 Structural Alterations. No Owner shall make any alterations to any Unit that
would cause structural weakness or damage, and no architectural changes, plumbing, electrical
or similar work within the Common Area shall be performed without the prior written consent of
the Board. All such approved work shall comply with all applicable law.
7.16 Sewer System Restrictions. No Owner or other Person shall deposit any glass,
metal, seafood shells, diapers, clothing, rags, plastic, sanitary napkins, tampons, flammable
material, oil, gas, grease, chemicals or other objects or materials other than natural human waste
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS -11
into the sewer system either directly or through an Owner's kitchen waste disposal unit. The
cost of any and all damage sustained by the sewer system caused by an Owner's deposit in the
sewer system of any of the items listed above shall be the sole responsibility of said Owner.
7.17 [Intentionally Omitted]
7.18 Deed Restrictions. No Owner may divide or adjust such Owner's Unit without
the prior written approval of the Association and the City of Rexburg.
7.19 Right to Enjoy and Use Units. Each Owner shall be entitled to use and enjoy
his/her Unit for its intended purpose and nothing herein is intended to impose or grant the
authority to impose any restrictions, limitations or prohibitions which would deprive an Owner
of the reasonable use and enjoyment of his/her Unit. Notwithstanding the foregoing, no Owner
shall be entitled to use his /her Unit for any uses not allowed under the Rexburg Municipal Code
or otherwise limited by this Declaration or any other Condominium Documents.
SECTION 8 - THE EVERETT PLACE CONDOMINIUMS OWNERS' ASSOCIATION
8.1 Creation. This Declaration designates and creates the Association as a non -profit
corporation under the laws of the State of Idaho. The Association shall be, organized by the
Grantor and operated by the Association to carry out and enforce the Restrictions set forth in this
Declaration with respect to the Project and to serve as the Management Body for the Project.
8.1.1 Membership. Every Owner shall be entitled and required to be a member
of the Association. Each Unit in the Buildings shall be entitled to one (1) membership in the
Association, as defined in Section 8.2 below. No person or entity other than an Owner may be a
Member of the Association, and the Articles and /or Bylaws of the Association shall so state and
shall in addition state that the memberships in the Association may not be transferred except in
connection with the transfer of a Condominium or portion thereof. Provided, however, that the
rights of membership may be assigned to a Mortgagee as further security for a loan secured by a
lien on a Condominium or to any person or organization that has assumed by contract, or
otherwise, liability for paying assessments of any Owner.
Pursuant to the terms and time limits set forth in Section 8.2, there shall be initially two
(2) classes of membership. All Owners, including the Grantors, shall be deemed Class A
members and the Grantors shall be deemed Class B members, and each shall have those rights
set forth in Section 8.2.
8.2 Voting Rights in the Association. Each Owner of a Unit shall be entitled to the
number of votes allocated to each Owner's Unit, as identified on Exhibit 4, representing that
Owner's percentage ownership interest in the Common Area and each owner shall be a Class A
member. When more than one (1) person holds such interest in any Condominium, all such
persons shall be Members, but all such persons deemed Class A members shall only be entitled
to the number of votes established for such Unit.
Except as otherwise provided herein, all matters submitted to a vote of the Association
shall be determined, made, or approved or authorized upon a majority (51% or more) vote, i.e.
the votes in favor exceed those opposed.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS -12
Notwithstanding anything in this Declaration to the contrary, the Grantor, as the Class B
member, for a period of three (3) years following the recordation of the first deed to a
Condominium, shall have the exclusive right, power and authority to appoint and elect the Board
and otherwise manage the affairs of the Project so long as the Grantor owns a Unit in the Project.
The Class B member shall cease to be a voting Member of the Association at the earlier of
(i) three (3) years after the recordation of the first deed to a Condominium; or (ii) four (4) months
after the sale of one hundred percent (100 %) of the total Units. Until such time Grantor is no
longer a Class B member, Class A members shall not be entitled to any voting rights set forth in
this Section 8.2.
8.3 Transfer. Except as otherwise expressly stated herein, any of the rights, interests
and obligations of the Association set forth herein or reserved herein may be transferred or
assigned to any other person or entity; provided, however, that no such transfer or assignment
shall relieve the Association of any of the obligations set forth herein and no such transfer or
assignment shall revoke or change any of the rights or obligations of any Owners as set forth
herein.
8.4 Powers and Duties of the Association.
8.4.1 Powers. The Association shall have all the powers of a non - profit
corporation organized under the general non - profit corporation laws of the State of Idaho subject
only to such limitations upon the exercise of such powers as are expressly set forth in the
Condominium Documents as the same may be amended from time to time, and is hereby
designated the "Management Body" of the Project as provided in the Condominium Act. The
Association, functioning through the Board, shall have the power to do any and all lawful things
which may be authorized, required or permitted to be done by the Association under the
Condominium Documents and necessary or proper for, or incidental to the proper management,
operation and administration of the Project, including, without limitation:
8.4.1.1 Assessments. The power to levy Assessments on the Owners
of Condominiums and to force payment of such Assessments.
8.4.1.2 Right of Enforcement. The power and authority from time to
time in its own name, on its own behalf or on behalf of any Owner or Owners who consent
thereto, to commence and maintain actions and suits to restrain and enjoin any breach or
threatened breach of the Condominium Documents, including the Association Rules as defined
herein and adopted pursuant to this Declaration, and to enforce by mandatory injunction or
otherwise, all provisions hereof.
8.4.1.3 Parking. The power and authority from time to time to re-
assign and relocate any parking areas or identify or restrict any on- street parking, if necessary to
comply with applicable laws, regulations or ordinances.
8.4.1.4 Delegation of Powers. The authority to delegate its power and
duties to committees, officers, employees, or to any person, firm or corporation to act as the
Management Body as defined in the Condominium Act, and specifically the authority to delegate
its powers and duties to a management firm pursuant to a management agreement; provided,
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS -13
however, that any delegation of the Association's powers and duties may be revoked upon thirty
(30) days written notice to such management firm. Neither the Association nor the members of
the Board shall be liable for any omission or improper exercise by any person or entity to whom
any such duty or power has been delegated. Any person or entity delegated any powers
authorizing it to act as the Management Company shall be required to carry all appropriate
insurance, including, but not limited to workers' compensation, liability insurance and bonds,
and such Management Company shall ensure that any other person or entity working on the
Project on the Management Company's behalf shall carry the same.
8.4.1.5 Association Rules. The power to adopt, amend and repeal by
majority vote of the Board such rules and regulations as the Board deems reasonable or proper
from time to time (the "Association Rules ") including fees and /or fines for violation of the
Condominium Documents and the Association Rules. The Association shall have the express
authority to make and enforce any rules, regulations, restrictions, protocols and procedures
regarding construction activities, use of the Limited Common Area, vehicles and equipment, the
leasing and renting of the Units, social events, animals and pets, moving hours and any other
events or items related to the Project or the use and enjoyment thereof. The Association shall
govern the use of the Units and Common Area by the Owners, their invitees, licensees, lessees,
occupants, and contract purchasers of Owners, it being understood that the Association Rules
shall apply equally to all Owners and shall not be inconsistent with the Condominium
Documents. A copy of the Association Rules as they may from time to time be adopted,
amended or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing
or delivery, said Association Rules shall have the same force and effect as if they were set forth
in and were part of this Declaration. In the event of any conflict between any such Association
Rules and any other provision of the Condominium Documents, the provisions of the
Association Rules shall be deemed to be superseded by the provisions of the Condominium
Documents to the extent of any such inconsistency. The Association Rules may from time to
time supplement and add to the Condominium Documents.
8.4.1.6 Emergency Powers. The power to enter upon any Unit as
necessary in connection with any maintenance or construction for which it is responsible, or
when necessitated by violation of this Declaration or Association Rules, or in the event of any
emergency involving illness or potential danger to life or property and may take corrective
action. Such entry shall be made with as little inconvenience to the Owners as practicable and
any damage caused thereby shall be repaired by the Association, except as otherwise provided
herein. .
8.4.1.7 Licenses, Easements and Rights -of -Way. The power to grant
and convey to any third party such licenses, easements and rights -of -way in, on or under the
Common Area as may be necessary or appropriate for the orderly maintenance, preservation and
enjoyment of the Project and for the preservation of health, safety, convenience and welfare of
all the Owners, for the purpose of constructing, erecting, operating or maintaining:
8.4.1.7.1 Underground lines, cable, wires, conduits or
other devices for the transmission of electricity for lighting, heating, power, telephone,
television, other utility services and above - ground lighting structures, meters and other facilities
associated with the provision of lighting and services.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS -14
8.4.1.7.2 Sewers, storm drains, water drains and pipes,
water systems, sprinkling systems, water, heating and gas lines or pipes; and
8.4.1.7.3 Cross parking easements, sidewalk abutments,
drive lanes, parking areas, curb cuts, landscaping abutting Common Areas, public and private
streets or land conveyed for any public or quasi - public purpose.
8.4.1.8 Miscellaneous Services. The power to obtain and pay for the
services of any person or entity to manage its affairs, or any part thereof, to the extent it deems
advisable, as well as such other personnel as the Association shall determine to be necessary or
desirable for the proper operation of the Project, whether such personnel are furnished or
employed directly by the Association or by any person or entity with whom or which it contracts.
The Association may arrange with others to furnish electrical, water, sewer, trash collection
services, and other common services to each Condominium (subject to reimbursement by the
respective Owner for such services as an Assessment), and may obtain and pay for legal and
accounting services necessary or desirable in connection with the operation of the Project or the
enforcement of this Declaration.
8.4.1.9 Property for Common Use. The power to acquire and hold
for the use and benefit of all of the Owners, or for the benefit of only those Owners within a
particular Condominium, tangible and intangible personal property and real property and may
dispose of the same by sale or otherwise, and the beneficial interest in any such property shall be
deemed to be owned by the Owners in the same proportion as their respective interest in the
Common Area. Such interest shall not be transferable except with the transfer of a
Condominium. Each Owner may use such property in accordance with the purpose for which it
is intended, without hindering or encroaching upon the lawful rights of other Owners.
8.4.1.10 Inspection. The power and authority to enter a Unit for the
purpose of conducting a regular maintenance inspection.
8.4.1.11 Implied Rights. Notwithstanding the foregoing, the
Association may exercise any other right or privilege given to it expressly by this Declaration or
by law, and every other right or privilege reasonable to be implied from the existence of any
right or privilege given to it herein or reasonably necessary to effectuate any such right or
privilege. Such rights shall include, without limitation, the right to acquire water meters for each
Unit.
8.4.1.12 Public Right of Ways. The power and authority to maintain
all areas associated with the Project that may in the public right of way and to charge any
assessments, as deemed necessary in the Association's sole discretion, to pay for all costs
associated with this maintenance.
8.4.1.13 Litigation. The power and authority to file lawsuits or
institute other legal proceedings on behalf of and for the benefit of the Association, as a whole,
upon obtaining the approval of fifty -one percent (51 %) or more of the Members.
8.4.2 Duties of the Association. In addition to the power delegated to it by the
Condominium Documents, the Association or its agents shall have the obligation to conduct all
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS -15
business affairs of the Association and to perform, without limitation, each of the following
duties:
8.4.2.1 Operation and Maintenance of Common Area. Operate,
maintain and otherwise manage or provide for the operation, maintenance and management of
the Common Area and all improvements thereon, including parking areas, drive lanes, common
seepage beds, storm sewers or related storm drainage facilities and the exteriors of Buildings as
described in Section 8.4.2.5 below and including the repair and replacement of property damaged
or destroyed by casualty loss and all other property acquired by the Association, and maintaining
the same in a good, clean, attractive and sanitary condition, order and repair.
8.4.2.2 Taxes and Assessments. Pay all real and personal property
taxes and assessments separately levied against the Common Area, if any, owned and managed
by the Association or against the Association and any property owned by the Association and all
such taxes shall be paid or a bond insuring payment posted prior to the sale or the disposition of
any property to satisfy the payment of such taxes. In addition, the Association shall pay all other
taxes, federal, state or local, including income or corporate taxes levied against the Association
in the event that the Association is denied the status of a tax exempt corporation.
8.4.2.3 Water and Other Utilities. Acquire, provide and /or pay for
water, pressurized irrigation system water and maintenance, storm drainage system maintenance,
sewer, garbage, disposal, refuse and rubbish collection and other necessary services for the
Common Area and Units.
8.4.2.4 Insurance. Obtain, from reputable insurance companies
authorized to do business in the State of Idaho, and maintain in effect the policies of insurance
described in Section 13 hereof.
8.4.2.5 Maintenance of Exteriors and Improvements. Maintain and
repair the exterior surfaces of the Buildings and improvements in the Project. The exterior
maintenance shall include: painting, staining, repairing, restaining, replacing and caring for all
exterior surfaces including roofs and exterior portions of doors as necessary to maintain them in
good condition.
8.4.2.6 Inspection and Maintenance Guidelines. The Board shall
adopt inspection and maintenance guidelines for the periodic inspection and maintenance of the
Common Area, including, without limitation, the sewer system and drainage facilities. The
Board periodically, and at least once every two (2) years, shall review and update the inspection
and maintenance guidelines. The Board shall take all appropriate steps to implement and comply
with the inspection and maintenance guidelines, and shall keep records of such implementation
and compliance.
8.4.2.7 Drainage Facilities. Operate and maintain all storm drainage
systems and restricted Buildings area. Notwithstanding anything to the contrary, no buildings or
other similar improvements shall be constructed within the storm drainage and restricted
Buildings area that would materially interfere with the Property's drainage system.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS -16
8.4.2.8 Operation and Maintenance of Sidewalks and
Landscaping. The Board shall operate, maintain and otherwise manage or provide for the
operation, maintenance and management of the sidewalks, including, without limitation, snow
removal, and landscaping located within the Project or located in the public right of way,
adjacent to the Project.
8.5 Maintenance of Records and Right of Inspection. The Association shall keep
and maintain at its principal place of business, current copies of the Condominium Documents,
any rules and regulations applicable to the Property and its books, records and financial
statements. The membership register, books of account and minutes of meetings of the Board
and committees of the Association shall be made available for inspection and copying by any
Owner or by such Owner's duly appointed representatives, at any reasonable time and for a
purpose reasonably related to such Owner's interest as an Owner at the office of the Association
or at such other place as the Board shall prescribe. No Owner or any other person shall copy the
membership register for the purposes of solicitation of or direct mailing to any Owner.
8.6 Amplification. The provisions of this Section are amplified by the Bylaws;
provided, however, that no present or future provision of such Bylaws shall substantially alter or
amend any of the rights or obligations of the Owners set forth herein.
8.7 Use of Association Powers. Notwithstanding the foregoing, the Association shall
not take any action that would impair an Owner's right to enjoy and use his/her Unit as set forth
herein, and, in particular in Section 7.19.
SECTION 9 - ASSESSMENTS
9.1 Covenant to Pay Assessments. By acceptance of a deed to any Condominium,
each Owner of such Condominium thereby covenants and agrees to pay when due all
Assessments or charges made by the Association against such Owner pursuant to the provisions
of this Section 9 and this Declaration. The due date, manner and method of payment shall be as
set forth in this Declaration or as established by the Board from time to time.
9.2 Initial Assessments. Owners acquiring their Condominiums from Grantor agree
to pay an initial Assessment and deposit reserves as part of any conveyance through deed or
other recorded instrument of a Condominium or portion of a Condominium, as provided for
herein, that shall be used to purchase personal property for the Building, including, but not
limited to seasonal decorations and furnishings for Common Area and to establish contingency
and replacement reserves.
9.3 Rate of Assessment. Except as otherwise provided herein, all Owners shall be
responsible for Regular Assessments and Special Assessments levied by the Association in
proportion to their percentage ownership interest in the Common Area, as set forth on Exhibit 4.
All Owners shall be responsible for Limited Assessments levied by the Association, as set forth
in Section 9.8.
9.4 Assessment Constitutes Lien. The Assessments and charges together with
interest, costs, including, but not limited to any fees incurred by the Management Company, and
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS -17
reasonable attorneys' fees, all which may be incurred in collecting the same, shall be a charge on
the Condominium against which each such Assessment or charge is made.
9.5 Assessment is Personal Obligation. Each of the Assessments, together with
interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the Owner
of such Unit at the time such Assessments become due. The personal obligation for delinquent
Assessments shall not pass to such Owner's successors in title unless expressly assumed by them
but shall remain such Owner's personal obligation regardless of whether he /she /it remains an
Owner. Notwithstanding the foregoing, a purchaser of a Condominium shall be jointly and
severally liable with the seller for all unpaid assessments against the Condominium up to the
time of grant or conveyance without prejudice to the purchaser's right to recover from the seller
the amount paid by the purchaser for such Assessments.
9.6 Regular Assessments.
9.6.1 Purpose of Regular Assessments. The proceeds from Regular
Assessments are to be used to pay for all costs and expenses incurred by the Association,
including legal and attorneys' fees and other professional fees, for the conduct of its affairs as
provided in Section 8, including without limitation the costs and expenses of construction,
improvement, protection, maintenance, repair, management and operation of the Common Area
or furnishing utility services, including water and sewer, and other common services to each Unit
(if separately metered), any deficit remaining from previous periods, a management contingency
reserve, and an amount allocated to an adequate reserve fund to be used for repairs, replacement,
maintenance and improvement of those elements of the Common Area, or other property of the
Association that must be replaced and maintained on a regular basis (collectively the
"Expenses "). Grantor and /or the Association reserves the right to separately meter utility
services provided to each Condominium, and in such event the Owner of the Condominium shall
be fully responsible for the costs of providing utilities for the Owner's individual use.
9.6.2 Computation of Regular Assessments. Unless otherwise determined by
the Board, the Association shall compute and forecast the amount of its Expenses and Regular
Assessments on an annual basis. The computation of Regular Assessments shall take place not
less than thirty (30) nor more than sixty (60) days before the beginning of each fiscal year of the
Association, unless a change in Members or the Management Company makes it impracticable
to compute the Regular Assessments in the time frame. In such event, the Owners shall be
immediately notified upon completion of such computation. Notwithstanding the foregoing, the
computation of Regular Assessments shall be completed in good faith and shall be valid upon
completion. The computation of the Regular Assessments for the period from the recordation of
this Declaration until the beginning of the next fiscal year shall be reduced by an amount which
fairly reflects the fact that such period was less than one year. The Board shall have the
exclusive right to approve any Assessment under this Section 9. Expenses and Regular
Assessments shall be levied by the Association against Owners in proportion to their percentage
ownerships in the Common Area as set forth on Exhibit 4.
9.7 Special Assessments. In the event that the Board shall determine that the Regular
Assessment for a given calendar year is or will be inadequate to meet the Expenses of the
Association for any reason, including, without limitation, costs of construction, reconstruction,
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS -18
unexpected repairs or replacement of improvements upon the Common Area, attorney fees
and/or litigation costs, other professional fees, or for any other reason, the Board shall determine
the approximate amount necessary to defray such Expenses and levy a Special Assessment. The
Board shall, in its discretion, determine the schedule under which such Special Assessment will
be paid.
9.8 Limited Assessments.
9.8.1 Corrective Actions. The Association may levy against any Owner a
Limited Assessment equal to the costs and expenses incurred by the Association, including legal
and management fees, for the construction, installation, inspection, operation, maintenance,
repair and replacement of the Common Area, equipment and facilities located thereon, including
any corrective action necessitated due to damage by the negligent acts of an Owner, or any
person or entity occupying a Condominium with the Owner's consent, either expressed or
implied, or for costs and expenses incurred in bringing the Owner's Condominium into
compliance with the provisions of the Condominium Documents.
9.8.2 Extraordinary Expenses. A Limited Assessment may also be levied
against any Owner or group of Owners whose Unit requires or consumes a material
disproportionate percentage of water, sewer, heating, ventilation, and air conditioning services
and charges or any other Expense. If such Limited Assessment shall affect more than one
Condominium, but not the entire Building in which the Unit is located, the Owners of the
effected Condominiums shall pay those costs associated solely with their Condominiums in
proportion to their percentage ownership, while all Owners shall share such costs associated with
the Common Area in proportion to their percentage ownership interest set forth on Exhibit 4, as
applicable.
9.9 Notice and Assessment Due Date. Unless the Board establishes a different
schedule for the payment of Regular Assessments, monthly installments of the Regular
Assessment shall become delinquent if not paid by the first (1st) day of the each month. If not
paid within five (5) days, a late fee equal to ten percent (10 %) of the Assessment shall be
charged to the Owner. Each Assessment, other than a Regular Assessment, shall be become
delinquent if not paid within ten (10) days of the date of notice thereof to the Owner. With each
delinquent payment, a single late charge up to ten percent (10 %) of the delinquent installment
shall be charged. In addition, each installment payment which is delinquent from more than
twenty (20) days may accrue interest at the lesser of (i) twelve percent (12 %) per annum or
(ii) the maximum rate allowed by the law of the State of Idaho calculated from the date of
delinquency to and including the date full payment is received by the Association. The
Association may bring an action against any delinquent Owner and may foreclose the lien
against such Owner's Condominium, as more fully provided herein. The Association expressly
reserves its rights to file any liens against such Owner pursuant to city, county and/or state law
for any payment not made by the fifteenth (15th) day of the month for Regular Assessments or
fifteen (15) days after notice of any other Assessment.
9.10 Estoppel Certificate. The Association, upon at least twenty (20) days prior
written request, shall execute, acknowledge and deliver to the party making such request, a
statement in writing stating whether or not, to the knowledge of the Association, a particular
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS -19
Owner is in default under the provisions of this Declaration, and further stating the dates to
which any Regular and Special Assessments have been paid by the Owner. Any such certificate
delivered pursuant to this Section may be relied upon by any prospective purchaser or mortgagee
of the Owner's Condominium. Reliance on such Certificate may not extend to any default as to
which the signor shall have had no actual knowledge. Owners agree to pay for all reasonable
costs associated with obtaining this estoppel certificate.
9.11 No Reserves Provided by Grantor. Owners acknowledge and agree that they
have been fully notified and informed that the Grantor did not or will not pay any part of or
contribute any initial assessments or deposit reserves for use in the Project.
9.12 Grantor's Assessment Obligations. For a period of two (2) years following the
recordation of the Plat, Grantor shall only be responsible for the lesser of (1) the shortfall of any
operating costs of the Project after the collection of all dues and assessments from the Owners,
excluding the Grantor or (2) those dues and assessments, less any assessed reserves for
replacement, assessed to those Units owned by the Grantor.
SECTION 10 - ENFORCEMENT OF ASSESSMENTS; LIENS
10.1 Right to Enforce. The Association has the right to collect and enforce its
Assessments, including any late charges and /or interest accrued thereon, pursuant to the
provisions hereof. Each Owner shall be deemed to covenant and agree to pay each and every
Assessment provided for in this Declaration, including any late charges and/or interest accrued
thereon, and agrees to the enforcement of all Assessments in the manner herein specified. In the
event an attorney or attorneys are employed for the collection of any Assessment, whether by
suit or otherwise, or to enforce compliance with or specific performance of the terms and
conditions of this Declaration, each Owner agrees to pay reasonable attorneys' fees and costs,
including the costs and expenses for any lien releases, in addition to any other relief or remedy
obtained against such Owner. The Board or its authorized representative may enforce the
obligations of the Owners to pay such Assessments by commencement and maintenance of a suit
at law or in equity, or the Board may exercise the power of foreclosure and sale pursuant to this
Section 10 to enforce the liens created pursuant to this Section 10. A suit to recover a money
judgment for an unpaid Assessment shall be maintainable without foreclosing or waiving the lien
hereinafter provided.
10.2 Assessment Liens.
10.2.1 Creation. There is hereby created a claim of lien with power of sale on
each and every Condominium to secure payment of any and all Assessments levied against such
Condominium pursuant to this Declaration together with interest thereon at the maximum rate
permitted by law and all costs of collection which may be paid or incurred by the Association
making the Assessment in connection therewith, including reasonable attorneys' fees. All sums
assessed in accordance with the provisions of this Declaration shall constitute a lien on such
respective Condominium upon recordation of a notice of assessment with the Ada County
Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to
the recordation of the notice of assessment except for tax liens for real property taxes on any
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 20
Condominium and any assessment on any Condominium in favor of any municipal or other
governmental assessing body which, by law, would be superior thereto.
10.2.2 Notice of Assessment. Upon default of any Owner in the payment of any
Assessments issued hereunder, the Association may cause to be recorded in the office of the
Madison County Recorder a notice of assessment. The notice shall state the amount of such
Assessment and other authorized charges (including the cost of recording such notice), a
sufficient description of the Condominium against which the same have been assessed, and the
name of the record Owner thereof. Each assessment shall constitute a separate basis for a notice
of assessment, but any number of assessments may be included within a single notice. Upon
payment to the Association of such assessment and charges in connection therewith or other
satisfaction thereof, the Association shall cause to be recorded a further notice stating the
satisfaction and the release of the lien thereof. The Association may demand and receive the cost
of preparing and recording such release before recording the same.
10.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in
court or by sale by the Association, its attorney or other person authorized to make the sale.
Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to
the exercise of powers of sale in deeds of trust or any other manner permitted by law. The Board
is hereby authorized to appoint its attorney, any officer or director of the Association, or any title
company authorized to do business in Idaho as trustee for the purpose of conducting such power
of sale or foreclosure.
10.4 Required Notice. No action may be brought to foreclose the lien created by
recordation of the notice of assessment, whether judicially, by power of sale or otherwise, until
the expiration of thirty (30) days after a copy of such notice of assessment has been deposited in
the United States mail, certified or registered, postage prepaid, to the Owner described in such
notice of assessment, and to the person in possession of such Condominium(s) and a copy
thereof is recorded by the Association in the Madison County Recorder's Office.
10.5 No Subordination. The lien for the Assessments provided for herein in
connection with a given Condominium shall not be subordinate to the lien of any Mortgage filed
and recorded after the date of such Assessment. Notwithstanding the foregoing, all delinquent
Assessments shall be subordinate to any mortgage recorded with in the real property records of
Madison County, Idaho prior to the date of the Assessment. The sale or transfer of any
Condominium shall affect neither the Assessments lien provided for herein, nor the creation
thereof by the recordation of a notice of assessment, on account of the Assessments becoming
due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer
diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided
for in this Declaration.
10.6 Rights of Mortgagees. Notwithstanding any other provision of this Declaration,
no amendment of this Declaration shall operate to defeat the rights of a Mortgagee under any
Mortgage encumbering a Condominium made in good faith and for value, and recorded prior to
the recordation of such amendment, provided that after the foreclosure of any such Mortgage,
such Condominium shall remain subject to this Declaration, as amended.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 21
In the event a Mortgagee obtains title to any Condominium by any method permitted
under law and /or pursuant to all remedies provided in this Declaration, and /or pursuant to any
provisions in the Mortgage, such Mortgagee will not be liable for any such Condominium's
unpaid dues or charges which accrue prior to the acquisition of title to such Condominium by
such Mortgagee. Further, upon obtaining title to any such Condominium, such Mortgagee shall
have the unrestricted right to exercise any vote as may be attributable to such Condominium in
any meeting of the Association or otherwise.
Any encumbrancer holding a lien on a Condominium may pay, but shall not be required
to pay, any amounts secured by the lien created pursuant to this Section, and upon such payment
such encumbrancer shall be subrogated to all rights of the Association with respect to such lien,
including priority.
A Mortgagee shall be responsible for all delinquencies associated with a mortgaged
Condominium after being notified of such delinquencies prior to the beginning of any
foreclosure proceedings on such Condominium. A Mortgagee shall be entitled to cure a default
in payment of Assessments by paying all past due Assessments which accrued no more than
sixty (60) days prior to the date that such Mortgagee was first notified by mail of such Owner's
failure to pay Assessments past due. In the event of a foreclosure on any first mortgage, the
Mortgagee thereof shall take the Condominium interest subject to all unpaid Assessments, except
to the extent such liability has been limited by exercise of the cure option set forth in herein.
SECTION 11- RIGHTS TO COMMON AREAS
11.1 Use of Common Area. Every Owner shall have a nonexclusive right and
easement to use the Common Area (exclusive of Limited Common Area) and an exclusive or
semi - exclusive right to use Limited Common Area designated for exclusive or semi - exclusive
use by the Owner, which shall be appurtenant to and shall pass with the title to every
Condominium, subject to the following provisions:
11.1.1 Assessments. The rights of the Association to levy Assessments as
provided herein and the payment by an Owner of all such Assessments;
11.1.2 Voting. The right of the Association to suspend the voting rights and
rights to use of or interest in Common Area by an Owner for any period during which any
Assessments or charges against such Owner's Condominium remains unpaid;
11.1.3 Dedication or Transfer. The right of the Association to dedicate or
transfer all or any part of Common Areas to any public agency, authority or utility for such
purposes and subject to such conditions as may be agreed to by the Members. No dedication or
transfer shall be effective unless an instrument verifying such dedication or transfer is executed
and recorded by the Association verifying that (i) Members representing fifty -one percent (51%)
or more of the total number of votes which may be cast by all of the Members, and (ii) fifty -one
percent (51 %) or more of all Mortgagees have approved such dedication or transfer; and
11.1.4 Association Rules. The right of the Association to establish and enforce
such Association Rules as the Association deems proper regarding the Project and use of
Common Area.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 22
11.2 Delegation of Right to Use. Any Owner may delegate in accordance with the
respective Condominium Documents, such Owner's reasonable right of enjoyment to the
Common Area to his or her licensees, invitees and lessees, or contract purchasers who reside in
such Condominium.
11.3 Damages. Each Owner shall be liable for expenses for corrective action
necessitated by violation of this Declaration or Association Rules or for any damage to such
Common Area which may be sustained by reason of his or her guests, invitees or licensees. In
the case of joint ownership of a Condominium, the liability of such Owners shall be joint and
several. The cost of corrective action shall be assessed as an Assessment against the
Condominium and may be collected as provided herein for the collection of other Assessments.
SECTION 12 - MECHANIC'S LIEN RIGHTS
No labor performed or services or materials furnished with the consent of or at the
request of an Owner or such Owner's agent, contractor or subcontractor shall be the basis for the
filing of a lien against the Condominium of any other Owner or against any part thereof, or
against any other property of any other Owner, unless such other Owner has expressly consented
to or requested in writing the performance of such labor or furnishing of such materials or
services. Such express written consent shall be deemed to have been given by the Owner of any
Condominium in the case of emergency corrective action undertaken by the Association. Labor
performed or services or materials furnished for the Property if duly authorized by the
Association shall be deemed to be performed or furnished with the express consent of each
Owner. Any Owner may remove his or her Condominium from a lien against two or more
Condominiums or any part thereof by payment of sums secured by such lien which is attributable
to such Owner's Condominium.
SECTION 13 - INSURANCE
13.1 Types of Insurance. The Association shall obtain and keep in full force and
effect at all times the following insurance coverage provided by reputable companies duly
authorized to do business in Idaho. The provisions of this Section shall not be construed to limit
the power or authority of the Association to obtain and maintain insurance coverage, in addition
to any insurance coverage required hereunder, in such amounts and in such forms as the
Association may deem appropriate from time to time.
13.1.1 Casualty Insurance. The Association shall obtain insurance on the
Buildings in such amounts as shall provide for full replacement thereof, including, but not
limited to, those costs associated with rebuilding, design, any required permits, legal fees and
any other fees associated with the replacement of the Buildings, in the event of damage or
destruction from the casualty against which such insurance is obtained. Such insurance shall
include fire and extended coverage, vandalism and mischief, and such other risks and hazards
against which the Association shall deem it appropriate to provide insurance protection. The
Association may comply with the above requirements by the purchase of blanket coverage and
may elect such "deductible" provisions as in the Association's opinion are consistent with good
business practice.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 23
13.1.2 Public Liability and Property Damage Insurance. The Association
shall purchase broad form comprehensive liability coverage in such amounts and in such forms
as it deems advisable to provide adequate protection. Coverage shall include, without limitation,
liability for personal injuries, operation of automobiles on behalf of the Association, and
activities in connection with the ownership, operation, maintenance and other use of the
Buildings.
13.1.3 Workers' Compensation and Employer's Liability Insurance. The
Management Company shall purchase, on behalf of the Association, workers' compensation and
employer's liability insurance and all other similar insurance in respect to employees, if any, of
the Association in the amounts and in the forms now or hereafter required by law.
13.1.4 Fidelity Insurance. The Management Company shall purchase in such
amounts, on behalf of the Association, and in such form as it shall deem appropriate coverage
against liability of its officers and directors, dishonesty of employees, destruction or
disappearance of money or securities, and forgery.
13.1.5 Other. The Association may obtain insurance against such other risks, of
a similar or dissimilar nature, as it shall deem appropriate with respect to the Buildings,
including any personal property of the Association located thereon.
13.1.6 Optional Insurance. The Association may obtain the following types of
insurance coverage, but is not required to do so.
13.1.6.1 Personal Property Casualty Insurance. The Association
may in its discretion obtain casualty and public liability insurance on the personal property and
furnishings initially placed in any Units by Grantor, if any, upon completion of construction of
the Buildings in such amounts as shall provide for the full replacement thereof in the event of
damage or destruction from casualties against which such insurance is obtained. It is expressly
understood that any Owner desiring to obtain additional condominium insurance may do so at
the sole cost of the Owner.
13.1.6.2 Casualty and Public Liability Insurance. The Association
may in its discretion obtain casualty and public liability insurance coverage, in amounts it may
select, with respect to an Owner's activities within each Unit.
13.1.7 Form. Casualty insurance shall be carried in a form or forms naming the
Association as the insured as trustee for the Owners, which policy or policies shall specify the
interest of each Owner (Owner's name, Unit number, and the appurtenant undivided interest in
the Common Area) and which policy or policies shall provide a standard loss payable clause
providing for payment of insurance proceeds to the Association as trustee for the Owners and for
the respective first Mortgagees which from time to time shall give notice to the Association of
such Mortgages, such proceeds to be used in accordance with this Declaration. Each policy shall
also provide that it cannot be canceled by either the insured or the insurance company until after
ten (10) days' prior written notice is first given to each Owner and to each first Mortgagee
requesting such notice. The Association shall furnish to each Owner and to Grantor a true copy
of such policy together with a certificate identifying the interest of the Owner. All policies of
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 24
insurance shall provide that the insurance thereunder shall be invalidated or suspended only in
respect to the interest of any particular Owner guilty of breach of warranty, act, omission,
negligence or noncompliance with any provision of such policy, including payment of the
insurance premium applicable to that Owner's interest or who permits or fails to prevent the
happening of any event, whether occurring before or after a loss, which under the provisions of
such policy would otherwise invalidate or suspend the entire policy. All policies of insurance
shall provide further that the insurance under any such policy as to the interest of all other
insured Owners not guilty of any such act or omission, shall not be invalidated or suspended and
shall remain in full force and effect.
Public liability and property damage insurance shall name Grantor, the Management
Company and the Association as the insured, with the Association as trustee for the Owners, and
shall protect each Owner against liability for acts of the Association in connection with the
ownership, operation, maintenance or other use of the Buildings. In the event the entire Project
is damaged or destroyed and eighty percent (80 %) of the Owners elect not to rebuild the Project,
the insurance proceeds will be distributed to the Owners passed on their percentage ownership in
the Common Area. In the event that some but not all the Buildings in the Project are damaged or
destroyed, eighty percent (80 %) of the Owners of each Building in the Project that has been
damaged or destroy elect not to rebuild the Project, the insurance proceeds will be distributed to
the Owners passed on their percentage ownership in the Common Area.
If the affected Owners elect not to rebuild the Building in which their Units are located,
such Owners shall automatically cease to be Members of the Association and thereafter the
Association shall re- allocate the ownership, voting rights and assessment ratio determined in
accordance with this Declaration according to the same principles employed in this Declaration
at its inception and shall submit such re- allocation to the remaining Owners for approval and
amendments of this Declaration as provided in Section 16.1.2 hereof.
13.2 Insurance Proceeds. The Association shall receive the proceeds of any casualty
insurance payments received under policies obtained and maintained pursuant to this Section and
as provided in Section 14 hereof.
13.3 Owner's Own Insurance. Notwithstanding the provisions of Section 13.1
hereof, each Owner may obtain insurance at the Owner's own expense providing coverage upon
the Owner's Condominium, personal property, personal liability, and covering such other risks
as the Owner may deem appropriate, but each policy shall provide that it does not diminish the
insurance carrier's coverage for liability arising under insurance policies which the Association
obtains pursuant to this Section. All such insurance on the Owner's Condominium shall waive
the insurance company's right of subrogation against the Association, the other Owners, and the
servants, agents and guests of any of them, if such insurance can be obtained in the normal
practice without additional premium charge for the waiver of rights of subrogation.
SECTION 14 - CASUALTY, DAMAGE OR DESTRUCTION
14.1 Affects Title. Title to each Condominium is hereby made subject to the terms
and conditions set forth in this Declaration, as amended from time to time, which bind the
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 25
Grantor and all subsequent Owners, whether or not it be so expressed in the deed by which any
Owner acquires a Condominium.
14.2 Association As Agent. All of the Owners irrevocably constitute and appoint the
Association their true and lawful attorney -in -fact in their name, place and stead for the purpose
of dealing with their Condominium upon the Condominium's damage or destruction as
hereinafter provided. Acceptance by any grantee of a deed from the Grantor or from any Owner
shall constitute such appointment.
14.3 General Authority of Association. As attorney -in -fact, the Association shall
have full and complete authorization, right and power to make, execute and deliver any contract,
deed, or other instrument with respect to the interest of an Owner which may be necessary or
appropriate to exercise the powers herein granted. Repair and reconstruction of the
improvements as used in succeeding Sections of this Declaration means restoring the
Condominiums, including the site improvements, equipment and facilities therein, to
substantially the same condition in which it existed prior to damage, with each Unit and the
Common Area having substantially the same vertical and horizontal boundaries as before. The
proceeds of any insurance collected shall be available to the Association for the purpose of repair
or reconstruction unless eighty percent (80 %) of the Owners and all first Mortgagees of the
affected Buildings agree not to rebuild in accordance with the provisions set forth hereinafter.
14.4 Estimate of Costs. As soon as practicable after an event causing damage to, or
destruction of, any part of the Project, the Association shall obtain estimates that it deems
reliable of the costs of repair or reconstruction of that part of the Project damaged or destroyed, if
the Owners and Mortgagees of the Buildings damaged or destroyed elect to rebuild in
accordance with Section 14.3.
14.5 Repair or Reconstruction. As soon as practicable after receiving these
estimates, the Association shall diligently pursue to completion the repair or construction of that
part of the Project damaged or destroyed. The Association may take all necessary or appropriate
action to effect repair or reconstruction, as attorney -in -fact for the Owners, and no consent or
other action by any Owner shall be necessary in connection therewith. Such repair or
reconstruction shall be in accordance with the original plans and specifications of that portion of
the Project damaged or destroyed or may be in accordance with any other plans and
specifications the Association may approve, provided that in such latter event the number of
cubic feet and the number of square feet of any Unit may not vary by more than five percent
(5 %) from the number of cubic feet and the number of square feet for such Unit as originally
constructed pursuant to such original plans and specifications, and the location of the Units shall
be substantially the same as prior to damage or destruction.
14.6 Funds for Reconstruction. The proceeds of any insurance collected shall be
available to the Association for the purpose of repair or reconstruction. If the proceeds of the
insurance are insufficient to pay the estimated or actual cost of such repair or reconstruction, the
Association, pursuant to Section 9.7 hereof, may levy in advance a Special Assessment sufficient
to provide funds to pay such estimated or actual costs of repair or reconstruction. Such Special
Assessments shall be allocated and collected as provided in that Section. Further levies may be
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 26
made in like manner if the amounts collected prove insufficient to complete the repair or
reconstruction.
14.7 Disbursement of Funds for Repair or Reconstruction. The insurance proceeds
held by the Association and the amounts received from the assessments provided in Section 14.6
constitute a fund for the payment of costs of repair and reconstruction after casualty. It shall be
deemed that the first money disbursed in payment for the cost of repair or reconstruction shall be
made from insurance proceeds; if there is a balance after payment of all costs of such repair or
reconstruction, such balance shall be distributed to the Owners in proportion to the contributions
by each Owner pursuant to the assessments by the Association under Section 14.6 of this
Declaration.
SECTION 15 - CONDEMNATION
15.1 Consequences of Condemnation. If at any time or times during the continuance
of the condominium ownership regime pursuant to this Declaration, all or any part of the Project
shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or
in avoidance thereof, the following provisions of this Section 15 shall apply.
15.2 Proceeds. All compensation, damages or other proceeds therefrom, the sum of
which is hereinafter called the "Condemnation Award," shall be payable to the Association.
15.3 Complete Taking. In the event that all of the Units are taken or condemned, or
sold or otherwise disposed of in lieu of or in avoidance thereof, the condominium ownership
regime pursuant hereto shall terminate. The Condemnation Award shall be apportioned among
the Owners in the same proportions as their share of the Common Area in the Project, provided
that if a standard different from the value of the Condominiums as a whole is employed to
measure the Condemnation Award in the negotiation, judicial decree or otherwise, then in
determining such shares the same standard shall be employed to the extent it is relevant and
applicable.
On the basis of the principle set forth in the last preceding paragraph, the Association
shall as soon as practicable determine the share of the Condemnation Award to which each
Owner is entitled and pay such amounts as soon as practicable.
15.4 Partial Taking. In the event that less than all of the Units are taken or
condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the condominium
ownership regime hereunder shall not terminate. Each Owner shall be entitled to a share of the
Condemnation Award to be determined in the following manner: As soon as practicable the
Association shall, reasonably and in good faith, allocate the Condemnation Award between
compensation, damages or other proceeds and shall apportion the amounts so allocated among
the Owners as follows:
15.4.1 Allocation to Common Area. The total amount allocated to taking of or
injury to the Common Area shall be apportioned among the Owners in the same proportions as
their shares of the Common Area as provided in the Plat; and
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 27
15.4.2 Allocation to Condominiums. The total amount allocated to severance
damages shall be apportioned to those Condominiums which were taken or condemned as
follows: (a) the respective amounts allocated to the taking of or injury to a particular Unit and /or
improvements an Owner has made within the Owner's own Unit shall be apportioned to the
particular Unit involved; and (b) the total amount allocated to consequential damages and any
other takings or injuries shall be apportioned as the Association determines to be equitable in the
circumstances. If an allocation of the Condemnation Award is already established in negotiation,
judicial decree, or otherwise, then in allocating the Condemnation Award the Association shall
employ such allocation to the extent it is relevant and applicable.
15.5 Reorganization. In the event a partial taking results in the taking of a complete
Unit, then, upon the distribution of such Owner's apportioned proceeds, the Owner thereof
automatically shall cease to be a member of the Association. Thereafter the Association shall re-
allocate the ownership, voting rights and assessment ratio determined in accordance with this
Declaration according to the same principles employed in this Declaration at its inception and
shall submit such re- allocation to the remaining Owners for approval and amendment of this
Declaration as provided in Section 16.1.2 hereof.
15.6 Reconstruction and Repair. Any reconstruction and repair necessitated by
condemnation shall be governed by the procedures specified in Section 14.6 above.
SECTION 16 - MISCELLANEOUS
16.1 Amendment.
16.1.1 By Grantor. Until the recordation of the first deed to a Condominium,
the provisions of this Declaration may be amended, modified, clarified, supplemented, added to
or terminated (collectively "Amendment ") by the Grantor by recordation of a written instrument
setting forth such Amendment. Additionally, so long as a Grantor owns a Condominium, the
provisions of this Declaration may be amended, modified, clarified, supplemented, added to or
terminated by a recorded amendment by the Grantor to comply with all applicable law or as
necessary to allow the Project to be developed and improved as contemplated in the
Condominium Documents.
Notwithstanding the foregoing, any material Amendment shall require approval by the
vote or written consent of the Members representing sixty -seven percent (67 %) or more of the
total votes which may be cast by all of the Members and fifty -one percent (51 %) of all
Mortgagees. A material Amendment shall include amendments to the voting rights of the
Members, any increase in a previously assessed amount by more than twenty -five percent (25 %),
Assessment liens or the priority of Assessments, reductions in any reserves, to the delegated
party responsible for maintenance and repairs, any reallocation of ownership interests or right to
use Common Area, expansion or contraction of the project, or the addition, annexation, or
withdrawal of property to or from the Project; imposition of any restriction on an Owner's right
to sell or transfer his or her Unit; termination of the legal status of the project for any reason;
redefinition of any Unit boundaries, the conversion of any Unit into Common Area or vice versa,
changes in the fundamental nature of the Project, change in the hazard or fidelity insurance
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 28
requirements, any leasing restrictions, Section 15, or any provisions that would expressly benefit
any Mortgagees, insurers or guarantors.
16.1.2 By Members. Except as provided in Section 16.1.1, after the recordation
of the first deed to a Condominium, any Amendment to this Declaration, other than herein
provided in this Section 16.1, shall be by an instrument in writing signed and acknowledged by
the president and secretary of the Association certifying and attesting that such Amendment has
been approved by the vote or written consent of Members representing sixty -seven percent
(67 %) or more of the total votes which may be cast by all of the Members and fifty -one percent
(51%) of all Mortgagees, except where a greater percentage is required by express provision in
this Declaration, and such Amendment shall be effective upon its recordation with the Madison
County Recorder. Any Amendment to this Section 16.1 shall require the vote or written consent
of Owners holding ninety -five percent (95 %) of the total votes which may be cast by all of the
Members.
Notwithstanding the foregoing, nothing in this Section 16.1.2 shall allow an amendment
that would limit the rights of the Owners as stated in Sections 7.19 and 8.7.
16.1.3 Effect of Amendment. Any Amendment of this Declaration approved in
the manner specified above shall be binding on and effective as to all Owners notwithstanding
that such Owners may not have voted for or consented to such Amendment. Such Amendment
may add to and increase the Restrictions applicable to the Project but shall not prohibit or
unreasonably interfere with the allowed uses of such Owner's Condominium which existed prior
to the said amendment.
16.2 Mortgage Protection. Upon written request to the Association from any holder,
insurer or guarantor of any first Mortgage, stating both its name, address and the Unit number or
address of the Unit on which it has its first Mortgage, said holder, insurer, or guarantor of a first
Mortgage encumbering a Unit shall be entitled to notice of the following:
Any condemnation or casualty loss that affects either a material portion of a Building or a
Unit encumbered by such first Mortgage;
Any sixty (60) day delinquency in the payment of Assessments or charges owed by the
Owner of any Unit on which it holds a first Mortgage;
A lapse, cancellation, or material modification of any insurance policy maintained by the
Association; and
Any proposed action that requires the consent of a specified percentage of eligible
Mortgage holders.
16.3 Enforcement and Non - Waiver.
16.3.1 Right of Enforcement. Except as otherwise provided herein, any Owner,
the Association or Grantor shall have the right to enforce any or all of the provisions of this
Declaration against any property within a Building and against the Owners thereof.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 29
16.3.2 Non - Waiver. Failure of the Grantor or the Board to insist upon strict
compliance with this Declaration, the Bylaws or the Association Rules, or to exercise any right
contained in such documents, or to serve any notice or to institute any action, shall not be
construed as a waiver or a relinquishment of the right to insist on compliance in the future with
any term, covenant, condition or restriction. The receipt by the Board of payment of an
assessment from an Owner, with knowledge of a breach by the Owner, shall not be a waiver of
the breach. No waiver by the Board of any requirement shall be effective unless expressed in
writing and signed for by the Board.
16.4 Registration of Mailing Address. Each Owner shall register such Owner's
mailing address with the Association and all notices or demands intended to be served upon any
Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name
of the Owner at such registered mailing address. If an Owner fails to provide the Association
with a valid address, all notices shall be sent to that Owner's address on record with the Ada
County, Idaho. All notices or demands intended to be served upon the Association shall be given
by registered or certified mail, postage prepaid, to the address of the Association as designated in
the Bylaws. All notices or demands to be served on Mortgagees pursuant hereto shall be sent by
either registered or certified mail, postage prepaid, addressed in the name of the Mortgagee at
such address as the Mortgagee may have furnished to the Association in writing. Unless the
Mortgagee furnishes the Association such address, the Mortgagee shall not be entitled to receive
any of the notices provided for in this Declaration. Any notice referred to in this Section shall be
deemed given when deposited in the United States mail in the form provided for in this Section.
16.5 Interpretation. The provisions of this Declaration shall be liberally construed to
effectuate its purpose of creating a uniform plan for the development and operation of the
Project. This Declaration shall be construed and governed under the laws of the State of Idaho.
16.5.1 Restrictions Construed Together. All of the provisions hereof shall be
liberally construed together to promote and effectuate the fundamental concepts of the
development of the Project as set forth in the recitals to this Declaration.
16.5.2 Restrictions Severable. Notwithstanding the provisions of the foregoing
Section 16.5.1, each of the provisions of this Declaration shall be deemed independent and
severable, and the invalidity or partial invalidity of any provision or portion thereof shall not
affect the validity or enforceability of any other provision herein.
16.5.3 Singular Includes Plural. Unless the context requires a contrary
construction, the singular shall include the plural and the plural the singular; and the masculine,
feminine or neuter shall each include the masculine, feminine and neuter.
16.5.4 Captions. All captions, titles and the table of contents used in this
Declaration are intended solely for convenience of reference and shall not affect that which is set
forth in any of the provisions hereof.
16.6 Owner's Obligations Continue. All obligations of the Owner under and by
virtue of the provisions contained in this Declaration shall continue, notwithstanding that such
Owner may have leased, rented or entered a contract of sale of his interest as provided herein,
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 30
but the Owner of a Condominium shall have no obligation for expenses or other obligations
accruing after the Owner conveys such Condominium.
16.7 Exhibits. All exhibits attached hereto are incorporated herein as if set forth in
full herein. However, in the event of any conflict between such exhibits and the text of this
Declaration, this Declaration shall control.
16.8 Acknowledgement and Waivers. All Owners expressly acknowledge that there
are no understandings, representations, warranties or promises of any kind that have been made
to induce the Owners into owning Units in the Project except as set forth in this Declaration or
any other written valid and binding agreement between the Grantor and the Owners, that this
Declaration or any other written valid and binding agreement between the Grantor and the
Owners sets forth in full the entire agreement between the parties and governing the Project, and
the Owners have not relied on any verbal agreement, statement, representation, warranty or other
promises that is not expressed in writing in this Declaration or any other written valid and
binding agreement between the Grantor and the Owners. Except as may be set forth in any
written agreement between Owner and Grantor, each Owner has acquired and accepted its
Condominium Unit "as is, where is" with all faults. No person, agent or employee of Grantor
has any authority to modify the terms of this Section, and no person on Grantor's behalf is
authorized to make any future verbal agreement upon which any Owner may rely to cancel,
change or modify any portion of this Declaration. This Declaration or any other written valid
and binding agreement between the Grantor and the Owners supersedes any and all prior
understandings and agreements. This Declaration or any other written valid and binding
agreement between the Grantor and the Owners may be amended or modified only by the terms
included herein.
16.9 Transfer of Grantor's Powers. It is understood that Grantor, at any time in the
exercise of its sole discretion, may sell, assign, transfer, encumber or otherwise convey to any
person or entity, upon such terms and conditions as Grantor may determine, all of Grantor's
rights, powers, privileges and authority arising hereunder by virtue of Grantor's capacity as
Grantor (which rights, powers, privileges and authority are in addition to those arising from
Grantor's ownership of one or more Units).
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 31
STATE OF CALIFORNIA )
)SS.
COUNTY OF LOS ANGELES )
On November 6, 2007, before me, the undersigned, a Notary Public in and for
said State, personally appeared Lee Dalton personally known to me (o ev-ed4ie- -
t ) to be the person() whose name(&) is /ate subscribed to
the within instrument and acknowledged to me that hefs� executed the same in
his /fir authorized capacity(ies), and that by hisAwr,4� signature(,) on the
instrument the person(,), or the entity upon which the person(%,) acted, executed the
instrument.
WITNESS my hand and official seal.
f <
Notary PublieW and for
the State of California
My commission expires: I o -I t (A a 00%
(SEAL)
TIMOTHY J. KEARNEY
Commission # 1519759
Z .® Notary Public - California
s Los Angeles County
j F — — — —
My Comm. Expires Oct 16, 2008
STATE OF CALIFORNIA )
`�_ ss
County of
On this /5 day of August, 2007, before me, / a Notary Public
in and for said State, personally appeared Mark Bragg, known or identified to me to be the
person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
R. S. HOLGUIN
COMM. 01767207
Notary Public • California_
Los Angeles County
Comm. f 11 1
STATE OF CALIFORNIA )
ss
County of LvS��'��� )
Notar lic r California
Residing at:; «f�
My Commission Expires: / V
On this � of August, 2007, before me, � 7 , a Notary Public
in and for said State, personally appeared Lee Dalton, know4orntified to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Z Qmv R. S. HOLGUIN
COMM. 91767267 z
"tary Public • California
Los Angeles County
Cor nm. Ex oi resSeo.11.2011
0
No a r C lifornia
Residing at:,;;<" fe /e r
My Commission Expires:
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS — 33
tibVe" 6.r
This Declaration is executed effective this Z I day of Augtts+, 2007.
DATED this 21 day of N , 2007.
arlo colt
M agg
alton
STATE OF CALIFORNIA )
ss
County of 463 �S�l�s )
2 1 day of A
On this �� Z007 before me
Y � " '� 5 06 Ici u � r"1 , a Notary Public
in and for said State, personally appeared Carlon Scott, known or identified to me to be the
person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
1
Notary Public for CA?ornia
(S E A L) Residing at:
My Commission Expires: g1i/`1►/
COMM. 01767 1
Nohry Public
M. Ciatomi�
Loa Angelq CoYnty
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS — 32
EXHIBIT 1
Legal Description for Everett Place Condominiums
Part of Section 25, Township 6 North, Range 39 East, B.M.,
Madison County, Idaho described as:
Beginning at a point that is N00 0 15'55 "W 815.55 feet along the
section line and S89 0 45 1 51 11 W 430.26 feet to the SE corner of
said Lot 9 of Andrews Addition No. 2 from the South % corner
of said Section 25 and running thence S89 0 48'14 "W 84.97 feet
to the SW corner of said Lot 9; thence N00 0 11 1 46 11 W 107.46
feet to the NW corner of said Lot 9; to the point of curve of a
non - tangent curve to the right, of which the radius point lies
S07 0 54'41 "E, a radial distance of 59.65 feet; thence east along
the arc, through a central angle of 07 °43 a distance of 8.04
feet thence N89 0 48'14 "E 76.95 feet to the NE corner of said Lot
9; thence S00 0 11'46 "E 108.00 feet to the POINT OF
BEGINNING.
Containing 0.21 acres.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS - 34
EXHIBIT 2
Plat of Everett Place Condominiums
See attached pages for copy of Plat of Everett Place Condominiums.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDONMI41UMS - 35
EXHIBIT 3
Articles of Incorporation
of
The Everett Place Condominiums Owners' Association, Inc.
See attached for copy of recorded Articles of Incorporation of The Everett Place Condominiums
Owners' Association, Inc.
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOMINIUMS -36
EXHIBIT 4
Proportionate Interest in Common Area and Voting Allocations
Units
Percentage of Total Ownership in
the Common Area
Voting Allocations
Unit 1
25%
1
Unit 2
25%
1
Unit 3
25%
1
Unit 4
25%
1
Total
100%
100
CONDOMINIUM DECLARATION FOR THE EVERETT PLACE CONDOWNIUMS —37
BYLAWS
OF
EVERETT PLACE CONDOMINIUMS
OWNERS' ASSOCIATION, INC.
ARTICLE 1 - GENERAL PLAN OF OWNERSHIP
1.1 Name. The name of the corporation is the EVERETT PLACE
CONDOMINIUMS OWNERS' ASSOCIATION, INC. (the "Corporation "). The principal office
of the Corporation shall be located at 13089 Peyton Drive, Suite C -241, Chino Hills, CA 91709.
1.2 Bylaws Applicability. The provisions of these Bylaws of the Form
Condominiums Owners Association, Inc. ( "Bylaws ") are applicable to the Project as designated
as such in the Condominium Declaration for the Everett Place Condominiums, recorded in the
office of the County Recorder, Madison County, Idaho, as Instrument No. (the
"Declaration ").
1.3 Personal Application. All present and future Owners in the Project, any other
person that might use the property or facilities owned and /or managed by the Corporation in any
manner, are subject to the regulations set forth in these Bylaws and the Declaration. The mere
acquisition of any Unit within the Project or the mere act of occupancy of any Unit within the
Project will signify that these Bylaws are accepted, ratified, and will be complied with.
ARTICLE 2 - VOTING, QUORUM, PROXIES
2.1 Voting. In accordance with the Articles and the Declaration, each Member shall
be entitled to the number of votes allocated to each Member's Unit, as such number is set forth
in the Declaration.
2.2 Quorum. Except as otherwise provided in these Bylaws, the Articles or the
Declaration, the presence in person or by proxy of Members representing more than fifty percent
(50 %) of the total votes of the Corporation shall constitute a quorum. The Members present at a
duly called or held meeting at which a quorum is present may continue to do business until
adjournment, notwithstanding the withdrawal of enough Members to leave less than a quorum.
If any meeting cannot be held because a quorum is not present, the Members present may
adjourn the meeting to a time not less than five (5) days or more than thirty (30) days from the
time the original meeting was scheduled, without notice other than announcement at the meeting.
At such second meeting, the presence of Members representing no less than twenty percent
(20 %) of the total voting power of the Corporation shall constitute a quorum.
2.3 Proxies. Votes may be cast in person or by proxy. Proxies must be in writing
and filed with the Corporation's secretary before the commencement of the first meeting in
which the proxy holder is entitled to attend. Every proxy shall be revocable at the pleasure of the
Member who executed the proxy and shall automatically cease after completion of the meeting
of which the proxy was filed, if filed for a particular meeting. In no event shall a proxy be valid
after eleven (11) months from the date of its execution.
BYLAWS OF EVERETT PLACE CONDOMINIUMS OWNERS ASSOCIATION, INC. - I
ARTICLE 3 - ADMINISTRATION
3.1 Responsibilities. The Corporation shall have the responsibility of administering
the Project, including, without limitation, the Common Area, approving the annual budget,
establishing and collecting all Assessments, if any, and may arrange for the management of the
same pursuant to an agreement containing provisions relating to the duties, obligations, removal
and compensation of a manager of the Project. Except as otherwise provided, decisions and
resolutions of the Corporation shall require an affirmative vote of a majority of the Members
present at an annual or special meeting of the Corporation at which a quorum is present.
3.2 Place of Meetings. Meetings of the Corporation shall be held at the Project or
such other suitable place as close to the Project as practicable in Madison County as may be
designated by the Corporation's board of directors (hereinafter "Board of Directors ").
3.3 Annual Meetings. The first annual meeting shall be held within one (1) year
from the date of incorporation of the Association, and each subsequent regular annual meeting of
the Members shall be held on the same day of the same month of each year thereafter. If the day
for the annual meeting of the Members is a legal holiday or a Saturday or Sunday, the meeting
will be held at the same hour on the first day following which is not a legal holiday or a Saturday
or Sunday. At each annual meeting there shall be elected by ballot of the Members a Board of
Directors in accordance with the requirements of these Bylaws. In the event that an annual
meeting is not held, or the Directors are not elected at the annual meeting, the Directors may be
elected at any special meeting held for that purpose. The Members may also transact such other
business of the Corporation as may properly come before them at any such annual meeting.
3.4 Special Meetings. It shall be the duty of the Corporation's president to call a
special meeting of the Corporation as directed by resolution of the Board of Directors, or upon a
petition signed by Members representing one -fourth (1/4) of all the votes of the Corporation.
The notice of all special meetings shall be given as provided in Section 3.5 of these Bylaws, and
shall state the nature of the business to be undertaken. No business shall be transacted at a
special meeting except as stated in the notice, unless by consent of the Members representing
fifty -one percent (51 %) or more of the total voting power in the Corporation, either in person or
by proxy.
3.5 Notice of Meetings. It shall be the duty of the Corporation's secretary to mail a
notice of each annual or special meeting of the Corporation, stating the purpose thereof as well
as the day, hour and place where such meeting is to be held, to each Member of record, at least
ten (10) but not more than thirty (30) days prior to such meeting. The notice may set forth time
limits for speakers and nominating procedures for the meeting. The mailing of a notice, postage
prepaid, in the manner provided in this Section 3.5 shall be considered notice served, after said
notice has been deposited in a regular depository of the United States mail. If no address has
been furnished to the Corporation's secretary, notice shall be deemed to have been given to a
Member if posted in a conspicuous place on the Project, or by any other method set forth in the
Declaration.
3.6 Order of Business. The order of business at all meetings shall be as follows:
(a) roll call to determine the voting power represented at the meeting; (b) proof of notice of
BYLAWS OF EVERETT PLACE CONDOMINIUMS OWNERS ASSOCIATION, INC. - 2
meeting or waiver of notice; (c) reading of minutes of preceding meeting; (d) reports of officers;
(e) reports of committees; (f) election of Directors; (g) unfinished business and (h) new business.
3.7 Action Without Meeting. Any action, which under the provisions of the Idaho
Nonprofit Corporation Act may be taken at a meeting of the Corporation, may also be taken
without a meeting if authorized in writing signed by all of the Members who would be entitled to
vote at a meeting for such purpose, and filed with the Corporation's secretary. Any action so
approved shall have the same effect as though taken at a meeting of the Members.
3.8 Consent of Absentees. The transactions of any meeting of the Corporation,
either annual or special, however called and noticed, shall be as valid as though transacted at a
meeting duly held after regular call and notice, if a quorum be present either in person or by
proxy, and if either before or after the meeting each of the Members not present in person or by
proxy signed a written waiver of notice, or a consent to the holding of such meeting, or an
approval of the minutes thereof. All such waivers, consents or approvals shall be filed with the
corporate records or made part of the minutes of the meeting.
3.9 Minutes, Presumption of Notice. Minutes or a similar record of the proceedings
of meetings, when signed by the Corporation's president or secretary, shall be presumed
truthfully to evidence the matters set forth therein. A recitation in the minutes of any meeting
that notice of the meeting was properly given shall be prima facie evidence that such notice was
given.
ARTICLE 4 - BOARD OF DIRECTORS
4.1 Number and Qualification. The Project, business and affairs of the Corporation
shall be governed and managed by a Board of Directors composed of not less than three (3)
persons but not more than four (4) persons. Other than the Initial Directors, as set forth in the
Articles, the Directors will be Members of the Corporation. Directors shall not receive any
salary or other compensation for their services as Directors; provided, however, that nothing
herein contained shall be construed to preclude any Director from serving the Corporation in
some other capacity and receiving compensation therefor.
4.2 Powers and Duties. The Board of Directors has the powers and duties necessary
for the administration of the affairs of the Corporation, as more fully set forth in the Declaration,
and may do all such acts and things as are not by law or by these Bylaws directed to be exercised
and done exclusively by the Owners.
4.3 Special Powers and Duties. Without prejudice to such foregoing general powers
and duties, and such powers and duties as set forth in the Declaration, the Board of Directors is
vested with, and responsible for, the following powers and duties:
4.3.1 To select, appoint and remove all officers, agents, and employees of the
Corporation, to prescribe such powers and duties for them as may be consistent with law, with
the Articles, the Declaration and these Bylaws; to fix their compensation, if any, and to require
from them security for faithful service when deemed advisable by the Board of Directors;
BYLAWS OF EVERETT PLACE CONDOMINIUMS OWNERS ASSOCIATION, INC. - 3
4.3.2 To conduct, manage and control the affairs and business of the
Corporation, and to make and enforce such rules and regulations therefor consistent with law,
with the Articles, the Declaration and these Bylaws, as the Board of Directors may deem
necessary or advisable;
4.3.3 To change the principal office for the transaction of the business of the
Corporation from one location to another within the County of Madison, State of Idaho, as
provided in Section 1.1 hereof; to designate any place within Madison County for the holding of
any annual or special meeting or meetings of the Corporation consistent with the provisions of
Section 3.2 hereof; and to adopt and use a corporation seal and to alter the form of such seal from
time to time as the Board of Directors in its sole judgment may deem best, provided that such
seal shall at all times comply with the provisions of law;
4.3.4 To borrow money and to incur indebtedness for the purposes of the
Corporation, and to cause to be executed and delivered therefor, in the Corporation's name,
promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations or other
evidence of debt and securities therefor; subject, however, to the limitations set forth in the
Articles and the Declaration;
4.3.5 To fix and collect, from time to time, Assessments upon the Members on
behalf of itself, as provided in the Declaration; provided, however, that such Assessments shall
be fixed and levied only to provide for the payment of the expenses of the Corporation, and of
the taxes and assessments upon real or personal property owned, managed, leased, controlled or
occupied by the Corporation, or for the payment of expenses for labor rendered or materials or
supplies used and consumed, or equipment and appliances furnished for the maintenance,
improvement or development of such property or for the payment of any and all obligations in
relation thereto, or in performing or causing to be performed any of the purposes of the
Corporation for the general benefit and welfare of the Corporation's Members, in accordance
with the provisions of the Declaration. The Board of Directors is hereby authorized to incur any
and all such expenditures for any of the foregoing purposes and to provide, or cause to be
provided adequate reserves pursuant to the Declaration. Such Assessments shall be fixed in
accordance with the provisions of the Declaration. Should any Member fail to pay such
Assessments before delinquency, the Board of Directors in its discretion, is authorized to enforce
the payment of such delinquent Assessments as provided in the Declaration;
4.3.6 To enforce the provisions of the Declaration, the Articles, these Bylaws or
other agreements of the Corporation;
4.3.7 To fix, determine and name from time to time, if necessary or advisable,
the public agency, fund, foundation or corporation which is then or there organized or operated
for charitable purposes, to which the assets of this Corporation may be distributed upon
liquidation or dissolution according to the Articles;
4.3.8 To adopt, amend, and repeal by majority vote of the Board of Directors,
rules and regulations as to the Corporation deemed reasonable and necessary.
BYLAWS OF EVERETT PLACE CONDOMINIUMS OWNERS ASSOCIATION, INC. - 4
4.4 Election, Nomination and Term of Office. At the first annual meeting of the
Corporation, and thereafter at each annual meeting, new Directors shall be elected individually
by written ballot by a majority of Members present in person or by proxy at such meeting as
provided in these Bylaws, subject to the Director qualifications identified in these Bylaws. The
term of the Directors shall be for one (1) year. In the event that an annual meeting is not held, or
the Directors are not elected and/or appointed at the annual meeting, the Directors may be
elected at any special meeting held for that purpose. Each Director shall hold office until a
successor has been elected or until death, resignation, removal or judicial adjudication of mental
incompetence. Any person serving as a Director may be re- elected and /or reappointed as
applicable, and there shall be no limitation on the number of terms during which a director may
serve.
Notwithstanding the foregoing, for a period of three (3) years following the recordation
of the first deed, the Declarant shall have the exclusive right, power and authority to appoint and
elect the Directors, and otherwise manage the affairs of the Project so long as the Declarant owns
a Unit in the Project. The Declarant shall cease to be a voting Member of the Association at the
earlier of (i) three (3) years following the recordation of the first deed to a Unit or (ii) four (4)
months after the sale of one hundred percent (100 %) of the total Units.
4.5 Dispute Resolution. In the event the Members are unable to elect a Director as a
result of a tie in the vote by the Members and such tie is not resolved through a re -vote or
through negotiation, then a Member may seek relief by bringing an action in the Madison County
District Court, State of Idaho, requesting that the District Court appoint an independent Director
or Directors. Upon the appointment of a Director by the District Court, such Director shall have
all the powers and duties contained in these Bylaws, the Articles and the Declaration. The
independent Director appointed by the District Court shall be paid reasonable compensation by
the Association for the services rendered.
4.6 Books and Financial Statements. The Board of Directors shall cause to be
maintained at its principal place of business all books, records, Condominium Documents and
financial statements required by the Declaration.
4.7 Vacancies. Vacancies in the Board of Directors caused by any reason other than
the removal of a Director by a vote of the Members shall be filled by vote of the majority of the
remaining Directors, even though they may constitute less than a quorum, and each person so
elected or appointed shall be a Director until a successor is elected at the next applicable annual
meeting, or special meeting called for that purpose. A vacancy or vacancies shall be deemed to
exist in case of death, resignation, removal or judicial adjudication of mental incompetence of
any Director, or in the case the full number of authorized Directors are not elected at any meeting
at which such election is to take place.
4.8 Removal of Directors. At any regular or special meeting of the Corporation,
duly called, a Director may be removed with or without cause by the affirmative vote of fifty -one
percent (51 %) or more of the votes present at such regular or special meeting, and a successor
may then and there be elected or appointed, as the case may be, to fill the vacancy thus created
provided such person is otherwise qualified under these Bylaws. Any Director whose removal
has been proposed shall be given an opportunity to be heard at the meeting.
BYLAWS OF EVERETT PLACE CONDOMINIUMS OWNERS ASSOCIATION, INC. — 5
4.14 Voting. Each Director, when acting in his or her capacity as a Director of the
Board of Directors, shall have one (1) vote.
4.15 Action Without Meeting. The Directors shall have the right to take any action in
the absence of a meeting which they could take at a meeting by obtaining the vote or written
consent of all the Directors. Any action so approved shall have the same effect as though taken
at a meeting of the Directors.
4.16 Committees. The Board of Directors, by resolution, may from time to time
designate such committees as the Board of Directors shall desire, and may establish the purposes
and powers of each such committee created. The resolution designating and establishing a
committee shall provide for the appointment of the persons to serve such committee as well as a
chairperson, shall state the purpose of the committee, and shall provide for reports, termination,
and other administration matters as deemed appropriate by the Board of Directors.
ARTICLE 5 - OFFICERS
5.1 Designation. The principal officers of the Corporation shall be a president, a vice
president, a secretary, and a treasurer, all of whom shall be elected by the Board of Directors.
The Board of Directors may appoint an assistant treasurer and an assistant secretary, and such
other officers in the Board of Directors' judgment may be necessary. One person may hold two
or more offices, except the same person cannot hold the offices of President and Secretary
concurrently.
5.2 Removal of Officers. Upon an affirmative vote of a majority of the Board of
Directors, any officer may be removed, either with or without cause, and a successor elected at
any regular meeting of the Board of Directors, or any special meeting of the Board of Directors
called for such purpose. Any officer may resign at any time by giving written notice to the
Board of Directors or to the president or secretary of the Corporation. Any such resignation shall
take effect at the date of receipt of such notice or at any later time specified therein; and unless
otherwise specified in said notice, acceptance of such resignation by the Board of Directors shall
not be necessary to make it effective. A vacancy in any office may be filled by appointment by
the Board of Directors. The officer appointed to such vacancy shall serve for the remainder of
the term of the officer he or she replaces.
5.3 Compensation. Officers, agents, and employees may receive such reasonable
compensation for their services as may be authorized or ratified by the Board of Directors.
Appointment of any officer, agent or employee shall not of itself create contractual rights of
compensation for services performed by such an officer, agent or employee.
5.4 Special Appointment. The Board of Directors may elect such other officers as
the affairs of the Corporation may require, each of whom shall hold office for such period, have
such authority, and perform such duties as the Board of Directors may, from time to time,
determine.
5.5 President. The president shall be the chief executive officer of the Corporation
and must be a Member of the Corporation. The president shall preside at all meetings of the
Corporation and of the Board of Directors. The president shall have all of the general powers
BYLAWS OF EVERETT PLACE CONDOMINIUMS OWNERS ASSOCIATION, INC. — 7
and duties which are usually vested in the office of the president of a nonprofit corporation,
including, but not limited to, the power, subject to the provisions of Section 4.16, to appoint
committees from among the Members from time to time as the president alone may decide are
appropriate to assist in the conduct of the affairs of the Corporation. The president shall, subject
to the control of the Board of Directors, have general supervision, direction and control of the
business of the Corporation. The president shall be an ex officio member of all standing
committees, and the president shall have such other powers and duties as may be prescribed by
the Board of Directors or these Bylaws.
5.6 Vice President. The vice president shall take the place of the president and
perform such duties whenever the president shall be absent, disabled or unable to act. If neither
the president nor the vice president is able to act, the Board of Directors shall appoint a member
of the Board of Directors to do so on an interim basis. The vice president shall also perform such
other duties as shall from time to time be imposed by the Board of Directors or these Bylaws.
5.7 Secretary. The secretary shall record the votes and keep the minutes of all
meetings of the Board of Directors and the minutes of all meetings of the Corporation at the
principal office of the Corporation and such other place(s) as the Board of Directors may order.
The secretary shall keep the seal of the Corporation, if any, in safe custody and shall have charge
of such books and papers as the Board of Directors may direct, and the secretary shall, in
general, perform all the duties incident to the office of secretary. The secretary shall give, or
cause to be given, notices of meetings of the Corporation and of the Board of Directors required
by these Bylaws or by law to be given. The secretary shall maintain a book of record Owners
within the Project, and any person in possession of a Unit within the Project that is not an Owner,
listing the names and addresses of the Owners, and any person in possession of a Unit that is not
an Owner, as furnished to the Corporation and such book shall be changed only at such time as
satisfactory evidence of a change in ownership of a Unit within the Project is presented to the
secretary. The secretary shall perform such other duties as may be prescribed by the Board of
Directors or these Bylaws.
5.8 Treasurer. The treasurer shall have responsibility for the Corporation's funds
and securities and shall be responsible for keeping, or causing to be kept, full and accurate
accounts of the Project and any Common Area, any tax records and business transactions of the
Corporation including accounts of all assets, liabilities, receipts and disbursements, all in books
belonging to the Corporation. The treasurer shall be responsible for the deposit of all monies and
other valuable effects in the name and to the credit of the Corporation in such depositories as
may from time to time be designated by the Board of Directors. The treasurer shall disburse the
funds of the Corporation as may be ordered by the Board of Directors in accordance with the
Declaration, shall render to the president and Directors upon request, an account of all
transactions as treasurer and of the financial condition of the Corporation, and shall have such
other powers and perform such other duties as may be prescribed by the Board of Directors or
these Bylaws.
BYLAWS OF EVERETT PLACE CONDOMINIUMS OWNERS ASSOCIATION, INC. - 8
ARTICLE 6 - OBLIGATIONS OF MEMBERS
6.1 Assessments.
6.1.1 All Members are obligated to pay, in accordance with the provisions of the
Declaration, all Assessments levied by the Association on behalf of the Corporation to meet all
expenses of the Corporation, which may include, without limitation, a liability insurance policy
premium and an insurance premium for a policy to cover repair and reconstruction work in case
of fire, earthquake or other hazard, as more fully provided in Section 4.3 of these Bylaws.
6.1.2 All delinquent Assessments shall be enforced, collected or foreclosed in
the manner provided in the Declaration.
6.2 Maintenance and Repair.
6.2.1 Every Member must perform promptly, at the Member's sole cost and
expense, all maintenance and repair work on such Member's Unit as required under the
provisions of the Declaration. The Association shall establish reasonable procedures for the
granting and denial of such approval in accordance with the Declaration.
6.2.2 As further provided in the Declaration, each Member shall reimburse the
Corporation for any expenditures incurred in repairing or replacing any portion of Common
Area, which is damaged through the fault of a Member or a Member's tenant, and each Member
shall promptly reimburse the Corporation for the costs of repairing, replacing and /or maintaining
that portion of the Common Area, which the Corporation has repaired, replaced or maintained
pursuant to the Declaration. Such expenditures shall include all court costs and reasonable
attorneys' fees and costs incurred in enforcing any provision of these Bylaws or the Declaration.
ARTICLE 7 - AMENDMENTS TO BYLAWS
These Bylaws may be amended by the Corporation at an annual meeting or at a duly
constituted meeting of the Corporation for such purpose as provided in the Articles. No
amendment to these Bylaws shall take effect unless by the affirmative votes of more than fifty
percent (50 %) of the total voting power of the Corporation.
ARTICLE 8 - MEANING OF TERMS
Except as otherwise defined herein, all terms herein initially capitalized shall have the
same meanings as are ascribed to such terms in the Declaration including, without limitation,
"Assessments" "Common Area" "Condominium Documents" "Declarant" "Declaration"
"Improvements ", "Articles ", "Association ", "Bylaws ", "Limited Common Area ", "Member ",
"Owner ", "Project ", and "Unit ".
ARTICLE 9 - CONFLICTING PROVISIONS
In case any of these Bylaws conflict with any provisions of the laws of the State of Idaho,
such conflicting Bylaws shall be null and void upon final court determination to such effect, but
all other Bylaws shall remain in full force and effect. In case of any conflict between the
BYLAWS OF EVERETT PLACE CONDOMINIUMS OWNERS ASSOCIATION, INC. - 9
Articles and these Bylaws the Articles control; and in the case of any conflict between the
Declaration and these Bylaws, the Declaration shall control.
ARTICLE 10 - INDEMNIFICATION AND INSURANCE
10.1 Certain Definitions. For the purposes of this Article 10, "agent" means any
person who is or was a Director, officer, employee or other agent of the Corporation, or is or was
serving at the request of the Corporation as a Director, officer, employee or agent of another
corporation, or was a Director, officer, employee or agent of a corporation which was a
predecessor corporation of the Corporation; "proceeding" means any threatened, pending or
completed action or proceeding, whether civil, criminal, administrative or investigative; and
"expenses" includes, without limitation, attorney fees and costs and any expenses of establishing
a right to indemnification under paragraph 10.4.3 of Section 10.4.
10.2 Indemnification. This Corporation shall indemnify any person who was or is a
party or is threatened to be made a party to any proceeding (other than an action by or in the right
of this Corporation to procure a judgment in its favor) by reasons of the fact that such person is
or was an agent of this Corporation, against expenses (including, without limitation, attorney
fees), judgments, fines, settlements and other amounts actually and reasonably incurred in
connection with such proceeding if such person acted in good faith and in a manner such person
reasonably believed to be in or not opposed to the best interests of the Corporation and, in the
case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was
unlawful. The termination of any proceeding by judgment, order, settlement, conviction or upon
a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the
person did not act in good faith and in a manner which the persons reasonably believed to be in
or not opposed to the best interests of the Corporation or with respect to any criminal proceeding
that the person had reasonable cause to believe that the person's conduct was unlawful.
However, no indemnification shall be made in respect of any claim, issue or matter as to which
such person shall have been adjudged to be liable to the Corporation in the performance of such
person's duty to the Corporation, unless and only to the extent that the court in which such
proceeding is or was pending shall determine upon application that, in view of all the
circumstances of the case, such person is fairly and reasonably entitled to indemnity for the
expenses which such court shall deem proper.
10.3 [Reserved].
10.4 Determination of Standard of Conduct. Any indemnification under this
Article 10 shall be made by the Corporation only if authorized in the specific case, upon a
determination that indemnification of the agent is proper in the circumstances because the agent
has met the applicable standard of conduct set forth in Section 10.2, as determined by:
10.4.1 A majority vote of a quorum of Directors who are not parties to such
proceeding;
10.4.2 Approval or ratification by the affirmative vote of a majority of the total
voting power of the Corporation at a duly held meeting of the Corporation at which a quorum is
present;
BYLAWS OF EVERETT PLACE CONDOMINIUMS OWNERS ASSOCIATION, INC. -10
10.4.3 The court in which such proceeding is or was pending, upon application
made by the Corporation or the agent or the attorney or other persons rendering services in
connection with the defense, whether or not such application by the agent, attorney or other
person is opposed by the Corporation; or
10.4.4 Independent legal counsel in written opinion, engaged at the direction of a
quorum of disinterested Directors.
10.5 Advancing Expenses. Expenses incurred in defending any proceeding may be
advanced by the Corporation prior to the final disposition of such proceeding upon receipt of an
undertaking by or on behalf of the agent to repay such amount if it shall be determined ultimately
that the agent is not entitled to be indemnified as authorized in this Article 10.
10.6 Extent and Limitations of Indemnifications. No indemnification or advance
shall be made under this Article 10, except as provided in paragraph 10.4.3 of Section 10.4, in
any circumstance where it appears:
10.6.1 That it would be inconsistent with a provision of the Articles, these
Bylaws, a resolution of the Board of Directors or Members or an agreement in effect at the time
of the accrual of the alleged cause of action asserted in the proceeding in which the expenses
were incurred or other amounts were paid, which prohibits or otherwise limits indemnification;
or
10.6.2 That it would be inconsistent with any condition expressly imposed by a
court in approving a settlement.
This Article 10 shall create a right of indemnification for each agent referred to in this
Article 10, whether or not the proceeding to which the indemnification relates arose in whole or
in part prior to adoption of this Article 10; and in the event of the death of such agent, whether
before or after initiation of such proceeding, such right shall extend to such agent's legal
representatives. In addition, to the maximum extent permitted by applicable law, the right of
indemnification hereby given shall not be exclusive of or otherwise affect any other rights such
agent may have to indemnification, whether by law or under any contract, insurance policy or
otherwise.
10.7 Liability Insurance. The Corporation may purchase and maintain insurance on
behalf of any agent of the Corporation against any liability asserted against or incurred by the
agent in such capacity or arising out of the agent's status as such, whether or not the Corporation
would have the power to indemnify the agent against such liability under the provisions of this
Article 10.
ARTICLE 11 - MISCELLANEOUS
11.1 Checks, Drafts and Documents. All checks, drafts or other orders for payment
of money, notes or other evidences of indebtedness issued in the name of or payable to the
Corporation shall be signed or endorsed by such person or persons, and in such manner as, from
time to time, shall be determined by resolution of the Board of Directors.
BYLAWS OF EVERETT PLACE CONDOMINIUMS OWNERS ASSOCIATION, INC. —11
11.2 Execution of Documents. The Board of Directors, except as otherwise provided
in these Bylaws, may authorize any officer or officers, agent or agents, to enter into any contract
or execute any instrument in the name and on behalf of the Corporation, and such authority may
be general or confined to specific instances; and unless so authorized by the Board of Directors,
no officer, agent or employee shall have the power or authority to bind the Corporation by any
contract or engagement or to pledge the Corporation's credit or to render the Corporation liable
for any purpose or in any amount.
11.3 Inspection of Bylaws, Books and Records. The Corporation shall keep in the
Corporation's office for the transaction of business the original or a copy of these Bylaws as
amended or otherwise altered to date, certified by the Corporation's secretary, which shall be
open to inspection by the Members at all reasonable times during office hours. The books,
records, financial statements and papers of the Corporation shall at all times, during reasonable
business hours, be subject to inspection by any Member. The Declaration, Articles, Bylaws, and
all other Condominium Documents shall be available for inspection by any Member at the
principal office of the Corporation, where copies may be purchased at reasonable cost.
11.4 Fiscal Year. The fiscal year of the Corporation shall begin on the 1st day of
January and end on the 31 st day of December of every year except that the first fiscal year shall
begin on the date of incorporation.
11.5 Membership Book. The Corporation shall keep and maintain in the
Corporation's office for the transaction of business a book containing the name and address of
each Member. In the event that a married couple owns a Unit, then both of such individual's
names shall be listed in the book, even though only one of them shall be deemed a Member or
Owner for the purposes of these Bylaws and the Declaration. Termination or transfer of
ownership of any Unit by a Member shall be recorded in the books together with the date on
which such ownership was transferred, and the new Member shall be incorporated into the book
in accordance with the provisions of the Declaration.
BYLAWS OF EVERETT PLACE CONDOMINIUMS OWNERS ASSOCIATION, INC. —12
CONSENT OF DIRECTORS
OF THE
EVERETT PLACE CONDOMINIUMS
OWNERS ASSOCIATION, INC.
IN LIEU OF MEETING
The undersigned, constituting all of the Directors of the EVERETT PLACE
CONDOMINIUMS OWNERS ASSOCIATION, INC., an Idaho nonprofit corporation (the
"Corporation "), do hereby consent to, adopt and approve in writing the following corporate
action without a meeting in accordance with the provisions of the general nonprofit corporation
laws of the State of Idaho:
RESOLVED, that the above and foregoing Bylaws are hereby duly
adopted as the bylaws of the Corporation and that the same do now
constitute the bylaws of the Corporation.
This Consent of Directors of the Form Condominiums Owners Association, Inc. in Lieu
of Meeting shall be effective the __LL
BYLAWS OF EVERETT PLACE CONDOMINIUMS OWNERS ASSOCIATION, INC. - 13
CERTIFICATE OF SECRETARY
I, the undersigned, do hereby certify that:
1. I am the duly elected and acting Secretary of the Everett Place Condominiums
Owners Association, Inc., an Idaho nonprofit corporation; and
2. The foregoing Bylaws, comprising twelve (12) pages including this page,
constitute the Bylaws of the Everett Place Condominiums Owners Association, Inc., and were
duly adopted by the Board of Directors pursuant to that "Consent of Directors of the Everett
Place Condominiums Owners Association, Inc. in Lieu of Meeting" dated effective the
day of August, 2007.
IN WITNESS WHEREOF, I have here o bscribed my hand and attest the act of the
Corporation effective the �2�'"day of Aug 7
2007.
Secretary
BYLAWS OF EVERETT PLACE CONDOMINIUMS OWNERS ASSOCIATION, INC. - 14
L VERETT PLA CE CONDOMINIUMS
A eoAwokivuk PROJECT
PURSUANT TO
IDAHO CODE, TITLE 55 CHAPTER 15 BEING
LOT 9 OF ANDREWS ADDITION NO. 2
SAD /SON COUNTY, IDAHO
PART OF THE NW 1/4 or SECTION 25
TOWNSHIP 6 NORTH, RANGE 39 EAST, B.
EXAMINING SURVEYOR
A. certi /y that / hone examined this p/ol and find 7 to
be correct and acceptable as required by Section 50 -1305
of the /doho Code.
Dole.
✓e// oms, P.L.S.
/doho License No.
Dole.
D1.8. Deportment
CITY ACCEPTANCE
The occomponying plot #as duly accepted and approved by the City Council
of Rexburg, /doho by resolulion adopted this day of ,2008.
oyor
My Clerk
RECORDER'S CERTIF /CA TE
A. hereby certify that the foregoing plot of the EWRETT 7A COl�t l� /U�Sr SOIy
COUNTY, IDAHO, *as lied fn the ol/fce of the recorder o! son County, Idaho on
the o 2008 al and recorded as instrument
County Recorder
TREASURER'S CERTIFICA TE
d the undersigned County Treasurer m and for the County of 406d4son, Stole of ddoho, per the
requirements of /doho Code 50 -13064 do hereby certify that all county property texas due for
the property included to this project ore current.
Dote:
d�son County Treasurer
Ctly Engineer
Planning & Zoning Administrolor
EET 1 of 21
HARPER —LEA VITT ENGINEERING, INC.
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
985 N. CAPITAL AVE., P.O. Box 50691, IDAHO FALLS, IDAHO 83405 (208) 524 -0212
DRAWN BY: T.R.B.
VICINITY MAP
NOT TD SCALE
L XERETT PLACE CONDOt117NI UM$
A CONDOAtINluk PROJECT
NOT TO SCALE
DIMENSIONS TYPICAL
Enterance
PURSUA/VT TO
IDAHO CODE, TITLE 66 CHAPTER 16 BEING
LOT 9 OF ANDREr{'S ADDITION NO, 2
MADISON COU,HTY, IDAHO
PART OF THE N1' f14 OF SECTION 25 CENTER SEC.
TOWNSHIP 6 NORTH, RANGE 39 EAST, B.M CORNER SECTION
25 T. 6 N� 7 . R.
39E.. ALUM. CAP
INST, N0. 267991
8
K
EVERETT PLACE
(Public Street) g
Planter
89'48' 14" E
76.96' -7
LOT 9 °
9,175 sq. ft,
0.211 acres
Asphalt
'_
—
Curve
10.17
10
40'
O
rz
Chord Distonce
overhong
59,65'
LOT 10
LOT 8 O
S 8657'OT
UNIT 1
p '" C
Exisiting Building r
O
See Layout Details
111
Shared Parking
On This Page
to the
10.15
1
STOR N
°
EASE ENT
— — — — — -- R—
84.97' N.O.B
S 89'4 W
S 89'48' 14" �V
430.26'
Curb Q
S 1/4 SECTION —
CORNER SECTION
QOM' )
25 T. 6 N.. R. 39
E., BRASS CAP
INST, NO. 185048
CURVE TABLE
Q- Set 1/2"x24" iron rod #ith
-cop marked P.L.S. 466
p/osli 3
Curve
Rodius
Delta
I Length
hard eoring
Chord Distonce
C1
59,65'
7'43'35"
I EL
S 8657'OT
804'
UNIT 1
LEGEND
►-►1 Section control corners
GRAPHIC SCALE
20 0 10 w 40 m
ELEVATION IIIIIIII
TYPICAL UNIT
( IN FEET )
NOT TO SCALE I Inch = 20 ft
r
r
a
o.
�o
M
N
.a
.n c
.c Z
m
\1 25
36
BOUNDARY DESCRIPTION
EV£RErr PLACE CONDO,I/fp /U4/S
Port of Section 25, wnsh 6 North, Range d9 Eosf, B, ., 4i/ ,dson County, Idaho described or
Beginning at a point shot is N00'1665 816.65 feet along the seclfon /the and S89'46W
430.26 feet to the SE corner of said Lot 9 of Andres Addition IVo. 2 from the South f14
corner of said Section 26 and running thence S894874V 84.97 feet to the S* corner of said
Lot 9; thence Ap0'11'46'N' 10746 feet to the A* corner of sord Lot 9; to the pain( of curve
of o non tangent curve to the rght, of #hkh the radius pant /%es 50754 %f 1 *E, o rodro/
distance of 59.66 feet. thence east along the arc, through a central angle of 0743".36 ; o
distance of &04 feet thence N89 T 75.96 feet to the NE corner of said Lot 9,• thence
S00• /f%46`$ 10&00 feet to the PO/1VT OF B£G/NNIIV
Con!aining 0 .2f acres.
OWNER'S DEDICA T /ON
BE /T K)Voo that #e the undoesagned; do hereby cart % /y that #e ore the /ego/ o #ners of the
properly sho #n and described hereon, to be hereafter k oa: EWRETr PLACE C640*IAMUIVS
and that ike hereby give, grant and dedreafe, to the pub /%c, for uset o// streets and easements
shoon hereon. k*e further cerlity that the units shoos hereon sho /I be served by o mun%c)ol
#oter system, maintained by the C%ty of Rexburg, Idaho.
/Fitness our hands this d2y o/_. 2008.
Slate of Idaho
Corkin Scott
ACKNOWLEDGMENT
Stole of Idaho:
County of Wod %son:
On this doy of %n the year 2008, before me
personol/v oppeo proved to me on the boss o sons oc ory
evidence fo be the person ose name is subscribed to the 04thin instrument, and
ocknoo that they executed the some.
Awory Public
,Vy Commission Expir
SURVEYOR'S CERTIFICATE
K %m H. Leant, o registered professional surveyor in the Slate of Idaho d h¢reby �'e %fy
thot the survey o/ this subd %vision, des4noted as EWR4rrr PLACE C0 DOM /l� /UMS, MADISON
COUNTY, /Q4ff0, 0 mode by me or under my direction, and that said subdivision %s truly
and correctly stoked as provided by look and in accordance ppith the accompanying plot as
descr %bed in the Omer s Dedicotion, y\O �aL LA
�GISTERF 4 P L
Dote: D
0
Kim H. Leovitt, PL.S a 4563
1��9Tf OF
h. LEA`1�
DEDICA TION OF COMMON &
LIMITED COMMON AREAS
The Common areas and access designed on this plot are intended for the use and enjoyment
of the un %t o *ner's as more fully provided in the Condominium Decloration for the Ey£RETT
PLACE CO/VDO,I/IN/U,1/S, 0 dec/orotton %s hereby incorporated by reference and mode o port
hereof. The Limited Common creas ore for the expressed use by the o #hers as des %gnoted by
the DeClorodon. S HEET 2 of 2
UPPER LEVEL
TYPICAL BUILDING LAYOUT
NOT TO SCALE
DMENSIONS TYPICAL
GROUND LEVEL
TYPICAL BUILDING LAYOUT
Q- Set 1/2"x24" iron rod #ith
-cop marked P.L.S. 466
p/osli 3
2nd
Floor
UNIT 3
UNIT 4
ra- Found 1/2 "x24 " iron rod #%th
T yelto� cop marked P.L.S. 9369
P.O.B. Point of Beginning
1 s t
Floor
LC Limited Common Areas
UNIT 1
UNIT 2
C Common Areas
GRAPHIC SCALE
20 0 10 w 40 m
ELEVATION IIIIIIII
TYPICAL UNIT
( IN FEET )
NOT TO SCALE I Inch = 20 ft
r
r
a
o.
�o
M
N
.a
.n c
.c Z
m
\1 25
36
BOUNDARY DESCRIPTION
EV£RErr PLACE CONDO,I/fp /U4/S
Port of Section 25, wnsh 6 North, Range d9 Eosf, B, ., 4i/ ,dson County, Idaho described or
Beginning at a point shot is N00'1665 816.65 feet along the seclfon /the and S89'46W
430.26 feet to the SE corner of said Lot 9 of Andres Addition IVo. 2 from the South f14
corner of said Section 26 and running thence S894874V 84.97 feet to the S* corner of said
Lot 9; thence Ap0'11'46'N' 10746 feet to the A* corner of sord Lot 9; to the pain( of curve
of o non tangent curve to the rght, of #hkh the radius pant /%es 50754 %f 1 *E, o rodro/
distance of 59.66 feet. thence east along the arc, through a central angle of 0743".36 ; o
distance of &04 feet thence N89 T 75.96 feet to the NE corner of said Lot 9,• thence
S00• /f%46`$ 10&00 feet to the PO/1VT OF B£G/NNIIV
Con!aining 0 .2f acres.
OWNER'S DEDICA T /ON
BE /T K)Voo that #e the undoesagned; do hereby cart % /y that #e ore the /ego/ o #ners of the
properly sho #n and described hereon, to be hereafter k oa: EWRETr PLACE C640*IAMUIVS
and that ike hereby give, grant and dedreafe, to the pub /%c, for uset o// streets and easements
shoon hereon. k*e further cerlity that the units shoos hereon sho /I be served by o mun%c)ol
#oter system, maintained by the C%ty of Rexburg, Idaho.
/Fitness our hands this d2y o/_. 2008.
Slate of Idaho
Corkin Scott
ACKNOWLEDGMENT
Stole of Idaho:
County of Wod %son:
On this doy of %n the year 2008, before me
personol/v oppeo proved to me on the boss o sons oc ory
evidence fo be the person ose name is subscribed to the 04thin instrument, and
ocknoo that they executed the some.
Awory Public
,Vy Commission Expir
SURVEYOR'S CERTIFICATE
K %m H. Leant, o registered professional surveyor in the Slate of Idaho d h¢reby �'e %fy
thot the survey o/ this subd %vision, des4noted as EWR4rrr PLACE C0 DOM /l� /UMS, MADISON
COUNTY, /Q4ff0, 0 mode by me or under my direction, and that said subdivision %s truly
and correctly stoked as provided by look and in accordance ppith the accompanying plot as
descr %bed in the Omer s Dedicotion, y\O �aL LA
�GISTERF 4 P L
Dote: D
0
Kim H. Leovitt, PL.S a 4563
1��9Tf OF
h. LEA`1�
DEDICA TION OF COMMON &
LIMITED COMMON AREAS
The Common areas and access designed on this plot are intended for the use and enjoyment
of the un %t o *ner's as more fully provided in the Condominium Decloration for the Ey£RETT
PLACE CO/VDO,I/IN/U,1/S, 0 dec/orotton %s hereby incorporated by reference and mode o port
hereof. The Limited Common creas ore for the expressed use by the o #hers as des %gnoted by
the DeClorodon. S HEET 2 of 2
UPPER LEVEL
TYPICAL BUILDING LAYOUT
NOT TO SCALE
DMENSIONS TYPICAL
GROUND LEVEL
TYPICAL BUILDING LAYOUT