HomeMy WebLinkAboutMULT DOCS & PLAN - 04-00434 - 545 S 2nd E - Aspen Village Apartments - Planned Unit DevelopmentPlanning and Zoning Commission
City of Rexburg
Subdivision Application
•
Application for Approval of Preliminary Subdivision Plat
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 Preliminary plats shall 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:
1. The name of the proposed subdivision: As Pen / M Acct e. L L.0
AP - -
2. The location 54T S. Z „d Lr i4 Y,6k% /D,Sacr-s Number of Lots 9
3. The names, addresses and telephone numbers of the subdivider or subdividers and the
engineer or surveyor who prepared the plat:
Name Address Phone Numbers
Subdivider 100., r e \ �) � 3 z- Z Pk n c.,nlc�o,w, w X
Engineer s�cG� £v�5iy�e2r�v� (tj R.sfs sso N 2no �, (art
Surveyor ForItOCa /
4. The name and address of all property owners within 300 feet of the 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. - Place on Preliminary Plat.
5. The legal description of the subdivision. - Place on Preliminary Plat.
3 rd�8ozo8i” )
cs Zia - 3 5(O-9 zo
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. Akk5,1�_ pig.
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. 94cr_ p) cc� Wt ArP
i
8. A vicinity map showing the relationship of the proposed plat to the surrounding area (' /2
mile of minimum radius, scale optional). 5'e'e- 0 \k M q
9. The land use and existing zoning of e proposed subdivision td the adjacent land.
10. Does subdivision conform to present zoning? yes
11. Requested zoning MrergA� K rtt-k `� "� ►'E� � �'�'�"��'�
12. Variance Requested. Yes No x (If yes, attach written request)
13. Requesting annexation to City? kr"* Cos C�
14. Streets, street names, rights -of -way, and roadway widths, including adjoining streets or
roadways, curbs and sidewalks d w p s= 1
15. Lot lines and blocks showing the dimensions and numbers of each.
16. Contour lines, shown at five (5) feet intervals where land slope is greater than ten
percent (10 %) 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.
5---e Q\ AA Mhe
17. A site report as required by the appropriate health district where individual wells or
septic tanks are proposed, this shall be in the form of a letter. N a} P - $ - O
18. 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. SQ2 P \g,k M fNI-e
19. Public services and other departments. approval: (signatures necessary)
a. water f. City Engineer
g. Planning Commission
h. City Council
b. sewer
c. fire and police_
O electric and/or gas
e. street and traffic
20. A copy of any proposed restrictive covenants and/or deed restrictions. (To be attached
or submitted with final plat) fie- �,� d a c
21. Any dedications to the public and/or easements, together with a statement of location,
dimensions, and purpose of such. '5ec \c - A ASP
FOR OFFICE USE ONLY
1. Date received
2. Date of P & Z action
3. Action taken by P & Z
4. Date Madison County Surveyor Fees paid - (Resolution No. 249 - May 13, 2002)
paid as follows: Make check payable to (Madison County)
a) Subdivisions with 2 -10 lots $250.00 Date
b) Subdivisions with 11 -25 lots $500.00 Date
c) Subdivisions with 25 or more lots $1,000.00 Date
5. Date of Council action
6. Action taken by City
7. Date of final plat approval P & Z
City Council
8. Water and sewer approval State Health
City of Rexburg
Kathy Winters
P.O. Box 280
Rexburg, Idaho 83440
Dear Kathy,
0
Please find enclosed my application for the P.U.D. subdivision of Aspen Village
Apartments. Also, find enclosed a check for $250. Ty Briggs of Forsgren Engineering
will be bringing in the subdivision plan as part of the application.
As we discussed, I will be submitting the By Laws and the CCR's for the PUD after
preliminary approval of the subdivision map.
Please let me know if there is any additional information you need for this application.
We are planning on having this presented on the January 6 t ', 2005 meeting with planning
and zoning for preliminary approval.
Sincerely,
bbl
Darrel Dickson
Aspen Village
3252 Phillips Avenue
Enumclaw, Washington 98022
360 - 802 -0817
002
0 0
To: City of Rexburg
Planning and Zoning Commission
C/O Mr. Kurt I Iibbert Assistant / Kathy
Re: Aspen Village Subdivision Application
Dear Kathy,
Can you please review this Application for Approval of Preliminary Subdivision Plat and
let me know if there is anything else that needs to be completed before our meeting on
the 6" of January 2005.
Also if you could let nie know what the fee is for the final Application I would appreciate
the information.
Thank you very much.
Sincerely,
Darrel Dickson
ASPEN VILLAGE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION is made on the day of , 2005, by ASPEN
VILLAGE REXBURG I, LLC, a Delaware limited liability company (the "Declarant ").
BACKGROUND
A. Declarant owns all of the property described in the plat of Aspen Village
Apartments, as per plat recorded in
records of County, Idaho.
B. Declarant desires to preserve and enhance the property values, amenities, and
opportunities of the Lots described herein, collectively referred to herein as "Aspen Village,"
and to provide for the health, safety and welfare of the residents. To this end, Declarant
desires to subject the property to the covenants, restrictions, easements, charges and liens set
forth in this Declaration, all of which are for the benefit of the property and each owner.
DECLARATION
Declarant hereby declares that the property described herein as "Aspen Village" is and
shall be held, transferred, sold, conveyed, and occupied subject to the covenants, conditions,
restrictions, easements, charges, and liens set forth in this Declaration.
Declarant hereby delegates and assigns to Aspen Village Association, LLC (the
"Association"), the power of maintaining and administering all of the Common Areas of Aspen
Village, administering and enforcing the covenants and restrictions contained herein or
otherwise affecting the Property, collecting and disbursing the assessments and charges created
in this Declaration, and promoting the recreation, health, safety, and welfare of the residents.
In addition, to the extent set forth in a contract approved pursuant to Section 2.2 hereof,
Declarant delegates and assigns to the Property Manager, as defined and, selected herein, the
power of maintaining and administering each of the Lots and buildings on the Lots, including
the interior and exterior of the buildings.
ARTICLE I =a
Defmitions
Section 1.1. "Association" shall mean the association of Owners, the members of
which will consist of the Owners of the Lots. The name of the Association will be Aspen
Village Association, LLC.
(Dickson- IdahoCC& Rs)
fi
Section 1.2. "Aspen Village" shall mean the planned unit development of Aspen
Village Apartments, as per plat recorded in records of
County, Idaho.
Section 1.3. "Board" or "Board of Directors" shall mean the Manager of the
Association.
Section 1.4. "Common Areas" shall consist of all of the property included within
Aspen Village except for the residential buildings currently existing and residential or
commercial buildings hereafter approved as set forth herein and constructed on the Property.
Section 1.5. "Declaration" shall mean the covenants, conditions, and restrictions
and all other provisions set forth in this Declaration, as they may from time to time be
amended.
Section 1.6. "Declarant" shall mean the initial owners of the Lots in Aspen Village
as described in Paragraph A of the Background section of this Declaration.
Section 1.7. "Federal Mortgage Agencies" shall mean those federal agencies which
may have an interest in the properties, such as the Federal Housing Administration, the U.S.
Department of Veteran's Affairs, the Federal National Mortgage Association, the Federal
Home Loan Mortgage Corporation, or the successors to their interests.
Section 1.8. "First Mortgagee" shall mean a lender who holds the first mortgage on
a Lot and who has notified the Association in writing of its holdings..
Section 1.9. "Lot" shall mean any numbered parcel of land shown upon any
recorded subdivision of the Property.
Section 1.10. "Manager" shall mean the Manager of the Association.
Section 1.11. "Member" shall mean an "Owner" as defined herein.
Section 1.12. "Mortgage" shall include a deed of trust or other instrument creating a
security interest in real property.
Section 1.13. "Notice" shall mean written notice delivered as set forth herein.
Section 1.14. "Operating Agreement" shall mean the Operating Agreement
established by the Association for the management and operation of the Association.
Section 1.15. "Owner" shall mean every person or entity, including the Declarant,
which is an Owner of record of the fee simple title to any Lot, or if any Lot is sold under real
estate contract, the vendee or vendees under the contract; provided, however, that the term
]Dickson- IdahoCC &Rs]
-2-
12/22/04
"Owner" shall not include those having such interest merely as security for the performance of
an obligation.
Section 1.16. "Person" shall mean a natural person, corporation, partnership, limited
partnership, limited liability company, proprietorship or trust.
Section 1.17. "Aspen Village Association, LLC" means a limited liability company
to be formed to serve as the role of the Association under this Declaration. Management of
Aspen Village Association, LLC will be by a Manager, with the Property Manager being the
Manager of the Association.
Section 1.18. "Property" shall mean and refer to the real property referred to herein
as Aspen Village.
Section 1.19. "Property Manager" shall mean the Property Manager selected pursuant
to the terms of this Declaration.
Section 1.20. "Residential Lot" shall mean Lots on which a residential building has
been or is hereafter constructed. Currently there are seven (7) residential lots (lots 1,2,4,5,6,7
and 8).
Section 1.21. "Voting Power" means the power of Members to vote on issues
because of their ownership of a Residential Lot. The total Voting Power will equal the total
number of Residential Lots of Aspen Village. Further voting rights are described in Article IV.
ARTICLE H
Property Management
Section 2.1. Egli
U . It is the intent of the Declarant, that all of the Property,
including the buildings as well as the common area, be managed by one Property Manager.
The Association will hire a Property Manager to manage the Common Areas. Each Owner
will hire the Property Manager to manage and maintain its Lot, but, with permission of the
Property Manager, an Owner may maintain the interior spaces of a building on its Lot.
Section 2.2. Selection The initial Property Manager will be
. The terms of the contract with the initial Property Manager or its
successors, will be subject to the approval of a majority of the Members of the Association;
provided, however, the contract will be terminable upon 90 days and will be written on a
year -by -year basis unless approved by a majority of the Voting Power of the Association.
Amendments to the contract with the Property Manager will also be subject to the approval of
a majority Members of the Association.
(Dickson- IdahoCC &Rs] -3- 12/22 /04
Section 2.3. Duties The duties of the property management will be set forth in the
contract with the Property Manager. Unless modified by that contract, the duties will consist
of maintainin the Common Areas, leasing the apartment units in the buildings, maintaining,
repairing, and replacing the interior and exterior of the buildings as well as the permanently
installed fixtures, plumbing, light fixtures and bulbs (except floor, standing and swag lamps) all
attached floor coverings, trees, plants and shrubs in the yard, built -in appliances, blinds,
bathroom fixtures, and attached heating and cooling systems. The Property Manager will also
put the rental units in rentable condition once they are vacant, advertise for new tenants, sign
contracts with the tenants on behalf of the applicable Owner, collect rental payments, and pay
utilities with respect to the rental units. Property Manager will not pay the real property taxes
on Lots upon which residential buildings are located or Owners' mortgage or similar payments.
Property Manager will arrange for liability insurance on the Common Areas, pay the premium
thereof, and also pay the real property taxes on the Common Areas (if assessed separately from
the Lots) and other Common Area expenses.
Section 2.4. Removal The Property Manager may be removed prior to the end of
the term of the property management contract only upon the written approval of the Owners
representing a majority of the Voting Power of the Association.
Section 2.5. Replacement If the Property Manager resigns, is removed, or the
position is otherwise vacant, a replacement Property Manager may be selected by a majority of
the Members of the Association.
Section 2.6. Power of Attorney Declarant, as Owner of all of the Property, for
itself and its successors and assigns, does hereby appoint the Property Manager to act as its
attorney -in -fact in performing the duties of the Property Manager as set forth herein and
authorize the power of attorney to execute on its behalf such documents as the Property
Manager deems appropriate in fulfilling the Property Manager's duties.
ARTICLE III
Common Areas and Easements
Section 3.1. Description of Common Areas Common Areas shall initially consist
of private roads, parking areas, Clubhouse, swimming pool, storage and maintenance
building, refuse areas, and open spaces as depicted on the Plat.
Section 3.2. Owners' Easements of Enjoyment Each Owner shall have a right and
a nonexclusive easement of enjoyment in and to the Common Areas and for ingress and egress
over and through the Common Areas and such easement shall be appurtenant to and shall pass
with the title to every Lot, subject to:
[Dickson- IdahoCC &Rs] — 4— 12/22/04
(a) The right of the Manager or the Association to adopt reasonable rules
governing the use of the Common Areas and the personal conduct of persons authorized to use
said areas, and to establish appropriate penalties for the violation of those rules.
(b) The right of the Association to dedicate or transfer by deed or
easement all or any part of the Common Areas to any public agency, authority, or utility. No
such dedication or transfer shall be effective without the approval of of the
Residential Owners, and approval by the First Mortgagees as set forth below.
(c) The right of the Association to suspend the voting rights of an Owner
for the period during which any assessment against the Owner's Lot remains unpaid, and for a
period not to exceed sixty (60) days, for any infraction of its published rules and regulations.
Section 3.3. Delegation of Use Any Owner may delegate his/her right of
enjoyment to the Common Areas and facilities to the members of his/her family, tenants, or
guests, subject to the limitations set forth in this Declaration.
Section 3.4. Lot 3 . Declarant will transfer ownership of Lot 3 and the storage
units located on that Lot to the Association. The Manager will have the right to rent the
storage units at such prices as it deems appropriate. The income from the rentals, after
expenses, will be used by the Association to off -set other Association expenses.
ARTICLE IV
Association
Section 4.1. Form of Association The Association shall be a limited liability
company organized under the laws of the State of Idaho, Chapter , and shall be
known as Aspen Village Association, LLC. The form of the Operating Agreement of the
Association must be approved by Owners who hold a majority of the Voting Power of the
Association and any amendment thereto must be approved by the same standard for amending
this Declaration.
Section 4.2. Membership Every Owner of a Residential Lot shall be a Member of
the Association. Membership shall be appurtenant to and may not be separated from
ownership of any Lot. Ownership of a Lot shall be the sole qualification for membership.
Section 4.3. Voting Each Owner shall be entitled to one vote for each Residential
Lot owned. When more than one person holds an interest in any Residential Lot, all such
persons shall be Members. The vote for such Lot may be divisible and exercised as the
Owners determine, but in no event shall more than one vote be cast with respect to any Lot.
(Dickson- IdahoCCBRs] -5- 12/22/04
Section 4.4. Meetings Meetings of the Members may be called at any time by the
Property Manager or on written request of Members entitled to vote having, in the aggregate,
ten percent (10 or more of the votes.
Section 4.5. Notice of Meetings Written notice of each meeting of the Members
will be given by, or at the direction of, the Manager or other person authorized to call the
meeting, by hand delivering or by mailing a copy of such notice, postage prepaid, not less than
fourteen (14) nor more than sixty (60) days before such meeting to each Member entitled to
vote at the meeting, addressed to the Member's address last appearing on the books of the
Manager, or supplied in writing by such Member to the Manager for the purpose of notice.
Such notice will specify the place, day, and hour of the meeting, and the items on the agenda to
be voted on by the Members, including the general nature of any proposed amendment to the
Declaration. All meetings will be held at such place as is convenient for the Members as
determined by the Manager.
Section 4.6. Manner of Voting At all meetings of Members, each Member may
vote in person, by mail, or by proxy. When more than one (1) person holds an interest in any
Lot, all such persons shall be Members. The vote for such Lot shall be divisible and exercised
as the Owners determine, but in no event shall more than one (1) vote be cast with respect to
any Lot. A voting agent may be designated by the Owner or Owners of a Lot by written
notice signed by each party with an ownership interest and filed with the Manager. The voting
agent need not be an Owner. Any designation of voting agent may be revoked at any time by
any one of the parties with an ownership interest in the Lot on written notice filed with the
Manager. Such designation is deemed revoked when the Manager receives actual notice of the
death or judicially declared incompetence of the Owner of the Lot, or of the conveyance of
such ownership interest. When no designation is made, or where designation has been made
and revoked and no new designation has been made, the voting agent is the person or group
composed of all Owners of that Lot who attend any meeting of the Association. A proxy is
void if it is not dated or purports to be revocable without notice. Unless stated otherwise in
the proxy, a proxy terminates eleven (11) months after its date of issuance.
Section 4.7. Voting Without a Meeting Any matter requiring a vote of the
Association will require notice to all of the Members. No meeting will be required, however,
if, at the time of the proposed meeting, Owners representing a sufficient number of votes to
approve the proposed measure have submitted a written vote or proxy in favor of the proposed
motion. In that case, the proposal will be deemed approved without the necessity of a
meeting.
(Dickson- idaho=Rs] -6- 12/22/04
Section 4.8. Management of Association
(a) The Association shall be managed by a Manager elected or appointed
in accordance with the Operating Agreement of the Association. It is the intent that the
Property Manager will be the Manager of the Association.
(b) The Association and the Architectural Control Committee shall have
the authority to review and act upon proposals and plans submitted to them and to perform
such duties as are set forth in this Declaration.
(c) Neither the Manager nor the Architectural Control Committee shall be
liable to the Association or to any Owner for any damage, loss or prejudice resulting from any
action taken in good faith on a matter submitted to the Association or the Architectural
Control Committee for approval or failure to approve any matter submitted to the Manager or
the Architectural Control Committee. The Manager and the Architectural Control Committee
may consult with the Association or any Owner with respect to any plans, drawings,
specifications or any other proposals submitted to the Manager of the Architectural Control
Committee.
Section 4.9. The Owners holding a majority of the Voting Power of the Association
may at any meeting of the Owners at which a quorum is present, remove the Manager with or
without cause and may select a new Manager.
ARTICLE V
Assessments
Section 5.1. Covenants and Creation of Lien for Maintenance Assessments
(a) Each Owner of a Lot by acceptance of a deed or real estate contract
therefor, whether or not it shall be so expressed in any such deed or other conveyance, is
deemed to agree to pay to the Association (i) general assessments or charges to fund common
expenses for the general benefit of all Lots; (ii) special assessments for capital improvements;
and (iii) specific assessments to provide specific benefits or services to specific Lots or Tracts.
(b) The general, special and specific assessments, together with interest,
costs and reasonable attorney's fees shall be a charge and continuing lien upon the Lot against
which each such assessment is made. Such lien may be foreclosed by the Association in the
same manner as a Mortgage or Deed of Trust on real property.
(c) Each assessment, together with interest, costs, and reasonable
attorney's fees shall also be the personal obligation of the person who was the Owner of the
Lot at the time the assessment fell due. The personal obligation shall not pass to the Owner's
[Dickson- idahoCC &Rs] —7— 12/22/04
successors -in- interest unless expressly assumed by them. The new Owner shall be personally
liable for assessments which become due on and after the date of sale or transfer.
Section 5.2. PuMose of Assessments The assessments levied by the Association
shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare
of the residents of the Property, the improvement, insurance, maintenance and repair of the
Common Areas, interiors and exteriors of buildings, and landscaping, advertising units for rent,
payment of taxes on the Common Areas, other expenses related to the Common Areas,
administrative expenses incurred by the Property Manager, Property Manager's fees, payment
for the services and facilities related to the use and enjoyment of said areas, and fulfilling the
Association's responsibilities under this Declaration. Landscaping located on individual Lots
will be deemed part of the Common Areas, to be maintained by the Association as a common
expense.
Section 5.3. Payment of Expenses and Fees Each Owner will pay its share of the
expenses pertaining to the Residential Lot it owns within ten (10) days after being notified by
the Property Manager as to its share of the expenses incurred. With respect to expenses that
relate to a Residential Lot, Owner shall pay its share of those expenses based on its percentage
of ownership of that Residential Lot. Without limiting the foregoing, replacement of the roofs
and repainting the buildings will be an expense that relates to the Residential Lot. With respect
to expenses relating to the Common Areas and any improvements thereon, each Owner of a
Residential Lot will pay its share of the expenses that are incurred in connection with the
Common Areas. The Owner's share of the Common Area expenses will be based on the
number of Residential Lots (or a portion thereof) owned by Owner divided by the total number
of Residential Lots. Property management fees will be paid on the same basis as Common
Area expenses.
Section 5.4. Budgets and Reserves Unless two- thirds of the Owners owning
Residential Lots elect ,otherwise in writing, expenses will be paid as they are incurred. The
monthly expenses will not be spread out evenly over the year and Manager will not be required
to establish a reserve for future expenses or capital improvements. Upon the election of the
Owners to establish regular or special budgets, then the Manager of the Association will
establish the budget and will set a date for a meeting of the Owners to consider ratification of
the budget not less than 14 nor more than 60 days after mailing a summary of the budget to the
Owners. Unless at that meeting the Owners of a majority of the votes in the Association reject
the budget, in person or by proxy, the budget will be deemed ratified, whether or not a quorum
is present. In the event the proposed budget is rejected or the required notice is not given, the
previous budget last ratified by the Owners will continue until such time as the Owners ratify a
subsequent budget as set forth herein.
Section 5.6. Special Assessments for Capital Improvements Capital
improvements, such as repaving the roadways, repainting the buildings or replacing the roofs,
will be done upon the approval of a majority of the Owners of Residential Lots. Once so
approved, the cost of such improvements will be paid by the Owners pursuant to Section 5.3,
[Dickson- IdahoCC &Rs) —8— 12/22/04
depending upon whether they are improvements to the Lot or the Common Areas. Repaving
the roadways and parking areas will be deemed a Common Area expense. Any Owner may
repair or replace the roof or repaint the building that it owns, at its sole expense, so long as it
obtains the prior approval of the Architectural Control Committee.
Section 5.7. Specific Assessment The Manager may specifically assess against
particular Lots expenses incurred by the Association to provide specific benefits, items, or
services made necessary by the conduct of the owner, or its licensees, invitees, or guests,
including but not limited to damage to Common Areas. Specific Assessments may be levied by
the Manager after notice to the Owner and an opportunity for a hearing.
Section 5.8. Commencement of Assessments The assessments shall commence as
to each Lot within the Property on the first (1 st) day of the month following recordation of this
Declaration.
Section 5.9. Certificate The Association shall upon demand furnish a certificate in
writing signed by the Manager setting forth whether the assessments on a specified Lot have
been paid. A reasonable charge may be made by the Manager for the issuance of these
certificates. Such certificate shall be conclusive evidence of payment of any assessment stated
to have been paid.
Section 5.10. Effect of Nonpayment of Assessments: Remedies of Property
Manager Any assessments which are not paid when due shall be delinquent. A late charge
equal to five percent (5 1 /6) of the amount overdue shall be charged for any payment made more
than ten (10) days past the due date. In addition, if the assessment is not paid within thirty
(30) days after the due date, the assessment shall bear interest from the due date at the rate of
twelve percent (12 %) per annum, and if not paid within sixty (60) days the Manager may file a
lien against the Lot. The Manager may bring an action at law against the Owner obligated to
pay the assessment, or, when deemed necessary, may foreclose on the lien after sixty (60) days
but prior to ten (10) years from date of assessment, and in either event, interest, costs, and
reasonable attorney's fees shall be added to the amount of such assessment. No Owner may
waive or otherwise escape liability for annual or special assessments by nonuse of the Common
Areas or by abandonment of his or her Lot.
Section 5.11. Subordination of Lien to Mortgages The lien of the assessments
provided for in this Declaration shall be subordinate to the lien of any first Mortgage. Sale or
transfer of any Lot shall not affect the assessment lien. However, where the mortgagee of a
Mortgage of record or other purchaser of a Lot obtains possession of the Lot as a result of
foreclosure of a mortgage, or by deed or assignment in lieu of foreclosure, such possessor, his
or her successors and assigns, shall not be liable for the share of the common expenses or
assessments by the Association chargeable to such Lot which became due prior to such
possession. Such unpaid share of common expenses or assessments shall be deemed to be
common expenses collectible from all of the Owners, including such possessor, his or her
successors and assigns.
(Dickson- Idaho=Rs] —9— 12/22/04
Section 5.12. Exempt Property The following Property shall be exempt from the
payment of annual and special assessments:
(a) All portions of the Property dedicated to and accepted by a local
public authority.
(b) The Common Areas and other areas set aside for nonresidential use.
Section 5.13. Maintenance Building A portion of Lot 3 currently has a building on it
operated as a storage and maintenance building (the "Maintenance Building "). Although this is
located on a lot, it is and will be a Common Area. The Owner of Lot 3 is to obtain liability
insurance and fire insurance with an extended coverage endorsement on the building and
improvements of the Maintenance Building, all in amounts that the Manager may reasonably
request. The Association will be named as an additional insured on each of those policies. The
Association will either pay the insurance company directly or reimburse the Owner of Lot 3 for
the cost of such insurance as well as any expenses pertaining to the Maintenance Building,
including real or personal property taxes assessed against the Maintenance Building or its
improvements. In case of damage or destruction, the Owner of Lot 3 hereby irrevocably
assigns the proceeds of any insurance or any claims against persons for damage or destruction
to the Maintenance Building to the Association.
ARTICLE VI
Architectural Control Committee
Section 6.1. Appointment and Membership There is hereby constituted an
Architectural Control Committee (the "ACC ") consisting of not less than three (3) nor more
than seven (7) persons. The Members of the ACC do not have to be Owners. The initial
membership of the ACC shall consist of the following persons:
Craig Burrows
2. Darrel Dickson
Gary Nickles
Members will remain in this position until they resign or they are removed by a majority
vote of the Owners. A majority of the ACC may designate a representative to act for it.
Section 6.2. Guidelines The ACC shall have the authority to adopt and amend
written guidelines to be applied in its review of plans and specifications, in order to further the
intent and purpose of this Declaration and any other covenants or restrictions covering the
Property. If such guidelines are adopted, they shall be available to all Members upon request.
Dickson- IdahoCC$Rs] -10— 12/22/04
Section 6.3. Duties The ACC shall have the authority to review and act upon
proposals and plans submitted and to perform other duties set forth in this Declaration.
Section 6.4. Meetings; Compensation The ACC shall meet as necessary to
properly perform its duties, and shall keep and maintain a record of all actions taken at the
meetings or otherwise. Unless authorized by the Association, the Members of the ACC shall
not receive any compensation for their services. All Members shall be entitled to
reimbursement for reasonable expenses incurred in connection with the performance of any
ACC duties.
Section 6.5. No Waiver Approval by the ACC of any plans, drawings or
specifications shall not be a waiver of the right to withhold approval of any similar plan,
drawing, specification, or matter submitted for approval.
Section 6.6. Liabili . Neither the ACC nor any of its Members shall be liable to the
Association or to any Owner for any damage, loss or prejudice resulting from any action taken
in good faith on a matter submitted to the ACC for approval or for failure to approve any
matter submitted to the ACC. The ACC or its Members may consult with the Association or
any Owner with respect to any plans, drawings, or specifications, or any other proposal
submitted to the ACC.
ARTICLE VII
Architectural and Landscape Control
Section 7.1., Approval of Plans gg!quired None of the following actions may be
taken until plans and specifications for the same have been approved in writing by the ACC:
(a) The construction of driveways.
(b) The construction or erection of any building (including outbuildings),
garage, sign, fence, wall or other structure, including the installation, erection, or construction
of any solar collection device.
(c) The remodeling, reconstruction, or alteration (including the painting)
of any building or other structure or driveway.
(d) The planting of any tree which may grow to a height in excess of 16
feet.
Section 7.2. Procedure for Approval Any person wishing to take any of the
actions described above shall submit to the Manager two (2) sets of plans and specifications
showing:
(a) The size and dimension of the improvements;
]Dickson- IdahoCC &Rs] -11- 12/22/04
(b) The exterior design, to include the roof;
(c) The exterior color chart;
(d) The exact location of the improvement on the Lot
(e) The location of driveways and parking areas;
(f) The scheme of drainage and grading;
(g) The proposed landscaping (which shall include the area between the
curb and the sidewalk on the road frontage side of the Lot); and,
(h) Proposed outdoor lighting.
Manager will promptly notify the ACC that it has received this request and these
documents and will provide the ACC access to these documents.
Approval of such plans and specifications shall be evidenced by written notation on
such plans and specifications, one (1) copy of which shall be delivered to the Owner of the Lot
upon which the proposed action is to be taken. The ACC shall not be responsible for any
structural defects in such plans or specifications or in any building or structure erected
according to such plans and specifications. The ACC shall make its decision with thirty (30)
business days from the date the completed plans and specifications are submitted. The parties
seeking approval will have the burden of establishing that it has provided the plans and
specifications to the Manager. Failure to approve or deny plans and specifications within that
period shall be deemed approved.
Section 7.3. Criteria for Approval Approval of plans and specifications may be
withheld or conditioned if the proposed action is contrary to these covenants, other covenants
covering the Property, or design guidelines adopted by the ACC. Approval may also be
withheld or conditioned if, in the opinion of the ACC, the proposed action will be detrimental
to the community because of unreasonable view impact on neighboring properties, or because
of the grading and drainage plan, location of the improvement on the Lot, color scheme, finish
design, proportions, size of home, shape, height, style, materials, outdoor lighting proposed, or
landscaping plan. In evaluating view issues, the ACC shall consider: (1) the right of the Owner
to utilize its property; (2) the interests of the Owner or future Owner with the impacted view;
and, (3) the overall interest of the community in maintaining the value and quality of the overall
project.
Section 7.4. Conformity With Approved Plans It shall be the responsibility of the
ACC to determine that actions have been completed in accordance with the plans as submitted
and approved. Such determination must be made within sixty (60) days of the completion of
the action. If the ACC shall determine that the action does not comply with the plans and
[Dickson- IdahoCC&Rs) —12— 12/22/04
specifications as approved, it shall notify the Owner within that sixty (60) day period, and the
Owner, within such time as the ACC shall specify, but not less than thirty (30) days, shall either
remove or alter the improvement or take such other steps as the ACC shall designate.
ARTICLE VIII
Permitted and Prohibited Uses
Section 8.1. General All Residential Lots shall be used solely and exclusively for
residential purposes. No Lot shall be divided except that, with the permission of a majority of
the Members, the boundary between two Lots may be adjusted. Any building or structure to
be erected, constructed or maintained shall be commensurate in quality with.the other buildings
in the subdivision.
Section 8.2. Business and Commercial Use of Property Prohibited No trade,
craft, business or manufacturing enterprise, or business or commercial activity of any kind shall
be conducted or carried out in any house, garage, or within the Property itself, unless the
following conditions are met: (1) the building associated with the business or commercial use
must serve as the primary residence for that building's Occupant; (2) no vehicle associated with
the business or commercial use shall be parked outside of an enclosed garage for more than
three days; (3) the existence or operation of the business is not apparent or detectable by sight,
sound, or smell, from outside the building; (4) the business activity does not involve regular
visitation of the Lot by clients, customers, suppliers, or other business invitees or door -to -door
solicitation of Lot Owners; and, (5) no goods, equipment, vehicles, and/or materials and
supplies used in connection with any trade, service, or business shall be kept, parked, or stored
outside of a building, or garage, for more than three days without being removed. No
activities shall be engaged in on any Lot which is or may become an annoyance or nuisance to
the surrounding Owners.
Section 8.3, Animals No animals, livestock (including pigs) or poultry of any kind
shall be raised, bred or kept on any Lot except that the Manager may grant exceptions to this
rule but those exceptions will be effective if in writing and may be revoked at any time.
Section 8.4. Garbage and Refuse Disposal No garbage, rubbish or cuttings shall
be deposited on or left on a Lot or anywhere on the Property other than in the designated
garbage areas. Garbage cans and recycling bins provided by the applicable refuse company
shall be placed within designated recycling areas. Garbage cans and recycling bins shall not be
placed at the curb any earlier than twelve (12) hours prior to pick -up, and shall be removed
from the curb no later than twelve (12) hours after pick -up. Should any Owner fail to remove
any trash, rubbish, garbage, yard rakings or other such materials from any Lot or any street
which were deposited by him within two (2) days following the date on which notice is mailed
to him or her by the Association, the Association may have such materials removed and charge
the expense of such removal to the Owner in addition to the assessments made upon him or her
under the provisions of Article V.
[Dickson- IdahoCCBRs] —13— 12/22/04
Section 8.5. Nuisances No noxious or undesirable thing or noxious or undesirable
use shall be permitted or maintained upon the Property. If the Manager or the Association
shall determine that a use is noxious or undesirable, such determination shall be conclusive.
The use of illegal fireworks and the use of motorcycles for purposes other than transportation
to and from Aspen Village shall be considered a nuisance and are prohibited.
Section 8.6. Signs No sign of any kind shall be placed on the Property, except:
(a) signs, approved by the Manager, identifying the Owner and address,
and,
(b) signs designating a Lot or residence for sale or rent.
No such signs shall be of a size greater than five (5) square feet and shall not be of a nature
offensive or obnoxious to persons owning a Lot or Lots within the Property. No business
signs, advertising signs or signs in any way relating to occupation or profession shall be
allowed. Political signs are permitted, subject to the size limit set forth above.
Section 8.7. Oil and Mining Operations Oil drilling or oil development operations,
refining, mining operations of any kind or the operation of quarries, gravel and sand pit, soil
removing or topsoil stripping shall not be permitted on any of the Lots of the Property except
by the Declarant, during the Development Period. No oil wells, tanks, tunnels, mineral
excavations or shafts shall be permitted. No derrick or other structures designed for use in
boring for oil or natural gas shall be erected, maintained or permitted on any Lot.
Section 8.8. Individual Water Systems No individual water supply systems shall
be permitted on any. Lot.
Section 8.9. Fuel Tanks and Above Ground Structures No fuel tank shall be
maintained on any Lot without the prior approval of the ACC. In addition, no elevated tanks
of any kind, shall be erected, placed, or permitted on any Lot. All clotheslines, garbage cans,
equipment, coolers, woodpiles, or storage piles shall be walled in or otherwise suitably
screened to conceal them from the view of neighboring Lots, Common Areas, or streets. Plans
for all enclosures of this nature must be approved by the Manager prior to construction.
Section 8.10. Excavation Except with the permission of the ACC, or except as
may be necessary in connection with the construction of any improvement, no excavation shall
be made nor shall any dirt be removed from a Lot.
Section 8.11. Natural Drainage Except with the approval of the ACC, the natural
drainage of any Lot shall not be changed.
[Dickson- IdahoCCBRs] —14— 12/22/04
Section 8.12. Exterior Lighting Exterior lighting of any sort which is visible from
any street or from any other Lot in the Property shall not be installed without first obtaining
the approval of the ACC.
Section 8.13, Vehicle Parking Common Area parking is provided for the benefit of
the Owners and their tenants, guests and invitees while using the Property. Parking by others
or for other purposes is prohibited. No vehicle may be parked on any Lot, except on
designated and approved driveways or parking areas, which areas shall be hard- surfaced.
If an Owner refuses to remove a vehicle parked or otherwise in violation of this Section
or other provisions of this Declaration, the Manager shall have the power to remove the
vehicle at the Owner's expense and risk.
Except with the approval of the Manager or the ACC, Owners at no time shall keep or
permit to be kept on their Lot or the Common Area any house trailer, unattached camper,
recreation vehicle (R.V.), mobile home, boat or boat trailer, provided, however, that such
vehicles may be parked in the Common Area for no longer than forty -eight (48) hours, to load,
unload, or clean said vehicle. At no time shall Owners be permitted to keep tractor - trailers (or
other large trucks) on their Lot or the Common Area.
Section 8.14. Repair of Vehicles or Equipment No vehicles, motorcycles or other
motorized apparatus, operable or inoperable, shall be stored on a Lot or on the Common Area.
No mechanical repairs shall be conducted upon the Lot or the Common Area, except minor
maintenance and mechanical work by a resident of the Property on said resident's private
vehicle, provided that any such conduct be in a manner which is not offensive to persons
residing in the neighborhood, is not unsightly, does not result in unusual noise or debris being
placed upon the Lot and is in keeping with the residential development.
Section 8.15. Vehicles in Disrepair No Owner shall permit any vehicle which is in
an extreme state of disrepair to be abandoned or to remain parked upon any Lot or on the
Common Area in excess of forty -eight (48) hours. A vehicle shall be deemed to be in an
"extreme state of disrepair" when, in the opinion of the Manager, the vehicle is in the state of
extreme disrepair or that its presence offends the occupants of the neighborhood. Should any
Owner fail to remove such vehicle within three (3) days following the date on which notice is
mailed to him or her by the Manager, the Manager may have the vehicle removed and charge
the expense of such removal to the Owner.
Section 8.16. Utili ty Lines; Radio and Television Antennas No overhead lines or
wires for the transmission of electric current or television or telephone signals shall be
constructed, placed or permitted to be placed outside of the buildings of a Lot, unless the lines
and wires shall be underground or in conduit attached to a building. No exterior aerials,
antennas or microwave receivers (satellite dishes) for television and other purposes shall be
permitted to be installed on any Lot.
[Dickson- IdahoCC &Rs] — 15— 12/22/04
Section 8.17. Firearms No firearms, including BB guns and the like, shall be
discharged upon the Property.
Section 8.18. Authority to Adopt Additional Rules and Restrictions The
Association shall have the authority to adopt additional written rules and restrictions governing
the use of the Property, provided such rules and restrictions are consistent with the purpose of
this Declaration, and to establish penalties for violation of those rules and restrictions. Copies
of adopted rules and restrictions, along with the established penalties shall be available to all
Members upon request.
Section 8.19. Restricted to BYU -Idaho Students The Residential Lots are intended
for BYU -Idaho approved student housing and, as such, their use is restricted to BYU -Idaho
students and their family members.
ARTICLE IX
Insurance Requirements
Section 9.1. Liability Insurance Manager shall maintain, as a common expense, a
Policy of comprehensive public liability insurance naming the Association as an insured,
insuring against any liability arising out of the ownership, use, occupancy or maintenance of the
Commons Areas. The limit for such insurance shall be in an amount that is customary for
homeowner associations in the locale in which this property is located but, in any case, shall be
not less than $1,000,000.
Section 9.2. ' Lender Requirements Regardless of the foregoing, each Owner will
maintain such casualty, flood and liability insurance and a fidelity bond meeting the insurance
and fidelity bond requirements for a residential development project established by Federal
National Mortgage Association, Federal Home Loan Mortgage Corporation, U.S. Department
of Veteran's Affairs, and Government National Mortgage Association, so long as any of them
are a mortgagee or Owner of a Lot within the Property, except to the extent such coverage is
not reasonably available or has been waived in writing by Federal National Mortgage
Association, Federal Home Loan Mortgage Corporation, U.S. Department of Veteran's
Affairs, and Government National Mortgage Association.
ARTICLE X
Damage or Destruction
In the event of damage or destruction to all or part of the Common Areas, the Manager
shall promptly, but in no event later than ninety (90) days after the date of damage or
destruction, give notice to and conduct a special meeting of the Owners to review the
proposed repairs, replacement, and reconstruction, as well as the projected cost of such
repairs, replacement or reconstruction. The Owners shall be deemed to have approved the
[Dickson- IdahoCCSRs] -16- 12/22/04
proposed repairs, replacement, and reconstruction as proposed by the Manager at that
meeting, unless the Owners decide by an affirmative vote of fifty -one percent (51%) of the
Owners of Residential Lots to repair, replace, or reconstruct the premises in a different manner
than that proposed by the Manager.
ARTICLE XI
Condemnation
Section 11.1. Partial Condemnation In the event of a partial condemnation of the
Common Areas, the proceeds shall be used to restore the remaining Common Areas, and any
balance remaining shall be distributed to the Manager for the benefit of the Owners and their
pro rata share of the Common Areas taken.
Section 11.2. Total Condemnation In the event that the entire Common Area is
taken or condemned, or sold, or otherwise disposed of in lieu or in avoidance thereof, the
condemnation award shall be distributed to the Manager for the benefit of the Owners and their
pro rata share of the Common Areas taken.
Section 11.3. Mortgagee Protection No proceeds received by the Association as
the result of any condemnation shall be distributed to a Lot Owner or to any other party in
derogation of the rights of the First Mortgagee of any Lot.
ARTICLE XII
Mortgagees' Protection
Section 12.1. Definitions As used in this Declaration: (1) "mortgagee" includes
the beneficiary of a deed of trust, a secured party, or other holder of a security interest
(2) "foreclosure" includes a notice and sale proceeding pursuant to a deed of trust or sale on
default under a security agreement; and, (3) "institutional holder" means a mortgagee which is
a bank or savings and loan association or established Mortgage company, or other entity
chartered under federal or state laws, any corporation or insurance company, or any federal or
state agency.
Section 12.2. Approval The prior written approval of at least seventy -five percent
(75 %) of the First Mortgagees (based on one vote for each first Mortgage owned) of the
individual Lots shall be required for any of the following:
(a) Any material amendment to this Declaration including, but not limited
to, any amendment which would change the ownership interests of the Owners in this project
(except when added phases authorized by this Declaration), change the pro rata interest or
obligation of any individual Owner for the purpose of levying assessments or charges or for
allocating distributions of hazard insurance proceeds or condemnation awards.
(Dickson- IdahoCC &Rs) — 17— 12/22/04
(b) The effectuation of any decision by the Association to terminate
professional management and assume self-management (however this shall not be deemed or
construed to require professional management).
(c) Partitioning or subdividing any Lot.
(d) Any act or omission seeking to abandon, partition, subdivide,
encumber, sell or transfer the Common Areas; provided, however, that the granting of
easements for public utilities or other public purposes consistent with the intended use of the
Common Areas shall not be deemed a transfer within the meaning of this clause.
(e) Any act or omission seeking to change, waive or abandon any scheme
of regulations or enforcement thereof, pertaining to the architectural design or the exterior
appearance of buildings and other improvements, the exterior maintenance of buildings and
other improvements, the maintenance of common walks or common fences and driveways, or
to the upkeep of lawns and plantings in the Property.
(f) Use of hazard insurance proceeds for losses to any Common Areas for
other than the repair, replacement or reconstruction of such Common Areas.
Section 12.3. Notice Each First Mortgagee (as well as each Owner) shall be
entitled to timely written notice of
(a) Any significant damage or destruction to the Common Areas.
(b) Any condemnation or eminent domain proceeding effecting the
Common Areas.
(c) Any default under this Declaration which gives rise to a cause of
action against the Owner of a Lot subject to the mortgage of such holder or insurer, where the
default has not been cured in thirty (30) days.
(d) Any material amendment of this Declaration.
Section 12.4. Request for Information Each First Mortgagee shall be entitled, upon
request, to:
(a) Inspect the books and records of the Association during normal
business hours.
(b) Require the preparation of at its expense, or if preparation is required,
receive, an annual audited financial statement of the Association for the immediately preceding
fiscal year, except that such statement need not be furnished earlier than ninety (90) days
following the end of such fiscal year.
(Dickson- IdahoCC &Rsj —18— 12/22/04
(c) Receive written notice of all meetings of the Association and be
permitted to designate a representative to attend all such meetings.
Section 12.5. Payment of Taxes on Common Areas First Mortgagees of any Lot
may, jointly or singly, pay taxes or other charges which are in default and which may or have
become a charge against the Common Areas, and may pay overdue premiums on hazard
insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such
Common Areas, and the First Mortgagees making such payments shall be owed immediate
reimbursement therefor from the Association.
I'll I RI F .� 11
General Provisions
Section 13.1. Binding Effect All present and future Owners or occupants of Lots
shall be subject to and shall comply with the provisions of this Declaration and rules and
regulations of the Association, as they may be amended from time to time. The acceptance of
a deed or conveyance or the entering into occupancy of any Lot shall constitute an agreement
that the provisions of this Declaration and rules and regulations of the Association, as they may
be amended from time to time, are accepted and ratified by such Owner or occupant, and all
such provisions shall be deemed and taken to be covenants running with the land and shall bind
any person having at any time any interest or estate in such Lot, as though such provisions
were recited and stipulated at length in each and every deed and conveyance or lease.
Section 13.2. Enforcement The Manager and such other person as is designated by
a majority of the Owners (the "Designated Agent ") shall have the right to enforce, by any
proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration. Should the Manager
or the Designated Agent employ counsel to enforce any of the foregoing covenants,
conditions, reservations, or restrictions, all costs incurred in such enforcement, including a
reasonable fee for counsel, shall be paid by the Owner found to be in violation of said
condition, covenant, reservation, or restriction, or found to be delinquent in the payment of
said lien or charge.
Section 13.3. Failure to Enforce No delay or omission on the part of the Property
Manager or the Manager or the Owners in exercising any rights, power, or remedy provided in
this Declaration shall be construed as a waiver of or acquiescence in any breach of the
covenants, conditions, reservations, or restrictions set forth in the Declaration. No action shall
be brought or maintained by anyone whatsoever against the Property Manager or the Manager
for or on account of its failure to bring any action for any breach of these covenants,
conditions, reservations, or restrictions, or for imposing restrictions which may be
unenforceable.
[Dickson- IdahoCC&Rs] — 19 — 12/22/04
Section 13.4. Severability Invalidation of any one of these covenants or restrictions
by judgment or court order shall not affect any other provisions which shall remain in full force
and effect.
Section 13.5. Interpretation The singular may also include the plural and the
masculine may include the feminine, or visa versa, where the context so admits or requires.
This Declaration shall be liberally construed in favor of the party seeking to enforce its
provisions to effectuate the purpose of protecting and enhancing the value, marketability, and
desirability of the Property by providing a common plan for the development of Aspen Village.
Section 13.6. Amendment By Lot Owners This Declaration can be amended only
by an affirmative vote of the Owners holding two- thirds (2 /3rd) of the Voting Power of the
Association at a meeting called for such purposes; provided, no amendment shall be passed
which materially impairs the substantial rights of a Lot Owner as established herein unless the
impacted Lot Owner(s) consents in writing. Any such amendment must be in writing, signed
by the Manager, attesting to the notice and that the votes cast meet the requirements of this
Declaration, and recorded with the The amendment shall not be effective until
recording.
Section 13.7. Amendment by Court Action The Association and/or any Lot Owner
shall have the right to seek amendment by way of civil suit wherein the basis for the
amendment is either: (a) governmental requirements; or, (b) manifest unfairness due to
substantially changed circumstances beyond the control of the Lot Owner seeking the
amendment. In any such court action, the court may exercise its equitable powers to grant
such relief as is deemed appropriate.
Section 13.8. Notice Any notice required hereunder shall be deemed effective
when personally delivered or three (3) days after mailing by certified and regular mail to the
Owner of public record at the time of such mailing to such Owner's address as appears on the
Madison County Assessor's tax records and to the street address of the Lot(s) herein. Notices
to lenders shall be sent to the last address the lender has given to the Manager. The Manager
is not required to provide notice of any matter to any lender who has not notified the Manager
in writing of such lender's desire to receive notice, and/or has not given the Manager written
notice of the lender's address for receipt of notices. The Manager shall not undergo
investigation outside of its own records into the name or location of any lender or lien holder.
Section 13.9. Enforcement By Self Help The Property Manager, Manager, or the
Designated Agent may enter upon any Lot, which entry shall not be deemed a trespass, and
take whatever steps are necessary to correct a violation of the provisions of this Declaration;
provided, this provision shall not be construed as permission to breach the peace.
Section 13.10. Condition Precedent to Action Prior to taking action under Section
11.2 or 11.10 above, written notice shall be given to the offending Lot Owner. Such notice
shall specify the nature of the offense and shall also specify the action necessary to cure. Such
[Dickson- IdahoCC &Rs] —20— 12/22/04
notice shall also provide a reasonable opportunity to cure which, except in the case of an
emergency, shall not be less than thirty (30) days.
Section 13.11. Expenses of Action The expenses of any corrective action or
enforcement of this Declaration, if not paid by the offending Owner within thirty (30) days
after written notice and billing, may be filed as a lien upon such Lot, enforceable as other liens
herein.
Section 13.12. Costs and Attorneys' Fees In the event of legal action, the prevailing
party shall be entitled to recover actual costs and reasonable attorney fees. For the purposes of
this Declaration "legal action" shall include arbitration, lawsuit, trial, appeals, and any action,
negotiations, demands, counseling or otherwise where the prevailing party has hired an
attorney. It is the intent of this provision to reimburse the prevailing party for all reasonable
attorney fees and actual costs incurred in defending or enforcing the provisions of this
Declaration, or the Owner's right hereunder.
IN WITNESS WHEREOF, the undersigned has caused this Declaration to be executed
this day of , 2005, and acknowledges that: (1) he /she had the
opportunity to obtain legal counsel before execution for advisement and consultation in
connection with his/her property rights; (2) he/she had fully explained to him/her the legal
effects of the foregoing Declaration and the effect that it has upon any property rights the
undersigned would otherwise have as a matter of law; and, (3) the undersigned acknowledges
he/she fully understands the legal effect of the foregoing instrument and executed the same
freely and voluntarily.
Declarant:
ASPEN VILLAGE REXBURG I LLC, a
Deleware limited liability company
e
Darrel Dickson, Manager
[Dickson- IdahoCC &Rs] —21— 12/22/04
State of Idaho )
ss.
County of Madison )
I certify that I know or have satisfactory evidence that Darrel Dickson is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized
to execute the instrument and acknowledged it as the Manager of Aspen Village Rexburg L LLC, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrume
DATED this day of 1 20.
(Type/Print Name above)
Notary Public in and for the State of Washington,
residing at
My Appointment Expires:
(Dickson- IdahoCCBRsl -22- 12/22/04
Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, 1D 83440 www.rexburg.org Fox. 208.359.3022
04 gE%BURC
7�
CITY OF
REX
America's Family Community
On Janes 06, 2005 Planning and Zoning
Aspen Village
Darrell Dixon
545 S. 2nd E. Rexburg
Discussion on Yale Avenue — whether or not to have an access there or not
Jerry Hastings moved to approve the preliminary plat for Aspen Village Townhouses with the resolution of any
concerns by city staff. I also make part of the motion that we recommend that in the final plat process, they do
address the Yale Ave. access and that it be reviewed with the city. Aspen Village has 7 apartment buildings, 16
units each —all are identical—on 11.5 acres. Since there has been a new owner, 2 years ago, there is a computer
lab, vinyl fencing around the perimeter, new mattresses and carpet and they still have a swimming pool and billiard
tables. The property is set to BYU -I student housing standards. Their intent is to create an economic structure
that makes this a more viable project for the owners, and be able to continue to make it a desirable place to live for
students. Plan to sell off the individual apartment buildings. Randall Porter seconded the motion. Motion carried
unanimously
On March 07, 2007 Mayor Larsen asked Planning and Zoning Administrator Leikness about the next step and
recommended conditions of approval again:
1. Prior to final plat decision the CCR's needs city attorney approval.
2. The site would need a recorded document tying all lots together for development purposes.
3. The preliminary plat should not constitute a new site plan approval; this should be done through staff at the
time new building permits are requested.
City Attorney Zollinger explained the process to get to the final plat before the City Council approves the final
review. This is a preliminary plat, not a site plan.
Council Member Stevens said each parcel would need to own a fractional interest in the common area. Mr. Dixon
confirmed each parcel would be part owner in the common area.
Council Member Benfield moved to approve the Preliminary Plat for Aspen Apartments as recommended by
Planning and Zoning; Council Member Stevens seconded the motion; Discussion: Council Member Schwendiman
asked about additional parking needed for new buildings. City Attorney Zollinger confirmed the requirement to
have a "one to one" ratio of parking with any new buildings. Council Member Mann asked if other developments in
the city have used this method. Yes, other developments have used this approach.
Mayor Larsen called for a vote: All voted aye, none opposed. The motion carried.
dim
b r
o �►
CITY OF
REX BURG
AMERICA'S FAMILY COMMUNITY 19 E. Main (PO Box 280) Phone: 208 - 359 -3020 x326
Rexburg, Idaho 83440 Fax: 208 - 359 -3024
www.rexburg.org cathyw@rexburg.org
January 6, 2005
Commissioners Attendinl?
Winston Dyer —
Chairman
Rex Erickson —
Council member
Mary Haley
Jerry Hastings
Ted Hill
Stephen McGary
Randall Porter
Mike Ricks
David Stein
Stuart Wells
Chairman Dyer opened the meeting at 7:05pm
Cites Staff
Stephen Zollinger — City Attorney
Kurt Hibbert — P &Z Director
Bill Hamlin — Enforcement Officer
Bethany Caufield — P &Z Secretary
Allan Mortan —
1. Minutes from October 21, 2004, November 18, 2004, December 2, 2004
A. October 21, 2004 minutes — David Stein motioned to approve; seconded by Mary Haley
B. November 188, 2004 minutes — Mary Haley motioned to approve; seconded by Stuart Wells
C. December 2, 2004 minutes — Stephen McGary motioned to approve; seconded by Ted Hill
All minutes approved as read
Steven Zollinger addressed the Planning and Zoning Commission on Subdivision ordinances and
discusses the ideal review for plats.
2. Public Hearims - None
3. Unfinished /Old Business
A. Parkside Planned Residential Development Final Plat — Kurt Rowland Schiess & Associates -
Final Plat for plat C of a four -plat project
John Dester (works with the Georgetown development) — presented at the meeting
2230 North University Parkway, Ste. 7G, Provo Utah 84604
Mary Haley motioned to approve the final plat for the Parkside Plan Residential Development, with the
stipulation that any loose ends in the Public Works Department be taken care of before the final plat is
signed. There are 24 units in plat C. Common areas include a pocket park in the Southwest area that
will be maintained by the homeowner's association. There will be a temporary access for construction
workers, which will be removed when construction is complete. The park will be used for emergency
drainage. David Stein seconded the motion. Motion carried unanimously.
B. Riverwood Townhomes Final Plat — Brandon Jenks
Brandon Jenks: 3680 W. Mountain Dr., Rexburg ID 83440
Stephen McGary moved to approve the final plat of Riverwoods Townhomes subject to any staff
recommendations. The necessary changes were made from the previous review. They prepared to be
able to connect with the property to the South, but there are no further developments at this time. Jerry
Hastings seconded the motion. Motion carried unanimously
4. New Business
A. South Fork Plaza
Kurt Rowland (Representing Futures of Idaho)
310 N. 2nd E, Ste. 125, Rexburg, Idaho 83440
Chairman Dyer declared direct conflict of interest with this. Mr. Hastings continues as Chairman.
David Stein moved to approve the preliminary plat for Southfork Plaza subject to the satisfaction of
any staff issues. This is a commercial development — confirmed HBD. There is enough parking
according to the sq. footage of the buildings and their use. There is enough snow storage for the
HBD zone. During the summertime, landscaping will go on the area marked snow storage. They
will be individually owned, sold as office buildings which have similar outer designs. Randall
Porter seconded the motion. Motion carried unanimously.
Chairman Dyer regained the chair.
B. Pioneer Village
Kurt Rowland 310 N. 2nd East, Ste. 125
(Representing Futures of Idaho for Pioneer Village)
Jerry Hastings moved to approve the Preliminary Plat for Pioneer Village with the resolution of any
staff concerns. This property is zoned as HBD with enough parking for the proposed use of the
buildings. They are trying to make all the accesses off Nauvoo Lane (street name will soon be
renamed). There are a total of two accesses. Stephen McGary seconded the motion. Motion
carried unanimously.
C. Aspen Village
Darrell Dixon
545 S. 2nd E. Rexburg
Discussion on Yale Avenue — whether or not to have an access there or not
Jerry Hastings moved to approve the preliminary plat for Aspen Village Townhouses with the
resolution of any concerns by city staff. I also make part of the motion that we recommend that in
the final plat process, they do address the Yale Ave. access and that it be reviewed with the city.
Aspen Village has 7 apartment buildings, 16 units each —all are identical —on 11.5 acres. Since
there has been a new owner, 2 years ago, there is a computer lab, vinyl fencing around the perimeter,
2
new mattresses and carpet and they still have a swimming pool and billiard tables. The property is
set to BYU -I student housing standards. Their intent is to create an economic structure that makes
this a more viable project for the owners, and be able to continue to make it a desirable place to live
for students. Plan to sell off the individual apartment buildings. Randall Porter seconded the
motion. Motion carried unanimously
5. Non controversial Items Added to the Agenda None
6. Tabled requests None
7. Report on Proiects None
A. Design Standards under 25,000
They are going to initiate three separate corridors —
1. US 20
2. Central District
3. Hwy Business District — may choose in the future to break that down.
Kurt Hibbert will try to have a draft ready for the next Planning and Zoning commission.
General discussion on design standards
B. Lighting ordinance
- Allan Morton briefly addresses his support for a lighting ordinance.
- Short discussion the economic side needing to be taken into consideration.
C. Redevelopment Districts Ordinance (ProZones)
- Plan to have this document in front of City Council for discussion and review next week.
- Kurt Hibbert addresses the idea of having Standard Industrial Classification Codes (SIC Codes)
available to the Planning & Zoning Commission.
8. Enforcement
Bill Hamlin (Enforcement Officer for the City of Rexburg) discusses the four objectives for the officers
and their plan to work with those out of compliance to get them into compliance with code.
Meeting adjourned at 10:00pm
3
City of Rexburg
Gary Leikum
12 North Center Street
Rexburg, Idaho 83440
January 31, 2007
Attached is a copy of the letter that is initialed by Kurt Hibbert regarding the recording of
a final map by January 31, 2009.
I went before the planning commission on January 6, 2005 to present the Aspen 'pillage
Subdivision.
I would like to now be able to move forward to get a formal preliminary approval
sometime in the next few months. (By March 31, 2007)
I would then work on getting final formal approval and recording of the final subdivision
map on or before January 31, 2009, as per the reasons 1 discussed in the attached letter..
Please let me know if the above is acceptable, and what additional information you will
need from me for a formal preliminary approval of the subdivision.
Sincerely,
Darrel Dickson
3252 Phillips Avenue
Enumclaw, Washington 98022
360- 802 -0817 S\
i, 2 1; 1 6AV ,
Aapeo V$bge Subdivision
03/03/05
To. Kurt Mbben oft( city of Rexburg
From: Darrel Dickson of Aspen Village Aparnments
Date: 03104/05
Re: Aspen Village Subdivision
N ". 05 F.
As you knave the City of Resxbwg's planning d&epawbooent gave preliminary approv to
the ownen of Aspen Wiese Rckbutg to cmade 9 pat+cels ou 01146/05. There was a
PrdwMary approval m rteate seven muhi family lots. and two other lots.
Kirk, I havoc a problem Chat I would request your input on making a decision Due to the
fact that there is a large Prepwjmxnt penalty associated with a payoff of the loan on this
propwW until 12/31/08 wd also dw to the fhct that %el lender will not allow us to rmord
a subdivision map until afar 17131/08.
I nun PwPowng the following schedule regal*% the Aspen Vill We Subdivision. I
understand that thwe is a 24 n onih grace period fwrn the time of the City Cotmcil's
preliminary approval of a subdivision until it needs to get a final approvaL, sold and
six months after dial to gut the subdivisions. map recorded. ThMfore X a n proposing tho
fallowing:
Submit the Aspem Village Subdivision that was given Preliminary approval by the
PIS dOWMMOld oa 01/06M, to City Coutwil of Rexburg on 07/01/06 for formal
Pt+efxminary approval. I would they wait 24 moaft for final approval which could be
done on 07/01 /09
Rcoatd the map apppmximstely six moods later on O I A09. At that point there will be
no POPAY x M Penalty', and no restncbons ra9atdW9 reew4wg the Aspen Vllne
Subdivision from the Lander. I would put an new financing that could allow Asper.
Village Apuftmu a to saw off the Pavels separawly- Afbw 01Jt /09, I would tbm be
able to slat se iug the sev= complexes off individually- Please advise me if°this
popnsed t=cflamc for the Aspen Vi1>age Subdivmon would be acceptable by the City
of Rex
Sincerely,
a 6z-6&---j
Dorm Iii
Aspen Village A,peatmcts
3252 Phillips Avenue
Em nwlaw, Wa. 98022
f
LO I �
Ur "I P
d
-dq�
Tel: 360402 -0817
City of Rexburg
Gary Leikness
12 North Center Street
Rexburg, Idaho 83440
January 2007
Dear Gary,
Here is a copy of the preliminary subdivision map that was approved by the Rexburg
Planning Department in 2005.
I would like to set up a time to present this to the Planning Department for final approval,
and would like to know what additional information will be needed, and when I could
present for a final approval.
Sincerely,
Darrel Dickson
Aspen Village Apartments
3252 Phillips Avenue
Enumclaw, Washington 98022
360- 802 -0817
64 Gage(
Aspen Village Subdivision
03/03/05
To: Kurt Hibbert of the City of Rexburg
From: Darrel Dickson of Aspen Village Apartments
Date: 03/04/05
Re: Aspen Village Subdivision
As you know the City of Rexburg's planning department gave preliminary approval to
the owners of Aspen Village Rexburg to create 9 parcels on 01/06/05. There was a
preliminary approval to create seven multi family lots, and two other lots.
Kirk, I have a problem that I would request your input on making a decision. Due to the
fact that there is a large prepayment penalty associated with a payoff of the loan on this
property until 12/31/08 and also due to the fact that the lender will not allow us to record
a subdivision map until after 12/31/08.
I am proposing the following schedule regarding the Aspen Village Subdivision. I
understand that there is a 24 month grace period from the time of the City Council's
preliminary approval of a subdivision until it needs to get a final approval, and another
six months after that to get the subdivision map recorded. Therefore I am proposing the
following:
Submit the Aspen Village Subdivision that was given preliminary approval by the
Planning department on 01/06/05, to City Council of Rexburg on 07/01/06 for formal
preliminary approval. I would then wait 24 months for final approval which could be
done on 07/01/08
Record the map approximately six months later on 01IkIO9. At that point there will be
no prepayment penalty, and no restrictions regarding recording the Aspen Village
Subdivision from the lender. I would put on new financing that vyould allow Aspen
Village Apartments to sale off the parcels separately. After OI 1/09, I would then be
able to start selling the seven complexes off individually. Please advise me if this
proposed timeframe for the Aspen Village Subdivision would be acceptable by the City
of Rexburg.
Sincerely, �;V
f dim
Darrel Dickson ° �,w✓
Aspen Village Apartments i A '
3252 Phillips Avenue t
Enumclaw, Wa. 98022 Tel: 360 - 802 -0817 ��,, t/ /
11 ✓ d
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OPERATING AGREEMENT OF
ASPEN VILLAGE ASSOCIATION, LLC
An Idaho Limited Liability Company
THIS AGREEMENT is made among those persons who own lots at Aspen Village
and who are designated at the end of this Agreement (each of which will be a "Member,"
and collectively are referred as the "Members ") and (the
"Manager "), of ASPEN VILLAGE ASSOCIATION, LLC, a Idaho limited liability company.
ARTICLE I
FORMATION, PURPOSES, POWERS
1.1 Limited Liability Company The Company is formed under the Idaho
Limited Liability Company Act, , for the purpose of organizing a
homeowners association, and is governed by the provisions of this Agreement and the
Acts (Chapters ).
1.2 Name The business and affairs of the Company shall be conducted under
the name "Aspen Village Association, LLC," and may be referred to herein as the
"Company."
1.3 Principal Office The principal office of the Company shall be maintained at
1.4 Term The term of the Company shall commence on the date of the filing of
a Certificate of Formation in the office of the Idaho Secretary of State, and shall continue
until terminated as provided herein.
1.5 Purposes The Association is organized exclusively as a homeowners
association within the meaning of Section 528 of the Internal Revenue Code of 1986 (or
the corresponding provision of any future U.S. Internal Revenue law). The powers of this
Association shall be subject to and shall be exercised in accordance with Chapter 64.38
RCW, as hereafter amended, and the provisions of the Declaration of Covenants,
Conditions and Restrictions for Aspen Village ( "Declaration ") recorded under Madison
County recording number , as it may from time to time be amended,
hereinafter referred to as the "Declaration." This Association does not contemplate
pecuniary gain or profit to its Members. Capitalized terms herein will have the same
meaning as in the Declaration unless otherwise indicated.
The Association is being formed for maintaining and administering all of the
Common Areas of Aspen Village, administering and enforcing the covenants and
restrictions in the Declaration, collecting and disbursing the assessments and charges
created in the Declaration, and promoting the recreation, health, safety, and welfare of the
residents. In doing so, the Association shall provide for maintenance, preservation, and
[ Dickson- OperatingAgtforAspenAssoci]
architectural control of the buildings, grounds and Common Areas and shall promote the
health, safety, and welfare of the owners of the Property, all in accordance with the
provisions of the Declaration.
The Association shall engage in all such activities as are incidental or conducive to
the attainment of the objectives of the Association and all activities that are applicable or
available to this Association.
The Members have elected to conduct such operations in, the form of a limited
liability company in order to provide for centralized management of Company operations
and legal protection from the creditors of the Members or future Members.
1.6 Powers The Company shall have the power to do everything necessary,
proper, convenient, and incidental to the accomplishment of the purposes of the Company;
including without limitation the power to borrow money, encumber Company assets, and
execute and perform binding agreements in connection with the purchase, development,
operation, rental, and sale of Company assets.
ARTICLE II
MEMBERSHIP
2.1 Membership with Ownership of a Lot Every Owner of a Residential Lot
that is a part of the Property shall be a Member of this Association. Membership shall be
appurtenant to and may not be separated from ownership of any Lot that is subject to
assessment. Natural persons, partnerships, corporations, trusts, or other lawful business
entities may own or have an ownership interest in a Lot.
2.2 Withdrawal of Member As long as a Member owns a Lot, the Member may
not withdraw from the Company. Upon sale or other transfer of ownership of a Lot, the
Member's membership will automatically transfer to the new owner of the Lot.
ARTICLE Ill.
EARNINGS
3.1 Profits Not to be Distributed No part of the net earnings of the Association
shall inure to the benefit of any Member or other individual other than by acquiring,
constructing, or providing management, maintenance, and care of Association property,
and other than by a rebate of excess membership dues, fees, or assessments.
3.2 Limitation of Liability Each Member's liability shall be limited as set forth
in this Agreement and the Act. A Member will not be personally liable for any debts or
losses of the Company beyond the assessments or other liabilities imposed pursuant to
the Declaration. If the Act is amended to authorize Company action further eliminating or
limiting the personal liability of Members, then the liability of a Member shall be eliminated
or limited to the fullest extent permitted by the Act as so amended, however, such
amendments will not diminish the liability of the Members for assessments or other
liabilities imposed under the Declaration. Any repeal or amendment of this provision shall
not adversely affect any right or protection of a Member arising prior to such repeal or
amendment.
[ Dickson- OperatingAgtforAspenAssoci] -2- 12/22/04
ARTICLE IV
RIGHTS, POWERS, AND OBLIGATIONS OF MANAGER(S)
4.1 Management of the Company The Company shall be managed
exclusively by the Manager(s). A Manager need not be a Member. Except as expressly
set forth otherwise in this Agreement, the Manager(s) (acting for and on behalf of the
Company) will have the right, power, and authority to do any and all things necessary to
carry out the business of the Company. No person dealing with a Manager, where such
Manager is acting within the apparent scope of his authority as a Manager, will be required
to determine the Manager's authority to execute any document on behalf of the Company
or make any undertaking on behalf of the Company, or to determine any facts or
circumstances bearing upon the existence of such authority. All decisions made for and
on behalf of the Company by any Manager, and which are in accordance with this
Agreement, will bind the Company. The Manager(s) shall have the power and authority to
employ professional advisors, including legal counsel, accountants, and financial advisors,
as the Manager(s) deem necessary or advisable to assist them in operation and
management of the Company, on such terms and for such compensation as the
Manager(s) shall determine. Without limiting the generality of the foregoing, but limited by
the restrictions contained in Section 4.2 below, the Manager(s), on behalf of the Company,
shall have the right, as they deem necessary or appropriate, to do the following:
(a) To execute and perform any and all documents, instruments,
contracts, and agreements of any kind on behalf of the Company in connection with the
operation and management of Company assets.
(b) To employ, by written agreement or otherwise, any person or entity to
perform any services for the Company in connection with the development, improvement,
management, maintenance, repair and operation of Company assets.
(c) To incur and pay expenses and make purchases in connection with
the development, improvement, management and operation of the Company.
(d) To sell, assign, exchange or convey any right, title or interest in or to
Company assets, or create or permit to exist any lien, encumbrance or charge thereon.
(e) To compromise, settle, or submit to arbitration, and to institute,
prosecute, and defend any and all actions or claims in favor of or against the Company or
its assets, provided that it shall advise the other Members of any material litigation,
arbitration, administrative hearing or any other material matter concerning or affecting the
Company or its assets.
(f) To appoint the "Tax Matters Partner" for the Company, as that term is
described in the Internal Revenue Code of 1986, as amended and in Treasury Regulations
thereunder, and to otherwise make any and all decisions and elections regarding federal
and state tax matters affecting the Company.
4.2 Limitations on Authority of Managers The following decisions, rights and
powers may only be exercise if approved by the Members who hold a majority (51%) or
two thirds (2 /3 as indicated below, of the Voting Power of the Association:
[ Dickson- OperatingAgtforAspenAssoci] -3- 12/22/04
(a) Any purchase or sale of real property owned or to be owned by the
Company, which purchase or sale unless approved by two thirds (2/3` of the Voting
Power;
(b) Any agreement with a property manager to manage the Property,
which management agreement is to be approved by a majority of the Voting Power;
(c) The power to convey the Company's assets for less than full and
adequate consideration, excluding incidental and ordinary charitable and promotional gifts
designed to enhance the Company's goodwill without the consent of two thirds (2/3`) of
the Voting Power;
(d) The power to pledge, alienate, transfer or encumber the Company's
assets or the power to incur liabilities outside the ordinary course of business without the
consent of two thirds (2/3` of the Voting Power;
(e) The power to set the salary of the Manager or to make loans of
Company funds or assets to the Manager except with the consent of consent of a majority
of the Voting Power;
(f) The power to dissolve the Company or close or discontinue its
business operations consent of two thirds of the Voting Power;
(g) The power to engage in any act not in the ordinary course of the
business affairs of the Company without the consent of two thirds (2/3` of the Voting
Power;
(h) The power to issue new Membership units or otherwise admit
additional Members to the Company without the consent of two thirds of the Voting Power;
(i) The power to revoke, alter or amend this Agreement or the Certificate
of Formation without the consent of two thirds of the Voting Power; and
(j) The power to engage in or authorize any act in contravention of the
terms of this Agreement without the consent of two thirds of the Voting Power.
4.3 Delegation of Authority A Manager may delegate all or any of his or her
powers, rights, and obligations under this Agreement, and may employ or contract with any
person, including any affiliate of any Member, to carry out the business of the Company.
Under supervision of the Manager, the person employed or contracted with may perform
any acts or services for the Company that the Manager approves.
[ Dickson- OperatingAgtforAspenAssoci] -4- 12/22/04
4.4 Initial Appointment, Resignation or Removal of Manager
(a) The initial Manager is
(b) A Manager may resign as a manager of the Company upon ninety
(90) days' notice to the Company and to each Member.
(c) A Manager may be removed, for any reason, by the affirmative vote,
in writing, of the holders of a majority of the Voting Power.
4.5 Succession of Manager(s) Any vacancy in the office of Manager shall be
filled by the approval of a majority of the Voting Power.
4.6 Duties of Manager(s) The Manager(s) shall operate the Company and
manage its assets in the best interests of the Company.
4.7 Books and Records Proper and complete books of account of the
business of the Company shall be kept by or under the supervision of the Manager(s) at
the principal place of business of the Company, and shall be open to inspection by any of
the Members or by their representatives upon notice at any reasonable time during
business hours.
4.8 Reimbursement, Compensation A Manager shall be entitled to
reimbursement of expenditures made on behalf of the Company, and to compensation for
management services rendered.
4.9 Indemnification A Manager will have no liability for acting as Manager so
long as he or she acts in good faith. A Manager will be presumed to have acted in good
faith unless the party or parties asserting to the contrary can show by clear, cogent and
convincing evidence that the Manager acted in bad faith. Unless bad faith conduct is so
proved, the Company will defend, indemnify and hold harmless and pay all judgments and
claims against a Manager related to any liability or damage incurred by reason of any act
performed or omitted to be performed by the Manager in connection with the business of
the Company, including attorneys' fees and costs incurred by the Manager in connection
with the defense of any legal action based on any act or omission. Any attorneys' fees and
costs will be advanced to the Manager as incurred and only charged back against the
Manager if bad faith conduct is proven.
ARTICLE V
MEMBERS
5.1 Management of the Company No Member, unless a Manager, may take
part in the management or control of the business of the Company or transact any
business in the name of the Company. No Member, in its capacity as such, has the power
or authority to bind the Company or to sign any agreement or document in the name of the
Company, or the right to vote or otherwise participate in the management of the Company.
[ Dickson- OperatingAgtforAspenAssoci] -5- 12/22/04
y
5.2 Liability of Members A Member will not be required to make any
contributions or loans to the Company except for assessments pursuant to the Declaration
and will not be liable for any obligations of the Company.
5.3 Voting Power The term "Voting Power" will have the same meaning as in
the Declaration. Currently it means the power of Members to vote on Company matters
because they own a Residential Lot in Aspen Village. The total Voting Power will equal
the total number of Lots in Aspen Village. Each Owner of a Lot will have the Voting Power
equal to the number of Lots the Member owns. When more than one person holds an
interest in a Lot, all such persons shall be Members, but the vote for such Lot will be
divisible and exercisable as the Owners determine, but in no event shall more than one
vote be cast with respect to any Lot.
5.4 Meetings Meetings and voting will be conducted as set forth in the
Declaration.
ARTICLE VI
DISSOLUTION
The Association may be dissolved with the assent given in writing and signed by Lot
Owners to which at least eighty percent (80 %) of the votes in the Association are
allocated. In the event of such dissolution, then, unless otherwise authorized by law and
by a vote of Members of the Association having at least eighty percent (80 %) of the total
votes in the Association, the assets of the Association shall be dedicated town appropriate
public agency to be used for purposes similar to those for which the Association was
created. In the event that such dedication is not accepted, or in the event that there is not
an appropriate public agency, such assets will be granted, conveyed and assigned to any
nonprofit corporation, association, trust or other organization to be devoted to such similar
purposes.
ARTICLE VII
MISCELLANEOUS TERMS
7.1 Default In the event of any default by a Member under this Agreement, the
nondefaulting Member or Members may seek damages, and the defaulting Member shall
be precluded from interfering or participating in the management of the business and
affairs of the Company until such time as the default is cured.
7.2 Actions of Company Except as otherwise provided herein, any action
identified herein as requiring the agreement, vote or consent of the Members shall require
the affirmative agreement, vote or consent of the Members (in writing or at a meeting
described in Section 5.3) owning 75% of the Voting Power.
7.3 Construction This Agreement shall be construed in accordance with the
laws of the State of Idaho.
7.4 Severability In the event any provision of this Agreement is held to be
unenforceable, the remainder shall nevertheless remain in full force and effect.
[ Dickson- OperatingAgtforAspenAssoci] -6- 12/22/04
7.5 Successors and Assigns This Agreement shall be binding on the heirs,
executors, administrators, successors, and permitted assigns of the Members.
7.6 Integration This Agreement constitutes the entire agreement of the
Members with respect to the subject matter hereof, and supersedes any prior written or
oral agreements.
7.7 Amendment This Agreement may be amended or modified only upon the
written agreement of all Members.
7.8 Notices All notices, requests, demands, or other communications which are
required or may be given pursuant to the terms of this Agreement shall be in writing and
shall be deemed to have been duly given (i) on the date of delivery if personally delivered
by hand, (ii) upon the third day after such notice is (a) deposited in the United States mail,
if mailed by registered or certified mail, postage prepaid, return receipt requested, or
(b) sent by a nationally recognized overnight express courier, or (iii) by facsimile upon
written confirmation (other than the automatic confirmation that is received from the
recipient's facsimile machine) of receipt by the recipient of such notice and addressed at
the addresses on the records of the Manager.
ARTICLE IX
REPRESENTATION
This Agreement has been prepared by the law firm of Gordon, Thomas, Honeywell,
Malanca, Peterson & Daheim LLP, at the request of Darrel Dickson.
DATED this day of , 20
c
[ Dickson- OperatingAgtforAspenAssoci] -7-
ASPEN VILLAGE REXBURG I, LLC, an
Idaho limited liability company
Darrel Dickson, Manager
12/22/04
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Andrew W. summers Legacy Cove LTD. ! �' E 759285.2329 E 759087.2692 E 758982.9336 E 758945.61 57 E 759066.9524 E 759097.7899
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447 5 300 E 4376 5 700E
Rexburg, ID 83440 5LC UT 64107
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Al
Clty of Rexburg -
LEGEND
section Corner Control
O Found 5/8" Iron rod with
Cap Stamped L.5. 8252
• Set 5/8" x 30" iron rod with
Cap Stamped P.L.S. 10781
• Set 1 /2" x 24" Iron rod with
I2 N center 24.53' ref '30 Lot /Unit 2 ° � ° ❑ ❑ ❑ ❑ ° ❑ ❑ ❑ ° Cap
C, 4- a
500 d P.L.S. 1 0781
,p i t ,•;,1 If., ° 15'04 "E 550.00'
Rexburg, ID 83440
Scale: 1 " = 40 ,
0
o
A7,
AREA SQUARE FOOTAGE
PRIVATE ROAD
20,324
PARKING
126,858
BUILDINGS
58,312
GREEN SPACE
259,588
TOTAL
465,082
PARKING STALLS 1 284
STATEMENT OF INTENDED USE:
This property 15 currently zoned High Density
Residential (MDR). The Intended use of this
property Is student housing, corforming to the
rules and regulations set forth In the Zoning
Ordinance of the City of Rexburg, Idaho
Ordinance No. 725, Chapter 3.7 high Density
Residential, This property is currently BYU
Idaho approved student housing consisting of
seven (7) two story bulldlrgs containing sixteen
(I 6) units each for a total of 1 12 units. The exi5tirg
buildings on the property are constructed of
masonry block and stone. The site Is fully landscaped
with grass., mature coniferous and deciduous trees,
and a variety of shrubs and flowers. The boundary of
the property is fenced with a vinyl fence.
NOTES:
I .) All utilities shown on the property are ex15tmg.
DESCRIPTION OF COMMON ELEMENTS
I .) The property that 15 rot Included with the units.
2.) Easements through the units for utility Services to
the units and common areas.
3.) Property and installations required to provide
utility and other services to more than one unit or
to the common elements.
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.302 Acres 1-
- -- -- -- - -- _ - --
k W 07 � T --- - -
-.
POWER
- -- - -- _ - - - - - - - -- - - _. -- -- __ _._....._ _ .. - -_. 350 MGM Triplex
M Proposed 20'
rd 4/0 Triplex
- ewalk -
50' x 20' Poou w Utility Easement _ � , per r
3 I 3 a ® Transformer
J� Cie - ti,M D Secondary Pedestal
O� h0 Landscaped Area - Common
G888 Sq. l t.
i WATER
QS �; � Ft Minn USE 8
.I i
Water Line
_< k
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. \
51de,Walk _Common
Lot /Unit 7 ❑ 0 GAS
t
300 Acres 9
° `� Lot /Unit 6 _ 16 Units 3 `:� ._...__ Gas Line
9 l� ..
, \ Acres
' - .294
G Unls \ �o Sanitary Sewer
s � 6
t Se n
er L e
a n I a y w i
a _ e G ott ❑ rY,'
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�' Existing Tree
-49
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KO5�''E
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1 BOUNDARY DE5CRI PTI ON
r 5 j
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/ 1 0 �C X; \ Part of the 5W 114 of Section 29, Township 6 North, Range
-57 l j )� S s �S 40 East, B.M., Madison Count Idaho described as:
6� \ y
�c S
Beginning at a point that is N 00° 1 5'04" W 368.50 feet
C7
_ Lot 5
ai on g c �� 7
the Section Ilse and N 89 ° 44'56" E 49.50 feet from
b
1) I ~' # C \ `� ? I .00 Acre the 5W corner of 5a,6 Section 29, said punt beiirg on the East
�.._
�O.
° Right -of -Way line of South 2nd East 5tre.et, and running thence
„ ° Wa
LandSc ipecl Area - Common Q J � N 00° 1 504 W 755.00 feet along said Right-of-Way thence
�� -� m _ •. r N b5 E 214.50 f eet; thence N 00 1 5 04' W 1 65.00
feet to the South line of Sherwood Hells Subdivision; thence
�
145 i t � I � ,�'.u: a �
(�.l :�
a1 � .1 � 52 '� ,-~'r N 89,'56" E 486.00 feet along said South line to the West
> 31. fir g P
--" line of Ea lewood Addition; Thenc.. 5 00 1 5'04" E 400.00 feet
thence 5 69'-44 � ° 0 feet;
X33 � ❑ along said West Boundary; � W 300.0
- OUtS <,1e Ot thence S 00'1 5 04 E 550.00 feet, thence 5 89 44 56" W
foundation Wall. (Typ.) -��t, VS r N 7823 7.637 F
1 5 Proposed 400.50 feet to the point of beginning.
( ,
Landscaped Area - Common 10' Utlllt' Y Easement
7587 44 I - _ �,, rp'
_ _::_ -_, r� S Parcel contains 10.68 acres.
�-
500 5'04 "E 23 .47 1 7.:
,
0 . N00° 1 5'04 "W 785.00'
w
Found Brass Cap Mon. o
C.P. *F. Inst. No. 264359
� z
N
0 N 784577.903
E 758731 .020
DRAWN 1 1120104 CHECKED 1 1120104
DATE DAI
NO. REV1510N5 BY DATE
This document or any part thereof In detail or SURVEYED 1 1 10 1 104
design concept 15 the personal property of
Forsgren Associates / P.A. and shall not be
copied without the written authorization of CHECKED
Porsgren Associates / P.A.
(49.5' to be dedicated to City of Rexburg along 2nd East 5t. for Right -of -Way)
Developer:
Darrel Dlck5on
3252 Phillips Ave.
Enumclaw WA 98022
F:::'0R--,SGKEN
A55OCIA I / INC.
350 North 200 East
_. Rexburg, ID. 83440
in Found Brass Cap Mon.
O C.P.F. In5t. No. 264361
m �
z 368.50' N m
O -
m cn
N 781938.863
E 758742.550
PROJECT NO.
Preliminary Plat of Aspen Village Apartments 001-002(S
City of Rexburg, Madison County, Idaho SHEET No.
OF
Lot 8
i
.533 Acres
OT
m O T
t:.�
N00° 1 5'04 "W 1 65:00'
C0
°/>
m -
�r
I
VICINITY MAP
Building footprint - Un,t5 1 ,3, �7
Bullciirg footprint - Units 2,4,5, *6