Loading...
HomeMy WebLinkAboutThe Legends CC&R's 11.20.2023DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS THE LEGENDS CITY OF REXBURG MADISON COUNTY, IDAHO This Declaration of Covenants, Conditions, and Restrictions regulating and controlling the use and development of certain real property as hereinafter described is made to be effective as of the ____ day of ______________, 2024 ("Declaration"), by RFW Properties, LLC, an Idaho Limited Liability Company, hereinafter referred to as "Declarant", the Owner of Lots ________________________ of Block ______________________ of The Legends subdivision in accordance with that subdivision plat recorded on the ______ of ___________ 2024 in the Madison County, Idaho, Recorder's Office. NOW, THEREFORE, Declarant hereby declares that all of the Property (as defined below) shall be held, sold, conveyed, encumbered, leased, used, occupied and developed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value, enjoyment and desirability of, and which shall run with, the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each Owner thereof. ARTICLE I: DEFINITIONS Section 1. "Architectural Review Committee" or hereinafter referred to as "ARC" shall be defined as the committee appointed by the Association's Board of Directors whose responsibility it shall be to review all building and construction plans and plans for any and all site modifications. Section 2. "Association" shall mean and refer to The Legends Homeowner Association, Inc, an Idaho nonprofit corporation established to own and operate the Common Facilities and Amenities (as defined below) as well as administer and enforce the terms and conditions of this Declaration and the covenants herein, and its successors and assigns. Section 3. "Board of Directors" or "Board" shall refer to the Board of Directors of The Legends Homeowner Association, Inc. Section 4. "Building Zone/Envelope" shall be defined as a contiguous area within each fee simple Lot as specified herein within these covenants and is the area in which all residential buildings and residential related structures are to be constructed on the Property. Section 5. "Buildings and Structures" shall refer to any constructed, erected or placed improvements upon the Property and those buildings and structures shall be subject to the design review provisions of this Declaration. Section 6. "Common Area" shall refer to all real property, platted as Open Space on the Plat, which the Association owns, leases or in which it otherwise holds, or acquires in the future for the common use and enjoyment of the Owners. Section 7. "Common Facilities and Amenities" shall refer to any and all buildings, structures and amenities, built or to be built, that are owned by the Association and that serve the interest of the Association. Section 8. "Common Services" shall be defined as services incurred by the Association for the maintenance and operation of the Property, including without limitation maintenance and snow removal services for the Lots, maintenance and repair services for utility lines located in the easements and in the rights-of-ways of said roads; maintenance and repair for water features, common irrigation systems, common area sprinkler systems, fences, and landscaping, maintenance and management of weed control, and shall include any other services deemed necessary by the Association. Section 9. "Declarant " shall mean and refer to RFW Properties, LLC, and its successors and assigns. Section 10. "Development" shall be defined as any alteration of the natural land surface, and all buildings, structures or other site improvements placed on the land or alterations made to accommodate the use of a Lot (as defined below). Section 11. "Lot(s)" shall mean and refer to any lot, open space tract or other lot of land shown upon any recorded subdivision plat or development plat of the Property, in multiple phases. Section 12. "Owner" shall mean and refer to the recorded owner, whether one or more persons or entities, of a fee simple title to any Lot, including contract buyers and owners of a beneficial interest but excluding those having such interest merely as security for the performance of an obligation. Section 13. "Plat" shall mean that subdivision plat for The Legends subdivision recorded in the Madison County, Idaho, Recorder's Office on ________________, (in one or more phases), along with any amendments or replats thereof, and any other subdivision plats to which this Declaration may be made applicable. Section 14. "Principal Residence" shall mean the primary single-family residential structure, constructed on any Lot of the Property, which is the principal use of such Lot, and to which the other authorized structures on such Lot are accessory. Section 15. "Property" shall mean and refer to that certain real property within the boundaries of the Plat (recorded in one or more phases). Section 16. "Public Roads" shall be defined as the public roadways and right of way within the Property, which provide access to individual Lots and parcels. Section 17. "The Legends" shall mean and refer to the subdivision created by the Plat, in one or more individually platted phases. ARTICLE II: ASSOCIATION MEMBERSHIP and VOTING Section 1. ASSOCIATION MEMBERSHIP. Every Owner of a Lot, which is subject to Assessment, shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot, which is subject to Assessment. Section 2. VOTING RIGHTS For voting purposes, the Association shall have two (2) classes of Members as described below: (a) Class A Members. Owners other than Declarant (for so long as Declarant is the Class B Member) shall be known as "Class A Members". Each Class A Member shall be entitled to cast one (1) vote for each Lot owned by such Class A Member on the day of the vote. Upon termination of the Declarant’s Class B Membership, Declarant shall become a Class A Member. (b) Class B Member. The Declarant shall be known as the "Class B Member" and shall be entitled to one hundred (100) votes for each Lot of which Declarant is the Owner. The Class B Member shall cease to be a voting Member in the Association when the total cumulative votes of the Class A Members equal or exceed the total votes of the Class B Member. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot or Lots or parcels shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any individual Lot. If more than one Lot is owned by an individual or group of individuals, they will have one vote per Lot. ARTICLE Ill: COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant to pay to the Association: (a) Annual Assessments, or charges, which may be billed annually, semi-annually, quarterly, or monthly as determined by the Board; (b) Special Assessments, for capital improvements, such Assessments to be established and collected as hereinafter provided; (c) Lot Specific Assessments, as hereinafter provided in Section 5 and (d) Initial Capitalization Fee, which shall be a one-time fee charged to a homebuyer when title to a Lot is conveyed from the homebuilder to the initial homebuyer, in the amount of $300.00. The Annual Assessments, Special Assessments, Lot Specific Assessments, and Initial Capitalization Fee, together with interest, costs, and reasonable attorney's fees, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each Assessment is made (collectively referred to hereafter as “Assessment(s)”). Each such Assessment, together with interest costs and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment was due. Section 2. PURPOSE OF ASSESSMENTS. The Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Property and for the improvement and maintenance of the Property, including without limitation trails, utility lines, turf maintenance on the Lots, snow removal from the driveways, lead walks and sidewalks of the Lots, recreational facilities and structures, common area irrigation systems, common area sprinkler systems, fences, entry monuments, insurance premiums, landscaping, turf mowing of the Lots, turf mowing of the common areas, common area weed control, replacement reserves, equipment and all other expenses related to and authorized by the Association including professional management fees, mailing costs and other related expenses incurred on behalf of the Association. Section 3. ANNUAL ASSESSMENTS. The initial Annual Assessment will be set at $2,340/year. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the annual Assessment will be determined after the completion of an annual budget created by the Association. The Board shall prepare an annual budget estimate for common services, turf maintenance on the Lots, snow removal from the driveways, lead walks and sidewalks of the Lots, maintenance of the common area and common facilities and amenities, and administration of the Association, and fix the amount of the annual Assessment based upon its estimate. Such Assessments may be reduced by the Board at its discretion but may not be increased by more than 10% each year without approval of at least two-thirds (2/3) of Lot Owners; provided, however, that should such Assessments be reduced by the Board for any year, the foregoing limitation on increases in the Assessments for subsequent years shall be based upon the amount of the Assessments prior to such reduction. Such annual budget shall be prepared and approved by the Board at least thirty (30) days in advance of each annual Assessment period. Section 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition to the annual Assessments authorized above, the Association may levy, in any Assessment year, a special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the common assets, including fixtures and personal property related thereto, provided that any such Assessment shall have the consent of 51% percent of the votes of Association members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. LOT SPECIFIC ASSESSMENTS. The Association shall have the power to levy Lot Specific Assessments against a particular Lot to cover costs incurred in bringing a nonconforming Lot into compliance with this Declaration or costs incurred as a consequence of the conduct of the Owner or occupants of a nonconforming Lot, their agents, contractors, employees, licensees, invitees or guests; provided, the Board shall give the nonconforming Lot Owner thirty (30) days prior written notice to rectify any non-complying elements before levying any Lot Specific Assessment. Section 6. INITIAL CAPITALIZATION FEE. The Association shall have the power to levy an Initial Capitalization Fee, which shall be a one-time fee charged to a homebuyer when each Lot is conveyed from the homebuilder to the initial homebuyer for the purpose of capitalizing the initial operating funds of the Association. The Initial Capitalization Fee shall be charged in the amount of $300.00 per Lot. Section 7. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS 3 AND 4. Written notice of any meeting called for the purpose of taking any action authorized under section 3 or 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, members, or their representatives holding written proxies, entitled to cast fifty-one (51%) of all the votes of the membership shall constitute a quorum. If the required quorum is not present, another meeting shall be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be two-fifths (2/5) of all the votes of the membership. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 8. UNIFORM RATE OF ASSESSMENT. Annual Assessments, Special Assessments and Initial Capitalization Fees must be fixed at a uniform rate for all Lots. Annual Assessments and Special Assessments may be collected on a monthly, quarterly, or semi-annual basis as determined by the Board. Section 9. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS AND DUE DATES. The Annual Assessments provided for herein shall commence as to all Lots owned by Class A Members on the first day of the month following the conveyance of the first Lot by the Homebuilder. The Board shall operate on a calendar year basis. The Board shall fix the amount of the Annual Assessment against each Lot at least thirty (30) days in advance of each Annual Assessment period and written notice of the Annual Assessment shall be sent to every Owner subject thereto. The Board, upon demand by an Owner, purchaser, or mortgagee, and for a reasonable charge, shall furnish a transfer certificate signed by a member of the Board or property manager, setting forth whether the Assessments on a specified Lot have been paid. Section 10. EFFECT OF NONPAYMENT OF ASSESSMENTS; REMEDIES. Any Assessment or fee not paid within thirty (30) days after the due date therefore shall bear interest from the due date at the rate of ten percent (10%) per annum and the Board may assess a five percent (5%) late charge as well. The Board may suspend weekly maintenance services on the Lot until the account is brought current. The Board may bring an action on behalf of the Association against the Owner and any other person obligated to pay the same or upon proper notice, may foreclose the lien against the Lot. No public record notice of the lien shall be required to perfect its priority. Section 11. DECLARANT'S ASSESSMENT OBLIGATIONS. For so long as Declarant owns any Lot, Declarant shall only be responsible for any shortfall of any operating costs of the Association after the collection of all Assessments from the Owners (excluding the Declarant). Declarant shall not be responsible for any Assessments whatsoever on account of Declarant's Ownership of any Lot. ARTICLE IV: ARCHITECTURAL REVIEW COMMITTEE (ARC) Section 1. INITIAL ARC. During the initial construction and build-out of The Legends, the Declarant shall serve as the ARC, so long as the Declarant owns a Lot within The Legends. During the Initial ARC period, the Declarant may select Owners within the community to serve as an advisory committee to the ARC, to consider architectural review of matters outside of new construction. Upon completion of construction of all Lots within The Legends, the Owners shall elect the members of the Architectural Review Committee. Section 2. ARC MEETINGS, ACTIONS, COMPENSATION AND EXPENSES. The ARC shall meet from time to time as necessary to properly perform its duties hereunder. The vote or written consent of any two (2) members shall constitute an act by the ARC. The ARC shall keep and maintain a record of all action taken from time to time by the ARC at such meetings or otherwise. Unless authorized by the Association, the members of the ARC shall not receive any compensation for services rendered. Section 3. ARC RULES. The ARC may, from time to time, amend and repeal by unanimous vote, rules, and regulations, to be known as "ARC Rules". A copy of the ARC Rules, as they may from time to time be adopted, amended, or repealed, certified by any member of the ARC, shall be available for each Lot Owner requesting the same from any member of the ARC, and shall have the same force and effect as if they were a part of the Covenants, Conditions and Restrictions. With approval of the Board, the ARC may record the same with the County Recorder if deemed necessary. Section 4. NON-WAIVER. The approval by the ARC of any plans, drawings, or specifications for any work done or proposed, or in conjunction with any other matter requiring the approval of the ARC under these Covenants, Conditions and Restrictions, shall not be deemed to constitute a waiver of any right to withhold approval as to any similar plan, drawing, specification, or matter whenever subsequently or additionally submitted for approval. Section 5. ESTOPPEL CERTIFICATE. Within thirty (30) days of written demand therefore is delivered to the Association by any Owner, and upon payment therewith to the Association of a reasonable fee from time to time to be fixed by the Association, the Association shall provide to the Owner an estoppel certificate executed by any officer of the Association, certifying with respect to any Lot of said Owner, that as of the date thereof either that the Association is not aware of any violations of this Declaration or any rules and regulations associated with the Lot, and has not received a complaint regarding the same as of the date of the certification; or if there are known violations, or if a complaint has been received, set forth with particularity the cause or causes for such violation or complaint. The foregoing certification shall be made with the understanding that the Association has made no independent inspection of the Lot. Section 6. LIABILITY. Neither the ARC nor any member thereof shall be liable to the Association or to any Owner for any damage, loss or prejudice suffered or claimed on account of (a) the approval or disapproval of any plans, drawings and specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, or (c) the development or manner of the development of any Lot; provided, however, that such member has, with actual knowledge possessed, acted in good faith. Without in any way limiting the generality of the foregoing, the ARC, or any member thereof, may, but is not required to, consult with, or hear the Association or any Owner with respect to any plans, drawings or specifications, or any other proposal submitted to the ARC. ARTICLE V: DESIGN STANDARDS Section I. GENERAL STANDARDS. The following standards and restrictions are applicable to the construction, remodeling, alteration, and exterior refinishing of any and all structures and improvements and site preparation upon each Lot classified as a residential dwelling. Construction, alteration, or repair of all structures and improvements on the property shall comply with all applicable laws, codes, and standards as may be adopted by the City of Rexburg, Madison County, the State of Idaho, or other government body having jurisdiction. (a) Casita Dwellings. The ground floor area of the main structure, exclusive of open porches, decks, garages, and carports, shall not be less than Eight Hundred Fifty (850) square feet and include a two car garage. (b) Cottage Dwellings. The ground floor area of the main structure, exclusive of open porches, decks, garages, and carports, shall not be less than One Thousand Four Hundred (1,400) square feet and include a two-car garage. (c) Courtyard Dwellings. The ground floor area of the main structure, exclusive of open porches, decks, garages, and carports, shall not be less than One Thousand Nine Hundred Fifty (1,950) square feet and include a two-car garage. Section 2. DESIGN CHARACTER. (a) All buildings shall be of new construction and shall be constructed in character with each of the buildings located on any Lot, specifically by using complementary exterior building material, coloring, and roofing. All buildings will be painted or faced in colors approved by the ARC. All buildings, regardless of size, must be approved by the ARC. (b) Exterior materials shall be of fiber cement, composite or vinyl siding, stucco, planed natural wood, brick, stone or other similar natural materials. Other siding materials are permitted subject to the review and approval of the ARC. Roof materials shall be of a wood cedar shake or shingle, ceramic tile or cement tile style shake, asphalt shingles or standing seam metal. Other roof materials may be considered by the ARC upon written request. (c) Exterior finishes shall be all weather protective treatments. Glossy painted finishes shall not be permitted. All approved exposed metals shall have a dull colored finish or shall be flat color anodized or flat painted in a color acceptable to the ARC. Semi- transparent stains may be used on exterior finishes, provided that an application and approval is processed through the ARC. (d) Samples of all materials and colors to be used in the exterior treatment of any structures shall be submitted to the ARC for review and approval prior to any commencement of construction. (e) All construction on the Principal Residence shall be completed within two years from the commencement date of construction unless the ARC and the Association Board of Directors approve an extension for good cause. Section 3. BUILDING DESIGN. The design of all buildings is subject to the following: (a) No structures or improvements shall be constructed on the properties other than one (1) principal residence, garage, a guest house, and a storage building to be used to house equipment or supplies. All improvements shall be of new, permanent construction using good quality workmanship and materials. All structures require ARC approval prior to commencement of construction. (b)Total number of related residential detached buildings and/or structures, exclusive of the principal residence, shall be limited to two buildings and/or structures and to be located within the designated building zone/envelope. (c) No structure shall be erected, altered, placed, or permitted to remain on the property, which shall exceed two (2) stories in height. The maximum building height of any residential structure shall not exceed 30 feet. All heights shall be measured at any cross section of the structure from finish grade to the highest point of the structure immediately above. Minor projections such as chimneys shall not be included in the maximum heights. (d) Accessory roofs, such as porches or shed dormers shall have a minimum pitch of four feet in twelve feet. All primary roofs shall have a minimum pitch of eight to twelve feet. (e) All exterior siding, fascia, and trim shall be secured in place with non-bleeding type of fasteners or nails. Said siding, fascia and trim shall be maintained in a manner that does not show signs of fading, bleeding, bleaching, cupping, deteriorating, aging or in any way diminishing the appearance of the improvements, buildings, or structures. (f) Exposed foundations of concrete or masonry construction shall not have an exposed surface, which exceeds a height of twenty four inches (24) above finished grade, unless approved by the ARC. (g) Solar collectors may be used if specifically reviewed and approved by the ARC. Solar collectors may be of any construction, materials or pitch required for efficient operation, but they shall not be placed on any structure in a manner which causes objectionable glare to any neighboring resident. Solar collectors shall be integrated into the structure of a residence, garage, carport, or other accessory building and shall not be free standing. (h) Outdoor lighting shall not be unreasonably bright or cause glare on any adjacent Lot. All exterior lights shall be downcast by design at no more than 45-degree angle from a vertical line to the ground from the light and shall radiate within a limited radius of ground focus. All building plans shall include specifications for the exterior lighting plans and shall be subject to approval by the ARC. (j) Mailboxes shall be uniform in both style and color, as approved by the ARC. (k) House numbers shall be uniform in both style and color, as approved by the ARC. Section 4. SITE DESIGN. (a) The ARC shall approve the location, placement, and setbacks of each structure on each lot. The minimum setbacks on any Lot shall be determined by the final plat and the zoning requirements. The ARC will encourage random, alternating front setbacks (in excess of the minimum), to provide an attractive streetscape. (b) Finish grading on all Lots shall assure drainage of surface water avoids concentrating runoff onto adjacent properties. (c) Each principal residence shall be accompanied by an attached garage providing for a minimum of two indoor and enclosed parking spaces. All Lot Owner vehicles are strongly encouraged to be parked within the indoor garage spaces whenever possible. All vehicles parked outside of garages must be in running condition. (d). Approved fencing materials shall include wood, vinyl, and tubular steel (wrought iron style). All fencing shall be of new construction and shall be constructed in character with the buildings and other surroundings. Barbed wire, razor wire, and woven wire fences are prohibited. Fencing shall comply with the standards adopted by the ARC and shall not exceed height limitations, if any, imposed by the City of Rexburg. Any fencing around the perimeter of the property will not be taller than 6' unless City regulations allow for higher fences. Any fencing adjacent to a common area shall be an open-style view fence (picket, tubular steel, etc.). Living screening is permitted adjacent to open-style view fencing. (e) Electrical, natural gas and fiber utility lines have been installed underground in the easements and in the rights-of-ways of the Public Roads. Any and all above ground utility lines are prohibited. All applicable connection fees shall be borne by each Lot Owner at the appropriate time as designated by each utility provider. (f) All landscaping on the Lot will be completed prior to occupancy. The Association shall maintain the turf areas of each Owner’s Lot. The Lot Owner shall maintain all non-turf areas of the Lot, including any trees, tree beds, flower beds or garden areas. Any landscaping that dies, including turf areas, shall be replaced by the Owner in a timely manner during the current growing season. ARTICLE VI: ASSOCIATION & OWNER LOT MAINTENANCE Section 1. LOT LANDSCAPE MAINTENANCE. The Association shall maintain the turf areas of each Owner’s Lot with a once a week mow during the growing season, as determined by the Association. The Lot Owner shall maintain all non-turf areas of the Lot, including any trees, tree beds, flower beds or garden areas. Any landscaping that dies, including turf areas, shall be replaced by the Owner in a timely manner during the current growing season. Section 2. SNOW REMOVAL. The Association shall provide snow removal on Owner’s Lots to clear driveways, lead walks and public sidewalks. Owners shall be responsible to remove snow from covered front and rear porches, other areas of the Lot, or structures within the Lot. The Association is not required to clear snow from common area trails or facilities that are closed during the winter. Section 3. ACCESS EASEMENT ACROSS LOTS. The Lot Owners hereby grant the Association an access easement to the Lots to perform the maintenance services contemplated hereunder. Section 4. LIABILITY. Neither the Association, the Declarant, the ARC nor any Board member of the Association shall be liable to any Owner for any damage, loss or injury suffered or claimed on account of the turf mowing, fertilization, weed control and/or snow removal services performed on any Lot by the Association or its contractors; provided, however, that such services were performed in good faith and without neglect. ARTICLE VII: LAND USE AND RESTRICTIVE COVENANTS Section 1. GENERAL RESTRICTIONS. The following general restrictions shall apply to all Lots within The Legends. (a) No building, structure, sign, fence, refinishing or improvement of any kind shall be erected, placed, or permitted to remain on any Lot, and no excavation shall commence until the plans, specifications and exterior material samples and color selections therefore have been approved in writing by the ARC and a building permit has been issued. Construction alteration, or repair of structures and improvements on any Lot shall comply with all applicable laws, codes, and standards as may be adopted by the City of Rexburg, or other government body having jurisdiction. (b) The sum of Fifty Dollars ($50.00) for each residential Lot shall be submitted, along with the proposed building, site or alteration plans to the ARC to cover the expenses of reviewing said plans. Said amount may be increased from time to time by the ARC rules. (c) Any approval given by the ARC shall not constitute a warranty, express or implied, of compliance with any applicable building or safety codes or for any other purposes other than the authority for the persons submitting the plan to apply for a building permit. Section 2. RESIDENTIAL AREA; USES; RESTRICTIONS. (a) The leasing of any principal residence and associated building and structures, from time to time, by the Owner thereof, is subject to all the restrictions of the Association and provided that the use is exclusively for residential purposes and no more than one family (including any transient guests) shall occupy said residence. Lessors shall have full access to the Common Area facilities so long as the Owner is current in any Assessments due. Any Owner leasing a residence authorizes the Association to list their property on The Legends community leasing website under available properties for lease. (b) Each residential Lot, and any improvements from time to time located thereon, shall be maintained by the Owner thereof in good condition and repair, and in such manner as not to create a fire hazard, all at such Owner's sole cost and expense. Additionally, all Lot Owners shall be required to maintain the exterior of all improvements, buildings and structures and landscaping in a manner acceptable to the Association. (c) No stripped down, partially wrecked or junk motor vehicle or sizeable part thereof shall be permitted to be parked on any road in the subdivision, or on any Lot in such a manner as to be visible to the occupants of other Lots or visible from any road therein. (d) Not more than three (3) domestic pets, such as dogs or cats, may be kept on any Lot. (e) All signs to be used by Lot Owners shall meet with the approval of the ARC. Political and/or business signs are not permitted unless approved by the ARC. One (1) real estate sign no larger than 24" x 36" will be allowed to be installed on any property for the sale or lease of the Property. This requirement shall not apply to the Declarant during the marketing and build-out of the community. (f) No house trailer, mobile home, tent, yurt, tepee or similar facility or temporary structure shall be kept, placed, or maintained upon any Lot unless it is in an enclosed structure. Tents and tepees used in conjunction with rear yard children’s activities and temporary guest outings shall be permitted. (g) All garbage and trash shall be placed and kept in covered containers, which shall be respectfully maintained. Except during collection days, garbage containers shall be stored out of site, either within garages or behind screening. (h) There shall be no exterior fires whatsoever, except those contained within receptacles designed for outdoor fireplaces, commercial fire pit stoves, or barbecue fires. The burning of trash, organic matter, or miscellaneous debris shall be prohibited whether in the open or in trash burning receptacles. The ARC may consider special installations for common areas or one-time events. (I) All firewood shall be stacked and stored neatly in accordance with ARC approval. ARTICLE VIII: GENERAL PROVISIONS Section I. MAINTENANCE. No lumber, grass, shrub or tree clippings or plant waste, metals, bulk materials, scraps, refuse or trash shall be kept, stored, or allowed to accumulate on any Lot. Section 2. PUBLIC ROADS. The Public Roads within The Legends are owned and maintained by the City of Rexburg. Additionally, each Lot Owner shall be responsible for an equal portion of the landscape maintenance costs associated to the landscape located within the common road rights-of-ways as assessed by the Association. Section 3. COMMON AREA MAINTENANCE. The maintenance of all common area within The Legends, including all structures and the landscaping maintenance shall be the responsibility of the Association. Section 4. STREET FURNITURE. Any Street Furniture provided by the Association (including, but not limited to lighting, benches, potted landscape, pet waste facilities, etc.) shall be placed in Common Areas and/or Right of Way. Lots immediately adjacent to such Street Furniture (either fronting, siding, or backing) do not benefit from their exclusive use. All Street Furniture provided in Common Areas and/or Right of Way shall remain open and available to the common access and enjoyment of all Lot Owners. Section 5. WEAPONS. No hunting or shooting of guns shall be allowed on any Lot or area within the subdivision, including common areas and open spaces. Section 6. NO FURTHER DIVISION OF LOTS. Existing Lots in The Legends shall not be divided into any additional Lots. The residential Lots approved on the Final Plat(s) by the City of Rexburg shall remain as designated on the Plat(s) unless modified by the Declarant. Section 7. LOT CONSOLIDATION. Two or more contiguous Lots or parcels within The Legends may be combined, provided notice of intention to consolidate such Lots or parcels is filed with the ARC and approved by the Declarant. Such consolidated Lots or parcels may thereafter be treated as one building site, and such site may be subject to these restrictions the same as a single Lot except for the purposes of levying and collecting Assessments and voting rights. Assessments shall continue to be charged against both originally platted lots and the Owner shall maintain two votes within the Association. The building zone/envelope for the combined Lots or parcels may be aggregated and combined with the approval of the ARC, subject to the approval by the City of Rexburg. Section 8. AMENDMENT. These covenants may be amended by written consent of two-thirds (2/3) of the Lot Owners within The Legends. The Declarant shall have one hundred (100) votes for each unsold Lot. The Homeowners' Association shall have such amendments duly executed and placed on record in the Office of the Madison County, Idaho, Recorder. Section 9. ANNEXATION. The Legends community will be constructed in multiple phases. At any time, the Declarant reserves the right to annex additional property into the Association. Any annexed property shall have equivalent covenants, conditions and restrictions recorded against the property at the time of annexation. Section 10. DURATION OF COVENANTS. All of the covenants, conditions and restrictions set forth herein shall continue and remain in full force and effect at all times against the Property and the Owners and purchasers of any portion thereof, subject to the right of amendment as set forth in Section 11 of this Article hereof. If required by Law, these covenants shall be deemed to remain in full force arid effect for twenty (20) year periods and shall be automatically renewed for additional consecutive twenty (20) year periods unless a 51% majority of the Lot Owners of the Property subject to these covenants otherwise agree in writing. Section 11. ENFORCEMENT. The Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenant, reservations, liens, and charges now or hereafter imposed by the provision of this Declaration. Every Owner of a Lot within the property hereby consents to the entry of an injunction, judgment or lien against him or her or his or her tenants or guests, to terminate and restrain any violation of these covenants or for the nonpayment of Assessments due. Any lien imposed for nonpayment of Assessments shall incur interest an 8% per annum should payment not be received after 30-days of date due, plus all costs and attorney's fees. Any Lot Owner who uses or allows his or her Lot to be used or developed in violation of this Declaration further agrees to pay all costs incurred by the Association, Design Committee, or other Lot Owner in enforcing these Covenants, including reasonable attorney's fees whether or not suit is actually filed. In addition, the Association, by separate rules and regulations, may establish reasonable fines for a violation of this Declaration or the rules and regulations and the time for payment thereof, all in accordance with any applicable Idaho code. If any such fines are not paid when due, the Association shall have a lien against the Lot of the Owner who owes the fine and shall have the right to collect the fine and foreclose the lien in the same manner as for collection of annual Assessments. Section 12. NO IMPLIED WAIVER. The failure of the Association to object to an Owner’s (or other party's) failure to comply with this Declaration (including any rules and regulations now or hereafter promulgated) shall in no event be deemed a waiver by the Association or of any other party having an interest therein of its right to object to same and to seek compliance therewith in accordance with the provisions of this Declaration. Section 13. INDEMNIFICATION. The costs to the Association shall include all costs to indemnify and save harmless the Declarant, the Architectural Review Committee, the officers and Board of Directors of the Association and its agents thereof, their successors and assigns, from and against any and all claims, suits, action, damages and/or causes of action arising from any personal injury, loss of life and/or damage to property sustained on or about the property, if any, or any appurtenances thereto or arising out of the installation, operation or maintenance of Common Areas, Common Area maintenance, private Lot maintenance services (including turf maintenance, fertilization, weed control and snow removal), from and against all costs, counsel fees, expenses and liabilities incurred in and about any such claim, the investigation thereof or the defense at any levels of any action or proceedings brought thereon, and from and against any orders, judgments and/or decrees which may be entered therein. Included in the foregoing provisions for indemnification are any expenses that Declarant, Architectural Review Committee, officers and Board of Directors of the Association and agents thereof, their successors and assigns, may be compelled to incur in bringing suit for the purpose of enforcing rights hereunder, or for the purpose of compelling the specific enforcement of the provisions, conditions, covenants and restrictions contained in these Covenants. Section 14. ACCEPTANCE OF COVENANTS. Every Owner or purchaser of a Lot within the Property shall be bound by and subject to all of the provisions of this Declaration, and every Lot Owner or purchaser, through his or her purchase or Ownership, expressly accepts and consents to the operation and enforcement of all of the provisions of this Declaration. Section 15. VIOLATION CONSTITUTES NUISANCE. Every act or omission, whereby any restriction, condition or covenant in this Declaration set forth, if violated in whole or part, is declared to be and shall constitute a nuisance and may be abated by Declarant or their successors in interest and/or by any Lot owner; and such remedies shall be deemed cumulative and not exclusive. IN WHITNESS WHEROF, Declarant has executed this Declaration effective the _______ day of ___________________, 2024 __________________________________ Declarant RFW Properties, LLC Aaron R. Richards Managing Member State of Idaho County of Madison I do hereby certify that on this ____ day of ________________, 2024, personally appeared before me Aaron R. Richards, Managing Member of RFW Properties, LLC, known or identified to me to be the person whose name is subscribed upon this instrument, and acknowledged to me that he has executed the same. _____________________________ SEAL Notary Public My Commission Expires _________