HomeMy WebLinkAboutSam Cook, Bill Tanner, Aaron MarcumSam Cook Bill Tanner Aaron Marcum
Strong Timber, LLC
346 Grand Loop Ave.
Rexburg, ID 83440
(208) 221-2501
s_amw.cooi<@..mo.com.
Date: September 18, 2024
DJW Properties, LLC
412 Grand Loop Ave.
Rexburg, ID 83440
(208) 317-4502
Manner@se-arlehart_com.
Madison County - City of Rexburg Council Members
Planning and Zoning Department
City of Rexburg
35N1st E
Rexburg, ID 83440
Regal Hill Properties, LLC
336 Grand Loop Ave.
Rexburg, ID 83440
(208) 390-8473
aaron@vueadvisors.com
RE: Opposition to Rezoning of Trejo Professional Park Division 2, Lots 7 Block 4 and 3 Block
2 (312 and 316 Grand Loop) from Community Business Center (CBC) to Multi -Family
(MDR1)
Dear Council Members and Planning and Zoning Officials,
I am writing on behalf of Strong Timber LLC, DJW Properties LLC, and Regal Hills Properties
LLC. As owners, managers, and concerned stakeholders of Trejo Professional Park, we are
OPPOSED to the pending request for rezoning of Division 2, Lots 7 Block 4 and 3 Block 2,
from Community Business Center (CBC) to Multi -Family Residential (MDR1). After a
thorough review of the proposed rezoning and its potential impacts, I urge the Council to
REJECT this request due to the adverse effects it would cause on the existing and intended
use of Trejo Professional Park.
1. Existing Covenants and Current Land Use
Trejo Professional Park is a specifically designed and developed professional park, as
indicated in the recorded covenants, conditions, and restrictions (CC&Rs; see attached)
that run with the land. These covenants, filed with the plat, designate the property
exclusively for professional and commercial office use. The title of the development,
"Professional Park," reinforces this singular intended use, which has guided all planning,
construction, and investment within Divisions 1 and 2 of the park.
The covenants not only define the architectural styles permitted within the park but
explicitly restrict the use to commercial and professional purposes. A rezoning from CBC to
MDR1 would directly violate these covenants and be entirely incompatible with the park's
established character and function. While the covenants allow for amendment, a rezoning
request as drastic as this goes against the original intent and legal framework under which
the property and surrounding businesses have operated.
2. Adverse Effects on Current Commercial Use
Allowing a transition to multi -family residential use would pose significant challenges and
detrimental impacts to the established commercial nature of Trejo Professional Park:
• Traffic and Parking Issues: Professional parks, by design, regulate and plan for
traffic flows related to business and office use. A transition to multi -family
residential zoning introduces a distinctly different traffic pattern, potentially leading
to overcrowding of streets, insufficient parking for tenants, and unsafe conditions
for both residents and businesses. Empirical data from similar rezoning cases
shows a marked increase in traffic congestion when multi -family housing is
introduced into commercial zones, resulting in operational difficulties for existing
businesses.
• Impact on Property Values and Investment: Over the years, millions of dollars
have been invested in the surrounding lots, consistent with the CBC zoning and
professional office use. A zoning change would create a non -conforming use that
negatively affects the value of these properties and disincentivizes future
professional development. The introduction of a non-commercial element into a
professional park undermines the very reason for its establishment, thereby
reducing the return on investment for current owners and discouraging new
business tenants from occupying vacant or future office spaces.
3. Legal Precedent and Comprehensive Plan Inconsistency
Case law has consistently upheld the rights of commercial landowners to oppose rezoning
efforts that create incompatible land use. In Village of Euclid v. Ambler Realty Co. (1926),
the U.S. Supreme Court recognized the importance of zoning to preserve property values
and uphold the character of neighborhoods. Similarly, Idaho courts have ruled in Green V.
Canyon County Commissioners (2011) that a rezoning request must be evaluated based on
its consistency with the existing comprehensive plan and the adverse effects on
surrounding property owners.
Trejo Professional Park was expressly zoned as CBC to fulfill a specific professional and
commercial purpose. The comprehensive plan of Rexburgfurther underscores the
importance of strategic zoningto foster business growth and stability. The introduction of
MDR1 zoning into this area contradicts the city's long-term vision for this site, as outlined in
the comprehensive plan, and sets a dangerous precedent for undermining established
zones.
4. Negative Impact on Current and Future Tenants
The presence of residential units in a professional park creates conflicts in land use that
are difficult to reconcile. Multi -family developments often introduce noise, increased foot
traffic, and other residential -related issues that diminish the appeal of the park for
business tenants. This rezoning would discourage future tenants from leasing office space
in Trejo Professional Park, affecting occupancy rates and destabilizing the commercial
viability of the area.
Conclusion
In summary, I strongly urge the Planning and Zoning Department to reject the proposed
rezoning of 312 and 316 Grand Loop, Rexburg, Idaho. The rezone from CBC to MDR1 would
violate the covenants that run with the land, create non -conforming land use, disrupt
existing commercial operations, and undermine millions of dollars invested in the
surrounding professional properties. The adverse effects, including traffic congestion, loss
of property value, and long-term negative impacts on the commercial viability of the park,
far outweigh any perceived benefits of the rezoning request.
Thank you for your consideration of this matter. I look forward to discussing this further
during the public hearing.
Sincerely,
�ll�iI �,Iwi
Sam Cook
Managing Member,
ahnr
Bill Tanner
Managing Member,
Aaron Marcum
Managing Member,
Strong Timber, LLC DJW Properties, LLC Regal Hills Properties, LLC
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Schiess & Associates
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Declaration Of Covenants, Conditions, and Restrictions For
TREJO PROFESSIONAL PARK
1. CREATION OF COVENANTS CONDITIONS, EASEMENTS
AND RESTRICTIONS.
I.I. THIS DECLARATION is made and entered into by BAGLEY
ENTERPRISES, an Idaho partnership.
1.2. THE REAL PROPERTY. Declarant is the actual and record owner of the
real property situated in the City of Rexburg, County of Madison, State of Idaho, more particularly
described exhibit "A" attached hereto and made a part hereof:
1.3. PROPERTY IN THE PROJECT. The property that is the subject of this
declaration consists of the above -described real property together with certain improvements
heretofore or hereafter constructed upon that real property and all the Common Areas of the
Project.
1.4. CREATION OF OWNERSHIP. Declarant intends to and does hereby create
a Project known as "Trejo Professional Park" according to the Plat recorded as Instrument No.
31t 790 , Madison County, State of Idaho records, and further declares that all of the
properties described shall be held, sold and conveyed subject to the following easements,
restrictions, covenants and conditions (CCR's), which are for the purpose of protecting the value,
enjoyment and desirability of, and which shall run with the real property and be binding on all
parties having any right, title or interest in the described properties or any part thereof, their heirs,
successors and assigns and shall inure to the benefit of each owner thereof. The Declarant hereby
declares its intent to and does hereby create a separate ownership of the Project. All such
ownership shall be governed by and be subject to both the provisions of this Declaration and all
amendments that may hereafter be made hereto and the Act as in effect on the date on the
recording of this declaration.
1.5. PLAT. The Plat, as described above, identifies each Lot, its relative location
and approximate dimension, with designation thereon of all areas that shall be Common Areas.
2. DEFINITIONS. The terms used herein, unless otherwise defined herein, shall
have the meanings given such terms in the Act.
2.1. "Association" means Trejo Professional Park Owners' Association, Inc., a
non-profit corporation composed of all Owners, including all present and future Owners, and their
CC&R's - Trejo Professional Park Instrument # 311791
REXBURG, MADISON, IDAHO
20D4-05-03 02:31:00 No. f P es: 22
Recorded for : TERRY BA LEY
MARILYN R. RASMUSSE Fee: 66.00
Ex-Offlclo Recorder Dep
successors and assigns.
2.2. "Board of Directors" or "Board" shall be the Board of Directors of the
Trejo Professional Park Owners Association, Inc., and shall manage the project.
2.3. "Common Area" means the area set forth as "common area" in Block 1 as
designated on the plat excluding public streets. Common Areas shall be general Common Areas.
2.4. "Common Expense" means any amounts assessed against the Owners
pursuant to the Act, this Declaration, or such rules and regulations pertaining to the Project as the
Board of Directors may from time to time adopt, and pursuant to such other determinations and
agreements lawfully made and/or entered into by the Board of Directors. Common expenses shall
specifically include but not be limited to, all charges or assessments for the care, maintenance,
and/or repair of the project and for the common good and benefit of the Lot Owners. Common
expense charges to each Owner shall be based on each Owner's percentage of ownership of the
total completed building space within the project. Due to the progressive nature of completion of
the Project, this percentage will change each time a building is completed. The Board shall give
notice to each Owner of the change in percentage and the resultant modification of Common
Expenses. Each Owner is Expected to pay the modified charge upon receipt of the billing for that
amount. Exhibit "B" attached hereto and made a part hereof reflects the final percentages for
calculation of Common Expense upon completion of all buildings within the Project. The Board
shall have the authority to collect unpaid assessments. Unpaid assessments shall be a lien on the
Lot.
2.5. "Lease" means any agreement for the leasing or rental of property.
2.6. "Lot" means Lots 1 through 6 of Block 1 and Lots 1 and 2 of Block 2 of
Trejo Professional Park, with the boundaries described, indicated and shown upon the recorded
subdivision plats or Records of Survey of the properties, and which is not a part of the Common
Area. No Lot shall be split, partitioned into smaller Lots without consent of all the Board of
Managers of the Project. Where the context is applicable, Lot shall include buildings or other
improvements made upon the Lot.
2.7. "Mortgage" means any mortgage, deed of trust, or any other security
instrument by which a Unit or any other part thereof is encumbered.
2.8. "Mortgagee" means any person, bank, savings and loan association,
established mortgage company, or other entity chartered under federal or state laws, or any
successor to the interest of such, named as mortgagee, trust beneficiary, or creditor under any
Mortgage, as Mortgage is defined in the immediately preceding paragraph.
2.9 "Owner" or "Lot Owner" means any person(s) or entity who holds an
Ownership interest in a Lot in the Project that is reflected in the records of the Recorder's Office
CC&R's -Trejo Professional Park -2-
of Madison County, Idaho. "Owner" shall refer to the record owner, whether one or more persons
or entities, of fee simple title to any Lot, including contract Sellers, but excluding those having
such interest merely by security for the performance of an obligation. "Owner" does not refer to
any Mortgagee, as herein defined, unless such Mortgagee has acquired title pursuant to
foreclosure or any proceeding in lieu of foreclosure. If ownership of a Lot is held by one or more
persons or entities, the multiple Owners of that Lot shall be deemed a single Owner for purposes
of voting in meetings of the Association.
2.10. " Project" means the entirety of the property divided or to be divided into
Lots and the Common Areas.
3. TITLE OF LOTS
3.1. LEGAL DESCRIPTIONS OF LOTS. For purposes of conveying,
mortgaging, or otherwise effecting the title, any Lot may be legally described by its identifying
number as shown on the Plat. Such legal description shall be construed to describe the Lot and the
appurtenant undivided interest in the Common Areas and to incorporate all the rights and
limitations incident to the ownership of a unit in this Project. Such legal description shall be
substantially as follows:
Lot No. _, Block _, Trejo Professional Park, City of Rexburg,
County of Madison, State of Idaho, as per duly recorded plat thereof.
3.2. CONVEYANCES AND FORM OF HOLDING LOTS. The Lots in the
Project may be conveyed and recorded as individual properties capable of independent usage,
each having its own exit to the Common Area of the Project. Each Lot may be held in any
traditional form of holding real property interest including, but not limited to, community
property, joint tenancy, or tenancy in common. The Owners of the respective Lots shall have the
absolute right to lease the area within each Lot provided the lease is made subject to the CCR's
and to the rules and regulations made by the Board.
4. NATURE OF OWNERSHIP.
4.1. OWNERSHIP OF COMMON AREAS. Each Owner shall own an
undivided interest, as described in Exhibit "C", in the Common Areas as a Tenant in common
with all the other Owners of the property. Except as otherwise limited in this Declaration and/or
the rules and regulations adopted by the Board of Directors, each Owner shall have the right to use
the Common Areas for all purposes incident to the use and occupancy of his Lot and such other
incidental uses permitted by this Declaration, which right shall be appurtenant to and run with his
Lot.
CC&Ws - Trejo Professional Park -3-
4.2. COVENANTS APPURTENANT TO UNITS. All rights or interest and all
obligations or restrictions of an Owner created hereunder shall be deemed appurtenant to his Lot
and shall not be separable therefrom. Any conveyance or encumbrance of a Lot shall also be
deemed a conveyance or encumbrance of those appurtenant rights or interests even though such
rights or interests are not expressly referred to in such conveyance or encumbrance.
4.3. NONSEPARABILITY OF COMMON AREA. The Common Areas shall
remain undivided and shall not be separated from the Lots to which they are appertained. No
Owner shall bring any action for partition or division of interest in the Common Areas or of Lots
from their appurtenant interest in Common Areas. Notwithstanding the foregoing, the Board of
Managers may assign specific parking areas to individual Lots.
4.4. COVENANTS TO RUN WITH THE LAND. This Declaration and all
covenants, restrictions, limitations, easements, conditions, and uses as herein provided for shall
constitute covenants to run with the land hereby submitted to the Project and shall be a burden
and/or a benefit to the Declarant, its successors and assigns; and to any person acquiring any
interest in the above described real property or Lots, and to their heirs, executors, administrators,
personal representatives, successors and assigns.
5. EASEMENTS
5.1. ENCROACHMENTS. In the event that, by reason of the construction,
reconstruction, settlement or shifting of a building, any part of a building, or any part of any
building encroaches or shall hereafter encroach upon any part of an easement, or Common Area,
if by reason of the design or construction of utility systems, any main pipes, ducts, or conduits
serving more than one Lot encroach or shall hereafter encroach upon any part of any Lot, valid
easements for the maintenance of such encroachment and for the use of such adjoining space shall
exist for the benefit of such Lot, so long as all or any part of the building or buildings containing
such Lots shall remain standing; provided, however, that in no event shall a valid easement for
any encroachment to be created in favor of the Owner of any Lot or in favor of the Owner of the
Common Area if such encroachment occurred subsequent to the original construction by
Declarant and/or is due to willful conduct of said Owner or Owners.
5.2. EASEMENTS FOR CERTAIN UTILITIES. The board of Directors, as
hereinafter provided, may grant easement from time to time for utility purposes for the benefit of
the Project (so long as such easements does not unreasonable restrict the use and/or enjoyment of
a Lot), including the right to install, lay, maintain, repair and replace water mains and pipes, sewer
lines, gas mains, telephone wires and equipment, electrical conduits, and wires over, under, along
and on any portion of the project as necessary; and each Owner hereby grants the Board of
Directors an irrevocable power of attorney to execute, acknowledge, and record, for and in the
name of such Owner, such Instruments as may be necessary to effectuate the foregoing.
CC&R's - Trejo Professional Park -4-
5.3. EASEMENTS TO RUN WITH LAND. All easements and rights described
herein are appurtenant, running with the land, perpetually in full force and effect, and at all times
shall inure to the benefit of and be binding on the undersigned, its successors and assigns, and any
owner, purchaser, mortgagee, and other person having an interest in the Project or any part thereof
shall be subject thereto as though such easement and rights were recited fully and completely set
forth in their entirety. No reference to such easements and rights shall be necessary to create or
reverse such easements or rights referred to herein in any deeds of conveyance, mortgages or trust
deeds or other evidence of obligation.
6. TREJO PROFESSIONAL PARK OWNERS ASSOCIATION CREATED
Simultaneously with this Declaration, Declarant shall create and form TREJO
PROFESSIONAL PARK OWNERS' ASSOCIATION, INC., a non-profit corporation (hereinafter
"Association"). The purposes and powers of the association shall be all of the purposes and
powers as set forth in the articles of Incorporation subject to the provisions of the By -Laws of the
Corporation, All Lots and Owners shall be subject to the Articles of Incorporation and bylaws of
the Association. The Association shall perform the duties and enforce the covenants and
restrictions set forth in this Declaration.
7. RULES AND REGULATIONS.
7.1. ADMINISTRATIVE RULES AND REGULATIONS. Subject to the
approval of Terry Bagley or John Bagley (or Declarant's agent if otherwise named), until
resignation or until Declarant no longer owns any Lots in the Project, the Board of Directors of the
Association shall have the power to adopt and establish by resolution such building, management,
use, and operational rules as it may deem necessary for the maintenance, operation, management,
occupation, and control of the Project. See (Exhibit "C" Rules and Regulations) and (Exhibit "D"
Hazardous Material)
7.2. COMPLIANCE. All Owners shall comply with the provisions of this
Declaration, the Association bylaws, and the administrative rules and regulations adopted by the
Board of Directors and shall require such compliance from their clients, children, tenants, guests,
employees and any other person whom they invite upon the Project. All agreements, decisions and
determinations lawfully made by the Board shall be deemed to be binding on all Owners and shall
inure to their benefit. Each Owner, any group of Owners, or the Board shall have standing
authority unless otherwise provided, to enforce by any legal means, including suit for specific
performance, injunctive relief or damages, the provisions of the Declaration, the bylaws, and any
duly adopted decisions, resolutions, rules or regulations of the Board.
73. ARCHITECTURAL STYLE AND COMMON LANDSCAPING. To
ensure conformity within the Project, a Common Architectural Design and a Common
Landscaping Scheme is hereby declared as a part of the Project. Both the Common Architectural
CC&R's - Trejo Professional Park -5-
Design and the Common Landscaping Scheme will be administered by a committee to be known
as the Architectural Control Committee (hereinafter the "Committee"). By this Declaration, the
Declarant establishes the existence of this Committee.
7.3.1. Purpose. The purpose of the Committee shall be to implement the
design and landscaping requirements made applicable to the Project by this Declaration and other
documents applicable to the Project.
7.3.1.i. Initial Members of the Committee. The initial Members of the
Committee shall be Terry Bagley and John Bagley. Terry Bagley and John Bagley shall serve as
Members of the Committee until they resign or until all buildings within the Project are
constructed. Additional Members shall be added to the Committee upon consent of Tent' Bagley
and John Bagley.
7.3.2. Common Architectural Design. All buildings within the Project
shall be of first quality construction and designed in accordance with a Common Architectural
Design (hereinafter the "Design") as follows:
7.3.21 Roof pitch. For building up to 3000 square feet, roof pitches will
be no less that three (3) vertical inches to twelve (12) horizontal inches and not more than eight
(8) vertical inches to twelve (12) horizontal inches. For building larger than 3000 square feet, the
Architectural Committee must review and approve the roof pitch prior to construction.
7.3.2.ii. Exterior finishing materials. The exterior materials for all
buildings shall be exclusively a combination of cultured rock, brick, stucco and siding. The
Architectural Committee shall have the right to approve all colors, and no construction may
proceed until the color of the exterior finishing materials is approved.
7.3.2.iii. Roofing Materials. All roofing materials must to be reviewed and
approved by the Architectural Committee prior to construction.
7.3.2.iv. Design approval. The Architectural Committee must approve all
building designs prior to construction, including original construction and any subsequent
modification of the original construction to ensure retention of the cohesiveness of the project.
7.3.2.v. Construction Company. Bagley Enterprises of Rexburg, Idaho
shall have the right of first refusal to be the contractor for the original construction of all buildings
and improvements within the Project. Should Bagley Enterprises opt not to be the contractor, it
shall have the right to approve or disapprove the contractor, including a Lot owner acting as
his/her own contractor, chosen for construction.
7.3.3. Common Landscaping Scheme. All landscaping within the Project,
including that within common areas and that within lot lines as shown on the Plat will be
completed according to a Common Landscaping Scheme (hereinafter the "Scheme"). This Scheme
CC&R's - Trejo Professional Park -6-
will be established by the Developer and will result in a pleasing and cohesive design. All
landscaping within the Lot lines and surrounding each building within the Project will be installed
upon completion of each building by the Owner of the Lot in accordance with the Scheme. After
installation, all landscaping improvements, common area and that area surrounding each building
within the lot lines of the Project, will be subject to common area maintenance and charges as
detailed in Section 2.5 hereof and will be maintained by the Board.
7.3.4. Rules and Regulations of the Committee. The Members of the
Committee shall make such rules and regulations as are necessary to administer the
implementation of the architecture and landscaping requirements referenced herein. These rules
and regulations will be available for inspection at the offices of Bagley Enterprises, 4805 S. 3300
W., Rexburg, Idaho, or at such other place as Bagley Enterprises may be subsequently located.
7.3.5. Dissolution of Architectural Control Committee. At such time as
all buildings within the Project are constructed, the Committee will be dissolved. Upon
dissolution of the Committee, any functions or decisions that had, until such dissolution, been
made by the Committee will pass to the Board of Directors of the Association.
7.4. PRIOR APPROVAL. No building, fence, wall, or other item of permanent
nature shall be constructed, erected, placed, or altered on any Lot until construction plans,
building specification, Unit plan reflecting location of the improvements (including side yards,
setbacks, topography and finish grade location), quality of workmanship, materials, and harmony
of external design and color has been approved by the Committee or the Board if the Committee
has been dissolved. Subject to said approval, all other buildings shall be constructed harmonious
in style and quality to the existing buildings on any Lot.
7.5. NUISANCE. No noxious, offensive, or annoying activity, nor immoral,
improper, Or unlawful use, shall be allowed or permitted on any Lot. Any activity or use that is or
becomes an annoyance and/or nuisance to, or interferes with, the peaceful possession and proper
use of any Lot, shall be prohibited. The terms "offensive" and/or 'improper" shall include the
open storage of junk and/or non -operating automobiles, trucks, or other vehicles, and/or other
forms of bulk storage not normally associated with the professional use of property. Storage of
such items may be permitted if confined to locations and defined areas enclosed by a building, all
as approved by the Board. No Owner shall permit any use of his Lot or Common Area that would
increase the rate or insurance upon the Project. Without limiting the generality of any of the
foregoing provisions, no external speakers, horns, whistles, bells or other sound devices used
exclusively for security purposes, shall be located, used or placed upon any Lot without approval
of the Board. The Board shall have authority to enforce this provision at the cost of the offending
Lot Owner.
7.6. CLEAN CONDITION. Each Lot and all improvements thereon shall be
kept in a clean and sanitary condition and no rubbish, refuse, or garbage shall be, allowed to
accumulate, nor any fire hazard to exist. Trash, garbage or other waste shall not be kept, except in
sanitary containers. All equipment for the storage or disposal of such materials shall be kept in a
CC&R's - Trejo Professional Park -7-
clean and sanitary condition and not become offensive or a nuisance. The Board may place
additional restrictions on the placement of such containers. The Board shall have authority to
enforce this provision at the cost of the offending Lot Owner.
7.7.OWNER'S OBLIGATION TO MAINTAIN AND REPAIR. Each Owner,
at his expense, shall keep his Lot and any improvements in good order, condition, and repair and
in a clean and sanitary condition, and shall do all redecorating and painting which may at any time
be necessary to maintain the good appearance of his Lot. Owner shall repair all injury or damages
to the Project caused by the deliberate, negligent or careless action or inaction of such Owner, his
clients, agents, employees, guests, and/or invitees and all such repairs, redecorating and painting
shall be of quality and kind equal to the original work. The Board shall have the authority to
enforce this provision at the cost of the offending Lot Owner.
7.8. APPEARANCE. No Lot or common area or portions thereof shall be
neglected or permitted to fall into an unsightly, displeasing or unattractive state, or permitted to be
overgrown with weeds or strewn with rubbish.
7.9 BOARD ENFORCEMENT. The Board shall have the power and shall be
authorized at its discretion and at the request of any other Owners in such properties, to take any
actions it deems appropriate to remedy any violation of paragraphs 7.5, 7.6, 7.7, and 7.8 without
responsibility or liability to the complaining Owners, and at the expense of the failing or
neglecting Owners.
7.10. DECLARANT'S USE OF THE PROJECT. Until the Declarant has
completed and sold all Lots in the Project, the Owners and the Association shall not interfere with
the sale of the Lots. The Declarant may make such use of the unsold Lots and grounds as may
facilitate such completion and sale, including but not limited to, the maintenance of a sales office,
and showing of the Project, the display of signs, and access for construction.
7.11. LEASING OF LOTS. The Owners of the respective Lots shall have
absolute right to lease the spaces within the Lot. Any such lease, however, shall be for a terra of
not shorter than one (1) year. Further, any such lease shall be subject to the covenants and
conditions of this Declaration and any rules and rules and regulations made by the Board. Any
breach of these covenants and conditions or of the rules and regulations shall constitute a default
under the lease.
7.12. EASEMENTS. Easements for the installation and maintenance of utilities
and drainage are reserved as shown on the recorded plat or as described herein. No building shall
be located within the said easements.
7.13. COMMON AREAS. Subject to the limitations contained in this
Declaration, the bylaws, and any rules and regulations set forth by the Board, each Owner shall
have the non-exclusive right to use and enjoy the Common Areas. The Common Areas shall be
used only for the purposes for which they are intended, i.e., the furnishing of services and
CC&R's - Trejo Professional Park -8-
facilities for the enjoyment of the Lots. There will be no reserved parking spaces for individuals in
the Project.
7.14. SIGNS. All signs within the Project will conform to the provisions of any
applicable local ordinance and will be subject to the approval of the Committee or its delegated
agent in this regard. Individual signs for each owner/user are permitted provided the signs do not
exceed 25 square feet in size. These signs may be a monument style sign erected in front of the
building or attached to the building. Declarant will erect one or more monument style signs at the
entrance of or appropriate locations within the Project. Each sign will be erected at Declaranfs
expense and will provide up to eighteen (18) equal spaces for posting each Unit's business use.
Each Owner will be responsible to pay for its individual lettering on the sign_ All individual signs
and all lettering shall be according to the Common Architectural Scheme, will be mandated and
approved by the Committee.
7.15. ANIMALS. No animals, livestock, or poultry of any kind shall be raised,
bred, or kept in or on any Lot.
7.16. RECREATIONAL AND/OR OTHER VEHICLES. No recreational
vehicles nor any non -operating vehicles shall be kept within the Project.
7.17. ANTENNA/SATELLITE. Any antenna of any type greater than five (5)
feet in height must be approved by the Board. Satellite dishes shall not be allowed closer to any
street than the rear line of the building. No satellite dishes larger than twenty inches (20") in
diameter shall be allowed.
7,18. BOARD'S REVIEW. Any question or dispute as to whether the use of a
particular Lot is in compliance with these Covenants shall be submitted to the Board. The Board
shall review the matter and make a determination within thirty (30) days. The Board's
determination on any matter shall be final and binding upon all parties concerned.
7.19. BOARD'S DECISION. The Board's decision shall he final and binding
upon all Owners within the Project.
8. DESTRUCTION. DAMAGE PARTITION, AND TERMINATION
8.1. ABANDONMENT. The Declarant, the Board of Directors, or Owners shall
not abandon or terminate the Project without the prior written approval of any mortgagee holding
or having a mortgage on a Lot within the Project.
8.2. DAMAGE OR DESTRUCTION. In the event the Common Areas of the
Project are destroyed or damaged to the extent of seventy-five percent (75%) or less than the value
thereof, the Owners shall be responsible for the repairing, rebuilding, and/or restoring the same to
the condition it was in immediately prior to such destruction or damage, and may be entitled to
use for such purposes the proceeds of any and all insurance policies which the Association may
have had hi force on said premises as of the date of such destruction or damage. In the event the
CC&R's - Trejo Professional Park -9-
Common Areas of the Project are destroyed or damaged to the extent of more than seventy-five
percent (75%) of the value thereof, the Association shall, at a meeting duly called that purpose,
determine whether or not the Project should be rebuilt, repaired or disposed of Unless Owners
entitled to not less than two-thirds (2/3rds) of the voting power of the Association agree to the
withdrawal of the Project from the Provisions of the Act and to its subsequent disposal, the
Project shall be repaired, rebuilt or restored to the same condition it was in immediately prior to
the destruction or damage. In the event the cost of such repairing, rebuilding, or restoring shall
exceed the amount realized from the proceeds of the Association's insurance policies as herein
provided, the Owners shall contribute to such cost in relation to their percentage of ownership in
those parts of the Project to be repaired or rebuilt. Any institutional holder of a first mortgage on
any Unit so affected shall be notified by written notice by the Board.
8.3. CONDEMNATION. In the event of taking of a Lot or any portion thereof by
Condemnation or by eminent domain, or is otherwise sought to be acquired by an authority, then
the mortgage holder of any mortgage shall be given written notice and nothing herein shall entitle
an Owner of a Lot or any other party to priority over such mortgage holder with respect to the
distribution to such Unit of the proceeds of any such award or settlement.
8.4. NO PARTITION. A Lot shall not be partitioned as between persons having
an interest therein, but if grounds for such partition exist at law or in equity, the Lot shall be sold
as a Lot and the proceeds divided in accordance with law.
8.5. BOARD OF DIRECTORS, ATTORNEY IN FACT. All of the Owners
irrevocably constitute and appoint the Board as their attorney in fact for the purpose of dealing
with the Project if it is damaged or destroyed. Acceptance by any grantee of a deed from the
Declarant or from any Owner shall constitute such appointment; however, the Board shall not
exercise this power of attorney until two-thirds (2/3rds) or more of the voting power of the
Association votes in favor of having it do so and further until Owners representing two-thirds
(2/3rds) or more of the voting power of the Association have executed a certificate certifying that
use of such power of attorney has been authorized and is properly exercisable under this
Declaration and such certificate has been placed of record.
9. INSURANCE
9.1. COVERAGE. The Board may secure and maintain the following insurance
coverage:
9.1.1. A multi -peril type policy providing coverage for fire insurance with
extended coverage endorsements for the fall insurable replacement cost of the Common Areas and
any and all interests appurtenant or associated therewith.
9.1.2. A policy or policies insuring the Board and the Owners against any liability
arising from the ownership, use or maintenance of any portion of the Project, including use of
Lots or Common Areas by anyone. Limits of liability under such insurance shall in no event be
CC&R's - Trejo Professional Park -10-
less than $ for bodily injury; and shall not be less than $
for property damage for each occurrence. Such limits and coverage shall be reviewed at least
annually by the Board and amended if inadequate. Said policy or policies shall deny subrogation
rights against Owners.
9.1.3. Compensation to the extent necessary to comply with any applicable laws.
9.1.4. Insurance for such other risks as are or hereafter may customarily be covered
with respect to other Projects similar in construction, design, and use.
9.2. INSURED. The name of the insured under each such policy shall be stated in
the name of the `Trejo Professional Park Owners' Association, Inc." for the use and benefit of
the individual Owners.
9.3. MORTGAGEE CLAUSE. Each such policy or policies shall provide for a
standard mortgagee clause in favor of any mortgagee of each Lot. Any proceeds payable
thereunder shall be payable to the Owners 'Association for the use and benefit of the mortgagee,
as their interests may appear. The Mortgagee Clause shall provide for notice to said Mortgagee ten
(10) days in advance of the effective date of any reduction in or cancellation of the policy.
9.4. INSURANCE UNDERWRITING. Each hazard policy must be written by
an insurance carver which has a financial rating in Best's Insurance Reports of BBB+ or better.
9.5. COMMON EXPENSE. The cost of any Insurance policy(s) described
herein shall be a common expense. Each Owner shall, in addition to and without prejudice, insure
his own Lot and any improvements for his own benefit in any amount satisfactory thereto, but not
less than $ for bodily injury. However, no such policy shall decrease in
any way the amount which the Association on behalf of the Owners shall realize under the
policies so authorized.
9.6. AUTHORITY TO ADJUST. The Board shall have exclusive authority to
resolve claims under insurance policies it may deem necessary to have. However, any claims as
to any personal liability of any Owner arising out of the ownership, use, operation, or management
of the common areas may be compromised or settled as to his portion of any such claim by any
Owner without prejudice to the remaining balance thereof and without the same constituting
evidence for or against any such claimant.
10. AMENDMENT
This Declaration and the covenants, restrictions, and provisions may be altered, amended or added
to at any duly called Owners' Association meeting; provided:
A) that the notice of the meeting shall contain a full statement of the proposed
CC&R's - Trejo Professional Park -11-
amendment;
B) that the amendment shall be approved by two-thirds (2/3rds) of the Owners in
number and common interest; with Declarant having the same number of votes as it has
ownership of Lots, and
C) said amendment shall be set forth in a duly recorded amendment hereto.
However, no amendment will affect or impair the validity or priority of the Owners' interests and
the interests of holders of a mortgage encumbering a Lot or Lots.
11. BINDING EFFECT
The provisions of this Declaration, the Association's Articles of Incorporation and
bylaws, and rules and regulations of the Board, shall be and are hereby made apart hereof and are
binding upon any and all persons acquiring any interest in the above described real property and to
their heirs, executors, administrators, personal representatives, successors and assigns.
12. CONSTRUCTION
12.1. SEVERABILITY. In the event that a phrase, sentence, clause, or paragraph
contained herein should be invalid or should operate to render this agreement invalid, this
Declaration shall be construed as if such invalid phrase, sentence, clause, or paragraph were
written in such a way as to make it valid to the extent allowed by law.
12.2. GENDER AND NUMBER. The singular, wherever used herein, shall be
construed to mean the plural when applicable, and the necessary grammatical changes required to
make the provisions hereof apply either to corporations or individuals, men or women, shall in all
cases be assumed as though in each case fully expressed.
12.3. WAIVERS, No provisions contained herein shall be deemed to have been
waived by reason of any failure to enforce it, irrespective of the number of violations which may
occur.
12.4. TOPICAL READINGS. The topical headings of the paragraphs contained
herein are for convenience only and do not define, limit or construe the contents of the paragraphs
herein.
12.5. EFFECTIVE DATE, This Declaration shall take effect upon recording
hereof.
12.6. STATUS OF TITLE; PROPERTY TAXES. This Declaration is granted
subject to all prior easements and encumbrances of record. Each Owner warrants that it will
CC&R's - Trejo Professional Park -12-
defend the title and other Owner's interests under this Declaration against any mortgage, tax lien
or construction of other lien claim: (i) which affects the Project or Lot, (ii) which asserts priority
over the interest of the other Owner(s) in enforcing this Declaration or which affects any other
Owner(s) rights under this Declaration, and (iii) which is attributable to the party itself or its
tenants, agents, contractors or subcontractors. This Declaration will not be subordinated or
rendered inferior to any future financing by any Owner. Each Owner shall pay before delinquent
all property taxes and assessments assessed on such Owner's Lot and the improvements
constructed thereon. Should any Owner fail to pay any assessment, the Association may pay it on
behalf of said Owner. Said Owner shall reimburse to Association all amount paid on Owner's
behalf, with interest to accrue at the rate of 18% per annum.
12.7. ATTORNEY'S FEES. In the event suit or action is instituted to interpret or
enforce any of the terms of this Declaration, the prevailing party shall be entitled to recover from
the other party such sum as the court may adjudge reasonable as costs of litigation (including
discovery costs), and as attorneys' fees in preparation for and at trial, on appeal of such or action
and on any petition for review, in additional to all other sums provided by law.
12.8. INDEMNITY. Each Owner shall defend, indemnify and hold the other
Owners harmless from any claim, loss, liability or expense (including discovery costs and other
litigation costs, and reasonable attorney's fees) that: (i) arises out of or in connection with the
failure to perform or comply with the terms, restrictions and provisions of this Declaration by the
Owner; or (ii) arises out or of in connection with the intentional acts or gross negligence of the
Owner or the employees, representatives, agents and independent contractors of the Owner; or
(iii) arises or results from the performance of any construction activities performed or authorized
by such indemnifying Owner; provided the obligation to defend, indemnify and hold harmless for
matters described in clauses (ii) and (iii) shall in the event of concurrent negligence or misconduct
exclude claims to the extent that they are caused by the negligence or intentional misconduct of
the indemnified person, or its agents, contractors or employees (while acting in such capacity).
12.9. ENTIRE AGREEMENT, This Declaration supersedes and replaces all
written and oral agreements previously made or existing with respect to the matters set forth
above.
12.10. NOTICES. Notices given under this Declaration shall be in writing and
delivered by certified or registered U. S. Mail, postage prepaid with return receipt requested; by
United States express mail or other established express delivery service (such as Federal Express),
postage or delivery charge prepaid; by facsimile or other telecommunications device capable of
transmitting or creating a written record; or personally. Each Owner shall give notice to each other
Owner of its address for notice by written notice to the other Owners. Unless Declarant designates
another address for notice pursuant to this Section, notices to Declarant should be delivered to PO
Box 122, Rexburg, ID 83440. In the absence of such notice of an Owner's address for notice,
purposes, any notice under this Declaration may be given to the address to which property tax
statements are delivered by the taxing authority. For the purposes of this Declaration, the term
"receipt" shall mean the earlier of any of the following; (i) the date of delivery of the notice or
CC&R's - Trejo Professional Park -13-
other document to the address specified pursuant to this Section as shown on the return receipt of
by the records of the courier, (ii) the date of actual receipt of the notice of other document by the
office of the person or entity specified pursuant to this Section, or (iii) in the case of refusal to
accept delivery or inability to deliver the notice or other document, the earlier of (A) the date of
the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return
receipt, or (C) the date of receipt of notice of refusal or notice of non -delivery by the sending
ply
12.11. EFFECT OF DECLARATION. Nothing in this Declaration, express or
implied, shall confer upon any person, other than the Owners or their successors or assigns, any
right or remedies under or by reason of this Declaration. The rights and remedies of tenants and
other persons are limited to those contained in the lease agreements or other agreements the
Owners or their successors or assigns may have with such tenants or other persons and to those
rights and remedies otherwise explicitly conferred by such Owners and their successors or assigns
on such persons. Nothing in this Declaration shall prevent any Owner or its successor or assign
from imposing on such Owner's or successor's or assign's own tenants or other persons being
granted rights of use, either expressly or by implication, by the Owner or its successors or assigns,
such rules, regulations and restrictions as the Owner or its successors or assigns may determine to
be necessary or appropriate. Each right granted pursuant to this Declaration is expressly for the
benefit of the property described in Exhibit "A" hereto.
12.12. NO PARTNERSHIP; DISCLAIMER. No provision of this Declaration or
previous (or subsequent) conduct or activities of the parties and/or present or subsequent
Owner(s) will be construed as making the parties andlor present or subsequent Owners a partner,
joint venturer, agent or principal of or with each other.
12.13. GOVERNING LAW. This Declaration will be governed and construed in
accordance with the laws of the State of Idaho.
12.14. NOT A PUBLIC DEDICATION. Except for the streets set forth in
Instrument No. 3 11 7 9 D , nothing contained in this Agreement shall be deemed to be a
gift or dedication of any portion of the Development to the general public or for the general public
or for any public purpose whatsoever, it being the intention of the parties that this Declaration
shall be strictly limited to and for the purposes herein expressed.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of
March, 2004.
CC&R's - Trejo Professional Park -14-
Beginning at a point that is S O'l6'16" E 659.48 feet and S 89'48'10" W
181.89 feet from the east quarter corner of Section 25, Township 6 North,
Range 39 East of the Boise Meridian, Madison County, Idaho; point of
beginning also being on a curve with a radius of 25.00 Feet and a chord that
bears S 73'15'32" W 30.48 feet; thence to the right along said curve 32.77
feet through a central angle of 75'06'27" to a point of a reverse curve with a
radius of 23 feet and chord that bears N 79'41'32" W 44.85 feet thence to the
left along said curve 45.11 feet through a central angle of 21'00'36"; thence S
89'48'10" W 72.28 feet to a point of a curve with a radius of 567.42 feet and a
chord that bears S 77'04'19" W 250.09 feet; thence to the left along said
curve 252.16 feet through a central angle of 25'27'42" to a point of a reverse
curve with a radius of 766.44 feet and a chord that bears S 70'14'00" W
157.36 feet; thence along said curve 157.64 feet through a central angle of
11'47'05"; thence N 00'15'55" W 108.32 feet along the east lot line of lot 1,
block 3 of the Westates subdivision division no. 1; thence along the north lot
line of said lot 1, block 3 S 89'48' 10"W 190.43 feet; thence N 00'16'05" W
477.21 feet; thence N 89'32'54" E 374.23 feet; thence S 00'16'05" E 312.85
feet; thence N 89'32'54" E 268.55 feet to the west line of parcel instrument
no. 269976; thence along said west line S 00' 16' 16" E 167.22 feet; thence N
89'48'10" E 85.61 feet to the point of beginning, containing 5.54 acres.
EXHIBIT A
CC&R's - Trejo Professional Park -16-
EXHIBIT "B"
% of
Sq. ft. of
Lot
Common
Common
Total
Lot
Block
Sq. Ft.
Area
Area
Sq. Ft.
1
1
9940
23.25
14076
24007
2
10371
24.26
14678
25049
3
"
5743
13.44
8132
13875
4
5569
13.03
7884
13453
5
`°
5563
13.02
7877
13440
6
"
5557
13.00
7865
13422
[This space left blank intentionally.]
DECLARANT:
BAGLEY ENTERPRISES, an Idaho partnership
By: - 1
Terry Bag y - Partner
By:
John Bagley - Partner
STATE OF IDAHO )
)ss
COUNTY OF MADISON )
On this 3 day of lia 20N, before me, the undersigned, personally appeared Terry
Bagley and John Bagley, wn or identified to me to be the partners of Bagley Enterprises, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and
year in this certificate written.
ZZ41
Notary Public
O
PU���
a STA1E�'•rP;.
CC&R's - Trejo Professional Park -15-
Residing at: K L,
My Commission Expires: `1 -1- D (�
EXHIBIT "C"
Rules and Regulations
Owners/Lessees agrees as follows:
1. All loading and unloading of goods shall be done only at such times, in the
areas and through entrances designated for such purposes by the Association.
2. The delivery or shipping of merchandise, supplies and fixtures to and from the
Leased Premises shall be subject to such rules and regulations as in the
judgment of the Association are necessary for the proper operation of the
Premises.
3. No person shall use any utility area, truck facility or other area reserved for
use in connection with the conduct of business except for the specific purpose
for which permission to use such area is given.
4. The Common Areas shall remain undivided and shall not be separated from
the lots to which they are appertained. No Owner/Lesssee shall bring any
action for partition or division of interest in the Common Areas or of Lots
from their appurtenant interest in Common Areas. Notwithstanding the
foregoing, the Board of Managers may assign specific parking areas to
individual lots. The Lessee/Owner shall pay a fine to the Association of Thirty
Dollars ($30.00) for each parking violation of its employees, agents, or
licenses.
5. No person without the express consent of Association shall:
a. Vend, peddle or solicit orders for sale or distribution of any merchandise,
device, service, periodical, book, pamphlet or other matter whatsoever;
b. Exhibit any sign, placard, banner, notice or other written material;
c. Distribute any circular, booklet, handbill, placard or other material;
d. Solicit membership in any organization, group or association or
contribution for any purpose.
e. Parade, patrol, picket, demonstrate or engage in any conduct that might
tend to interfere with or impede the use of the community areas by Lessor
or any occupant or any employee or invitee of any occupant, create a
disturbance, attract attention or harass, annoy, disparage, or be detrimental
to the interest of any business establishments within the Office Building;
Throw, discard, or deposit any paper, glass or extraneous matter of any
kind, except in designated receptacles or create litter or hazards of any
kind;
Deface, damage or demolish any sign, light standard or fixture,
landscaping material or other improvements within, or property situated
with the Office Building.
6. The outside area immediately adjoining the premises shall be kept clean and
free from dirt and rubbish by Lessee/Owner to the satisfaction of Association.
7. The plumbing facilities shall not be used for any purpose other than that for
which they are constructed, and no foreign substance of any kind shall be
thrown therein, and the expense of any breakage, stoppage or damage
resulting from a violation of this provision shall be bome by Lessee/Owner
who shall, or whose employees, agents or invitees shall have caused it.
8. All floor area, including vestibules, entrances and returns, door fixtures,
windows and plate glass shall be maintained in a safe, neat and clean
condition.
9. No portion of the Office Building shall be used for lodging purposes.
Executed this - day of
^1i 20 00 V
By:
By:
EXHIBIT "D"
HAZARDOUS MATERIAL
1. Owner/Tenant shall not cause or permit any Hazardous Material to be brought upon, kept
or used in or about the Premises by Owner/Tenant, its agents, employees, contractors or
invitees, except for such Hazardous Material as is necessary or useful to Owner/Tenant's
business.
2. Any Hazardous Material permitted on the Premises as provided in Section 1 above, and
A containers therefore, shall be used, kept, stored and disposed of in a manner that
complies with all federal, state and local laws or regulations applicable to any such
Hazardous Material.
3. Owner/Tenant shall not discharge, leak or emit, or permit to be discharged, leaked or
emitted, any material into the atmosphere, ground, sewer system or any body of water, if
such material (as reasonably determined by the Landlord, or any governmental authority)
does or may, pollute or contaminate the same, or may adversely affect (a) the health,
welfare or safety of persons, whether located on the Premises or elsewhere, or (b) the
condition, use or enjoyment of the Building or any other real or personal property.
4. At the commencement of each Calendar Year, Owner/Tenant shall disclose to the
Association the names and approximate amounts of all Hazardous Material which
Owner/Tenant intends to store, use or dispose of on the Premises in the coming year. In
addition, at the commencement of each Calendar Year, beginning with the second
Calendar Year, Owner/Tenant shall disclose to Association the names and amounts of all
Hazardous Materials which were actually used, stored or disposed of on the Premises if
such materials were not previously identified to Association at the commencement of the
previous CalendarYear.
As used herein, the term" Hazardous Material" means (a) any "hazardous waste" as
defined by the Resource Conservation and Recovery Act of 1976, as amended from time
to time, and regulations promulgated thereunder; (b) any "hazardous substance" as
defined by the Comprehensive Environmental Response, Compensations and Liability
Act of 1980, as amended from time to time, and regulations promulgated thereunder; (c)
any `oil, petroleum products, and their by-products; and (d) any substance which is or has
become regulated by any federal, state or local governmental authority.
Owner/Tenant hereby agrees that it shall be fully liable for all costs and expenses related
to the use, storage and disposal of Hazardous Material kept on the Premises by the
Owner/Tenant, and the Owner/Tenant shall give immediate notice to the Association of
any violation or potential violation of the provisions of this Exhibit as stated in Section 2.
Owner/Tenant shall defend, indemnify and hold harmless Trejo Professional Park
Owners' Association, Bagley Enterprises and its Agents, from and against any claims,
demands, penalties, fines, liabilities, settlements, damages, costs, or expenses (including,
but without limitation to, attorney fees, consultant fees, court costs and litigation
expenses) of whatever kind or nature, known or unknown, contingent or otherwise,
arising out of or in any way related to (a) the presence, disposal, release, or threatened
release of any such Hazardous Material which is on, from, or affecting the soil, water,
vegetation, buildings, personal property, persons, animals, or otherwise; (b) any personal
injury (including wrongful death) or property damage (real or personal) arising out of or
related to such Hazardous Material; (c) any lawsuit brought or threatened, settlement
reached, or government order relating to such Hazardous Material; and/or (d) any
violation of any law applicable thereto. The provisions of this Section 6 shall be in
addition to any other obligations and liabilities Owner/Tenant may have to Trejo
Professional Park Owners' Association and Bagley Enterprises at law or equity and shall
survive the transactions contemplated herein and shall survive the termination of any
Lease.
uV
Executed this �� day
This is being recorded to replace those covenants recorded
May 3rd 2004 instrument No. 311791
Declaration Of Covenants, Conditions, and Restrictions For
TREJO PROFESSIONAL PARK
1. CREATION OF COVENANTS, CONDITIONS EASEMENTS
AND RESTRICTIONS.
1.1. THIS DECLARATION is made and entered into by BAGLEY
ENTERPRISES, an Idaho partnership.
1.2. THE REAL PROPERTY. Declarant is the actual and record owner of the
real property situated in the City of Rexburg, County of Madison, State of Idaho, more particularly
described exhibit "A" attached hereto and made a part hereof:
1.3. PROPERTY IN THE PROJECT, The property that is the subject of this
declaration consists of the above -described real property together with certain improvements
heretofore or hereafter constructed upon that real property and all the Common Areas of the
Project.
1.4. CREATION OF OWNERSHIP. Declarant intends to and does hereby create
a Project known as "Trejo Professional Park" according to the Plat recorded as Instrument No.
311790 , Madison County, State of Idaho records, and further declares that all of the
properties described shall he held, sold and conveyed subject to the following easements,
restrictions, covenants and conditions (CCR's), which are for the purpose of protecting the value,
enjoyment and desirability of, and which shall run with the real property and be binding on all
parties having any right, title or interest in the described properties or any part thereof, their heirs,
successors and assigns and shall inure to the benefit of each owner thereof. The Declarant hereby
declares its intent to and does hereby create a separate ownership of the Project. All such
ownership shall be governed by and be subject to both the provisions of this Declaration and all
amendments that may hereafter be made hereto and the Act as in effect on the date on the
recording of this declaration.
1.5. PLAT. The Plat, as described above, identifies each Lot, its relative location
and approximate dimension, with designation thereon of all areas that shall be Common Areas-
2. DEFINITIONS. The terms used herein, unless otherwise defined herein, shall
have the meanings given such terms in the Act.
2.1. "Association" means Trejo Professional Park Owners' Association, Inc., a
non-profit corporation composed of all Owners, including all present and future Owners, and their
Instrument # 313945
CC&R's - Trejo Professional Park REXBURG, MADISON, IDAHO
20U-08.10 10:39:00 No. of Pages: 21
Recorded for: FIRST AMERICA T L
MARILYN R. RASMUSSEN: Fee: 63.00
Ex-0fficio Recorder Depu
successors and assigns.
2.2. "Board of Directors" or "Board" shall be the Board of Directors of the
Trejo Professional Park Owners Association, Inc., and shall manage the project.
2.3. "Common Area" means the area set forth as "common area" in Block 1 as
designated on the plat excluding public streets. Common Areas shall be general Common Areas.
2.4. "Common Expense" means any amounts assessed against the Owners
pursuant to the Act, this Declaration, or such rules and regulations pertaining to the Project as the
Board of Directors may from time to time adopt, and pursuant to such other determinations and
agreements lawfully made and/or entered into by the Board of Directors. Common expenses shall
specifically include but not be limited to, all charges or assessments for the care, maintenance,
and/or repair of the project and for the common good and benefit of the Lot Owners. Common
expense charges to each Owner shall be based on each Owner's percentage of ownership of the
total completed building space within the project. Due to the progressive nature of completion of
the Project, this percentage will change each time a building is completed. The Board shall give
notice to each Owner of the change in percentage and the resultant modification of Common
Expenses. Each Owner is Expected to pay the modified charge upon receipt of the billing for that
amount. Exhibit "B" attached hereto and made a part hereof reflects the final percentages for
calculation of Common Expense upon completion of all buildings within the Project. The Board
shall have the authority to collect unpaid assessments. Unpaid assessments shall be a lien on the
Lot.
2.5. "Lease" means any agreement for the leasing or rental of property
2.6. "Lot" means Lots 1 through 6 of Block 1 and Lots 1 and 2 of Block 2 of
Trejo Professional Park, with the boundaries described, indicated and shown upon the recorded
subdivision plats or Records of Survey of the properties, and which is not a part of the Common
Area, No Lot shall be split, partitioned into smaller Lots without consent of all the Board of
Managers of the Project. Where the context is applicable, Lot shall include buildings or other
improvements made upon the Lot.
2.7. "Mortgage" means any mortgage, deed of trust, or any other security
instrument by which a Unit or any other part thereof is encumbered.
2.8. "Mortgagee" means any person, bank, savings and loan association,
established mortgage company, or other entity chartered under federal or state laws, or any
successor to the interest of such, named as mortgagee, trust beneficiary, or creditor under any
Mortgage, as Mortgage is defined in the immediately preceding paragraph.
2.9 "Owner" or "Lot Owner" means any person(s) or entity who holds an
Ownership interest in a Lot in the Project that is reflected in the records of the Recorder's Office
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of Madison County, Idaho."Owner" shall refer to the record owner, whether one or more persons
or entities, of fee simple title to any Lot, including contract Sellers, but excluding those having
such interest merely by security for the performance of an obligation. "Owner" does not refer to
any Mortgagee, as herein defined, unless such Mortgagee has acquired title pursuant to
foreclosure or any proceeding in lieu of foreclosure. If ownership of a Lot is held by one or more
persons or entities, the multiple Owners of that Lot shall be deemed a single Owner for purposes
of voting in meetings of the Association.
2.10. " Project" means the entirety of the property divided or to be divided into
Lots and the Common Areas.
3. TITLE OF LOTS
3.1. LEGAL DESCRIPTIONS OF LOTS. For purposes of conveying,
mortgaging, or otherwise effecting the title, any Lot may be legally described by its identifying
number as shown on the Plat. Such legal description shall be construed to describe the Lot and the
appurtenant undivided interest in the Common Areas and to incorporate all the rights and
limitations incident to the ownership of a unit in this Project. Such legal description shall be
substantially as follows:
Lot No. , Block , Trejo Professional Park, City of Rexburg,
County of Madison, State of Idaho, as per duly recorded plat thereof.
3.2. CONVEYANCES AND FORM OF HOLDING LOTS. The Lots in the
Project may be conveyed and recorded as individual properties capable of independent usage,
each having its own exit to the Common Area of the Project. Each Lot may be held in any
traditional form of holding real property interest including, but not limited to, community
property, joint tenancy, or tenancy in common. The Owners of the respective Lots shall have the
absolute right to lease the area within each Lot provided the lease is made subject to the CCR's
and to the rules and regulations made by the Board.
4. NATURE OF OWNERSHIP.
4.1. OWNERSHIP OF COMMON AREAS. Each Owner in Block 1 shall own
an undivided interest, as described in Exhibit "B", in the Common Areas as a Tenant in common
with all the other Owners of the property. Except as otherwise limited in this Declaration and/or
the rules and regulations adopted by the Board of Directors, each Owner shall have the right to use
the Common Areas for all purposes incident to the use and occupancy of his Lot and such other
incidental uses permitted by this Declaration, which right shall be appurtenant to and run with his
Lot.
CC&R's - Trejo Professional Park -3-
4.2. COVENANTS APPURTENANT TO UNITS. All rights or interest and all
obligations or restrictions of an Owner created hereunder shall be deemed appurtenant to his Lot
and shall not be separable therefrom, Any conveyance or encumbrance of a Lot shall also be
deemed a conveyance or encumbrance of those appurtenant rights or interests even though such
rights or interests are not expressly referred to in such conveyance or encumbrance.
4.3. NONSEPARABILITY OF COMMON AREA. The Common Areas shall
remain undivided and shall not be separated from the Lots to which they are appertained. No
Owner shall bring any action for partition or division of interest in the Common Areas or of Lots
from their appurtenant interest in Common Areas. Notwithstanding the foregoing, the Board of
Managers may assign specific parking areas to individual Lots.
4.4. COVENANTS TO RUN WITH THE LAND. This Declaration and all
covenants, restrictions, limitations, easements, conditions, and uses as herein provided for shall
constitute covenants to run with the land hereby submitted to the Project and shall be a burden
and/or a benefit to the Declarant, its successors and assigns; and to any person acquiring any
interest in the above described real property or Lots, and to their heirs, executors, administrators,
personal representatives, successors and assigns.
5. EASEMENTS
5.1. ENCROACHMENTS. In the event that, by reason of the construction,
reconstruction, settlement or shifting of a building, any part of a building, or any part of any
building encroaches or shall hereafter encroach upon any part of an easement, or Common Area,
if by reason of the design or construction of utility systems, any main pipes, ducts, or conduits
serving more than one Lot encroach or shalt hereafter encroach upon any part of any Lot, valid
easements for the maintenance of such encroachment and for the use of such adjoining space shall
exist for the benefit of such Lot, so long as all or any part of the building or buildings containing
such Lots shall remain standing; provided, however, that in no event shall a valid easement for
any encroachment to be created in favor of the Owner of any Lot or in favor of the Owner of the
Common Area if such encroachment occurred subsequent to the original construction by
Declarant and/or is due to willful conduct of said Owner or Owners.
5.2. EASEMENTS FOR CERTAIN UTILITIES. The board of Directors, as
hereinafter provided, may grant easement from time to time for utility purposes for the benefit of
the Project (so long as such easements does not unreasonable restrict the use and/or enjoyment of
a Lot), including the right to install, lay, maintain, repair and replace water mains and pipes, sewer
lines, gas mains, telephone wires and equipment, electrical conduits, and wires over, under, along
and on any portion of the project as necessary; and each Owner hereby grants the Hoard of
Directors an irrevocable power of attorney to execute, acknowledge, and record, for and in the
name of such Owner, such Instruments as may be necessary to effectuate the foregoing.
CC&R's - Trejo Professional Park -4-
5.3. EASEMENTS TO RUN WITH LAND. All easements and rights described
herein are appurtenant, running with the land, perpetually in full force and effect, and at all times
shall inure to the benefit of and be binding on the undersigned, its successors and assigns, and any
owner, purchaser, mortgagee, and other person having an interest in the Project or any part thereof
shall be subject thereto as though such easement and rights were recited fully and completely set
forth in their entirety. No reference to such easements and rights shall be necessary to create or
reverse such easements or rights referred to herein in any deeds of conveyance, mortgages or trust
deeds or other evidence of obligation.
6. TREJO PROFESSIONAL PARK OWNERS ASSOCIATION CREATED
Simultaneously with this Declaration, Declarant shall create and form TREJO
PROFESSIONAL PARK OWNERS' ASSOCIATION, INC., a non-profit corporation (hereinafter
"Association"). The purposes and powers of the association shall be all of the purposes and
powers as set forth in the articles of Incorporation subject to the provisions of the By -Laws of the
Corporation. All Lots and Owners shall be subject to the Articles of Incorporation and bylaws of
the Association. The Association shall perform the duties and enforce the covenants and
restrictions set forth in this Declaration.
7. RULES AND REGULATIONS.
7.1. ADMINISTRATIVE RULES AND REGULATIONS. Subject to the
approval of Terry Bagley or John Bagley (or Declarant's agent if otherwise named), until
resignation or until Declarant no longer owns any Lots in the Project, the Board of Directors of the
Association shall have the power to adopt and establish by resolution such building, management,
use, and operational rules as it may deem necessary for the maintenance, operation, management,
occupation, and control of the Project. See (Exhibit "C" Rules and Regulations) and (Exhibit "D"
Hazardous Material)
7.2. COMPLIANCE. All Owners shall comply with the provisions of this
Declaration, the Association bylaws, and the administrative rules and regulations adopted by the
Board of Directors and shall require such compliance from their clients, children, tenants, guests,
employees and any other person whom they invite upon the Project. All agreements, decisions and
determinations lawfully made by the Board shall be deemed to be binding on all Owners and shall
inure to their benefit. Each Owner, any group of Owners, or the Board shall have standing
authority unless otherwise provided, to enforce by any legal means, including suit for specific
performance, injunctive relief or damages, the provisions of the Declaration, the bylaws, and any
duly adopted decisions, resolutions, rules or regulations of the Board.
73. ARCHITECTURAL STYLE AND COMMON LANDSCAPING. To
ensure conformity within the Project, a Common Architectural Design and a Common
Landscaping Scheme is hereby declared as a part of the Project. Both the Common Architectural
CC&R's - Trejo Professional Park -5-
Design and the Common Landscaping Scheme will be administered by a committee to be known
as the Architectural Control Committee (hereinafter the "Committee"). By this Declaration, the
Declarant establishes the existence of this Committee.
7.3.1. Purpose. The purpose of the Committee shall be to implement the
design and landscaping requirements made applicable to the Project by this Declaration and other
documents applicable to the Project.
7.3.1.i. Initial Members of the Committee. The initial Members of the
Committee shall be Terry Bagley and John Bagley. Terry Bagley and John Bagley shall serve as
Members of the Committee until they resign or until all buildings within the Project are
constructed. Additional Members shall be added to the Committee upon consent of Terry Bagley
and John Bagley.
7.3.2. Common Architectural Design. All buildings within the Project
shall be of first quality construction and designed in accordance with a Common Architectural
Design (hereinafter the 'Design") as follows:
7.3.21 Roof pitch. For building up to 3000 square feet, roof pitches will
be no less that three (3) vertical inches to twelve (12) horizontal inches and not more than eight
(8) vertical inches to twelve (12) horizontal inches. For building larger than 3000 square feet, the
Architectural Committee must review and approve the roof pitch prior to construction.
7.3.2.1 Exterior finishing materials. The exterior materials for all
buildings shall be exclusively a combination of cultured rock, brick, stucco and siding. The
Architectural Committee shall have the right to approve all colors, and no construction may
proceed until the color of the exterior finishing materials is approved.
7.3.2.iii. Roofing Materials. All roofing materials must to be reviewed and
approved by the Architectural Committee prior to construction.
7.3.2.iv. Design approval. The Architectural Committee must approve all
building designs prior to construction, including original construction and any subsequent
modification of the original construction to ensure retention of the cohesiveness of the project.
7.3.2.v. Construction Company. Bagley Enterprises of Rexburg, Idaho
shall have the right of first refusal to be the contractor for the original construction of all buildings
and improvements within the Project. Should Bagley Enterprises opt not to be the contractor, it
shall have the right to approve or disapprove the contractor, including a Lot owner acting as
his/her own contractor, chosen for construction.
7.3.3. Common Landscaping Scheme. All landscaping within the Project,
including that within common areas and that within lot lines as shown on the Plat will be
completed according to a Common Landscaping Scheme (hereinafter the "Scheme"). This Scheme
CC&R's - Trejo Professional Park -6-
will be established by the Developer and will result in a pleasing and cohesive design. All
landscaping within the Lot lines and surrounding each building -,vithin the Project will be installed
upon completion of each building by the Owner of the Lot in accordance with the Scheme. After
installation, all landscaping improvements, common area and that area surrounding each building
within the lot lines of the Project, will be subject to common area maintenance and charges as
detailed in Section 2.5 hereof and will be maintained by the Board.
7.3.4. Rules and Regulations of the Committee. The Members of the
Committee shall make such rules and regulations as are necessary to administer the
implementation of the architecture and landscaping requirements referenced herein. These rules
and regulations will be available for inspection at the offices of Bagley Enterprises, 4805 S. 3300
W., Rexburg, Idaho, or at such other place as Bagley Enterprises may be subsequently located.
7.3.5. Dissolution of Architectural Control Committee. At such time as
all buildings within the Project are constructed, the Committee will be dissolved. Upon
dissolution of the Committee, any functions or decisions that had, until such dissolution, been
made by the Committee will pass to the Board of Directors of the Association.
7.4. PRIOR APPROVAL. No building, fence, wall, or other item of permanent
nature shall be constructed, erected, placed, or altered on any Lot until construction plans,
building specification, Unit plan reflecting location of the improvements (including side yards,
setbacks, topography and finish grade location), quality of workmanship, materials, and harmony
of external design and color has been approved by the Committee or the Board if the Committee
has been dissolved. Subject to said approval, all other buildings shall be constructed harmonious
in style and quality to the existing buildings on any Lot.
7.5. NUISANCE. No noxious, offensive, or annoying activity, nor immoral,
improper, Or unlawful use, shall be allowed or permitted on any Lot. Any activity or use that is or
becomes an annoyance and/or nuisance to, or interferes with, the peaceful possession and proper
use of any Lot, shall be prohibited. The terms 'offensive" and/or "improper" shall include the
open storage of junk and/or non -operating automobiles, trucks, or other vehicles, and/or other
forms of bulk storage not normally associated with the professional use of property. Storage of
such items may be permitted if confined to locations and defined areas enclosed by a building, all
as approved by the Board. No Owner shall permit any use of his Lot or Common Area that would
increase the rate or insurance upon the Project. Without limiting the generality of any of the
foregoing provisions, no external speakers, horns, whistles, bells or other sound devices used
exclusively for security purposes, shall be located, used or placed upon any Lot without approval
of the Board. The Board shall have authority to enforce this provision at the cost of the offending
Lot Owner.
7.6. CLEAN CONDITION. Each Lot and all improvements thereon shall be
kept in a clean and sanitary condition and no rubbish, refuse, or garbage shall be, allowed to
accumulate, nor any fire hazard to exist. Trash, garbage or other waste shall not be kept, except in
sanitary containers. All equipment for the storage or disposal of such materials shall be kept in a
CC&R's - T.rejo Professional Park -7-
clean and sanitary condition and not become offensive or a nuisance. The Board may place
additional restrictions on the placement of such containers. The Board shall have authority to
enforce this provision at the cost of the offending Lot Owner.
7.7.OWNER'S OBLIGATION TO MAINTAIN AND REPAIR. Each Owner,
at his expense, shall keep his Lot and any improvements in good order, condition, and repair and
in a clean and sanitary condition, and shall do all redecorating and painting which may at any time
be necessary to maintain the good appearance of his Lot. Owner shall repair all injury or damages
to the Project caused by the deliberate, negligent or careless action or inaction of such Owner, his
clients, agents, employees, guests, and/or invitees and all such repairs, redecorating and painting
shall be of quality and kind equal to the original work. The Board shall have the authority to
enforce this provision at the cost of the offending Lot Owner.
7.8. APPEARANCE. No Lot or common area or portions thereof shall be
neglected or permitted to fall into an unsightly, displeasing or unattractive state, or permitted to be
overgrown with weeds or strewn with rubbish.
7.9 BOARD ENFORCEMENT. The Board shall have the power and shall be
authorized at its discretion and at the request of any other Owners in such properties, to take any
actions it deems appropriate to remedy any violation of paragraphs 7.5, 7.6, 7.7, and 7.8 without
responsibility or liability to the complaining Owners, and at the expense of the failing or
neglecting Owners.
7.10. DECLARANT'S USE OF THE PROJECT. Until the Declarant has
completed and sold all Lots in the Project, the Owners and the Association shall not interfere with
the sale of the Lots. The Declarant may make such use of the unsold Lots and grounds as may
facilitate such completion and sale, including but not limited to, the maintenance of a sales office,
and showing of the Project, the display of signs, and access for construction.
7.11. LEASING OF LOTS. The Owners of the respective Lots shall have
absolute right to lease the spaces within the Lot. Any such lease, however, shall be for a term of
not shorter than one (1) year. Further, any such lease shall be subject to the covenants and
conditions of this Declaration and any rules and rules and regulations made by the Board. Any
breach of these covenants and conditions or of the rules and regulations shall constitute a default
under the lease.
7.12. EASEMENTS. Easements for the installation and maintenance of utilities
and drainage are reserved as shown on the recorded plat or as described herein. No building shall
be located within the said easements.
7.13. COMMON AREAS. Subject to the limitations contained in this
Declaration, the bylaws, and any rules and regulations set forth by the Board, each Owner shall
have the non-exclusive right to use and enjoy the Common Areas. The Common Areas shall be
used only for the purposes for which they are intended, i.e., the furnishing of services and
CC&Ws - Trejo Professional Park -8-
facilities for the enjoyment of the Lots. There will be no reserved parking spaces for individuals in
the Project.
7.14. SIGNS. All signs within the Project will conform to the provisions of any
applicable local ordinance and will be subject to the approval of the Committee or its delegated
agent in this regard. Individual signs for each owner/user are permitted provided the signs do not
exceed 25 square feet in size. These signs may be a monument style sign erected in front of the
building or attached to the building. Declarant may erect one or more monument style signs at
the entrance of or appropriate locations within the Project. Each sign will be erected at
Declarant's expense and may provide up to eighteen (18) equal spaces for posting each Unit's
business use. Each Owner will be responsible to pay for its individual lettering on the sign. All
individual signs and all lettering shall be according to the Common Architectural Scheme, will be
mandated and approved by the Committee.
7.15. ANIMALS. No animals, livestock, or poultry of any kind shall be raised,
bred, or kept in or on any Lot.
7.16. RECREATIONAL AND/OR OTHER VEHICLES. No recreational
vehicles nor any non -operating vehicles shall be kept within the Project.
7.17. ANTENNA/SATELLITE. Any antenna of any type greater than five (5)
feet in height must be approved by the Board. Satellite dishes shall not be allowed closer to any
street than the rear line of the building. No satellite dishes larger than twenty inches (20") in
diameter shall be allowed.
7.18. BOARD'S REVIEW. Any question or dispute as to whether the use of a
particular Lot is in compliance with these Covenants shall be submitted to the Board. The Board
shall review the matter and make a determination within thirty (30) days. The Board's
determination on any matter shall be final and binding upon all parties concerned.
7.19. BOARD'S DECISION. The Board's decision shall be final and binding
upon all Owners within the Project.
8. DESTRUCTION DAMAGE PARTITION AND TERMINATION
8.1. ABANDONMENT. The Declarant, the Board of Directors, or Owners shall
not abandon or terminate the Project without the prior written approval of any mortgagee holding
or having a mortgage on a Lot within the Project.
8.2. DAMAGE OR DESTRUCTION. In the event the Common Areas of the
Project are destroyed or damaged to the extent of seventy-five percent (75%) or less than the value
thereof, the Owners shall be responsible for the repairing, rebuilding, and/or restoring the same to
the condition it was in immediately prior to such destruction or damage, and may be entitled to
use for such purposes the proceeds of any and all insurance policies which the Association may
have had hi force on said premises as of the date of such destruction or damage. In the event the
CC&R's - Trejo Professional Park -9-
Common Areas of the Project are destroyed or damaged to the extent of more than seventy-five
percent (751/6) of the value thereof, the Association shall, at a meeting duly called that purpose,
determine whether or not the Project should be rebuilt, repaired or disposed of Unless Owners
entitled to not less than two-thirds (2/3rds) of the voting power of the Association agree to the
withdrawal of the Project from the Provisions of the Act and to its subsequent disposal, the
Project shall be repaired, rebuilt or restored to the same condition it was in immediately prior to
the destruction or damage. In the event the cost of such repairing, rebuilding, or restoring shall
exceed the amount realized from the proceeds of the Association's insurance policies as herein
provided, the Owners shall contribute to such cost in relation to their percentage of ownership in
those parts of the Project to be repaired or rebuilt. Any institutional holder of a first mortgage on
any Unit so affected shall be notified by written notice by the Board.
8.3. CONDEMNATION. In the event of taking of a Lot or any portion thereof by
Condemnation or by eminent domain, or is otherwise sought to be acquired by an authority, then
the mortgage holder of any mortgage shall be given written notice and nothing herein shall entitle
an Owner of a Lot or any other party to priority over such mortgage holder with respect to the
distribution to such Unit of the proceeds of any such award or settlement.
8.4. NO PARTITION. A Lot shall not be partitioned as between persons having
an interest therein, but if grounds for such partition exist at law or in equity, the Lot shall be sold
as a Lot and the proceeds divided in accordance with law.
8.5. BOARD OF DIRECTORS, ATTORNEY IN FACT. All of the Owners
irrevocably constitute and appoint the Board as their attorney in fact for the purpose of dealing
with the Project if it is damaged or destroyed. Acceptance by any grantee of a deed from the
Declarant or from any Owner shall constitute such appointment; however, the Board shall not
exercise this power of attorney until two-thirds (2/3rds) or more of the voting power of the
Association votes in favor of having it do so and further until Owners representing two-thirds
(2/3rds) or more of the voting power of the Association have executed a certificate certifying that
use of such power of attorney has been authorized and is properly exercisable under this
Declaration and such certificate has been placed of record.
9. INSURANCE
9.1. COVERAGE. The Board may secure and maintain the following insurance
coverage:
9.1.1. A multi -peril type policy providing coverage for fire insurance with
extended coverage endorsements for the fall insurable replacement cost of the Common Areas and
any and all interests appurtenant or associated therewith.
9.1.2. A policy or policies insuring the Board and the Owners against any liability
arising from the ownership, use or maintenance of any portion of the Project, including use of
Lots or Common Areas by anyone. Limits of liability under such insurance shall in no event be
CC&R's - Trejo Professional Park -10-
less than for bodily injury; and shall not be less than $
for property damage for each occurrence. Such limits and coverage shall be reviewed at least
annually by the Board and amended if inadequate. Said policy or policies shall deny subrogation
rights against Owners.
9.1.3. Compensation to the extent necessary to comply with any applicable laws.
9.1.4. Insurance for such other risks as are or hereafter may customarily be covered
with respect to other Projects similar in construction, design, and use.
9.2. INSURED. The name of the insured under each such policy shall be stated in
the name of the `Trejo Professional Park Owners' Association, Inc." for the use and benefit of
the individual Owners.
9.3. MORTGAGEE CLAUSE. Each such policy or policies shall provide for a
standard mortgagee clause in favor of any mortgagee of each Lot. Any proceeds payable
thereunder shall be payable to the Owners 'Association for the use and benefit of the mortgagee,
as their interests may appear. The Mortgagee Clause shall provide for notice to said Mortgagee ten
(10) days in advance of the effective date of any reduction in or cancellation of the policy.
9.4. INSURANCE UNDERWRITING. Each hazard policy must be written by
an insurance carrier which has a financial rating in Beses Insurance Reports of BBB+ or better.
9.5. COMMON EXPENSE. The cost of any Insurance policy(s) described
herein shall be a common expense. Each Owner shall, in addition to and without prejudice, insure
his own Lot and any improvements for his own benefit in any amount satisfactory thereto, but not
less than $ . for bodily injury. However, no such policy shall decrease in
any way the amount which the Association on behalf of the Owners shall realize under the
policies so authorized.
9.6. AUTHORITY TO ADJUST. The Board shall have exclusive authority to
resolve claims under insurance policies it may deem necessary to have. However, any claims as
to any personal liability of any Owner arising out of the ownership, use, operation, or management
of the common areas may be compromised or settled as to his portion of any such claim by any
Owner without prejudice to the remaining balance thereof and without the same constituting
evidence for or against any such claimant.
10. AMENDMENT
This Declaration and the covenants, restrictions, and provisions may be altered, amended or added
to at any duly called Owners' Association meeting; provided:
A) that the notice of the meeting shall contain a full statement of the proposed
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amendment;
B) that the amendment shall be approved by two-thirds (2/3rds) of the Owners in
number and common interest; with Declarant having the same number of votes as it has ownership
of Lots, and
C) said amendment shall be set forth in a duly recorded amendment hereto.
However, no amendment will affect or impair the validity or priority of the Owners' interests and
the interests of holders of a mortgage encumbering a Lot or Lots.
11. BINDING EFFECT
The provisions of this Declaration, the Association's Articles of Incorporation and
bylaws, and rules and regulations of the Board, shall be and are hereby made a part hereof and are
binding upon any and all persons acquiring any interest in the above described real property and to
their heirs, executors, administrators, personal representatives, successors and assigns.
12. CONSTRUCTION
12.1. SEVERABILITY. In the event that a phrase, sentence, clause, or paragraph
contained herein should be invalid or should operate to render this agreement invalid, this
Declaration shall be construed as if such invalid phrase, sentence, clause, or paragraph were written
in such a way as to make it valid to the extent allowed by law.
12.2. GENDER AND NUMBER. The singular, wherever used herein, shall be
construed to mean the plural when applicable, and the necessary grammatical changes required to
make the provisions hereof apply either to corporations or individuals, men or women, shall in all
cases be assumed as though in each case fully expressed.
12.3. WAIVERS. No provisions contained herein shall be deemed to have been
waived by reason of any failure to enforce it, irrespective of the number of violations which may
occur.
12.4. TOPICAL READINGS. The topical headings of the paragraphs contained
herein are for convenience only and do not define, limit or construe the contents of the paragraphs
herein.
12.5. EFFECTIVE DATE. This Declaration shall take effect upon recording
hereof.
12.6. STATUS OF TITLE; PROPERTY TAXES. This Declaration is granted
subject to all prior easements and encumbrances of record. Each Owner warrants that it will
CC&R's - Trejo Professional Park -12-
defend the title and other Owner's interests under this Declaration against any mortgage, tax lien or
construction of other lien claim: (i) which affects the Project or Lot, (ii) which asserts priority over
the interest of the other Owner(s) in enforcing this Declaration or which affects any other Owner(s)
rights under this Declaration, and (iii) which is attributable to the party itself or its tenants, agents,
contractors or subcontractors. This Declaration will not be subordinated or rendered inferior to any
future financing by any Owner. Each Owner shall pay before delinquent all property taxes and
assessments assessed on such Owner's Lot and the improvements constructed thereon. Should any
Owner fail to pay any assessment, the Association may pay it on behalf of said Owner. Said
Owner shall reimburse to Association all amount paid on Owner's behalf, with interest to accrue at
the rate of 18% per annum.
12.7. ATTORNEY'S FEES. In the event suit or action is instituted to interpret or
enforce any of the terms of this Declaration, the prevailing party shall be entitled to recover from
the other party such sum as the court may adjudge reasonable as costs of litigation (including
discovery costs), and as attorneys' fees in preparation for and at trial, on appeal of such or action
and on any petition for review, in additional to all other sums provided by law.
12.8. INDEMNITY. Each Owner shall defend, indemnify and hold the other
Owners harmless from any claim, loss, liability or expense (including discovery costs and other
litigation costs, and reasonable attorney's fees) that: (i) arises out of or in connection with the
failure to perform or comply with the terms, restrictions and provisions of this Declaration by the
Owner; or (ii) arises out or of in connection with the intentional acts or gross negligence of the
Owner or the employees, representatives, agents and independent contractors of the Owner; or (iii)
arises or results from the performance of any construction activities performed or authorized by
such indemnifying Owner; provided the obligation to defend, indemnify and hold harmless for
matters described in clauses (h) and (iii) shall in the event of concurrent negligence or misconduct
exclude claims to the extent that they are caused by the negligence or intentional misconduct of the
indemnified person, or its agents, contractors or employees (while acting in such capacity).
12.9. ENTIRE AGREEMENT. This Declaration supersedes and replaces all
written and oral agreements previously made or existing with respect to the matters set forth above.
12.10. NOTICES. Notices given under this Declaration shall be in writing and
delivered by certified or registered U. S. Mail, postage prepaid with return receipt requested; by
United States express mail or other established express delivery service (such as Federal Express),
postage or delivery charge prepaid; by facsimile or other telecommunications device capable of
transmitting or creating a written record; or personally. Each Owner shall give notice to each other
Owner of its address for notice by written notice to the other Owners. Unless Declarant designates
another address for notice pursuant to this Section, notices to Declarant should be delivered to PO
Box 122, Rexburg, ID 83440. In the absence of such notice of an Owner's address for notice,
purposes, any notice under this Declaration may be given to the address to which property tax
statements are delivered by the taxing authority, For the purposes of this Declaration, the term
"receipt" shall mean the earlier of any of the following; (i) the date of delivery of the notice or
CC&R's - Trejo Professional Park -13-
other document to the address specified pursuant to this Section as shown on the return receipt of
by the records of the courier, (ii) the date of actual receipt of the notice of other document by the
office of the person or entity specified pursuant to this Section, or (iii) in the case of refusal to
accept delivery or inability to deliver the notice or other document, the earlier of (A) the date of the
attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return receipt,
or (C) the date of receipt of notice of refusal or notice of non -delivery by the sending party.
12.11. EFFECT OF DECLARATION. Nothing in this Declaration, express or
implied, shall confer upon any person, other than the Owners or their successors or assigns, any
right or remedies under or by reason of this Declaration. The rights and remedies of tenants and
other persons are limited to those contained in the lease agreements or other agreements the
Owners or their successors or assigns may have with such tenants or other persons and to those
rights and remedies otherwise explicitly conferred by such Owners and their successors or assigns
on such persons. Nothing in this Declaration shall prevent any Owner or its successor or assign
from imposing on such Owner's or successor's or assign's own tenants or other persons being
granted rights of use, either expressly or by implication, by the Owner or its successors or assigns,
such rules, regulations and restrictions as the Owner or its successors or assigns may determine to
be necessary or appropriate. Each right granted pursuant to this Declaration is expressly for the
benefit of the property described in Exhibit "A" hereto.
12.12. NO PARTNERSHIP; DISCLAIMER. No provision of this Declaration or
previous (or subsequent) conduct or activities of the parties and/or present or subsequent Owner(s)
will be construed as making the parties and/or present or subsequent Owners a partner, joint
venturer, agent or principal of or with each other.
12.13. GOVERNING LAW. This Declaration will be governed and construed in
accordance with the laws of the State of Idaho.
12.14. NOT A PUBLIC DEDICATION. Except for the streets set forth in
Instrument No. 311790 , nothing contained in this Agreement shall be deemed to be a
gift or dedication of any portion of the Development to the general public or for the general public
or for any public purpose whatsoever, it being the intention of the parties that this Declaration shall
be strictly limited to and for the purposes herein expressed.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on thi
2004 say of
�
CC&R's - Trejo Professional Paris -14-
DECLARANT:
BAGLEY ENTERPRISES, an Idaho partnership
By:
Terry Bagl y - Partner
By: �/A
ohn Bagley - tner
STATE OF IDAHO )
)ss
COUNTY OF MADISON )
On this _Aday of , 2004, before me, the undersigned, personally appeared Terry
Bagley and John Bagley, identified to me to be the partners of Bagley Enterprises, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and
year in this certificate written.
P T
OTARY �m J �� G� ,
-
Notary Public
Residing at: i
My Commission Expires: %
CC&R's - Trejo Professional Paris -15-
Beginning at a point that is S 0'16'16" E 659.48 feet and S 89'48'10" W
181.89 feet from the east quarter comer of Section 25, Township 6 North,
Range 39 East of the Boise Meridian, Madison County, Idaho; point of
beginning also being on a curve with a radius of 25.00 Feet and a chord that
bears S 73'15'32" W 30.48 feet; thence to the right along said curve 32.77
feet through a central angle of 75'06'27" to a point of a reverse curve with a
radius of 23 feet and chord that bears N 79'41'32" W 44.85 feet thence to the
left along said curve 45.11 feet through a central angle of 21'00'36"; thence S
89'48'10" W 72.28 feet to a point of a curve with a radius of 567.42 feet and a
chord that bears S 77'04'19" W 250.09 feet; thence to the left along said
curve 252.16 feet through a central angle of 25'27'42" to a point of a reverse
curve with a radius of 766.44 feet and a chord that bears S 70' 14'00" W
157.36 feet; thence along said curve 157.64 feet through a central angle of
11'47'05"; thence N 00'15'55" W 108.32 feet along the east lot line of lot 1,
block 3 of the Westates subdivision division no. 1; thence along the north lot
line of said lot 1, block 3 S 89'48'10"W 190.43 feet; thence N 00'16'05" W
477.21 feet; thence N 89'32'54" E 374.23 feet; thence S 00'16'05" E 312.85
feet; thence N 89'32'54" E 268.55 feet to the west line of parcel instrument
no. 269976; thence along said west line S 00' 16' 16" E 167.22 feet; thence N
89'48'10" E 85.61 feet to the point of beginning, containing 5.54 acres.
Also known as Trejo Professional Park Division No. 1 Recorded on May 3"
2004 Instrument No. 311790
Common areas of Block One
% of
Sq. ft. of
Lot
Common
Common
Total
Lot
Block
Sq. Ft.
Area
Area
Sq. Ft.
1
1
9940
23.25
14076
24007
2
"
10371
24.26
14678
25049
3
It
5743
13.44
8132
13875
4
5569
13.03
7884
13453
5
"
5563
13.02
7877
13440
6
5557
13.00
7865
13422
EXHIBIT "C"
Rules and Regulations
Owner/Tenant agrees as follows:
1. All loading and unloading of goods shall be done only at such times, in the
areas and through entrances designated for such purposes by Teton
Professional Park Owners' Association, Inc.
2, The delivery or shipping of merchandise, supplies and fixtures to and from the
Premises shall be subject to such rules and regulations as in the judgment of
Association are necessary for the proper operation of the Premises or
Buildings.
3. No person shall use any utility area, truck facility or other area reserved for
use in connection with the conduct of business except for the specific purpose
for which permission to use such area is given.
4. The Common Areas shall remain undivided and shall not be separated from
the lots to which they are appertained. No Owner/Tenant shall bring any
action for partition or division of interest in the Common Areas or of Lots
from their appurtenant interest in Common Areas. Notwithstanding the
foregoing, the Board of Managers may assign specific parking areas to
individual lots. The Owner/Tenant shall pay a fine of Thirty Dollars ($30.00)
for each parking violation of its employees, agents, or licenses to the
Association.
5. No person without the express consent of the Association shall:
a. Vend, peddle or solicit orders for sale or distribution of any merchandise,
device, service, periodical, book, pamphlet or other matter whatsoever;
b. Exhibit any sign, placard, banner, notice or other written material;
c. Distribute any circular, booklet, handbill, placard or other material;
d. Solicit membership in any organization, group or association or
contribution for any purpose;
e. Parade, patrol, picket, demonstrate or engage in any conduct that might
tend to interfere with or impede the use of the community areas by Lessor
or any occupant or any employee or invitee of any occupant, create a
disturbance, attract attention or harass, annoy, disparage, or be detrimental
to the interest of any business establishments within the Park;
f. Throw, discard, or deposit any paper, glass or extraneous matter of any
kind, except in designated receptacles or create litter
or hazards of any kind;
f. Deface, damage or demolish any sign, light standard or fixture,
landscaping material or other improvements within, or property situated
with the Office Building.
6. The outside area immediately adjoining the premises shall be kept clean and
free from dirt and rubbish by Owner/Tenants to the satisfaction of
Association, and Owner/ Tenant shall not place or permit any obstructions or
merchandise in such areas.
7. The plumbing facilities shall not be used for any purpose other than that for
which they are constructed, and no foreign substance of any kind shall be
thrown therein, and the expense of any breakage, stoppage or damage
resulting from a violation of this provision shall be home by Owner/Tenant
who shall, or whose employees, agents or invitees shall have caused it.
8. All floor area, including vestibules, entrances and returns, door fixtures,
windows and plate glass shall be maintained in a safe, neat and clean
condition.
9. No portion of the buildings shall be used for lodging purposes.
Executed this —q-0 day of , 200 L
i �.
By:
By:
EXHIBIT "D"
HAZARDOUS MATERIAL
1. Owner/Tenant shall not cause or permit any Hazardous Material to be brought upon, kept
or used in or about the Premises by Owner/Tenant, its agents, employees, contractors or
invitees, except for such Hazardous Material as is necessary or useful to Owner/Tenant's
business.
2. Any Hazardous Material permitted on the Premises as provided in Section 1 above, and
all containers therefore, shall be used, kept, stored and disposed of in a manner that
complies with all federal, state and local laws or regulations applicable to any such
Hazardous Material.
3. Owner/Tenant shall not discharge, leak or emit, or permit to be discharged, leaked or
emitted, any material into the atmosphere, ground, sewer system or any body of water, if
such material (as reasonably determined by the Landlord, or any governmental authority)
does or may, pollute or contaminate the same, or may adversely affect (a) the health,
welfare or safety of persons, whether located on the Premises or elsewhere, or (b) the
condition, use or enjoyment of the Building or any other real or personal property.
4. At the commencement of each Calendar Year, Owner/Tenant shall disclose to the Teton
Professional Park Owners' Association the names and approximate amounts of all
Hazardous Material which Owner/Tenant intends to store, use or dispose of on the
Premises in the coming Lease Year. In addition, at the commencement of each Calendar
Year, beginning with the second Calendar Year, Owner/Tenant shall disclose to
Association the names and amounts of all Hazardous Materials which were actually used,
stored or disposed of on the Premises if such materials were not previously identified to
Association at the commencement of the previous Calendar Year.
As used herein, the term" Hazardous Material" means (a) any "hazardous waste" as
defined by the Resource Conservation and Recovery Act of 1976, as amended from time
to time, and regulations promulgated thereunder; (b) any "hazardous substance" as
defined by the Comprehensive Environmental Response, Compensations and Liability
Act of 1980, as amended from time to time, and regulations promulgated thereunder; (c)
any "oil, petroleum products, and their by-products; and (d) any substance which is or
has become regulated by any federal, slate or local governmental authority.
Owner/Tenant hereby agrees that it shall be fully liable for all costs and expenses related
to the use, storage and disposal of Hazardous Material kept on the Premises by the
Owner/Tenant, and shall give immediate notice to the Association of any violation or
potential violation of the provisions of this Exhibit as stated in Section 2. Owner/Tenant
shall defend, indemnify and hold harmless Teton Professional Park Owners'
Association, Inc., Bagley Enterprises and its Agents, from and against any claims,
demands, penalties, fines, liabilities, settlements, damages, costs, or expenses (including,
but without limitation to, attorney fees, consultant fees, court costs and litigation
expenses) of whatever kind or nature, known or unknown, contingent or otherwise,
arising out of or in any way related to (a) the presence, disposal, release, or threatened
release of any such Hazardous Material which is on, from, or affecting the soil, water,
vegetation, buildings, personal property, persons, animals, or otherwise; (b) any personal
injury (including wrongful death) or property damage (real or personal) arising out of or
related to such Hazardous Material; (c) any lawsuit brought or threatened, settlement
reached, or government order relating to such Hazardous Material; and/or (d) any
violation of any law applicable thereto. The provisions of this Section 6 shall be in
addition to any other obligations and liabilities Owner/Tenant may have to Teton
Professional Park Owners' Association, Inc., and Bagley Enterprises at law or equity and:
shall survive the transactions contemplated herein and shall survive the termination of
any Lease or sale of any lot.
Executed this day - 20 6-) q
By:
By:
TREJO PROFESSIONAL PARK DIVISION
Schiess & Associates
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Parcel [-lumber
Property Year j
Legal Description
•
TREJO PROFESSIONAL PARK DIV I
RPRTREJ0020020
20241
LOT 2 BLK 2
PropertyAddress
412 GRAND LOOP
REXBURG ID 63440
OvintHContact Name Type
Relationship Ownor% HOE
MailingAddress
DJW PROPERTIES LLC ON 14 ER
BUSINESS 100.00%
C/O SEARLE HART
PO BOX "is
REXBURIGID 83440
A sxao lated Parrork
None
Parcel lixemptkarl:None
Tax Certification District Roll Type Units Amount Instrument Eff Date Action
SOLID WASTE 995 FIR 5 Z 70.00 437!05 01,1281.1021 Ownership
314249 01701!1752 No Action
3111780 Oli01/IT52 No Action
Tax Code A m 001-000
Parcel Status Active
Property Type Real Property Sub Type
Land Group
TREJC PROFS SS ICNAL PARK
T,w,ns It i p Range Section
00.1 N 33E 25
Location Code
Parcel Type
Zoning
Building P4"m its Reappraisal year 2022
Note InsiptrAian Date 0&, �1102,2)2
Appra ker Initials KL F
C& No NC: No
Source Target Comments
2021
CHARACTERISTIC ROLLSF ACRES VALUATION SUMMARY URBAN RENEWAL
SCC Tyke Suffix Description Assessed Occupancy :Status Quantity Assessed Value 1 ExemptionAm. nt I t—NetT bi V.1 !x4L01Lv,_ue Net TaxableBase Net TaxableIncr
Ib
2t LAND PRIMARY NO E :00 "-.I
42. COMM I PRIMARY NO E ,23,1n 1 5 $ 533,1 !0
TOTALS, 03,1 so
ROLLST-CUS: I Equ4imlifFinal)
PROFUSTR Pran ted08iO3i2024 12:12 FM f Page I
0 MADISON COUNTY TREASURER
ANOIE MOFFAT
124 E 10A.IN ST
FO BOX G-E
REXBURG ID 33440
TELEPHONE: {208} 359-C28,;
CJ'W PROFER.TIES LLC
. 13 SEARLE. HART
PIC BOX 519
REXBURG ID 83440
Tax Year Assessment Roll
�� r,r►:� ICI r:�--� � �i:a � ► �� ��� � �a'�
PARCEL NUMBER
RPRTREJ0020020
TAXCODEAREA
LEGA L DE SC RI PT IO N
TREJi PROFESSIONAL PARKC1 i
_OT 2 2LK 2
PRIMARY PROPERTY ADDRESS
41,2 GRAND LOOT
RcX5URG IC 33440
BALAN C E D U E NTEREST DATE
05MIM24
Paid in Full 5AZA.NCEASO=
TOTAL 05103�2024 12:13 pm
TAXABLEVALUE:
Bin Nunber:2c32tt
633.150
TaxCodeAoea.: Levy:
Tax Charge:
Certifications:
TOTALCHARGES: S 6,849.56
0 Madison County Parcel Report
Parcel Number:
RPRTRE30020020
Primary Owner:
D]W PROPERTIES LLC
Secondary Owner:
Site Address:
412 Grand Loop
Rexburg 83440
Mailing Address:
PO BOX 519
REXBURG ID 83440
Acreage:
0.715
GIS Square Feet:
30,659
GIS Acres:
0.704
Total Value:
$633,150
Year Inspected:
2021
Last Year's Taxes: $6,849.56
Current Year's Taxes:
.1'
Report generated:
9/3/2024 11:53:56 AM
r
i
i
+♦ UT L R `r?
Category TCA Description Acreage Value
Legal Description: 42 1000 Improvements on Land 0.000 $533,150
TREJO PROFESSIONAL PARK DIV 1 Category 21
LOT 2 BILK 2 21 1000 Commercial Lot or Acreage 0.715 $100,000
Deed Number:
437505
314249
311790
Assessment values are approximate, to get accurate values contact the
Madison County Assessor's Office (208) 359-6243.
Tax amounts are approximate values, to get accurate values contact
Madison County Treasurer's Office (208) 359-6264.
Total Value: $633,150
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on
this map may or may not be accurate, current, or otherwise reliable.
Madison Parcel Map
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Legend
Street Label
Streets
U.S. Highway
Slate Highway
Road
City -County Boundary
Rexburg
Sugar Cily
QMadison Cnly
Parcels
1: 2,257 "
)'a Notes
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate,
current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION