DECLARATIONS OF COVENANTS, CONDITIONS AND RISTRICTIONS FORWATER FRONT ESTATES

This Declaration of Covenants, Conditions and Reslrictionsaraiion") is made to be eff€f,,ti.'te he J q -�day of

,2008, by Jerry Parkcr, Kris Parker, Cyndee Parker andKrlstt PiA;trD ""1*""1 )

WHEREAS, Declarants are the owners ofceiain real properly in JeffersonCounty, Idaio knoi'n as Water Frcnt Estates Subdivisio!, morc particularly descnbed asall that real propcrty shown and described as Exhibit A attached hereto and made a panhereof as tlought set forth in full herein (hereinafter referred to as the "Subject Property";

WHEREAS, Declarants desire to provide for tho preservation ofthe desimbilityand atuactivcness ofthe Subject Property and any reai property whjch may be annexedtherclo pu$uanl to this Declaration, through the covenants, condifons, restriclions andprovisions as hsreinafler set forth;

WHERBAS, Declarants desire to subject the Subject Property to presewe scelricand recrealionsl values on Subject Proprrty;

NoW, THEREFORE, the Declarants hereby d€clare thai the Subject Propeny andnay real properry which may be affrexed thereto pmuant to the provisions oftheDcclaration, shallbe held, conveyed, dividcd, €ncumb€red, hypothecated, bonded, renled,used, occupied and imprcved ir accordance wilh the subject to the following provisions,covenants, conditions and reshiclions (hcleinafler sometimcs collectively referred to as"Covenants"), all ofwhich are for fre purpose ofenhancing and prctecting the charactcr,values, desirability and athacljveness ofsaid leal properly. The Covenanls shall run wlthsaid real propetty and shall be binding on all parties having oi acquiring any ighl, title orinterest in said real property, or a.'ry part thereof, theit hei{s, personal reprcsmtatives,successors and asstgns and shall iDure lo the benefit ofthe Declarants and each Olwet (ashereiMfter defined) or person or entily deriving riShts lrom Bn Owner. Any convcyance,lransfer, salc assigtunenl, lease or sublease ofsaid real property will be and hereby isdeerned to incorporate by reference the provisions ofthis Declaration and ihe Cov€nantshcrein conlain€d.

ARTICLE I

Derinitions

As uscd hcrein, the following terms shall be defined as in this Articlc provided:

Sec(ion t. Araicles. The term "Adicles" shall mean Aiicles of Incor?omtion of theAssociation, as the sarne may from time to time be amended.

Section 2. Asseganrelt. The term "Assessment" shall m€an and rcfer to any Assessmcntduly made and levied pusuant lo Article VIII hereof.

Section 3, Asgocirtion. The lelm "Association" shall mean and refer to the Water FrontEstates Homeowners Associatioo fotmed and incorporated to be and const;tute lheAssociation to which referencc is made in this D€claralion and its succ€ssors and assigns,whe[]er by way ofmerger, consolidation, transfer or olherwise. The Association shallinclude, when lbe context requires, its Board ofDirectors, Officers and duly authoizcdrepresentatives and agents as the same, or any ofthem, may from time to tilne beconslituted.

Section 4. Board. The tenn "Boa!d" shall mean and refer to the Board ofDirectorsoftle Association, as the same may ftom time to time be amended.

Section 5. Bylaws. The term 'tsylaws" shall mean and rcfer to lhe duly adopted laws ofthe Association, as ihe same may from time to time be amcnded.

Sectlon 6. Common Area. The tern "Common Area" shall mean and refer to all realproperty, if any, which has been or is hereailer conveyed in fee to the Associaiiontogetler with a1l improvemenls exisling or ftom time to time conshucted th€reon-

Section 7. Covenapts. The tslrn "Covenanis" shall rcfcr to this Declaration ofCoveoants, Conditions and Reslrictions or the Supplemenlal Declamtions.

sectiop 8. Declarants. The term "Dcclarants" shall mean andreferto Jeny Parker, KrisParker, Cyndee Parker, and Kristi Parker, thei! successo$ and assigns, under aninstrument specifically designating such successor or assign as a successor or assiSnunder this Declaration.

Sectiop 9. Design Committee. The term "Design Committ€€" shall mear and refcr tothe colnmitiee created pu$uant to Article lll hereof.

Section 10. Desiqn Committee Critcris. The ierm "Design Commiitee Crileria" shallmean and refer to the oiteria adopi€d by $e Design Corrlmittee pursuant io Afiicle IV,Scction 4, hereol

Section I l. Ercavetion. The term "Excavation" shall mean and refer to any disturbanceofthe land (excc?t ro the extent ressonable necessary for planling) \r,hich results in theremoval of €arth, rock, trees or other subslances from a depth ofmore than twelve (12)inches below the natural surface of such land.

Section 12. Fill. The ter.n "Fill" shall mean and refer to any addition ofrock or earthmaterials to the surface ofthe land which increases the natural elevation of such surt'aceby more than twelve (12) inches.

Section 13. Improvenrents. The lerm "lmprovements" shall include but not bc limiledto ary buildings, roads, driveways, parkjng areas, fences, bridBes, rctaining walls, slairs,decks, hedges, windbreaks, patios, poles, signs and any other structures oftype or kind

Sgl$an !4.!!!. The tenn "Lot" shall mean and refer to any parcel ofreai piopertycomprising a part of the Subject Ptoject shown on a recordcd plat or map, or otherwisedescribed in a recorded instrument, which is clearly identified as an individual lot to bensed as a building site.

section 15. Member. The term "Mernber" shall mean and refer to every person orentity who holds membership in the Association.

Sectiou 16. Mortssge. The tenn "Mortgage" shall mcan and refer to any securitydevice encumberin8 all or any pottion o{lhe Subject Property and as used herei! thc icrm"Mortgage" shall include a Deed ofTrust.

Section 17. Moraqaee€. The ierm "Mortgagee" shall mean and refer to the recordowner ofa benelicial interesl under a Mo(gage.

Section 18. Owner- Th€ term "Owner" shall mean and refer to the remrd owner,whether one o! more peNons or enlities, of a fee sirnple title io a Lot, including contractsellers, but excluding those havinS all interest in the Subjcct Properly mer€ly as seourityIor thc p€rformance oian obliSation.

S€ction 19. Perimeter !'ences. The telm "l'€rimeter Fences" shall mean and refer 10 thefences and oller forms ofdividers constructed by Declarants along any or all oftheborders oftle Subject Property or Common Area in accordance with a fencing planapproved by the DesiSn Comrnlllee.

Section 20. Pond Eas€ment Arer. The term "Pond Easemeflt Arca" shall mean andrefsr to that area dcsignated on thc Waler F.ont Estates Subdivision plat map, and shallbe for the use and enjolanent ofthe Members oflbe Association and the Declarants-Such area may be used for fishing, non-inolorized boating, wading swimming andsimilar activities. Hunting, camping and fircs are prohibiled. 'Ihe Board will control theuse ofthe Pond easement area and shall have the right to promulgate new regulalions andmodify existing regulstiotls. 'l}re Board shall have tie riSht to discontinue use of sucharea from time to time. The use ofthe Pond easement area shall be regulated by theBoard in a marmer that protects tle privacy, p€ace and quiet olthe surrounding LotOwners, bul that allows reasonablc use ofthe pond for the recreations and enjoyment ofcvery Monber. Lot owners and thcir guests do not have access to lhe pond for any otherpuDose without v,/ritten consent ofthe owner oflhe lot on which the pond exists. Anyowners purchasing a lot acknowledge that lhey ar€ thercby releasing Declarants fiom anyand all tiability for any mishap which might occur in relation to the pond and the use ofthe waterlherein. The lot owners, by purchasing a lot, herby acknowledge lhat thcy aresolely r€sponsjble lbr the safety oftheir guests and family, property and anirrals jn

relation 10 tbe pond. Lot owncrs acknowledge thal there ate inlerenl dangers relatirrg lo

ponds- Ffihcr, the lol owners are accepting any and all liability occasioned by any guesroflheirs and indemniry the Declarants thcr€ fiom. Declamnts <io specificalty ieserve therielrt to allow addiiionally fire fighting use oflhe pond for areas other than thissubdivision.

S€ction 21. Beea{V!r!9!qg!. The term',Reco)d" or,.Recorded', shall mean, withresp€ct to any docunent, that said documents shall have heen recorded in the Office ofthe County Clerk ofTcton County, State ofldaho.

Sectiop 22. Residence. The telm.,Residence" shall mean a residence structure, buldoes not include such otler improvelnents and slrucl\rres as may be customarily incidcnttherelo, on a Lot-

Seclion 23. Roid. The term ',Road" shall mean and refe, to any graded and improvedvehicular way now or hereafter located or conslructed witlin or upon a portion oi theSubject Property or the Common Area and designated as a private roaalway on anyrccordcd plat or map, or described in a recorded instrument, arrd shall in"lud" rou,lr,drives, Ianes, courts, circles and places, alJ ofwhich shall be dedicated to the Assoc;auonfor repair and maintenan ce .esponsibi liry.

Seelfsd4.lFuagc. The tenn "Slructure" shall mean and refer to anythingconstructed or erccted on rcal property, the use ofwhich requires location on tie grounrtor attachment to something having location on tle grounrl.

ARTICI,E II

Provisions Applicabl€ to psrticular Land Classifications

Section l. Lot Rcstrictions. Each lot shall be used exclusively for dwelLnq Dumoscsand such purposed as are cusromaril) inc;denl rherero, including rhe le".,ng_,h'"r"itFurtiemore, unless otherwise specifi ed on a reconled plat or m-ap, or in a iupplemenlalDeclaratlon covering the )ol, tbe fbllowing shall app]y to each lot:

(a) Improv€meDt. Not more tiar! one resrdencc shall b€ constructcd on anv lot.A detached guest house, garage facjlities anil a.ssociated or-rtbuildincs. nor roexc€ed a total ofthrce (3) structures. may be permirted ifofsrmilar-designcharacter to the Residcnc€, with exception to set backs.

O) Construction. Unless otherwise expressly approved in wrjting by the DesignCornmittee, no used Structure or Improvemenr constmctetl or eiected uoonother Real property shall be moved fiom arother location ro any Lol. a;d aIconstruction on any Lot shall be first approved by rhe Design Commrttee, wnnnew materials and shall be proseculed diligently and continuouslv 1iom thccornmcD(crncnr (hcreofunri l cornpletron All siding anrl roofing ntaterialsshall be eafih tones. Roofing shall be ofnon-glare materials. No ealvanizedproducts may be use<1. At least fifleen percent (15%) oflhe extcri;r shallbc

(c)

(e)

(d)

rock aJchitectural siding, Hardi-Boald or Brick. Stucco or imitatjon rock isallowed. Wood siding will complimeDt the residential design. Al1 structureswithin Water Froot Estates Subdidsion shall be in harmony with each other.

Delached Structures. Not Structure o! above-ground improvements shall bcpermitted on any Lot which are delached or scparaled from the principalResidence unless located within the building envelop€ and unless designatedas a single visual el€ment, connecled or rclated visually ovcr 6,000 with theprincipal residencc approved by Design Commitle€, lencing or otier or otherarchitectulal features.

Parking, No residerce shall be conskucted on a lot unless provision is madeon lhat lot for not less than thee enclosed galage stalls and two guest parkingspaces and conslrucled and located in such a manncr as shall be approved bythe Design Committee.

Minimum Floor Ares. Thc Residence shall have a min;mum living floorarea ofsixteen hundred (1,600) square feet, exclusive ofgarages. porchcs,patios and accessory structures.

Height Limits. No Residence and no otler stnrcturc or above-groundimprovenent on a Lot shall exceed a height of forty (40) fcet, measurement tobc in the manner prcvided for in the mles fiom lime to time adopled by theDesign Committee or the Associalion. Building heiShts shall not violateJefferson County. Idaho heighl l tmjtal ions.

Buildi g Envelopes. Building envelopes for each Lot are designaled on amap held and maintained by the Design Comrnitlee. No structure may beconslructed or placed outside ofthe specificd building envclope. Buildingcnvelopes shallmeet J€flcrson County, Idabo setback requirements.

cradiDg rnd LeDdscaping. No on-site excavation or fi1] shdll be alloweduntil approved in writing by the Design Comrrittee. All landscaping shall becompleted as quickly as possible and within l2 motlhs oflhe completion ofeach structure. Landscape plan shall be submitled and approvcd wilharchi teclural plal).

Subdivision. No Lot may bc split or subdivided. Notwithstanding thcforegoing, Owners ofadjoining Lols may, with the prior wrilten approval oftlre Design Commjtte€, sell, lease or purchase adjoining property in anymannerpemitted by law to accomplish r€location to tle boundary Iinebelwegn such Lots ifsuch sale and purchasc will not cause or result jn avr'olalon ofany selback, bujlding or other applicable law. In such cases, then€w boundary line thus established shall be deemed the new boundary linebetween thc respective Lots but no setback lines, easernenis or land uses for

(0

(h)

0)

(k)

such properties wilh tespe€t to the fonner boundary line or otherwise shall bechanged or shifted by reason oflhe change ofsaid boundary litre.

CombiniDg Lot9. Provjded lhat lhe Owner clects to do so in writing and dulyrecords same in the Office of tie County Clerk, Jefl-crson County, Idaho loworlDorc adjoining lots owned by a single Owner rnay be cornbined anddeveloped as one Lot bul shall theleafler be deerned as a Lot, and may notlhereaflerbe split and developed separately

Commercial LodgiDg. Unless otherwise specifically permitted by anysupplemental declamtion therelo, no Lot shall be uscd for either commercial,non-residential purposed or for r€sidential purposed which entail charginglodging or similar-type fees for periods of)ess than one (l ) weeks' stay.

Maintenance. Each Owner shall keep all Lots and Lhe extedoff ofimprovements lhcreon and tle exteriors, landscaping and sltr|ounding arcas ofall structures in good order and repair, and in a clean, safe, attractive andsightly condition and fee ofany and all fire hazard.

0)

(rn) No Tempor.ry Structures- No struciures of a tempomry character, mobilehomes, trailers, tents, teepees, shacks, garages, bams or other outbuildingsshall be used on any Lot as a Residence €ither lemporarily or permanently,and all temporary slructures on any Lot during coDstuction musl bepromptlyapprove{t by the Design Committe€ and musl bercmoved when constructionis completed; provided, however, tiat the provisions ofthis subparagraphshall not apply to temporary construction shellers used exclusivety inconnection with the conslruction ofihe main slructure or the guest house,which guest house maybe constructed in advance ofihe primary Residenceand occupied for no more than one (l) year prior to thc completion oflheprimary Residencc.

(n) Draineg€. The establish€d drainage pattem frorn, on or over any Lot shall nolbe obstructed, altered or in ary way modified, unlcss previous written consentis obtained liom the Design Committcc.

(o) Excsvation and Mirring. No excavation ofstone, sand, gravel or earth shallbe made on 6oy I-ot, except for such cxcavation as may be necessary in liemnnection with the erection of an approved improvement lhereon- No oildrilling, oil developrnent operation, quaraying or mining operalions ofanykind shall be Dermilted on anv Lot.

l,ivestock and,/or P€ts. No liveslock or pets shall be kept or )laintained onany Lot cxccpt as provided herein:

L No more than either two (2) dogs or two (2) cats may bemaintained on any Lot. If an Orvner chooses to keephousepets,

(pJ

il:,i.trff H,:,;:,:::,e:,have rhem under his4er conuor

$ftttt--t :t1.,..t* "':{ lrii:j+:.liil ff ';lU'ii.our u, *,tt ^',a uililtd .

Animals sfiall not be permitled-to

;"#fr :* ";ijj#j:it,"il::,!: t,..T"T.'l;off *,;, *":lil*,',f t#'ffi lfJ"*t"i,fl1r,",'','"Ul':i;;.::";il:"lbe Design comrni

wner ior iheirrenrm The Declarzr's

aoopt ttrter -te" l'li Tllhe Associalion shall have the riSht to

"'uy."q,r," * o,nill,.Jfl,Jllffi ':."#ffiTi provisionland

2. No horsc wi lh be a owe.l ;n w"r. . L_^_, r^. ,-except ox ror Lots ll:Yed

in waler lronl Esraler' wilh fe

*a io, r ,,,y r,",.1.,f,.J:ll,i [y^::J":: .rar or(2] horscs,

(q.) Noxious Weeda. Noxious weeds

*: jii"j,:;;:11..:Jffi ,n1 i:Ht".dI:[:,i:;.;"il,$:j,xl]t;", "eirr,er rrrc owners.or iieJia;.; ;,"?ffit:,,r:;:Hlil,I.:n,;T1,,",.;il:l"Jili Toj,i"ll"5 ffi;i:'r: '" ou"inur' 'h' *"'d;;:;; 'ii''e-'a"a in Ir''. oii." oi;;fr;;j]l-*::'::"'i

to^thc Lor and a Iien

*:,1;n:1fr,j:"f,"J":ffi :.;"...ffi # ::ifi,:L[T:i'6i,;]i:T::I'(r)Y"'*ii:i.'#ff

i;l,iliill,ly;lfi ',:Tilil:'"?Ly,Lorwhichdisturbs(s.) Snowhobiles, Motorcycles snd Aused,in such a ma;rner a.," i"frr;sJ"u,';h:",,:i;Xrr;|;i,lffi ;;H*

*

;.""1']['j::"jl " *" nght ofrhe iommittee ro rcview and adrrsr rfiis ̂rrc as

0) "xil:'*'1ffil*):""ffifi1'1fi:ifl *r*itted on anv Lotoron rheUflmnnlfru;i::;:"":ffi ;'"''1;1ffi :T,ll*ffi f :'*""

I Al l unsi8ht ly srructures. facr l i t rcs. equipmenl. ohjrcts rn. l

" i#li"i:ili1ffli'; :"j,l'Jl' - ; *roved i t ru c t u rc o r''illlirr:i[.;#t.]t"ll;il,l;ii1ii,t,'"ii,':l;]fl :l:snow removal equipment and garden or malntenance equipDcnt

4.

3 .

shall be kept at all limes wilhin an encloscd structure, cxceptwhen in aclual use.

Refuse, garbagc and lrash shall be k€pt at all timcs in a covered,noiseless container snd any such containcr shall be kept withinan enclosed structure or appropriately screed lrom view,

Servic€ areas, storage piles, compost piles and facilities lbrhanging, drying or airing clolhing or household fabrics shall beappropriately screened from view.

Pipes for water, gas, s€wer, drainage or olierpurposes and wjres,poles. arlennae and orher faciliti(s for thc ransmission orreception ofaudio or visual signals or electricity and utilitymclers or other utility facilities and gas, oil, water, propane orotber lanks ond scwage disposal systems or devjces shall b€ keptand maintained wiihin an enclosed structure or below the surfaceor below tie surface of the ground.

No lumber, grass, shrub or tree clippings or plant vaste, netals,bulk maleials or scrap or refuse or tlash shall ti€ kept, slored orallowed to accumulate.

(u,

7. All rubbish, hasl al]d garbage shall be rcgulady removed iromeach Lot and shall not be allowed lo accumul&tc thereon.Notwithstanding the foregoing, ifal lhe l;me ofthe occupancy ofany approved stnrcture, connections to a nearby undcrground lineor cables, which in all evcnts shall be witiin 120 days unless saidperiod is extended by the Design Committee. As of lhc effectivedate ofthe Coveoants, a conDection io a nearby television cableis not available. An Owner may install an antenna inside aresidence or slruclure. A srnall satellile dish may be installed ina location approved by the Design Committec. The D€signCommitlee may require an Owner plant trees or shrubs lo scteenthe small satellite dish ifit is visible from any adjacent property,and the Design Committee may require a new Residetce orstructure lo loop up to the lelevision cable ralher thall install anew small satellite dish llat may be visible to ar adjacent Lot orpropeny.

No Noxious or Offensive Activity. No noxious or offensjve aclivity shall becarrjed on upon ary Lot nor shall anything be done, made or suffered orplaced thcrmn which is or may become a nuisance or cause cmbarrassllent,disturbance or aruoyance to others. Without Iimiting any ofthe foreSoinS, noexterior speakcfs, homs, whislles, bells or oihcr sound devices, exccpt sccurity

(v)

(r,

(y,

lz)

devices r:sed exclusively to protect the security ofany Lot, shall bc placedthereon.

No Annoying Lights, Sounds or Odors. No light shall be €mitted from anyLol, Residence or structure which is unreasonable btight or causesuDreasonable 8lare. This iDcludes, without limitation, liShts such as sodium ormercury vapor lights. No lightbulb shouldbevisible fiom a location offtheLot. No sound shall be €mitted on any Lot which is umeasonably loud orannoying, and no odor shatl be emitted on any Lol which is noxious oroffensive to others. Downwad directed, Iow wattage, dark-sky liEhting isrequired for all Lots. All extemal liglting shall comply with Jefferson countySubdivision ordinance-

No llr"ardous Activities. No activities shall be done, made, sutTcred orconducled on any Lot and no Lnprovcmmts may be constructed therconv/hich are or migbt be unsafe or h^zatdous io sny person or property. Withoutlimiting the generality ofthe foreSoing flo fir€aons or fireworks shall bedischarged upon any Lot, and no open fires shall be lighted or permitted onany Lot except in a contained unit while attended and in usc, orwithin a safeand well designed jnterior fireplace, or as otherwise spccifically scheduled orapproved by the Board.

FeDces- All fenccs will be approved by the DesiSn Committee prior toinstallalion-

Signs, No advellising sigls ordevices ofany nalure shall be erected ormaintained on any Lot. Signs that are necessary to identi$/ tl'ie ownership ofaLot and ils address, not morc lian onc "Fore Sale" or "For Rent" siSn havinga maximufi face are of tblee square feet per Lot, necessary to Sive directioD'advise ofru)es and regulalions, or caution or ward ofdanger, alrd rcquired bylaw, are aliowcd. Any and all signs onindividual Lots shallbe oiattractivcdesign and in keeping with the scenic and ruslic nahlre ofthe area Any signsconsidcred to be offensive shall be brought to the aftention ofthe DesignCommittee for resohlion.

R€sidential Are. Uses, R€strictiots and Ilome Occupstion. EachResidential Lot shall be used cxclusively for Resjdential purposed, and nomore than one family (including its servants and hansient Sucsts) shall occuPysuch Rcsidence; provided, ho\tever, that notling in ihis subparaglaph shali bedeemed 1o prevent:

1. Construction ofguest houses in accordance with the Covenanls

2. Any artist, artisan or cmflsmaa from punuing his artistic callingjn the Residcnce ownod by such ar-dsan ifsuch arhsl, arlisan orcraftsman also uscs such Residcnce for resjdential Purposcs, rs

4 ,

5 .

3.

self-employcd and has no employees working on such Loi or insuch Resideoce and does not adverlise any product or work ofartfor sale 1o thepublic upot such Lot or llesidence.

The lcasing ofany Lot from time to time by the Owner thereof,subject however, lo all ofthe r€slrictions as may be adopted fromtime to timc by the Association or th€ Board.

Residences are not allowed to be r€nled, loaned or occupied bynon-Owners, with lle exception offamily.

A home occupation thal meets the following standards:

A home occupation shallbe opcrated only by a pcrsonresiding within the Residencc.Uses pennitted are profcssional serviccs such as anaccountatt, physician, and real estate agent, tutoring for nomore than two studenls at one ttme, and counselingprimarily for individual persons.All parking shall be provided on site and shall bc locatcd ina locatjon that is visually unobtrusive.No Dore than 25% of the habitable floor area ofthcReridence shall be occupied by tle home occupation.Thcre shall be no window display or other publjc display ofmaterial or merchandise connecled with thebomeoccupation. Only one sign, not to cxceed lwo square fe€t inarca and atlached to thc Resjdence shallbe pennittcd.

(iD

(r)

(iiD

(iu)

(v)

S-9!!S4 ?.lqCds. Roads shall be used forrcadway ard slreel purposes subject to 1herules and regulations ofthe Dcsign Committee ard the Associalion and shallbemaintaincd to Jcfferson County, ldalo slandards by the Association as hereinaflcrDrovided.

ARTICLE III

Design Committee

Section lr Members. The Design Conrmiltec shall consist ofthe tbree (3) membe$ ofthe Board ofDirectors. A membcr ofthe Board mayelecl not to act as a member oftheDesign Commjttee, in which case the Board will elecl an altemate meDber ofthe DesignCommjttee. An altemate member oflhe Design Commjttee may be removed upon noliceby, and shall sewe at the pleasure of, the Board. All members ofthe Design Committccshall be indcmnified and held harmless by lhe Associa(jon from liability, damaSe ancexpense frorn any decision or aclion they may rna.ke while acting within th€ scopc andcourse oftheir dul ies.

Sectiol2. Term. Eachoflhe pcrsons designated as an altemate member oflhe DesigllCommitteg shall serve until such time as he/she has resigned by givinS written notice ofhi$her resignalion lo the Board, or until he/she has been relnoved or his4rer successorhas been appointed.

Sectiop 3. Dutics. It shallbe lheduty oflhe Design Commiltee to consider and act uponall proposed changcs on lhe existing slale of pmperty, to formulate Design CommittcvCriteria, to enfoac€ the applicablc Covenaots set forth in this Declaration, to cooperatewith the Declaranls and to perlonn such other duti€s as are delegated to it hereunder or

undcr any Supplcmental Declaration.

Section 4. Mceths. The Design Comrnittce shall meet from time to time as necessary

to perform its duti€s property in such place and according to rules fro'n time lo timeestablished by the Design Committee-

Sertion 5, Action by Desiep Corlmittee. 'fhe vote or written conscnt of any two

membe$ shall constitute action oftheDesign Commiltee The Design CorEnittee shallreport in writing all approvals and disapprovals ofany changes in the existing state ofthe

S;bject Property to tle lloard and the Board shall kecp a pennanent fecord ofall such

teported aclon.

Section 6. Limitaiion and Liability. Neither lhe Design Committee nor a:ry mernberlheieof, nor lhe Declarants or theAssociation, nor any parlner, direclor, officer, agent or

employee ofany ofthe foregoiDg shall be liable to any party for any action or for an

failure to acl under or pursuant to or with respect to any provision ofthis D€clarationprovidcd only that the person or eniity sought lo be charged with any liabiiity shall haveacted in good laith. Th€ DesiSn Conmiitee may obtain insurance' if availablc' to insurethe members and lhe Design Comlnittee against efiors and omissiolls

Section ?. Board ofDirectoE. The Iloard ofDirectors shall consist ofJerryParkerandCJ.ndec Parker. Upon lhe sale of th€ first three (3) Lols, an additional board mcmber will

be appointed lo the Board ofDireclors oflhe Homeownen Association. Thercafict, upon

the sale ofcach subsequeot lrt, anoth€r Board Member will be sdded until t}re BoardM€mbers total three (3) excluding Jerry Parker and Cyndee Parker.

Any changes to the water Front Estales final plai or Covenants, Conditions &Restrictions will be upon the rccommcndation of thc Hommwners Association with fhe

final approval bcing granted by Jerry Parker and Cyndec Parker.

Upon the sale of759lo ofthc Lots, final apprcval by Jeny Park€r and Cyndee Parker will

not be required.

ARTICLE IV

Ilequired Approval ofAll Changes

Sectiol l. Cbange i

theExistins Stste ofProp€rtv. "change in the Exisling Stale ofProperly" shaLl mean and includq without limitation, thc constnrction or remnstructionofany building, strxcture or other improvem€nt, including utility facililjcs, tie making orclcalion of any excavation, fill or similar disturbance ofthe surlace of land including,with limitatjon, change ofgrade, stream bed, Sround Jevel or drainagc psttem, thcclearing, maring, defacing or danaging oftrees, shrubs or orher growing lhjrgs, tlclandscaping or planting oftrees, shrubs, lawns or planls, or any change, altemlion orrefinishiDg, includinS wilh limitation, ary charge ofcolor texturc or exterior appear.{rcc,ofaoy previously approved change in the existing stat€ of ro property, insofar as thesame shall apply to any lot ofsubject property, but in no event witi respect to anyCommon Atea,

qgelliqU2. Approvsl ofChanqe in ExirtingStrte Reqlrlred- No change in the existingstate ofproperly shall be made orpermitted, except by Declarants or'Irustees, withoulthe prior written approval ofthe r)esign Comniltee and without complianc€ with thisArticle IV. The following pa.ragnphs ofthis Arlicle IV shall not be applicable to anychange in the existing state ofpropefly undertaken by l)eclaranrs, or any duly authorizedagent or representative of Declarants,

Section 3, Desirn Conlmittce ABproval, The Design Committee shall havc completediscrelion to approved or disapprove any charge in tle exiting state ofproperly. TbeDesi8n Committee shall ex€rcise such discretion wilb the following objeclives in mindito carry out the gcncral purposes expressed in the Dcclarationl to preven! violation ofanychange which would be unsafe or hazardous to any persons or properly; lo mjnimizc, asin the solc discrelion ofthe Design Comrnillce is reasonable under circumstanccs,obstruction or diminution ofthe view ofotiers; to preserve visual conlinuity oflhe areaand to prevent a lnarked orunnecessary transilion bclween improved and r:nimprovedareas and any sharp definition ofboundaries orproperty ownenhip; to assure that anychange will be ofgood a|rd attractivc dcsigr and in harmony widr the rustic and nattralbeauty; to avoid duplication; lo assure thal materials and workinanship for atlimprcvements are ofhigh qualily comparable to other improvemenls in the atea; and toassure that any change will requirc as little maintcnance as possible so as Io assure abetter appearing area under all condiliol)s.

Section 4. Desiep Comnlittee Crit€ria. The Desigi Commidee shall adopt citeriaconsistent with Section 3 by which it inlends to exercise it diso-etion with regard toapproval or disapproval ofany change in the existing state ofproperly. The D€signCommittee Criteria as formulated by ihe D€sign Committee from timc to lime shall be setforlh in writing whjch shall be made available to Owners ofLots.

Sectiop 5. Conditions Precedent to Approval. Prior 1o expendilures ofary substantlaltime or funds in the planning ofany proposed change in rhe exiting slate ofproperry, rheOwncr proposing to male the change shall advise the Design Committee in writing ofthegeneral natur€ of the proposed change; shall, ifrequested by the Design Commi!tcc, meetwith a membcr or members ofthe Design Cornmittee to discuss the proposed change inlhe exislioS stalo ofproperty; shall read or become familiar with the Design Cornmitlce

Crireria lonnulated hy the Drsjgn Corffnit lee: and shall i freque\ledbythlPesiEn

Commitlee, fumish the DesiSn Colnmittce with prclirninary plans and speclhcallonsJor

;;;;;;;;; ;***. A1lerihe nature and scopi of c propose d change in exrtrns sratc of

Drcocrly ls detcrmined and prior lo the commencemcnt ofwolk to accomplrsil ll' ne"oi"" 'C".. i t t*

, f , t" l l be nlmishc.l in tr ipl icole by such owner' with a conrl) lele and

full desoipL-iotr of the proposed change ln *lc existing stcte ot properly ln wrlling.ano

*i-tfr ̂ "r"ior"" ""t""tg iheparticular Lot drawn to such scale as rnay be rcasonably

r"""i.i i"',ft" p*i*^ 6omnrittee showing all boundaries' edsting and Proposed

conrour lines and elevations at Icasonablc detalled inten/als improvemcnls' dralna8e

uurf.*. , , ,1;W und t*i tahon ldciUties, substanlial trees or shnrbs and sett lng lor the

ir"*l"J t. f t la"l" f", .ompletiorr. I hcre shall also be tumished lo the De'ign

["i-iti* -v *a "rf turtirer information with respect lo the ploposcd change in the

exrsrins slate;fploperty. l f thc drainage paltem wrl l be affecled by any ch?Lnge rn LnP

"'i"ii"i .i"" "r ".0".t;, the Design committec may require submission of a report on

trl"1-ff!" l" " o,]rft'n"Aeogineer oi Eeologist With respect to ail structures' the Dcsrgn

cor'; ; ; ; ;"; ; ;"tr" sru'. , . . ion,in r;pt i"are' oIf]oor l lan(' clcvation.dlawrngs' and

final working irawings, al l drawn to scale as may bc relsonable tcquued.by lhe ucsrPn

A;;i;;,il;;;;;. of exlerior maicrials and colors and samples of the same; and

n"ui .o"rt. . t i .n ip.. i f ical ions. where building or sruclures.or other improvetncnls

which reasonable rtquire plans and specifications are proposed to he p'"p^*"o oy. u , ,.

oract;cinq l icens€d archilect. No profDsed change in lhe Exisl ing slate ol propcfiy inarl

i-c d..med ro hute b.en rpproved by the DesiSn Commi(ce unles' rls approval rs n

wri l ins execulcd by at least lwo mcmbers oflhe Desidn Conrmrttee: provrded.uDr

uoo,ou"uf tfr. f t U" a"" 'oed givcn if the Design Conmitlee fai ls to approve or.Jislpl love a

,r,ooosed chunge in the exist ing stale ofproperly or lo matre addit ional rcqurremenls-or

i".5"st ",rJi, i"?"i ;"r"rmation "wirhrn

2 l . tays aflcr a tult an.! complere descripr,on.ol r\e

propo.ed change ir the exj5l ing slalc ofpropcrty ha" been furrished rn wntrnP lu 1ne

fi.ii* co--"ltt"" rvittt a wrjlten and specilic rcquest for aPproval

" in tulst-tial confonnity with the descnptjon

as promptly and di l i8ently as possrble and i

i"t '* i"n"*a . lrL*e in rhe exist ing state ofproperry and wit\ anv pldns and

snecif icatioos lhereofgivm to the Design Commjl lee Failure lo commcnce 1ne (hinde

i" t fr" "-"u"* """ " l propeny wilhin one ( I ) year afler lhe date of aPproval or,toe

fornol"r" th""propo..d'change in the erist ingsia e ofpropeny {including completion ut

irr.'ii"ir.rrli*j!"tti-rialf, in conformiry *ith lhc description ll)eleofand plans ard

soccif icatrons iherefore wif l in a reasonable pcnod of l i lne (not lo excccd lwo (l) years ,

"n", ao,o'nanaa--t ofconslrucl ion) \hal l operale lo aulomatical ly Ievo[e lhe apploval

of lhe nroooscd chanBe :n lhe erist ints 5late of propeny and' uPon dernand bv Lne uesr'rrr

conrninee, the Propiny shalt be Icslor ed as nearly as possible lo r l5 slate c)\ ' \ trng prror

to u,rf *o* in *nn""tion u'ith the proposed change i! the exisdng state of-proPerty lf

an iniorovement is deslroled (whethel total ly oI paflrdl lyr- 1he debris slrdl l he remov'd

,,rom.tlv and the renaindcr ol lhe improverncnl sl\al le: lhei be Icmoved $r$rn nrncrv

it o, ir"i "l t .i".r,". comrnenced wrthin said ninety (90) day perlod commcncing on

itre aati thc destruction occLtrreJ. Thc Design cotnmiltee and its duly appointcd agenls

may enter upon a property at any reasonable time or times to inspgct dre progress orstatus of any change in tle exisling stale ofpropcriy being made or which may have beenmade.

Section 7, Fallure to CorrplJ. Iftie Design Committee shall find that any change i| theexisting statc ofproperty shall havebeen unde aken without the approval ofthe DcsignComrnittce in violation oflhe provisions ofthis Article IV, it shall iuu ediately notify theDeclarants and the AssociatioD, any ofwhich shall have the dght to removc any suchchange in the existing state of property at the sole cost and expense oflhe Owner orOwners ofthe Lol. Ifthe Design Committee shall find that a change in the existjng slateofpropeny r4as not clmpleted in substanlial conformity with the description thereof andany plans and specifications therefore as approved by fte Design Commi!tee, lle DesiSnCommitlee shall notify thc owner or Owne$ ofsuch noncompliance, the DesignCornmittee shall notify the Declarants and tIe Association, any ofwhich shali have theright, as its optjon, to rcmove the Change in the Existing staie ofpropefly or to remcdyihe noncompiialce, in cither case at the sole cost and expense oithe Owner or Owncrs ofEe Lot.

lgeUa! E lqlifsalQs 4,Ld-NsU!r!. Upon request ofthe Owner, Lhe Desjgn Cornmilleeshall rccord a certificale ofoompletion and compliarce upon completion oflhc Change inExisting state ofproperty afler having inspected the Chanec in the Existing state ofproperty and satjsfied itselfthat the Change in Existing state ofproperty was completcdstriclly in accordance with tbe right and authority to record a noticc to show thal arypanjcular Change in the ExistiDg state ofprope y has nol been approved or that anyapproval given has been auiornatically revoked 4s providcd in S€ction 6.

S€ctiol 9. Waiver. The approvalofthe Design Commillee of the plats andspecifications for any change in the exisling state ofproperty shall nol bc deemed to be awaiverby thc Design Commitlee ofits rights to object to any ofthe Gaturos or clementsanbodied in any other plans and specifications fot anothcr change in the existing slate ofpropedy, nor shall such approval be consfued as in any manner modiftng, altering orwaiving any ofthe Covenants ofthis Declaration or any Covenaflt, condilions,Restrictions or provisions in any Supplemenlal Declaration.

f e!!!q!-!0--flts!up!!9B ia!r!c. All ofthe changes in the existingstate otproperly theretofore or hcreaftcr Dnd ertaken by the Declarants or his agents orrepresentative on any Lot shail be conclusively presumcd in compliance wjlh theprovisions ofthis Articlc lV.

Section lL Association Acliop. lfany Owner is obligated to pay foror perft)nn someact in accordance wilh the lerms, hcreo{or with the terms ofsny by laws or rulespromulgated pursuanl to thcsc Covenants, and such Owner fails io do so, the Associaljonmay curc such failurc (but in Do event whatsoever shall be obligated io do so) and ma.'rccover lrom tle Owncr all cosl ofsuch cure in addition lo any other rights or remedies jt

rnay havc hcreunder- In no event, however, shail the Association or any ofits oflicers,

employces or Committee metnber be liable in any way for its decision to cure same or not

to cure same or for tlepartial or faulty cure ofsame

ARTICLE V

VariaDce

section 1. vsriancqlltlDlllg! ears!!!!gg Thc Design Comniltee may authonze

*.iu*., fro. "otttpllance with any ofthe Covenants contained in this Declaralion or

any Supplernental Declaratiol when circumstalces arise due to such issues as

loooqlaDhv. nrturul obstructions or hardship; provided' however, tha! such varianccs

strall'te autiorized in confoflniry with the intent and purposed ofthis Declaralion and

Drovided fulthcl thal in every instance such va.iancc will not be materially detrimcntal or

;njurious to the olhet property covered by this Dcclaration such variances trust be

evidcnced irl vr'riting.

Section 2. Duties ofthe Assggbli!!!. The Association shall, in addition to suoh

otfGutio*, a"tl"t -a functions as are assigned to it by olber provisions ofthis -Declaration and any Sr:pplemcntal Declarations, havc the obligations, duties and

functions to do and perionl each of the following for the bencfit ofthe owncrsand

Members and for maintenance, adminishaiion and improvement of the Subject Prope'ty

aDd olher property owned by theAssociation' the Pond easemcnt areas arld any Common

Ar€as or any other propeiy as may bc rcquired or appropriale The Open Space sha)l be

rnaintaincd arcording [o the requircmenis outlined in the open Space Management P]an'

CurreDtly no mainlcnance building is planned for this developmeflt'

Scction 3. Porvers s|rdAuthorit ies ofAssociation. The Association shallhave al l of

th" no*".. ofu nonp.ofit corporation organized under lhe laws of the state of Idaho'

subject only to s,-rchlimitatio;s upon the exercise ofsuch powers as are exprcssly sct

forti in tc alicles, gy-Laws or this Declaration. Thc Association shall have tbe poser

to do any and all lawful things which may be authorized, required ot permitted lo bc done

hereunder, or by tle Afiicles and to do and Perfonn any and a1t acts wllich may bc

necessary or proper for or incidental to the exercise of any of its express poweFr

in"tualni ttr" totio*iog which ar€ lislcd without intent to limit ihe forego;ng articulation:

fal Assessmerts. To le!ry Assessments, charges, flnes and penallies on ihe

Owners, and to enforce the paymenl ofthe same, all in accordance w;lh

provisions ofthis Declaration and its Supplernents, the Articles, By_I-aws'

Rules and Regulations oflhe Associatjon'

(b) Easements anal fught of Way To grant and convey to aoy third party

easements and righls ofway in, on' over or undcr the Association's propcrty

or common arcas owned by lhe Association for the pulpose ofconstrostlng'

erectinS, gencrating or maintaining any improvements' utilities or other

faciljties,iubiect to the pnor written approval ofthe Design Commiltec'

(d)

(c)

(c)

Employrlrent of Mtnag€r and Employees To employ the sewice ofanypcrson or firm as tnanager, logether witi employees, lo manage. con(lucl andperfom the business, obligations and dutics ofthe Association as maybedirecterl by the Board and to cnter into contracts for such puposes To obtainand pay lor 1egal, accounting, €ngin€ering, lnanage,nent and olherprofessional services as rrray be necessary or desirable.

Mortgage Protectlve Agrccments To exccute and cause to be recorded

from time to tilrre agreements in favor ofhold€rs or insurers ofmoflgagessecured by portions oftlc subject property Such Agreements may condition

sg€cified action releva[t lo this Declaraiion or the activities oflhe Association

upon approval by a specified group or number of such mortgsge holders or

insutels.

Right to Make Rules and Regutatlons- The Association shall be authoiizedto and shall have the power to adopt aJ)d cnforce rules and regulations to

regllate use ofany and all facilities and property ofthe Association to assure

fullest enjo)4lrent and use by the persons entitled to enjoy aod use the same'provided that such rules and regulations shall nol be in conflict with tle

Declaration or any Supplemental Declaration The Association may providc

for enforcernent ofany such rules and tegulalions thaouSh reasonable and

unifomly applied fines and pcnalties, through exclusion ofviolators fiomproperly and facilitics ofth€ Association or othcr\tise Each owner, membelsofhis family and his tenanls, Suesls and invilees shall be obligated lo complywirh and abideby any slch rules and regulations.

fught to Prosecule ActioDs. The Associalion shall have lbe power andauthority fiorn tirne to time, in its own tatne, otr its own b€halfor on behalfofany Owner or Owncrs who c,onsent lheleto, lo,iommmce ard rnainlain

aciions and suits in law and in equily to restrain any breach or lhrcatenedbresch olihis Declaration or any SupPletnental Declaraiion and 10 enlbrce, by

mandatory injunction or otherwise, all ofthe provisions oflhis Dcclaration orany Supplcmental Declaration.

Insurance. To obtain, maintain and pay for such insurance lolicies orbonds,whether or not rcquired by any provision of the Declaralion, or any By-I-aws,

as the Association shall dcem to be appropriate for tle prctection ol bene{it of

the Owoers, thei lenants or Suests, including, but witbout limitalion, fire and

cxtendcd coverage insurance covering ihe Association property, pond

eascment areas, liability insurance, worlclen's compensation insurance,rrrahcious m r schief insLrirn cc, automobtle non_ownershlp insurarce 1ndpcrformance and fidelity bonds.

Utilify Ser-vice. To conlracl and pay fo., or otherwise provide for, utililysc1_vices, including, but without linitalion, waler, se\r'er gafbage, electrical,

(c,

(h)

(D

telephone and gas services over any ofthe subject property owned by theAssociation.

Road Mairlena ce. To conlract and pay for, or otherwise providc for, tleconstruclion, remnshuction, repair, mainlenance, snow removal, replacanentor refinishing ofany roads, drives ot odler paved areas upon any portion ofthe subject properly owned by the Association. All snow removal and roadmaintcnancewill be Bovemcd by the Board ofDircclors. Toads shallb€maintained to Jcfferson County, Idaho standards.

Protective Seryices. To contract and pay for, ot otherwise provide for, fireand such otherprolective services as tlre Association shall liom time to timcdeem appropdate for the bcnefit ofthc Owncrs, thcirtcnanls ard guests.

General Con(racts. To conL?ct and pay for, or otherwise provide for, suchmaterials, supplies, fruniturs, equipment and labor as and to the extcnt theAssociation deefi s necessary.

Lieus. To pay and to discharBe any and all liens from time to time placed orimposed upon any Common Area owned by the Associalion on accounl ofanywork done or perfonned by the Association in the fulfillment ofany ofilsobligations aad duties ofmainlenance, repait operation or administralion.

Implied llights of the Association. The Association shall have any mayex€rcise any right or privilege given 10 jt exprcssly in the Declaration or enySupplemental Declaration, its Articles and By-Laws, or except to lhc cxtentlimitcd by the lerms and provisions ofthis Declaration, giv€n to it by law andshall have ard may exercisc every other right or privilege or power andauthority necessary or desirable 10 fulfillits obli8atjons, including, withoutIimited lhe generality ofthe forcgoing.

Rlght to Elter Upon Ally Lot. The Associalion, or its duly authorizedagents, shall have the right at any time, and from time to lime, wilhoutliability to any Owner for trespass or otherwisq to enter upon any Lol ofthesubjecl propeny, or any structure or improvement thereon, for thc purpose of

( l) Maintairing same in thc event of default on the part ofthe Owncr orOwners there ol, jlr lhe maintenance thereof;

(2) RernovinS any change in the cxisting stale ofproperty in violation ofthe Drovisions of Article Mereol

0)

(k)

(l)

(m)

(n.l

(3 ) And other-wise enforcing the Covenants $ntained in this Declarationor sny provisiors, Covenants, Condilions or Resrrictions contained inany Supplernentai Declarationi provided, however, any enuy iDto any

such st$cture shall require 24 houts advance notice by personaldelivery or postinS.

AITTICLE \4I

AssociatioD-Member aud MaDagement

Sectior lo Regullr Membership. There shallbe one (l) Regular Membership in theAssociaiion and one (l ) vote for each Lot regardless oftle size ofsuch Lot, andregardless ofthe differences in the size or scope oflmplovemenls thereon. SuchMembership in the Association shall be mandatory. Each such membershjp shall beappurtenant to the fee simplc titlc to such Lot- The Owner or Owners (includingDeclarants) ofth€ Lot shall be deemcd the Owner or Owne$ ofthc Membclshipappurtenant to the properly and title to and ownership ofthe Membaship for thatproperty shall automatically lass upon traDsfer offee simpie title or long term lease tothat property. Each Owner or O\4Ters ofa Lot aforcsaid shall be at all times entitled tothe bcnefits and subject to lhe burdens relating to the Membership for such property. Forpurposes hereof, ifan Owner has enlercd inlo a lease for the property with an oriSinallenn oftw€nty-five (25) years or more, such Owner shall Sive such lessee his proxy Ioexercise rights ofmernbership as to such propcrty and shall file such proxy wilh ileAssociation. Iffee simplc litle ot long lenn lease to a Lot as aforesaid, is held by morethan one p€rson or entity, the Membership appurtenant to that property shall be shared byall such persons or entilies in the same propodionate intcrcst and by the same tr?e ofownenhip in which fee simple title to that prop€rly is hcld. Such persons or €nlity shalldesignate a representative to vote for the Membe$lip.

Section 2. Board ofDircctors. Tbe affairs of the Associatjon shallbe managed by aBoard ofDireclors consisling ofthree (3) persons. In all evenb, the Board ofDircctorsmay, however, delegate any portion ofits aulhority, by resolution, or to an ExccuiivcComrnittee, or to arl Executive Manag€r or Directot for the Association. Members of theBoard ofDirectors shall b€ elected annually by the Members after the Declarants'Development I'eriod, wbich shall bc until five (5) Lots have been sold. VacaJtcies in thcBoard may be filled by the action ofa majority oftle remaining Board MembersMember ofthe Board ald their officers, aBents and employees, actjng in good faith onbehalf of the Associatior:

Shall not be liable to owners as a result oftheir activities foi any mistakeofjudgment, negligence orotherwise, except for their own willfirlmisconduct or bad faith;

Shallhave no personal liability in conlract to an Owner or any otherpetson or entity under any agreement, instrument ot lransaclion €nteredinto by rhem on behalfoftle Association in their capacity;

Shall have no personal liabilily in ton to any Owner or any person orenlily, except for their own willflll or bad faith;

(a)

o)

(c,

Shall have no personal liability arising out ofthc use, misuse or condilionof the property which might in any way be asscssed against ot imput€d tothan as a resull ofor by virlDes oftleir official capacity.

Scctlon 3, Votitrs of Members. Each MeDrber shall have one vote for each Lot asprovided in Section I herein above, in the electiorl ofmorbcrs ofthe Board ofDireclolsof the Associaiion, and in all olher natters submittcd to the vote Members. In all volingby Mcmbe6, voting by proxy shall be al)owed and permiited and, in all voting membersof the Board, cumulative voting shall be allow€d and pennitted. In no event shall moretha[ one vote be cast with respect to any Lot. Untjl l0lois, or 75% ofthe Lols have beensold and litle &ansferred to Owners olher ihao Decla$nts. \,',hichever occurs firsl, theDeclaraots rescrve the righl to appoinl and remove all mcmbels ofll)e Board and toexercise tho powers and responsibilities otherwise assigned by the Declaralion lo theAssociation. Not withstanding th€ foregoing, by express written declaration, Declarantsshall have the option to, at any time; tum over to the Association and its members, thelotal responsibilily for electing and removing members ofthe Board.

Secaion 4, Noticc ofMeelinps. A Member shall be entitled to at least thiny (30) days'notice of6ll meeting in which a vote ofihe memb€rs is to bc taken and 'vhen the amountofall Assessments which the Members are obligated to pay will be determined. Noticeshall be considered given whm written notice is mailed or telegraphed to a Metnber,addressed to tle Member under the name and address for th€ Member furnished by theMember to the Association and, in any event, shall be deelned givcn on the earlier ofaotual receipt ofiv€(5) days afte. mailinS or te)egraphing- If a Member fails to funish aname and address to the Association to which notices may be mailed, thc Associationshall be entitled to give notice by mail, telegraph or delivery ofa writlcn notice to theaddress of such Member's property, addressed "Care ofOwncrs"

SectionS. Ouorum. A quolum shall consist offifiy-one (51) percent ofthc Members.

ARTICLE VIII

Assessmeu(s

Section l. Opcrrti g Fuud. The Association, actinS by and lhrough the Board, shallcollect and d?osit to an account in the name ofthe Association all monies paid to it byway ofassessment, fees or charSes for the use olany Commolt Area, or otherwise andfrom which the Association shall make disbursernents in performing the functions whichthe Association performs under this Declaration.

S€ction 2. Maintenance Assessment. Not later tian thirty (10) days prior to thecom1rrencement ofeach calendar year, ihe Association shall estimate lhe cosls andexpenscs to be incuned by il duing such year in performing its function includingreasonable provisions for defiaying expenses atlribDtable to ownership, maintenancqopemtion and fumishing ofCommon Area and tle Improvernents thereon and ftrr

(d)

conlingencies, reconslmction and replacements and for alterations, modificarion andimplovements thereto, including but not limited to the payment oftaxes oftheAssociation, the payment oftax€s levied on wilh respect to the propefty owned by theAssociation,lhe payment ofutility charges, maintenance expenses for lhe ulilityiDstallations and roads and snow removal therefotc, lease ofthe Caretakeas Residence,Board expenses, expenses ofthe Design Commiltee, cxpcnses ofenforcement ofll]isdeclaration and professional fees. In so eslirnating, the Associstion shall take intoconsideration the anticipated balance in the opcraling fund as oflhe stafl of such year andtle estimated rec€ipts ofall assessmonts, charges, fees and other payments to be collectcdduring the year. The net estimate determined by thc Association as being necessary andrequired shall be dividcd and assessed by it as ofJanuary l"' ofeach yeu as anassessment for such year againsl all own€rs and l,ots (each lrt beiDg treated lhe sarnc asall otbcr Lotl, rcgardless of di fferences in sizc, whether improv€d or unimproved andsize, degree or nature ofthe Improvements) in propo(ion to thc number of Lots ownedby each Owner provided, however, neither the Declarants nor any entity which theycontrol, including but not necessarily limited to, K&J Development LLC, who are or maybe involvcd in lhe developmeDt and/or sales ofLols in Water Front Estates Subdivision,shall not be assessed lor any ofsaid l.ots, ever though one or more of said cntities maybe the Owner. Said entities may, at thc option ofthe entities, elect to pay an assessmentoll one or more Lot!, but shall not be required to do so. Payment of an assessment by oneor rnore ofsaid entities in any year shall not be basis for r'equiring any paymer)t in anyyear thereafler. This provision controls notq,ithstanding anything containcd herein to thecontrary. Said entity shall not bc deemed an "Owner" wilhin the meaning oftheass€ssmenl requjrcments containcd Arlicle VIll.

Section 3. Supplemental Assessment. Ifat any time and from lime to lime dunng anyyear ii shall appear that the assessment is or will be inadequate for any rcason, includingnonpa)rrrent by any Owner ofhis share, the Association may lcvy a f,rdl€r assessment toall Ownels in the amount ofsuch aclual cstimated inadequacy.

gelliql.4. Pavmcnt oflltaintenarce Assessment. The assessments sball bcdue andpayable by the Owners to.th€ Association in equally quarlerly installments in advance onor before the thidietl (30'") day ofeach January, April, July, and Oclober, or in suchotier manner as the Association shall designate, but not in advance jn an amounl inexcess ofthe estimate for the full year.

Section 5. Sucg.ial4ggsmen{s. The Associalion may also Ievy a special asscssmcnlagainst any Owner where, as a direct result ofsaid Owner's acts or failurc or rcfusal toact or otherwise to comply wiLh this Declafatior\ the By-Laws, the Covenants and anyrules prescribed by the Board ofDirectors ofthe Design Cornmitte€, monies were or willhave to be expended from the fund by llre Association in perfolning its funcljons orenforcjng lhe Covenants under this Declaration, the By-Laws, !he Covenarts or any rulespr€scribed by the Board otD;ectors or lhe Design Commi!tce. Such special asscssmcntsha)l be in the amount to be expended or so expended therefore and shall be due andpayable to the Association when levied and shall include without limitation, engineers',architects', altomeys' and accountanls' fces reasonable incured by the Associalion.

Sffli-!|I|j. jpcqal4$cslug ild Improvemerts. In addition to the annualassessments, the Association may lcry a special assessment for lhe purpose ofpalngpart or all oflhe cosls ofconstruction, re-conJtrl]clion or rcplaccmml ofany capitaiinprovsments located upon any Colnmon Area, including neccssary fixlures or pelsonalproperty relatei thereto. Any special assessment shall apply only 10 the yedr in v,,hich itis set. And special assessm€nt shall require the priot approval oflwo-thirds (2/3) oftheMembers. Thcre shall be a development fund inlo which lhe Association shall deposit allmonies paid to it as spocial or capital development assessments a]ld incotne and profilsattributabie lo inveslment ofthe development fund and fiom which Association shallmake disbursements in perfbrming tie functions for wbich such asscssments are levied-

Sectiop 7. Oblig{tion of Pryment. Each asscsslnent (maintenance, supplerbental,special or development) shall be separate, distinct and petsonal debt and obligation oftheOwner against v,/horn it is assessed, at lhc time thc asscssment is made, and each Ownerofany Lot, by acceptance of a deed therefore, whethd or not it bc so expressed in suchdeed, is dccm€d to covenant and agree to tinely pay lie same to tlc Association. Iftheowner does nol pay such assessment, or any installment thereof, when due, thc Ownershall be decmcd in delault and the amount ofthe assessment noi paid plus inters al one-halfpercent (1 %%) per month (not to exceed, however, thc highest rate permitled underIdaho I.aw) and costs, includiDg reasonable attomey's fees, shall be and become a lienupon tbe Lot or Lots ofsuch Owner, effective upon and as ofthc recordaljon ofa noliceofdefault. Such noticc ofdefault shall set fonh lhe arnount ofthe deljrlquent assessmentand othcr charges, a dcscrip{ion olthe Lot agalnst which the same has been asscssed andthe name ofthe record holder thereofand shall be signed by an officer olthe Associationand shallbe msil to thc Owncr at least lcn (10) days prior to the recording of a lien. Suchlien shall be prior to all other lieos filed except thal it be subject and subordinali: lo thclien of any previously filed moftgage on stlch lot ofsuch Owner, and thc sale or ranslerof any Lot in foreclosure of such mortga8c, whether by judicial proceedings or pursuantto a powcr ofsale contained in such mortgage. Such lienmay be foreclosed by thcAssociation in like mannff as a mortgage ofreal property, and thc Association shail havethe power lo bid on the I-ot as a foreclosurc sal€ and to acquirc and ihereafler hold, Iease,mortgage and convey the same. The foregoing remedies shall be in addition to any olherremedies provided by law for the enforcement ofsuch assessment obligalion. Uponpa)rnen! ofany such delinquent assessment, interest and charges in comeotion wilbwhich such notice ofdefadt bas been so file, or other satisfaction theroof, the Associalionshall cause to be filed a further notice statin! the satislaction and release ofthe lienthereoi

Section 8. Estoppels Cer(ificstc. On request by any proposed purchaser, Mortgagc ortransferee ofa Lot, the Association shall execute and ackno$rledge a certificate statingthe amouDt ofthe assessment secured by any lien upon such Lol, ot that liere is nooutstanding assessment, as the cause may be. Such cerrificate shail be conclusive uponlhe Associalion and lhe Owners in favor ofall persons who rely (hereon in good falth asofthe amount ofsuch indcbtedness or the absence ofany indebtedncss as ofihc datc of

thecert i f icate. ' lheAssociationmaychargear€asonablefccforthcissuanceofsuchcenificate.

Section 9. No Exemption from Liabil!-tJ. No Owner subject to assessment, charges,fins or penalties hcreunder rnay cxempl himselffrom liability for same, nor releasc hisLot or any portion ther€offrom the liens thereofby waivcrs oftlc use and cnjoyment ofthe propcrty and facilities promoled by such aJsessrneots, charges, fines and penaltjes orby abandonment ofhis Lot or any portion thcreol

Section 10. Uniform Rrte ofAsses$ment. The annual Maintenance Assessmcnt,Supplemenlal Assessmcnts an{l Special Assessments for Capital Imprcvcments shall bcfixed at a uniform ral for all Lots, including those Lots owncd by the Declarants. EachLot wjllbe assesscd no more than i/51'r ralio. This ratio may change, however, ifl,otsare combincd or DroDerbes ate annexed,

ARTICLU IX

Property Rigbts

S!ct!9!!_1-,D4iaage-agull!g4!io!!. There is hereby reserved to Declamnls anonexclusive easement for drainage aird irrigalion ofsurlace walers from porlions oflhcsubject property across other portions ofthe subject gopeny Said drainage andirrigation shall confonn to a developmcnt plan as it is dcvcloped by Deolarants.higation walcr may be delivcrcd by ditches, above grcund water lines and below ground*a1er lines. Drainage ard irigation shall be limited to reasonable arnounts ofwaler andshall be so designed ard construcled so as nol to rnaterially interlere wilh thedevelopment, use and enjoyment ofthe portions ofthe property onto which such wal€rdrains and flows. Alleraninitial drainage and irrigatiol plan is developed, the draina8eand iritation as establish€d shall not be altered, modified or changed as to any part ofthesubjcct property without the consenl oflbe O\rners who \rill be affecled by any suchalterations, modificalion or change. The Board shall have the authonty 1o managc andregulate the drainage and ifiigation systerns on the subjcct property.

Section 2. Roads. Each Owner ofa Lot, as wellas aD€clarant arrd the Own€roftheCommon Arca and rccreation area shall have a nonexclusive easement appurtenant to hisproperty ofingress and cgrcss over and on all roads. Each Owner may delegate his rightunder said nonexclusive easement for lhebenefit ofhis family, tenants, scrvants,emtloyees, agents, guests and invitees and any transteree by thc way oflease assig nentor contract for purchase ofthe propeny 1o which said nonexclusive easement isapPu enant.

Section 3. Members' RasemQlts sf,EljayErDt. Subject to lhe appljcable rules andregulalions, existing easements and reservation ofrjghl, and rcquirements ofapplioablelaw, evcry mernber ofthe Association shall, as Owner ofone or mole Lots, together u ithDeclarants, have a ri8ht and nonexclusive eascment ofusc and enjoyrncnt in and io allproperly o*ncd by lhe Association, property interest and recreational facililies owned or

held by the Associstion. Such right and easement sball be appurtenanr to and shall passwilh the title to ever Lot stbject io the following ljmilations: The right ofthe Associationto limii the number ofguests aud to adopt Association Jlules regulaling the use ardenjoynent oflhe salr]e.

Section 4. Deleeation ofUsc. The Owuerofany Lot may dclcgate to any occupant ollhe sam€ the rjght to the use and enjolment olthc said facilitios and any pivjlcgeappurtenant lo such Lot on lvhich the samc is located to use and €rrjoy any comlnonareas.

SectioII 5- Parkins Rishts. The use ofparking arcas (ifany) within the Associalion'spropertics Common Area, together with lhe tems and conditions with regard to suchusc, shall be subject to and at all times govcmed by the Dcclarants'rulcs or theAssociation's lules as lie same are io effect from lime to time.

AITTICLE X

Miscelleneous

Section lr DuralioD ofDeclarrtion. Any provision, covcnant, condition or f€stlictionconlained in this Declaration or any Supplemental declaration shall be Covmants runninuwith $e land for the use and benefit ofthe Lots, Association's property and CommonArea, and shall continue and remain in fxll lorcc and effect lbr the period offorty (40)yea.rs fo)lowing the date ofrecording aller which time rey shall conlinuc automaticallyfor succcssive pcriods often(10) years, unless at least one year prior to the expiration ofany such period, this Declaratioo is terminat€d by recorded instsument dircctingt€minalion signed by the Owners ofnot less than two-thirds (2/3) ofthe aggregatcnumber ofLots.

Section 2. ltllect ofProvisio[s ofDcclaratiox. Each provisior, cov€nant, conditionand rcstriction conlain€d in lhis Declaratiolr:

(4, Shall be deemed incorporated in cach decd or otier inslrument by which anyright litle or intcresl ilr any real propeny subject to this Declaration is Branted,devised or conveyed, whctier or not s€t forlh or referred Io in such dced orolher instrum€nti

Shall, by vi(ue ofany person's or entities acceptance ofany right, title orinterest in any parcel ofproperty subject to this Declaration, be deemedaccepted, ratified, adopled and declar€d as a penonal covenaat ofsuch personor entity ard as a persoDal coveDant ofsuch person's or enlifes h€irs, personalrepresentatives, successors and assigns and, ifa personal covenart ofa personor cntity oLher tban the Association or Declarants shall be dcemed a personalcovenant to, with and for $e benefit ofDeclararts and to, wjth and for thebenefit ofthe Association and ifa personal cor,enant oflie Association , shallbe dcemed a personal covcnant to, with aDd for rhe bc eit ofDcclarants and

(b)

to, with and for the benefit ofeach Owncr ofprlpeily subject to thisDecl arati on;

(c) Shall be deaned a real covenant by Declarants, for itjelf, ils succcssors andassigns, and also an equitable sel.vitude running, in each case, as a burden wrrnthe title lo cach parcel ofproperty now to hereafler subject to hjs Declaratlonand, both as a real covenant and an equitablc servitrde, shall be a burden uponand binding on each such parccl ofpropefty and upon each person or entilyowning any dght, title or jnteresl in such parcel ofproperty for so long as suchperson or entity owns any such right, title or jnteresl, and with respectb aIrypropcrty ofa person or €nlity other than the Association, or Declarants. shalJbolh as a r€al covenanl and an equitable sen itude be decmcd a covcnant andservirude fbr lhe benelit of any property now or hereafter owneal bv thcAssociation which is subject to lhis Dcclaration and for the benefiiofanv aldall propeny which is subjecr to Lhis Decl"ral ion;

(d) Shall be deemed a covenant, secured by a lien binding, burdening andencumbedng the title to each parcel ofproperty which is subject io thisDeclarario.r and. wilh respect !o any propeny or entrty othcr ihan rheAssociation or Declarants, shall, as a lien, be deemed a lien jn favor ofDeclannls and tle Association and, with rcspect to any propeny owned by theAssociation, shall, as a lien, be decmed a lien in favor ofDeclaran(s;

G) Shall be deem€d a conditjon subjecl 10 which rirle Io each parc€l ofpropenywhich is subject to rhis Declamtion is and shall ar all time Le hcld.

Sl!4q!!_3. Enforcement and Relnedies. The covcnants contained in rjs Declaratrorrand the provtsion, covenants, conditions and restrictions contained in any SuDDlcmentalDeclarat)on with respect to the slbjccl propeny. the Association or pron"nv oirt.Association shall be enforceable by Declarants. by the Assoctation. or hy ary Owner ofproperty subject to this Dcclaration by a proceeding for a prohibitive or lnandaroryinjunction. Thc covenants contained in this Declaralion snd the provisions, covenant.,,conditions and restrictions contained in ay Supplemental Declaration with iespeci to aperson to enlity or propcrty ofa persoD or enlity or the Association o, Dcclarants sha)l bccnforceable by the Declarants or thc Association by a proceeding for prohjbitiv€ orrnandatory injunction or by a suil or actjon to recoverdamages or to recover any amoltntdue or unpaid or, in the discretion ofthe Association or the Dcclararts, for so long as anypcrson or €nlity fails to comply with any such provision, covenant. condition orresti ictron. by exclusion ofsuch perso' l or cnttty aod such person'i or entiLies ducst orinvilees from use ofany property or faciljty owned or held by the Associationind frorn€nJoyment ofany function uDdertaken by the Association. In Addition lo lheronediesstaled abovc, i! wjlh respect lo any prcpcrly subject to this Declaratjon. conveye{, to thcAssocialion or to any other person or entity by Dcclaranls, there is a violation or breachofor failurc to comply with any ofthc provisions, covenants, conditions or reshictionscontained in any Suppl€menlal DectaErion, tben Deciaranrs shall be dcemed 10 have alxtshall have a poser ofterntjnation and the rjght immerliately o. at any tirne dunng the

continuation ofany such violaiion, breach or failure to re-entcr and take possession ol-llrereal propedy and, upon exelcisc olthis right ofre-entry, title to the proPerty shallthereupon vest in Declarants. This riglt ofre-enty and for revising oftitle shall bcsubject to lhe provisions ofAniclc lV, Section 7. lf coun proceeding are instituled iLconnection with the riEhts ofenforcement and rernedies provided in this Dcclaration, theprevailing pafly shall bc entitled to recov€r its costs and expenses in connectiontherewith,includingreasonable atiomcy's fe€s.

Ssed!4L lfqlcsuq!-qf Mortgreec. No violation or breach ofany ofthe provisions,covenants, conditions or testrictions contained in this Declaration or any provision,covenant, condition or r€striclion contained in aDy Supplernental Declaralion and noaction to €nforce the samc shall defeat, render invalid or ilnpair the lien ofany Mortgagetaken in good faith aDd for value aJld perfecled by recording prjor to the time ofrecordingofan instrument giving notice ofsuch violalion or breach, or the title or interest ofdleholder thereofo. the litle acquired by any purchaser upon loreclosure of any suchMoltgage. Any such purchaser shall, however, tako subjcct lo this DeclarationViolations or breachcs which occur prior to such foreclosuie shatl not be deemedbreaches or violalions hereofwith respect to such purchaser, his heirs, pcrsonalrepresentativcs, successors or assigns,

S€ctio

5. Limited Liabilitv. Neilher Declarants, lhe Association, tho Board ofDirectors ofthe Association, the DesiSn Connnittee nor any member, agent or ernployeeofany of the same shall be liable to sny party for any aclion or for tuiy failure to act vithrespect to any matter ifthe action taken or failurc to act was in good faith

lgction 6. Sucqcssors and AQliS!!. Tltis Declaration and any Supplemental Declarationshall be binding upon and inure to the benefil ofthe heils, successors, assiSns andpersoral r?resentatives ofthe Association, Declatanls, OwDcrs, Icssees, guesls, invitcesand all other persons or €ntities dcriving rights thcre fJom, whelher voluntary orinvoluntary by opcration oflaw otherwise.

Sectio T. S€veiqb,iUry. Invalidity or unenforceability ofa,1y provision ofthisDeclaration or ofany Supplemental Declaration in whole or in part shall not aflect thevalidity or enfotceability ofany other provision ol valid and enforceable part ofaprovision ofthis Declaration or ofany Supplemottal Declaralion.

Section 8. Caption. 'l'he captions ard headings in this insffumenl are for conveniencc

only ard shall notbe considered in construing and covenanl conlained in this Declaration.

Scctio[ 9, No lvaiver. Failure to enfolce any covenant in this Deo]aration or in anySupplemental Dcclaratjon shall not opcrale as a waiYcr of any such covenant or ofan,other provision. rcstriction, covenant or condition.

Section l0-,N!ticc. Ilxcept as olheru,ise Fovided, any notice permitted or required lo bcdelivered may be donc so eitber pelsonally or by mail. If delivery is made by mail, ilshall be decmed to have becn delivered five (5) days after a copy ofsalne has been

deposjt€d in the United Stalcs Mail, postage prepaid, addressed to lhe person at theaddress given by such person to the Board ofDircctors oftle Association for the purpose

of service ofsuch notice, or to the property ofsuch person which is subject lo this

Declaralion or any Suppletnental Declsmtion ifno address has been given to the Board of

Directors. Such address may be changed fiom lime to time by nolice in wdting io thc

Board of Directors ofthe Associalion.

Section 11. Amendnretrt. Tbc provisions of this Declaration may be amended by the

vote ofthosc holding at least two-thirds (2/l) of the votes oftle Memberc in lhe

Association. Any amendmenl so aulhorized shdlbe acmmplished by recordation ofan

instrufient executed by the Secretary oftle Board.

Section 12. Rieht to Farm Act. Watcr Frcnt Estates Subdivision is subjcct lo thc ]daho

Right lo l.arm Act as lound in ldaho Codq Chapter45, and Sections 22-4501lhrough 22-

4504, which specjfically state: "...It is the intent oftie L€Sislature to r€duce the loss 1t)

the Statc ofits agriculhral Resources by limiLing the circumslances under which

agricultural operations may be deemed 10 be nuisance The Legislature also finds that the

Right to Farm is a nalural right and is recognized as a pemitted use througholl the State

ofidaho- 'Agriculturd Operation' includcs, without limitation, any facility for tbegrowing, raising or production ofagdcultural, honicultural, and Yiticuliurc croPs and

vegetable products ofthe soil, poultry iuld poultry products, liv€stock, field Srains' seeds,

hay, apiary and dairy products, and the producing for cotnmercialpur-posed ofljvestockor agdcultural commodities. No agricultural opemtion or at appurtcnance to jt shall be

or become a nuisance, private or public, by any changcd condiljons in or aboui the

surrounding nonagricultural aclivities afier the samc has been in operation for more thtu'!one (1- year, when lhe openlion was not a nuisanca at the timc lhe operalion began;provided that the provisions ofthis section shall not apply whenever a nuisanca resultsfrom tle improper or negliSent operalion ofany agricultural operatlon or an appurt€nanccto it."

IN WITNESS THEREOF

The undeFiglcd havc exeuuled thrs instrurnentthrs )Q day ol \. qZhLQ/,Jk

in the year 2008. I

t l t A. sMrIHNolrry Publ lc

Slolo ot ldoho)))

State ofldaho

Counly of

On this day of , 2008, before me, the

und.rlgni-d, u Not"ry Prttii ;n ,na io, lla stute, personally appeared Jerry Parker'.andCvndee-Parker. l:nown lo me 1o be lie persons whos€ rlamcs are subscribed to th€ wjihin

instnment and acknowledged to mc lhat they executed tbe same

lN WITNESS THEREOF, I have hereunto s€t my hand and affixed my official seal the

day and year in this certificate abover,r'ritten.

Notary Public,Residing At:My Commlsslon