20260221PC EXHIBIT D.pdf

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DISTRICTil APPROVAL
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FINAL PLAT SHO TYING
SOUTHSHORE SUBDIVISION NO. 2
PART OF GOY. LOT 6 IN THE S 112 OF
OWNERS CERTIFICATE SECTION 2, T. 2 N., R. 3 W,B'.M
KNOW AU PEN BY THESE A%SENT• CANYON COUNTY, IDAHO
AS TBEMLOW AND//I S HS 94TTT170N TO Na"SVD THE REQ➢#A�*£Tr'W 200
INS SUBD/V1S10N PLAT TH£OWNER ALSO HEREBY CERRR£S Par TNLS
PIAr CO/APUE;W IH 104HO CODE 50-1334(2).
A PART COVNERMrNr L07 6 LOC4TM#V rHf SOUTH 112 OF sECTON 2
7UWNSKP 2 NORTH 11A S WEST OF rW SOISE M AARM CANraN
LYTtFNh: ILL4FN0 Df5CR8£D AS•
C,lA,449,C/NO AT SOUTMYEST CORNER OF SECTION Z TOWNSHP 2 NORM
RAACE 3 WEST OF THEHD/S£MER At CANYON COUtl7Y. lWHO AND
FUUMNG INENCE S89'5750 i:'132f.98 fZFr ALCkVC JH£SOUTH LMT OF
SA'D 5£CTTON To THE SOUTHWEST CUA4N£R or CO'/ERAW-IN7 LOT 6 OF
SmD sEC71OM,'THENCE ACtT1526'W 40.00 FPET r0 THE PORJr OF
8FC/NNING,' 1NENC£N00'1523 9f9.50 FEET TO POW on ME
C£NTE.RUAC OF OEER FLAT MON LINE CA—(SUO POINT aMVO ALSO A
PLVNI ON A CURVE).' rH£NCE ALOM10 SAID CENIERUNf THE FOLLOWTINC
mw--(2)COURSES:(1) THENCE SOO7H£ASTERLY 160.43 FEET ALDVG S4+D
CURVE To THE RIGHT(CURVE DATA:RADILIS=297.50: DELTA=3OSJ 47;
CHORD A£ARN$ANO MTANCC S60'19: E 158.49 f£FT);(2)THENCE
S44'S240-r 112.90 fE£T 70 A P'"NNr OF CURVE. (S) TH£Fnx
SOUTHEASTERLY 197.71 FEET ALONG 541D CURVE TO TFi£LEFT(CURVE'
DATA.'PILAUS=533.71. DEL)A-21'tJW, CHORD
E S66'OB 09,£.46299
OtSTANC£=55579?5,'196.58 FEET);()
F££T.'(5)7N£NC£EASTERLY 115.74 FEET ALONG SA70 CURVE TO THE
LEFT(CURVE DATA:R vs=209.00:DELTA=S2"0v'70: CHORD 8£AROX
AND DISTANCE=58206'141E 17525 frfr)1(6) THENCE N81'S:41Y Y l
286.03 FEET 10 A POMPVT OFCURVE(7)THENCE EA57£RLY 147.1E FFE7'
ALONG SLID CURVE 70 THE.RIGHT(CURVE LNrA-RaOFlIS-775B6: t4O1 G�T1
DELTA=26'4255; CNORRD B£AR#,,G AND DSUACE=S84'44521E 143.95 SIii jY{
f££7);(8) THENCE s717324I 364.63 Ff£7 TO A ,Vr OF CLnPY •(9) j' AL
1H£NC£SCAITHEASiFRLY 95.35 fn7 ALONG SANO CUR✓£TO TINE R/CFIr
(CURVE DATA'R4Drt1S-29O.00; O£LTA=18'SD'1 t CHORD DEARMC AND -
LTTSTANCE S6158't31�'14.93 FEET),-THENCE SOO'12'47-W.102-34 FFET.'
THEFL£N89'57'12'W f86.34, 7HOWE N8968'001V 102355 FEET,' THFNC£ -
NOO'05108£282.96 FFE7 TN NC£N89'69'19*W 259.63 FrIT:•TTWl
5DO'05081V 282.86 FUT;THENCE N8938001Y 31.96 FEET TO THE
POINT Of 8£G.'NNTNG
PARCEL CONTAINS 20.27 ACRES,
THE£.4S£ANEN7S AND PRVATF RD4D.S SHOWN ON rHJS PLAT ARE NOT
Cvr=4C D ro rHf ptl&IC.,SUr THE ROR"70 USE 541D FAS'£MEN7F IS
HEREBY RES£Ri FD FOR PUSLIC UT MES AND FOR ANY OTHER USES AS '
DES✓MIFD 1NE fOk AND No PFRAMNENT STRUCTURES ARE TO f£
f,,,,ED WIN THE LINES OF S419 EASEMENTS ALL LOTS WFTHTN 7MS
SUSOMSYSTEMSOWNED D ATNL'D 8Y THE SDUSNOR£R HOMEOWNERS
ASSOC44 TON
/N WITNESS WHEREOF WE HAVE N£REUNTO SET OUR!AD PAS
DAY Of
£D H£NDE?SHOT
LAAO
W'`ab AST
ACKNOWLEDGMENT 0
SJA1F OF ID4HO) OF
SS VyN B,Fl�
COUNTY OF ADA)
4 / A NOTARY PUBUO DO HE'RE6Y CER)7"7HAT
ON TN1S_DAY OF .2009, PERSONALLY AP➢EARED BEFORE
ME£D HENOfRShvr. N7iD 8E7fM.RY Air FIRST DULY s*om..Pirt-EO
THAT HE IS THE OWNER OF THE REAL PROPERTY, TENT HE 57 ?T!£ p h
THATMr, THE
T llr T AS THE OW&N OF THE RfAl AMMOM 7HER£NN CONTAINED ARE TRUE.t'RPPER7YM AND
ND
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' FINAL PLOT
NOTARY PUWC.• RR OF
An cDALAaSsroN£x, Es aAr LAB a SuA�s�+a s©(rrxsxoR& srra. No. z
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1 5 0 2 4 FINAL PLAT SHOVING
PART OF CO V. LOT & IN THsourHSHORE SUBDIVISION NO. 2
E S 1/2 OF
,SECTION 2, T. 2 N., R. 3 W..,B.M.
CANYON COUNTY, IDAHO
RECORDED 2009
MR 30 Rm 1108
NAMPA HIGHWAY W!_l. AM,, Y. HURST,
DISTRICT,¢rl APPROVAL CANY{? y REGO DE
nwMaa NA.HWAY DTSNrcr AV. T OOES NEAEeYAc txr mis CANAYON COUNTY RECORDERS CERTIFtCA TE
ACClb4pINCE WITH 7HE PROMb'IO^TS LC. 50-73t?.PRIMI_. _..,
=rm x rTas Fur,,,.Y D ARIIAA r RY OR UNDER THE PLANNING & ZONING APPROVAL
.RIR15p xw t)F ITTE tvMYAY OFPART A% r sm TS ND LEGAL.
AS PMC DR MS IN
PorVW T PRn arr srREETs zit BE AccrnrED
AS PUBLtC STREETS JN niE FUIURE. J}rE Ft co m PUT WAS ACCEPTED AND APPROVED 7Td1 wr
NNo co PIANVAY B
zDMMssravi of c NrnN cowry nallo AN 7H ME _
lag
NAMPA m5rtmAr O1S-r
GiNYSN/COUNTY FiANNtNC 8'Z"vc
NOT OFFICIAL
COUNTY SURVEYOR APPROVAL SEE©flIGINAL IN R 1»CORIJR''6
OFACE
G ME 7JND£RSIANED PROFESSAOTlAt tAND Sf/Ri'ET't)RR fOA GRNYAN COUNTY, ...
mw
COMPUFS W>7! sC£R�iEYOF�r CODE RED ro u r rr .
� ?TLE 50. CHAPTER t3.
PIS N;6d c.ANYON courrrY su.Rs�m
BOARD OF COUNTY
COMMISSIONERS APPROVAL
�zmrA&CAW inry A� Nrn 1E SURVEYORS CERTIFICATE
COUNTY��ON A �'LNY OF 1,✓€REM4D1 694W or & r7fLfh:MCk OD.TC EOySrA CERnFY THAT T AM A
/ �Da nflS T P SjiDRE 5U8fJN15KhJ NO.2�WAS DULY PAOFESSXX3�1 UNO SUS m rt SWY OF IWAS' AM OM TN15
ptAr AS DESCRmfO m THE ONWERS CFRT/F7CArE WAS DRAWN f.RDM
COUNTY TREASURERS CER T1F/CA TE �„�O —/'� &'C= 'n C AM'A ' " °1 "E S RA UN7 MY
' SUPENt%SMN AND ACCURAJEZY REFAESEN7S 71#'PO'N75 PUTTED
C N HEREON AND 15 TN CONfA rr WITH ME STATE OF/aWO COOS
TO PU rS ANO SYRWY 5. Lkv
l ME!lNOERSIGA.ED.COA/N7Y IRESURER m AND FOA AM COUN7Y,r AllrY �6( +f�%7' G.Ss/C- �y6�5t g+�
PEN lT1E/L/'W.dRE1tE'N75 OF 1.C. SO-TJDB,DO HEREBY CEATrf1'THAT ANY �g f• /y
AND ALL Cyr ANDfAR DElfNOUE+'r COUNTY PAe7?`Jtrr TAXES FOR nrE
PROPERLY TNctuDED m 1}TTS suannxsrDN HAVE BEEN PRJD m rr11. 7T25
CERnFICADaV/S WVDD�FAR THE/TEXT M07Y(V)WYS ONLY. �OUtll1T Amfl w B.FEWhAwc P.. . 44HO LCZNSE NO. 1222
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Lane Sll—yMg,N+G SOUMSHORE SUB. NO. 2
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RECORDING REQUESTED BY ` M 1fi7 co
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AND WHEN RECORDED RETURN TO: 4 h3 a cv
SOUTHSHORE 2 HOMEOWNERS ASSOCIATION, INC. m Wt.�
P.O. Box 2654 ;�, F.r► coEagle, Idaho 83616
AMENDMENT# 3 TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF SOUTHSHORE 2 HOMEOWNERS ASSOCIATON, INC.
THIS AMENDMENT IS EXECUTED PURSUANT TO ARTICLE 17,Section 2.2 of the Declaration of Covenants, Conditions and
Restrictions of SOUTHSHORE 2 HOMEOWNERS ASSOCIATION, INC. recorded on June 13t',2012 as Instrument No.
2012024277 in the Records of the Canyon County Recorder, Caldwell, Idaho, hereinafter"SOUTHSHORE 2 CC&R's".
ARTICLE 10,Section D of the SouthShore 2 CC&R's provides that this Declaration may be amended by an instrument signed
by not less than two-thirds of the total voting power in the association.
This Amendment amends the following to the SouthShore 2 CC&R's:
ARTICLE IV
ARTICLE l: Property Use Restrictions
A. Animals: Not more than a total of three(3) dogs, cats or other household pets may be kept,provided that
they are not kept, bred or maintained for any commercial purpose, incidental sales of such animals accepted.
.Livestock shall be limited to any combination of Two (2) large animal (horse or cow) per acre or not more than
four(d) llamas, goats or sheep per acre may be kept. No other animals, including but not limited to swine, goats,
or birds of any species, may be kept without the prior written permission of all Lot Owners in the Subdivision.
Any animals outside a dwelling unit or fenced area must be on leashes or otherwise under physical
control of either the Lot Owner or someone authorized by the Lot Owner. All animals shall be fed and cared for.
Fenced areas shall be constructed of materials adequate to keep the animal(s)from annoying or trespassing on
the use of the property of others. All areas in which animals are kept, Including barns, corrals and kennels, shall
be maintained in a nuisance free manner. Dog runs must be not more than six (6) feet high, not located in the
front yard, not closer than twenty(20)feet to the side or back property lines and shall be screened from view.
Except as amended herein,the Declaration remains in full force and effect with no other change or modification.
DECLARANT: Windsor Creek Neighborhood Homeowners Association INC. �.--
By: Don Hubble,President B . Clay Burnham, Secretary
STATE OF IDAHO, COUNTY OF ADA
Before me, the undersigned, a Notary Public in and f ersonally appeared Don Hubble and Clay Burnham
known to me to be the President and Secretary of Neighborhood Association Board of Directors, and
the persons whose names are subscribed to the f gojtjtru d acknowledged to me that they executed same
on behalf of said corporation given under my han nd.-Se�a10 day of 7S 20A
.., Notary Public for State of Idaho
p p Residing in Eagle
P it) Commission Expires: 1 b--a 1-ao15

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RECORDING REQUESTED BY o
7aND WHEN RECORDED RETURN TO:
SOUTHSHORE 2 HOMEOWNERS ASSOCIATION, INC. c
P.Q. Box 2654
Eagle, Idaho 83616 S
AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF SOUTHSHORE 2 HOMEOWNERS ASSOCIATON, INC.
n
THIS AMENDMENT IS EXECUTED PURSUANT TO ARTICLE 17,Section 2.2 of the Declaration of Covenants,Conditions and
Restrictions of SOUTHSHORE 2 HOMEOWNERS ASSOCIATION, INC. recorded on June 13t',2012 as Instrument No.
2012024277 in the Records of the Canyon County Recorder,Caldwell, Idaho,hereinafter"SOUTHSHORE 2 CC&RV'.
ARTICLE 10,Section D of the SouthShore 2 CC&R's provides that this Declaration maybe amended by an instrument signed
by not less than two-thirds of the total voting power in the association.
This Amendment adds the following to the SouthShore 2 CC&R's:
IRRIGATION WATER
1.1 Irrigation System. Each Building Lot shall have access to a pressured irrigation water system("Irrigation
System") and irrigation water, when seasonally available,will be supplied through the irrigation System. It is
contemplated that Grantor shall construct the irrigation System, and the irrigation System shall be owned, maintained and
operated by the SouthShore 2 Homeowners Association with all operation and maintenance costs paid by Owners
through assessments paid to the Homeowners Association, Each Building Lot Owner shall pay for the cost of
maintenance and operation of the Irrigation System, and all operation and maintenance costs of the Irrigation System may
be paid to the District by the Association through Assessments paid to the Association by the Owners. Use of the
Irrigation System shall be subject to such rules and regulations of the District governing use of the Irrigation System,
1.2 Non-P2ttable Water. The non-potable Irrigation System contains inherent dangers. Use of the Irrigation
System shall be subject to such rules, regulations, laws and ordinances as may be adopted and amended from time to
time, of the local jurisdiction, the District, State of Idaho,and federal government, if any, and the Association, governing
the use of the Irrigation System including, without limitation, all requirements of the"Idaho Rules for Public Drinking Water
Systems." Each Owner shall clearly mark every non-potable water tap on such Owner's Building Lot with a warning label
or sticker, and shall maintain such label or sticker. No Owner, or any other person claiming right under any Owner,shall
cause or allow to be caused, any connection between the Domestic Water System and the Irrigation System. Cross-
connections of any type or kind whatsoever between the non-potable Irrigation System and potable water lines are strictly
prohibited.
1.3 Water Unreliable. The area of the country where SouthShore 2 is located is desert. Irrigation water is
not always reliable and such water is not unlimited. Irrigation water may not be available due to,without limitation,
drought, harsh weather conditions, government actions, system breakdowns, transmission failures, overuse by Building
Lot Owners or any other causes. Each Owner assumes the risk of any water shortage and, in the event that there is a
water shortage, each Owner must be prepared to use such Owner's domestic water supply. No Building Lot shall have
any right to an extended water season, and Grantor, District or the Association shall have no obligation to provide water
over an extended season or supplemental water. All costs of extended season or supplemental water, if any, shall be
included at the cost of operation of the Irrigation System and shall be assessed to the Building Lots.
1.4 Rotation. No Building Lot in any phase of SouthShore 2 shall have any right to, or assurance of, a
continuous or unlimited supply of irrigation water from the Irrigation System, Nor Is any Building Lot guaranteed enough
water from the Irrigation System to irrigate all of the landscaping on the Building Lot. Each Building Lot shall be subject
to, and each Building Lot Owner by accepting a deed to a Building Lot in SouthShore 2 agrees to be bound by and to
comply with, any rules or regulations which may be established for the use and rotation of irrigation water between the
Building Lots by the District, Grantor or Association.

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,
~ ' a 1.5 No Liability. Neither the Association nor Grantor(or any members, employees, agents, officers or
'directors thnnanf) shaUhoveanyUabi|ityofonyWndhmanyOwner. Oocupant. Associahonoronycdhemforony |oasesor
damages relating ln any respect to the Irrigation Symhanl or irrigation water, ur the lack thereof, including but not limited ho
damages to. or loss of lawns, |andsooping, traaa, ahrubs, gardens o,the like caused by the lack of, or shortage of, /
irrigation water. Each Owner accepts the risk of loss or damage due to the unavailability, shortage or lack of irrigation
xvat8[
1'6 WARNING! IRRIGATION WATER IS NOT DRINKABLE,
Notice is hereby given to each Owner in SouthShore 2 that the water in the Irrigation System is NOT fit for human .
consumption. It contains untreated ditch or pond water, which may contain dirt, hazardous wastes or farm chemicals or
disease-causing organisms. Drinking of the irrigation water may make a person sick, and could result in death or
permanentdi--disability,
�
NEVER DRINK WATER FROM THE PRESSURIZED IRRIGATION SYSTEM
. |tis the duty of each Owner to: (a) educate al(family members, guests, tenants and invitees that the water from '
the Irrigation System is not drinkable; (b)ensure that ALL of the faucets and risers in the Irrigation System are adequately
marked, and it not marked to check with the local health department to determine what type nf markings are required by
that health department or agency: (c) not remove any existing tags or other warning markers from the irrigation risers; and
(d) not install, or maintain the installation of, any cross connections between the Irrigation System and the drinking vvahs,
system unless the cross connection has been approved in writing by the Association AND the supplier of the irrigation
water AND the supplier of the drinking water AND the cross connection back flow prevention device meets all relevant
govennmenta/and building code oequinmnnenho.
1'7 No Liability for—Quality or Quantity of Water. Neither the Association nor Grantor(or`. gn�phayees, agents, officers,shareholders ordina�omthoneo�sheU have any |iohU ~
liability ' members,Owner, Occupant,
AusuciaUon. and/or any others for any losses, damages, or bodily in/ he �bngim any respect toth ` --
quo
quality of the irrigation water, or the ingestion of, or contact with, the irrigation water. Each Owner, Occupant and
Association accepts the risk of using the irrigation waterondwaivenondmeleoseyanyandaUdeimsnsladngthe� .
'
Except aG amended herein,the Declaration remains in full force and effect with no other change nrmodification,
IRA T: Windsor Creek Neighborhood Homeowners Association INC.
By: Don Hubble, President By: Clay Burnham,Secretary
STATE QF|OAHO. COUNTY OFADA
Before mme, the undersigned, a Notary Public in and for said Dbata, personally appeared Dun Hubble and Clay Burnham
known to me to be the President and Secretary of the Windsor Creek Neighborhood Association 8nond of Directors, and
� the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed same
� on behalf of said corporation given under my hand and seal of office,this e4tt day of . 20Q.
J Notary Public for State of Idaho
Residing in Eanle
Commission Expires:OF 11)
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO: � x
SOUTHSHORE 2 HOMEOWNERS ASSOCIATION, INC. � ui
P.O.Box 2654
Eagle,Idaho 83616
AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS !
OF SOUTHSHORE 2 HOMEOiiAt'ENRS ASSOCIATION, INC
THIS AMENDMENT IS EXECUTED PURSUANT TO ARTICLE 10,Section D Of the Declaration of Covenants,Conditions and
Restrictions of SOUTHSHORE 2 HOMEOWENRS ASSOCIATION,INC. recorded on June 13th,2012 as Instrument No.
2012024277 in the Records of the Canyon County Recorder,Caldwell,Idaho,hereinafter"Southshore 2 CCR's"
ARTICLE 10,Section D of the ScuthShore 2 CCR provides that this Declaration maybe amended by an instrument signed by
not less than two-thirds of the total voting power in the association.
This Amendment modes the SouthShore 2 CC
0. i tart Non-potable irrigation water is provided to the 1,*ts pursuant to the !
Southshore Subdivision No. 2 Waiter Users Agreement that is contained in a recorded
document separate from this Declaration. All Lots are subject to and a member of that
Aswilation. Sw face irrigation water is provided by Weiser Irrigation District. irrigation
water is not goarazteed either as to volume or availability.Lots may be irripted 0*daring
the hvigation senon which starts no earlier than April 15 and runs no later than October 15,
all subject to availability of water from the irrkation difftrict Owners,shall not to fir !
lots from the domestic water supply.
AMENDNIM: Surface irrigation water is provided by Weider irrigation District
Except as amended herein,the Declaration mains in full force and effect with no other change or modification. 1
DECR Nubble Homes LLC•
ey: Don bubble,President By: Clay Bi mham,Secretary
STATE OF IDAHO, COUNTY OF ADA
Before me, the undersigned, a Notary Public in and for said State, personally appeared Don Hubble and Clay Burnham
known to me to be the President and Secretary of the Windsor Creek Neighborhood Association Board of Directors, and
the persons whose names are subscribed to the foregoing instrument and anowledged to me that they executed same
an behalf of said corporation given under my hand ands of day of
-
�° i Notary Public for State of Idaho J
Residing in Eagle
01
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Commission Expires:Lo-ol-;to
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DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTION'S
OF
SOUTIISHORE SUBDIVISION NO.2
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
(Declaration or CCRs), executed on the date following the last signatory hereto, is made by
Hubble Homes LLC hereinafter Declarant,and is based on the following facts:
RECITALS
A. Declarant is the owner of certain real property in Canyon County, Idaho, which is
more particularly described in Exhibit I hereto ("Southshore Subdivision No. 2" or
"Property" or"Subdivision").
B. Declarant desires to assure the attractiveness of the individual lots and community
Area within the Subdivision; to prevent future impairments thereof; to prevent
nuisances; to preserve, protect and enhance the values and amenities of the
Subdivision; and to provide for the maintenance of the roadways, irrigation system
and other community capital improvements.
NOW THEREFORE, (Declarant hereby declares that all of the properties above
described shall be held, sold and conveyed upon and subject to the easements, conditions,
covenants,restrictions and reservations hereinafter set forth,each of which shall run with the
properties and shall be binding on all parties now or hereafter having any right, title or i
interest therein or to any part thereof, and shall inure to the benefit of each owner thereof.
Declarant reserves the right to amend this Declaration at any time to set forth any additional
or modifications to the easements, conditions, covenants, restrictions and reservations
applicable to the lots in the Subdivision. Any amendments to this Declaration shall affect only
those lots not sold at the time of such amendment. .{
r
ARTICLE I
Definitions
A. "Architectural Committee" means the Committee charged with approval of any e
construction,erection,alteration or repair of any improvements on any Lot in the Subdivision
as hereinafter provided.
B. "Association" means Southshore Subdivision No. 2 Homeowners' Association, anon-
profit corporation organized under the laws of the State of Idaho, or any successor or assign
of the Association.
»+C D
C. "Board of Directors"means the Board of Directors oft a A Watkon. c)
D. "Builder" shall be the person, whether or not an ew>w o sWIl a for and r'
construct any structure on a Lot s r,: W <'
rn rn
X=y r0
ro
DECLARATION OF RESTRICTIVE COVENANTS >Jcp t
OF SOUTHSHORE SUBDIVISION NO.2,Page 1 --�

E. "Common Facilities" means all real property, including easements or other interests
less than fee title, as well as the improvements thereon, owned, operated or managed by the
Association for the common use and enjoyment of the Owners, and may include but are not
limited to the private road, landscape areas, the pressurized irrigation system and'the
domestic water system.
F. "Domestic Water System" means the community domestic water system developed to
provide potable to the residential Lots in the Subdivision.
The conditions and requirements pertaining to the Domestic Water System are more
fully described in Article VII. Subject to those provisions and unless otherwise shown on the
plat, all Lots are provided domestic water from the community water system developed and
owned by Declarant or its successor. Water will be available to the Lot by distribution lines
running along easements as designated on the plat with individual service connections. Either
the Declarant or its successor shall own,operate and maintain the community domestic water
system and shall establish fees for the cost of connection to and operation, maintenance and
repair of the system as well as a reserve for capital replacement and improvements that shall
be paid by the Lot Owner.
This system is subject to the jurisdiction of the Idaho.]Department of Water Resources,
the Idaho Department of Environmental Quality and the Southwest Health District. It shall
be owned and operated as required by these agencies pursuant to their respective statutory
authorizations and regulations as amended from time to time. It is also the subject of this
Declaration and other documents as referenced herein and elsewhere.
C. "Dwelling Unit" means that portion or part of any structure intended to be occupied
by one family as a dwelling unit, together with the vehicular parking garage next thereto,and
all projections therefrom.
H. "Household"means all persons residing in a Dwelling Unit.
L "Irrigation System" means the pressurized irrigation system., which provides aon.-
potable irrigation water for the Lots and which is subject to the Southshore Subdivision No.2
Water Users Agreement (Water Users Agreement) and this Declaration. It shall be owned
and operated by the Declarant until transferred to the Association which shall manage it in
accordance with the Water Users Agreement.
J. "Lease" means any agreement for the leasing or rental of a dwelling unit,including a
month-to-month rental agreement. All such leases shall be in writing.
K "Lot"means all lots with and shown upon the Plat.
L. "Owner" means the owner of record,whether one or more persons or entities,of a fee
simple title to any lot, but excluding those having an interest merely as security for the
performance of an obligation.
i
DECLARATION OF RFSMCTWE COVENANTS
OF SOU MSFIORE SUBDNISION NO.7,Page 2
I

n "Plat" means the official recorded plat of the Subdivision or any amendments or
additions thereto.
N. "Private Road" means the private road serving Lots in the Subdivision and which is
subject to this Declaration. It shall be owned and operated by the Declarant until transferred
to the Association which shall manage it in accordance with the provisions herein.
0. "Property" means the real property constituting Southshore Subdivision No. 2,
described above and according to the Plat,and any additions thereto, as may be made subject
to this Declaration or otherwise brought within the jurisdiction of the Association.
P. "Project"means the Property and all contemplated improvements thereto.
Q. "Single Family" means any one or more individuals, doing their own cooking and
living on the premises as a separate housekeeping unit in a domestic relationship as
distinguished from a group occupying a boarding house, lodging house, club, fraternity or
hotel.
R. "Subdivision Manager"means any one or more individuals or companies employed by
the Declarant or the Association to manage the Common Facilities of the Subdivision.
S. "Water System Manager" means that individual or company that manages the
Domestic Water System as referenced herein.
ARTICLE 11
Genera)Restrictions
A. Compliance with AV12licable Laws: All development within the Subdivision shall
comply with all relevant State and County ordinances,regulations and laws.
B. Covenant: The Declarant hereby covenants for all of said property. Each Owner,
whether by ratification of this Declaration or by acceptance of a deed or contract of purchase,
whether or not these CCRs are expressly set forth in any such deed or other conveyance or
agreement for conveyance is deemed to covenant and agrees to comply with and abide by
these CCRs as well as any of the other Agreements referenced herein and agrees for the
Owner or Owners, the Owner(s)' heirs, administrators, delegees or assigns to be personally
bound by each of these CCRs, Agreements, reservations and servitudes, and as may be
amended from time to time,jointly,separately and severally.
C. Enforcement of Restrictions: The Declarant,Architectural Committee,Association or
any Owner shall have the right to enforce, whether at law or in equity, all restrictions,
conditions, covenants, reservations, liens, and charges now or hereafter imposed by the
provisions of this Declaration, any other Agreement or the Articles, Bylaws or Rules of the
Association. Not less than ten (10) days prior to bringing an action of enforcement, the
offending party shall be served with written notice setting forth with specificity the covenant,
restriction, condition, reservation, lien or charge that the person is charged with failing to
comply with. Failure to enforce any the foregoing shall in no event be deemed a waiver of the
DECLARATION OF RESTRICIM COVENANTS
OF SOUTHSHORE SUBDIVISION NO.Z Pap 3

right to do so thereafter. These CCRs and any other Agreements or the Articles, Bylaws or
rules of the Association are cumulative and all remedies provided herein for breach are in
addition to any rights and remedies provided by local or state laws and not in lieu thereof.
D. Further Develoement: No Lot way be resubdivided.
E. Judgment and Attorneys' Fees: Whether an action is prosecuted to judgment, the
prevailing party shall be entitled to reasonable attorneys' fees and costs. In the event of
judgment against any person, the court may award injunction against any person for
violation of this Declaration, required compliance as the court deems necessary, award such
damages, reasonable attorneys' fees, costs and expenses as well as such other or further relief
as may be deemed just and equitable. The prevailing party is defined as the person to whom
money is paid or to whom an obligation to act is due.
F. Mortgages or Deeds of Trust Not Invalidated: The breach of any of these covenants,
conditions, restrictions or any repurchase by reason of such breach,shall not defeat or render
invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or
lots or portions of lots in. such premises, but shall be binding upon and effective against any
such mortgagee or trustee or Owner thereof, whose title is or was acquired by foreclosure,
trustee's sale,or otherwise.
G. 'Annexation: All Lot Owners agree and acknowledge, as part of the purchase of any
Lot, that the Subdivision shall be annexed at some future date. All Lot Owners agree that
they will cooperate with any city that commences annexation proceedings to bring the
Subdivision or any Lot contained therein into the city limits.
ARTICLE III
Construction Restrictions
A. Antennae: No antennae, satellite receivers or radio aerials shall be installed on the
Property. Provided however,any such item may be installed so long as it is contained wholly
within the residence or garage. And further provided,that the Architectural Committee may
approve a single satellite receiver"dish" be installed on the residence or garage or elsewhere
on the Lot so long as the"dish" does not exceed eighteen (18)inches in diameter and three(3)
feet in height and the location is approved by the Architectural Committee.
B. Building Type Restrictions: No buildings shall be constructed on any Lot other than
one(1) single-family dwelling and attached garage as well as approved outbuildings or other '
approved structures. No split-level dwellings,or homes manufactured or built elsewhere shall
be permitted. All buildings shall be of brick,frame,stone or stucco construction.
C. Colors: Exterior colors of earth tones or light blues or grays are encouraged. Bright
or bold colors or very dark colors shall be discouraged. The builder shall submit samples for
a particular structure to the Architectural Committee for approval prior to application of
exterior color finishes. No change in the exterior color shall be made without prior written
approval of the Architectural Committee.
DECLARATION OF RFSTFJCrM COVENANTS
OF SOUMSHORE SUBDIVISION NO.2,Page 4

D. Commencement and Completion of Construction: Construction of any dwelling unit
shall be commenced not later than eight (8) months after the original purchase of a Lot.
Construction shall be diligently pursued after commencement and shall be completed,
including all exterior finishes, not later than eight(8) months aftir commencing construction.
From the date of purchase, through the completion of landscaping, all Lots shall be kept free
of rubbish and garbage, reasonably clean and weed free. Construction of any other
outbuildings must be commenced within three(3) months after approval of the Architectural
Committee. Construction shall be diligently pursued after commencement and shall be
completed, including all exterior finishes, not later than two (2) months after commencing
construction.
E. Construction Equ
ipment and Material Storage: No machinery, building equipment,
or material shall be stored on site until the Builder is ready and able to immediately
commence construction. Such building materials must be kept within the property fine of the
Lot on which the dwelling unit or structure is to be constructed.
F. Damage to Improvements: It is the responsibility of the Builder of any structure in the
Subdivision to leave streets, curbs, sidewalks, fences,. tiled irrigation lines or other
improvements, if any, as well as any Common Facilities, free of damage and in good and
sound condition at the conclusion of the construction period. It Shan be conclusively
presumed that all such improvements are in good sound condition at the time construction
commences on each Lot. The builder is responsible for notification to the contrary,in writing,
to the Architectural Committee at the time construction commences.'
G. Drainap_e Easements and Lots- In addition to any easements shown on the Plat, there
are also storm water retention easements or swales along either side of the private road
system. These retention areas are for the purpose of retaining all on-site drainage from the
roadways. The retention swales are to be maintained by the respective Lot Owners in a clean
and weed free manner. Nothing shall be done to or placed within these easements that shall
interfere with the storm drainage. There shall be no alteration of the slope or level of ground
or any plants planted within the swales without prior written approval of the Architectural
Committee or Subdivision Manager.
H. Driveways: Driveways:All Builders shall provide the respective Lots as provided
herein. All driveways shall be from the garage entry to the private road.Driveways for all
Lots shall be of sufficient size for off-street parking for three(3)standard size automobiles
and wide enough for at least two vehicles parked side-by-side from the garage apron
entirely to the public road. Concrete or asphalt paved driveways are preferred but not
required.Any driveway constructed on any of the Lots shall have a pipe or conduit or
culvert(hereinafter collectively pipes) thereunder at least twelve(12)inches in diameter,
near the street line of the Lot and at any point where the driveway crosses any ditch or pipe
or drainage area so as to permit the movement of irrigation waters.or for drainage.The
pipes may be made of tile or concrete. Any other materials,such as iron or steel, or any
other substance of permanent nature may be approved by the Architectural Committee
prior to installation. All pipe installations made within a dedicated right-of-way shall be
made only after plans have been submitted to and approved by the appropriate highway
district or city authority having jurisdiction over the roadways.
DECLARATION OF RESTRICTIVE COVENAMS
OF SOUTHSHORE SUBDIVISION NO.Z Page 5

I. Easements: In addition to the easements shown on the Plat and the Private Road
Easement on each Lot,
t,an additional cross-easement of ten (10) feet in width on either side of
all property lines is reserved to each and for the benefit of the adjacent Lot Owners for the
purpose of maintenance of fences and landscaping. Provided however, an adjacent Lot
Owner using such easement for such access shall not damage the neighboring Lot or if
damage occurs, shall immediately repair any such damage and restore the Lot to the
condition prior to such damage.
No structure,planting,or other material shall be placed or permitted to remain within
any easement which may damage or interfere with the installation or maintenance of the
utilities, irrigation or drainage, or which may change the direction of the flow of water
through drainage channels in the easements. The easement area of each Lot, and all
improvements in the Lot, shall be maintained continuously by the Owner of the Lot, except
for those improvements for which a public entity or authority is responsible.
J. Exterior Finish: At least ten percent (10%) of the ground level surface area of the
front side of each dwelling shall be covered by stucco, brick or stone with a one(1)foot wrap
around the front corners. Different architectural elements may be approved by the
Architectural Committee so long as the design is consistent with other residences in the
Subdivision. A chimney chase enhancer and chimney cap or similar devices shall screen each
chimney pipe. In all cases, the builder shall submit samples for a particular'structure to the
Architectural Committee for approval prior to application of any exterior finishes. The
structures to which this section applies include the dwelling, garage, outbuildings fences,
walls,patios or other structures to be constructed or installed on the Lot.
K. Fences and Other Boundaries: No fence may be greater than six (6) feet in height.
Fencing around the dwelling unit and yard shall be of pole, vinyl or post and rail, including
corrals. All fencing shall he designed to be harmonious with surrounding properties. Fences
and walls, including their materials and location shall be approved by the Architectural
Committee prior to any construction. Fences,hedges,high plantings,obstructions or barriers
shall be so situated as not to unreasonably interfere with the enjoyment and use of
neighboring Lots and streets or constitute an undesirable nuisance or noxious use. Any fence
other than vinyl shall be maintained annually, including painting or staining as appropriate.
The determination of the Architectural Committee is binding on all parties.
L. Floor Area Minimums: Floor area shall be exclusive of eaves, steps, porches,
entrances,patios and garages. The floor area of a one-story house shall have not less than one
thousand four hundred (1,400) square feet on the ground floor. Two-story houses shall have
not less than one thousand six hundred (1,200) square feet on the ground floor and not less
than four hundred (400) square feet on the second floor. In no event shall a second story be
out of proportion with the ground floor. The Architectural Committee shall have the
discretion to determine proportionality.
M. Garages,: Each dwelling shall include a minimum two (2) car, enclosed garage that is
an integral part of the unit structure. Provided, however, given site constraints and design
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 6

considerations,the Architectural Committee may approve a detached garage if appropriate in
the sole discretion of the Architectural Committee. All garages shall contain at least the
minimum floor area relevant to the height of the dwelling. Side, rear or set-back entrances
are encouraged.
N. Height Restrictions: No dwelling or barn shall be in excess of either two (2) stories or
thirty (30) feet above ground. No other outbuildings, including shops, storage sheds, play
houses and play equipment consisting of walls and roof, shall exceed a height of twenty (20)
feet.
0. irrigation:i Non-potable irrigation water is provided to the Lots pursuant to the
Southshore Subdivision No. 2 Water Users Agreement that is contained in a recorded
document separate from this Declaration. All Lots are subject to and a member of that
Association. Surface irrigation water is provided by Weiser Irrigation District. Irrigation
water is not guaranteed either as to volume or availability. Lots may be irrigated only during
the irrigation season which starts no earlier than April 15 and runs no later than October 15,
an subject to availability of water from the irrigation district Owners shall not irrigate their
lots from the domestic water supply.
No cross-connection shall be made at any time between the pressurized irrigation
system and the domestic water supply system.
Each Owner shall be responsible to maintain all irrigation service ditches or lines and
similar equipment located on said Owner's Lot. Should any damage occur to any portion of
the said Owner's irrigation system, or to the main distribution lines on the Lot where such
damage is the result of actions by the Lot Owners or their invitees, it shall be the
responsibility of the Owner to repair the damage immediately, so as not to deprive any other
water users from the irrigation water.
P. Landscapine: Landscaping of the front yard (that portion of the yard between the
front plane of the house and the private road), must he completed within thirty (30) days of
substantial completion of the home, weather permitting and with approval by the
Architectural Committee. Berms and sculptured planting areas are encouraged. Grass may
be seed or sod in front and side yards and is to include both sides of the driveway. The rear
yard (that portion of the yard from the back plane of the house to either the back Lot line or
to an approved fence setting apart a pasture area for animals) shall be landscaped not later
than one(1)year after occupancy of the residence,weather-permitting.A landscape plan shall
be submitted for approval prior to installation of landscaping and shall include:
1. Front Yard-
a. At least three (3) trees that may be either ornamental trees of two (2)
inch caliper. Dwarf varieties or trees not exceeding twenty (20) feet in height at maturity
shall be planted to avoid obstructing views from neighboring properties. An trees shall be
encircled with a permanent tree ring of at least three(3)feet in diameter.
b. Five(5)five-gallon shrubs.
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.Z Page 7

2. Back Yard:
a. At least one (1) ornamental tree of at least two (2) inch caliper. All
trees shall be encircled with a permanent tree ring of at least three(3)feet in diameter.
b. Four(4)five-gallon shrubs.
3. Side Yard of Corner Lots:
a. Two (2) ornamental trees of at least two (2) inch caliper, with the
same height at maturity restrictions as the front yard. All trees shall be encircled with a
permanent tree ring of at least three(3)feet in diameter.
b. Three(3)five-gallon shrubs.
Lot Owners shall take all reasonable efforts to beep Lots weed-free. In no event shall
weeds be allowed to grow to a height exceeding six (6) inches on any Lot including
undeveloped Lots. Provided, further that no noxious weeds will he allowed to grow until in
bloom. Owners neglecting to control noxious weeds are liable for the cost to eradicate or
control such weeds. The Architectural Committee shall notify the Owner of the
determination to take such action not later than seven (7) days prior to so acting. The
Architectural Committee may take such action as it deems appropriate, including hiring a
professional to spray or remove the weeds. The Owner shall pay all such costs and expenses
not later than thirty(30)days after receiving an invoice for such expenses. Failure to pay the
costs and expenses shall entitle the Architectural Committee to file a lien against the
delinquent Owner. Such lien may be satisfied upon the sale of the Lot or by litigation.
R. Location of Structures on Lots: No structure shall be located or constructed on any
Lot except within the building envelopes shown on the Plat and shall be placed only with the
prior written approval of the Architectural Committee.
S. Outbuil : Barns,shops,loafing sheds or other outbuildings appropriate to a rural
acreage residential atmosphere may be allowed. Provided however,only two (2)outbuildings
per Lot shall be permitted. An additional outbuilding may be allowed with prior written
approval of the Architectural Committee only after consideration of location and
maintenance of all structures on the Lot. All outbuildings shall be.constructed of quality
building materials,completely finished and painted on the outside with exterior and roofing to
match the dwelling They shall be of quality and character that will be in harmony with the
other buildings on the particular Lot. No outbuilding shall be constructed without prior
written approval by the Architectural Committee. All outbuildings shall be well maintained,
including painting or other appropriate maintenance. Any outbuilding or structure shall be
placed in compliance with applicable setback requirements, and only after approval of
locations by the Architectural Committee.
T. Roofs: Roofs shall be of at least "6 in 12" pitch. No gravel or shave roofs shall be
permitted.. Bay windows, broken rooflines, gables, hip roofs, etc. are encouraged to provide
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 8

architectural variety. Shingles shall be, at minimum, twenty-five (25) year architectural or
tile. Color shall be dark or as approved by the Architectural Committee. Roofing samples
shall be submitted to the Architectural Committee for approval prior to application of finish
roofing materials.
U. Setbacks: No improvements may be constructed or maintained on a Lot closer than
the following setbacks. In the event that the ordinances of Canyon County are more
stringent,they shall apply:
a. Twenty-five(25)feet from the private road for a corner lot;
b. Twenty(20)feet from the front property line,
C. Thirty(30)feet from the rear property line,
d. Twenty(20)feet from the side property lines.
e4 No structure used for housing or care of animals, including loafing sheds shall
be constructed closer to any neighboring dwelling than fifty(50)feet.,
All measurements shall be measured at the closest'point of any structure, including
eaves,steps, open porches and bays.
V. Sewage Disposal/Sewer Locations: No sewage disposal system is provided by
Declarant. Each Lot shall be served by an individual sewage disposal system to be designed,
located and constructed at the Lot Owner's sole expense in accordance with the requirements,
standards and recommendations of the Southwest District Health Department and only in the
locations shown on the Plat or the Septic Drainfield Placement drawings available from
Declarant. All bathroom, sink and toilet Area shall be located inside the dwelling unit, or, if
approved by the Architectural Committee and respective jurisdiction, within an accessory
structure or outbuilding and shall be connected by underground pipe directly with the
approved sewage disposal system.
W. Site Maintenance During Construction: All Owners, builders and subcontractors
must operate a clean site during the construction period. Debris shall be placed in an
enclosure that will ensure no debris is blown around the site or off the Lot. The enclosure
shall be emptied not less frequently than every two (2) weeks. No burning or disposal of
construction materials shall be allowed on site. Neither dogs nor loud music will be allowed.
Builders shall have placed and maintained a portable toilet. The toilet must be available on
the first day on which materials are delivered to the site and removed immediately after
construction is completed. It must be adequately maintained during the construction period.
X Solar Access and Area: No building or structure shall be placed on any Lot so as to
obstruct the windows or light of any adjoining Lot Owner. Solar collection equipment may be
allowed by the Architectural Committee, but its location must be approved by the
Architectural Committee prior to construction or installation.
Y. Telephone, Gas and Electric Service: All Lots shall be served by underground
electrical, and telephone lines. All services shall be installed in road or easement right of way
as platted.Each Owner agrees, at Owner's sole expense,to pay for costs and hook-on charges
as established by the respective utility, as a condition precedent to connection thereto.
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 9

Declarant shall not be liable for the cost thereof but may recover funds advanced, if any, to
obtain preliminary installation.
Z. Temmrary-Buildings: No house trailer, tent, shock, unattached garage or temporary
structure shall"be erected or placed on any Lot. No barn,trailer,tent or other structure shall
be used as a dwelling. Except that during the construction period, Declarant and its agents
shall be authorized to utilize any building or structure deemed appropriate by Declarant for
sales and construction offices or Area. And further provided, with Architectural Committee
approval, the Owner(s) and family may reside in a house trailer or mobile home during the
construction period. And further provided, that at the end of eight (8) months, the house
trailer or mobile home must be removed from the property. In the case of a trailer that is also
a recreational vehicle,it may be retained on site, but must immediately cease being used as a
dwelling.
ARTICLE IV
Property Use Restrictions
A. Animals Not more than a total of three (3) dogs, cats or other household pets may
be kept, provided that they are not kept, bred or maintained for any commercial purpose,
incidental sales of such animals accepted. Livestock shall be limited to any combination of
one(1)large animal(horse or cow) per acre or not more than two (4) llamas,goats or sheep
per acre may be kept. No other animals, including but not limited to swine, goats, or birds
of any species, may be kept without the prior written permission of all Lot Owners in the
Subdivision.
Any animals outside a dwelling unit or fenced area must be on leashes or otherwise
under physical
I control of either the Lot Owner or someone authorized by the Lot Owner.
All animals shall be fed and cared for. Fenced areas shall be constructed of materials
adequate to keep the animal(s) from annoying or trespassing on the use of the property of
others. All areas in which animals are kept, including barns, corrals and kennels, shall be
maintained in a nuisance free manner. Dog runs must be not more than six (6) feet high,
not located in the front yard, not closer than twenty (20) feet to the side or back property
lines and shall be screened from view.
B. Businesses: No business shall he conducted on any Lot unless completely within the
dwelling unit or as approved by the Architectural Committee and only as permitted by
applicable state or local jaw, rule or ordinance. No signs shall be Installed to advertise the
business. No oil exploration or development of any nature or kind, including mining
exploration, development or structure shall be permitted on any Lot or Common Area.
Except that during construction the Declarant or its agents may conduct sales and
construction business outside of a dwelling unit as provided above and hereinafter.
C. Farming Operations on Neighboring Properties: pur
chaser urchaser of any Lot shall be
aware that the Subdivision is located in an agricultural area. Ther.e are many lawfully
conducted operations in the vicinity or within the Subdivision that result in inconveniences'
including, but not limited to dust, odor, insects, noise during nighttime hours, airplane and
helicopter overflights. No Lot Owner may challenge these lawfully conducted operations,but
shall accept them as part of living in an agricultural area.
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.z Page 10

D. Garbage and Refuse Disposal: No part of any Lot shall be used or maintained as a
dumping ground for rubbish, trash or other waste. No garbage,trash or other waste shall be
kept or maintained on any part of any Lot except in a sanitary container. Any equipment for
the storage or disposal of such material must not violate setback restrictions and must be
enclosed with an aesthetic screen or fence and shall be kept in a clean and sanitary condition.
No incinerators shall be allowed.
E. Leasing Restrictions: Any lease between an Owner and tenant shall provide that the
terms of the lease shall be subject in all respects to the provisions contained in this
Declaration,the Association's Articles of Incorporation,Bylaws and rules and that any failure
by the tenant to comply with the terms of such documents shall,be a default under such lease.
F. Nuisances: Nothing of an offensive, dangerous, odorous, or noisy endeavor shall be
conducted or carried on any Lot, nor shall anything be done or permitted on the Property
which may be or become an annoyance or nuisance to other individuals or Owners.
G. Residing in Other than Dwelling Units: No trailer, truck camper, tent, garage, barn,
shack or other outbuilding shall at any time be used as a residence, temporarily or
permanently, on any Lot except as provided above during the construction period. Provided
that during the construction period, Declarant or its agent(s) may utilize a construction/sales
office of a temporary nature as provided above. Further provided,that guests of a Lot Owner
may stay overnight in a recreational vehicle parked on the Lot provided that the total use by
the guests does not exceed two (2) weeks and the Lot Owner has notified the Architectural
Committee regarding the use and period of stay.
IL Sight Distance at Intersections: No fence, wall, hedge or shrub planting which
obstructs sight lines at elevations between three(3) feet and eight(8)feet above the roadways
shall, be placed or permitted to remain on any corner Lot within the triangular area formed
by the street property line's and an imaginary line connecting them at a point 30 feet from the
intersection of the street lines, or, in the case of a rounded property corner, from the
intersection of the street property lines extended. The same sight-line limitations shall, apply
on any Lot within ten(10) feet from the intersection of a street property line with the edge of a
driveway or alley pavement.
L Si Ms: No sign of any kind shall be displayed to public view on any Lot except a
professionally designed and constructed sign of not more than (5) square feet advertising the
property for We or rent by an Owner, or to advertise the builder'or the property during the
construction sales period. If a property is sold or rented, any sign relating thereto shall be
removed immediately. Except that the Declarant and its agent(s) may post a "Sold" sign for
a reasonable period following the sale. Notwithstanding any provision to the contrary,signs
of any and all sizes and dimensions may be displayed by the Declarant without limitation,on
Lots owned by the Declarant. The Association may maintain subdivision identification signs,
and appropriate informational signs of a size and design approved by the Architectural
Committee.
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUT14SHORE SUBDIVISION NO.2,Page 11

J. Storage and Use of Recreational Items, Vehicles and Equipment: No working or
commercial vehicles larger than one (1) ton and no junk, non-licensed or non-working
vehicles shall he parked on any Lot unless wholly contained within the garage or approved
outbuilding. Recreational vehicles and equipment owned or leased and enjoyed by the Lot
Owner for personal use or enjoyment may be kept or stored on any Lot within a garage or
approved outbuilding or outside of a garage or outbuilding, but behind the front plane of the
residence in an enclosure such as a fence. Provided however, that vehicles or equipment Shan
not be parked on the street or between the front plane of the Dwelling Unit and the street
except for approved guest stays, for a period exceeding twenty-four (24) hours. Woodpiles,
compost piles and Area for handing, drying or airing clothing shall be screened from view.
No basketball backboards or similar devices may be attached to any dwelling so as to be
visible from the street. No such devices shall be left in the front yard for a period to exceed
forty-eight(48) hours. No vehicle may be parked in the street for a period exceeding twenty-
four(24)hours).
ARTICLE V
Private Road
A. Private Road System Description: The Private Road is shown on the Plat as an
easement across the frontage of each Lot. Each Lot owner shall have the right of cross-access
along the entire private road without need of a further or separate deed of access.
B. Improvement, Maintenance and Operation of the Private Road System: The
Declarant and the Association after the Road is turned over to the Association shall be
responsible for its improvement,maintenance and operation,including the subsurface area of
the barrow swales along either side of the paved section of the road. The Owners of Lots
adjacent to the individual roads shall be responsible for the maintenance of the surface of the
barrow swales from the edge of the cross access easement on the respective Lots to the
pavement and shall maintain the swales in a clean and weed free manner. They may-plant
grass, but no other plants in the barrow. The Lot Owners shall spray weed killer as
frequently as necessary to prevent weeds or other prohibited plants from growing in the Swale
and in no event shall allow any item or plant to interfere with the drainage.
ARTICLE VI
Common Facilities
The Common Facilities shall include the barrow drainage swales, the landscaped entry way
areas,Private Road and Lot 16,which contains the Pressurized irrigation system and pond as
well as the Domestic Water System.
A. Road and Associated Facilities: The Private Road and barrow drainage swales shall
be improved,maintained and operated only in accordance with the paragraphs above.
B. Lot 16:' That portion of Lot 16 that contains the Domestic Water System and
associated Facilities shall be maintained in accordance with the requirements of the agencies
having jurisdiction over the Domestic Water System. No Lot Owner or their families,agents,
representatives, invitees, representatives, assignees or transferees shall do anything that will
DECLARATION OF RES-MCITVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 12

interfere with the Domestic Water System. Any damage or interference shall be immediately
remedied at the sole cost of the Lot Owner.
That portion of the Lot utilized for the Irrigation System shall be operated* and
maintained in accordance with the provisions pertaining to the Irrigation System. No Lot
Owner or their families, agents, representatives, invitees, representatives, assignees or
transferees shall do anything that will interfere with the Irrigation Water System.. Any
damage or interference shall be immediately remedied at the sole cost of the Lot Owner.
Other than the area that is utilized by the Irrigation System, including the irrigation
pond, and the Domestic Water System, the remainder of the Lot shall be improved,
maintained and operated as a common area for the use and benefit of the Subdivision Lot
Owners. The assessments paid to the Association, other than those designated for the Road
System, Domestic Water System or the Irrigation System, may be used as deemed
appropriate by the Association for the remainder of the Lot
C. Landscaped Entry Wavi There are two (2) landscaped easement arm shown on the
Plat located respectively on Lots 01 and 15. These Lots shall be operated and maintained by
the Declarant until turned over to the Association. After which time, the Association shall
maintain all of the plantings and water feature in good and workmanlike manner including
replanting dead material and repairing and maintaining the water feature. No Lot Owner or
their families, agents, representatives, invitees, representatives, assignees or transferees shall
do anything that will interfere with these landscaped areas. Any damage or interference shall
be immediately remedied at the sole cost of the Lot Owner. The Lot Owners of the burdened
Lots shall not do anything that will interfere with, the operation and maintenance of the
landscaped areas including any activities that damage the plantings or the water feature.
ARTICLE VII
WATER SYSTEM
A. Description,Ownership and klanag—ement of Water System:
1. Description: The Water System is described in detail in the Water System
Management Agreement This document is available from the ROA upon request during
office hours.
2. Ownership: Declarant is the owner(Water System.Owner)of the water system
(Water System). The Water System is subject to approval of design, construction and
operation by the Idaho Department of Environmental Quality and the Idaho Department of
Water Resources. Ownership and management is subject to a Water System Management
Agreement Ownership of the system may be transferred to a municipality, a water district,a
corporation or company organized to own and manage such systems or the homeowners'
association if approved by the respective governmental entities.
2. Management: The Water System is managed by the Water System Manager
pursuant to the Water System Management Agreement. Except as provided in that
agreement, Lot Owners shall have no right, title and/or interest in the Water System,
DECLARATION 0FRE6mcnvEC0VENAMS
OF SOVTHSHORE SU13DIVISION NO.Z Page 13

including any water and-water rights, including groundwater and groundwater rights, And
storage rights owned by the Water System Owner.
3. Access to Lots for System Maniagemeatt The Water System Owner,the Water
System Manager and all authorized personnel, agents, representatives or contractors shall
have the right to go onto any Lot or Common Area in connection with the management,
operation, repair, replacement or other activity associated with the Water System. All such
access shall be during reasonable hours; access at any time shall be deemed reasonable for
emergencies.
4. Access to Water System Facilities: Only the Water System Owner, Water
System Manager and authorized personnel, agents, representatives or contractors are
allowed to have access to the Water System Facilities and equipment. Although such facilities
and equipment are located on Lot 16, which is a common Lot, the Lot Owners and their
guests, invitees or families have no right to go within the Domestic Water System facility or
interfere in any manner with its operation, maintenance or improvements.
B. Financial Records,Accounts,Accounting and Audits: The Water System Owner shall
be responsible for the rmancial records for the Water System and such records shall he
managed by the Water System Manager in accordance with the Water System Management
Agreement and the following.
I. Accounting and Accounts: The Water System Manager shall also establish an
accounting system or system of accounts for the Water System which shall be managed under
general accounting principles,with reports as required or appropriate produced on at least an
annual basis and provided to the Water System Owner.
2. Bank Accounts: The Water System Manager shall establish a bank account
with an appropriate banking institution. All charges, fees, assessments and reserve funds
,collected from Lot Owners relating to the Water System All such funds shall be deposited
into the bank account Revenue in excess of operation and maintenance costs shall be held in
a reserve account for future capital expenditures. If ownership of the Water System is
transferred, the Water System manager shall transfer the bank account, and all funds
deposited therein, to the succeeding Water System Owner, or Manager as agreed to by the
successor Water System Owner.
I Audits: The Water System Owner shall arrange for third party financial
audits of the Water System financial records either on an annual basis or other reasonable
period of time.
C. Insurance: The Water System Owner shall obtain and keep in full force and effect,
policies of insurance to include interruption of service and public liability.
D. Meters: Meters shall be installed on the Lot prior to occupancy to measure and
regulate the use of the Water System by each lot for domestic water, as well as to prevent
unauthorized use of water, and to establish a reasonable monthly maximum amount of water
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 14

allowed in connection with each Lot. Meters may be read regularly or on any such basis as is
reasonable to ensure proper use of the water
E. Prevention of Contamination: All reasonable'efforts shall be taken by Lot Owners,
persons in possession of Lots, the Water System Owner and the Water System Manager to
prevent contamination of the groundwater supply for the Water System.
1. Backflow Systems and Assemblies: The individual water system serving each
Lot shall be equipped with an approved backflow prevention system and assembly, All
backtlow prevention assemblies installed on any Lot must be one listed in the most recent
edition of the University of California Foundation for Cross-Connection Control and
Hydraulic Research. The backflow prevention system and assembly must be installed on the
residential service fine after the water meter and prior to addition connections to the
residential service line. It shall be the responsibility of each Lot Owner, at such Lot Owner's
sole cost and expense, to promptly replace or repair any backflow prevention system and
assembly or any component thereof that is defective or requires repair. In addition, the Lot
Owner shall be responsible at such Lot Owner's sole cost and expense, to promptly replace
any backflow prevention system and assembly existing on any Lot that is no longer listed on
the forgoing list of approved backflow prevention systems and assemblies. Each Lot Owner,
at such Lot Owner's sole cost and expense, shall ensure the correct operation of the backflow
prevention system and assembly on such Lot and shall test the functioning of the backflow
prevention system and assembly at least annually and report the result of such testing to the
Water System Manager. A backflow assembly tester licensed by the State of Idaho must
perform testing.
2. Design Standards: Design and construction of all water facilities shall be in
compliance with all Idaho Department of Environmental Quality and Idaho Department of
Water Resources standards established to minimize the potential for groundwater
contamination including IDAPA 37.03.09— Well Construction Standards, and UDAPA 58.01-
08.550—Design Standards for Public Water Systems.
3. Prohibited Activities: All persons, including each Lot Owner as well as any
person occupying a Lot, shall take all reasonable measures to protect any and all wellheads
serving the Water System,including,without limitation:
(a) Parking. Except for equipment utilized for operation, maintenance,
repair or replacement owned or operated under the direction of the Water System Owner or
the Water System Manager or their authorized personnel, agents, representatives or
contractors no equipment or vehicles shall be parked within fifty (50)feet of the Well Lot. In
no event shall any equipment or vehicles be parked within Tufty (50) feet of any wellhead
unless necessary for operation,maintenance,repair or replacement of the well facility itself.
(b) Chemicals and Petroleum Products: No chemical's of any kind,
including but not limited to pesticides, herbicides, fertilizers, petroleum products, toxic or
hazardous materials shall be permitted, placed, stored, or used within fifty (50) feet of any
wellhead or facilities located on the Well Lot.
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO,2,Page 15

(C) Standing Water: No standing water or storm water runoff shall be
permitted to accumulate within a fifty(50)foot radius of any wellhead.
F. Separate Water Systems Prohibited: No separate or individual water supply systems,
regardless of the proposed use of the water to be delivered by such system shall be constructed
on any Lot. No Lot Owner or person in possession of a Lot may disconnect from the Water
System.
G. Service: Each Lot shall have access to the Water System for purposes of obtaining
water for domestic water use including culinary uses and fire suppression. All Lots are
required to obtain all domestic water from the Water System, No Lot Owner is allowed to
develop a separate water system to serve the Lot. Nonuse of the water system shall not relieve
a Lot Owner of the requirement to pay all assessments for the W'ater System as provided
below.
H. Service Fees and Assessments: The Water System Owner, in consultation with the
Water System manager, shall establish fees for the use of the Water System,which fees may
be adjusted from time to time and assessed against the Lots for use of the Water System. The
Water System Manager shall collect such fees. Taking possession of a Lot shall subject the
Lot Owner to liability for payment of all assessments pertaining to the Water System.
1. Initial Assessment: The initial assessment shall be collected at the closing of the
sale- of the Lot. Such fee shall include, but is not limited to 'the costs associated with
installation of distribution lines, development and management of the system as well as
admn istrative costs.
2. Regular Assessments: The Water System Owner may assess an average
assessment for use of the Water System or may read the meters and charge an individual rate
based on actual water usage together with pro-rata fees for other costs of the Water System,
including but not limited to administration, operation, maintenance, repair and capital
reserve accounts for replacement of the system.
3. Limited Assessments: The Water System Owner shall have the right to assess
Limited Assessments for unforeseen management, repair, operation, maintenance or capital
reserve needs for proper operation of the Water System. All Lot Owners shall be subject to
such Limited Assessments as may be determined by the Water System Owner.
4. Excess Water Use Limited Assessment: No excess use of water shall be
allowed. If a meter for a particular Lot indicates that more domestic water is being utilized
on the respective Lot, as reasonably compared to the amount of water used by other Lot
Owners, the Water System manager may read that particular meter on a regular basis and
the Lot Owner shall be charged a Limited Assessment that shall be proportionate to the
amount of water used in excess of the reasonable maximum monthly amount. Such Limited
Assessment shall be in addition to the portion of the Regular Assessment associated with the
Water System. Additionally, if any dispute arises between Lot Owners that alleges
unreasonable water use by another Lot Owner or person in possession of another Lot, the
Water System Manager shall use the water meters to determine the monthly water Volume
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 16

consumed by such Lot Owners or those in possession of such Lots and,if appropriate,charge
a Limited Assessment to any Lot Owner where significantly more water is being utilized on
that Lot Owner's Lot as compared to other Lots. In the event of refusal to pay any such
Limited Assessment'or a refusal to curtail water use, the Water System Owner shall have the
right to deny or terminate water service to a Lot until such time as the Lot Owner pays such
assessments and curtails such excess use of the Water System.
S. Reserve Account: The Water System Owner shall establish at least one reserve
account into which shall be deposited funds set aside and used for the exclusive purpose of
replacement or repair of the Water System. The Regular Assessment shall include a pro-rata
fee assessed equally against all Lot Owners to fund such repair and replacement of the Water
System based on existing repair or replacement needs as well as life expectancy of the
individual Water System components(capital expenditures).
6. Setting_Assessments: The Water System Owner shall review,at least annually,
the water usage,Regular, Limited and Excess Water Use Limited Assessments in consultation
with the Water System Manager. The Regular Assessments may, but are not required, to be
adjusted annually based on actual and projected expenses for administration, management,
maintenance, operation and repairs as well as projected future capital expenditures facilities
replacement.
1. System Responsibility: The Water System Owner is only responsible for operation,
maintenance, repair, replacement or improvement, including repair of leaks, service
connections and meters, only from the corporation stop connection at the water main to the
water meter. The Lot Owner is solely responsible for operation, maintenance, repair,
replacement or improvement,including but not limited to repair of leaks,service connections
and Hues for that portion of the Water System from the water meter to the point of use or
residence,whichever first occurs.
J. Termination of Service: Upon written notice,the Water System Owner may deny or
terminate water service to a Lot for any of the following reasons:
1. Refusing Access: The Lot Owner or a person in possession of the Lot denies
access to that portion of the Water System located on,within or serving the respective Lot
2. Excessive Water Use: The Lot Owner or a person in possession of the Lot
engages in water consumption on the respective lot that repeatedly and significantly exceeds
per Lot consumption as reasonable compared to the amount of water used by other Lots.
3. Violation of Rules or Policies for Water Use: The Lot Owner or a person in
possession of the Lot violates the policies and procedures concerning water use, including but
not limited to:
(a) Failure to timely repair water leaks for which the Lot Owner is
responsible;
DECLARATION OF MMMVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.Z Page 17

(b) Failure to comply with the backflow prevention or cross connection
control requirements;
4. Such action is necessary to prevent a violation of local, state or federal health,
welfare or safety laws or regulations.
K Water Availability: Declarant does not guarantee the availability of water for any Lot.
Such water is subject to approved uses by the Idaho Department of Water Resources.
Availability of water is also subject to the amount of water that can be produced by the Water
System itself.
L. WaterQualit r with the Water System meets an
ily: The source water*e quality associated
state and federal primary drinking water standards.
ARTICLE VIII
Architectural Committee
A. Initial Members: The Architectural Committee shall have three (3) members. The
initial members of the Architectural Committee are appointed by and serve at the discretion
of the Declarant. The initial members are Don Hubble, Clay Burnham & Emmett Price.
These individuals serve at the discretion of the Declarant. The Declarant may increase or
decrease the number 'of members. Once the Declarant completes the transfer of
responsibilities for all the Common Facilities to the Homeowner's Association,the Association
may increase or decrease the number of members in accordance with the Bylaws of the
Association.
In the event of death or resignation of a member, the remaining members shall have
full authority to act, and within a reasonable time after the occurrence of such vacancy, the
Declarant, of if after the completion of the last dwelling unit, the Board of Directors of the
Association shall appoint a replacement.
B. Action by Quorum and Majority: . A majority of the Architectural Committee shall
constitute a quorum. All action by the Architectural Committee shall be by majority vote of
those members in attendance so long as a quorum is present at a meeting.
C. Liability for Architectural Committee Action: All Owners agree that the
Architectural Committee and its successors shall incur no liability for any omissions or acts
under this Declaration.
D. Duties: The duties of the Architectural Committee are to review, approve, deny or
conditional approval of all new construction or alteration of existing structures on such-terms
and conditions as the Architectural Committee shall deem appropriate. Its determination is
binding on all parties, The Architectural Committee is further charged with enforcement of
this Declaration until the Board of Directors takes over the responsibilities of the
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 18

Architectural Committee pursuant to Paragraph H below. The Architectural C'ommittee
may, with the consent of the Declarant, appoint a Sub-Committee,which may or may not be
constituted of Members of the Association, to enforce all areas of this Declaration not
pertaining to new construction.
E. Duties of Sub-Committee: In the event that a Sub-Committee is appointed, its duties
shall be to enforce, control and review for approval,non-approval or conditional approval,all
areas encompassed by this Declaration not pertaining to new construction or alteration of
existing structures. All Owners agree that the Sub-Committee and its successors shall incur
no liability for any omissions or acts under this Declaration. In the event of death or
resignation of a member,the remaining members shall have full authority to act, and within a
reasonable time after the occurrence of such vacancy, the Architectural Committee and
Declarant, or if after the completion of the last dwelling unit, the Board of Directors of the
Association shall appoint a replacement.
F. Submission of Plans and Specifications: Prior to any construction, erection, repair or
alteration, including location of any structure, budding or residence on any Lot, different
color or materials, of structures,fences, outbuildings, etc., as herein provided, there shall be
submitted to the Architectural Committee, one set of detailed plans and specifications that
shall include a plot plan, elevations, square footage, floor plan, location of structures on the
Lot and samples of exterior colors and materials including paint and roofing. The submission
shall be in accordance with rules to be set by the Architectural Committee for such
submissions together with non-refundable review fees that shall be set at not less than One
Hundred Dollars ($100)per review.
G. Approval by Architectural. Committee: No building or other structure, shall be
erected, placed altered or maintained on any Lot until the construction plans and
specifications and a plan showing the location of the structure have been approved by the
Architectural Committee as to quality of workmanship and materials, harmony of external
design with existing structures, compliance with specific material type requirements and
location,etc.as provided herein.
The Architectural Committee shall have fifteen(15)days to review the plans,drawings
and specifications. The Architectural Committee shall indicate its approval of the proposal by
the dating and signing of the plans by a designated member of the Architectural Committee.
Such approval shall be construed as full compliance with this Declaration. Approval shall be
transmitted to the applicant by letter. No proposal shall be deemed approved without the
authorized signature of an Architectural Committee member. The Architectural Committee
shall have the sole discretion to determine what is substantial or full compliance with this
Declaration. The Architectural Committee shall have the right to retain the plans and
specifications. The Architectural Committee shall have no authority to approve the interior
design except to the extent incidentally necessitated by use and size requirements.
H. Release of Initial Architectural Committee and Sub-Committee: Upon the sale of the
last Lot in the Property, the work of the initial Architectural Committee and any Sub-
Committee shall be deemed completed, and said members shall then be automatically
released from all responsibilities thereto. If the Association,has been formed,then it the sale
DECLARATION OF RESTRIC711VE COVENANTS
OF SOUTIISHORE SUBDIVISION NO.Z Page 19

of the last Lot and not before, the then seated Board of Directors of the Association shall
automatically become the Architectural Committee. Amending this Declaration shall not
affect this provision.
ARTICLE IX
Homeowners'Association
A. Incorporation of Documents. All the provisions of the conditions of approval for the
development of the Subdivision by Canyon County, including the conditional use permit,
Preliminary Plat and Final Plat, this Declaration and all other applicable Agreements shall be
deemed to be the controlling documents for the Subdivision as if fully set forth in a single
document. The priority shall be first the governmental requirements of Canyon County, the
Idaho Department of Environmental Quality, Southwest District Health Department and the
Idaho Department of Water Resources. Second shall be the organizational documents in
order of priority: this Declaration, the Articles of Incorporation, the By-Laws and last, the
Rules,if any,adopted by the Association.
B. Establishment of Association: Not later than the sale of the last residential Lot, the
Declarant or Owners shall form the Association through filing of Articles of Incorporation as
a nonprofit Idaho Corporation with the Idaho Secretary of State. Provided however,if there
is no common area to be maintained by an association,there shall be no requirement to form
one. In the event that one is formed,the following provisions shall apply.
C. 'Membership: Every Owner of Lot shall be a member of the Association. Membership
shall be appurtenant to and may not be separated from ownership of any Lot.
D. Membership Classes and Voting: The Association shall have two (2) classes of voting
membership:
1. Class A: The Class A members shall all be Owners, with the exception of the
Declarant,during the period when the Declarant is a Class B member. Each Class A member
shall be entitled to one (1) vote for each Lot owned. When more than one(1) person holds an
interest in any Lot, all such persons shall be members. The vote for such Lot shall be
exercised as such Owners determine. However,there shall not be more than one (1)vote cast
per Lot; fractional votes shall not be permitted. The vote applicable to any Lot being sold
under contract of purchase shall be exercised by the contract seller, unless the contract
expressly provides otherwise.
2. Class B: The sole Class B member shall be the Declarant, which shall retain
one hundred percent(100%)voting control until the last Lot in the subdivision is sold and Lot
16 is transferred to the Association. In that event,Declarant shall become a Class A member
to the extent and under the same conditions as other Owners of Lots,
E. Officers and Directors: Not later than thirty.(30) days following the sale of the first
Lot, the Declarant shall appoint the initial Board of Directors (Board) and officers. The
Board shall consist of the Declarant,which shall have the power of veto over any action by the
Board and at least two (2) other members who may also fill the positions of the Architectural
DECLARATION OF RESTRICrM COVENANTS
OF SOUTHSHORE SUBDIVISION NO.Z Page 20

Review committee as well as officer positions. As soon as five (5) Lots are sold, the Board
shall be elected as set out in the By-Laws. Provided,however,that the Declarant Shan remain
the controlling Member until the transfer of all Lots in the Subdivision.
F. Assessments: Each Owner of any Lot, by acceptance of a deed therefore,whether or
not expressed in such deed,is deemed to covenant and agrees to pay to the Association-
1. Initial Set Utz Fee: An initial assessment of Three hundred fifty dollars
($350.00) for each Lot, payable at closing of the first and subsequent sales of
each Lot.
2. Transfer fee: upon transfer of title of any lot and recordation of deed buyer
shall pay the BOA a transfer fee of two hundred twenty five dollars($225.00)
2. Periodic Assessments —Common Facilities: Regular annual or other regular
periodic assessments or charges including improvement maintenance and operation of the
Common Facilities shall be as set forth below, payable quarterly in advance. The first
quarter payment shall be paid at closing together with the initial assessment. If the closing is
during the quarter, the payment shall be applied first to the 'unexpired amount of the quarter
and then to the upcoming quarter. The purchaser shall pay the entire next quarter if there is
a proration of the quarter in which the Lot is purchased.
3. Irrigation System: All Lots shall pay Twenty five Dollars Per mouth ($25.00)
for improvement, maintenance and operation of the Irrigation System. The rights and
obligations pertaining to the Irrigation System are set forth in a separate document entitled
the Southshore Subdivision No. 2 Water Users Association Agreement (Water Users
Association), All Lot Owners shall comply with their obligations-under that Agreement which
shall be managed by the Declarant or the Association. No assessment for the Irrigation
System shall be used for any other purpose without prior written approval of every Lot
Owner entitled to receive water from the Irrigation System.
4. Domestic Water System: All Lots shall a monthly charge for domestic water
service of Seventy five dollars per month ($75). This is determined under the water
management contract documents and set by the Owner of the Domestic Water System. The
rights and obligations pertaining to the Domestic Water System are set forth in a separate
document.Available upon request during business hours. All Lot Owners shall comply with
their obligations under those documents. No assessment for the Domestic Water System shall
be used for any other purpose without'prior written approval of the respective government
agencies and every Lot Owner entitled to receive water from the Domestic Water System.
5. Private Road and Other Common Facilities & administrative cost and
expenses: Each owner shall pay ninety-five dollars per month-($95) these assessments Shan be
utilized for the operation, improvement, maintenance and repair of the Private Road and the
other Common Facilities not specifically referred to above. These assessments shall be utilized
for any administrative costs and expenses incurred including but not limited to legal and
management costs.
DECLARATION OF RESTRICTIVE COVE4ANTS
Of SOU MSHORE SUBDIVISION NO.2,Page 21

6. Special Assessments: Special assessments for unanticipated costs such as
litigation,unexpected repair or maintenance costs and capital improv" ements,including repair
or alteration of existing improvements or new improvements, shall be fixed, established and
collected from time to time as hereinafter provided. Special assessments are not limited by
the provisions of Subparagraph 2 above. No Owner may waive or otherwise escape liability
for the assessments provided for herein by nonuse of any of the Common Areas or
abandonment of the Owner's Lot.
G. ProRg!jj Exempt from Assessments: The following property subject to this
Dectarati6n shall be exempt from the assessments created herein:
1. Properties expressly dedicated to and accepted by a local public authority;
2. Lots or Common Area owned by the Association.
3. Unsold lots owned by the Declarant.
4. Properties receiving irrigation water,but not part of the Subdivision Plat.
H. Due Date of&gessments: The annual assessments shall commence as set forth above
and shall be paid quarterly as so provided. The annual assessment shall'be adjusted according
to the number of months remaining in the calendar year so that all Lots have the same annual
assessment and the same annual assessment period. The Board of Directors, or the
Architectural Committee prior to the establishment of the Association,shall fix the amount of
the annual assessment against each Lot at least thirty (30) days in advance of each annual
assessment period which shall commence January I of each year, Written notice of the
annual assessment shall be sent to every Owner subject thereto. The due dates shall be
established by the Board of Directors or the Architectural Committee if prior to
establishment of the Association. The Association shall,upon demand, and for a reasonable
charge furnish a certificate by an officer of the. Association setting forth whether the
assessments on the specified Lot have been paid. : A properly executed certificate of the
Association as to the status of assessments on a Lot is binding upon the Association as of the
date of its issuance.
I. Unpaid Assessments: Any assessment not paid within thirty (30) days after the due
date shall bear interest from the due date at the rate of twelve peicent(12%)per annum or at
such other interest rate as may be established annually by the Board of Directors. In the
event that such assessments, whether cumulative or singular, remain unpaid for'a period of
ninety (90) days, an additional one dollar ($1.00) per day shall be imposed, calculated from
the date the respective assessment was due. Penalties shall run separ#tely on each due and
unpaid assessment in the event that in'ore than one(1)assessment remains unpaid. The lien of
the assessments shall be subordinate to the lien of any first mortgage provided that a person
or entity unrelated to the Lot Owner holds such first mortgage,' However,the sale or transfer
of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish
the lien of such assessments as to payments that became due prior to such sale or transfer. No
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.Z Page 22

sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming
due or from the hen thereof.
J. Use of Assessments.- The assessments levied by the Association' shall be used
exclusively as set out above, enforcement of the provisions of this Declaration, administrative
costs and expenses.
K Increase in Assessment Amounts: From and after January I of the year immediately
following the conveyance of the first Lot to an Owner, the maximum annual assessment may
not be increased each year more than ten percent(10%)of the previous year's total periodic
assessment without a vote of the Lot Owners. Any increase shall reflect the previous year's
actual expenses and projected operation and maintenance*costs. Were such actual costs and
expenses from the previous year together with the reasonable projected costs and expenses for
the upcoming year exceed the ten percent (10%) limitation, assessments may be increased
without approval of the Lot Owners. Increases subject to the vote of Lot Owners shall be
approved by not less than two-thirds (2/3) of each class of members who are voting in person
or by proxy at a meeting duly called for this purpose as set forth below, Provided, however,
that votes shall be one(1)vote per Lot
L. Assessments a Charge Against the Lot: The regular and special assessments,together
with interest, costs of collection and reasonable attorneys fees shall be a charge an any Lot
and shall be a continuing lion on the Lot against which such assessment is made. Each such
assessment, together with interest, costs of collection and reasonable attorney's foes,shall also
be the personal obligation of the Owner of such Lot at the time when the assessment fell due.
The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a
personal obligation of successors in title,unless expressly assumed.
M. Notice and Quorum for Meetings: Written notice of any meeting caged for the
1 9
purpose of taking any action authorized under Paragraphs E and F shall be sent to all
members not less than thirty (15) days nor more than sixty (60) days in advance of the
meeting. At such meeting the presence of Owners or of proxies entitled to cast fifty one
percent (20%) of all the Votes of each class of membership shall constitute a quorum. If the
required quorum is not present, the meeting shall be adjourned and rescheduled for a time
and place not less than ten(10)days and not more than thirty (30) days subsequent. Written
notice of the rescheduled meeting shall be mailed to all members not less than five(5) days in
advance of the rescheduled i meeting date. The required quorum at the subsequent meeting
shall be satisfied by the presence in person or by proxy of twenty-five percent (25%)for each
class of membership.
N. Common Facilities Matters: The Association shall have the right to dedicate or
transfer all or any part of the Common Facilities to any public agency authority,or utility for
such purposes and subject to such conditions as may be agreed to by the members. No such
condition or transfer shall be effective unless authorized by members entitled to cast two-
thirds (M) of the majority of the votes at a special or general member's meeting and an
instrument signed by the Chairperson and Secretary has been recorded in the appropriate
county deed records, agreeing to such dedication or transfer. Written notice of the proposed
action and meeting at which action is intended to be taken shall be sent to every member of
DECLARATION OF RESIMICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO,Z,Page 23

the Association not less than ten (10) days nor more than fifty (50) days .prior to such
dedication or transfer.
O. Association Duties: The Aisociation is authorized,but not limited,to the followiig.
1. Prepare an annual budget which shall indicate anticipated management,
operating, maintenance, repair and other common expenses for the Association's next fiscal
year and which shall be sufficient to pay all estimated expenses and outlays of the Association
for the next calendar year which grow out of or are in connection with the maintenance and
operation of Common Area and improvements. This budget may include,but is not limited to
the cost of maintenance, management, special assessments, insurance (fire, casualty and
public liability, etc.), repairs, wages, water charges, legal and accounting fees, management
fees, expenses and liabilities incurred by the Association from a previous period, and the
creation of any reasonable contingency or other reserve fund.
2. Perform or have performed the repairs, upkeep and maintenance, normal
servicing, development of rules for use, care and safety of Common Area, payment of bills
and related expenses for any Common Area.
P. jgslLranee- The Association must, if available at a reasonable cost, have a
comprehensive policy of public liability insurance covering all of the Common Areas. Such
insurance policy shall contain a severability of interest endorsement that shall preclude the
insurer from denying the claim of a Dwelling Unit Owner because of negligent acts of the
Association or other Owners. The scope of coverage must include all other coverage in the
kinds and amounts required by private institutional mortgage investors for projects similar in
construction,location and use.
1. Contribution: Insurance secured and maintained by the Association shall not
be brought into contribution with insurance held by the individual Owners or their mortgage
'holders.
2. Subrogati6n Waiver: Each policy of insurance obtained by the Association
shall where possible provide:
a. A waiver of the insurer's subrogation rights with respect to the
Association,its officers,the Owners and their respective servants,agents and guests.
b. A provision that the policy cannot be canceled,suspended or invalidated
due to the conduct of any agent,officer or employee of the Association without a prior written
demand that the defect be cared.
C. That any "no other insurance" clause therein shall not apply With
respect to insurance held individually by the Owners.
3. Idaho Insurers: All policies shall be written by a company licenses to write
insurance in the State of Idaho and all hazard insurance policies shall be written by a hazard
insurance carrier holding a financial rating by Best's Insurance Reports of Class V1 or better.
DECLARATION OF RESTRICTTVECOVFXANTS
OF SOVTHSHORE SUBDIVISION NO,Z Page 24

4. FHLMC/FHMA Reguirements: Notwithstanding anything herein contained to
the contrary,insurance coverage' must be in such amounts and meet other requirements of the
Federal Rome Loan Mortgage Corporation (FHLMC) and Federal National Mortgage
Association(FNMA)
5. Worker's Compensation: The Association shall purchase workmen's
compensation and employer's liability insurance and all other similar insurance with respect
to any employees of the Association in the amounts and in the forms now or hereafter
required by law.
6. Miscellaneous: The Association may obtain insurance against such other risks,
of a similar or dissimilar nature, as it shall deem appropriate with respect to the pro&rties,
including any personal property of the Association located thereon. The provisions of this
Article shall not be construed to limit the power or authority of the Association to obtain and
maintain insurance coverage, in addition to any insurance coverage required hereunder, in
such amounts and in such forms as the Association may deem appropriate from time to time,
ARTICLE X
Miscellaneous
A. Common Facilities Title and Improvements Transfer to Association: Common
Facilities, where allowed under local, state or federal provisions, shalt be conveyed to the
Association not later than the sale of the last Lot by the Declarant. Provided,Declarant shall
retain the right to continuing access to any system or common area to complete such
improvements thereon or thereto as Declarant intends to construct.
B. Severa : Invalidation of any one of these covenants or restrictions by judgment or
court order shall not invalidate or affect any other provisions hereof, which shall remain in
full force and effect-
C. Binding- Effect: The covenants and restrictions of this Declaration and any
amendment hereto shall run with and bind the land. These covenants shall run with and bind
the land for a term of twenty(20)years from the date this Declaration is recorded,after which
time they shall be automatically extended for successive periods of ten years,unless amended
in accordance with Paragraph D below.
D. Amendment: This Declaration may be amended by the Declarant at any time prior to
the sale of the last Lot. Where an amendment is made by the Declarant, the terms so
amended shall apply only to the Lots remaining unsold. Any amendments affecting Lots that
are owned by persons or entities other than Declarant shall require approval by such other
Lot Owners as set out below. Provided, however, any terms required by governmental
entities shall not require approval by the Lot Owners but shall be within the sole discretion of
the Declarant and shall apply to all Lots.
After the sale of the last Lot, up to the end of twenty (20) years from the date this
Declaration is recorded,it may be amended only by either the notarized signatures of sevienty-
DBCLkRXnON OF RESTRICTIVE COVENANTS
OF SOMMSHORE SUBDIVISION NO.2,FAge 25

five percent (75%) of the Lots or an instrument signed and acknowledged by the President
and Secretary of the Association affirming that such amendment was approved, either by
proxy or affirmative vote at a meeting called for such purpose, of not less than seventy-five
percent(75%) of the Lots subject to this Declaration.
Thereafter, this Declaration may be amended or terminated only by either the
notarized signatures of sixty-six percent (66%) of the Lots or an instrument signed and
acknowledged by the President and Secretary of the Association, affirming that such
amendment was approved, either by proxy or affirmative vote at a meeting called for such
purpose,of not less than sixty-six percent(66%) of the Lots. Amendment or termination may
take place at anytime.
The provisions pertaining to the Domestic Water System may not be amended without
the approval of the respective governing entities.4
E. Assipment by Declarant: Any or all rights, powers and reservations of Declarant
herein contained may be transferred or assigned to the Association or to any other person,
including corporations or associations which are now organized or which may hereafter be
organized which will assume the specific rights, powers and duties of Declarant hereunder,
evidencing its intent in writing to accept such assignment. All rights of Declarant hereunder
reserved or created shall be held and exercised by Declarant alone, so long as it owns any
interest in any portion of the Property until the sale of the last Lot.
IN WITNESS WMREOF, the Declarant has executed this instrument on the date
following the signature below.
Dated:
Name
STATE OF MAHO
)ss
COUNTY OF
On this 13"'day of June2012,before me,the undersigned,a Notary Public in and for
the State of Idaho, personally appeared Edwin Don Rubble known or identified to me to be
the person whose name is subscribed to this instrument and acknowledged that he executed
the same.
IN WITNESS WIMREOF,I have hereunto set ray hand and affixed my official seal
the day and year first above written.
4q� 0"
NflTARDr -NOTARY PUBLIC FOR THE STATE OF IDAHO
Residing at:Boise ED
*A PuBuo My Commission expires:10-01-2015
'1 .0 E.V.....*"-
OF
DECLARATION Of RESTRICTIVE COVENANTS
OF SOU*I7HSHORE SUBDIVISION NO.2,Page 26