AGREEMENT

The important elements of the Agreement are listed below.The Board and Western Land signed this Agreement April 27, 2004.

Access Easement Granted to Western Land. The Board hereby grants to Western Land, its successors and assigns, a permanent easement over the road owned by the Board, which is located in part within Duquette Pines Subdivisions Nos. 1, 2, and 3 and is shown on Instrument Nos. 76381, 90161, and 91626, Boise County Recorder’s Office as “Meadow Drive”, to provide Western Land, its successors and assigns, access to all of Duquette Pines Division No. 4.

Access Easement Granted to Board. Western Land hereby grants to the Board, its successors and assigns, a permanent easement over the road owned by Western Land, which is located in part within Duquette Pines Subdivision No. 4 and is shown on Instrument No. 184014, Boise County Recorder’s Office as “Meadow Drive”, to provide the Board, its successors and assigns, access to homes and lots within Duquette Pines Division Nos. 1, 2, and 3.

Road Maintenance Assessments. As of the date of execution of this agreement through the end of 2004, Western Land shall turn over to the Board all homeowner road assessments hereafter collected from Duquette Pines Division No. 4 lots that are not owned by Western Land. The parties agree and understand that current homeowner road assessments for the aforementioned lots are $300 per lot, and that Western Land shall not be required to pay road assessments for lots still owned by Western Land. Western Land agrees to collect and enforce overdue road assessments for the aforementioned lots as provided in the Declaration of Protective Covenants, Restrictions and Easements for Duquette Pines Division No. 4.

Beginning in January 2005, the Board shall be responsible to bill and collect all homeowner road assessments for lots in Duquette Pines Division No. 4 as is provided in the Declaration of Protective Covenants, Restrictions and Easements for Duquette Pines Division No. 4. The parties understand and agree that road assessments after 2005 may be renegotiated on the basis of the actual costs that are necessary to maintain all roads in Duquette Pines Division Nos. 1,2,3 and 4. Western Land shall not be required to pay road asessments for lots within Duquette Pines Division No. 4 that continue to be owned by Western Land (with the understanding that Western Land intends to sell all of the lots it owns within Duquette Pines Division No. 4).

Road Maintenance. Until January, 2005, Western Land shall be responsible for maintenance (including snowplowing) of the roads in Duquette Pines Division No. 4. Beginning on January 1, 2005, the Board shall be responsible for maintenance (including snowplowing) of the roads in Duquette Pines Division No. 4.

Provision of Water to Specified Division No. 4 Lots. The Board will provide water from its water delivery and distribution system to the following twelve listed lots: Block 3, Lots 1, 2, 5, 9, 11, 13, 15, 16, 18, 20, 22; Block 5, Lot 1.
Any lot within Duquette Pines Division No. 4 receiving water from the Board shall be subject to the same restrictions regarding water use as are all lots in Duquette Pines Subdivision Nos. 1, 2, and 3, unless otherwise provided by the Board.

Specified Division 4 Lots Subject to Water Use Restrictions. The Board shall bill any lots which are part of Duquette Pines Subdivision No. 4 for the water that is provided those lots. The Board agrees to collect all water assessments for the Duquette Pines Subdivision No. 4 lots which are provided water by the Board, provided, however, that Western Land shall not be required to pay water assessments to the Board for any lots that Western Land continues to own.

No Well Drilled in Proximity to Water System. Western Land agrees for it, its successors and assigns, that no well will at any time be drilled on Lot 22, Block 3, Duquette Pines Division No. 4 within 300 feet of the eastern boundary of Lot 22 which runs from southwest to northeast, and which boundary is described by L115, L117 and L118 on the plat recorded as Instrument No. 184014 in the Boise County Recorder's Office. It is understood by the parties that the purpose of this provision is to prevent interference with the well and water system operated by the Board which may be caused by any well drilled upon Lot 22, Block 3, Duquette Pines Division No. 4.

Execution of Quitclaim Deed and Grant of Easement to Access Water Delivery and Distribution System. Western Land shall execute the Quitclaim Deed attached hereto as Exhibit B. In addition Western Land hereby grants to the Board, its successors, heirs and assigns, forever, an interest in the existing easement 50 feet in width as shown on Instrument No. 184014, Boise County Recorder's Office, to access, maintain and/or replace any and all parts of the water delivery and distribution system contained in part upon Block 3, Lot 24, Duquette Pines Division No. 4. Such existing easement crosses Lots 25 and 26, Block 3, Duquette Pines Division No. 4 as shown on Instrument No.184014, Boise County Recorder's Office.

Western Land to Decide Whether it Desires Division No. 4 to Join Board. At such time as Western Land has sold 90% of the lots in Duquette Pines Division No. 4 (or at such earlier time as Western Land, at its option, desires), Western Land shall determine whether it desires that Duquette Pines Division No. 4 will be annexed into the Board as is contemplated by Section 1.3 of the Declaration of Protective Covenants, Conditions, Restrictions and Easements for Duquette Pines, Division No. 4, and shall inform the Board immediately of its decision. Thereafter, the Board, at its option, shall determine whether to annex Duquette Pines Division No. 4. In any case, Western Land reserves all rights it has as the declarant for Duquette Pines Division No. 4 until the anticipated merger with the Board is complete or any other applicable final agreements are reached between the parties herein.

Fire Suppression Tank Purchase and Installation. The Board and Western land shall jointly install a fire suppression tank of ten thousand gallons in size on Lot 24, Block 3 of Duquette Pines Division No. 4. The tank as installed shall meet potable water requirements and shall be connected to the existing water system for Duquette Pines Division Nos. 1, 2, 3 and the lots specified in paragraph 4 herein and DP #4, Block 1, Lots 1, 3, 4 and Block 3, Lot 23 (these are the four lots previously approved for water) . Duquette Pines shall be responsible for one-half of the purchase cost of such tank and fittings. Western Land shall be responsible for one-half of the purchase cost of such tank and fittings, and shall supply the labor and equipment necessary for its installation. Installation shall be complete by approximately July 30, 2004. The Board shall retain ownership of the installed tank.

 

QUIT CLAIM DEED (Exhibit B)

GRANTOR, WESTERN LAND CO., an Idaho Corporation, for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby REMISE, RELEASE and forever QUITCLAIM, unto DUQUETTE PINES ARCHITECTURAL CONTROL BOARD, INC., as GRANTEE, and to Grantee's successors, heirs and assigns, forever, all of its interest in the following described real estate, situate in the County of Boise, State of Idaho, to-wit:

1. THE EXISTING WATER DELIVERY AND DISTRIBUTION SYSTEM FOR THE PLATTED SUBDIVISIONS KNOWN AS DUQUETTE PINES DIVISION NOS. 1, 2, 3 AND 4, TOGETHER WITH ALL FITTINGS, FIXTURES, WELLS, AND APPURTENANCES THERETO.

2. BLOCK 1, LOT 2, DUQUETTE PINES DIVISION NO. 4 (lot with generator shed)

3. BLOCK 1, LOT 1, DUQUETTE PINES DIVISION NO. 4 (adjoining lot)

TOGETHER with all tenements, hereditaments and appurtenances thereunto belonging, including, but not limited to buildings, generators and water diversion and distribution system implements which are attached to wells located on any of the foregoing described real property.

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