HomeMy WebLinkAboutL_Amended_and_Restated_Longacres_CCRS_240104_v1Instrument Number: 20211217001287 Document:AMND Rec: $273.50 Page-1 of 71
Record Date:12/17/2021 3:31 PM
Electronically Recorded King County, WA
Return Address
Boeing Law Department
Attn: Real Estate Counsel
7755 E. Marginal Way S, MC 11-XT
Seattle, WA 98108
Document Title(s) (or transactions contained therein):
AMENDED AND REST A TED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
Reference Number(s} of Documents assigned or released: 20151211001279
(on page l ofdocuments(s))
Grantor(s) (Last name first, then first name and initials):
I. Longacres Park, Inc.
2.
Grantee(s) (Last name first, then first name and initials):
71 Pages
1.
2.
Longacres Park, Inc. lSTAM
\ 0 '--, 45 2.-(o
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Lots 1-8, 11-14, 17. 20-26, Trs A, B, E Boeing Longacres Property BSP, V; Tr H, LLA #LUA 07-068-
LLA, rec. 20070911900008
Sec 24 Twp 23 Rg 4E. NH SE, SH NE
Lots 16A, 18A, Tract I, LLA No. LUA15-000850-LLA, Rec. 20151224900008
Lot X, LUA 16-00007, Rec. 2016042000004 l
Full legal is on Exhibit B of document.
Assessor's Property Tax Parcel/Account Number
088670-0010;088670-0020;088670-0030;088670-0040;088670-0050;088670-0060;088670-0070;
088670-0080;088670-0110;088670-0120;088670-0130;088670-0140;088670-0170;088670-0200;
088670-0210; 088670-0220; 088670-0230; 088670-0240; 088670-0250; 088670-0260; 088670-0360;
088670-0370; 088670-0400; 088670-0350; 242304-9048; 242304-9050; 242304-9052; 242304-9055;
242304-9071; 242304-9022; 088670-0160; 088670-0180; 088670-0090: 088670-0100
Instrument Number: 20211217001287 Document:AMND Rec: $273.50 Page-2 of 71
Record Date:12/17/2021 3:31 PM King County, WA
AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
This Amended and Restated Declaration of Covenants, Conditions and Restrictions
(''Declaration") is made this 17th day of December, 202 I by Longacres Park, Inc., a
Washington corporation ("Declarant"). This Declaration amends and restates that certain
Declaration of Covenants, Conditions and Restrictions dated December 11, 2015 and
recorded in the records of King County. Washington under King County Recording No.
20151211001279 (·'Original Declaration").
PREAMBLE
(a) Declarant is the owner of the property commonly known as Longacres Park.
In approximately 1991, The Boeing Company, a Delaware corporation ("Boeing") acquired
Declarant. Following such acquisition, Declarant leased Longacres Park to Boeing. Boeing
developed and operated office buildings and related non-industrial and non-manufacturing
improvements on the Longacres Park property in the subsequent years for use in Boeing's
operations.
(b) In 20 I 5. in anticipation of the sale of a portion of the Longacres Park property
and the potential sale of other portions of the Longacres Park property, Declarant prepared
and recorded the Original Declaration for the principal purposes of (i) providing for the
orderly development and operation of the Longacres Park property, and (ii) sharing the
benefits and burdens of certain common infrastructure. amenities and tracts, which, to date,
has been limited to storm and surface water drainage.
(c) The legal description attached as Exhibit B to the Original Declaration that
purported to identify all property subject to the Original Declaration inadvertently included
certain property legally described in EXHIBIT D that Declarant had conveyed to Sound
Transit prior to recording of the Original Declaration ("Sound Transit Property") and, as a
consequence, the Sound Transit Property is not encumbered by the Original Declaration.
(d) In 2015, Declarant sold certain portions of the Longacres Park property
legally described in EXHIBIT E to Ryan-GHC Two, LLC, which subsequently deeded such
property to Kaiser Foundation Health Plan of Washington ("Kaiser Lot").
(e) In 2017, two Consents to Certain Uses under Declaration of Covenants,
Conditions and Restrictions each by and among Longacres Park, Inc., Ryan-GHC Two, LLC;
and Ryan Companies US, Inc and dated as of July 31, 2017 were recorded in King County,
Washington under King County Recording Nos. 20170809001593 and 20170809001594 to
address certain matters related to development of the Kaiser Lot ("2017 Kaiser Consents")
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(0 Declarant is now intending to sell its remaining interests in the Longacres
Park property to entities affiliates with Unico Investment Group LLC ('"Unico Property"),
and desires in connection with such sale (i) to simplify and limit the scope of the Original
Declaration with respect to the Unico Properties, (ii) to clarify that the Sound Transit
Property is not subject to the Original Declaration or this Declaration, and (iii) to ensure that
certain provisions of the Original Declaration and the 2017 Kaiser Consents continue to
apply to the Kaiser Lot only.
NOW, THEREFORE, Declarant hereby declares and agrees that each and all of the
Lots within the Property encumbered by this Declaration from time to time are held and shall
be held, conveyed, hypothecated, encumbered, leased, used, occupied and improved subject
to the following covenants. conditions and restrictions, all of which are declared and agreed
to be equitable servitudes in furtherance of a plan for the subdivision, improvement and sale
of all of the Lots within the Property, and are established and agreed upon for the purpose of
enhancing and protecting the value, desirability and attractiveness of every part of the
Property. All such covenants, conditions and restrictions shall run with all of the Lots within
the Property and each part thereof. and shall be binding upon. and shall be for the benefit of,
Declarant and, subject to such limitations as may from time to time be expressly set forth
herein, each Owner of each Lot within the Property or any right, title or interest therein or
any part thereof, and all of their heirs, successors and assigns. All of such covenants,
conditions and restrictions, subject to such limitations as may from time to time be expressly
set forth herein, are made for the direct mutual and reciprocal benefit of each and every Lot
and every portion thereof, and shall create, subject to such limitations as may from time to
time be expressly set forth herein, reciprocal rights and obligations and privity of contract
and estate between the respective Owners of all the Lots and their heirs, successors and
assigns.
Exercising its rights as Declarant and as the holder of more than seventy-five percent
(75%) ofthe Total Entitlement under the Original Declaration to amend the Original
Declaration under Section lO(b) of the Original Declaration, Declarant hereby further
declares that, effective as of the date this Declaration is recorded ("Effective Date"). this
Declaration amends. restates, supersedes and replaces the Original Declaration in its entirety
and the Original Declaration is terminated and shall have no further force or effect.
NOTWITHSTANDING THE FOREGOING OR ANYTHlNG ELSE TO THE
CONTRARY HERElN, (i) the 2017 Kaiser Consents are not amended, restated, superseded,
or replaced by this Declaration, (ii) the 2017 Kaiser Consents continue to be in full force and
effect and bind and run with the Kaiser Lot for the benefit ofLongacres Park, Inc., The
Boeing Company and the other persons and entities referred to in Sections 4 and/or 5 of the
2017 Consents, (iii) the 2017 Kaiser Consents may not be amended, restated, superseded, or
replaced, except with the prior written consent of The Boeing Company, (iv) the Original
Declaration shall remain in effect only with respect to the Kaiser Lot and only insofar as is
necessary to interpret the 20 I 7 Kaiser Consents, (v) the Original Declaration and the Kaiser
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2017 Consents have no force or effect on the Unico Property or the Sound Transit Property,
and (vi) the Sound Transit Property is not subject to this Declaration.
1. DEFINITIONS
The terms defined in this Section 1 shall, for all purposes of this Declaration, have the
meanings herein specified.
"'Affiliate" means any (a) Person directly or indirectly controlling, controlled by or
under common contro1 with another Person; (b) any Person beneficially owning or
controlling 10% or more of the outstanding voting securities of such other Person; ( c) any
officer, director, member, partner, employee or agent of such other Person; {d) if such other
Person is an officer, director. member. or partner. any company or entity for which such
Person acts in any such capacity; or (e) any relative or spouse, and any relative of the spouse,
of such other Person.
"Articles" means the Articles oflncorporation of the Association, as they may from
time to time be amended, modified or supplemented.
"Assessments" means Regular Assessments, Special Assessments and any other
dues, fees, penalties, fines, charges, interest and other amounts (including each installment
thereof) payable by any Owner to the Association as provided herein.
"Association" means the nonprofit mutual corporation, to be incorporated by
Declarant under the laws of the State for the purpose of exercising the powers and functions
set forth in Section 8 with respect to the Property, and its successors and assigns, if but only
if the Declarant elects to form the Association as provided in Section 7(z).
"Binding Site Plan" means the Second Amended Binding Site Plan No. LUA-02-
022-BSP, approved by the City, and recorded in the office of Records and Elections of King
County, Washington, on May 4, 2005. under Recording No. 20050504000673, as the same
may be amended with the consent of the Declarant. This definition only applies to the Kaiser
Lot.
"Board" means the Board of Directors of the Association.
"Building·· means any occupiable structure constructed on any Lot in the Property.
This definition only applies to the Kaiser Lot.
·'Bylaws" means the Bylaws of the Association, as they may from time to time be
amended, modified or supplemented.
"City" means the City of Renton, State of Washington.
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"Common Area" means, unless and until such time as it is dedicated to the City or
otherwise for public use, areas occupied by the pond and other storm water drainage facilities
described in EXHIBIT C attached hereto and incorporated herein by this reference, which
shall be conveyed to and owned by the Association for the common use and enjoyment of the
Owners for the purpose of providing storm and surface water drainage and management to
the Lots, in both cases together with all driveways, paved areas, pathways, sidewalks, fences,
screening walls, retaining walls, plantings, planted trees and shrubs, irrigation and drainage
pipes and fixtures, catch basins or other devices for the collection and/or detention of storm
water runoff, and any other structures, improvements, equipment. fixtures. objects used in the
maintenance or operation of such storm and surface water drainage facilities.
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"Common Expenses" means the actual and estimated costs of:
(i) Maintenance, management, operation, repair, replacement, alteration
and improvement of the Common Area including, without limitation, the cost of
materials, labor and supplies, utilities, landscaping, cleaning, pest control and hiring
of outside contractor services;
(ii) Assessments owing from any Owners(s) which remain unpaid for a
period of more than thirty (30) days after the same were due and payable (which
thereafter may be assessed as Regular Assessments or Special Assessments, at the
sole election of the Association from time to time);
(iii) Management and administration of the Association, including, but not
limited to, compensation paid by the Association to managers, accountants, outside
auditors, attorneys, consultants and employees;
(iv) Casualty, liability, workers' compensation, fidelity and directors' and
officers' liability insurance;
(v)
(vi)
the Board;
Any other insurance obtained by the Association;
Reasonable reserves as provided herein or as deemed appropriate by
(vii) Bonding of the Directors, officers of the Association, any professional
managing agent or any other Person handling the funds of the Association;
(viii) Taxes paid by the Association:
(ix) The discharge of any lien or encumbrance levied against the Common
Area or any portion thereof; provided, however, that such lien or encumbrance is
secured solely by or applies solely to the Common Area or any portion thereof:
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(x) Any licenses or permits needed for the Common Area;
(xi) Obligations incurred by committees established by the Board; and
(xii) Other expenses (a) incurred by the Association for any reason
whatsoever in connection with the Common Area or in connection with any other
item or items designated by the Governing Documents or (b) incurred in furtherance
of the purposes of the Association or in the discharge of any duties or powers of the
Association.
"County'' means the County of King, State of Washington.
"Declarant" means Longacres Park, Inc. for as long as Longacres Park, Inc. owns
any portion of the Property and any Person who succeeds to all or any portion of the
Declarant's rights and obligations hereunder pursuant to a written instrument recorded
against the Property. In the event that at any time hereafter any Person other than Longacres
Park, Inc. becomes the Declarant, such Person shall have only those rights, preferences and
privileges hereunder as may be reserved or granted in the recorded instrument by which such
Person became the Declarant.
"Declaration" means this Amended and Restated Declaration of Covenants.
Conditions and Restrictions, as it may from time to time be amendeJ. modified or
supplemented. Such amendments, modifications and supplements are hereby incorporated
herein and made a part hereof.
"Directors" means the directors of the Association who together constitute the Board.
"Effective Date" is defined in the last paragraph above Section I .
"Entitlements" means all governmental, special district and public utility approvals.
decisions, resolutions, ordinances, permits, agreements, conditions, requirements, exactions.
entitlements, reports, maps, plans, documents, determinations and orders (including without
limitation with regard to any and all environmental matters), heretofore or hereafter from
time to time adopted, amended, modified or supplemented by a governmental authority with
jurisdiction over such matters, expressly governing, affecting or relating to the organization.
zoning, use, development, improvement, operation or ownership of the Property, or any
portion thereof, including, without limitation, (a) any and all conditions to approval of the
Binding Site Plan and the permits and agreements identified on EXHIBIT F attached hereto
and by this reference incorporated herein (and any amendments from time to time thereto), as
from time to time amended in accordance with the applicable provisions contained therein.
(b) further including without limitation any and all development agreements for all or any
portion of the Property entered into by Declarant and the City pursuant to RCW 36.70B.170
through 120 (or any successor provisions). with all amendments and modifications thereto,
and ( c) further including without limitation any and all limitations regarding peak traffic
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generation. maximum floor area ratios, maximum Improvements square footage and/or
maximum Building footprints. This definition only applies to the Kaiser Lot.
The Association and each Owner and Occupant of any portion of the Kaiser Lot shall
fully and faithfully comply with and conform to the Entitlements. Except as Declarant shall
otherwise agree in writing with another Owner, or the Association, Declarant with respect to
the Kaiser Lot shall retain all rights under the Entitlements to credits against or refunds of
mitigation fees. payments in respect of the dedication of property to the City, and other forms
of compensation and consideration paid. allowed or otherwise made available by the City or
others.
"'Fiscal Year" means the fiscal year of the Association, which shall be the calendar
year; provided, however, that the Fiscal Year shall be subject to change from time to time as
the Board may determine.
"Governing Documents" means this Declaration. the Articles, the B:, \a\\S, the Rules,
the Improvements Maintenance Standards and any other documents governing the operation
of the Association, the use of the Lots or the Common Area or the maintenance and repair of
the Lots and Improvements, as from time to time amended, modified or supplemented. Each
Owner and each Occupant shall fully and faithfully comply with and conform to the
Governing Documents.
"Improvement(s)'' means all structures, improvements, equipment, fixtures, objects
used for decorative or incidental purposes, and construction of any kind on any Lot (but
excluding any improvements to or on the Common Area), whether above or below the land
surface, whether permanent or temporary. including without limitation, Buildings. utility
lines, driveway, paved parking areas, pathways, fences, screening walls, retaining walls,
plantings, planted trees and shrubs. irrigation and drainage pipes and fixtures, catch basins or
other devices for the collection and/or detention of storm water runoff. lighting fixtures and
signs.
''Improvements Maintenance Standards'' means the standards, if any, adopted by
the Declarant or Association from time to time for the maintenance and repair of the exterior
of the Buildings. landscaping, signs and other Improvements on any Lot, as they may from
time to time be amended, modified or supplemented in accordance with the requirements of
this Declaration. Declarant may elect at any time in its sole and absolute discretion to assign
in writing to the Association the right to adopt, amend. repeal or supplement the
Improvements Maintenance Standards, but until such assignment by Declarant in writing, the
Association and/or the Board shall have no right(s) or powers whatsoever to adopt, amend,
repeal or supplement the Improvements Maintenance Standards. In any event, effective as of
the Transition Date, Declarant's rights under this section shall be deemed to have been
transferred and assigned to the Association, and no further documentation or instruments
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shall need to be executed or recorded in order to evidence such transfer and assignment.
Such Improvements Maintenance Standards are hereby incorporated herein and made a part
hereof.
"Lot" means each of ( i) Lots 1 through 26, inclusive, (ii) Parcels I (for the avoidance
of doubt. the number one). I, J, K, Land M, and (iii) Tracts A, B, C, E, and H, each as
generally depicted on EXHIBIT A and legal described in EXHIBIT B. When used with a
designating number (for example, "Lot 1 ") or letter (for example, "'Tract B"), "Lot" shall
mean the lot or tract with such designating number or letter as shown on EXHIBIT A. The
term "Lot" includes any lot, parcel, or tract resulting from any lot line adjustment, including
any adjustment that divides a lot, combines or more Lots, or alters the boundaries between
two or more Lots.
"Majority of the Owners'" means Members holding Member Voting Entitlements,
that in the aggregate, represent more than fifty percent (50%) of the Total Vote Entitlements
(minus any votes forfeited in accordance with Section 5(c) hereof).
"Member Voting Entitlement'' is defined in Section 5(b) below.
··Mortgage" means a deed of trust or mortgage recorded against any Lot or Lots.
"Mortgagee'' means a beneficiary under or holder of a deed of trust or mortgagee
under a Mortgage recorded against any Lot or Lots.
"Occupancy" means such time as the City shall issue the first of either a temporary
or permanent certificate of occupancy or equivalent.
"Occupant" means and refers to, collectively, the Owner and any other Person or
Persons entitled, by ownership, leasehold interest or other legal relationship, to occupy all or
any portion of any Lot or Building.
"Owner" means the Person or Persons holding record fee title to a Lot (including. as
applicable, Declarant, but excluding any Person holding such interest merely as security for
the performance of an obligation, and further excluding the Association), and their respective
heirs, successors and assigns. In the event that the ownership of a Building on any Lot shall
ever be severed from the ownership of such Lot, then only the Person holding title to the Lot
shall have the rights of an Owner hereunder (including, without limitation, membership in
the Association): provided, however, that both the Person holding title to the Lot and the
Person holding title to the Building shall be jointly and severally liable for the performance
of all duties and obligations of an Owner under the Governing Documents.
··Permittees" means all Occupants and all customers, patrons, employees,
concessionaires and other business invitees of such Occupants.
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''Person" means any individual. partnership. corporation. limited liability company,
trust, estate or other legal entity.
"Property" means the property generally depicted in EXHIBIT A and described in
EXHIBIT B.
"Regular Assessments" means those Assessments to be charged against any or all
Lots as provided in Section 6 hereof.
"'Rules" means the rules and regulations, if any. adopted by the Board for the
operation and use of the Common Area and any other property (whether real or personal)
owned by the Association. as they may from time to time be amended, modified or
supplemented. Such Rules are hereby incorporated herein and made a part hereof.
"Special Assessments" means those Assessments to be charged against any or all
Lots as provided in Section 6 hereof.
"Square Foot;' "Square Feet" or ··square Footage" means the gross square footage
of each Lot.
"State" means the State of Washington.
"Total Voting Entitlement" is defined in Section 5(b ).
·'Transition Date" means the (i) the date on which Declarant, in its sole discretion,
elects to record a notice of termination of its rights as Declarant under this Agreement, or (ii)
at any time ,vhen no such notice has been filed by Declarant, the first date on which
(A) Declarant (including any successor Declarant to which Declarant's rights have been
assigned) ceases to own any Lots, which may occur on the date of closing of the sale of the
last Lot to a third party purchaser, or the date that the final Declarant Sale Lot ceases to be a
Declarant Sale Lot and irrevocably becomes a Lot that is treated like all other Lots under this
Declaration (as described in the definition of "Declarant Sale Lot'' set forth above) and
(B) the Buildings and other Improvements to be constructed on all of the Lots to permit the
initial use and occupancy by the Owner or Occupants thereof have been completed.
For purposes of clause (ii) of the definition of Transition Date, Declarant shall be
deemed to own property if such property is owned by Declarant or any Affiliate of Dec1arant.
For purposes of clause (B) of the definition of Transition Date, development is
presumed to be permitted on every Lot, except Tracts A, B, E, and H.
Effective as of the Transition Date, except as otherwise set forth herein, and except
for any obligations or liabilities arising from or related to Declarant's breach of its
obligations under this Declaration, Declarant's rights and obligations as Declarant under this
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Declaration shall automatically transfer to the Association, and in the event that Declarant or
its Affiliates continues to own a Lot after the Transition Date, Declarant and its Affiliates
shall be deemed and treated identically to any other Owners.
"Voting Member" means the Owner of a Lot, or in the event more than one Person
owns a Lot, to the Person designated as the Voting Member in writing by the Lot Owners.
Lots owned by the Association, if any, shall not have a Voting Member.
2. REGULATION OF IMPROVEMENTS ON THE KAISER LOT
(a) Applicability
Notwithstanding anything to the contrary herein, the covenants, conditions,
restrictions and other obligations set forth in this Section 2 shall apply solely and exclusively
to the Kaiser Lot and shall not apply to the Unico Property or any other property.
(b) Concept
The concept of this Declaration is to provide for individual Buildings and other
Improvements (including without limitation landscaping} on the Kaiser Lot, which shall
relate to one another through careful site planning and site development approved by
Declarant as set forth in Section 4 hereof, resulting in continuity for the entire Property. In
case Declarant's approval is required or requested under this Section 2 or under Section 3,
any such approval shall be requested, given and otherwise governed by the provisions of
Section 4 hereof.
(c) Zoning
Development of the Kaiser Lot is and shall be subject to all zoning regulations of the
City and other municipal ordinances, regulations and conditions applicable to the Kaiser Lot
by virtue of governmental approval(s) of the Kaiser Lot and subdivision application(s) from
time to time, and any amendments thereto, to the extent that each Owner of any or a portion
of the Kaiser Lot is subject thereto, except where more restrictive requirements are imposed
by the Entitlements or this Declaration. Development and ownership of Kaiser Lot shall
further be subject, as applicable, to future land use and environmental matters affecting the
Property, as provided in Section 12(c) hereof, to the extent that each Owner of any portion of
the Kaiser Lot is subject thereto.
( d) Corn pletion of Construction
After commencement of construction of any Building or other Improvements on any
portion of the Kaiser Lot, the work thereon shall be diligently prosecuted (within the
limitations imposed under the Binding Site Plan, the Entitlements and Section 20) hereof)
such that the Building or other Improvements shall not remain in a partly finished condition
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any longer than is reasonably necessary for completion thereof, employing diligent,
commercial construction efforts at all times during which construction is reasonably feasible.
PAGE 10
(e) Excavation and Drilling
(1) Except as provided in Section 2(e)(2) below, no excavation on any
portion of the Kaiser Lot shall be made except in connection with:
(A) The construction or maintenance of an approved Improvement;
provided, however. that upon completion thereof exposed openings shall be
backfilled and disturbed ground shall be graded and leveled;
(B) The conduct of any environmental site assessment of any
Kaiser Lot by any prospective Owner, Owner, Mortgagee or prospective
Mortgagee: provided. however. that upon completion thereof any exposed
openings shall be backfilled and disturbed ground shall be restored to the
condition existing prior to the commencement of such activity;
(C) The conduct of any soils remediation on any portion of the
Kaiser Lot as required by any federal, State, local or County agency:
provided, however, that upon completion thereof any exposed openings shall
be backfilled and disturbed ground shall be restored to the condition existing
prior to the commencement of such activity.
(2) Prior to the installation or construction of any foundations or slabs for
any Improvements on any portion of the Kaiser Lot, Owner or Occupant shall over-
excavate soil within the footprint of any Improvement and within ten ( I 0) feet of the
outer perimeter of any new foundation or slab for such Improvements; soil shall be
over-excavated to a depth of not less than three (3) feet. Following such excavation,
the Owner or Occupant shall be responsible to compact the soils within the excavated
area. The Owner or Occupant shall provide to the Declarant documentation
demonstrating that such activity has been properly undertaken and completed
promptly upon the completion of such activity.
(3) At no time shall an Owner, Occupant or any other Person drill or
permit to be drilled on any portion of the Kaiser Lot any hole or sink any pipe for the
purpose of obtaining or removing water, oil, gas or any minerals or substances from
the land, except:
(A) as required by any federal, State, local or County agency in an
environmental remediation action:
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PAGE 11
(B) in connection with the conduct of any commercially reasonable
environmental assessment of any portion of the Kaiser Lot by any prospective
Owner, Owner, Mortgagee or prospective Mortgagee; or
(C) in connection with the construction or maintenance of an
approved Improvement on any portion of the Kaiser Lot.
(t) Landscaping and Irrigation
The following landscaping restrictions shall apply to the Kaiser Lot:
( I) All Kaiser Lots or portion thereof on which a Building shall have
been placed shall be landscaped and irrigated in accordance with plans submitted to
and approved by (i) Declarant, or (ii) after the Transition Date, the Board or such
committee as may be established by the Board for such purpose. All landscaping and
irrigation with respect to each Building on any portion of the Kaiser Lot shall be
installed within sixty (60) days after Occupancy or substantial completion of
construction of such Building, whichever occurs first. For purposes of this
Agreement. "substantial completion of construction" shall mean issuance of a
certificate of occupancy for the entire Building, or the equivalent authorization issued
by the governmental body having jurisdiction and, in the event the jurisdiction in
question no longer issues a certificate of occupancy or its equivalent, "substantial
completion of construction" shall mean substantial completion, finishing and
equipping of the Building according to the plans and specifications therefor approved
by Declarant and the applicable governmental building department.
(2) Landscaping and irrigation equipment, supplies and above surface
pipes and installations on any portion of the Kaiser Lot shall be screened in a
commercially reasonable fashion from the ground-level view of any Lot, Common
Area or public street.
(3) All planting and irrigation installations on any portion of the Kaiser
Lot shall be maintained in a neat and orderly fashion. In the event Declarant, the
Board, or any committee established by the Board for such purpose determines that
any Kaiser Lot is not being properly maintained, correction work shall be
accomplished within thirty (30) days of receipt of notice from Declarant, the Board,
or such committee of any directions with regard to maintenance.
(4) The following criteria shall be deemed minimum maintenance
standards for any portion of the Kaiser Lot:
(A)
debris;
All planting areas shal1 be kept reasonably free of leaves and
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(8) Lawns and ground cover shall be mowed and/or trimmed
regularly;
(C) All plantings shall be kept in a healthy and growing (until
mature) condition. Fertilization, cultivation, weeding, spraying, trimming and
pruning shall be performed as part of a regular maintenance program, with all
such activities to be carried out in accordance with applicable environmental
laws;
(D) Stakes, guys and ties on trees shall be checked regularly to
ensure the correct function of each. Ties shall be adjusted regularly to avoid
creating abrasions or girdling of trunks or stems;
(E) Damage to plantings caused by vandalism, automobiles, acts of
nature or any other cause shall be corrected by the individual Lot Owner
within thirty (30) days of occurrence to the condition as such plantings were
in immediately before the damage occurred. All types and sizes of plantings
visible from public rights of way or the Common Area shall be approved by
Declarant or, after the Transition Date, the Board, or any committee
established by the Board for such purpose; and
(F) Irrigation and drainage systems and water features, including
but not limited to retention and detention ponds and bioswales, shall be kept in
a safe, clean, orderly, neat and properly working condition. Adjustment,
replacement of malfunctioning parts and cleaning of systems shall be
performed as part of a regular maintenance program.
(g) Signs
The following sign restrictions shall apply to the Kaiser Lot:
(1) Signs must comply with all applicable zoning and other laws and
regulations of the City and shall be approved by Declarant or, after the Transition
Date. the Board, or any committee established by the Board for such purpose. No
part of any sign placed on a Building shall be higher than the parapet of such
Building. No moving signs or signs with moving parts or blinking lights shall be
allowed. The lighting of all signs shall comply with section 2(i) of this Declaration.
(2) Except with respect to any signs or monuments erected by Declarant
or the Association on the Common Area, no billboard, display, identification,
monument or advertising sign shall be permitted on any portion of the Kaiser Lot or
Buildings located thereon, other than the following:
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(A) Those identifying the name and business products of the
Occupant of the premises;
(B) Those offering the premises for sale or lease, but for not longer
than eighteen ( 18) months. without the prior written consent of the Declarant,
or after the Transition Date, the Board, or any committee established by the
Board for such purpose, such consent not to be unreasonably withheld~
(C) Those identifying the names of the businesses engaged in
construction upon the Lot, but for not longer than eighteen (18) months; and
( D) Any signs reasonably necessary to direct traffic or pedestrians
on a Lot or within a Building, or reasonably necessary for the secure operation
of the business or activities conducted on a Lot in accordance with this
Declaration.
(3) All such billboards, displays, identifications, monuments and
advertising signs shall be only of such size, design and color as shall have been
specifically submitted to and approved by Declarant, or after the Transition Date. the
Board, or any committee established by the Board for such purpose, in writing rrior
to the erection or installation of said billboard, sign, display, identification. monument
or advertising sign.
(4) Notwithstanding the foregoing. Declarant shall be entitled to place
upon any Kaiser Lot owned by Declarant or an Affiliate of Declarant such offices and
signs as Declarant shall reasonably deem necessary or convenient in connection with
Declarant's (or any affiliate of Declarant's) marketing and selling of the Lots and/or
Buildings and Improvements.
(h) Storage and Loading Areas and Service Entrances
The following restrictions on storage and loading areas and service entrances shall
apply to the Kaiser Lot:
PAGEl3
(1) No materials, supplies or equipment shall be stored in any area on any
portion of the Kaiser Lot except inside a closed building or, if approved in writing by
Declarant, or, after the Transition Date, the Board, or any committee established by
the Board for such purpose. behind a visual barrier screening such areas from the
ground-level view of any public street.
(2) Loading areas on any portion of the Kaiser Lot shall not encroach into
setback areas unless specifically approved in writing by Declarant or, after the
Transition Date, the Board, or any committee established by the Board for such
purpose.
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(3) Loading docks on any portion of the Kaiser Lot shall be set back and
screened and/or recessed to minimize the visual effect from the street. Loading docks
shall not encroach upon or extend into setback areas. Loading will not be permitted
in the setback area fronting the street, except as permitted in writing by Declarant or,
after the Transition Date, the Board, or any committee established by the Board for
such purpose. In no event, however, will loading areas, docks or facilities be located
or designed so as to necessitate backing maneuvers by vehicles into or on public
streets.
( 4) The number and type of service entrances required in each Building on
any portion of the Kaiser Lot shall be as approved by Declarant or. after the
Transition Date, the Board, or any committee established by the Board for such
purpose.
(i) Exterior Lighting
( l) All exterior lighting on any portion of the Kaiser Lot, including,
without limitation, the location, design, type and size thereof, is subject to the written
approval of Declarant or, after the Transition Date, the Board, or any committee
established by the Board for such purpose.
(2) Each Owner of any portion of the Kaiser Lot is encouraged to obtain
from Declarant, at such Owner's expense (and to provide to the Occupants of its Lot,
as applicable), a copy of the surface street lighting system plans for the Property. to
assist in evaluating overall site lighting needs.
(3) Exterior lighting on any portion of the Kaiser Lot shall be adequately
controlled to prevent glare and undesirable illumination of other Lots and public
streets.
( 4) Parking area lighting and walkway and landscape feature lighting for
Kaiser Lot are encouraged as necessary and desired for safety and aesthetic purposes;
provided, however, that all standards, fixtures and design criteria for such lighting
shall be subject to the approval of Declarant or, after the Transition Date, the Board,
or any committee established by the Board for such purpose.
G) Construction Regulations and Restrictions
( 1) Construction activities ( except for construction of interior tenant
improvements), on any portion of the Kaiser Lot shall be conducted between the
hours of7:00 a.m. and 9:00 p.m. only, or as otherwise approved by Declarant or, after
the Transition Date, the Board, or any committee established by the Board for such
purpose.
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(2) All Improvements on any portion of the Kaiser Lot shall be approved
by Declarant or, after the Transition Date. the Board. or any committee established by
the Board for such purpose, including, without limitation, all building orientation and
building massing. Notwithstanding the foregoing, such approvals shall not be
required for any modifications to improvements that do not materially alter the
location, size, footprint, quality of construction or exterior appearance of existing
Improvements. All Improvements on any portion of the Kaiser Lot shall in any case
conform to the Entitlements and all applicable City and other local, State and federal
laws. statutes, rules and regulations, to the extent each Owner is subject thereto.
(3) No mechanical equipment. apparatus, satellite dish or antenna shall be
placed on any portion of the Kaiser Lot above the roof line (which shall be measured
by the roof curb or parapet) of any Building, unless an exemption has been
specifically approved in writing by Declarant or, after the Transition Date, the Board.
or any committee established by the Board for such purpose.
(4) All exterior-building materials used in the construction of any
Improvement on any portion of the Kaiser Lot are subject to the written approval of
Declarant or. after the Transition Date, the Board, or any committee established by
the Board for such purpose.
(k) Utilities
Hookups for water (including, without limitation, hookups to existing or hereinafter
constructed waterlines of the City of Renton Department of Public Works), sanitary sewer,
storm water, gas, electricity and telecommunications, whether to main lines running under
the public right of way or otherwise, for any portion of the Kaiser Lot shall be the sole
responsibility of the Owner or Occupant of such Lots, and neither the Association nor
Declarant shall have any responsibility or liability in connection therewith.
(I) Maintenance
Each owner of the Kaiser Lot shall keep such Lots and all Improvements thereon in a
safe, clean. maintained, neat and operable condition.
3. REGULATION OF OPERATIONS AND USES ON THE KAISER LOT
(a) Applicability
Notwithstanding anything to the contrary herein, the covenants, conditions,
restrictions and other obligations set forth in this Section 3 shall apply solely and exclusively
to the Kaiser Lot and shall not apply to the Unico Property or any other property.
PAGE 1,
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(b) Permitted Uses
(1) Unless limited by the maximum Entitlements allocated to specific
Kaiser Lot or applicable zoning requirements, or otherwise prohibited herein, by the
Entitlements, or by covenant. deed or lease, any lawful use of the Kaiser Lot will be
permitted if it is performed or carried out entirely within a completely enclosed and
roofed Building that is so designed and constructed that the enclosed operations and
uses do not and will not cause or produce a nuisance or disturbance to Persons and
activities on other Lots and the public streets, including, but not limited tu. vibration.
sound, odor, electro mechanical disturbance and radiation, electromagnetic
disturbance and radiation, air or water pollution, dust and emission of odorous, toxic
or nontoxic matter.
(2) Upon notice to Declarant, reasonable exceptions to the provisions of
Section 3(b)(l) shall be made during reasonable periods oftime when the breakdown
of equipment on any portion of the Kaiser Lot occurs; provided, however. that such
breakdown was not reasonably preventable.
(3) Each Owner of any portion of the Kaiser Lot shall have the right to
lease all or any part of such Lots; provided, however, that all such leases shall be in
writing and shall contain provisions:
(A) stating that the lease is subject in all respects to the Governing
Documents;
(B) stating that any failure of the lessee to comply with each of the
provisions of the Governing Documents shall constitute a default under such
lease; and
(C) stating that the tenant under such lease shall use commercially
reasonable efforts to cooperate (at its sole expense} in programs which may be
undertaken by the Owner or Association independently, or in cooperation \\ ith
or as mandated by local municipalities or governmental agencies. or in
cooperation with other property owners in the vicinity of the Property, to
reduce peak levels of commuter traffic. Such programs may include, but shall
not be limited to, carpools, vanpools and other ride sharing programs, public
and private transit and flexible work hours.
( 4) Each Owner and Occupant of any portion of the Kaiser Lot hereby
agrees that it will use commercially reasonable efforts to cooperate in and comply
with (at its sole cost and expense) programs which may be hereafter undertaken by
the Association independently. or in cooperation with or as mandated by local
municipalities or governmental agencies, or in cooperation with other property
owners in the vicinity of the Property, to reduce peak levels of commuter traffic.
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PAGE 17
Such programs may include. but shall not be limited to, carpools, vanpools and other
ride sharing programs, public and private transit and flexible work hours. In addition,
each Owner and Occupant of any portion of the Kaiser Lot specifically agrees (at its
sole cost) to comply with and participate in any traffic mitigation plan(s) which may
now or hereafter be imposed by any government agency with jurisdiction over such
matters upon all or any portion of the Property.
(5) Vapor Barriers. Each_Owner or Occupant of any portion of the Kaiser
Lot shall, at their sole cost, construct all new buildings over a Conforming Vapor
Barrier. A Conforming Vapor Barrier is one that meets or exceeds the following
specification: Such vapor barriers will be specifically designed to mitigate potential
intrusion of vapor contaminants from the subsurface into the building or
structure. Moisture barriers alone shall not be considered sufficient to satisfy this
obligation. Declarant shall have the right but not the obligation to approve, prior to
commencement of construction of Owner's Improvement on any portion of the Kaiser
Lot, Owner1s working drawings for vapor barriers, which approval shall not be
unreasonably withheld or delayed provided the drawings comply with Washington
Department of Ecology or other reasonable environmental industry standards for
passive vapor barriers. Owner of any portion of the Kaiser Lot shall provide as soon
as practicable, but no less than thirty (30) days. written notice to Declarant before
commencing the installation of any vapor barrier and shall provide construction
quality assurance documentation to Declarant within thirty (30) days after completion
of such installation.
(c) Restrictions and Prohibited Uses
( l) No portion of the Kaiser Lot shall be used or developed in any way
which is inconsistent with any Entitlements.
(2) No Owner or Occupant of any portion of the Kaiser Lot shall cause,
suffer or permit on or from any Lot(s) owned or occupied by it any violation of any
federal, State or local law, ordinance, rule, regulation, order or decision (including
without limitation with respect to storm water control, runoff or accumulation or the
release or discharge of hazardous substances or materials into storm water control.
conduit or retention facilities).
(3) No Owner or Occupant of any portion of the Kaiser Lot shall cause,
suffer or permit with respect to any Lot(s) owned or occupied by it (other than due to
independent governmental action beyond such Owner's or Occupant's control) any
rezoning or other modification or increase in any Entitlements (including without
limitation maximum permitted building square footage. floor area ratio or peak traffic
generation) applicable to said respective Lot(s) as of the date of acquisition of same
by such respective Owner or Occupant, without (A) prior to the Transition Date the
prior written consent of Declarant and, if such rezoning or other modification or
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PAGELS
increase will have an adverse effect on any other Lot, affect any other Owner's or
Occupant's rights or obligations under this Declaration, the affected Owner(s) or (B)
after the Transition Date, the affirmative vote of Owners owning seventy-five percent
(75%) of the Total Entitlement. In no event shall any such rezoning or other
modification or increase violate any of the use restrictions or other restrictions and
covenants contained in this Declaration.
(4) The following uses are expressly prohibited in any and all portion(s) of
any and the Kaiser Lot:
(i) Residential uses, including without limitation single family
residences. multi-family residences, assisted living facilities, short-
term and long-term stay hotels and motels, trailer courts, and
boarding houses PROVIDED THAT short-term hotels on any
portion of the Kaiser Lot may be allowed with the written approval
of Declarant, such approval not to be unreasonably withheld if
appropriate vapor mitigation (meeting the requirements of Section
3(b)(5) of this Declaration) is employed.
(ii) Commercial uses that are not otherwise prohibited by this
Declaration are permitted on any portion of the Kaiser Lot only if
the entire structure in which they are located is sited above an
appropriate Conforming Vapor Barrier, or another method is
employed to adequately mitigate organic vapor (meeting the
requirements of Section 3(b)(5) of this Declaration), except that
vapor mitigation is not required for any portion of a building that is
sited above a below-grade or on-grade parking structure.
Reasonable evidence of compliance with this requirement must be
shown to Declarant. Nothing in this clause (2) is intended tu
permit any use that is otherwise prohibited by this Declaration.
(iii) Child care facilities, including day care facilities.
(iv) The vvithdra\\ al. use, consumption, or disposal of groundwater, or
any water from groundwater recharge basins or areas.
(v) No possession, transportation, production, or consumption of
alcohol, except that the sale of wine and beer for on-site
consumption that is associated with restaurants, sandwich shops or
catered events located within Buildings is permitted (and then only
to the extent permitted by the Entitlements). No tobacco use and
no use of e-cigarettes is permitted.
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PAGEl9
(vi) The sale, distribution, production, or display of pornographic,
obscene, or so-called "adult" literature, periodicals. movies, videos.
pictures, photographs, or the like.
(vii) The presentation of so-called "adult" entertainment.
(viii) The operation of a strip club, gentlemen's club. or an establishment
providing entertainment in the form of table or lap dancing.
(ix) The sale, distribution, or display of drug paraphernalia other than
by a medically licensed facility.
(x) (a) Hospitals: medical or dental clinics (including out-patient clinics)
or offices provided that out-patient clinics may be permitted with the
written consent of Declarant, which Declarant may grant, condition,
or withhold in its sole discretion, and (b) any establishment that
engages in the sale of marijuana (including medical and recreational
uses).
(xi) Schools. including nursery, primary, and secondary educational
institutions;
(xii) Distillation of bones; rendering of fat or animal tissues.
(xiii) Facilities for disposal or treatment, recycling or storage of garbage,
refuse, or hazardous or toxic materials or substances, including
without limitation junk, wrecking, or salvage yards, or dumping,
disposal, incineration or reduction of garbage, sewage, offal, dead
animals or refuse.
(xiv) Repairing or rewinding of transformers or generators, outdoor
storage of paving materials, outdoor storage of building materials, or
welding shops.
(xv) Facilities for the recycling of plastics, metals, or other materials.
(xvi) Any possession. use, generation, storage, handling, treatment,
transportation, recycling, reclamation, release, or disposal of any
Hazardous Materials at, in, on, under, above or from the Kaiser Lot.
As used in this Declaration, the term "Hazardous Material"
includes any material, substance, waste, chemical, compound.
constituent, mixture, or byproduct which is or becomes identified,
classified, defined, designated, listed, restricted or otherwise
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PAGE20
regulated under any Environmental Law as a "hazardous
constituent," ·'hazardous substance," "hazardous materiat··
"extremely hazardous material," "hazardous waste," "'dangerous
waste," "acutely hazardous waste." "hazardous waste constituent,"
"infectious waste," "medical waste," ''biohazardous waste,''
''extremely hazardous waste," "pollutant,'· "toxic pollutant" or
"contaminant," including without limitation, any material,
substance, waste, chemical, compound, mixture or byproduct which
is or contains asbestos, polychlorinated biphenyls (""PCBs"),
hexavalent chromium, hydrocarbons, oil or petroleum products.
petroleum distillates or petroleum byproducts, explosives,
radioactive materials, radon gas or formaldehyde. As used in this
Declaration, the term "Environmental Law" includes any and all
federal, State of Washington and local laws, regulations, rules,
pennit terms, codes and ordinances now or hereinafter in effect. as
the same may be amended from time to time, and applicable
decisional law, which refers or relates to environmental protection,.
human health, safety or natural resources, including but not limited
to: the Comprehensive Environmental Response Compensation
and Liability Act of 1980, 42 ll.S.C. Section 9601, et seq.
("CERCLA"): the Resource Conservation and Recovery Act of
1976, 42 U.S.C. Section 690 l, et seq. ("RCRA"), the Toxic
Substances Control Act of 1976, 15 U.S.C. Section 2501, et seq.
(''TSCA"), the Superfund Amendments and Reauthorization Act
of 1986. Title III, 42 U.S.C. Section I I 001. et seq. ("'SARA"), the
Clean Air Act, 42 U.S.C. Section 7401, et seq., the Federal Water
Pollution Control Act, 33 U .S.C. Section 1251. et seq., the Solid
Waste Disposal Act, 42 U.S.C. Section 3251, et seq .. the
Hazardous Materials Transportation Act. 49 U .S.C. Section 1801,
et seq., the Washington Model Toxics Control Act, R.C.W. Section
70.105D.O 10, et seq .. and any and all regulations promulgated
thereunder.
The foregoing shall not prohibit the presence or use on the Kaiser
Lot of a Hazardous Material reasonably incidental to an intended
use of the Property, including by way of example cleaning or
office supplies, in such quantities and concentrations as are
reasonably necessary for such use of the Property, provided that
the presence, use, storage, handling and disposal of any such
Hazardous Material complies with all applicable Environmental
Laws (as defined above). Without limiting the generality of the
foregoing, any such presence or use on the Property of a
Hazardous Material shall not result in a release of a Hazardous
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PAGE21
Material at. in. on, under, above or from the Property or the
Retained Property in a manner that violates any applicable
Environmental Laws, or that reasonably may give rise to liability
for environmental response or cleanup. damage to property, or
personal injury to the owner or owners of all or any portion of the
Property or the Retained Property, or to any other person or entity.
The Owner of the Lot in question and the Owner of each Lot
affected by a release of Hazardous Materials shall promptly take
all necessary and appropriate actions, pursuant to applicable
Environmental Laws, to remedy any non-compliance with the
requirements of this paragraph.
(xvii) Manufacturing, refining, storage, or distribution of petroleum or
natural gas or any of their respective products. including without
limitation butane, propane, gasoline or other fuels.
(xviii) Heavy or light industrial uses.
(xix) Storage of paint or varnish in containers exceeding 500 gallons
capacity.
(xx) Manufacturing involving drop forge industries. smelting or metal
plating or compounding, processing or treatment of acids,
detergents. disinfectants. dyes or lubricating oils.
(xxi) Agriculture or farming.
(xxii) Stockyard, slaughter of animals. raising or boarding of animals.
(xxiii) Retail or wholesale sales by any automobile, truck, camper or
mobile home dealerships having outside storage and inventory.
(xxiv) Open cross-dock truck terminals.
(xxv) Any use that adversely affects owners, occupants or users of
neighboring properties through the generation of fumes, dust, noise,
electromagnetic or nuclear radiation, thermal pollution, liquid or
solid waste pollution. or particular danger of fire or explosion.
(xxvi) Any use that would require the cleanup or remediation under
applicable law or that otherwise may be performed in the future. to
be performed to a standard higher than the Industrial or Commercial
standard that is in effect on the date hereof.
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PAGE 22
(d) Certain Nuisances
The following restrictions on nuisances shall apply to the Kaiser Lot:
(1) No public or private nuisance shall be pennitted to exist or operate
upon any portion of the Kaiser Lot or any portion thereof. The result of any act or
omission whereby any of the provisions contained in this Declaration is violated in
whole or in part shall be deemed to be a nuisance and all remedies allowed by this
Declaration or by law or equity with respect to nuisances. either public or private,
shall be applicable and may be exercised by Declarant prior to the Transition Date, or
the Association (acting through the Board) at any time.
(2) No rubbish, trash, waste. residue, brush, weeds, undergrowth or debris
of any kind or character shall ever be placed or permitted to accumulate upon any
portion of the Kaiser Lot or any portion thereof. so as to render said premises a fire
hazard. unsanitary. unsightly, offensive or detrimental to any Person or activity on
any other Lot or on any public street.
(3) No Building or other Improvement on any portion of the Kaiser Lot
shall be permitted to fall into disrepair and all Buildings and other Improvements on
any portion of the Kaiser Lot shall at all times be kept in good condition and repair
(including, without limitation. free of the presence of wood destroying pests and
organisms) and adequately painted or othenvise finished. Any and all exterior
repairs. redecorations, modifications or additions shall be made in accordance \\ith.
and shall be subject to. the Governing Documents, the Entitlements and all applicable
statutes, ordinances and governmental regulations, and shall be approved in writing
by Declarant.
(4) No condition shall be permitted to exist upon any portion of the Kaiser
Lot which shall induce, breed or harbor infectious plant diseases, rodents or noxious
insects (other than for limited use under controlled laboratory research and
development operations which will not impact any other Lot).
(5) No Owner or Occupant of any portion of the Kaiser Lot shall in any
way interfere with the natural or established drainage of water over such Owner's or
Oc,cupant's Lot from adjoining or other Lots, nor shall any Owner or Occupant of any
portion of the Kaiser Lot in any way interfere with the natural or established drainage
of water from such Owner's or Occupant's Lot so as to cause or permit water to drain
onto, over or under any adjoining or other Lot. In the event it is necessary to change
the natural or established drainage flow over any Kaiser Lot, then the Owner or
Occupant of such Kaiser Lot shall adequately provide for proper drainage, and such
changes shall be approved in writing by Declarant or, after the Transition Date, by the
Board. For the purposes hereof. "natural" drainage is defined as the drainage which
would naturally occur at the time of acquisition of a Lot from Declarant or (if
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PAGE23
applicable) at such later time as the overaJJ approved grading plan of the Property has
been completed by Declarant (if and when it is so completed by Declarant in its sole
and absolute discretion). For the purposes hereof, "established" drainage is defined
as the drainage which occurred or which would occur at the time the overall grading
of the Property, including the finish grading of each Lot. was or will be completed.
(6) Unless an exemption has been specifically approved in writing by
Declarant or, after the Transition Date. by the Board, no antenna, satellite dish or
other device for the transmission or reception of television signals or any other form
of electromagnetic radiation shall be erected, used or maintained outdoors above
ground on any portion of the Kaiser Lot, whether attached to a Building or otherwise;
provided, however. that such devices may be placed on the roofs of buildings so long
as they do not extend beyond the roof line (which shall be measured by the roof curb
or parapet).
(7) No tools or equipment and no derrick or other structure designed for
use in boring for water, oil, gas or other subterranean minerals or other substances, or
designed for use in any mining operation or exploration, shall hereafter be erected or
placed upon or adjacent to any portion of the Kaiser Lot. except if such boring is
conducted in connection with a commercially reasonable environmental assessment.
(8) No adverse environmental condition shall be permitted to exist on any
portion of the Kaiser Lot, nor shall any toxic or hazardous wastes be permitted to be
generated, treated, stored, disposed of or otherwise deposited in or on or allowed to
emanate from any portion of the Kaiser Lot, including. without limitation, the surface
waters and subsurface waters thereof; provided, however, that hazardous substances
may be stored or used so long as such storage and use is conducted in compliance
with the Entitlements and alJ applicable laws. statutes, ordinances, rules and
regulations of any City, County, State or federal governmental body.
(9) No Owner or Occupant of any portion of the Kaiser Lot shall permit
anything to be placed in or on any Building which shall cause sunlight glare in excess
of that permitted by Declarant (or, after the Transition Date, the Board) or any
governmental entity with jurisdiction.
( 10) Each Owner and Occupant of any portion of the Kaiser Lot shall
affirmatively conserve water on its Lot, and no Owner or Occupant shalJ use a greater
quantity of water than that reasonably necessary for the approved use of its Lot(s ),
including appropriate landscaping thereof. Each Owner and Occupant of any portion
of the Kaiser Lot hereby agrees that it will use its best efforts to cooperate in and
comply with (at its sole cost and expense) programs which may be hereafter
undertaken by the Association independently, or in cooperation with or as mandated
by local municipalities or governmental agencies, or in cooperation with other
property owners in the vicinity of the Kaiser Lot, to reduce water consumption. Such
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programs may include, but shall not be limited to, regulation of the hours and amount
of irrigation, replacement of plumbing fixtures and parts with more efficient models,
and installation of water meters or regulators.
( e) Indemnification
Each Owner of any portion of the Kaiser Lot, by accepting its deed and/or continuing
to own a Lot, and each Occupant (including Declarant and its Affiliates only in their
capacities as Occupants) of any portion of the Kaiser Lot, by accepting the right to occupy a
Lot, agrees personally and for all its Permittees, to indemnify each and every other Owner
and Occupant. the Association, Declarant and each of their respective Affiliate(s), heirs.
successors and assigns, and to hold them harmless from. and to defend them against any
liability. including, without limitation, any claim by any Person for personal injury or
property damage, arising out of or connected with the Lot or Lots of that particular Owner or
Occupant or any activities conducted thereon; provided, however. that such liability shall
have resulted from the acts or omissions of the Owner or Occupant of such Kaiser Lot. Any
loss or damage caused by an Owner or Occupant of any portion of the Kaiser Lot conducting
any activity on the Common Area shall be the responsibility of the Owner or Occupant who
conducted such activity. Without limiting the generality of the foregoing, the indemnity
provided in this Section 3(e) is expressly intended to include, and sha!J include,
indemnification for any claim or cause of action under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (the "Superfund Act''). the Resource
Conservation and Recovery Act, as amended (42 U .S.C. § 6901 et seq.), the Washington
Model Toxics Control Act, (R.C.W. Ch. 70.105D). the Washington Hazardous Waste
Management Act (R.C.W. Ch. 70.105), all as amended from time to time, and any other
federal, State or local environmental or other statutes, ordinances, regulations or guidelines;
provided, however, that such indemnity shall be limited to liability and loss of property value
caused by any Hazardous Materials placed or permitted to be placed on any Lot or Lots by
the Owner or any Occupant of such Kaiser Lot or a Permittee of the Owner or such
Occupant. Nothing in the foregoing shall limit the rights of the Owner, the Association or
Declarant under relevant State, local or federal law. Each Owner of any portion of the Kaiser
Lot will cause the indemnification provisions of this Section to be set forth in each lease of
all or any portion of such Kaiser Lot, and the indemnification provisions of this Section are
hereby deemed and agreed to be incorporated into each and all such lease(s), whether or not
expressly set forth therein.
4. APPROVAL OF PLANS
(a) Approval Required
No Improvement(s) shall be commenced, erected, placed, moved, altered, maintained
or permitted to remain on any Lot or any portion thereof until master plans. preliminary
plans, final plans and all other plans. specifications, drawings, designs and other materials
required by Declarant to be submitted have been submitted (in the form and content and with
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the number of copies required by Declarant) to and approved in writing by Declarant. Such
plans and specifications shall be submitted in writing over the authorized signature of the
Owner or Occupant of the Lot or his authorized agent. Nothing herein contained shall
require submission to or approval by Declarant of plans and specifications relating to normal
maintenance of or alterations to the interior (except the lobby area) of any structure existing
or under construction in the Property on the date of recording of this Declaration or hereafter
constructed in compliance with the requirements of this Declaration. Approval by Declarant
of any plans, specifications, drawings, designs or other materials submitted to it shall not be
deemed to be approval from the standpoint of structural safety or conformance with the
Entitlements or any applicable governmental laws. statutes, ordinances, rules or regulations,
including. without limitation, building codes and all applicable handicapped and disabled
persons accessibility requirements such as the Americans with Disabilities Act of 1990.
Effective as of the Transition Date, the approval and other rights of Declarant set fmth in this
Section 4 shall transfer automatically and thereafter be exercised by the Board or such
committee as may be established by the Board for such purpose.
(b) Basis for Approval
Approval by Declarant or Board. as applicable. shall be based, among other things, on
(a) adequacy of site dimensions, (b) conformity and harmony of external design with existing
and planned neighboring structures. (c) effect oflocation of proposed Improvements on
neighboring Lots, (d) design of roofscape from the standpoint of view from adjacent areas,
(e) proper site orientation with respect to nearby streets and (t) conformity of the plans and
specifications and the quality of the proposed Improvements to the purpose, general scheme
and quality of improvement and development and intent of this Declaration. Declarant or the
Board, as applicable, shall not arbitrarily or unreasonably withhold its approval of such plans
and specifications; provided, however, that Declarant or the Board, as applicable. shall at all
times be subject to compliance with the provisions of this Declaration and the Entitlements.
(c) Time for Approval or Disapproval
All approvals and disapprovals by Declarant or the Board. as applicable, shall be in
writing. In the event that Declarant or the Board, as applicable, or their respective
designated representatives fails to approve, disapprove or grant an extension of time within
which to approve or disapprove any request, plan, specification, design or plot plan within
thirty (30) days after the Submittal Date (as that term is defined below in this Section 4(c)),
then the provisions hereof relating to such approval by shall be deemed to have been waived
solely as to such plan, specification, design or plot plan: provided. however, that such waiver
shall not be deemed to be a waiver of any other covenant, condition or restriction provided
herein. The method for all submittals to Declarant or the Board, as applicable, shall be by the
mailing of a certified first class letter via United States Mail, return receipt requested, or by
personal delivery (including courier service or messenger) to such party, which shall, within
ten (10) business days of receiving said letter, give written acknowledgement of the receipt
thereof to the submitting party. For purposes of this Section 4, the "Submittal Date" shall
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be the date upon which Declarant or the Board, as applicable, receives the submittal, as
shown on the writing from Declarant or the Board. as applicable, acknowledging receipt of
such submittal.
(d) Presumption of Compliance
Not\\ ithstanding anything to the contrary herein contained, after the expiration of two
(2) years from the date of issuance of a building permit by the City for any Improvement,
said Improvement shall. in favor of purchasers and encumbrancers in good faith and for
value, be deemed to be completed and in compliance with all provisions of this Section 4,
unless actual notice of such noncompletion or noncompliance, executed by Declarant or the
Board, as applicable, or a designated representative thereof: shall appear of record in the
Office of Records and Elections of the County or unless legal proceedings shall have been
instituted to enforce such completion or compliance.
PAGE 26
(e) Fee
(1) An architectural review fee shall be paid to Declarant or, after the
Transition Date, to the Association. The amount of such fee shall not exceed the
Declarant's or Association's estimate (a copy of such estimate shall be provided to a
Lot Owner within 10 calendar days of such Lot Owner's written request) of the
out-of-pocket cost to be incurred by Declarant or the Association (i) for hiring outside
consultants to review such plans, and (ii) for any other reasonable expenses incurred
by Oeclarant or the Association in connection with its review. analysis and approval
of such plans. Such fees shall be paid at such times and in such manner (including,
without limitation, partial or full payment in advance, based on Declarant's or the
Association's estimate of the costs it is likely to incur in connection therewith) as
Declarant or the Association may determine. In addition, Declarant or the
Association may (in its sole discretion and as a condition to granting any consent(s) to
proposed development) require a deposit from any Lot Owner(s) in order to secure
payment for the possible repair, correction or cleanup of Common Area, other Lot(s),
rights of way or Improvements which is reasonably likely to result from such
Owner(s)' construction activities.
(2) If plans are such that after review they are disapproved as not
confonning with the provisions of this Declaration, the Entitlements and/or any
criteria reasonably imposed by Declarant or the Board, as applicable,, then the
subsequent submittal of the portion of the plans that is revised or new shall be
deemed to be a new, partial submittal, which shall again be subject to the foregoing
fee.
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(t) Governmental Action
If the plans approved by Declarant or the Board, as applicable, are subsequently
required to be modified by City or other governmental action, said revisions shall require the
approval of Declarant or the Board as provided in this Section 4 and Declarant or the
Association, as applicable, shall be paid an additional architectural review fee, the amount of
which shall be determined as provided in Section 4(e)(1) above. In any event. one complete
set of final plans shall be furnished to Declarant or the Association, as applicable, upon
approval by the City. and such plans shall be kept on file in the records of the Association in
order to assist in ensuring that the Improvements are constructed in compliance therewith.
At such time as construction is completed, one complete set of final "as built" plans and
specifications shall be furnished to Declarant or the Association, as applicable, and kept on
file in the records of the Association.
(g) Estoppel Certificate
Within thirty (30) calendar days after written demand and upon payment of a fee not
to exceed Declarant's or the Association's reasonable out-of-pocket costs to prepare such
certificate, Declarant or the Association, as applicable, shall execute an estoppel certificate
certifying that as of the date thereof either (a) to the knowledge of the Declarant or the
Association, all Improvements constructed or other work done on a particular Lot. the plans
and specifications for which were duly approved by the Declarant or the Association, comply
with this Declaration, or (b) such Improvements or work do not so comply, in which event
the certificate shall identify the noncomplying Improvements or Vvork and set forth with
reasonable particularity the nature of such noncompliance. Any lessee, purchaser or
encumbrancer in good faith and for value shaIJ be entitled to rely upon such certificate with
respect to the matters set forth therein, such matters being conclusive as between Declarant
and such lessee, purchaser or encumbrancer.
(h) Non-Liability of Declarant and Association
Without limiting the generality of Section 7(x) hereof. except as otherwise set forth
below in this Section, neither the Declarant nor the Association shall be liable for damages to
anyone submitting plans to it for approval or to any Owner. Occupant or other Person by
reason of any (a) mistake in judgment, (b) negligence or nonfeasance arising in connection
with the approval or disapproval of any plans, or ( c) the execution and filing of an estoppel
certificate pursuant to Section 4(g) hereof. Notwithstanding the foregoing, Declarant and the
Association shall remain subject to liability for any breach of their obligations under this
Declaration. Anyone who submits plans and specifications to Declarant shall be deemed to
have agreed by submission of such plans and specifications, and every Owner and Occupant
by acquiring title and/or possessory rights to any Lot agrees, that he will not bring any action
or suit against Declarant for the recovery of damages by reason of any such approval or
disapproval or by reason of any mistake in judgment. negligence or nonfeasance arising in
connection with the performance by Declarant or the Association of such matters. In the
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event the Association shall be held liable with respect to any such approval, disapproval,
mistake, negligence or nonfeasance, then the Association shall not be entitled to obtain
indemnification or contribution from Declarant with respect to such approval. disapproval,
mistake, negligence or nonfeasance, except to the extent that such liability arises from or
relates to a breach by the Declarant of its obligations under this Declaration.
(i) Improvements Maintenance Standards
Declarant shall have sole responsibility for the interpretation and implementation of
the Improvements Maintenance Standards, provided, however, that the Improvements
Maintenance Standards shall be uniformly applied to all Lots, taking into account any
circumstances unique to a Lot that may require modifications to the Improvements
Maintenance Standards in order to achieve the purposes thereof. In addition, and
notwithstanding any other provision of this Declaration, Improvements Maintenance
Standards shall not be adopted and, once adopted, the Improvements Maintenance Standards
may not be amended, supplemented or repealed in whole or in any material part without the
prior written consent or affirmative vote of Owners owning seventy-five percent (75%) of the
Total Entitlement. Effective as of the Transition Date, the rights and obligations of Declarant
set forth under this Section shall transfer automatically and thereafter be exercised by the
Board or such committee as may be established by the Board for such purpose. Among other
things, the Improvements Maintenance Standards shall require all Lots, Improvements, and
Buildings, to be kept and maintained in good repair, clean and free from garbage and debris,
and in a safe. secure. and aesthetically pleasing manner. The Improvements Maintenance
Standards shall at all times remain commercially reasonable, and shall not require any Lots
or Buildings to be maintained in a manner exceeding customary standards applicable to
office park developments of similar type, kind, and quality.
G) Existing Buildings and Uses
Neither this Section 4 nor Sections 2 or 3 shall apply so as to require the alteration of
Existing Buildings or the modification of uses existing within the Property as of the Effective
Date.
5. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
PAGE28
(a) Qualification and Voting
( l} Every Owner of a Lot within the Property shall be a member of the
Association. Membership in the Association shall be appurtenant to. and may not be
separated from, ownership of any Lot, which is subject to Assessment. Membership
in the Association shall not be transferred. pledged or alienated in any way, except
upon the sale of the Lot to which such membership is appurtenant, and then only to
the purchaser of such Lot, and, upon the sale of a Lot, the seller's membership in the
Association shall terminate as to such Lot. Any purported transfer of membership in
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the Association to any transferee not permitted under this Section S(a) shall be null
and void and of no force and effect. In the event the Owner of any Lot shall fail or
refuse to transfer its membership in the Association to the purchaser of its Lot, then
the Association shall have the right to enter such transfer upon its books and, upon
such entry, the old membership outstanding in the name of the seller shall be null and
void and of no force and effect.
(2) Except as otherwise provided in this Declaration, the Articles, the
Bylaws or applicable law, all matters requiring the approval of the Owners shall be
deemed approved if (i) a Majority of the Owners assent to them by written consent or
(ii) if approved by a Majority of the Owners at any duly called regular or special
meeting of the Owners at which a quorum is present, either in person or by proxy.
Except as otherwise provided in this Declaration, the Articles, the Bylaws or
applicable law, a Majority of the Owners shall constitute a quorum for any such
regular or special meetings. In no event may the Association be voluntarily wound
up and dissolved without the approval and consent of each Owner and a legal opinion
furnished by counsel certifying compliance with all relevant legal requirements. The
provisions of this Declaration that require the approval of the Owners or a Majority of
the Owners shall continue in force and effect whether or not the Association is
formed.
(3) Each Member of the Association (including without limitation
Declarant during the period(s) of time that it owns any Lot(s) within the Propert) ), or,
if the Association is not formed. each Owner (including without limitation Declarant
during the period(s) of time that it owns any Lot(s) within the Property), shall be
entitled to cast one vote per Square Foot of each Lot owned by such Member.
(b) Voting Percentage
Voting power of each Voting Member shall be based on one vote per square foot of
each Lot represented by the Voting Member. Each Voting Member·s voting power shall be
detennined by dividing the total number of votes to which such Member is entitled
("Member Voting Entitlement") by the combined Voting Entitlement of all Owners from
time to time ("Total Voting Entitlement") determined in accordance with the procedures set
forth below.
(c) Voting in Cases of Joint Ownership
In the event that two (2) or more Persons comprise the Owner of any particular Lot.
and such Persons are unable to agree among themselves as to how the votes to which they are
entitled shall be cast, then they shall lose their right to vote on the matter in question. If any
such Person casts votes representing a particular Lot, it will thereafter be conclusively
presumed for all purposes that such Person was acting with the authority and consent of all
the other Persons comprising the Owner of such Lot.
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PAGE 30
(d) Transfers
(1) The Owner of a Lot shall, as soon as practicable before transfer of title
to such Lot or execution of a real property sales contract therefor, provide the
following to the prospective purchaser:
(A) Copies of the Governing Documents;
(B) A copy of the most recent financial statement made available
by the Association pursuant to Section l l(c) hereof; and
(C) A true statement in writing from an authorized officer of the
Association as to the amount of any Assessments levied upon the Lot which
remain unpaid as of the date of such statement. The statement shall also
include true information on late charges, interest and costs of collection
which, as of the date of such statement, are or may be made a lien upon the
Lot pursuant to Section 6(h) hereof or applicable law. Such a statement shall
be conclusive upon the Association in favor of any and all Persons who rely in
good faith thereon as to the matters therein contained.
(2) The Association shall maintain and, within ten ( I 0) business days of
receipt of a written request. sh al I make available to the Owner of a Lot, a copy of the
requested items specified in Section 5(d)(l )(A), (B) and (C) hereof. The Association
may charge a fee for this service, which fee shall not exceed the Association's
reasonable cost to prepare and reproduce the requested items.
(3) The Association shall have the right to collect a fee in connection with
a transfer of title or of any other interest in a Lot to cover its reasonable costs incurred
in connection therewith, including, without limitation: (i) a fee equal to the
Association's actual cost to change its records to reflect such transfer and (ii) the fee
authorized by Section 5( d)(2) hereof. The Board may establish a schedule of fees
based on its reasonable estimate of the Association's cost to perform such services
and may impose such fees on the basis of such estimate. In the event such schedule is
established, then the fees set forth therein shall conclusively be presumed to satisfy
the requirements of Section 5(d)(2) hereof and this Section 5(d)(2).
(4) Concurrently with the consummation of the sale of any Lot, or within
five (5) days thereafter. the transferee shall notify the Association in writing of such
sale. Such notification shall set forth the name of the transferee and its Mortgagees
and the transferor, the address of the Lot purchased by the transferee. the transferee's
and the Mortgagees' mailing address and the date of sale. Before the receipt of such
notification, any and all communications required or permitted to be given by the
Association or the Board shall be deemed to be duly made and given to the transferee
if duly and timely made and given to the transferee's transferor.
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(5) Nothing in this Section 5(d) shall be construed as affecting the validity
of title to any Lot transferred in violation of this Section 5(d).
6. COVENANT FOR ASSESSMENTS TO AND BY THE ASSOCIATION
(a) Covenant to Pay Assessments
( I ) Declarant and each future Owner of a Lot or Lots in the Property, by
acceptance of a deed thereto (whether or not it shall be so expressed in such deed), is
hereby deemed to covenant and agree to pay to the Association:
(A) Regular Assessments. which shall include an adequate reserve
fund for the periodic maintenance, repair and replacement of the Common
Area: and
(8) Special Assessments, as set forth in this Declaration.
(2) Assessments shall be established and colJected as hereinafter provided.
All Regular and Special Assessments, together with interest at a rate of eighteen
percent (18%) per annum or, ifless, the highest rate permitted by law, costs and
reasonable attorneys' fees, shall be a charge and a continuing lien upon the Lot
against which each such Assessment is made. No Owner of a Lot may exempt itself
from liability for the payment of Assessments by waiving the use or enjoyment of any
part of the Common Area or by abandoning its Lot.
(b) Purpose of Assessments
Subject to Section 6(e) hereof, the Association shall levy Regular Assessments and
Special Assessments sufficient to perform its obligations under the Governing Documents
and to pay for Common Expenses. Such Assessments shall be used exclusively to promote
the health, safety and welfare of the Owners and Occupants, for the improvement and
maintenance of the Common Area, for the performance of the duties and operations of the
Association and to further any other purpose that is for the common benefit of the Owners
and Occupants in their use and enjoyment of the Property.
(c) Regular Assessments
Regular Assessments shall be levied for each Fiscal Year by the Association based
upon the annual budget adopted by the Board as set forth in Section 7(q) hereof.
PAGE 31
(d) Special Assessments
( I ) In addition to the annual Regular Assessments authorized in this
Section 6 but subject to Section 6(e) hereof. the Association may levy, in any Fiscal
Year, a Special Assessment for the purpose of defraying, in whole or in part, the cost
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of (a) any construction, reconstruction, alteration, repair or replacement of a capital
improvement upon the Common Area and/or fixtures and personal property related
thereto and (b) any other action or undertaking by or on behalf of the Association
which exceeds the budgeted gross expenses of the Association for that Fiscal Year.
Notwithstanding the foregoing, the Association may not impose a Special Assessment
for purposes of making a substantial capital improvement to the Common Area and/or
fixtures and personal property related thereto, or impose any other substantial Special
Assessments on the Owners, without the prior written approval or affirmative vote of
Owners owning seventy-five percent (75%) of the Total Entitlement, unless the
capital improvement is required in order to cause the Common Area and/or the
fixtures or personal property included therein to comply or continue to comply with
the requirements of law, governmental authorities or insurance policies, to mitigate or
prevent a condition that does or may pose a risk of injury to persons or material
damage to property or to repair damage from a casualty to the extent not covered by
insurance. Jn addition, all costs and expenses associated \\ ith the initial development
and construction in the Common Area of the access road serving the Property have
been or shall be borne by Declarant and other Owners in accordance with the terms of
outside agreements between them, and the Association shall not bear or impose any
Special Assessments with respect to such costs and expenses.
(2) In addition to the Special Assessments provided in Section 6(d)(l ), the
Association may levy a Special Assessment against any individual Lot as a fine under
Section 7(h)(2) hereof or to reimburse the Association for costs incurred by the
Association (including reasonable attorneys' fees, interest or any other miscellaneous
costs) in bringing such Lot and/or the Owner or Occupant thereof into compliance
with the Governing Documents (including, without limitation, under Section 9(a)(l)
hereof). which Special Assessment may be levied upon the vote of the Board after
notice and an opportunity for a hearing pursuant to the procedure set forth in
Section 7(h)(l) hereof.
(e) Limitation on Assessments
Notwithstanding any other provision of this Declaration to the contrary. the Board
shall not impose or collect any Assessment that exceeds the maximum amount allowed by
law.
(t) Allocation of Assessments
Both Regular and Special Assessments ( except where Special Assessments are levied
as a fine under Section 7(h)(2) hereof or are a remedy utilized by the Board against a
particular Owner to reimburse the Association for costs incurred in bringing such Owner,
such Owner's Lot and/or the Occupant of such Lot into compliance with the provisions of the
Governing Documents) shall be divided among Owners based on the ratio that such Owner's
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Voting Entitlement bears to the Total Entitlement (as determined by the formula set forth in
Section 5(b) hereof).
PAGE 33
(g) Commencement of Assessments
(I) The Regular Assessments provided for herein shall commence as to all
Lots on the first day of the month following the recordation of this Declaration. The
first Regular Assessment shall be prorated according to the number of months
remaining in the Fiscal Year in which such recordation occurs. The Board shall
determine and fix the amount of the Regular Assessment against each Lot at least
forty five (45) but not more than ninety (90) days in advance of the commencement
of each Fiscal Year, and shall establish the due date(s) for payment of such
Assessments. Subject to Section 6(e) hereof the Board may increase or decrease the
Regular Assessments from Fiscal Year to Fiscal Year.
(2) Written notice of each Assessment shall be sent to every Owner
subject thereto. Each Assessment levied against a Lot shall become a debt of the
Owner of such Lot at the time such Assessment is levied. If there is more than one
Person comprising the Owner of a particular Lot, each such Person shall be jointly
and severally liable for such Assessments.
(h) Liens for Delinquent Assessments
( I) Regular and Special Assessments shall be delinquent thirty (30) days
after they become due. The Association may but shall not be obligated to send notice
of such delinquency (an "Assessment Delinquency Notice") to the Owner of any Lot
with respect to which an Assessment has become delinquent. At any time after ( I )
any Assessment levied by the Association affecting any Lot has become delinquent.
(2) the Association has given to the Owner of such Lot an Assessment Delinquency
Notice, and (3) a period of fourteen (14) calendar days has passed following the date
on which the Association sent the Assessment Delinquency Notice during which time
the delinquency has not been cured, the Board may file for recordation in the Office
of Records and Elections, King County, Washington, a notice of delinquent
Assessment as to such Lot, which notice shall state (i) all amounts which have
become delinquent with respect to such Lot, the costs of collection connected
therewith (including attorneys· fees), the amount of the late charge imposed (which
shall not exceed ten percent (10%) of the delinquent Assessment or Ten Dollars
($10). whichever is greater) and the interest which has accrued thereon, (ii) the
amount of any Assessments relating to such Lot which are due and payable although
not delinquent, (iii) a description of the Lot with respect to which the delinquent
Assessments are owed and (iv) the name of the record or reputed record Owner of
such Lot. Such notice shall be executed by any officer of the Association.
Immediately upon recording of any such notice of delinquent Assessment, the
amounts delinquent as set forth in such notice, the reasonable costs (including
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attorneys' fees) incurred in collecting the delinquent Assessment, the late charge
imposed as provided herein and interest which has accrued or thereafter shall accrue
thereon, shall together be and become a lien upon the Lot described therein, which
lien shall also secure all other Assessments, costs of collection (including attorneys'
fees), late charges and interest accruing thereon which shall become due and payable
with respect to said Lot following such recording. Upon full payment of the sums
specified in the notice of delinquent Assessment, the Association shall cause to be
recorded a further notice, similarly executed, stating that the lien has been satisfied
and released.
(2) The lien of the Assessments provided in Section 6(a) hereof and the
lien for delinquent Assessments, costs of collection, late charges and interest provided
in Section 6(h)( 1) shall be prior and superior to all other liens except taxes, bonds,
governmental assessments and other levies which, by law, would be superior thereto.
The sale or transfer of any Lot shall not affect or extinguish an Assessment lien
against such Lot; provided, however, that the sale or transfer of any Lot through
foreclosure Uudicial or nonjudicial). trustee's sale or deed in lieu of foreclosure shall
extinguish the lien of such Assessment as to payments which became due prior to
such transfer, as provided in Section l 1(a) hereof. In no event shall any sale or
transfer (whether by foreclosure or otherwise) relieve any Lot from lien rights in the
Association for any Assessments thereafter becoming due.
(i) Enforcement of Assessment Obligation
The Association may enforce delinquent Assessments by suing the Owner directly on
the debt established by the Assessment, or by recording a lien against the Owner's Lot as
provided in Section 6(h) hereof and foreclosing the lien through judicial proceedings (or if
legally available after recordation of this Declaration, through nonjudicial proceedings). The
Association may commence and maintain a lawsuit directly on the debt without waiving its
right to establish a lien against the Owner's Lot for the delinquent Assessment. and vice
versa. Any lien created pursuant to Section 6(h) hereof may be enforced in any manner now
or hereafter permitted by law, including foreclosure sale by a court or nonjudicial foreclosure
procedures (to the extent such procedures are hereafter adopted or permitted under applicable
law). The Association shall have the power to bid for the Lot at a foreclosure sale, and to
acquire and hold, lease, mortgage and convey the same. Nothing herein contained shall
prohibit the Association from taking a deed in lieu of foreclosure of a lien created pursuant to
Section 6(h) hereof. In any action instituted by the Association to collect delinquent
Assessments. accompanying costs, late charges or interest, the prevailing party shall be
entitled to recover its costs and reasonable attorneys' fees.
(j) Assessments for Taxes
Subject to Section 6(e) hereof, in the event that any taxes of any nature are assessed
against the Common Area or the personal property of the Association rather than against an
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individual Lot, then said taxes shall be added to the annual Regular Assessments or, at the
discretion of the Board, a Special Assessment may be levied in an amount equal to said taxes.
7. POWERS AND DUTIES OF THE ASSOCIATION
The Association shall have all the powers of a nonprofit mutual corporation organized
under the Washington Nonprofit Miscellaneous and Mutual Corporations Act
(Chapter 24.06). subject only to such limitations on the exercise of its powers as are
established by law or set forth in the Articles, the Bylaws or this Declaration. It shall have
the power to do any lawful thing that may be authorized, required or permitted to be done by
the Association under this Declaration. the Sections or the Bylaws, and to do and perform
any act that may be necessary or proper for. or incidental to. the exercise of any of the
express powers of the Association. Subject to the limitations set forth in this Declaration. the
Articles, the Bylaws or the laws of the State as to actions which must be authorized or
approved by the Members of the Association (i.e., the Owners), all corporate powers shall be
exercised by or under the authority of. and the business and affairs of the Association shall be
controlled by, the Board. Without limiting the generality of the foregoing but subject to the
same limitations. it is hereby expressly declared that, in addition to the other powers and
duties of the Board provided in this Declaration and elsewhere in the Governing Documents,
the Board shall specifically have:
(a) Designate Officers
The power and the duty to select, appoint and remove the officers. agents and
employees of the Association. prescribe such powers and duties for them as are not be
inconsistent with law, the Entitlements, the Articles, the Bylaws or this Declaration and,
subject to the provisions of the Bylaws, fix their compensation.
(b) Management and Control
The power and the duty to conduct, manage and control the affairs and business of the
Association, and to make such rules and regulations therefor as they deem best and as are not
inconsistent with law, the Entitlements, the Articles, the Bylaws or this Declaration.
(c) Principal Office
The power but not the duty to change the principal office for the transaction of the
business of the Association from one location to another within the County and to designate a
place within the State for the holding of any membership meeting or meetings.
(d) Incur Indebtedness
The power but not the duty to borrow money and incur indebtedness for the purposes
of the Association, and to cause to be executed and delivered for and in the name of the
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Association, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges or other
evidences of debt and security therefor.
PAGE 36
(e) Insurance
(1) To the extent the coverage described in this Section 7(e) is available at
a reasonable cost, the power and the duty to obtain and maintain in force the
following policies of insurance:
(A) Comprehensive public liability insurance with a single limit
and deductible which, in the judgment of the Board, will provide adequate
protection to the Association, but, in any event, with a single limit of not less
than Two Million Dollars ($2,000,000) per occurrence and with a deductible
of not more than Ten Thousand Dollars ($10,000), insuring the Association
against liability for bodily injury, death and property damage arising in
connection with the ownership or use of the Common Area, any other
Association owned or maintained real or personal property or the activities of
the Association;
(B) Fidelity insurance in the form of a bond in an appropriate
amount as determined by the Board, which names the Association as obligee
and protects against misuse and misappropriation of Association property by
Directors, officers, committee members, trustees and employees of the
Association and any management agent and its officers, agents and
employees, whether or not such Persons are compensated for their services:
(C) Workers' Compensation Insurance, to the extent required by
law, covering any employee or uninsured contractor of the Association;
(D) Property and hazard insurance with extended coverage and
special form endorsements covering the replacement cost of any buildings and
other insurable improvements which may hereafter be located on the Common
Area. The proceeds from such insurance shall be paid as provided in any
Mortgage covering the Common Area, or, if there is no such Mortgage, to the
Association, which shall use such funds for the repair, reconstruction or
replacement of the improvements so covered;
(E) Insurance in an amount to be determined by the Board, but in
any event not less than One Million Dollars ($1,000.000), on behalf of
(a) each Director and (b) such other committee members and officers as the
Board in its discretion deems appropriate, for liability asse11ed against or
incurred by such Director, committee member or officer in such capacity or
arising out of such status, regardless whether the Association would have the
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power to indemnify such Director, committee member or officer against such
liability under applicable law~ and
(G) Such other insurance as the Board shall deem necessary or
expedient to carry out the functions of the Association as set forth in this
Declaration, the Sections and the Bylaws.
(2) The liability insurance referred to in Section 7(e)(l)(A) shall name
Declarant, the Directors, any manager and the Owners (as a class) as additional
insureds, and such policy shall include, if obtainable, a cross liability or sl!v~rability
of interest endorsement insuring against liability to each other insured.
(3) Every policy of insurance obtained by the Association. whether or not
required to be obtained pursuant to the provisions of this Declaration, shall expressly
waive any and all rights of subrogation against Declarant, its Affiliates,
representatives and employees, the Directors and all Owners.
(4) The premiums for the insurance policies obtained and maintained by
the Association shall be a part of the Common Expenses to be included in the
calculation of the regular Assessments levied by the Association.
(S) The Board shall periodically review the coverage provided by the
insurance policies obtained and maintained by the Association and. to the extent that
increased coverage is available and at the Board's discretion, shall increase such
coverage in light of inflation, increased risk and similar factors.
(t) Utilities
The power and the duty to pay all charges for utility services for the Common Area.
(g) Common Area
The power and the duty to manage, operate. maintain, repair, restore, add to and
replace (and/or make capital expenditures for and on behalf of the Association with respect
to) (a) the Common Area and all improvements located thereon (including, without
limitation, the express obligation at all times to preserve, plant, install, repair and maintain
the Common Area as set forth in this Declaration), (b) all other property (whether real or
personal) owned by the Association, and (c) any and all property, signs or Improvements
which negatively impact or may negatively impact the Property and which are to be
maintained by third parties (including without limitation the City) which are not maintained
to the satisfaction of the Association and Declarant (including without limitation any and all
areas, walk.ways and streets dedicated by Declarant). Notwithstanding the foregoing, the
Association may not acquire additional property as Common Area or sell or transfer any
Common Area property, or convert any portion of any Lot into Common Area (other than in
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connection with the relocation of Common Area in accordance with the definition of
"Common Area") without the prior written approval or affirmative vote of Owners owning
seventy-five percent (75%) of the Total Entitlement. If any portion of a Lot is to be
converted into Common Area, the written approval of the Owner of such Lot shall be
required.
(h) Enforcement
The power and the duty to enforce the provisions of the Governing Documents and
the provisions of any agreement to which the Association is a pa1ty. In addition to the other
powers of the Board provided herein and under applicable law, the Board shall have the
power:
PAGE 38
(I) To suspend all rights and privileges of an Owner in the Association for
(i) a failure to pay any Regular Assessment or Special Assessment in full promptly
when due (whether or not the Owner is personally obligated to pay such Assessment)
or (ii) each violation of any provision of the Governing Documents. Such suspension
shall continue for a period of time determined by the Board and may, at the Board's
discretion, continue until the Regular Assessment or Special Assessment is paid in
full or the violation is cured. Such suspension shall not take effect unless the Owner
is notified and given an opportunity for a hearing as required by applicable law;
provided, however, that the following minimum requirements shall apply:
(A) The Owner shall be notified in writing of the suspension and
the reasons therefor at least fifteen ( 15) days prior to the effective date of the
suspension;
(B) If requested by the Owner in writing within five (5) business
days after receipt of such notice, a hearing on said suspension shall be held
before the Board; and
(C) Said hearing shall be held by the Board at least five (5)
business days before the effective date of the suspension, and at said hearing
the Owner shall have the right to appear and defend himself against the
matters resulting in the notice of suspension.
(2) To levy and assess fines against any Owner who violates, or whose
Occupants or Permittees violate, the Governing Documents, pursuant to the same
notice and hearing procedure as is provided for suspension in Section 7(h)(l), and
such other procedures and/or schedules as the Board may establish. l Tpon notice to
the Owners, the Board may establish a schedule of fines for individual offenses
and/or continuing offenses, which schedule shall thereafter govern the amount of the
fines to be levied, until such schedule is modified or repealed by the Board. Fines
may be levied for each offense and, once levied, each such fine shall become an
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Assessment and lien against such Owner's Lot or Lots. Any Owner against whom
such a fine is levied shall pay such fine to the Association within ten (10) business
days after such levy. The Association shall be entitled to take any legal action or
employ any remedies set forth hereunder or permitted by law to enforce the payment
of such fines.
(i) Square Footage/f otal Entitlement Monitoring
The power to track and monitor the Square Footage of all Lots owned by all Owners
from time to time within the Property by ownership, in accordance with the definition set
forth in definition "Special Assessments" hereof and the Voting Entitlement and Total
Entitlement of the Owners.
G) Contract and Make Payments
The power and the duty to contract and pay for Common Expenses. Withdrawals of
funds from the Association's accounts may be made by any individual or individuals
authorized by the Board to make such withdrawals.
(k) Employment of Agents
The power but not the duty to employ the services of any Person or Persons to
manage and conduct the business of the Association and upon such conditions as are deemed
advisable by the Association, to delegate to such Person or Persons any of its powers.
(I) Services
The power but not the duty to institute any other services for the benefit of the
Owners deemed advisable by the Association.
(m) Recycling Program
The power but not the duty to design and implement a program(s) for the recycling of
the Property's solid waste and to require that all Owners:
(I) individually attempt to recycle solid waste; and
(2) cooperate in any program or effort, which may be undertaken by the
Association or a Declarant independently, or in cooperation with local municipalities
or governmental agencies or other Owners, to encourage recycling of such waste.
(n) Taxes
The power and the duty to pay any taxes and governmental assessments, which are or
could become a lien on the Common Area or any portion thereof.
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( o) Discipline
The power but not the duty to initiate and execute disciplinary proceedings against
Owners and Occupants for violations of the provisions of the Governing Documents.
(p) Periodic Review of Financial Condition
The power and the duty to periodically review the financial condition of the
Association as required by applicable law or as otherwise provided herein or in the Bylaws.
(q) Budget
The power and the duty to prepare annual budgets and financial statements for the
Association and to distribute such budgets and financial statements to the Owners as required
by applicable law or as otherwise provided herein or in the Bylaws.
(r) Litigation
The power and the duty to prosecute or defend, in the name of the Association, any
action affecting or relating to the Association and any action in which all or substantially all
of the Owners have an interest.
(s) Delegation of Powers
The power but not the duty to delegate any of its powers hereunder to other Persons.
including, without limitation, committees. officers and employees.
(t) Security
The power but not the duty to provide, through an outside agency, a security force to
patrol and protect the Common Areas.
PAGE 40
(u) Rules
(1) The power but not the duty to adopt, amend, supplement and repeal the
Rules. The Rules may restrict and govern the use of the Common Area by any
Owner or Occupant; provided, however, that the Rules may not discriminate between
the various Owners and Occupants.
(2) A copy of the Rules shall be given to each Owner not less than ten
(10) business days before said Rules (or, as applicable, an amendment thereto) shall
be effective. The Rules shall have the same force and effect as if set forth herein and
made a part of this Declaration.
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PAGE41
(3) Notwithstanding subsections (1) and (2), above, once adopted the
Rules may not be amended, supplemented or repealed in whole or in part without the
prior written consent or affirmative vote of Owners owning seventy-five percent
(75%) of the Total Entitlement. unless an amendment or supplement is needed in
order to cause the use of the Common Area to comply or to continue to comply with
the requirements of law, a governmental authority, an insurance policy or this
Declaration, in which case the prior written consent or affirmative vote of a Majority
of the Owners shall be required.
(v) Improvements Maintenance Standards
(1) After the Transition Date. the power but not the duty to adopt (if not
previously adopted) amend, supplement and repeal the Improvements Maintenance
Standards (subject to the limitations set forth in Section 4(i)); provided, however, that
at no time shall the standards set forth therein for repair and maintenance be lower
than the minimum standards set forth in this Declaration or required by the
Entitlements; and provided further that the Improvements Maintenance Standards
may impose higher standards of maintenance for Lots visible from main public streets
and/or the Common Area than Lots not so visible. Whether or not Improvement
Maintenance Standards have been adopted, nothing in this Section 7(v) shall be
construed as relieving any Owner or Occupant from the obligation to at all times
comply with the minimum standards for repair and maintenance set forth in this
Declaration.
(2) Copies of the Improvements Maintenance Standards and, as
applicable, copies of any amendment, modification or supplement thereto shall be
given to each Owner not less than ten (10) business days before the same shall be
effective. The Improvements Maintenance Standards shall have the same force and
effect as if set forth herein and made a pa1t of this Declaration.
(w) Right to Grant Easements
(1) The power and the duty to grant utility and other easements, through
and over the Common Area which are reasonably necessary or appropriate in
connection with the operation or activities of the Association or to the onguing
development of lands held by Declarant or an Affiliate ofDeclarant in or around the
Property; provided, however, that such easements shall be limited only to the
location, scope and size reasonably necessary to accomplish the stated purpose of
such easement or to comply with any relevant governmental requirements. Declarant
agrees that all such easements across the Common Area in favor of the Association.
all Owners and/or the public will be located so as to reasonably minimize, consistent
with appropriate governmental requirements, the impact on the access and use of the
Common Area.
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(2) The power but not the duty to relocate easements for ingress and
egress over and across the Common Area; provided, however, that the Board shall
use reasonable criteria in deciding which easements are to be relocated and to what
location; provided, further. however, that the addition of real property to the Common
Area by the Association or the Owners shall require the consent of Declarant so long
as Declarant owns any Lot.
(x.) Limitation on Liability of Officers and Directors; Indemnification
(I) No Direc;tor. officer, committee member, employee or other agent of
the Association (including, without limitation, Declarant or any agent of Declarant
when acting in such capacity) (each. an "Association Agent"), shall be liable to any
Owner or Occupant or any other Person (including. without limitation, the
Association), for any damage, loss or prejudice suffered or claimed on account of any
act, omission, error or negligence of any such Association Agent if such Association
Agent has acted in good faith and in a manner such Association Agent reasonably
believed to be in the best interests of the Association.
(2) Each Owner, by accepting such Owner's deed, each Occupant, by
accepting the right to occupy a Lot, and the Association, by accepting conveyance of
the Common Area, agrees personally and for all its Permittees to indemnify each
Association Agent for, and to defend such Association Agent against, any liability for
any damage, loss or prejudice suffered or claimed on account of any act, omission,
error or negligence of such Association Agent if such Association Agent has acted in
good faith and in a manner such Association Agent believed to be in the best interests
of the Association.
(3) In the event that any sue h Association Agent is also a director, officer
or employee of Declarant or an Affiliate of Declarant, then, in addition to the
foregoing Section 7(x)(2), Declarant hereby agrees to indemnify such Association
Agent and to defend such Association Agent against any liability for any damage,
loss or prejudice suffered or claimed on account of any act, omission, error or
negligence by such Association Agent in performing his duties on behalf of the
Association.
(4) In addition to the foregoing Section 7(x)(3), Declarant hereby agrees
to indemnify any director, officer or employee of Declarant against any liability for
any damage, loss or prejudice suffered or claimed on account of any act, omission,
error or negligence by such director, officer or employee in representing Declarant in
Declarant' s dealings with the Association, the Owners or the Property.
(5) The indemnities of Declarant set forth in Sections 7(x)(3) and 7(x)(4)
hereof shall continue only for so long as Declarant or any Affiliate of Declarant owns
any Lot.
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(y) Declarant's Right to Approve
Notwithstanding any contrary provision of this Declaration, or the Bylaws of the
Association, prior to the Transition Date, the Board may not take any action which would
substantially impair the rights of Declarant under this Declaration or which would
substantially impair the value of any real property then owned by Declarant, without the prior
written consent of Declarant to such proposed action(s).
(z) Declarant's Right to Defer Formation of the Association
Declarant may elect and does hereby elect to defer formation of the Association until
the Transition Date. Prior to the Transition Date, (1) the Declarant shall be responsible to
perform the duties of the Association and shall have all of the rights and powers of the
Association, except that the provisions of Section 7(a), 7(b), 7(c). 7(d). 7(e). 7(p). and 7(q)
shall not apply to the Declarant, (2) all references in this Declaration to the Association or to
the Board shall be references to the Declarant. and (3) references to "Owners in the
Association" shall be references to the Owners.
8. COMMON AREA
(a) Easement of Enjoyment
Every Owner and Occupant of a Lot shall have a right and easement of enjoyment in
and to the Common Area, which right and easement shall be appurtenant to and shall pass
with the title to each such Lot; provided, however, that such right and easement shall be
subject to the following:
PAGE43
(I) The right of the Association to suspend the voting rights of an Owner.
in accordance with the procedures set forth in Section 7(h)(l) hereof, for (i) any
period during which any Assessment against such Owner's Lot remains unpaid and
(ii) for a period not to exceed thirty (30) days for any infraction of the Rules by such
Owner or any Occupant of such Owner's Lot after reasonable written notice and an
opportunity for a hearing before the Board which satisfies the minimum requirements
of applicable State law, as set forth in the Bylaws:
(2) The right of the Association to transfer all or substantially all of its
assets, including all or any part of the Common Area; provided, however, that so long
as there is any Lot, parcel, area or portion thereof for which the Association is
obligated to provide management, maintenance, preservation or control, no such
transfer shall be effective unless an instrument signed by Owners owning seventy-
five percent (75%) of the Total Entitlement (as defined in Section 5(b) hereof) shall
have been recorded stating that such Owners agree to such transfer and Declarant has
consented to the same in advance and in writing;
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(3) Notwithstanding Section 8(a)(.2) above, the right of the Association, in
accordance with the Sections and the Bylaws. to borrow money for the purpose of
improving, repairing and maintaining the Common Area or otherwise and, in
connection therewith, the right of the Association to hypothecate any or all real or
personal property owned by the Association including the Common Area;
(4) Notwithstanding Section 8(a)(2) above, the right of the Association, at
any time, without the approval of the Owners, to dedicate all or any portion of the
Common Area legally described in EXHIBIT C attached hereto and incorporated
herein by this reference to the City or otherwise for public use; and
(5)
the Rules.
(b) Use
The right of the Association to adopt, amend, supplement and enforce
Unless otherwise stated herein, the Common Area shall be used by the Owners and
Occupants in accordance with the Rules.
(c) Maintenance
(1) The Association shall maintain, repair, replace, alter and improve (as
appropriate) the Common Area or provide for the maintenance, repair, replacement,
alteration or improvement thereof and shall keep such areas in good order and repair.
(2) Any costs of temporary relocation suffered by the Owner or Occupant
of any Lot as a result of the repair, maintenance or improvement of the Common Area
by the Association shall be borne entirely by such Owner or Occupant.
(3) The Association shall be responsible for providing, at its sole expense,
(i) water to irrigate the landscaping in the entire Common Area, (ii) timers.
controllers and/or other systems for automatic irrigation of the landscaping in the
entire Common Area. and (iii) electricity to power any such automatic irrigation
systems. All such expenses shall be deemed Common Expenses.
(d) Creation of Maintenance Standards for Common Areas
The Board shall have the right to establish specific standards of maintenance
for the Common Area, whereupon the Association shall be obligated to adhere to
such standards of maintenance.
(e) Declarant's Right to Improve the Common Area
Notwithstanding anything to the contrary set forth in this Declaration, Declarant shall
have the right, from time to time, to construct within any Common Area, at Declarant's sole
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cost and expense, driveways. paved areas. pathways, sidewalks, fences, screening walls,
retaining walls, plantings, planted trees and shrubs, irrigation and drainage pipes and fixtures,
catch basins or other devices for the collection and/or detention of storm water runoff,
lighting fixtures, signs and any other structures, improvements. equipment, fixtures or
objects; provided, however, that following the initial construction thereof, the costs of
maintaining, managing, operating, repairing, replacing and altering any such improvements
shall constitute Common Expenses.
(t) Damage to the Common Area
The Owner and the Occupant of each Lot shall be jointly and severally liable to the
Association for all damage to the Common Area or to any other real or personal property
owned by the Association that may be sustained by reason of the negligence of such Owner
or Occupant, its Permittees, guests, licensees and invitees, which shal1 include, without
limitation, damage to curbs, sidewalks, drainage ponds or any part of a drainage system,
paved surfaces, monuments, signs. trees and landscaping. No Owner or Occupant shall do or
permit any of its Permittees, guests, licensees or invitees to do anything on the Common
Area that might increase the rate, or cause the cancellation, of any policies of insurance
obtained by or on behalf of the Association. Nothing in this Section 8(f) is intended to limit
the liability of any person for injury to or death of any person or loss of or damage to any
property (including the Common Area) resulting from the action, inaction, negligence, or
willful misconduct of such person (including any Permittees, guests. licensee. and invitees of
any Owner or Occupant).
(gJ Indemnity
Each Owner (including Declarant and its Affiliates only in their capacities as
Owners), by accepting its deed and/or continuing to own a Lot. and each Occupant (including
Declarant and its Affiliates only in their capacities as Occupants), by accepting the right to
occupy a Lot, agrees personally and for all its Permittees, to indemnify each and every other
Owner and Occupant, the Association, Declarant and each of their respective Affiliate(s),
heirs, successors and assigns. and to hold them harmless from, and to defend them against
any liability, including, without limitation, any claim by any Person for personal injury or
property damage, arising out of or connected with the use of the Common Areas by that
particular Owner or Occupant or its Permittees. ordinary wear and tear excepted. Nothing in
the foregoing shall limit the rights of the Owner, the Association or Declarant under relevant
State, local or federal law.
9. ENFORCEMENT
(a) Abatement and Suit
( 1) Subject to the restrictions set forth in this Declaration and those
imposed by law, the violation or breach of any covenant, condition. restriction or
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provision contained in the Governing Documents shall give the Association and its
agents, employees, representatives and contractors the right to enter upon such
portion of the Property upon or as to which said violation or breach exists and to
summarily abate and remove, at the expense of the Owner or Occupant thereof, any
structure, thing or condition that may be or exist thereon contrary to the intent and
meaning of the Governing Documents, if such violation or breach remains uncured
for a period of thirty (30) days after notice to the Owner or Occupant of the Lot on
which such violation or breach has occurred, provided, however, that if the violation
or breach cannot be cured in such thirty (30) day period but the Owner or Occupant
commences a cure within such period and thereafter diligently and continuously
pursues such cure to completion, then the Owner or Occupant sha!J have such Jonger
period as is necessary to complete such cure. If the Association fails timely to
exercise its rights under this Section 9(a)( 1) so as to abate and remove any structure,
thing or condition that may be or exist thereon contrary to the intent and meaning of
the Governing Documents, Declarant, prior to the Transition Date, shall have the
rights granted the Association under this Section 9(a)(l) and, if DecJarant elects to
exercise such rights, shall be reimbursed by the Owner or Occupant of the Lot on
which such violation or breach occurred for all costs and expenses incurred by
Declarant, together with interest thereon at the rate of eighteen percent ( 18%) per
annum from the date incurred to the date paid.
(2) Declarant, the Association (acting on behalf of itself or as
representative of the Owners) and any aggrieved Owner shall have the right to
prosecute a proceeding at law or in equity against any Owner or Occupant or any
other Person or Persons who have violated or breached or are attempting to violate or
breach any of the provisions, covenants, conditions and restrictions set forth in the
Governing Documents. to enjoin or prevent them from doing so, to cause said
violation or breach to be remedied or to recover damages for said violation; provided,
however. that nothing herein contained shall be deemed to impose upon Declarant.
the Association or any aggrieved Owner any liability for the failure to correct or
prosecute a violation or breach of the Governing Documents.
(3) Each Person comprising an Owner shall be jointly and severally liable
with each other Person comprising such Owner for the violation or breach of any
covenant, condition, restriction or provision contained in the Governing Documents
(i) existing upon the Lot or Lots owned by such Owner or (ii) caused or committed by
such Owner or any Occupant or Permittee of such Owner.
(b) Inspection
Declarant and its representatives and any Directors, officers, employees and agents of
the Association may. from time to time at any reasonable hour, and with a minimum of24
hours prior written notice to the Owner and any Occupant of such Lot, enter and inspect any
Lot to ascertain whether such Lot, the Improvements thereon and the uses thereof are in
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compliance with the Governing Documents, and no such entering Person (nor the
Association itself) shall thereby be deemed guilty of, or become liable for, any manner of
trespass or unlawful entrance in connection with such entry and inspection.
(c) Failure to Enforce Not a Waiver of Rights
With the exception of the time limit for action by Declarant contained in Section 4(c)
hereof, the failure of Declarant, the Association or any aggrieved Owner to enforce any
covenant, condition, restriction or provision herein contained shall in no event be deemed to
be a waiver of the right to thereafter do so nor of the right to enforce any other covenant,
condition, restriction or provision set forth in this Declaration.
(d) Enforcing Violations
The violation of any Entitlement or applicable governmental law, statute, ordinance.
rule or regulation shall constitute a violation of this Declaration and shall be enforceable in
accordance with the provisions of this Section 9.
10. TERMINATION AND AMENDMENT
(a) Term
The covenants, conditions and restrictions contained in this Declaration shall run with
and bind the Property and, subject to such limitations as may from time to time be expressly
set forth herein, shall inure to the benefit of and be enforceable by each Owner and its heirs.
successors and assigns in perpetuity.
PAGE47
(b) Amendments
(I) Except as otherwise provided in this Declaration, neither this
Declaration nor any provision hereof or any covenant. condition or restriction herein
contained, may be terminated, extended .. modified or amended, as to the whole of the
Property or any portion thereof, except upon the approval of Owners owning seventy-
five percent (75%) of the Total Entitlement (as defined in Section 5(b) hereof);
provided, however, that prior to the Transition Date, no such termination, extension,
modification or amendment shall be effective without the prior written approval of
Declarant thereto. No such termination. extension, modification or amendment shall
be effective until such termination, extension, modification or amendment has been
certified in a document executed and acknowledged by an officer of the Association
designated by the Board and has been recorded in the Office of Records and
Elections, King County, Washington. Within a reasonable time after such document
has been recorded, the Association shall mail a copy thereof to each Owner, together
with a statement that such document has been recorded.
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(2) Notwithstanding the foregoing, and in addition to any other rights it
may have to amend this Declaration as provided elsewhere herein, (i) at any time
prior to the Transition Date, Declarant may make and record additions, deletions or
amendments to this Declaration for the purpose of correcting ambiguities or technical
errors or for the purpose of clarification only. and (ii) at any time prior to the
Transition Date, Declarant may, without the vote or consent of the Owners (or any
other person or entity), at any time and from time to time in its sole discretion, make
and record such additions, deletions, amendments, modifications or supplements to
this Declaration as are not unfair or unreasonable, and which would not
disproportionately burden any Lot(s) not then owned by Declarant over Lot(s) then
owned by Declarant, and which would not increase the Assessments of any Lot(s) not
then owned by Declarant by more than five percent (5%) per annum.
(3) Any document recorded in accordance with this Section 1 O(b) shall be
conclusive in favor of all Persons who rely upon it in good faith.
(4) Notwithstanding the foregoing or anything to the contrary elsewhere
herein, the definition affecting only the Kaiser Lot in Article 1 and the provisions
contained in Articles 2 and 3 may only be amended. modified or terminated with the
prior written consent of The Boeing Company.
(c) Termination of Declarant's Interest
Declarant's right to enforce the provisions of this Declaration shall continue until the
Transition Date: provided. however, that Oeclarant shall be entitled, at any earlier time. by an
instrument in writing executed and acknowledged and recorded in the County, to terminate in
whole or in part its right to enforce the provisions of this Declaration.
11. RIGHTS OF LENDERS
(a) Priority of Lien of Mortgage
This Declaration shall be and remain senior in priority to all Mortgages hereafter
executed upon the Property. any Lot or any portion thereof: provided, however, that no
breach of the covenants, conditions or restrictions herein contained or foreclosure of any I ien
herein created for Assessments shall affect, impair. defeat or render invalid the lien, charge
or priority of any Mortgage made in good faith and for value encumbering any Lot. Any
Mortgagee or other Owner whose title to a Lot is derived through foreclosure (judicial or
nonjudicial), trustee's sale or deed in lieu of foreclosure, shall take title to such Lot subject
to, and shall be bound by, all the covenants, conditions and restrictions set forth in this
Declaration; provided, however, that such Lot shall be free of the I ien for both non
delinquent and delinquent Assessments (including costs of collection, late charges and
interest connected therewith) that have accrued up to the time of the foreclosure sale (judicial
or nmtjudicial), trustee's sale or conveyance in lieu of foreclosure (unless such Mortgagee or
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other Owner shall have expressly assumed the obligations secured by said lien), and such
Mortgagee or other Owner shall only be obligated to pay Assessments that become due or
payable on or after such Mortgagee or other Owner acquired title to such Lot (provided that
nothing herein shall release or diminish the defaulting Owner's continuing personal
obligation to pay such accrued and unpaid Assessments).
(b) Curing of Defaults
Any Mortgagee who acquires title by judicial foreclosure, deed in lieu of foreclosure
(judicial or nonjudicial) or trustee's sale shall not be obligated to cure any breach or violation
of the provisions of this Declaration which is incurable or of a type which is not practical or
feasible to cure. In the event that any Assessment on any Lot becomes delinquent or another
default under this Declaration occurs, the Association shall provide the Mortgagee with
notice of such default; provided, however that the Owner of such Lot must have furnished the
Association with the current address of the Mortgagee. The Mortgagee shall thereafter have
the right to cure such default within a reasonable time or to commence foreclosure
proceedings. If any Mortgagee commences foreclosure proceedings or gives notice to the
Association that it is commencing negotiations for a deed in lieu of foreclosure. the
Association shall stay any foreclosure proceedings instituted by it until the conclusion of
Mortgagee's proceedings or negotiations.
(c) Availability of Documents
The Association shall make available to Owners and t'vlortgagees current copies of the
Governing Documents, as well as the books, records and financial statements of the
Association. "Available" means available for inspection, upon request, during normal
business hours or under other reasonable circumstances. Upon written request, any
Mortgagee shall be entitled to receive an audited statement for the immediately preceding
Fiscal Year, which audited statement shall be prepared at the expense of such Mortgagee if
not otherwise available. Any such financial statement so requested shall be furnished within
a reasonable time following such request.
(d) Conflicts
In the event of any conflict between any of the provisions of this Section 11 and any
of the other provisions of this Declaration, the provisions of this Section 11 shall control.
12. MISCELLANEOUS PROVISIONS
(a) Constructive Notice and Acceptance
Every Person who now or hereafter owns or acquires any right, title or interest in or
to any portion of the Property or any Lot is and shall be conclusi\'ely deemed to have
consented and agreed to every covenant, condition, restriction and provision contained in this
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Declaration, whether or not any reference to this Declaration is contained in the instrument
by which such Person acquired an interest in the Property.
(b) Declarant's Rights U oder Other Documents
Nothing herein contained shall prejudice or diminish in any way Declarant's rights
under any other documents which may be subsequently recorded against all or any portions
of the Property.
(c) Land Use Matters
Declarant shall retain the right, in its sole discretion, for the benefit of the Lots of
which Declarant or an Affiliate ofDeclarant then retains ownership, or for the benefit of all
or any other portion of the Property, to apply for, obtain, prepare, change. amend.
supplement, modify or terminate any govemmental land use ordinance, development
entitlement or approval, organization or change of organization. environmental analysis or
mitigation plan or other Entitlement including or affecting the Property or otherwise,
including. without limitation, (a) any municipal incorporation, annexation or deannexation,
district formation or dissolution or any other change of organization contemplated by
applicable State law, (b) any general plan. specific plan, zoning ordinance or conditional use
permit. (c) any preliminary or final plat map, or any other approval (including lot mergers, lot
splits, lot line adjustments and similar approvals) available or required under applicable
law(s) or otherwise, (d) any amendment or supplement to any environmental impact report
related thereto and (e) any wetlands, geological or archaeological environmental mitigation
plan; provided, however, that such land use modification shall not materially affect any
Owner's right to develop its Lot or Lots in accordance with the Entitlements or Governing
Documents.
(d) Completion of Construction by Declarant
Declarant and its agents, representatives and independent contractors shall be entitled
to complete the construction of on site and off site improvements on or in the vicinity of the
Property, including, without limitation, grading, trenching, preparation of streets and curbs
and installation of utilities and sewers. and neither the Association nor any Owner or
Occupant shall interfere with or impede such completion of construction. In the event that,
prior to completion of such construction, Declarant or Declarant's independent contractor
reasonably determines that the activities of any Owner or Occupant upon the Common Area
or upon such Owner's or Occupant's Lot may interfere with such construction, then
Declarant or Declarant's independent contractor shall be entitled to impose such reasonable
conditions and limitations upon such activities as Declarant or such independent contractor,
in its reasonable discretion, determines to be necessary or appropriate to avoid such
interference; provided, however, that Declarant shall incur no liability arising out of either
the imposition of. nor the failure to impose, such conditions.
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(e) Release Upon Sale or Transfer of Lot.
Any person or entity acquiring fee title to any portion of the Property shall be bound
by this Declaration only as to the Lot acquired by such person or entity. Such person or
entity shall be bound by this Declaration only during the period such person or entity is the
fee owner of such Lot, except as to obligations, liabilities or responsibilities that accrue or are
based on events which occur during its period of ownership. Although persons or entities
may be released under this Section, the easements, covenants and restrictions in this
Declaration shal1 continue to be benefits and burdens upon the Property running with the
land.
(f) Notices
Except as otherwise expressly provided in this Declaration or required by law, all
notices, consents, requests, demands, approvals, authorizations and other communications
provided for herein shall be in writing and shall be deemed to have been duly given if and
when personally served or seventy two (72) hours after being sent by United States first class
mail, postage prepaid or upon receipt after being sent by a nationally recognized overnight
courier service with all charges for next business day delivery prepaid, to the intended party
at its last known address. For purposes of this Section 12(e), ··last known address" with
respect to any Owner shall mean such Owner's address appearing on the books of the
Association or supplied by such Owner to the Association. Ifno address is supplied, then
such Owner's address shal1 be deemed to be the address of any Lot owned by such Owner.
With respect to (i) any such notice, consent, request, demand, approval, authorization or
communication and (ii) any document or instrument (whether a Governing Document or
otherwise) given or made available to any Owner hereunder or under any of the other
Governing Documents and which might concern an Occupant of such Owner's Lot. it shall
be the sole responsibility of such Owner (but in no event the responsibility of the
Association) to make a copy thereof available in a timely manner to such Occupant.
(g) Liberal Construction
The provisions of this Declaration shall be liberally construed to effectuate its
purpose. The failure to enforce any provision of this Declaration shall not constitute a waiver
of the right to thereafter enforce such provision or the right to enforce any other provision
hereof.
(h) Singular Includes Plural
Whenever the context of this Declaration requires, the singular shall include the
plural, and vice versa, and the masculine shall include the feminine and the neuter, and vice
versa.
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(i) Headings
Paragraph, Section and Section headings. where used in this Declaration, are inserted
for convenience only and are not intended to be a part hereof or in any way to define. limit or
describe the scope and intent of the particular provisions to which they refer.
(j) Effect of Invalidation
Each covenant, condition and restriction of this Declaration is intended to be, and
shall be construed as, independent and severable from each other covenant, condition and
restriction. If any covenant, condition or restriction of this Declaration is held to be invalid
by any court, the invalidity of such covenant, condition or restriction shall not affect the
validity of the remaining covenants, conditions and restrictions hereof.
(k) No Discriminatory Restrictions
No Owner or Occupant shall execute or cause to be recorded any instrument that
imposes a restriction upon the sale, leasing or occupancy of his Lot on the basis of race, sex,
marital status, national ancestry, color or religion.
(I) Cumulative Remedies
Each remedy provided for in this Declaration and/or in the Governing Documents
shall be cumulative and not exclusive. The failure to exercise any remedy provided for in
this Declaration or any other Governing Document shal I not constitute a waiver of such
remedy or of any other remedy provided herein or therein.
(m) Attorneys• Fees and Costs
If any Person commences litigation for the judicial interpretation or enforcement
hereof or of any of the other Governing Documents, or for damages for the breach hereof or
of any of the other Governing Documents, the prevailing party shall be entitled to its
reasonable attorneys' fees and court and other costs incurred.
(n) Conflicting Provisions
In the case of any conflict between the provisions of this Declaration and the Articles
or between the provisions of this Declaration and the Bylaws, this Declaration shall control.
(o) Grants and Vesting of Approvals and Consents
Notwithstanding any other provision of this Declaration. each of the Declarant, the
Owners, the Association. the Board, and any committees created by the Board for such
purpose shall not unreasonably withhold its affirmative vote, consent or approval when such
affirmative \·ote. consent or approval is required to be obtained under the terms of this
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Declaration. After any such consent or approval has been granted by any such entity, such
consent or approval shall be deemed a vested right of the Person that obtained such consent
or approval. and may not be revoked or modified in any way without the prior written
consent and agreement of such Person.
{The remainder o_fthis page is intentionally left blank.]
PAGE S3
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IN WITNESS WHEREOF, Declarant has hereunto affixed the following signatures
as of the date first above written.
PAGE54
Declarant:
LONGACRES PARK, INC., a Washington
corporation
By ~-r2iL· ~ame:Marc A, Poulin
Title: Authorized Signatory
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STA TE OF MISSOURJ )
) ss.
COUNTY OF ST. LOUIS )
On this \':f" day of bf;(fM'ef:R . 20U__, before me personally appeared
Marc A. Poulin, to me known to be the Authorized Signator)Of LONGACRES PARK, INC,
the corporation that executed the foregoing instrument and acknowledged said instrument to
be the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument on behalf
of said corporation.
MARGAUX D LERITZ
NOTARY PUBLIC· NOTARY SEAL
STATE Or MISSOURI
tit COMMISSION EXPIRES AUGUST 3, l024
ST. LOUIS COUNrf.oMI COMMISSlON #20657,._
PAGE 55
~ -0~
(~ary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Missouri, residing at ~. Lo\J\~ i;o\)"'1'N
My appointment expires:M)&\JtiJ' ~, '20?4
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Record Date:12/17/2021 3:31 PM King County, WA
EXHIBIT A
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Site Plan of the Property
A-I
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Record Date:12/17/2021 3:31 PM King County, WA
PARCELA
,LOU
PJll!Cf:~F
SW 16th St
PARCELF
PARCEi.A
LOT3
1'ARC£l,A
:tOf4'
ARC:EL/1:
LOTS.
.PARCELA
1LOT6
!ARCEL A PARCEL A
tOT7 LOT8
PARctLtf
TRACTil
PAliCEl.A
LOT13 '
PARCEi.A
LOTll
PARCElA
lOT,21
PAtl.ttS> 1LOT21:'Y>
PA11CELA
I.OT24
~t-------1 ..
~ l'ARcnA
t0T2~ )----.--.L...---1----------1 j
a t--------1
1PARCEL,A
:LOT14
pARCELA
r.o·uo
PARC£LG
LOT:18A
PARCElA
lOT.il.7
ll'ARCELA
lOT26
SW 27th St ~---..__ _____ ....L _______ UJ --,.......;;.;_;.;.;_;;.;__,,. .----------...J
Legend
c:::J The Property
~ Structure Existing on the Property as of the Effective Date
C:=JLots
IA LANDAU
~ ASSOCIATES
Data Source: King County GIS.
Boeing Longacres
Renton, Washington
PAACiRA
TRACTE
0 500 1,000
Scale in Feet
Exhibit
Site Plan of the Property A
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Record Date:12/17/2021 3:31 PM King County, WA
EXHIBITB
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Legal Description of the Property
PARCEL A:
TRACT 1:
LOTS I. 2, 3, 4, 5, 6. 7, 8 11, 12. 13, 14, 17, 20, 21, 22, 23. 24, 25 AND 26 AND
TRACTS A, B AND E OF BOEING
LONGACRES PROPERTY BINDING SITE PLAN. ACCORDING TO THE PLAT
RECORDED IN VOLUME 212 OF PLATS AT
PAGES 63 THROUGH 69 AND AMENDED IN VOLUME 219 OF PLATS AT
PAGES 67 THROUGH 73 AND IN VOLUME 228 OF PLATS AT PAGES 22
THROUGH 28, IN KING COVNTY, WASHINGTON;
EXCEPT THAT PORTION OF LOTS 4, 5 AND 7 CONVEYED TO CENTRAL
PUGET SOUND REGIONAL TRANSIT AUTHORITY
BY DEED RECORDED UNDER RECORDING NO. 20130801002216; AND
EXCEPT THAT PORTION OF LOTS 1, 2, 3. 4 AND 7 CONVEYED TO BNSF
RAILWAY COMPANY AND BN LEASING CORPORATION BY DEED
RECORDED UNDER RECORDING NO. 20131206001379.
TRACT I-A:
A NON-EXCLUSIVE EASEMENT FOR FIRE AC'CESS AS CREATED BY THAT
FIRE ACCESS EASEMENT AGREEMENT RECORDED UNDER RECORDING
NO. 9905211140.
TRACT 2:
LOTH OF LOT LINE ADJUSTMENT NO. LUA 07-068-LLA RECORDED
SEPTEMBER 11. 207 AS RECORDING NO. 20070911900008, IN KING
COUNTY, WASHINGTON.
PARCEL B:
THAT PORTION OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,
IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
R-l
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BEGINNING AT THE INTERSECTION OF THE NORTH MARGIN OF SOUTH
153RD STREET (ALSO KNOWN AS BOND ISSUE
ROAD NO. 10, SURVEY NO. 1142), WITH THE WEST BOUNDARY OF C. D.
HILLMAN'S EARLINGTON GARDENS ADDITION TO THE CITY OF SEATTLE,
DIVISION NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 17 OF PLATS, PAGE 74, IN KING COUNTY, WASHINGTON;
THENCE WESTERLY ALONG THE SAID NORTH MARGIN 350 FEET TO THE
TRUE POINT OF BEGINNING OF THIS DESCRIPTION:
THENCE CONTINVING WESTERLY ALONG SAID NORTH MARGIN 257 FEET;
THENCE NORTHERLY AT RIGHT ANGLES TO SAID SOUTH 153RD STREET TO
THE SOUTHERLY MARGIN OF THE RIGHT OF WAY OF PRIMARY STATE
HIGHWAY NO. I AS ESTABLISHED BY THE DEED RECORDED UNDER
AUDITOR'S FILE NO.
5648715;
THENCE NORTHEASTERLY ALONG SAID SOUTHERLY MARGIN TO A LINE
DRAWN NORTHERLY AT RIGHT ANGLES TO
THE NORTH MARGIN OF SAID SOUTH 153RD STREET THROUGH THE TRUE
POINT OF BEGINNING:
THENCE SOUTHFRL Y ALONG SAID LAST DESCRIBED LINE TO THE TRUE
POINT OF BEGINNING; (BEING KNOWN AS THAT PORTION OF TRACTS 9, I 0,
11, AND 12, SUNSET HOME GARDENS, ACCORDING TO THE UNRECORDED
PLAT THEREOF, LYING SOUTHERLY OF PRIMARY STATE HIGHWAY NO. 1).
PARCEL C:
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING
SOUTHERLY OF THE SOUTHERLY LINE OF BLACK RIVER JUNCTION ROAD.
ALSO KNOWN AS SECONDARY HIGHWAY NO. 1-L, AS CONVEYED BY DEED
RECORDED UNDER RECORDING NO. 2919483:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER AND OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER, SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 RAST W.M., IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY MARGIN OF BOND
ISSUE ROAD NO. IO "SURVEY NO. l 142"
NOW SOUTH 153RD STREET, WITH THE WEST BOUNDARY OF C.D.
HILLMAN'S EARLINGTON GARDENS ADDITION TO THE CITY OF SEATTLE,
B-2
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DIVISION NO. 1, AS PER PLAT RECORDED IN VOLUME 17 OF PLATS, PAGE 74,
RECORDS OF KING COUNTY; THENCE WESTERLY ALONG SAID NORTHERLY
MARGIN 607 FEET TO THE TRUE POINT OF BEGINNING.
THENCE CONTINUING WESTERLY ALONG SAID NORTHERLY MARGIN 120
FEET:
THENCE AT RIGHT ANGLES TO SAID NORTHERLY MARGIN. NORTHERLY
715 FEET, MORE OR LESS, TO THE
SOUTHEASTERLY MARGIN OF THE PUGET SOUND ELECTRIC RAILWAY
RIGHT-OF-WAY "SEATTLE-RENTON INTERURBAN RIGHT-OF-WAY";
THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY MARGIN TO
INTERSECT A LINE DRAWN NORTHERLY AND AT RIGHT ANGLES TO THE
NORTHERLY MARGIN OF SAID BOND ISSUE ROAD NO. 10, THROUGH THE
TRUE POINT OF BEGINNING;
THENCE SOUTHERLY, ALONG THE LAST DESCRIBED LINE, 745 FEET, MORE
OR LESS, TO THE TRUE POINT OF BECiINNING:
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR
HIGHWAY PURPOSES BY DEED RECORDED UNDER RECORDING NO.
5500257:
(ALSO BEING KNOWN AS THAT PORTION OF TRACTS 7 AND 8, SUNSET
HOME GARDENS, ACCORDING TO THE UNRECORDED PLAT THEREOF,
LYING SOUTHERLY OF SECONDARY HIGHWAY NO. 1-L).
PARCEL D:
THAT PORTION OF THE NORTHWEST HALF OF THE SOUTHEAST HALF OF
SECTION 24. TOWNSHIP 23 NORTH, RANGE 4 EAST WM .. IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ON THE NOR TH LINE OF THE SOUTH 153RD STREET AT A POINT
WHICH IS 789 FEET WESTERLY FROM THE WEST LINE OF 80TH A VENUE
SOUTH:
THENCE NORTHERLY, AT RIGHT ANGLES, TO THE SOUTH LINE OF
PRIMARY STATE HIGHWAY NO. I;
THENCE WESTERLY ALONG SAID SOUTH LINE TO INTERSECT A LINE
PROJECTED NORTHERLY AT RIGHT ANGLES TO
THE NORTH LINE OF SAID SOUTH 153RD STREET FROM A POINT THEREON
854 FEET WESTERLY FROM THE WEST
LINE OF SAID 80TH A VENUE;
B-3
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THENCE SOUTHERLY ALONG SAID PROJECTED LINE TO THE NORTH
LINE OF SAID SOUTH 153RD STREET; THENCE EASTERLY ALONG SAID
LAST DESCRIBED UNE 65 FEET TO THE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF 77TH AVENUE SOUTH. VACATED BY
THE CITY OF RENTON ORDINANCE NO. 2192, AS WOULD ATTACH BY
OPERATION OF LAW.
AND
THAT PORTION OF THE SOUTHWEST ¼ OF THE NORTHEAST QtTAR TER AND
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
24, TOWNSHIP 23 NORTH. RANGE 4 EAST W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ON THE NORTH MARGIN OF SOUTH 153RD STREET (S.W. 16TH
ST), AS CONVEYED TO KING COUNTY BY
DEED RECORDED UNDER RECORDING NO. 1144220, AT A POINT WHICH IS
727 FEET WEST OF THE WEST LINE OF
C.D. HILLMAN'S EARLINGTON GARDENS ADDITION TO THE CITY OF
SEATTLE, DIVISION NO. 1. AS PER PLAT
RECORDED IN VOLUME 17 OF PLATS, PAGE 74, RECORDS OF KING COUNTY;
THENCE WEST ALONG SAID STREET LINE 62 FEET;
THENCE NORTHERLY AT RIGHT ANGLES TO SAID STREET MARGIN 350
FEET. MORE OR LESS, TO THE SOUTHERLY
LINE OF RENTON JUNCTION WAY (SECONDARY STA TE HIGHWAY NO. 1-L)
AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 2919489;
THENCE NORTHEASTERLY ALONG SAID LINE 68 FEET, MORE OR LESS, TO A
POINT ON A LlNE ORA WN FROM THE
POINT OF BEGINNING, NORTHERLY AT RIGHT ANGLES TO THE NORTH
LINE OF SAID SOUTH 153RD STREET; THENCE SOUTHERLY 370 FEET, MORE
OR LESS, TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF A LINE ORA WN
PARALLEL WITH AND 100 FEET DISTANT SOUTHERLY WHEN MEASURED
RADIALLY FROM THE F. A. I.-405 CENTERLINE SURVEY OF PRIMARY
STATE HIGHWAY NO. 1, JCT. SSH#2-MTO JCT. PSH #2 IN RENTON, AS
CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 594806;
B-4
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(ALSO BEING KNOWN AS THAT PORTION OF TRACT 6, SUNSET HOME
GARDEN TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF,
LYING SOUTH OF RENTON JUNCTION WAY).
PARCEL E:
THAT PORTION OF THE SOUTHWEST Ql'ARTER OF THE NORTHEAST
QUARTER AND OF THE NORTHWEST QUARTER OF
THE SOL'THEAST ~:i OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST
W.M., IN KING COUNTY, WASHINGTON.
LYING SOUTH OF SECONDARY ST A TE HIGHWAY NO. 1. LYING WEST OF
77TH A VENUE SOUTH (BLACK RJVER
JUNCTION-RENTON ROAD) AS CONVEYED UNDER RECORDING NO. 2919485,
AND LYING NORTH OF SOUTH 153RD STREET (S.W. 16TH ST.) ALSO KNO\VN
AS JAMES WELSON COUNTY ROAD NO. 673:
EXCEPT ANY PORTION THEREOF LYING WEST OF A LINE DRAWN
PARALLEL TO AND DISTANT 240 FEET WEST FROM
THE CENTER LINE OF THE EXISTING CONCRETE PAVEMENT OF SAID 77TH
A VENUE SOUTH (SAID CENTER UNE BEING LOCATED 30 FEET EAST OF THE
WEST LINE OF 77TH A VENUE SOUTH);
AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF
WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1 BY DEED RECORDED
UNDER RECORDING NO. 5494126;
EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON FOR STREET
PURPOSES BY DEED RECORDED UNDER RECORDING NO. 9304130340.
TOGETHER WITH THAT PORTION OF VACA TED 77TH A VENUES. ADJOINING
WHICH. UPON VACATION, ATTACHES TO SAID PROPERTY BY OPERATION
OF LAW AS PROVIDED BY ORDINANCE NO. 2 I 92 OF THE CITY OF RENTON.
PARCEL F:
PORTION OF GOVERNMENT LOT 14, AND A PORTION OF GOVERNMENT LOT
8, BOTH IN SECTION 24, TOWNSHIP 23
NORTH, RANGE 4 EAST. W.M .. IN KING COUNTY, WASHINGTON, AND A
PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 24, AND A PORTION OF THE NORTHEAST QUARTER OF THE
B-5
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SOUTHEAST QUARTER OF SAID SECTION 24, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 24:
THENCE FROM SAID POINT Of BEGINNING, ALONG THE EAST LINE OF SAID
GOVERNMENT LOT 14 SOUTH 00°56'17 11
WEST 68.96 FEET TO THE NORTH LINE OF HENRY A. MEADER'S DONATION
LAND CLAIM NO. 46;
THENCE ALONG SAID NORTH LINE NORTH 87°13'57" WEST 1462.38 FEET;
THENCE LEAVING SAID NORTH LINE NORTH 00°22'1 l" EAST 1022.22 FEET TO
THE SOlTHERL Y RIGHT OF WAY OF 1-
405;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND THE SOUTH
RIGHT-OF-WAY UNE OF SW 16TH STREET
FROM A TANGENT THAT BEARS NORTH 62°52'57" EAST, ALONG THE ARC OF
A CURVE TO THE RIGHT HA VINO A
RADIUS OF 543.14 FEET AND A CENTRAL ANGLE OF 26°45'00", AN ARC
LENGTH OF 253.58 FEET;
THENCE TANGENT TO THE PRECEDING CURVE NORTH 89°37'57" EAST
1079.63 FEET;
THENCE TAN GENT TO THE PRECEDING COURSE ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF
1940.08 FEET AND A CENTRAL ANGLE OF 02°52'00", AN ARC LENGTH OF
97.07 FEET;
THENCE TANGENT TO THE PRECEDING CURVE NORTH 86°45'57" EAST 4.56
FEET;
THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF
1880.08 FEET AND A CENTRAL ANGLE OF 01°32'55", AN ARC LENGTH OF
50.81 FEET, TO THE NORTHWEST CORNER OF
PARCEL CONVEYED TO THE CITY OF RENTON UNDER RECORDING
NUMBER 8911030810, KING COUNTY RECORDS;
THENCE ALONG THE BOUNDARY OF LAST SAID PARCEi, SOUTH 08°35'56"
WEST 42.70 FEET AND NORTH 79°13'48"
EAST 58.77 FEET TO THE WEST RIGHT OF WAY LINE OF THE WHITE RIVER
DRAINAGE DITCH NO. l, AS CONDEMNED
lN SUPERIOR COURT CAUSE NO. 32912. KING COUNTY RECORDS;
THENCE ALONG SAID WEST RIGHT OF WAY LINE THE FOLLOWING
COURSES:
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Instrument Number: 20211217001287 Document:AMND Rec: $273.50 Page-65 of 71
Record Date:12/17/2021 3:31 PM King County, WA
SOUTH 00°25'33" EAST 47.35 FEET:
SOUTH 01 °48'32" WEST 44.26 FEET:
SOUTH 07°14'42" EAST 48.28 FEET;
SOUTH 19°25'58" EAST 66.50 FEET;
SOUTH 20°05'30" EAST 40.14 FEET;
SOUTH 30°55'50" EAST 51.32 FEET;
SOUTH 39°53'54'' EAST 32. I 9 FEET;
SOUTH 30°06'16" EAST 76.04 FEET:
SOUTH 27°12'00" EAST 34.56 FEET;
SOUTH 31°19'50" EAST 41.01 FEET;
SOUTH 36°00'41" EAST 74.11 FEET;
SOUTH 31 °50' 12" EAST 42.02 FEET;
SOUTH 42°05'27" EAST 47.21 FEET;
SOUTH 40°19'57" EAST 47.67 FEET;
SOUTH 45°25'52" EAST 59.32 FEET;
SOUTH 50°37'12" EAST 39.63 FEET;
SOUTH 51°16'55" EAST 68.16 FEET:
SOUTH 81 °36'50" EAST 62.75 FEET;
NORTH 86°59'20" EAST 94.92 FEET;
SOUTH 55°04'26" EAST 53.26 FEET;
SOUTH 48°31'30" EAST 45.85 FEET:
SOUTH 39°25'24" EAST 49.84 FEET:
SOUTH 36°49'16" EAST 46.76 FEET:
SOUTH 44°53'21" EAST 48.07 FEET;
SOUTH 29°35'20" EAST 35.41 FEET;
SOUTH 30°48'4 l" EAST 46.69 FEET:
SOUTH 20°07'49" EAST 85.72 FEET: AND
SOUTH 24°18'59" EAST 68.77 FEET TO THE SOUTH LINE OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24;
THENCE ALONG LAST SAID SOUTH LINE NORTH 87&'45" WEST 918.35 FEET
TO THE POINT OF BEGINNING:
EXCEPT THAT PORTION FOR SOUTHWEST 16TH STREET AS CONVEYED TO
THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO.
9504060139;
EXCEPT THAT PORTION FOR OAKESDALE AVENUE SOUTH AS CONVEYED
TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO.
9803250371;
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Instrument Number: 20211217001287 Document:AMND Rec: $273.50 Page-66 of 71
Record Date:12/17/2021 3:31 PM King County, WA
EXCEPT THAT PORTION CONVEYED TO KING COUNTY DRAINAGE
DISTRICT NO. I, KCNG COUNTY, WASHINGTON BY DEED RECORDED UNDER
RECORDING NO. 19990703000354;
TOGETHER WITH THAT PORTION CONVEYED FROM KING COUNTY
DRAINAGE DISTRICT NO. 1, KING COUNTY, WASHINGTON BY DEED
RECORDED UNDER RECORDING NO. I 9990703000353.
PARCEL F-1:
A NON-EXCLUSIVE EASEMENT FOR CONSTRUCTING, RECONSTRUCTING,
INSTALLING, REPAIRING, REPLACING. OPERATING, MAINTAINING AND
CLEANING A 36' REINFORCED CONCRETE PIPE (RCP) OUTFALL STRUCTURE
AS ESTABLISHED BY EASEMENT RECORDED MAY 19. I 994 UNDER
RECORDING NO. 9405190503.
PARCELG:
LOTS 16AAND 18A OF LOT LINE ADJUSTMENT NO. LUA15~000850-LLA
RECORDED UNDER RECORDING NO. 20151224900008, IN KING COUNTY,
WASHINGTON.
PARCEL H:
TRACT l OF LOT LINE ADJUSTMENT NO. LUA 15-000850-LLA RECORDED
UNDER RECORDING NO. 20151224900008, IN KING COl'NTY, WASHINGTON.
KAISER LOT:
LOT X OF CITY OF RENTON LOT COMBINATION NO. LUA 16-000070
RECORDED UNDER KING COUNTY RECORDING NO. 20160420000041.
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Instrument Number: 20211217001287 Document:AMND Rec: $273.50 Page-67 of 71
Record Date:12/17/2021 3:31 PM King County, WA
EXHIBITC
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Description of the Common Area
TRACTS A AND B OF BOEING LONGACRES PROPERTY BINDING SITE
PLAN, ACCORDING TO THE PLAT RECORDED IN VOLUME 212 OF PLATS
AT PAGES 63 THROUGH 69 AND AMENDED IN VOLUME 219 OF PLATS AT
PAGES 67 THROUGH 73 AND IN VOLUME 228 OF PLATS AT PAGES 22
THROUGH 28, lN KING COUNTY, WASHINGTON.
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Instrument Number: 20211217001287 Document:AMND Rec: $273.50 Page-68 of 71
Record Date:12/17/2021 3:31 PM King County, WA
EXHIBITD
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Legal Description of Sound Transit Property
THAT PORTION OF LOTS 4, 5 AND 7 CONVEYED TO CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTHORITY BY DEED RECORDED UNDER KING COUNTY
RECORDING NO. 20130801002216, AND FURTHER DESCRIBED AS:
Portions of Lots 4, S, and 7 of1he Boeing Longacres Property Binding Site Plan
according to the plat thereof recorded in Volume 228 of Plats Pages 22 through 28,
inclusive. as filed under Recording No. 20030221002404, and as amended under
Recording Nos. 20040108000164 wid 20050504000673. records of King County
Washington, more particularly described as follows:
That portion of Lot 4 commencing at the southeast comer of said Lot 4; thence along the
south line of said Lot 4, S 89.59'25"' W a distance of 397. 76 feet to a point, said point
being 50.00 feet easterly of (when measured perpendicular to) the easterly margin of the
BNSF Railroad right-of-way. said point also being the True Point of Beginning of this
described portion of Lot 4; thence continuing along said south line~ S 89°59'25"' W a
distance of 50.03 feet to said easterly margin of said railroad right-of-way; thence along
said easterly margin. N 02°06'22" Ea distance of 207.47 feet; thence S 87°S3'37" Ea
distance of 50.00 feet to a line, said line being parallel with and 50.00 feet easterly of said
easter1y margin of said rai1road right-of-way; thence along said paraJlel line~ S 02°06'22"
W a distance of 205 .63 feet to the True Point of Beginning.
TOGETHER WITH that portion of Lot 5 commencing at the southeast comer of said Lot
S; thence along the south line of said Lot St S 89°5912S 11 W a distance of 213.20 feet to a
point, said point being 50.00 feet easterly of (when measur<:d perpendicular to) the
easterly margin of the BNSF RaHroad right-of-way~ said point atso being the True Point
of Beginning of this -descri"bed portion of Lot S; thence continuing a.Jong said south line, S
89°59"25"' W a distance of 50.03 feet to said easterly margin of said railroad right-of.
way; thence along said easterly margin., N 02~'2211 £ a distance of 672. 79 feet to the
north line of said Lot 5; thence along said north line, N 89°59'2s•• Ea distance of 50.03
feet to a line. said line being paraJlel with and 50.00 feet easterly of said easterly margin
of said railroad right-of-way; thence along said parallel line. S 02°06'22" W a distance of
672. 79 feet to the True Point of Beginning.
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Instrument Number: 20211217001287 Document:AMND Rec: $273.50 Page-69 of 71
Record Date:12/17/2021 3:31 PM King County, WA
TOGETHER WITH that portion of Lot 7 commencing at the northeast ~Omer of said Lot
7; thence along the north line of said Lot 7, S 89°59'25" W a distance of213.20 feet to a
point th.at is S0.00 feel easterly of (when measured perpendicular ro) the easterly margin
of the BNSF Railroad right-of-way, said point a]so being the True Point of Beginning of
this described portion of Lot 7; thence continuing along said north line. S 89°59'2S .. W a
distance of 50.03 feet to said easterly margin of said railroad right-of•way; thence along
said easterly margin~ S 02°06'22 11 W a distance of 333.19 feet~ then,e S 87°53'36" E a
distance of S0.00 to a line that is para]lel with and 50.00 feet easterly of said easterly
margin of said railroad right-of-way; thence along said parallel line N 02°06'22" E a
distance of 335.03 feet back to the true point of beginning.
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Instrument Number: 20211217001287 Document:AMND Rec: $273.50 Page-70 of 71
Record Date:12/17/2021 3:31 PM King County, WA
EXHIBITE
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Legal Description of Kaiser Lot
LOT X OF CITY OF RENTON LOT COMBINATION NO. L L'A 16-000070 RECORDED
UNDER KING COUNTY RECORDING NO. 20160420000041.
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Instrument Number: 20211217001287 Document:AMND Rec: $273.50 Page-71 of 71
Record Date:12/17/2021 3:31 PM King County, WA
EXHIBITF
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Certain Entitlements
A. Permits and Approvals
I. Longacres Office Park ("LOP") Environmental Impact Statement ("EIS")
Mitigation Document (City of Renton. 1995), including Transportation Mitigation
Conditions Agreement between The Boeing Company ("Boeing") and the City of Renton.
2. Grade and Fill Permit and MONS, Surface Water Management Project
("SWMP") (City of Renton, 1998).
3. Section 404 Wetland Fill Permit Extension (Corps of Engineers. 1999)-
permit to fill all wetlands with required mitigation under the SWMP, including restriction for
the South Marsh wetland and reservation of a wildlife corridor as mapped.
4. Section 401 Water Quality Certification (Ecology, 1999)-certification and
conditions for the § 404 pennit.
5. Development Agreement and EIS Addendum (City of Renton, 2000)-
approval and vesting of Longacres Office Park master plan. together with Addendum to
Boeing Longacres Office Park Final EIS dated May 14, 2002.
B. Agreements
1. Strander Agreement (The Boeing Company. and City of Renton. 2002)-
reservation and no building restriction on 90 foot strip across LOP, pre-paid trips.
2. Longacres Park Transportation Mitigation Conditions Agreement (Boeing and
City of Tukwila, I 995) [as updated by letter agreement]
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