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HomeMy WebLinkAboutL_Declaration_CCR_190122_v1.pdf Page 1 of 21 RETURN TO: Renton 4 LLC c/o Kendall Homes PO Box 837 Renton, WA 98057 DOCUMENT TITLE(S): DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR RENTON 14 HOMEOWNERS ASSOCIATION. REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: N/A Additional reference numbers are on page N/A of document. DECLARANT: Renton 4 LLC, a Washington limited liability company Additional names on page N/A of document. LEGAL DESCRIPTION: (abbreviated i.e. lot, block, plat, section, township, and range) Page 2 of 21 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR RENTON 14 HOMEOWNERS ASSOCIATION THIS DECLARATION is made this 17th day of January, 2019, by Renton 4 LLC, a Washington limited liability company (hereinafter collectively referred to as "Declarant"). Declarant is the owner of certain land situated in the City of Renton, King County, Washington, legally described on attached Exhibit A, which includes Lots 1 through 15 and Tracts A, B and C (the “Plat”). This Declaration establishes a plan for the private ownership of the fifteen (15) lots in the Plat and the single-family homes to be constructed on those Lots and for the shared ownership by the Owners (defined below) as tenants in common of the Common Area Tracts (defined below). Declarant is also creating the Association (defined below) comprised of the Owners for the purpose of maintaining and operating the Common Areas (defined below), administering and enforcing the covenants, conditions and restrictions stated in this Declaration, delegating and assigning duties among the Owners and the Association, and collecting and disbursing assessments and charges from the Owners. The Declaration further establishes the right and power of the Association to levy general and special assessments on each Owner to finance the construction and maintenance of improvements to the Common Areas and to effectuate all the powers and duties of the Association, as described herein. The Declaration further establishes certain restrictions on th e various uses and activities that may be permitted on the Property, and further establishes the right of the Association to promulgate rules and regulations which may further define and limit permissible uses and activities consistent with the provisions of this Declaration. NOW, THEREFORE, the undersigned hereby covenants, agrees and declares that all of the Property, as defined herein, and the buildings and structures hereafter constructed thereon, are and will be held, sold and conveyed subject to and burdened by the following covenants, conditions, restrictions and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property, and all for the benefit of the Owners thereof, their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title or interest in the Property, or any part thereof, and shall inure to the benefit of the Owners thereof and to the benefit of the Association and are intended to be and shall in all respects be regarded as covenants running with the land. ARTICLE 1. - DEFINITIONS 1.1 "Association" shall mean and refer to the Renton 14 Homeowners Association, a Washington nonprofit corporation, and its successors and assigns. Page 3 of 21 1.2 "Association Action" shall mean and refer to a written corporate action of the Association in the form of either a Bylaw or resolution duly adopted or approved by either the Board or the Owners, as applicable. 1.3 "Board" shall mean and refer to the Board of Directors of the Association. 1.4 “Building” or “Home” shall mean the single-family residence constructed on a Lot, together with the appurtenant landscaping, fences, garages and driveway located on any portion of such Lot. 1.5 "Common Areas" shall mean and refer to both (a) all portions of the Property owned by the Owners, as tenants in common, for the common use and enjoyment of the Owners; including landscaping and other utility systems which may be located on or in the Common Areas or between the Common Areas and the streets or on or in other public or utility easements, and (b) those portions of the Property owned by the tenants in common for the common use and enjoyment of the Owners, including Tracts A, B. Tract C ownership shall remain with Renton 4 LLC. 1.6 "Declarant" shall mean and refer to Renton 4 LLC, a Washington limited liability company, its successors and assigns. 1.7 "Declaration" shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. 1.8 “Easement” shall mean any easements of record, shown on the Plat, or granted in this Declaration, including an easement for ingress, egress and utilities over Tract B, storm water facilities on Tract A, including easement to City of Renton/King County, easement for electric and gas transmission and distribution line facilities to Puget Sound Energy, street frontage utility easements, and private easements over lots 1-4 and 5-13. In addition, the Association shall have an easement to perform all Association functions authorized by this Declaration including performing maintenance on any Lot if an Owner fails to do so, and for maintaining any fencing, landscaping, utilities, or Common Areas. 1.9 "Governing Documents" shall mean and refer to this Declaration and the Articles of Incorporation, Bylaws and Rules of the Association, as any of the foregoing may be amended from time to time. 1.10 "The Property" shall mean and refer to that certain real property described on Exhibit A attached hereto, being commonly referred to as Lots 1 through 15 and Tracts A, B, and C 1.11 of the Plat. 1.12 "Lot" shall mean each of Lots 1 through 15 of the Plat. Page 4 of 21 1.13 "Mortgage" shall mean and refer to any recorded mortgage or deed of trust encumbering one Lot. "First Mortgage" shall mean and refer to a Mortgage with priority over all other Mortgages. 1.14 "Mortgagee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees. As used herein, the term "Institutional Mortgagee" or "Institutional Holder" shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal National Mortgage Association ("FNMA"), Federal Home Loan Mortgage Corporation ("FHLMC"), Federal Housing Administration ("FHA"), all corporations and any agency or department of the United States Government or of any state or municipal government. 1.15 "Owner" shall mean and refer to the record owner (whether one or more persons or entities) of a fee interest in any Lot, excluding Mortgagees or other persons or entities having such interest merely as security for the performance of an obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. 1.16 “Plat” shall constitute the Real Property referred to as Lots 1 through 15 of the Renton 14 Plat including Tracts A, B, and C recorded in King County under Recording Number ____________________________. 1.17 "Single-Family" shall mean and refer to both (a) a single housekeeping unit of related individuals, or (b) not more than four (4) adults who are not legally related. 1.18 “Structure” shall mean any building, fence, wall, driveway, walkway, patio, or any other improvements of a Parcel. 1.19 “Utility/Utilities” shall mean common utilities such as gas, electric, sewer, water, detention system, gutters or downspouts, phone, cable, security systems and any other utility which is routed or placed either above or below ground. ARTICLE 2. – STATUS OF PROPERTY 2.1 There are fifteen (15) lots in the Property and one Home and possible ADU as permitted by City of Renton will/may be constructed on each Lot. There are also three (3) Tracts, known as Tract A, B and C. Tract A & B are designated for Common Areas, as shown on the Plat and Tract C is owned by Renton 4 LLC to accommodate the existing cell tower. ARTICLE 3. –OWNERS ASSOCIATION 3.1 Description of Association. The Association is a non-profit corporation organized and existing under the laws of the State of Washington, charged with the duties and vested with the power prescribed by law and set forth in the Governing Documents, as they may be amended from time to time; provided, however, that no Governing Document other than this Declaration Page 5 of 21 shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 3.2 Association Board. Declarant shall, within ninety (90) days of execution of this Declaration, select an initial Board of not fewer than three (3) persons who need not be Owners. The initial Board shall have the full authority and all rights, responsibilities, privileges and duties to manage the Association under the Governing Documents and shall be subject to all provisions of the Governing Documents. The term of the initial directors of the Board shall expire at the first annual meeting of the Association following their appointment by Declarant. The Board shall elect officers of the Association from among the Board members, which shall include a President who shall preside over meetings of the Board and meetings of the Association. 3.3 Association Membership. Every person or entity who is an Owner shall by reason thereof be a member of the Association. Such membership shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Lot to which it relates. Membership shall not be separated from ownership of the Lot to which it relates. 3.4 Votes Appurtenant to Lots. The Association shall have two classes of voting membership: 3.4.1 Class A. Class A members shall be all Owners with the exception of Declarant. Each Owner shall be entitled to one vote for each Lot owned. 3.4.2 Class B. The Class B member shall be the Declarant who shall be entitled to three (3) votes for each Lot owned by Declarant. The Class B membership shall cease and be converted to Class A membership on the happening of the earliest to occur of the following events: (i) ten (10) years after the first Lot is sold by Declarant; or (ii) when the total votes outstanding in the Class A membership exceed the total votes outstanding in the Class B membership, which shall be upon the closing of the sale of twelve (12) Lots to Owners other than Declarant, Declarant’s construction lender, an affiliate or either of them, or a purchaser of several Lots in bulk; or (iii) upon written notice by Declarant to all other Owners. If Owners own more than one (1) Lot, then they shall have one (1) vote for each Lot owned. A vote shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Lot to which it relates. A vote shall not be separate from ownership of the Lot to which it relates; provided, however, that when more than one (1) person or entity holds the beneficial fee interest in any Lot, the vote therefor shall be cast as the Owners among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot; and if the several Owners of a Lot are unable to agree as to the casting of their vote, such vote shall not be counted. 3.5 Owner's Compliance with Governing Documents. By acceptance of a deed to a Lot, execution of a contract therefor, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instruments, the Owner thereof covenants and agrees thereby, on behalf of themselves and their heirs, successors and assigns, to Page 6 of 21 observe and comply with all terms of the Governing Documents of the Association, and all rules and regulations duly promulgated pursuant to Association action. 3.6 Rules and Regulations. The Association shall have the power to adopt from time to time by Association action and to enforce rules and regulations governing the use of the Property, in addition to the use restrictions contained in this Declaration and whether or not expressly contemplated herein, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations may not discriminate among Owners. The Association may prescribe penalties for the violation of such rules and regulations, including but not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effective thirty (30) days after promulgation or amendment and shall be mailed to all Owners within thirty (30) days after promulgation or amendment. A copy of the rules and regulations then in force shall be retained by the Secretary of the Association and shall be available for inspection by any Owner during reasonable business hours. Such rules shall have the same force and effect as if set forth herein. ARTICLE 4. - ASSOCIATION BUDGET, ASSESSMENTS AND LIENS 4.1 Owner's Covenant to Pay Assessments. By acceptance of a deed to a Lot, execution of a contract therefor, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof covenants and agrees thereby, on behalf of themselves and their heirs, successors and assigns, to pay the Association, in advance, all general and special assessments levied as provided herein. 4.2 Association Budget. The Association shall prepare, or cause to be prepared, an operating budget for the Association at least annually, in accordance with reasonable accounting principles, consistently applied. The operating budget shall set forth all sums required by the Association, as estimated by the Association, to meet its annual costs and expenses relative to the fifteen (15) lots in the Plat, including: all management and administration costs; the cost of any lighting or other utilities supplied to the Common Areas; expenses of maintaining landscaping within the Common Areas, entry planters, and entry signs; expenses relating to the management, maintenance and operation of the Common Areas; the cost of insurance including liability insurance for the Common Areas, director and officer liability insurance, and fidelity insurance; charges for any services furnished by or to the Association; the cost of any shared utilities or utilities relating to the Common Areas; and the cost of funding all reserves established by the Association, including, when appropriate, a general operating reserve and a reserve for replacements. The funds required to meet the Association's annual expenses shall be raised from a general assessment against each Owner and Lot as provided hereafter. The Association may revise the operating budget after its preparation at any time and from time to time, as it deems necessary or advisable in to take into account and defray additional costs and expenses of the Association. 4.3 Ratification of Budget. Within thirty (30) days after adoption by the Board of any proposed regular or special budget of the Association, the Board shall set a date for a meeting of Owners to consider ratification of the budget. The meeting shall be scheduled not less than Page 7 of 21 fourteen (14) or more than sixty (60) days after the Board mails to the Owners a summary of the applicable budget. Unless at a meeting the Owners of a majority of the votes in the Association reject the budget, the budget is ratified, whether or not a quorum is present. In the event a budget is rejected, the budget last approved by the Owners shall apply until a new budget is ratified by the Owners as provided herein. 4.4 Levy of General Assessment. To meet the costs and expenses projected in its operating budget, the Association shall determine and levy a general assessment, in advance, on every Owner. The amount of each Owner's general assessment shall be the amount of the Association's operating budget divided by the total number of Lots. Notice of the general assessment shall thereupon be sent to each Owner; provided, however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof. Upon any revision by the Association of the operating budget during the assessment period for which such budget was prepared, the Association shall, if necessary, revise the general assessment levied against the Owners and give notice of the same in the manner as the initial levy of a general assessment for an assessment period. 4.5 Payment of General Assessment. While under Declarant control, the assessments shall be paid annually. After Declarant turn-over the Association may require that installments of general assessments be paid on a monthly, quarterly, semi-annual or annual basis, as the board directs. Any Owner may prepay one (1) or more installments on any assessment levied by the Association without premium or penalty. 4.6 Non-Discriminatory Assessment. Subject to Section 4.7 below with regard to Lots owned by Declarant, assessments shall be made on a uniform and nondiscriminatory basis. 4.7 Commencement of Assessments. The general assessments provided for herein shall commence as to all Lots on the day of conveyance of the first Lot; provided that the Developer may pay all maintenance costs of the Association in lieu of assessments until Declarant turn over. The due dates of any special assessment payments shall be fixed by the Association at the time of authorizing such special assessment. 4.8 Certificates of Assessment Payment. Upon written request, the Board shall furnish written Certificates certifying the extent to which assessment payments on a specified Lot are paid and current to the date stated therein. Issuance of such Certificates shall be conclusive evidence of payment of any assessments therein declared to have been paid. A reasonable charge may be made by the Association for the issuance of such Certificate. 4.9 Special Assessments. In addition to the general assessments authorized by this Article, the Association may, by Association action, levy a special assessment or assessments at any time, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair or replacement of a described capital improvement located upon or forming a part of the Common Areas, including necessary fixtures and personal propert y related thereto, or for such other purpose as the Association may consider appropriate; provided, however, that any such assessment must not have been rejected by a majority of the votes of Owners as described in Section 4.3 above. The amount of each Owner's Page 8 of 21 special assessment for any year shall be the total special assessment for such year, divided by the sum of the number of Lots. 4.10 Effect of Non-Payment of Assessment. If any assessment is not paid in full within thirty (30) days after it was first due and payable, there shall be assessed a late payment charge of the greater of $25 or five percent (5%) of the assessment, and the unpaid amounts shall constitute a lien against the Lot assessed and shall bear interest from such due date at the rate of twelve percent (12%) per annum until paid. By acceptance of a deed to a Lot, execution of a contract therefor, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Association, its agents and employees, the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Association as a corporate entity, and the Association shall have the power to bid at any lien foreclosure sale and to acquire, hold, lease, mortgage and convey the Lot foreclosed against. 4.11 Lien to Secure Payment of Assessments or Individual Expenses Charged to the Owner. Declarant hereby perpetually creates in the Association the power to create a lien in favor of the Association against each Lot, to secure to the Association the payment to it of all assessments, maintenance, repair or replacement expenses chargeable to a Lot Owner, interest, costs and attorneys fees; and Declarant hereby perpetually subjects all Lots to such power of the Association. Such lien shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Association, and any such lien when created shall be a security interest in the nature of a mortgage in favor of the Association. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment but expiring pro rata as the assessment payments are made, and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them; provided, however, in the case of a sale or contract for the sale of any Lot which is charged with the payment of an assessment, the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot. 4.12 Suspension for Non-Payment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty (30) days, said Owner's voting rights shall, without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Page 9 of 21 Owner is relieved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4.13 Reserves for Replacement. As a Common Expense, the Association may elect to establish and maintain a reserve fund for major repairs to or replacement of the Common Areas and any improvements thereon by the allocation and monthly payment to such reserve fund of an amount to be designated from time to time by the Association. Any reserve fund shall either be deposited with a banking institution, the accounts of which are federally insured or, in the discretion of the Association, shall be invested in obligations of, or fully guaranteed as to principal by, the United States of America. The reserve fund shall be expended only for the purpose of affecting the major repair to or replacement of the Common Areas and any improvements thereon developed as a part of the Property, as well as operating contingencies of a nonrecurring nature. The Association may establish such other reserves for such other purposes as it may from time to time consider necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of their Lot and shall not be separately withdrawn, assigned or transferred, or otherwise separated from the Lot to which it appertains, and shall be deemed to be transferred with such Lot. 4.14 Additional Operating Reserve. In addition to the reserve fund which may be created under Section 4.13 above, the first time a Lot is sold or conveyed, and until Declarant turn-over, such first Owner shall pay to the Association a prorated share of the general assessment at closing. These funds shall be deposited and held by Declarant until turn-over. At that time, Declarant shall provide Association a cashier check for the full amount collected prior to turn over and these funds shall be the initial Reserve Funds. ARTICLE 5. - SUBORDINATION OF LIENS 5.1 Intent of Provisions. The provisions of this Article 5 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. 5.2 Mortgagee's Non-Liability. The holder of a Mortgage shall not, by reason of the security interest only, be liable for the payment of any assessment or charge, or for the observance or performance of any covenant or restriction, except only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. 5.3 Mortgagee's Rights during Foreclosure. During the pendency of any proceeding to foreclose a Mortgage, including any period of redemption, the holder of the Mortgage, or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Association to the exclusion of the Owner's exercise of such rights and privileges. 5.4 Mortgagee as Owner. At such time as a Mortgagee shall become the record Owner of the Lot previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. Page 10 of 21 5.5 Mortgagee's Title Free and Clear of Liens. A Mortgagee or other secured party acquiring title to a Lot through foreclosure, suit, deed of trust sale, deed in lieu of foreclosure or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provision of this Declaration, insofar as such lien secures the payment of any assessment or charge installment due but unpaid for the period of more than six (6) months prior to the date of such mortgage acquiring title to a Lot before the final conclusion of any such proceeding, including the expiration date of any period of redemption. Such party so acquiring title shall be responsible for six (6) unpaid assessments for the most recent six (6) months before the month in which it so acquired title. The Association may treat any unpaid assessments against a Lot foreclosed against as a Common Expense, in which case it shall prorate such unpaid assessments among the remaining Lots, and each such remaining Lot shall be liable for its prorated share of such expense in the same manner as for any other assessment. 5.6 Survival of Assessment Obligation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Association shall use reasonable efforts to collect the same from such Owner. 5.7 Subordination of Assessment Liens. Except as provided herein, the liens for assessments provided for in this Declaration shall be subordinate to the lien of any Mortgage or other security interest placed upon a Lot as a purchase price security interest; and the Associati on will, upon demand, execute a written subordination document to confirm the particular superior security interest. The sale or transfer of any Lot or any interest therein shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein. ARTICLE 6. - USE COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS 6.1 Authorized Uses. The Property shall be used solely for residential purposes. 6.2 Approval of Building or Clearing Plans Required. No home, fence, wall or other structure shall be commenced, erected or maintained upon a Lot or any other portion of the Property, nor shall any exterior addition to, change or alteration therein be made, until after the details and written plans and specifications showing the nature, kind, shape, height, materials, colors and location of the same shall have been submitted to and approved in writing by the Architectural Control Committee as described in Article 10 below. 6.3 Leasing Restrictions. No home may be leased or rented by any party for a period of fewer than thirty (30) days, nor shall less than the whole of any Home be leased or rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject in all respects to the provisions of the Governing Documents. Any failure by a lessee to comply with the terms of the Governing Documents shall be a default under the lease, whether or not it is so expressed therein. Other than the foregoing, there is no restriction on the right of any Owner to lease their home. 6.4 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept; provided, however, that dogs, cats or other conventional household pets may be kept if they Page 11 of 21 are not kept, bred or maintained for any commercial purposes. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Association shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. When not confined to the Home, pets must be accompanied by a responsible person and be on a leash. Each Owner must accompany their animal(s) to remove animal waste deposited on Common Areas or the other Lots including the Common Area Tracts. The failure to do so may result in fines from the Association. The Association shall have the responsibility for preparing and distributing the fine schedule. 6.5 Commercial Uses. No commercial enterprise, including itinerant vendors, shall be permitted on any Lot or in any home; provided, however, that the Association may permit specified home occupations as listed by the City of Renton to be conducted if allowed by law and if such occupation will not, in the reasonable judgment of the Association, cause traffic congestion or other disruption of the Greenview Lane Townhome Community. 6.6 Recreational Vehicles. No boats, trailers or recreational vehicles shall be stored or kept on any Lot for a period of more than twenty-four (24) hours, unless said boat, trailer or recreational vehicle is enclosed or screened such that it is not visible from any street or any other Lot in the plat. 6.7 Parking. No vehicles may be parked on any roads or streets in the Property except as noted on the Plat or as designated by the City of Renton . Vehicles may only be parked in garages and driveways located on an Owner’s own Lot. Visitor parking is permitted on driveways and the street for reasonable period of time. RV’s shall be screened to minimize the visibility of the RV. No vehicle may be parked in a manner which blocks or impairs another Owner’s vehicular access to their Parcel. 6.8 Garbage. All garbage, refuse and rubbish shall be deposited in a suitable covered container. Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No incinerator shall be kept or maintained, and no burning of any trash, refuse or scrap of any kind shall be permitted. 6.9 Utilities Underground. Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power, television or similar transmission line shall be installed or maintained above the surface of the ground. 6.10 Signs. Except for entrance, street, directional, traffic control and safety signs, no signs or advertising devices of any character shall be erected, posted or displayed upon, in or about the Property; provided, however, that one (1) temporary real estate sign not exceeding six (6) square feet in area may be erected upon any Lot or attached to any home (at a location approved by the Board) placed upon the market for sale or lease. Any such temporary real estate sign shall be removed promptly following the sale or rental of such Lot. This prohibition shall not prohibit entrance signs identifying the Plat, or initial community marketing signs erected by the Declarant or his assigns during the initial sales of the Lots and Homes in the Community. No Page 12 of 21 signs of a political nature may be placed on or visible from any Lot or Home, except for political yard signs placed by an Owner or resident before any primary or general election. 6.11 No Obstruction of Easements. No structure, vehicle, planting or other material shall be placed or permitted to remain upon any portion of the Property which may damage or interfere with any easement, private road, or the installation of maintenance of utilities, or which may reasonably change, obstruct or retard direction of flow of any drainage channels. 6.12 Antennae and Satellite Dishes. No external short wave or citizens' band antennae, free-standing or roof antenna towers, of any kind shall be permitted in the Property without the written consent of the Association. However, satellite dishes may be installed in accordance with FTC regulations, but not on fences, deck railings, roof tops, or street side elevations. Notwithstanding the foregoing, a satellite dish may be installed in the street side yard or front yard of the property when that is the only location where the Owner can receive an acceptable quality of signal. The Owner shall take reasonable steps to screen the satellite dish with plants and shrubs without interfering with the signal. 6.13 Owners' Maintenance Responsibilities. Each Owner shall, at his or her own expense, keep the Lot owned by such Owner, and all improvements therein and thereon, in a clean and sanitary condition, free of rodents and pests, and in good order and repair, and free of debris, in a manner and with such frequency as is consistent with good property management, and as is consistent with the level of maintenance maintained by the other Owners, whichever standard is higher, and shall do all redecorating, painting, landscaping and maintenance at any time necessary to maintain the good appearance and condition of the Lot and Home. Each Owner shall maintain the yard and landscaping improvements located on their Lot within each respective fenced area, including lawn mowing, fertilizing (being mindful and respectful of the health and safety of other Owners’ pets) and pruning the grass, shrubbery, trees and other plantings on a routine basis in accordance with good customary residential yard maintenance practices within the Plat, and shall be mindful of view corridors available to the adjoining Owners in the placement of trees, shrubs and other vegetation. 6.14 Utilities within Parcels. Each Owner shall maintain all utilities facilities located on his or her Lot up to the connection with the main line except the Common Area Storm Drainage Facilities which the Association shall maintain. 6.15 Association Maintenance and Landscape Easement. The Association shall maintain all Common Areas including Tracts A, B and separately owned Tract C in accordance with the requirements of the Plat and shall include the cost of that maintenance in the Association Budget adopted pursuant to Section 4.2 above. 6.16 Weapons. No firearms of any kind or nature, including rifles, handguns, bows, slingshots, BB guns, slings, traps or any other like weapon, shall be used or discharged within the Property. 6.17 Nuisances Prohibited. No noxious or offensive trade or activity shall be conducted in any portion of the Property, nor shall anything be done or maintained therein in Page 13 of 21 derogation or violation of the laws of the State of Washington, the City of Renton, or any other applicable governmental entity. Nothing shall be done or maintained on any portion of the Property which may be or become an annoyance or nuisance to the neighborhood or other Owners or detract from the value of the Community. The Association shall determine by Association action whether any given use of a Lot or home reasonably interferes with the rights of the other Owners to the use and enjoyment of their respective Lots and homes, or of the Common Areas, and such determination shall be final and conclusive. 6.18 Fences. No fence, wall, hedge or mass planting, other than a foundation planting, shall be permitted to extend beyond the front line of the house; provided, further, that no fence, wall, hedge or mass planting shall extend higher than six feet (6’) above the ground in the rear, and four feet (4) in the front per City Code. Except for any fences which have been originally installed by Declarant, all fences or walls shall be of cedar or shall be black coated chain link and shall be a “good neighbor” type (finished equally on both sides) and when adjoining on adjacent lots, every attempt shall be made to match or blend designs. The Association shall maintain, repair, replace, paint or stain as an Association expense, any fence which is located in a Common Area or which abuts a Common Area or landscape easement. Fences along the common boundary between adjoining Lots shall be jointly maintained by the Owners of those adjoining Lots. Fences located on a Lot boundary which does not abut a Common Area shall be maintained by the Owner of the subject Lot. 6.19 Sheds. Sheds and other structures permitted under the applicable City of Renton Building Code shall be constructed in such a way as to be complementary in color, materials and design with the residence on each Lot. All structures must also be in compliance with approved architectural standards, including approval by adjoining Lot Owners pursuant to Article 11 herein and all City requirements. ARTICLE 7. - COMMON AREAS AND STORM DETENTION FACILITIES 7.1 Title to Common Areas. The Owners shall each own an undivided tenancy in common interest in the Common Areas designated as separate tracts on the Plat, including but not limited to Tracts A, B. Tract C remains under ownership of Renton 4 LLC. 7.2 Owners' Common Rights. Upon its creation as a Common Area, every Common Area shall be subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, tenants, successors and assigns, in accordance with the terms and conditions of the Governing Documents. Such easement shall be appurtenant to and shall not be separated from ownership of any Lot, and shall not be assigned or conveyed in any way except upon the transfer of title to such Lot, and then only to the transferee of such title, and shall be deemed so transferred and conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. 7.3 Maintenance of Common Areas. The Association shall maintain, repair, replace, improve and otherwise manage all of the Common Areas and Tract C, if any, so as to keep them in good repair and condition, and shall conduct such additional maintenance, repair, replacement, construction or reconstruction as may be determined pursuant to Association action to promote Page 14 of 21 the recreation, health, safety and welfare of the Owners. Any action necessary or appropriate to the maintenance and upkeep of the Common Areas and Tract C, including or as well as the storm detention area and facilities on Tract A, Tracts B and privately owned Tract C, any and all Common Area landscape areas along and any utility facilities applicable to the Common Areas and Tract C shall be taken by the Association only. The portion of the expense allocable to the Lots of maintaining, repairing, replacing, improving and managing any Common Area and Tract C shall be shared by Owners on the basis described in Section 4, regardless of where such Common Area is located. This obligation shall include the expense of repairing, replacing, improving and managing the items described above. The Declarant has posted a Two-Year Maintenance Bond as required by the City of Renton. If the Association fails to maintain the Tract(s) in the same condition as it (they) was (were) at the time of turnover during the bonded maintenance period, Declarant has the right to hire a licensed vendor and bill the Association for direct costs. Non-payment by the Association may result in Declarant placing a lien against all properties within the Association until such time as the maintenance bond is released by the City. 7.4 Street Light within the Plat. The Association shall have the responsibility to pay the monthly electric bill for and maintain the street lights within the Plat including maintenance of light standards, pathway lighting, poles, fixtures, lens and replacement and operation of bulbs. The Association shall not remove, relocate or modify the street lighting without prior consent from the City of Renton. 7.5 City of Renton Approval. The City of Renton shall reserve the right to approve any amendment or modification that will affect the maintenance or operation of the Common Areas, privately maintained storm water facilities, and street lights that are under the control of the Association. ARTICLE 8. –PRIVATE STORM DRAINAGE EASEMENT 8.1 Private Storm Drainage Easement. All Lots shall be benefited and burdened by easements for those portions of the Storm Water Drainage Facilities which are located on or which serve those Lots, including catch basins and drain lines. The Association shall be responsible for the maintenance, repair and replacement those portions of the Storm Water Drainage Facilities which are located on such Owner’s Lots. The Association may specially assess any Owner for the cost of repairing damage to the Storm Water Drainage Facilities which the Association determines was caused by such Owner or his or her occupants. ARTICLE 9. - INSURANCE 9.1 Owner’s Insurance. Each Owner shall continuously maintain in effect insurance with respect to their Lot and Home covering casualties and liabilities typically covered by homeowners’ insurance. Casualty insurance must be in an amount equal to the entire cost of rebuilding or replacing the insured Home. Page 15 of 21 9.2 Reconstruction. In the event of damage or destruction by fire or other casualty to any Home or other insurable improvements on a Lot, the Owner thereof shall, upon receipt of insurance proceeds, promptly repair or rebuild such damage or destroyed portions of the Home and such other improvements in a good and workmanlike manner substantially in accordance with the original plans and specifications for the home and other improvements. 9.3 Association Insurance. Commencing not later than the closing of the first conveyance of a Lot to a person other than Declarant or an affiliate of Declarant, the Association shall maintain, to the extent reasonably available: (a) commercial general liability insurance, (b) liability insurance for directors and officers, and (c) such other insurance as the Board deems advisable. The Board shall review at least annually the adequacy of the Association’s insurance coverage. All insurance shall be obtained from insurance carriers that are generally acceptable for similar projects, authorized to do business in the state of Washington, and meet the specific requirements of FNMA, FHA or VA, so long as any of them is a Mortgagee or Owner of a Lot, except to the extent such coverage is not available or has been waived in writing by them. All such insurance policies shall provide that coverage may not be cancelled or substantially reduced without at least forty-five (45) days’ prior written notice (ten [10] days for cancellation for nonpayment of premium) to the Association as the first named insured therein. The liability insurance coverage shall insure the Board, the Association, the Owners, the Declarant and any property manager engaged by the Association, and shall cover all of the Common Areas in the Plat with a “Severability of Interest Endorsement” or equivalent coverage which would preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or of another Owner, and shall cover liability of the insureds for property damage and bodily injury and death of persons arising out of the operation, maintenance and use of the Common Areas, and such other risks as are customarily covered with respect to residential communities of similar size, construction, location and use. The limits of liability shall be in amounts generally required by Mortgagees for projects of similar construction, location and use, but shall be at least One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage per occurrence, and Two Million Dollars ($2,000,000) general aggregate. ARTICLE 10. – ARCHITECTURAL CONTROL 10.1 General. No improvements (including staking, clearing, excavation, grading and other site work), exterior alteration of existing improvements (including painting), placement or posting of any object or thing on the exterior of any Lot or the Common Areas (e.g., fences, signs, antennas, satellite dishes, clotheslines, playground equipment, lighting, temporary structures, artificial vegetation, exterior sculptures and fountains) shall take place except in compliance with this Article, Article 6, and with the approval of the appropriate committee under Section 10.2. An Owner may remodel or redecorate the interior of his or her Home in any manner desired and, subject to Section above, repaint the exterior of structures in accordance with the originally approved color scheme or rebuild structures in accordance with originally app roved plans and specifications without approval under this Article; however, modifications to the Page 16 of 21 interior of screened porches, patios and similar portions of a Lot visible from outside the Lot shall require approval under this Article. Each Home shall incorporate a minimum two (2) car garage, designed and constructed as an integral part of the Home. Each Home constructed on a Lot shall be designed by and built in accordance with the plans and specifications of a building designer, licensed architect or engineer. All Homes shall be constructed of new construction materials on-site, unless otherwise approved by the appropriate committee under Section 10.2 and shall be constructed in compliance with all applicable building codes. This Article shall not apply to (a) activities of Declarant, or (b) improvements or modifications to the Common Areas by or on behalf of the Association. This Article may not be amended without Declarant's written consent so long as Declarant owns any Lot. 10.2 Architectural Review. A committee of Lot Owners ("Owner ACC") shall review applications for construction and modifications under this Article. The Owner ACC may establish reasonable fees for review of applications by the Owner ACC and their consultants, if any, and require them to be paid by the Owner submitting such application prior to review. The Owner ACC shall consist of three (3) Owners whose properties adjoin or face the applicant’s property, (roads and easements within the Property shall not be considered for the purpose of determining which Lots adjoin one another), and the Owner ACC shall have exclusive jurisdiction over all original construction of any Lot. A decision by a majority of the three (3) members of the Owner ACC to approve an application from an Owner shall be final and binding upon the Owners. Until all Lots have been developed and conveyed to Owners other than Declarant, an affiliate of Declarant, or builders intending to resell the Lot in the normal course of development and sale, Declarant may appoint all members of the Owner ACC who shall serve at Declarant’s discretion. After all Lots have been developed and conveyed to the Owners other than the Declarant, an affiliate of Declarant, or builders intending to resell the Lot, or earlier at Declarant’s option, the members of the Owner ACC appointed by Declarant shall resign, and the Owners will appoint new Owner ACC members each time an application for construction work or modifications is submitted, at which time the Owners shall determine which Lots adjoin the applicants property, and the adjoining Lot Owners shall be appointed. The Owner ACC shall also have exclusive jurisdiction over modifications, additions or alterations made on or to existing Homes and other structures on Lots. 10.3 Guidelines and Procedures. Declarant may prepare initial design, development and construction guidelines and application and review procedures (the "Residential Design Guidelines"), which may contain general provisions applicable to all of the Lots and specific provisions which vary from one Lot to another depending upon the location, characteristics and intended use thereof. Plans and specifications showing the nature, kind, shape, color, size, materials and location of all proposed construction and modifications shall be submitted to the Owner ACC for review and approval. In reviewing each submission, the Owner ACC may consider the quality of workmanship and design, harmony of external design with existing Page 17 of 21 structures, and location in relation to surrounding structures, topography and finish grade elevation, and other factors, as well as any Residential Design Guidelines. 10.4 No Waiver of Future Approvals. The approval of any proposals, plans, specifications, drawings or other matters in any one instance shall not be deemed a waiver of any right to withhold subsequent approval of any similar proposals, plans, specifications, drawings or matters. 10.5 Variances. The Owner ACC may authorize variances in writing from its guidelines and procedures, but only: (a) in accordance with duly adopted rules and regulations, (b) when unique circumstances dictate, such as unusual topography, natural obstructions, hardship or aesthetic or environmental considerations require, and (c) when construction in accordance with the variance would be consistent with the purposes of the Declaration and compatible with existing and anticipated uses of adjoining Lots. Inability to obtain or the terms of any governmental approval, or the terms of any financing shall not be considered a hardship warranting a variance. 10.6 Limitation of Liability. The Owner ACC shall not be responsible for the structural integrity or soundness of approved construction or modifications, or for ensuring compliance with building codes and other governmental requirements. None of the Declarant, the Association, Owner ACC, or any member of any of them shall be liable for any injury, damages or loss arising out of the manner or quality of approved construction or modifications. 10.7 Enforcement. Any construction, alteration or other work done in violation of this Article shall be deemed nonconforming. On written request from the Board or Declarant, the offending Owner shall, at his or her own expense, cure such nonconformance to the satisfaction of the requester or restore the Lot to substantially the same condition as existed prior to the nonconforming work. If an Owner fails to so cure or restore, the Board, Declarant or their designees may do so at the Owner's expense and specially assess the cost against the offending Lot under Section 4.9. Any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with this Article may be excluded by the Board from the Plat, subject to notice and an opportunity to be heard as provided below. In such event, none of the Association, its officers or directors shall be held liable to any Owner or other person for exercising the rights granted by this paragraph. In addition, the Board may, on behalf of the Association, pursue all legal and equitable remedies available to enforce this Article and the decisions of the Owner ACC. Whenever this Declaration allows an Owner or other person “notice and opportunity to be heard,” the following procedure shall be observed: The Board shall give written notice of the proposed action to all Owners, tenants, or occupants of Lots whose interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time, and place of the hearing, which shall be not less than five (5) days from the date notice is delivered by the Board. At the hearing, the affected Owner or other Page 18 of 21 person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the Board to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the Board. The affected Owner or other person shall be notified of the decision in the same manner in which notice of the meeting was given. ARTICLE 11. - ENFORCEMENT 11.1 Right to Enforce. The Association, Declarant or any Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure or forbearance by any person or entity so entitled to enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a waiver of the right to do so thereafter. 11.2 Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of other remedies provided by law. There shall be, and there is hereby created and declared to be, a conclusive presumption that any violation, breach or attempted violation or breach of the covenants, conditions and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. 11.3 Covenants Running With the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing or otherwise occupying any Lot or other portion of the Plat, their heirs, executors, administrators, successors, grantees and assigns. All instruments granting or conveying any interest in any Lot and all leases or subleases shall refer to this Declaration and shall recite that it is subject to the terms hereof as if fully set forth herein. However, all terms and provisions of this Declaration are binding upon all successors in interest despite an absence of reference thereto in the instrument of conveyance, lease or sublease. ARTICLE 12. - AMENDMENT AND REVOCATION 12.1 Amendment by Association. This Declaration may be amended by an instrument executed by the Association for and on behalf of the Owners; provided, however, that such Amendments shall have received the prior approval of a vote of the Owners having seventy-five percent (75%) of the total votes in the Association. 12.2 Amendment by Declarant. The Declarant may unilaterally amend this Declaration if such amendment is necessary to: (a) bring any provision into compliance with any applicable government statute or regulation or judicial determination; (b) enable any reputable title insurance company to issue title insurance coverage on the Lots; (c) enable any institution or government agency to make or purchase mortgage loans on the Lots; (d) enable any government agency or reputable private insurance company to insure or guarantee Mortgage loans on the Lots; or (e) otherwise satisfy the requirements of any government agency or governmental regulations. However, any such amendment shall not adversely affect the title to any Lot without Page 19 of 21 the written consent of its Owner. So long as Declarant owns any Lot, it may unilaterally amend this Declaration for any other purpose, provided the amendment shall have no material adverse affect upon any substantive right of any Owner and shall not adversely affect the title to any Lot without the written consent of the affected Owners. 12.3 Effective Date. Amendments shall take effect only upon recording with the Snohomish County Department of Records and Elections, or any successor recording office. ARTICLE 13. - GENERAL PROVISIONS 13.1 Taxes. Each Owner shall pay without abatement, deduction or offset, all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against their Lot, or personal property located on or in the Lot or Home. The Association shall likewise pay without abatement, deduction or offset, all of the foregoing taxes, assessments and charges levied or assessed against the Common Areas, if the taxing authority does not impose the same against the Owners as tenants in common of those Common Areas. 13.2 Non-Waiver. No waiver of any breach of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition or restriction. 13.3 Attorneys' Fees. In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccess ful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports and all attorneys' fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem t o be reasonable therein, and also including all costs, expenses and attorneys' fees incurred in connection with any appeal from the decision of a trial court or any intermediate appellate court. 13.4 No Abandonment of Obligation. No Owner, through their non-use of any Common Area, or by abandonment of their Lot or Home, may avoid or diminish the burdens or obligations imposed by this Declaration. 13.5 Interpretation. The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment or describe the scope, content or intent of this Declaration or any parts of this Declaration. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes a legal entity when the context so requires. The single number includes the plural whenever the context so requires. 13.6 Severability. Invalidation of any one of these covenants, conditions, restrictions, easements or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in full force and effect. 13.7 Notices. All notices, demands or other communications ("Notices") permitted or required to be given by this Declaration shall be in writing and, if mailed, postage prepaid by Page 20 of 21 certified or registered mail, return receipt requested (if a Notice to Declarant, the Association, or to fewer than all Owners), or if mailed first-class postage prepaid (if a Notice to all Owners), shall be deemed given three (3) days after the date of mailing thereof, or on the date of actual receipt, if sooner; otherwise, Notices shall be deemed given on the date of actual receipt. Notices shall be addressed to the last known address of the addressee. Notice to any Owner may be given at any Lot or Home owned by such Owner; provided, however, that any Owner may from time to time by notice to the Association designate such other place or places or individuals for the receipt of future Notices. If there is more than one Owner of a Lot, notice to any one such Owner shall be sufficient. The address of Declarant and of the Association shall be given to each Owner at or before the time they become an Owner. If the address of Declarant or the Association shall be changed, notice shall be given to all Owners. 13.8 Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. IN WITNESS WHEREOF, THE UNDERSIGNED DECLARANT HAS EXECUTED THIS DECLARATION THE DAY AND YEAR FIRST ABOVE WRITTEN. RENTON 4 LLC, a Washington limited liability company By: , Manager Member STATE OF WASHINGTON ) ) § COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who acknowledged that he signed this instrument and on oath stated that he was authorized to execute the instrument and acknowledged it as the MANAGER MEMBER of RENTON 4 LLC, a Washington limited liability company, to be his free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: , 2019. Print Name: NOTARY PUBLIC in and for the state of Washington residing in My appointment expires Page 21 of 21 EXHIBIT A LEGAL DESCRIPTION 142305-9064 PER CHICAGO TITLE COMPANY ORDER NO. 0031387-04; THE EAST 866.01 FEET, AS MEASURED ALONG THE NORTH LINE, OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14; AND EXCEPT THE EAST 32.43 FEET OF THE NORTH 406.01 FEET THEREOF; AND EXCEPT THE NORTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 5758686; AND EXCEPT PUGET SOUND POWER AND LIGHT COMPANY RIGHT OF WAY. 142305-9070 PER CHICAGO TITLE COMPANY, ORDER NO. 0031388-04; THE WEST 150.00 FEET OF EAST 1,016.01 FEET AS MEASURED ALONG THE NORTH LIN[ OF THE NORTH HALF OF THE NORTHEAST QUARTER OF NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANG[ 5 EAST, W.M. , IN KING COUNTY, WASHINGTON; EXCEPT PUGET SOUND POWER AND LIGHT COMPANY RIGHT OF WAY; AND EXCEPT THE NORTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD AND PURPOSES BY DEED RECORDED UNDER AUDITOR'S FILE NO, 5758686.