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Return Address:
AFTER RECORDING RETURN TO: - - - --
CITY OF RENTON
CITY CLERK'S OFFICE 11 11, 1111 011 111-1- 11 11 1111 11
1055 South Grady Way
RENTON,WA 98055-2189 20030305000058
CITY OF RENTON DPC 64.00
PAGE 001 OF 046
03/05/2003 08:28
KING COUNTY, WA
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet(RCW 65.04)
Document Title(s)
1. Declarations, Covenants,Easements and Restrictions for The Vineyards
Reference Number(s)of Documents assigned or released:
❑ Additional reference numbers are on page .
Grantor(s) (Last name first,then first name and initials)
1. Darnell LLC.
2.
❑ Additional names on page of document.
Grantee(s) (Last name first,then first name and initials)
1. CITY OF RENTON
❑ Additional names on page of document.
Legal description(abbreviated: i.e.lot,block,plat or section,township,range)
Portion of the SW 1/4 , SW'A Sec. 10,Twn 23 N,Rge 5 E,W.M.
102305-9071 102305-9235 102305-9297 102305-9061 102305-9237 102305-9105
I;Additional legal on page 30 of document. •
Assessor's Property Tax Parcel/Account Number:
102305-9237; 9297; 9061; 9102; 9105
O Assessor Tax#not yet assigned Prop.Mgmt Initials
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t
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF
THE VINEYARDS
RENTON,WASHINGTON
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TABLE OF CONTENTS
Page
DESCRIPTION OF THE LAND 1
ARTICLE 1 INTERPRETATION 1
1.1 Liberal Construction 1
1.2 Covenant Running with Land. 1
1.3 Declarant is Original Owner. 2
1.4 Captions 2
1.5 Definitions. 2
1.5.15 "Plat Map" 3
1.6 Percentage of Mortgagees. 3
1.7 Percentage of Owners 3
ARTICLE 2 OWNERSHIP OF COMMON AREA 3
2.1 Ownership of Common Area. 3
ARTICLE 3 OWNER'S PROPERTY RIGHTS 4
3.1 Owner's Rights of Enjoyment. 4
3.2 Delegation of Use 5
ARTICLE 4 OWNERS' ASSOCIATION 5
4.1 Establishment. 5
4.2 Form of Association. 5
4.3 Membership 5
4.3.2 Transfer of Membership. 5
4.4 Voting 5
4.4.1 Classes of Voting Membership. 5
4.4.2 Number of Votes. 6
4.5 Bylaws of Association 6
ARTICLE 5 MANAGEMENT OF THE ASSOCIATION 6
5.1 Administration of the Development. 6
5.2 Management by Declarant. 6
5.3 Management by Elected Board of Directors. 6
5.4 Authority and Duties of the Board. 6
5.4.1 Assessments. 6
5.4.2 Services. 7
5.4.3 Utilities. 7
5.4.4 Insurance. 7
5.4.5 Maintenance and Repair of Common Areas. 7
5.4.6 Maintenance of Rights of Way, etc. 7
5.4.7 Fences,Landscaping, etc. 7
5.4.8 Enforce Declaration 7
5.4.9 Contracting and Payment for Materials, Services, etc. 7
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5.4.10 Attorney-in-Fact. 8
5.4.11 Borrowing of Funds. 8
5.4.12 Adoption of Rules and Regulations;Fines 8
5.4.13 Additional Powers of Association. 8
ARTICLE 6 ARCHITECTURAL CONTROL 8
6.1 Construction and Exterior Alteration or Repair. 8
6.2 Sales Facilities of Declarant. 10
6.3 Variances. 10
6.4 Appeals 11
ARTICLE 7 USE AND MAINTENANCE OBLIGATION OF OWNERS 11
7.1 Maintenance of Lots 11
7.2 Residential Use 11
7.3 Restriction on Further Subdivision. 11
7.4 Rental Lots. 11
7.5 Zoning Regulations. 12
7.6 Business Use. 12
7.7 Building Setback Requirements. 12
7.8 Oil and Mining Operations 12
7.9 Catch Basin. 12
7.10 Lot Size. 12
7.11 Garages 12
7.12 Square Footage. 12
7.13 Mobile or Manufactured Housing. 12
7.14 Driveway Standards. 13
7.15 Parking. 13
7.16 Roof 13
7.17 Exterior Finish 13
7.18 Utilities. 13
7.19 Antenna. 13
7.20 Fencing. 14 •
7.21 Fireplace Chimneys 14
7.22 Garbage and Refuse. 14
7.23 Games and Play Structures. 14
7.24 Construction of Significant Recreation Facilities. 14
7.25 Livestock and Poultry 14
7.26 Landscaping. 14
7.27 Signs. 15
7.28 Temporary Structures. 15
7.29 Completion of Construction. 15
7.30 Easements 15
7.31 Use During Construction 15
7.32 Excavations. 15
7.33 Nuisances. 15
7.34 Clothes Lines, Other Structures. 16
7.35 Common Drives. 16
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ARTICLE 12 EASEMENTS 23
12.1 Association Functions. 23
12.2 Easements Over Common Areas 23
12.3 Access to Public Streets. 23
12.4 Utility Easements. 23
ARTICLE 13 TERM OF DECLARATION 23
13.1 Duration of Covenants. 23
13.2 Abandonment of Subdivision Status. 24
ARTICLE 14 AMENDMENT OF DECLARATION,PLAT MAP 24
14.1 Declaration Amendment. 24
14.2 Plat Map. 24
14.3 Amendments to Conform to Construction. 25
14.4 Amendments to Conform to Lending Institution Guidelines. 25
14.5 Article 16 Amendments. 25
ARTICLE 15 INSURANCE 25
15.1 Insurance. 25
ARTICLE 16 ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPER[thS 26
16.1 Annexation and Withdrawal by Declarant. 26
16.2 Non-Declarant Annexations. 26
16.3 Common Areas Within Additional Lands 26
ARTICLE 17 MISCELLANEOUS 26
17.1 Notices 26
17.2 Conveyances,Notice Required. 27
17.3 Successor and Assigns. 27
17.4 Joint and Several Liability 27
17.5 Mortgagee's Acceptance 27
17.5.1 Priority of Mortgage 27
17.5.2 Acceptance Upon First Conveyance. 27
17.6 Severability 27
17.7 Effective Date 28
17.8 Government Right of Access. 28
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1.3 Declarant is Original Owner.Darnell,LLC is the original Owner of all Lots and
Project and will continue to be deemed the Owner thereof except as conveyances or documents
changing such Ownership regarding specifically described Lots or portions of the Project are filed of
record.
1.4 Captions. Captions given to the various articles and sections herein are for
convenience only and are not intended to modify or affect the meaning of any of the substantive
provisions hereof.
1.5 Definitions.
1.5.1 "ACC" shall mean the Architectural Control Committee provided for in
Article 6.
1.5.2 "Association" shall mean the Owners'Association provided for in Article 4
and its successors and assigns.
1.5.3 "Board" shall mean the Board of Directors of the Association provided for in
Article 5.
1.5.4 "Bylaws" shall mean the duly adopted bylaws of the Association.
1.5.5 "Common Area" shall mean all real property(including the improvements
thereto) owned by the Association for the common use and enjoyment of the Owners and shall
include(unless/until dedicated to a governmental entity): all Common Areas described on the Plat
Map;Project entry sign(s)and landscaping;planter islands and planted medians on roads or cul-de-
sacs; and mailbox stands serving more than one Lot.
1.5.6 "Declarant" shall mean Darnell,LLC (being the Owner of the real property
described in Exhibit A hereof)and its successors and assigns if such successors or assigns should
acquire more than one undeveloped Lot from the Declarant for the purpose of development and by
written instrument in recordable form be specifically assigned the rights and duties of Declarant.
1.5.7 "Declaration" shall mean this declaration and any amendments thereto.
1.5.8 "Home" shall mean and refer to any structure, or portion of a structure,
located on a Lot, which structure is designed and intended for use and occupancy as a residence by a
single family or which is intended for use in connection with such residence.
1.5.9 "Lot" shall mean and refer to any plot of land shown upon any recorded Plat
Map of the Project excluding Common Areas. Lot shall not include any land now or hereafter owned
by the Association or by all of the Lot Owners as tenants in common,nor include any land shown on
a Plat Map but dedicated to the public or to a governmental entity.
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1.5.10 "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien
against a Lot and shall also mean a real estate contract for the sale of a Lot.
1.5.11 "Mortgagee" shall mean the beneficial Owner, or the designee of the
beneficial Owner, of an encumbrance on a Lot created by mortgage or deed of trust and shall also
mean the vendor, or the designee of a vendor, of a real estate contract for the sale of a Lot.
1.5.12 "Owner" shall mean and refer to the record Owner, whether one or more
persons or entities, of a fee simple title to any Lot which is a part of the Project, and, except as may
be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a
real estate contract, include any person of record holding a vendee's interest under such real estate
contract, to the exclusion of the vendor thereunder. Any person or entity having such an interest
merely as security for the performance of an obligation shall not be considered an Owner.
1.5.13 "Person" shall include natural persons,partnerships, limited liability
companies, corporations, associations and personal representatives.
1.5.14 "Project" shall mean the real estate described in Exhibit A and all
improvements and structures thereon, including such additions thereto as may hereafter be brought
within the jurisdiction of the Association.
1.5.15 "Plat Map" shall mean any Plat Map(s)approved by the appropriate
governmental entity and recorded in conjunction with or subsequent to this Declaration, which Plat
Maps depict the layout of the Lots on the Project.
1.5.16 "Plat" shall mean and refer to the plat of The Vineyards as recorded in
Volumea/,Z of Plats, Pages 71 through VI , Records of King County,
State of Washington, under Recording No..Zo 0 3 0 3 ose 000.5'7
1.6 Percentage of Mortgagees. For purposes of determining the percentage of first
mortgagees approving a proposed decision or course of action, a mortgagee shall be deemed a
separate mortgagee for each Lot on which it holds a mortgage that constitutes a first lien on said Lot.
1.7 Percentage of Owners. For purposes of determining the percentage of Owners
approving a proposed decision or course of action, an Owner shall be deemed a separate Owner for
each Lot owned.
ARTICLE 2
OWNERSHIP OF COMMON AREA
2.1 Ownership of Common Area. All Common Areas shall be owned by the
Association. The Common Area shall exclude those portions of common areas(and improvements
thereto) which have been or may hereafter be, dedicated to and owned by the public or a
governmental entity. The Common Area shall for all purposes be under the control, management and
administration of the Declarant until all Class B membership(as defined in Article 4)terminates, and
under the control, management and administration of the Association thereafter. The Association
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(and the Owners who are members thereof)have the responsibility and obligation to maintain, repair
and administer the Common Area in a clean, attractive, sanitary and safe condition and in full
compliance with applicable,governmental laws,rules and regulations and the provisions of this
Declaration.
ARTICLE 3
OWNER'S PROPERTY RIGHTS
3.1 Owner's Rights of Enjoyment. Every Owner shall have a non-exclusive right, in
common with all Owners, of enjoyment in and to the Common Area that shall be appurtenant to and
shall pass with the title to every Lot, subject to the following provisions:
3.1.1 The right of the Association to limit access to those portions of the Common
Areas,which in the opinion of the Board are dangerous.
3.1.2 The right of the Association to charge reasonable admission and other fees for
the use of any recreational facility situated upon any Common Area.
3.1.3 The right of the Association to suspend the voting rights and right to use of
the Common Areas by an Owner: for any period during which any assessment against such Owner's
Lot remains unpaid; and for a period not to exceed sixty(60)days for any infraction of its published
rules and regulations. Until all Class B membership terminates,the Association shall be required to
exercise its right to suspend the voting rights of, and the right to the use of the recreational facilities
by, a member for non-payment of an assessment,upon the request of the Declarant.
3.1.4 The rights of the Association to dedicate or transfer all or any part of the
Common Area, including easements across said properties, to any public agency, authority, or utility
for such purposes and subject to such conditions as may be agreed to by the members of the
Association.
3.1.5 The right of the Association to limit the number of guests of members.
3.1.6 The right of the Association, in accordance with this Declaration and its
Articles of Incorporation and Bylaws,to borrow money for the purpose of improving the Common
Area and facilities and in aid thereof to mortgage said property,but the rights of such mortgagee in
said property shall be subordinate to the rights of the Owners hereunder and subject to the provisions
of Section 11.5.
3.1.7 The right of the Association to take such steps as are reasonably necessary to
protect any property mortgaged in accordance with Section 3.1.5 against foreclosure, including,but
not limited to,the right to charge admission and other fees as a condition to continued enjoyment by
the Owners and, if necessary,to open the enjoyment of such properties to the public.
3.1.8 Until all Class B membership terminates,the exercise of all of the rights and
powers set forth in subsections 3.1.2, 3.1.3, 3.1.4, 3.1.5 and 3.1.6 shall require the prior written
approval of Declarant.
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3.2 Delegation of Use. Any Owner may delegate(in accordance with the Bylaws),
his/her right of enjoyment to the Common Area and facilities to the members of his/her family, or
his/her tenants or contract purchasers who reside on the Owner's Lot and(subject to regulation by the
Association)to his/her temporary guests.
ARTICLE 4
OWNERS'ASSOCIATION
4.1 Establishment. There is hereby created an association to be called THE
VINEYARDS HOMEOWNERS'ASSOCIATION (referred to hereinafter as the "Association").
4.2 Form of Association. The Association shall be a nonprofit corporation formed and
operated pursuant to Title 24 and Chapter 64.38,Revised Code of Washington. In the event of any
conflict between this Declaration and the Articles of Incorporation or Bylaws for such nonprofit
corporation,the provisions of this Declaration shall prevail.
4.3 Membership.
4.3.1 Qualification. Each Owner of a Lot in the Project(including Declarant)shall
be a member of the Association and shall be entitled to one membership for each Lot so owned.
Ownership of a Lot shall be the sole qualification for membership in the Association.
4.3.2 Transfer of Membership. The Association membership of each Owner
(including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be
assigned, conveyed,pledged or alienated in any way except upon the transfer of title to said Lot and
then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer of
membership shall be void. Any transfer of title to a Lot shall operate automatically to transfer the
membership in the Association appurtenant thereto to the new Owner thereof
4.4 Voting.
4.4.1 Classes of Voting Membership. The Association shall have two classes of
voting membership: (a) Class A members shall be all Owners except the Declarant. Class A
members shall be entitled to one vote for each Lot owned; (b)The Class B members shall be the
Declarant,which shall be entitled to ten(10)votes for each Lot owned. The Class B membership
shall cease and be converted to Class A membership on the happening of the first of the following
events: (a)when the total votes outstanding in the Class A membership equal the total votes
outstanding in the Class B membership, or(b)the date when Declarant's management powers
terminate, as provided in Section 5.2. In determining whether any given proposition shall have been
approved by the membership, the total number of Class A and Class B votes shall be combined and
the appropriate percentage applied against that combined number. If Declarant elects to annex
Additional Lands pursuant to Section 16.1,the total number of votes shall be increased by the
applicable number for the Lots in such annexed Additional Lands.
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of Votes. Except in Section 4.4.1 above,Number xce t p as provided the total
voting power of all Owners shall equal the number of Lots at any given time and the total number of
votes available to Owners of any one Lot shall be one(1)vote.
4.5 Bylaws of Association. Bylaws for the administration of the Association and the
Project and to further the intent of this Declaration, may be adopted or amended by the Owners at a
regular or special meeting;provided,that the initial Bylaws shall be adopted by Declarant. In the
event of any conflict between this Declaration and any Bylaws,the provisions of this Declaration
shall prevail.
ARTICLE 5
MANAGEMENT OF THE ASSOCIATION
5.1 Administration of the Development. The Owners covenant and agree that the
administration of the Project shall be in accordance with the provisions of this Declaration and the
Bylaws of the Association.
5.2 Management by Declarant. The Project shall be managed on behalf of the
Association by the Declarant until the earlier of: (a) one hundred twenty(120)days after all Class B
membership terminates; or(b)the date on which Declarant elects to permanently relinquish all of its
authority under this Section 5.2 by written notice to all Owners. So long as Declarant is managing
the Project,Declarant or a managing agent selected by Declarant shall have the exclusive power and
authority to exercise all the rights, duties and functions of the Board and the Association set forth or
necessarily implied in this Declaration;provided, however,that the Association may not be bound
directly or indirectly to any contracts or leases without the right of termination exercisable without
cause and without penalty at any time after transfer of control to the Board elected pursuant to
Section 5.3, upon not more than ninety(90)days'notice to the other party to the contract.
5.3 Management by Elected Board of Directors. At the expiration of Declarant's
management authority under Section 5.2,power and authority shall vest in the Board of Directors
elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and
shall be sufficient to adequately handle the affairs of the Association. The Board may delegate all or
any portion of its management duties to a managing agent or officer of the Association as provided
for in the Bylaws. All Board offices shall be open for election at an organizational meeting. The
Board shall elect from among its members a president who shall preside over meetings of the Board
and the meetings of the Association.
5.4 Authority and Duties of the Board. On behalf of and acting for the Association, the
Board(or the Declarant or Declarant's managing agent as provided in Section 5.2 hereof), for the
benefit of the Project and the Owners, shall have all powers and authority permitted to the Board
under this Declaration and any applicable law, including but not limited to the following:
5.4.1 Assessments. Establish and collect regular assessments (and to the extent
necessary and permitted hereunder, special assessments)to defray expenses attributable to carrying
out its duties hereunder and maintain an adequate reserve fund for the maintenance, repair,
improvement and replacement of those portions of the Common Area or facilities which must be
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maintained, repaired or replaced on a periodic basis, which reserve shall be funded by the above
assessments. The Association may impose and collect charges for late payments of assessments.
5.4.2 Services. Obtain the services of persons or firms as required to properly
manage the affairs of the Project to the extent deemed advisable by the Board including legal and
accounting services,property management services as well as such other personnel as the Board shall
determine are necessary or proper for the operation of the Common Area, whether such personnel are
employed directly by the Board or are furnished by the manager or management firm or agent.
5.4.3 Utilities. Obtain water, sewer, garbage collection, electrical,telephone, gas
and any other necessary utility service, including utility easements and street lighting, as required for
the Common Area.
5.4.4 Insurance. Obtain and pay for policies of insurance or bonds providing
Common Area casualty and liability coverage, and for fidelity of Association officers and other
employees,the requirements of which are more fully set forth in Article 15.
5.4.5 Maintenance and Repair of Common Areas. Pay for the costs of painting,
maintenance, repair and all landscaping and gardening work for all Common Area, and
improvements located thereon, so as to keep the Project in a good, clean, attractive, sanitary and safe
condition and in full compliance with applicable governmental laws, rules and regulations and the
provisions of this Declaration. The foregoing shall include:the cost of maintaining, repairing and
replacing mailbox stands that serve more than one(1)Lot; and such replacing and repairing of
furnishings and equipment, if any, for the Common Area as the Board shall determine are necessary
and proper.
5.4.6 Maintenance of Rights of Way.etc. Pay for the costs of maintaining and
landscaping rights of way,traffic islands and medians,or other similar areas which are not part of the
Lots or Common Area but which are within or adjacent to the Project boundaries, and which are
owned by or dedicated to a governmental entity, if said governmental entity fails to do so;provided,
the Lot Owner at the Owner's expense(rather than the Association)shall maintain and landscape
such areas as are adjacent to such Owner's Lot.
5.4.7 Fences.Landscaping,etc. To the extent deemed advisable by the Board,
pay for the cost of constructing, maintaining, repairing and replacing: perimeter and interior fences, if
any; and landscaping and improvements on easements, if any, which are located on or across Lots;
provided, the Board at its option may require a Lot Owner at the Owner's expense to maintain, repair
and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot.
5.4.8 Enforce Declaration. Enforce the applicable provisions of the Declaration
for the management and control of the Project.
5.4.9 Contracting and Payment for Materials.Services,etc. Contract and pay
for any materials, supplies, labor or services which the Board should determine are necessary or
proper for the enforcement of this Declaration, including legal, accounting, management or other
services;provided that if for any reason any materials, supplies, labor or services are provided for
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particular Lots or their Owners,the cost thereof shall be specially charged to the Owners of such
Lots.
5.4.10 Attorney-in-Fact. Each Owner,by the mere act of becoming an Owner,
shall irrevocably appoint the Association as his/her attorney-in-fact, with full power of substitution,
to take such action as reasonably necessary to promptly perform the duties of the Association and
Board hereunder, including but not limited to the duties to maintain, repair and improve the Project,
to deal with the Project upon damage or destruction, to grant easements and licenses over Common
Areas, and to secure insurance proceeds,
5.4.11 Borrowing of Funds. In the discharge of its duties and the exercise of its
powers as set forth herein,but subject to the limitations set forth herein,the Board may borrow funds
on behalf of the Association.
of Rules Regulations; Fines. When and to the extent deemed
5.4.12 Adoption u es and gu ,
advisable by the Board,to adopt reasonable rules and regulations governing the maintenance and use
of the Project and other matters of mutual concern to the Lot Owners, which rules and regulations are
not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly and on a non-
discriminatory basis. The Board may impose and collect charges for late payments of assessments
and, after notice and an opportunity to be heard by the Board or by a representative designated by the
Board in accordance with procedures as provided in the Bylaws or rules and regulations adopted by
the Board, levy reasonable fines in accordance with a previously established schedule adopted by the
Board and furnished to the Owners for violation of the Bylaws,rules and regulations of the
Association.
5.4.13 Additional Powers of Association. In addition to the duties and powers of
the Association as specified in this Declaration,but subject to the provisions of this Declaration,the
Association, acting through its Board, shall have the power to do all other things that it may deem
reasonably necessary to carry out its duties and the purposes of this Declaration.
ARTICLE 6
ARCHITECTURAL CONTROL
6.1 Construction and Exterior Alteration or Repair.
6.1.1 All buildings and structures(including, without limitation, concrete or
masonry walls,rockeries, fences, sheds, swimming pools, if any, or other structures)to be
constructed within the Project, and all exterior alterations and repairs (including,but not limited to,
reroofing or repainting)of any buildings or structures on the Project and visible from any public
street, Common Area or other Lot must be approved in writing by the Board, or by an Architectural
Control Committee("ACC")composed of three(3)or more representatives appointed by the Board,
at least two(2) of whom shall be Board members;provided, that so long as Declarant owns any Lots
within the Project,Declarant at its option may exercise all of the rights and powers of the Board
under Section 6.1 including without limitation the appointment of members of the ACC. References
in this Article 6 to the ACC shall be deemed to include the ACC,the Board, or the Declarant, as
circumstances may dictate. Complete plans and specifications, including colors,of all such proposed
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buildings, structures, and exterior alterations and repairs,together with detailed plans showing the
proposed location of the same on the particular building site and other data requested by the ACC,
shall be submitted to the ACC along with a written request for approval signed by the Owner. Any
exterior modifications in accordance with plans and specifications developed by the Declarant and
filed with the Board at the time of transfer(pursuant to Article 5.3)shall be deemed approved
exterior modifications.
6.1.2 The ACC will review all requests for approval of construction, alteration or
repair for quality of workmanship and materials planned and for conformity and harmony of the
external design with proposed or existing structures on neighborhood residential Lots or building
sites, and for location of the building with respect to topography, finish grade elevation and building
setback restrictions.
6.1.3 In the event the ACC fails to approve or disapprove such request within thirty
(30)days after all required plans and specifications have been submitted to it, such approval shall be
deemed given by the ACC.
6.1.4 All plans and specifications for approval by the ACC must be submitted in
duplicate, at least thirty(30) days prior to the proposed construction or exterior alteration or repair
starting date. Construction, alteration or repair shall not be started until written approval thereof is
given by the ACC.
6.1.5 The ACC may require that said plans or specifications be prepared by an
architect or a competent house designer, approved by the ACC. One complete set of said plans and
specifications shall in each case be delivered to and permanently retained by the ACC. All buildings
or structures (including but not limited to garden sheds)shall be erected or constructed, and all
exterior alterations or repairs made,by a contractor,house builder or other person or entity approved
by the ACC. The ACC shall have the right to refuse to approve any design,plan or color for such
improvements, construction, or exterior alteration or repair visible from a public street, Common
Area or other Lot which is not suitable or desirable, in the ACC's reasonable opinion, aesthetic or
otherwise.
6.1.6 In so passing upon such design,the ACC shall have the right to take into
consideration the suitability of the proposed building or other structure, and the material of which it
is to be built, and the exterior color scheme,to the site upon which it is proposed to be erected,the
harmony thereof with the surroundings, and the effect or impairment that said structure will have on
the view or outlook of surrounding building sites, and any and all factors, which, in the ACC's
opinion, could affect the desirability or suitability of such proposed structure, improvements, or
exterior alteration or repair.
6.1.7 The ACC shall have the right to disapprove the design or installation of a
swimming pool or any other recreational structure or equipment, in the ACC's reasonable opinion,
aesthetic or otherwise. In so passing upon such design or proposed installation, the ACC shall have
the right to take into consideration the visual impact of the structure and the noise impact of the
related activities upon all of the properties located in close proximity. Any enclosure or cover used
in connection with such a recreational structure or equipment, whether temporary, collapsible,
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seasonal, or whatever, shall be treated as a permanent structure for the purposes of these covenants,
and shall be subject to all the conditions,restrictions, and requirements as set forth herein for all
buildings and structures.
6.1.8 The ACC shall have the right to require, at a Lot Owner's expense,the
trimming or topping(or, if deemed necessary by the ACC, removal)of any tree, hedge or shrub on a
Lot which the ACC determines is unreasonably blocking or interfering with the view or access to
sunlight of another Lot.
6.1.9 The ACC shall have the right to specify precisely the size, color and style of
mailboxes, and of the post or support on which such mailboxes are affixed, and their location within
the Project, whether or not such mailbox stand is a Common Area, all with the approval of the
Postmaster(if required).
6.1.10 Approval by the ACC is independent of, in addition to, and not to be
construed as a representation as to compliance with, any requirements for a permit, license or other
approval by the City of Renton or other applicable governmental or quasi-governmental entity. The
Lot Owner is responsible for obtaining any such governmental approvals.
6.1.11 Declarant(including any successor in interest to Declarant's status as
Declarant) shall not be subject to the restrictions of this Section 6.1 as to any Lot owned by
Declarant, whether or not any Class B membership exists and whether or not management of the
Association has been relinquished by Declarant pursuant to Section 5.2 hereof
6.2 Sales Facilities of Declarant. Notwithstanding any provision in this Declaration to
the contrary,Declarant(and its agents, employees and contractors)shall be permitted to maintain
during the period of sale of Lots and/or Homes upon such portion of the Project(other than Lots sold
by Declarant)as Declarant may choose, such facilities as in the sole opinion of the Declarant may be
reasonably required, convenient or incidental to the construction, sale or rental of Lots and Homes,
including but not limited to, a business office, storage area, signs, model units, sales office,
construction office, and parking areas for all prospective tenants or purchasers of Declarant.
6.3 Variances. So long as Declarant owns any Lot, the Board may in its reasonable
discretion, upon written request of the Declarant, grant a variance from the requirements of Article 7;
thereafter,the Board may, upon written request of an Owner, grant a variance from the requirements
of Article 7 only in cases where,because of the physical characteristics of the Lot, strict enforcement
would result in an unnecessary hardship. The Board may only grant a variance from the provisions
of Sections 7.11 through 7.17, 7.19 through 7.21, 7.23, 7.29,or 7.36. The Board's authority to grant
such a variance shall not be delegated to the ACC. Prior to granting such a variance, the Board shall
hold an open hearing at which other Owners may comment. At least fifteen(15) days prior to such
hearing,the Board shall give written notice of the nature of the requested variance: to the Owner of
each Lot immediately adjacent to the Lot for which the variance is requested; to other Owners that
would reasonably be affected by the variance; and by requiring the Owner requesting the variance to
post a notice on such Owner's Lot in a form reasonably satisfactory to the Board.
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•
•
6.4 Anneals. Any aggrieved Owner may appeal a decision of the ACC to the Board by
written notice within sixty(60) days after the ACC's written decision. The Board will review the
ACC decision at the Board's next regularly scheduled meeting(but in any event not later than thirty
(30) days after receipt of the notice of appeal). The Board shall give written notice to the appealing
Owner of the time and place of such meeting at least five(5) days in advance.
ARTICLE 7
USE AND MAINTENANCE OBLIGATION OF OWNERS
7.1 Maintenance of Lots. Each Owner, at said Owner's sole cost and expense, shall
promptly and continuously maintain, repair and restore said Owner's Lot(including the yard and
landscaping) and Home and other improvements located thereon, and also such other areas as may be
required pursuant to Sections 5.4.6, 5.4.7, and 12.4, in a good, clean, attractive, safe and sanitary
condition and in full compliance with all applicable governmental laws, rules and regulations and the
provisions of this Declaration and the rules and regulations of the Association.
7.2 Residential Use. Except as provided in Section 7.6, all Lots and improvements
located thereon shall be used, improved and devoted exclusively to residential use. Nothing herein
shall be deemed to prevent the Owner from leasing a Lot and improvements subject to all of the
provisions of the Declaration.
7.3 Restriction on Further Subdivision. No Lot or portion of a Lot shall be divided
and sold or resold, nor ownership changed or transferred whereby the ownership of any portion of
this Project shall be less than the area required for the use district in which located;provided, the
foregoing shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar
corrective instruments. Lots may be joined and joined Lots may subsequently be subdivided only
into the Lots originally joined.
7.4 Rental Lots.
7.4.1 With respect to the leasing, renting, or creating of any kind of tenancy of a
Lot and improvements thereon by its Owners, such Owner shall be prohibited from leasing or renting
less than the entire Lot or improvements thereon, or(with the exception of a lender in possession of a
Lot and improvements thereon following a default in a first mortgage, a foreclosure proceeding or
any deed of trust sale or other arrangement in lieu of a foreclosure)for a term of less than six(6)
months; and all leasing or rental agreements shall be in writing, and shall be subject to the
Declaration and Bylaws(with a default of the tenant in complying with the Declaration and Bylaws
constituting a default under the lease or rental agreement).
7.4.2 If a Lot or Home is rented by its Owner,the Board on behalf of the
Association may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for
such Lot or Home as is required to pay any amounts due the Association hereunder,plus interest and
costs, if the same are in default over thirty(30)days. The renter or lessee shall not have the right to
challenge payment over to the Board, and such payment will discharge the lessee's or renter's duty of
payment to the Owner for rent, to the extent such rent is paid to the Association, but will not
discharge the liability of the Owner or the Lot under this Declaration for assessments and charges,or
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• .
operate as an approval of the lease. The Board shall not exercise this power where a receiver has
been appointed with respect to the Lot or its Owner, nor in derogation of any rights that a mortgagee
of such Lot may have with respect to such rents. Other than as stated in this Article 7 there are no
restrictions on the right of any Owner to lease or otherwise rent such Owner's Lot or Home.
7.5 Zoning Regulations. Zoning regulations,building regulations, environmental
regulations and other similar governmental regulations applicable to the Project shall be observed. In
the event of any conflict between any provision of such governmental regulations and the restrictions
of this Declaration,the more restrictive provision shall apply.
7.6 Business Use. No business of any kind shall be conducted on any Lot with the
exception of: (a)the business of Declarant in developing and selling all of the Lots; and(b) such
home occupation as may be permitted by the appropriate local government and which is not
otherwise in violation of the provisions of this Declaration.
7.7 Building Setback Requirements. All buildings and other Lot improvements shall
comply with all applicable governmental requirements,including without limitation minimum
setback requirements. No building or other structure shall be located within any building setback
line shown on the Plat Map.
7.8 Oil and Mining Operations. No oil drilling, oil development operations, oil
refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot; nor shall
oil wells,tanks,tunnels,mineral excavations or shafts be permitted upon or in any Lot. No derrick
or other structure designed for use in boring for oil or natural gas shall be erected, maintained or
permitted upon any Lot.
7.9 Catch Basin. The Owner of each Lot shall ensure the cleaning of all catch basins, if
any, located on such Lot at least once prior to September 15 of each calendar year.
7.10 Lot Size. No residential structure shall be erected or placed on any Lot which has a
Lot area of less than that required by the government entity having appropriate jurisdiction over the
Project.
7.11 Garages. Every Home must have a garage capable of holding at least two full-size
cars,but no more than three full-size vehicles (any car,boat, recreational vehicle, etc. shall be
deemed one car for purposes of this limitation). All vehicles must be stored in garages or in a
manner that the Board reasonably determines is not offensive when viewed from the street or from
the ground level of adjacent Lots or Common Areas.
7.12 Square Footage. Each single-family residence must include a minimum of 1,400
square feet for single story Homes and 1,600 square feet for two-story Homes, excluding garage,
porches and decks.
7.13 Mobile or Manufactured Housing. Custom designs by licensed architects shall be
strongly encouraged and any use of repetitive design shall be strongly discouraged and/or prohibited
at the discretion of the ACC. The ACC may refuse to approve a plan based on design or repetitive
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use of a plan, or for failure to meet the approved criteria as set forth. There shall be no mobile or
manufactured housing.
7.14 Driveway Standards. All driveways shall be constructed of concrete with a
minimum of aggregate finish or other material approved by ACC.
7.15 Parking. Unless substantially screened from view from the street or from the ground
level of adjacent Lots and Common Area in a manner reasonably approved by the ACC,no
recreational vehicles, commercial vehicles, construction or like equipment,motorcycles, or trailers
(utility,boat, camping, horse, or otherwise), shall be allowed to be parked or stored on any Lot or
street for a cumulative period in excess of fourteen(14) days in any one(1) calendar year. No motor
vehicles of any kind shall be parked overnight on any street adjoining any Lot or Common Area;
provided that, such vehicles belonging to guests of a Lot Owner may occasionally be so parked so
long as such parking will not violate any other provision of this Section 7.15. No motor vehicle of
any kind that is inoperative by reason of mechanical failure shall be parked or stored on any Lot or in
any right-of-way or street adjoining any Lot or Common Area for more than seventy-two(72)hours.
The Board shall have full authority to determine, in its sole discretion, if any vehicle is obnoxious or
undesirable to other Lot Owners and to enforce this covenant. Pursuant to Article 9 of this
Declaration, the Association may levy fines or have vehicles that are parked in violation of this
and impounded at the Owner's expense.
towed p
7.16 Roof. The exterior of all roofs shall be composed of materials approved by ACC.
All roofs must have a pitch of at least 4/12 (four on twelve), unless approved by the ACC based on
considerations regarding a specific Lot. Under no circumstances are fiat roofs allowed. Roof
material shall be at least twenty-five(25)yearl composition asphalt shingle, color approved by ACC,
and by a manufacturer approved and accepted by ACC.
7.17 Exterior Finish. The exterior of each Home shall be designed,built and maintained
in such a manner as to blend in with the natural surroundings, existing structures and landscaping of
the Project. All exterior materials and all exterior colors must be approved by the ACC in
accordance with the provisions of this Declaration. Exterior trim, fences, doors, railing, decks, eaves,
gutters and the exterior finish of garages and other accessory buildings (including garden sheds)shall
be designed,built and maintained to be compatible with the exterior of the structures they adjoin.
Homes and other structures may be finished in vinyl siding if approved by the ACC.
7.18 Utilities. All utilities shall be installed underground. No storage tanks or barrels of
any kind shall be maintained above ground unless properly screened in a manner acceptable to the
ACC. All Lots shall be served by public water and sewer. No wells or septic systems shall be
constructed or maintained on any Lot.
7.19 Antenna. No antenna, satellite dish or other similar type of exterior equipment shall
be allowed on any Lot unless approved in writing by the ACC. As a condition of approval the ACC
may require reasonable shielding of such antenna, satellite dish or equipment from view from the
street and the ground level of adjacent Lots or Common Areas. In no event shall any satellite dish or
similar antenna greater than one(1)meter in diameter be permitted.
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7.20 Fencing. Fences may only be placed along the rear property line(except any area
within a Natural Greenbelt Protective Easement), along the front building line, and from the front
building line to the rear Lot line(except any area within a Natural Greenbelt Protective Easement),
cannot exceed six(6)feet in height above the ground, under no circumstances may obstruct view
from any other Lot, must be constructed of wood approved by the ACC. Hedges or other solid screen
planting may be used as Lot line barriers subject to the same height restrictions as fences. No chain-
link fences shall be permitted on a Lot. No fence, wall or hedge shall be permitted on a Lot any
nearer to any street than a building is permitted under Section 7.7, except that nothing shall prevent
the erection of a necessary retaining wall,the top of which does not extend more than three(3) feet
above the finished grade at the back of said retaining wall.
7.21 Fireplace Chimneys. Fireplace chimneys must be constructed with material
approved by the ACC and as otherwise required by this Declaration.
7.22 Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris of any kind
shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and
screened from view from the street and from the ground level of adjacent Lots and Common Area.
Such containers shall be returned to the screened location by the end of each scheduled pick-up day.
All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary
condition. No building material of any kind shall be placed or stored on any property within the
Project until the Lot Owner is ready to commence construction, and then such materials shall be
placed within the boundary lines of the Lot upon which its use is intended. Garbage cans may only
be placed in public view on the day of garbage pick-up. All woodpiles and storage areas must be
placed so that they do not obstruct or hamper any other Lot Owner's view and must be suitably
screened from view from the street and from the ground level of adjacent Lots and Common Area.
7.23 Games and Play Structures. No deck,platform, dog house,playhouse or structure
of a similar kind or nature shall be constructed on any part of a Lot located in front of the rear line of
the residence constructed thereon, and any such structure must have prior approval of the ACC. No
basketball goals or similar moveable structures shall be kept or placed on any public sidewalk or
street.
7.24 Construction of Significant Recreation Facilities. The construction of any
significant recreational facilities on any Lot including,but not limited to, such items as swimming
pools and tennis,badminton or pickle ball courts shall require the approval of the ACC and shall be
subject to the requirements adopted by the ACC.
7.25 Livestock and Poultry. No animals or reptiles of any kind shall be kept on the
Project, except that dogs, cats, and other indoor household pets may be kept provided that they are
not kept,bred, or maintained for any commercial purpose. No individual Lot Owner shall keep more
than two(2) dogs.
7.26 Landscaping. All cleared areas between the front building line and the street shall
be fully landscaped within thirty(30) days, depending on weather conditions, of the time when Home
is ready for occupancy. Owner shall install or have installed fully landscaped rear and side yards
within nine(9)months of occupancy unless a longer time is approved by the ACC.
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7.27 Sims. No signs of any kind, nor for any uses, shall be erected,posted,painted or
displayed on any Lot or Common Area whatsoever, except for public notices by political divisions of
the State or County or as required by law. Any builder or the builder's agent may erect and display
signs during the period the builder is building and selling property in the Project only with prior
approval from ACC. Any Lot Owner or the Lot Owner's agent wishing to sell that Owner's Lot may
place one(1) "For Sale" sign on the Lot,provided such sign complies with any rules published by the
ACC.
7,28 Temporary Structures. No trailer,basement, tent, shack, garage,barn or other
outbuildings or any structure of a temporary character erected or placed on the Project shall at any
time be used as a residence, even temporarily. No building or structure shall be moved on to the
Project from any land outside the Project. A trailer may be placed and occupied by the designated
subdivision sales agent with the prior written approval of the ACC. A construction shack may be
used by an Owner's construction contractor during the construction period.
7.29 Completion of Construction. Any dwelling or structure erected or placed on any
Lot shall be completed as to external appearance, including finish painting or staining, and shall be
connected to sewers within eight(8)months from the date of commencement of construction, unless
some longer period of time is approved in writing by the ACC.
7.30 Easements. Easements for the installation and maintenance of utilities, drainage and
irrigation facilities are reserved as shown on the Plat Map and as described in Article 12. Within
these easements no structure,planting or other materials shall be placed or permitted to remain which
may damage or interfere with the installation and/or maintenance of such utilities, or which may
change the directions of flow of water through a drainage channel in the easement, or which may
obstruct or retard the flow of water through drainage channels in the easement. Except as otherwise
provided in Section 12.4, any easement or portion thereof located on any Lot and all improvements
thereon shall be maintained continuously by the Lot Owner.
7.31 Use During Construction. Except with the approval of the ACC, no person shall
reside in any structure on any Lot until such time as the improvements to be erected thereon in
accordance with the plans and specifications approved by the ACC have been completed.
Completion shall be considered receipt of a final inspection of the dwelling unit by the City of
Kirkland Building Department or other applicable government official.
7.32 Excavations. Except with the permission of the ACC, or except as may be necessary
in connection with the construction of any approved improvement,no excavation shall be made nor
shall any dirt be removed from or added to any Lot. Except with permission of ACC, no retaining
wall of more than four feet(4) in height(exposed height)may be constructed on any Lot.
7.33 Nuisances. No noxious or undesirable thing, or noxious or undesirable use shall be
permitted or maintained upon any Lot or upon any other portion of the Project. If the Board
determines that a thing or use is undesirable or noxious,that determination shall be conclusive.
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7.34 Clothes Lines,Other Structures. No clotheslines or other structures of a similar
nature shall be visible from any street or the ground level of any adjacent Lot or Common Area.
7.35 Common Drives. Common drives, walks(if any) and paths (if any)shall be used
exclusively for normal transit and no obstructions shall be placed thereon or therein except by
express written consent of the Board.
7.36 Building HeiEht. Except with the permission of the ACC,no building height shall
exceed thirty(30)feet, as measured from the lowest floor elevation of the house(either garage floor
or living area floor)to the maximum point on the roof.
7.37 Storm Runoff. Each Lot Owner shall ensure that all roof down spout drains are
properly cleaned and maintained, and that the Tight Line Drainage lines or Storm Infiltration System
on each Lot are clean and free of any debris. Due diligence shall be exercised by each Lot Owner to
prevent adverse impact of storm runoff onto down stream Lots.
7.38 Storm Detention Onerations and Maintenance. It is the responsibility of The
Vineyards Home Owners Association to maintain the detention and water quality
system and emergency access roads, if any, until such time that those improvements
are deeded or sold to a government agency, which will assume maintenance and
responsibility of such improvements. These covenants may not be amended to
eliminate the requirements to maintain the common areas, including storm water
facilities, private roadways and other common areas, or permitting conveyance of
those features to a third party without the written permission of the City of Renton.
See EXHBIT"B", for maintenance schedules.
ARTICLE 8
COMMON EXPENSES AND ASSESSMENTS
8.1 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for
each Lot owned within the Project,hereby covenants, and each Owner of any Lot by acceptance of a
deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree
to pay to the Association any assessment duly levied by the Association as provided herein. Such
assessments,together with interest, costs, late charges and reasonable attorneys' fees, shall be a
charge on the land and shall be a continuing lien upon the property against which each such
assessment is made. Each such assessment,together with interest, costs, late charges and reasonable
attorneys' fees, shall also be the personal obligation of the person who was the Owner of such
property at the time when the assessment fell due. The personal obligation for delinquent
assessments shall not pass to successors in title unless the lien for such delinquent assessments had
been properly recorded prior to title transfer or unless expressly assumed by them. Provided,
however,that in the case of a sale of any Lot which is charged with the payment of an assessment or
assessments payable in installments,the person or entity who is the Owner immediately prior to the
date of any such sale shall be personally liable only for the amount of the installments due prior to
said date. The new Owner shall be personally liable for installments that become due on and after
said date.
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8.2 Uniform Rate. Any assessments which may be levied from time to time pursuant to
the authority of the Board as set forth in Section 5.4.1, shall be fixed at a uniform rate for each Lot,
except for assessments levied against an Owner for the purpose of reimbursing the Association for
costs incurred in bringing the Owner or his/her Home and/or Lot into compliance with the provisions
of this Declaration. Declarant shall not be obligated to pay any assessment levied against any Lots
owned by it. An assessment against a Lot shall be the joint and several personal obligation of all
Owners of that Lot.
8.3 Initial Assessment Amount. Upon the sale of each Lot by the Declarant(whether to
a builder or otherwise), each Lot Owner, at the time of his/her purchase of the Lot, shall pay an initial
start-up assessment to the Association in the amount of$150.00. Such initial assessment shall be in
addition to any annual assessment provided for in this Article 8 and shall be for the purpose of
reimbursing the Declarant and/or Association for maintenance and operating expenses of and for the
Common Areas during the initial development and house sales period. Notwithstanding the
provisions set forth above, the Declarant shall not be liable for any initial assessments assessed or
due so long as Declarant owns any Lot.
8.4 Limitation on Annual Assessment Amount.
8.4.1 Board Authority. At any time after the sale of the first Lot by the Declarant
(whether to a builder or otherwise),the Board shall have the authority, without obtaining prior
approval of the Owners,to levy assessments in a given calendar year totaling not more than $250.00
per Lot. Assessments included in the foregoing calculation shall not include any assessments which
are levied against an Owner for reimbursing the Association for costs incurred in bringing the Owner
or his/her Home and/or Lot into compliance with the provisions of this Declaration nor any initial
assessments provided for in Section 8.3. Notwithstanding the provisions set forth above,the
Declarant shall not be liable for any fees or assessments assessed or due so long as Declarant owns
any Lot.
8.4.2 Annual Increase in Dollar Limit. The maximum dollar amount specified in
Section 8.4.1 shall not be increased by more than fifteen percent(15%)without the approval of a
majority of the Lot Owners voting at a meeting duly called for such purpose.
8.4.3 Owner Approval Required. Any assessment to be levied in a given
calendar year which would cause the total of all assessments for the year to exceed the sum per Lot
permitted by Sections 8.4.1 and 8.4.2 shall require the calling of a meeting of the Association upon
notice sent to all members not less than thirty(30)nor more than sixty(60) days in advance of the
meeting, and the approval at such meeting of the levy of such assessment by a majority of the Lots
represented at such meeting,provided a quorum is present as defined in the Bylaws.
8.5 Manner and Time of Payment. Assessments shall be payable by each Owner in
such reasonable manner as the Board shall designate. Any assessment or installment thereof which
remains unpaid for at least fifteen(15)days after the due date thereof shall bear interest at an annual
rate equal to fifteen percent(15%), and the Board may also assess a late charge in an amount not
exceeding twenty-five(25%) of any unpaid assessment which has been delinquent for more than
fifteen(15)days.
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8.6 Accounts. Any assessments collected by the Association shall be deposited in one or
more insured institutional depository accounts established by the Board. The Board shall have
exclusive control of such accounts and shall maintain accurate records thereof;provided, however,
that the Board may exercise such control through a property manager retained pursuant to Section
5,4.2. No withdrawal shall be made from said accounts except to pay for charges and expenses
authorized by this Declaration.
8.7 Lien. In the event any assessment or installment thereof remains delinquent for more
than thirty (30)days,the Board may, upon fifteen(15) days prior written notice to the Owner of such
Lot of the existence of the default, accelerate and demand immediate payment of the entire
assessment. The amount of any assessment assessed or charged to any Lot plus interest, costs, late
charges and reasonable attorneys' fees, shall be a lien upon such Lot. A claim of lien may be
recorded in the office where real estate conveyances are recorded for the county in which this Project
is located. Such claim of lien may be filed at any time at least fifteen(15)days following delivery of
the notice of default referred to above. The lien for payment of such assessments and charges shall
have priority over all other liens and encumbrances,recorded or unrecorded, limited as provided in
Section 11.1. Suit to recover a money judgment for unpaid assessments or charges shall be
maintainable with or without foreclosure or waiver of the lien securing the same.
8.8 Waiver of Homestead. Each Owner hereby waives,to the extent of any liens
created pursuant to this Article,the benefit of any homestead or exemption law in effect at the time
any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the
terms hereof.
8.9 Continuine Liability for Assessments. No Owner may exempt himself/herself from
liability for his/her Assessments by abandonment of his/her Lot.
8.10 Records,Financial Statements. The Board shall prepare or cause to be prepared,
for any calendar year in which the Association levies or collects any assessments, and shall distribute
to all Owners, a balance sheet and an operating(income/expense)statement for the Association,
which shall include a schedule of assessments received and receivable, identified by the number of
the Lot and the name of the Owner so assessed. The Board shall cause detailed and accurate records
of the receipts and expenditures of the Association to be kept specifying and itemizing the
maintenance, operating, and any other expenses incurred. Such records, copies of this Declaration,
the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall
be available for examination by any Owner at reasonably convenient hours.
8.11 Certificate of Assessment. A certificate executed and acknowledged by the
treasurer or the president of the Board, or an authorized agent thereof if neither the president nor
treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by
the assessment lien upon any Lot shall be conclusive upon the Association as to the amount of such
indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith.
Such a certificate shall be furnished to any Owner or any encumbrancer of a Lot within a reasonable
time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any
encumbrancer holding a lien on a Lot may pay any unpaid assessments or charges with respect to
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•
such Lot, and,upon such payment, shall have a lien on such Lot for the amounts paid of the same
rank as the lien of his/her encumbrance.
8.12 Foreclosure of Assessment Lien.Attorneys' Fees and Costs. The Declarant or
Board, on behalf of the Association, may initiate action to foreclose the lien of, or collect, any
assessment. In any action to foreclose the lien of, or otherwise collect, delinquent assessments or
charges, any judgment rendered in favor of the Association shall include a reasonable sum for
attorneys'fees and all costs and expenses reasonably incurred in preparation for or in the prosecution
of said action(including in any arbitration, on appeal, and in any bankruptcy proceeding), in addition
to taxable costs permitted by law.
8.13 Curing of Default. The Board shall prepare and record a satisfaction and release of
the lien for which a claim of lien has been filed and recorded in accordance with this Article upon
timely payment or other satisfaction of all delinquent assessments set forth in the Notice, and all
other assessments which have become due and payable following the date of such recordation with
respect to the Lot as to which such claim of lien was recorded,together with all costs, late charges
and interest which have accrued thereon. An additional administrative fee of twenty-five dollars
($25.00)covering the cost of preparation and recordation shall be paid to the Association prior to
such action. The satisfaction of the lien created by the claim of lien shall be executed by the
president or treasurer of the Association or by any authorized representative of the Board. For the
purposes of this paragraph,the term "costs" shall include costs and expenses actually incurred or
expended by the Association in connection with the cost of preparation and recordation of the claim
of lien and in efforts to collect the delinquent assessments secured by the lien and a reasonable sum
for attorneys' fees.
8.14 Omission of Assessment. The omission by the Board or the Association to fix the
estimate for assessments and charges hereunder for the next year before the expiration of any current
year shall not be deemed a waiver or modification in any respect of the provisions of this
Declaration, or a release of the Owner from the obligation to pay the assessments and charges, or any
installment thereof for that or any subsequent year. The assessment and charge fixed for the
preceding year shall continue until a new assessment or charge is fixed.
8.15 Assessment Deposit. A Lot Owner may be required,by the Board or by the
managing agent, from time to time,to make and maintain a deposit of not more than the total of: one
(1)annual assessment;plus either one(1)special assessment if special assessments are payable on an
annual basis, or three(3)special assessment installments if special assessments are payable on a
monthly or other periodic basis. Such deposit may be collected as are other assessments and charges.
Such deposit shall be held in a separate fund,be credited to such Owner, and be for the purpose of
establishing a working capital fund for the initial Project operations and a reserve for delinquent
assessments. Resort may be had thereto at any time when such Owner is ten(10) days or more
delinquent in paying his/her assessments and charges,to meet unforeseen expenditures,to acquire
additional equipment or services deemed necessary or desirable by the Board, or as a credit against
any annual or special assessments to become due from such Owner. Said deposits shall not be
considered as advance payments of annual assessments. All or any portion of such deposit may at
any time be refunded to the Owner by the Association in the discretion of the Board, such refund
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being made as a cash refund or a credit against assessments subsequently to become due or a
combination thereof
8.16 Exempt Property. The following property subject to this Declaration shall be
exempt from the assessments created herein:
8.16.1 All properties dedicated to and accepted by a governmental entity;
8.16.2 All Common Areas; and
8.16.3 All properties owned by a charitable or nonprofit organization or an
organization exempt from taxation by the laws of the state of Washington.
However,the land or improvements, which are referred to in Sections 8.16.1, 8.16.2 and 8.16.3 and
which are devoted to dwelling use, shall not be exempt from said assessments.
8.17 Effect of Legal Proceedings. In any legal proceeding commenced pursuant to
Section 9.1.1, and notwithstanding the assessment limitations provided for in this Declaration,the
court having jurisdiction over such proceeding shall also have jurisdiction and power to cause
assessments to be levied and collected on an equal per Lot basis in such amounts as is reasonably
necessary to cause the Project to be properly administered in accordance with the provisions of this
Declaration and the Bylaws, or to cause the provisions of this Declaration and the Bylaws to be
properly applied and enforced.
ARTICLE 9
COMPLIANCE WITH DECLARATION
9.1 Enforcement.
9.1.1 Compliance of Owner. Each Owner,Board member and the Association
shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative
rules and regulations adopted by the Association(as the same may be lawfully amended from time to
time). Failure to comply shall be grounds for an action to recover sums due for damages, or
injunctive relief, or both, maintainable by the Board(acting through its officers on behalf of the
Association and the Owners), or by the aggrieved Owner on his/her own against the party(including
an Owner or the Association) failing to comply. In addition,the Association may impose and collect
fmes as provided in Section 5.4.12 of this Declaration.
9.1.2 Compliance of Lessee. Each Owner who shall rent or lease his/her Lot shall
insure that the lease or rental agreement is in writing and subject to the terms of this Declaration,
Articles of Incorporation, and Bylaws. Said agreement shall further provide that failure of any lessee
to comply with the provisions of said documents shall be a default under the lease.
9.1.3 Attorneys' Fees. In any action to enforce the provisions of this Declaration,
the Articles of Incorporation or the Bylaws,the prevailing party in such legal action shall be entitled
to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in
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426861.1/013223,00012
preparation for or prosecution of said action(including in any arbitration, on appeal, or in any
bankruptcy proceeding), in addition to taxable costs permitted by law.
9.2 No Waiver of Strict Performance. The failure of the Board, or Declarant or
Declarant's managing agent, as applicable, in any one or more instances to insist upon or enforce the
strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of
any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a
relinquishment for the future of such term, covenant, condition or restriction,but such term,
covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of
any provision hereof shall be deemed to have been made unless expressed in writing and signed by
the Board.
9.3 Richt of Entry. Violation of any of the provisions hereof shall give to Declarant, its
successors, or the Association,the right to enter upon the Lot as to which such violation exists and to
abate, correct and remove, at the expense of the Owner thereof, any erection, thing or condition that
may be or exists thereon contrary to the provisions hereof Such entry shall be made only after three
(3) days notice to said Owner and with as little inconvenience to the Owner as possible, and any
damage caused thereby shall be repaired by the Association. Declarant, its successors, or the
Association shall not be deemed guilty of any manner of trespass by such entry, abatement or
removal.
9.4 Remedies Cumulative. The remedies provided are cumulative, and the Board may
pursue them concurrently, as well as any other remedies that may be available under law although
not expressed herein.
ARTICLE 10
LIMITATION OF LIABILITY
10.1 No Personal Liability. So long as a Board member, Association committee member,
Association officer, Association agent, or Declarant exercising the powers of the Board, has acted in
good faith, without willful or intentional misconduct, upon the basis of such information as may be
possessed by such person, no such person shall be personally liable to any Owner, or other party,
including the Association, for any damage, loss or prejudice suffered or claimed on account of any
act, omission, error, negligence(except gross negligence), any discretionary decision, or failure to
make a discretionary decision,by such person in such person's official capacity;PROVIDED,that
this section shall not apply where the consequences of such act,omission, error or negligence are
covered by insurance or bonds obtained by the Board pursuant to this Declaration.
10.2 Indemnification of Board Members. Each Board member or Association
committee member, or Association officer, Association agent, or Declarant exercising the powers of
the Board, and their respective heirs and successors, shall be indemnified by the Association against
all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in
connection with any proceeding to which he/she may be a party, or in which he/she may become
involved, by reason of being or having held such position at the time such expenses or liabilities are
incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct or
gross negligence or a knowing violation of law in the performance of his/her duties, and except in
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426861.1/013223.00012
such cases where such person has participated in a transaction from which said person will personally
receive a benefit in money,property, or services to which said person is not legally entitled;
PROVIDED,that, in the event of a settlement, the indemnification shall apply only when the Board
approves such settlement and reimbursement as being in the best interest of the Association. Nothing
contained in this Section 10.2 shall,however,be deemed to obligate the Association to indemnify
any Member or Owner of a Lot who is or has been a Board member or officer of the Association
with respect to any duties or obligations assumed or liabilities incurred by him under and by virtue of
the Declaration as a Member or Owner of a Lot covered thereby and not as a Board member or
officer of the Association.
ARTICLE 11
MORTGAGEE PROTECTION
i hereof,
11.1 Priority of Mortgagee. Notwithstanding all other provisions s the liens
created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in
favor of any assessing unit and/or special district and be subject to the rights of the secured party in
the case of any indebtedness secured by first lien Mortgages which were made in good faith and for
value upon the Lot. Where the Mortgagee of a Lot, or other purchaser of a Lot, obtains possession of
a Lot as a result of Mortgage judicial or nonjudicial foreclosure or deed in lieu thereof, such
possessor and its successors and assigns shall not be liable for the share of any assessment by the
Association chargeable to such Lot which becomes due prior to such possession,but will be liable for
any assessment accruing after such possession. Such unpaid share of common expenses or
assessments shall be deemed to be common expenses collectible from all of the Lot Owners
including such possessor, its successor and assigns.
11.2 Effect of Declaration Amendments. No amendment to this Declaration shall be
effective to modify, change, limit or alter the rights expressly conferred upon Mortgagees in this
instrument with respect to any unsatisfied Mortgage duly recorded unless the amendment shall be
consented to in writing by the holder of such Mortgage. Any provision of this Article concerning
rights of Mortgagees that is inconsistent with any other provision of this Declaration shall control
over such other inconsistent provisions.
11.3 Right of Lien Holder. A breach of any of the provisions, conditions, restrictions,
covenants, easements or reservations herein contained shall not affect or impair the lien or charge of
any bona fide Mortgage made in good faith and for value on any Lots;provided, however,that any
subsequent Owner of the Lot shall be bound by these provisions whether such Owner's title was
acquired by foreclosure or trustee's sale or otherwise.
11.4 Chanae in Manner of Architectural Review and Maintenance Within Protect.
The Association shall not,without prior written approval of seventy-five percent(75%) of all first
Mortgagees (based upon one(1)vote for each first Mortgage owned) and seventy-five percent(75%)
of all Owners(other than Declarant) of record by act or omission change,waive or abandon any
scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior
appearance of Homes,the exterior maintenance of Homes, maintenance of walkways, fences and
driveways, or the upkeep of lawns and plantings in the development, including the provisions of
Articles 4 and 5 hereof.
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1
•
11.5 Conies of Notices. If the first Mortgagee of any Lot so requests the Association in
writing, the Association shall give written notice to such first Mortgagee of an Owner/Mortgagor of a
Lot has for more than sixty (60)days failed to meet any obligation under this Declaration.
11.6 Furnishing of Documents. The Association shall make available to prospective
purchasers,Mortgagees, insurers, and guarantors, at their request, current copies of the Declaration,
Bylaws, and other rules governing the Project, and the most recent balance sheet and income/expense
statement for the Association, if any has been prepared.
ARTICLE 12
EASEMENTS
12.1 Association Functions. There is hereby reserved to Declarant and the Association,
or their duly authorized agents and representatives, such easements as are necessary to perform the
duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and
rules and regulations adopted by the Association.
12.2 Easements Over Common Areas. The Board, on behalf of the Association and all
members thereof, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled
with an interest, shall have authority to grant(in accordance with applicable governmental laws and
regulations)utility,road and similar easements, licenses and permits, under, through or over the
Common Area, which easements the Board determines are reasonably necessary to the ongoing
development and operation of the Project; provided, however,that no easement shall be granted
within any Native Growth Protection Area or Native Growth Protection Easement.
12.3 Access to Public Streets. Each Owner and his/her guests and invitees shall have a
perpetual, non-exclusive easement across all roadways constructed within the Project,thereby
providing access throughout the Project and to public streets.
12.4 Utility Easements. On each Lot, easements are reserved as provided by the Plat Map
and applicable laws,ordinances and other governmental rules and regulations for utility installation
and maintenance, including but not limited to,underground electric power,telephone, water, sewer,
drainage, and accessory equipment, together with the right to enter upon the Lots at all times for said
purposes.
ARTICLE 13
TERM OF DECLARATION
13.1 Duration of Covenants. The covenants contained herein shall run with and bind the
land for a term of thirty(30)years from the date this Declaration is recorded, after which time the
covenants shall be automatically extended for successive periods of ten(10)years each, unless an
instrument executed in accordance with Section 14.1 below shall be recorded, abandoning or
terminating this Declaration.
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1
13.2 Abandonment of Subdivision Status. The Association shall not, without the prior
written approval of the governmental entity having jurisdiction over the Project and without prior
written approval of one hundred percent(100%)of all first Mortgagees(based upon one(1)vote for
each first Mortgage owned)and one hundred percent(100%)of all Owners (other than Declarant)of
record, seek by act or omission to abandon or terminate the subdivision status of the Project as
approved by the governmental entity having appropriate jurisdiction over the Project.
ARTICLE 14
AMENDMENT OF DECLARATION,PLAT MAP
14.1 Declaration Amendment. Amendments to the Declaration shall be made by an
instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment.
Except as otherwise specifically provided for in this Declaration, any proposed amendment must be
approved by a majority of the Board prior to its adoption by the Owners. Amendments may be
adopted at a meeting of the Owners if seventy-five percent(75%)of the Owners vote for such
amendment, or without any meeting if all Owners have been duly notified and seventy-five percent
(75%)of all the Owners consent in writing to such amendment. Notwithstanding the foregoing, any
amendment to a provision of the Declaration establishing,providing for, governing or regulating the
following shall require the consent of seventy-five percent(75%)of all the Owners and seventy-five
percent(75%) of all the Mortgagees and the consent of the Declarant(so long as Declarant owns any
Lots): voting; assessments, assessment liens or subordination of such liens; reserves for
maintenance, repair and replacements of Common Areas; insurance or bonds; use of Common
Areas; responsibility for maintenance or repairs; expansion or construction of the Project or the
addition, annexation or withdrawal of property to or from the Project;boundaries of Lots; converting
of Lots into Common Areas or vice versa; dedicating or transferring all or any part of the Common
Area to any public agency, authority or utility; leasing of Lots;provisions for the benefit of the
Declarant;provisions for benefit of first Mortgagees, or holders, insures or guarantors of first
Mortgages;the interests in Common Areas; or imposition of any right of first refusal or similar
restrictions on the right of an Owner to sell,transfer or otherwise convey a Lot;provided,that a
Mortgagee who fails to respond in writing within thirty(30) days of a written request to approve an
amendment shall be deemed to have approved the request. In all events,the amendment when
adopted shall bear the signature of the president of the Association and shall be attested by the
secretary, who shall state whether the amendment was properly adopted, and shall be acknowledged
by them as officers of the Association. Amendments once properly adopted shall be effective upon
recording in the appropriate governmental offices where real estate conveyances are recorded for the
county in which the Project is located. It is specifically covenanted and understood that any
amendment to this Declaration properly adopted will be completely effective to amend any or all of
the covenants, conditions and restrictions contained herein that may be affected and any or all clauses
of this Declaration unless otherwise specifically provided in the section being amended or the
amendment itself.
14.2 Plat Map. Except as otherwise provided herein, to effect an amendment to the
Declaration adopted as provided for in Section 14.1, the Plat Map may be amended by revised
versions or revised portions thereof,provided that the revised version or revised portions reference
the adopted amendment to this Declaration. Copies of any such proposed amendment to the Plat
Map shall be made available for the examination of every Owner. Such amendment to the Plat Map
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426861.1/013223.00012
f �
shall be effective, once properly adopted,upon having received any governmental approval required
by law and recordation in conjunction with the Declaration amendment in the appropriate
governmental office where real estate conveyances are recorded for the county in which the Project is
located.
14.3 Amendments to Conform to Construction. Declarant, upon Declarant's sole
signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an
interest, may at any time, until all Lots have been sold by Declarant, file an amendment to the
Declaration and to the Plat Map to conform data depicted therein to improvements as actually
constructed and to establish,vacate and relocate utility easements and access road easements.
14.4 Amendments to Conform to Lending Institution Guidelines. So long as Declarant
continues to own one or more Lots,Declarant,upon Declarant's sole signature, and as an attorney-in-
fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all
Lots have been sold by Declarant, file such amendments to the Declaration and Plat Map as are
necessary to meet the then requirements of Federal National Mortgage Association,Veterans
Administration,Federal Home Loan Mortgage Corporation, or other agencies, institutions or lenders
financing and/or title insuring the purchase of a Lot from the Declarant.
14,5 Article 16 Amendments. Declarant, upon Declarant's sole signature, and as an
attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any
time,until all Lots have been sold by Declarant, file such amendments to the Declaration and Plat
Map as are necessary in the exercise of Declarant's powers under Article 16. Annexations provided
for in Article 16 shall be approved and recorded as an amendment to this Declaration as provided in
this Article 14.
ARTICLE 15
INSURANCE
15.1 Insurance. The Board shall have authority in the exercise of its discretion to obtain
and maintain at all times as a common expense a policy or policies and bonds of liability insurance
and property insurance covering the ownership,use and operation of all of the Common Area(and
Common Area improvements), if any, including common personal property and supplies belonging
to the Association; fidelity coverage for Association Board members (including Declarant), officers,
employees or agents; and such other insurance as the Board may deem advisable or as may be
required by the Federal National Mortgage Association,Federal Home Loan Mortgage Association,
Veterans Administration or similar agencies or lending institutions. In the event of damage to or
destruction of any part of the Common Area improvements,the Association shall repair or replace
the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover
the costs of repair or replacement of the property damaged or destroyed,the Association may make a
reconstruction assessment against all Lot Owners to cover the additional cost of repair or
replacement not covered by the insurance proceeds, in addition to any other common assessments
made against such Lot Owners.
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ARTICLE 16
ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES
16.1 Annexation and Withdrawal by Declarant. Although not obligated to do so,
Declarant reserves the right to develop as single family residential subdivisions additional lands that
would be in addition to and are nearby the land described in Exhibit A("Additional Lands").
Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Project
without the assent of the members of the Association;PROVIDED,however, that the annexation of
Additional Lands described in this Article shall be adjacent to the then existing Project. Such
Additional Lands shall be deemed "adjacent" to the existing Project even if separated therefrom by
land which: (i) is owned by Declarant,the Association or the Lot Owners as tenants in common; or
(ii) is owned by or dedicated to the public or a governmental agency or instrumentality; or(iii)is
available for the use or benefit of the Association or Lot Owners by easement or otherwise; or(iv) is
a public or private street,path,bicycle path, railroad track or other improvement or easement for
public transportation or utility service. Although not obligated to do so,Declarant reserves the right
to discontinue development of and withdraw from the Project any unplatted land within the Project,
including any Additional Lands previously annexed, without the assent of the members of the
Association.
16.2 Non-Declarant Annexations. Annexation of Additional Lands other than Declarant
annexations provided for in Section 16.1 hereof shall require the assent of the Owners,Mortgagees
and Declarant as provided in Section 14.1.
16.3 Common Areas Within Additional Lands. Common Areas within any Additional
Lands subsequently annexed to the existing Project shall be available for the common use of all
Owners of Lots within the existing Project as well as within such subsequently annexed Additional
Lands. Likewise, Common Areas within the existing Project shall be available for the common use
of all Owners of Lots within such subsequently annexed Additional Lands as well as within the
existing Project.
ARTICLE 17
MISCELLANEOUS
17.1 Notices. Any written notice, or other document as required by this Declaration, may
be delivered personally or by mail. If by mail, such notice, unless expressly provided for herein to
the contrary with regard to the type of notice being given, shall be deemed to have been delivered
and received forty-eight(48)hours after a copy thereof has been deposited in the United States first-
class mail,postage prepaid, properly addressed as follows:
(a) If to an Owner, other than Declarant,to the registered address of such Owner,
as filed in writing with the Board pursuant to the requirements of the Bylaws,or if no such address is
filed,then to the address of the Owner's Lot.
(b) If to Declarant, whether in its capacity as an Owner, or in any other capacity,
to the address which Declarant shall have advised the Board in writing.
426861.1/013223.00012 26
(c) Prior to the expiration of the Declarant's management authority pursuant to
Section 5.2,notices to the Board shall be addressed to the address set forth in (b) above. Thereafter,
notices to the Board shall be addressed either to an address to be posted by the Board at all times in a
conspicuous place or to the registered office of the Association. In addition, from and after the
expiration of the Declarant's management authority, notice of the address of the Association shall be
given by the Board to each Owner, within a reasonable time after the Board has received actual
notice of such Owner's purchase of a Lot.
17.2 Conveyances,Notice Reauired. The right of an Owner to sell, transfer, or otherwise
convey his/her Lot shall not be subject to any right of approval, disapproval, first refusal, or similar
restriction by the Association or the Board or anyone acting on their behalf. An Owner intending to
sell a Lot shall deliver a written notice to the Board at least two(2)weeks before closing, specifying:
the Lot being sold;the name and address of the purchaser, of the closing agent, and of the title
insurance company insuring the purchaser's interest; and the estimated closing date. The failure of an
Owner to properly give such notice to the Board shall not invalidate the sale. The Board shall have
the right to notify the purchaser, the title insurance company, and the closing agent of the amount of
unpaid assessments and charges outstanding against the Lot, whether or not such information is
requested.
17.3 Successor and Assigns. This Declaration shall be binding upon and shall inure to
the benefit of the heirs,personal representatives, successors and assigns of Declarant, and the heirs,
personal representatives, grantees, lessees, subleases and assignees of the Owners.
17.4 Joint and Several Liability.In the case of joint ownership of a Lot,the liability of
each of the Owners thereof in connection with the liabilities and obligations of Owners set forth in or
imposed by this Declaration shall be joint and several.
17.5 Mortgagee's Acceptance.
17.5.1 Priority of Mortgage. This Declaration shall not initially be binding upon
any Mortgagee of record at the time of recording of this Declaration but rather shall be subject and
subordinate to said Mortgage.
17.5.2 Acceptance Upon First Conveyance. Declarant shall not consummate the
conveyance of title to any Lot until each Mortgagee of record at the time of recording of this
Declaration shall have accepted the provisions of this Declaration and made appropriate
arrangements for partial release of Lots from the lien of said Mortgage. The issuance and recording
of the first such partial release by said Mortgagee shall constitute its acceptance of the provisions of
this Declaration and acknowledgment that this Declaration is binding upon all of the Lots remaining
subject to its Mortgage;provided,that, except as to Lots so released, said Mortgage shall remain in
full effect.
17.6 Severability. The provisions hereof shall be deemed independent and severable, and
the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not
affect the validity or enforceability of any other provision hereof
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426861.1/013223.00012
17.7 Effective Date. The Declaration shall take effect upon recording.
17.8 Government Right of Access. Governmental entities shall have rights of access and
inspection for the open space area and any drainage facilities contained therein.
IN WITNESS WHEREOF,Belmont Homes,Inc. and Darnell,LLC have executed this
Declaration the day and year first hereinabove written.
DARNELL,LLC
a Washington limited liability company
By:arr"! / • h
/ ,1" 4:/;•Ssslory 1 I
/
0/4 -1 o•<�j�
%CCkyOTARyfi -tf
j 'v --►®1--- c
No's PUB LlC d f
9 O
,119..1,:..6
STATE OF WASHINGTON ) t �` W�5�ACI�
ss:
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Robert Wenzl is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that
he was authorized to execute this instrument and acknowledged it as the President of Belmont
Homes, Inc., and Darnell,LLC, to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
DATED:/j 211 , 2003.
Print N., e: o L917
NOT;4'Y PUBLIC in and for the State of
Washington, residing at t&Z-1--9/t1�
My Appointment expires:`t I"Ote
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426861.1/013223.00012
•
EXHIBIT A
Legal Description of the Project
Lots 1-42 of The Vineyards as recorded in Volume.Z i of Plats,Pages 7 7
Through &I ,Records of King County, State of Washington, under Recording
No. R-05030 3o 50000�7
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426861.1/013223.00012
EXRWIT"B"
PLAT OF
"THE VINEYARDS"
STORM DETENTION
OPERATIONS AND MAINTENANCE RESTRICTIVE COVENANTS
February 2003
Plat of"The Vineyards"
Storm Detention
Operation and Maintenance Restrictive Covenant
1.0 DESCRIPTION OF PROJECT SITE
The project is a 42-lot residential development on a 7.3-acre site with a combined 1.49 acres
in wetland, open space and storm drainage tracts. Access to the site is from the extension of
NE 6thh Street SE from Bremerton Avenue from NE 5th Street from Union Avenue NE in
Renton,Washington. The storm drainage detention and water quality system serving the
project site is located entirely within Tract B and is to be owned and maintained privately and
under equal share of all 42-lot owners. The storm drainage collection and conveyance
system serving the site is located within City of Renton Public right-of-ways and will be
owned and maintained by the City of Renton. The individual owners of lots 1 through 42 of
the plat of the Vineyards are responsible for the operation and maintenance of the storm
drainage detention and water quality system serving the project in conformance with the
information provided in this document.
2.0 STORM DRAINAGE SYSTEM
The site is served by a single storm drainage collection, conveyance, detention and water
quality treatment facility. The collection and conveyance system is located within City of
Renton Public right-of-ways and will be owned and maintained by the City of Renton. The
storm drainage detention and water quality facility is a 140-foot long by 46 feet wide by 12
foot deep underground concrete vault located within Tract B at the north side of the extension
of NE 6th Street. Storm drainage flows are collected and conveyed to the detention and water
quality facility and then released at pre-developed rates as designed through an orifice flow
control structure contained within the 54"diameter CB#3. Please refer to Figures 1 through
5 for project site and storm drainage facility locations.
Per conditions of approval, all storm drainage detention and water quality facilities are
located in common area tracts outside of dedicated Right-of-Way. Per conditions of
approval,this agreement establishes a maintenance program for said storm drainage facilities.
The 42 individual homeowners as a collective will be responsible for operation and
maintenance of the storm drainage detention and water quality system.
3.0 OPERATION AND MAINTENANCE STANDARDS
3.1 VACTOR TRUCK WASTE DISPOSAL
Vactor trucks (also called evacuator or vacuum trucks)are often used to clean out drainage
facilities such as catch basins, storm drainage vaults and oil/water separators. The cleaning
operation results in the collection of water used to flush out the system, standing water that
was in the facility, sediments, and possibly other wastes such as oil. Wastewater, collected
sediments, and other wastes are considered contaminated and may not be discharged back
1 AEC#9838
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into the drainage facility they were removed from,nor to any other component of the surface
water system. This wastewater shall be disposed of in compliance with Washington State
Department of Ecology regulations.
3.2 ORIFICE CONTROL STRUCTURE- OIL/WATER SEPARATOR
Orifice Control Structure -Oil/water separator shall be checked frequently by the property
owner or manager and cleaned whenever oil accumulations exceed 1 inch anywhere in the
separator. In addition,the structure shall be cleaned at least once annually, in the fall or early
winter,after the first significant rainfall (more than 0.5 inches in 24 hours).
Orifice Control Structure -Oil/water separators for high-risk sites, or those discharging to
sensitive surface waters,may require more frequent maintenance.
Oil accumulations from structures may be removed by the use of oil absorbing pads or
pillows. Used pads may be squeezed out and re-used or disposed of properly along with any
collected waste oils or residuals. Collected waste oils and residuals may not be discharged to
the sanitary sewer or to any surface water system.
Orifice Control Structure-Oil/water separators may also be pumped out by the use of a
vactor truck to remove both accumulated oil and sediments. Water removed from the
structure shall be disposed of properly. Clean water will be used to replace any water
removed from the structure.
3.3 TREES AND SHRUBBERY: PROHIBITED SPECIES AND REMOVAL PROCEDURE
It is unlawful to plant willow,poplar, cottonwood, soft maples, gum, or any other tree or any
shrub whose roots are likely to obstruct public or private storm drainage or sanitary sewer or
within 30 feet of any public utility. The Director of Public Works is authorized to remove
any trees or shrubs from any public street, or the roots of any trees or shrubs that extend from
any public street,when the tree or roots are obstructing, or when it is determined that they are
liable to obstruct public or private sewers,provided,however, 10 days notice shall be given
in writing to the owner or occupant of the abutting property to remove the same. If such
owner or occupant fails or refuses to do so, the reasonable cost of such removal when done
by the City shall be a lien upon the abutting property from which such trees or shrubs are
removed. The City Attorney is authorized, empowered, and directed to collect such charge
by suit maintained in the name of the City as plaintiff, in any court of competent jurisdiction.
2 AEC#9838
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4.0 MAINTENANCE CHECKLISTS
The privately owned storm drainage detention and water quality facility contained within
Tract A of the plat of"The Vineyards" shall be maintained according to the criteria outlined
in the following tables.
DEFINITIONS
Refer to the King County Surface Design Manual(KCSWDM) for definitions. Also refer to City of
Renton Design and Construction Standards and Specifications. Where conflicts between the
KCSWDM and City of Renton definitions shall apply. The Renton Public Works Director shall have
the authority to make interpretations regarding definitions.
Supplement definition of Impervious Surfaces as those having a"C"value of 0.80 or more shown in
Table 4.3.3A of the BSWDM.
3 AEC#9838
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THE VINEYARDS
Storm and Surface Water Utility
Operation and Maintenance Program
Inspection Item Condition Required Action
Frequency
Closed Detention Systems (Pipes/Tanks/Vaults)
M Tank/Pipe Sections Accumulated sediment depth Remove all sediment
exceeds 10% of the diameter of and debris from
the storage area for 1/2 length of storage area.
storage vault, or any point depth
exceeds 15%of diameter.
Example: 72" storage tank
would require cleaning when
sediment reaches a depth of 7"
for more than'/2 length of tank.
A Any crack in joint/pipe sections Seal all joints
allowing material to be between tank/pipe
transported into facility. sections.
A Any part of tank/pipe is bent out Repair or replace
of shape more than 10%of its pipe/tank to design.
design shape.
M Vaults Accumulated sediment exceeds Remove sediment
1/3 the depth from the bottom of from the vault.
the vault to the invert of the
lowest pipe.
Control Structure/Flow
Restrictor
M Sediment,Trash, and Debris Distance between debris build- Remove all
up and bottom of orifice plate is sediment,trash,and
less than 1.25'. debris.
A = Annual (March or April preferred)
M = Monthly
S = After major storms (use 1 inch in 24 hours as a guideline)
4 AEC#9838
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A Restrictor/Structure Restrictor is not securely attached Attached restrictor
Damage to manhole wall. securely to wall and
outlet pipe.
Restrictor is more than 30
degrees from plumb. Replace outlet pipe if
rusted or reseal.
Connections at outlet pipe are not
watertight and/or show signs of
rust.
A Cleanout Gate Cleanout grate is damaged, Repair or replace to
missing or will not open. meet design standards.
Replace or replace
Chain is damaged or missing. chain.
A Orifice Plate Plate is missing, out of place, Repair or replace to
bent, or damaged. meet design standards.
Trash, debris, sediment, or Free plate of all
vegetation is blocking the plate. obstruction and assure
operation per design.
Catch Basins/Manholes
M,S Sediment,Trash, and Trash, sediments, and/or debris is Remove trash, debris
Debris blocking more than 20% of the and sediment grate.
grate surface.
M,S Sediment,Trash, and Trash, sediment, and/or debris in Remove trash, debris
Debris the basin exceeds 1/3 the depth and sediment from the
from the bottom of the basin to basin.
invert of the lowest pipe.
Dead animals or vegetation that Remove vegetation. If
could generate offensive odors dead animals are
and/or dangerous gases. present,contact local
health department
and/or animal control
regarding removal and
disposal.
A = Annual (March or April preferred)
M = Monthly
S = After major storms (use 1 inch in 24 hours as a guideline)
5 AEC#9838
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M,S Presence of trash,debris, or Remove trash, debris
garbage exceeding 1 ft. 1 that or garbage and
could attract insects or rodents. dispose.
M Structural Damage to Frame is separated from top slab Repair or replace
Frame and/or Structure by more than 1". frame.
M,S Vegetation Vegetation growing across and Remove vegetation to
blocking more than 20% of the clear basin opening.
basin opening.
Vegetation that is more than 6" Remove vegetation.
tall and less than 6"apart
growing in inlet or outlet pipes.
M,S Pollution Oil, gasoline, or other Remove chemicals
contaminants such as grease, fuel other than a surface
oil,heating oil,paint,pesticides, film.
herbicides, fertilizers, sewage,
chlorine, solvents, antifreeze of 1
gallon or more, or any amount
found that could(1)cause
damage to plant, animal or
marine life; (2)constitute a fire
hazard; (3)be flushed
downstream during rainstorms or
(4)contaminate groundwater.
Non-flammable chemicals of Contact local health
more than Y2 ft. per 3 ft. of basin department regarding
length. removal and disposal.
M Catch Basin/Manhole Cover not in place and/or grate is Replace cover and/or
Cover missing or broken. grate.
A = Annual (March or April preferred)
M = Monthly
S = After major storms (use 1 inch in 24 hours as a guideline)
6 AEC#9838
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M Catch Basin/Manhole Locking mechanism cannot be Repair or replace
Cover opened by one maintenance locking mechanism.
person with proper tools. Bolts
into frame have less than 1/2 inch
of thread working.
Cover is difficult to remove. One Correct cause and/or
maintenance person cannot replace cover.
remove lid after applying 80 lbs.
of lift.
A Ladder Ladder is missing rungs, Repair or replace
misaligned,rusted,and cracked ladder to meet design
or has sharp edges. standards.
Energy Dissipaters
A Rock Pad Only one layer of rock exists Replace rocks to
above native soil in area 5 ft. 2 or design standards.
larger, or any exposure of native
soil.
A Dispersion Tee Accumulated sediment exceeds Clean and/or flush
Connection 20% of the pipe diameter. pipe.
Visual evidence of water Redesign or rebuild
discharging at concentrated dispersion tee
points along trench(as opposed connection design
to"sheet flow"). standards. Intent is to
prevent erosion
damage.
Conveyance Systems
M,S Pipes Accumulated sediment and/or Clean pipe of all
debris is blocking more than 20% sediment and debris.
of the pipe's diameter.
M Vegetation reduces free Remove vegetation so
movement of water through water flows freely
pipes. through pipes.
A Any dent that decreases cross- Repair or replace pipe
sectional area by more than 25%
A = Annual (March or April preferred)
M = Monthly
S = After major storms (use 1 inch in 24 hours as a guideline)
7 AEC#9838
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Bioswales Accumulated sediment exceeds Clean ditch of
25%of design depth. sediment.
M,S Trash and debris exceeds 2 ft. per Clear ditch of trash
1,000 ft. 2 of ditch. and debris.
M Vegetation reduces free Mow.
movement of water through
ditches.
A Rock check dams are out of place Replace rock dams to
or missing. design standards.
Maintenance Access
A Tree Growth When tree growth interferes with Trim or remove trees
access of maintenance activities. to allow maintenance
access for mowing,
inspection, silt
removal, vactoring.
A Fencing Any defect in the fence or any Repair to provide
erosion under the fence that security.
permits easy entrance to the
facility.
Any part of fence(including Realign fence to
posts, top rails, and fabric) 1 ft. or design standards.
more out of design alignment.
Damaged,broken or missing Replace or repair to
parts including barbed wire, design standards.
tension wire, extension arm.
Deteriorated paint or protective Repaint or replace
coating. protective coating.
Replace any parts that
are structurally
inadequate as a result
of rust.
A = Annual (March or April preferred)
M = Monthly
S = After major storms (use 1 inch in 24 hours as a guideline)
8 AEC#9838
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M Gates Damaged,broken, or missing Replace or repair to
parts including locks, hinges, design standards.
stretcher bars, and ties. Lube hinges and check
that gate opens freely.
Any defect in the gate or any Repair to provide
erosion under the gate that adequate security.
permits easy entrance to facility.
M Access Roads Roadway is blocked. Free roadway of trash,
debris,weeds, and
brush in such a way as
to allow maintenance
vehicle access.
A Obstructions which reduce Clear roadway
clearance below 14 feet. overhead to 14-foot
high clearance. Move
obstructions to allow
at least a 12-foot wide
access route.
A Surface defect prevents or hinders Smooth road surface
maintenance access. uniformly to allow
maintenance vehicle
access.
A Erosion within 1 foot of the Repair shoulder with
roadway is 8 inches wide and 6 riprap or embankment
inches deep or greater. fill to match
surrounding road.
Correct cause of
erosion.
The following material will not be allowed to enter any surface or subsurface part of the drainage system:
petroleum products including,but not limited to oil,gasoline,grease,fuel oil,and heating oil;trash;animal waste's
chemicals and paint's steam-cleaning waste's washing of uncured concrete for cleaning and or fmishing purpose or
to expose aggregate;laundry wastes or other soaps;pesticides,herbicides,or fertilizers; sewage;heated water;
chlorinated water or chlorine;degreasers and/or solvents,bark or other fibrous material;antifreeze and/or other
automotive products;lawn clippings,leaves or branches;animal carcasses;silt,acids or alkalis;dyes(unless prior
permission has been granted by the City of Renton Department of Public Works Maintenance Superintendent);and
construction materials.
2 Conform to WISHA and OSHA guidelines before entering a confined space.
A = Annual (March or April preferred)
M = Monthly
S = After major storms (use 1 inch in 24 hours as a guideline)
9 AEC#9838
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LIST OF STORM DRAINAGE
MAINTENANCE CONTRACTORS
This list of contractors was obtained from the yellow pages. American Engineering Corporation is
not familiar with these contractors. Their inclusion on this list does not attest to their qualifications
or their competence. It is recommended that the lot owners interview several of the contractors,
request quotes and check references before selecting a contractor.
Aqua Clean Jet-N-Vac, Inc. (425)271-5459
Clean Service Co., Inc (425)432-8005
Davidson-Macri Sweeping, Inc (425) 391-9221
Action Services Corporation (206) 628-0080
Bolles Construction, Inc (425) 868-0086