HomeMy WebLinkAboutRC 20021122000059 • R .
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AFTER RECORDING RETURN TO:
City. Clerk's Office
City of Renton - -
1055 S. Grady Way I liii!11 11 11 11 1 11 11 11 111111 11
Renton, WA 98055
20021122000059
CITY OF RENTON DPC 48.00
PAGE 001 OF 027
11/22/2002 08:31
KING COUNTY, WA
Reference Number of Related Document: N/A
Grantor: CQ Enterprises,Inc.
Grantee: The Public
Abbreviated Legal Description: Lots 1 through 18 of the Plat of Brookridge recorded in the Office
of the King County Auditor under file number200 .2 //e2_ .
Assessor's Property Tax Parcel: 334510-0031-09 and 334210-3538-04 D 0 0 oS
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DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,
EASEMENTS & RESTRICTIONS OF BROOKRIDGE
Developer, as the owner in fee of real property legally described in Exhibit A attached to this
Declaration ("Property"), hereby covenants, agrees and declares that all of the Lots and Common
••,ea Areas within the boundaries of the Property and all houses, structures and other improvements
constructed on or within the Property are and will be held, sold and conveyed subject to this
Declaration, which is made for the purpose of enhancing and protecting the value, desirability and
attractiveness of the Property for the benefit of all of the Lots and their owners. The covenants,
restrictions, reservations and conditions contained in this Declaration shall run with the land as
easements and equitable servitudes, and shall be binding upon the Lots and each portion thereof and
all persons owning, purchasing, leasing, subleasing or occupying any Lot, and upon their respective
heirs, successors and assigns.
This Declaration and its exhibits consist of 27 pages, including these title pages.
DEVELOPER: CQ ENTERPRISES, INC.
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�ames D. Chapman, its President
Date: /VD✓ /¢ ,2002
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STATE OF WASHINGTON )
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COUNTY OF KING )
I certify that I know or have satisfactory evidence that James D. Chapman 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 the instrument and acknowledged it as the President of CQ
ENTERPRISES, INC., a corporation, to be the free and voluntary act of such corporation for the uses
and purposes mentioned in the instrument.
Dated this I L. 1 day of I JyYe 1 Pf' 2002.
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VY1A KI tb2-. h- heAn
:.4.0o r l i. (print or type name)
utr, '� :` ;1 Y • ' NOTARY PUBLIC in and for the State of
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_ r••" xWashington,residing at(j�
ezze (KIR OA
C=t ` . 2 - My C m ission expires:
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[Seal or Stamp]
TABLE OF CONTENTS
ARTICLE ONE: DEFINITIONS 1
ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND
ENFORCEMENT OF DECLARATION 2
Section 2.1: Development Period. 2
Section 2.2: Purpose of Development Period. 3
Section 2.3: Authority of Association After Development Period. 3
Section 2.4: Delegation of Authority. 3
ARTICLE THREE: MEMBERSHIP 3
ARTICLE FOUR: VOTING RIGHTS 3
ARTICLE FIVE: PROPERTY RIGHTS IN COMMON AREAS 3
ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES 4
Section 6.1: Standard of Maintenance—Common Areas 4
e'" Section 6.2: Standard of Maintenance—Lots and Planting Strips 4
a Section 6.3: Standard of Maintenance—Native Growth Protection Areas 4
a Section 6.4: Standard of Maintenance—Ten-Foot Buffer Easement at Top of Slope 4
c3 Section 6.5: Remedies for Failure to Maintain 4
Section 6.6: Common Expenses. 5
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ARTICLE SEVEN: ASSESSMENTS 6
Section 7.1: Types of Assessments 6
Section 7.2: Determination of Amount. 6
Section 7.3: Certificate of Payment. 6
Section 7.4: Special Assessments. 6
Section 7.5: Fines Treated as Special Assessments. 6
ARTICLE EIGHT: COLLECTION OF ASSESSMENTS 7
Section 8.1: Lien—Personal Obligation. 7
Section 8.2: Delinquency. 7
Section 8.3: Suspension of Voting Rights. 7
Section 8.4: Commencement of Assessments 7
Section 8.5: Enforcement of Assessments. 7
ARTICLE NINE: BUILDING USE AND
ARCHITECTURAL RESTRICTIONS 8
Section 9.1: Development Period. 8
Section 9.2: Authority of ACC After Development 8
Section 9.3: Delegation of Authority of ACC 8
Section 9.4: Appointment of ACC 8
Section 9.5: Approval by ACC Required. 8
Section 9.6. Temporary Structures Prohibited. 10
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Section 9.7: Nuisances. 10
Section 9.8: Limitation on Animals. 10
Section 9.9: Limitation on Signs 10
Section 9.10: Completion of Construction Projects 10
Section 9.11: Unsightly Conditions. 11
Section 9.12: Antennas, Satellite Reception. 11
Section 9.13: Setbacks. 11
Section 9.14: Roofs 11
Section 9.15: Minimum Size 11
Section 9.16: No Manufactured Housing 11
Section 9.17: Fences. Walls. 11
Section 9.18: Residential Use Only: Home Businesses Limited. 11
Section 9.19: Underground Utilities Required 12
Section 9.20: Parking of Vehicles 12
Section 9.21: [Intentionally Left Blank]. 13
Section 9.22: Enforcement 13
ARTICLE TEN: PRIVATE TRACTS AND EASEMENTS 13
Section 10.1: Tracts for Private Streets;Private Street on Public Utilities Easement 13
cm Section 10.2: Public Utilities Easement on Lot 2 13
Section 10.3: Private Storm Drainage Easement of Lots 2,3 and 4. 14
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Section 10.4: Buffer Easement. 14
Section 10.5: Easement for Encroachments 14
cr. Section 10.6: Easements in Exterior Lot Lines 14
Section 10.7: Association's Easement of Access 14
`r Section 10.8: Easement for Developer 14
, ARTICLE ELEVEN: MORTGAGE PROTECTION 15
o Section 11.1: Mortgagees 15
'a Section 11.2: Liability Limited. 15
Section 11.3: Mortgagee's Rights During Foreclosure 15
Section 11.4: Acquisition of Lot by Mortgagee 15
Section 11.5: Reallocation of Unpaid Assessment. 15
Section 11.6: Subordination 15
Section 11.7: Mortgagee's Rights 15
Section 11.8: Limitation on Abandonment of Common Areas 16
Section 11.9: Notice 16
ARTICLE TWELVE: MANAGEMENT CONTRACTS 16
ARTICLE THIRTEEN: INSURANCE. 16
Section 13.1: Coverage. 16
Section 13.2: Replacement,Repair After Loss. 17
ARTICLE FOURTEEN: RULES AND REGULATIONS 17
ARTICLE FIFTEEN: REMEDIES AND WAIVER 17
Section 15.1: Remedies Not Limited. 17
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Section 15.2: No Waiver 17
ARTICLE SIXTEEN: GENERAL PROVISIONS 18
Section 16.1: Singular and Plural 18
Section 16.2: Severability. 18
Section 16.3: Duration. 18
Section 16.4: Perpetuities 18
Section 16.5: Attorney's Fees, Costs and Expenses. 18
Section 16.6: Method of Notice. 18
Section 16.7: Enforcement of Declaration. 18
Section 16.8: Successors and Assigns. 18
Section 16.9: Exhibits. 19
ARTICLE SEVENTEEN: AMENDMENT AND REVOCATION 19
Section 17.1: Exclusive Method. 19
Section 17.2: Amendment by Developer. 19
Section 17.3: Voting. 19
Section 17.4: Effective Date. 20
Section 17.5: Protection of Developer. 20
EXHIBITS
4:=1. Exhibit A: Legal Description of Property A-1
Exhibit B: Description of Common Areas B-1
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DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,
EASEMENTS & RESTRICTIONS OF BROOKRIDGE
ARTICLE ONE
DEFINITIONS
For purposes of this Declaration, the Articles of Incorporation and Bylaws of the
Association, certain words and phrases have particular meanings,which are as follows:
1. "ACC" shall mean the Architectural Control Committee, as described in Section 9.4.
2. "Articles" shall mean the Association's Articles of Incorporation and any
amendments.
3. "Association" shall mean the homeowners association formed as a nonprofit
corporation for the purpose of administering this Declaration.
Lc,. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the
C=1'. Association.
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5. "Bylaws" shall mean the Association's Bylaws and any amendments.
6. "Common Areas" shall mean those portions of the Property in which the
.�—. Association and/or the Owners of the Lots have been granted, or hereafter will be granted, an
ownership interest or other right of control, by written instrument. The Common Areas
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car established as of the date hereof are depicted on Exhibit B attached hereto.
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7. "Common Expenses"are defined in Section 6.6.
8. "Declaration" shall mean this Declaration of Protective Covenants, Conditions,
Easements&Restrictions.
9. "Developer" shall mean CQ Enterprises, Inc., or any persons or entities to which it
assigns its rights as Developer, or succeeds to its interest.
10. "Development Period" shall mean the period of time from the date of recording of
this Declaration until 180 days after the date upon which 100%of the Lots have been sold by
the Developer or any shorter period, as determined by the Developer. A partial delegation of
authority by the Developer of any of the management duties described in this Declaration
shall not terminate the Development Period.
11. "Lot" shall mean any legal lot upon which a Residence may be constructed, created
from time to time by a legal subdivision of any portion of the Property, boundary line
adjustment or otherwise, but excluding all Tracts and those roads, streets and other land or
improvements within the Property that are dedicated to the public.
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12. "Member" shall mean every person or entity that holds a membership in the
Association.
13. "Mortgage" shall mean any first lien mortgage or first lien deed of trust deed
encumbering a Lot and given for the purpose of funding the construction, purchase and/or
improvement of a Residence and/or a Lot.
14. "Mortgagee" shall mean a bank or savings and loan association or established
mortgage company, or other entity chartered under federal or state laws, any corporation or
insurance company or state or federal agency which holds a Mortgage.
15. "NGPA" shall mean Native Growth Protection Area.
16. "Owner" shall mean the recorded owner of a Lot, whether one or more persons or
entities, but excluding those having such interest merely as security. A real estate contract
purchaser shall be deemed the Owner.
17. "Person" shall mean a natural person, a corporation, a partnership, trustee or other
cm legal entity.
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ea. 18. "Property" shall mean that certain land legally described on Exhibit A attached
hereto and such additions thereto as hereafter may be subjected to the terms of this
CNE Declaration.
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•— 19. "Residence" shall mean the house or other principal residential building located on a
s— Lot.
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20. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred
from an Owner to another person or entity by recordation of an instrument or transfer such
as a deed or real estate contract.
21. "Structure"shall mean any Residence,building, fence,wall, driveway,patio, garage,
storage shed, carport, mailbox, swimming pool, barbecue pit, rockery, dog run or any other
structure or improvement of comparable scope or scale to any of the foregoing.
ARTICLE TWO
MANAGEMENT OF COMMON AREAS AND
ENFORCEMENT OF DECLARATION
Section 2.1: Development Period. During the Development Period, the Association, the
Architectural Control Committee (ACC), and all Common Areas shall, for all purposes, be
under the management and administration of the Developer. During the Development
Period, the Developer shall appoint the three directors of the Association, and may appoint
any persons the Developer chooses as directors. At the Developer's sole discretion, the
Developer may appoint Members to such committees or positions in the Association as the
Developer deems appropriate, to serve at the Developer's discretion and may assign such
responsibilities, privileges and duties to the Members as the Developer determines, for such
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time as the Developer determines. Members appointed by the Developer during the
Development Period may be dismissed at the Developer's discretion.
Section 2.2: Purpose of Development Period. The Developer's control of the Association
during the Development Period is established in order to ensure that the Property and the
Association will be adequately administered in the initial phases of development, to ensure
an orderly transition of Association operations, and to facilitate the sale of Lots to
homebuilders for the completion of construction of Residences.
Section 2.3: Authority of Association After Development Period. At the expiration of
Developer's management authority, the Association shall have the authority and obligation
to manage and administer the Common Areas and to enforce this Declaration. Such
authority shall include all authority provided for in the Association's Articles, Bylaws, rules
and regulations and this Declaration. The Association shall also have the authority and
obligation to manage and administer the activities of the ACC in its responsibilities as
described in Article Nine below.
Section 2.4: Delegation of Authority. The Board of Directors or the Developer may
4w^A delegate any of its managerial duties, powers, or functions to any person, firm, or
uc* corporation. The Board and the Developer shall not be liable for any breach of duty,
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x negligence, omission, intentional act or improper exercise by a person who is delegated any
duty, power or function by the Board of Directors or the Developer.
ARTICLE THREE
MEMBERSHIP
Every person or entity who is an Owner agrees to be a Member of the Association by
. acceptance of a deed for its Lot. Membership may not be separated from ownership of any
Lot. All Members shall have rights and duties as specified in this Declaration, and in the
Articles and Bylaws.
ARTICLE FOUR
VOTING RIGHTS
Members shall be entitled to one vote for each Lot owned by it. No more than one vote may
be cast with respect to any Lot. The voting rights of any Member may be suspended as
provided in the Declaration, or the Articles or Bylaws. Members' votes may be solicited and
tabulated by mail, electronic mail or facsimile.
ARTICLE FIVE
PROPERTY RIGHTS IN COMMON AREAS
The Association shall have the right and obligation to maintain improvements, vegetation,
signage and utilities in and on the Common Areas and the buffer easement referred to in
Section 6.4, except where such maintenance is the responsibility of a Lot Owner as set forth
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in this Declaration. The Association shall have the exclusive right to use and manage the
Common Areas in a manner consistent with this Declaration,the Articles and the Bylaws.
ARTICLE SIX
MAINTENANCE AND COMMON EXPENSES
Section 6.1: Standard of Maintenance — Common Areas. The Common Areas shall be
maintained by the Association in a manner consistent with good building, construction,
repair and landscaping practices and in compliance with all applicable codes and regulations.
Section 6.2: Standard of Maintenance — Lots and Planting Strips. Each Owner hereby
covenants and agrees to maintain its respective Lot, the Structures located on its Lot and any
strip of land located between the paved street or sidewalk adjacent to Owner's Lot in the
same condition as a reasonably prudent homeowner would maintain such person's own
home and property so that the Lot and the Structures located thereon will reflect a high pride
of ownership. Each Owner shall perform at its expense the maintenance and upkeep of any
drainage swales and/or underground drain lines and catch basins installed on its Lot, except
for those drainage facilities that are expressly the responsibility of the Association as set
i°'' forth in this Declaration.
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Section 6.3: Standard of Maintenance—Native Growth Protection Areas. The Association
C.41 is responsible for the care of Tract D and Tract E. Tract D and Tract E are the timbered,
steeply-sloped, environmentally sensitive portions of the Property designated as a Native
cx Growth Protection Area (NGPA). The NGPA is subject to governmental controls and
restrictions that require the Association to maintain, preserve, and protect the wildlife and
CN,, habitat areas therein. No hunting, cutting of trees, or disposal of debris are permitted within
the NGPA, except that the Association may take remedial and preventive measures
•- necessary to maintain the stormwater outfall line that traverses Tract E and remove any trees
that are deemed by the City of Renton to be a danger to Owners or to the public.
Section 6.4: Standard of Maintenance—Ten-Foot Buffer Easement at Top of Slope. A ten-
foot wide buffer easement has been granted to the Association upon and along the rear of
Lots 2 through 14. The Owner of each of these Lots hereby covenants and agrees to maintain
that portion of the easement that lies within the respective Owner's lot free and clear of trash
or debris and to abide by the restrictions set forth herein. No clearing or grading shall occur
within the easement, except that, to the extent permitted in writing by the City of Renton,
native vegetation may be removed and replaced with soil stabilizing plants. No construction
of structures such as fences or sheds shall be permitted within the easement without the prior
written approval of the City of Renton. Representatives of the Association when authorized
by the Board of Directors shall have the right to enter upon the easement area to inspect the
condition of the ten-foot wide buffer and to ascertain if maintenance or restoration measures
are required in order for the Owner to remain in compliance with this Section 6.4.
Section 6.5: Remedies for Failure to Maintain. If any Owner shall fail to maintain its Lot or
the Structures located thereon in accordance with the requirements of Section 6.2 and
Section 6.4 above, the Association may notify the Owner in writing of the maintenance
required. If the maintenance is not performed by the Owner within thirty (30) days of the
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date notice is delivered, the Association shall have the right to enter upon the Lot to provide
such maintenance, and to levy an assessment against the non-performing Owner and its Lot
for the cost of providing the maintenance. The assessment shall constitute a lien against the
Lot owned by the non-performing Owner and may be collected and foreclosed in the same
manner as any other delinquent monthly or special assessment. The Association shall have
all remedies for collection as provided in Article Eight below. In the event that emergency
repairs are needed to correct a condition on a Lot which poses a substantial risk of injury or
significant property damage to others, the Association may immediately perform such
repairs as may be necessary after the Association has attempted to give notice to the Owner
of the Lot where the repairs are necessary. Such notice in emergency circumstances shall be
sufficient if attempted orally or in writing immediately prior to the Association's
undertaking the necessary repairs. Emergency repairs performed by the Association, if not
paid for by the Owner, may be collected by the Association in the manner provided for
herein notwithstanding the failure of the Association to give the Owner the thirty (30) day
notice.
Section 6.6: Common Expenses. The Association shall perform such work as is necessary
to carry out the duties and obligations described in this Declaration, and shall delegate the
responsibility for management and supervision of such work to the Board, the ACC or to a
manager or agent hired by the Board for the purpose of such management and supervision.
Expenses for such work shall be paid by the Association for the benefit of all Owners and
shall be referred to as "Common Expenses." The Common Expenses shall be paid by the
o Association from funds collected from assessments paid by Owners. The Common
`" Expenses shall include,but shall not be limited to,the following:
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a. The real property taxes levied upon the Association for the Common Areas;
C`''' b. The cost of maintaining all required insurance coverage and fidelity bonds
on any Common Areas, and for directors and officers of the Association and
the ACC;
c. The cost of maintaining, repairing and replacing all Common Area
improvements, including, but not limited to, drainage facilities, access
roads, signs, lights, fences, walls, street signs, open space tracts, plantings
and landscaping (if not maintained by applicable governmental
jurisdictions);
d. The cost of maintaining the storm drain lines within Tract A, Tract B, Tract
C, and the Public Utilities Easement on Lot 2, the detention vault on Tract
A, the stormwater outfall line across Tract E to May Creek, and the part of
the storm drainage system that lies on King County Parks property lying
between the south line of Tract E and NE 31st Street;
e. The cost of operating and maintaining the drainage lines in the Private
Storm Drainage Easement located on Lots 2, 3 and 4;
f. The cost of operating and maintaining street lighting for the Property in the
event the City of Renton has not assumed responsibility.;
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g. Any other expense which shall be designated as a Common Expense in this
Declaration or from time to time by the Association.
ARTICLE SEVEN
ASSESSMENTS
Section 7.1: Types of Assessments. Each Lot shall be subject to monthly or annual
assessments or charges, and certain special assessments, in an amount to be determined by
the Association.
Section 7.2: Determination of Amount. The Board of Directors of the Association shall
determine the amount of assessments necessary to pay Common Expenses. The amount of
assessments may be increased or decreased periodically as may be necessary to provide for
payment of the Common Expenses. The amount of such assessments shall be equal for all
Lots. There shall be no assessment for Lots owned by Developer, without the consent of the
Developer. The Association may create and maintain from assessments a reserve fund for
replacement of those Common Area improvements that can reasonably be expected to
require maintenance or replacement. Written notice of all assessments shall be given to each
Owner. If the Board fails to fix an assessment for a fiscal year, the assessment shall be
automatically continued at the sum previously set by the Board until such time as the Board
urr, acts.
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Section 7.3: Certificate of Payment. The Association shall, upon written demand, furnish a
certificate in writing setting forth whether the assessment on a specified Lot has been paid.
A reasonable charge may be made for the issuance of the certificate. Such certificate shall
car be conclusive evidence of payment of any assessment stated to have been paid.
Section 7.4: Special Assessments. In addition to the assessments authorized above, the
o` Association, by its Board of Directors may levy, in any year, a special assessment applicable
to that year only for the purpose of defraying the cost of any construction or reconstruction
and unexpected repair or replacement of facilities in the Common Areas. The Association
may, at any time so designated by the Board of Directors, levy a special assessment against
all Lot Owners to cover the Association's unreimbursed costs of providing repairs and/or
maintenance that are the responsibility of an individual Lot Owner or group of Lot Owners
pursuant to the provisions of Section 6.2 and Section 6.4 herein above. However, the
Developer shall not be obligated to pay any special assessments on Lots owned by the
Developer. Assessments may be made based upon the estimated cost of such work, prior to
the work's commencement, provided such estimate has been provided by a contractor
retained by the Board for the purpose of such estimate. All special assessments for
construction of new facilities or acquisition of new equipment, which is not for the upgrade,
repair or replacement of existing construction or equipment, shall require approval of sixty-
seven percent(67%)of the Members.
Section 7.5: Fines Treated as Special Assessments. Any fines levied by the Association
pursuant to RCW Chapter 64.38 (or successor statute authorizing the imposition of fines)
shall be treated as a special assessment of the Owner fined, and may be collected by the
Association in the manner described in Article Eight below.
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ARTICLE EIGHT
COLLECTION OF ASSESSMENTS
Section 8.1: Lien—Personal Obligation. All assessments,together with interest and the cost
of collection, shall be a continuing lien upon the Lot against which each such assessment is
made. The lien shall have all the incidents of a mortgage on real property. Each such
assessment, together with interest, costs and reasonable attorney's fees, shall also be the
personal obligation of the person who was the Owner of the Lot at the time the assessment
was due. No Owner may waive or otherwise avoid liability for assessments by non-use of
the Common Areas or abandonment of the Lot.
Section 8.2: Delinquency. If any assessment is not paid within thirty(30) days after its due
date, the assessment shall bear interest from said date at twelve percent (12%), or, in the
event that twelve percent (12%) exceeds the maximum of interest that can be charged by
law, then the highest permissible rate as provided for by the law. A late charge of five
percent (5%) of the amount overdue shall be charged for any payment more than ten (10)
days past due. Each Owner hereby expressly grants to the Association or its agents, thecrt- authority to bring all actions against each Owner personally for the collection of such
assessments as a debt and to enforce lien rights of the Association by all methods for the
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enforcement of such liens, including foreclosure by an action brought in the name of the
4=3 Association in a like manner as a mortgage of real property, and such Owner hereby
expressly grants to the Association the power of sale in connection with such liens. The
liens provided for in this section shall be in favor of the Association, and shall be for the
•-- benefit of the Association. The Association shall have the power to bid at a foreclosure sale
and to acquire,hold, lease,mortgage and convey any Lot obtained by the Association.
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Section 8.3: Suspension of Voting Rights. In the event any Owner shall be in arrears in the
payment of the assessments due or shall be in default of the performance of any of the terms
of the Articles and Bylaws of the Association, the rules or regulations adopted by the
Association, or the Declaration for a period of thirty(30) days,the Owner's right to vote as a
Member shall be suspended and shall remain suspended until all payments are brought
current and all defaults remedied. In addition, the Association shall have such other
remedies against such delinquent Owners as may be provided in the Articles, Bylaws or this
Declaration.
Section 8.4: Commencement of Assessments. The assessments may commence as to each
Lot(except Lots owned by the Developer) upon the initial conveyance of the Lot. The first
assessment on any Lot shall be adjusted according to the number of days remaining in the
month. At the time of each initial sale, the Developer may collect from each Purchaser an
amount equal to one year's assessment for the Association,to be placed in the Association's
account. Any interest earned by the Association on assessments held by it shall be to the
benefit of the Association.
Section 8.5: Enforcement of Assessments. The Board may take such action as is necessary,
including the institution of legal proceedings,to enforce the provisions of this Article. In the
event the Board begins an action to enforce any such rights, the prevailing party shall be
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entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement
action as provided in Section 16.5.
ARTICLE NINE
BUILDING USE AND ARCHITECTURAL RESTRICTIONS
Section 9.1: Development Period. The Developer hereby reserves the right to exercise any
and all powers and controls herein given to the Board of Directors,the ACC or its authorized
representative in this Article of the Declaration, during the Development Period. This
reserved right shall automatically terminate at the end of the Development Period, or when
the reserved right is relinquished to the Board of Directors or the ACC of the Association.
Section 9.2: Authority of ACC After Development. At the expiration of the Developer's
management authority, the ACC shall have the authority and obligation to manage and
administer the review of building plans, specifications and plot plans and such other
submissions as described in Section Five herein, and to enforce these covenants, conditions
and restrictions. Such authority shall include all authority provided for the ACC in the
Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all the
authority granted to the ACC by this Declaration.
Section 9.3: Delegation of Authority of ACC. The ACC or the Developer may delegate any
A• of its duties, powers, or functions described in this Article to any person, firm, or
corporation.
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Section 9.4: Appointment of ACC. There shall be three members of the ACC, chosen in the
manner described in the Articles and Bylaws. At least two of the three members of the ACC
shall also be on the Board of Directors. The Board shall appoint the members of the ACC.
cv, If the Board fails to appoint the members of the ACC,or the members of the ACC resign and
no replacements assume the office, the Board shall act as the ACC until members of the
ACC are appointed and take office.
Section 9.5: Approval by ACC Required. Except as to construction, alteration, or
improvements performed by the Developer, no construction activity of any type including
clearing and grading, cutting or transplanting of significant natural vegetation may begin on
a Lot or Common Area and no Structure shall be erected, placed or altered on any Lot or
Common Area until, at a minimum, the building plans, specifications, plot plans, and
landscape plan showing the nature, kind, shape, height, materials, exterior color and location
of such Structure have been submitted and approved in writing by the ACC or its authorized
representative as to harmony of exterior design and location in relation to and its effect upon
surrounding structures and topography. Further, no fences, hedges or walls shall be erected
or altered and no significant exterior changes shall be made to any Structure including, but
not limited to, exterior color changes, additions or alterations until such written approval
shall have been obtained. The following provisions apply with respect to obtaining the
approval of the ACC:
a. Time Limits. If the ACC or its authorized representative shall fail to notify
the Owner of its action for a period of thirty(30) days following the date of
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the submission of the required information to the ACC, or its authorized
representative, the Owner may proceed with the proposed work
notwithstanding the lack of written approval by the ACC or its authorized
representative. The required information shall be considered submitted to
the ACC upon personal delivery of a complete set of all required
information to the person designated to receive such items by the ACC, or
by mail three days after deposit in the U.S. Mail, postage prepaid, certified,
return receipt requested, to the ACC in care of the Board of Directors of the
Association at the address designated in the most recent notice of
assessment issued by the Board, or at such other address as is designated by
the Board by written notice to the Owners.
b. Guidelines. The ACC may adopt and amend, subject to approval by the
Board, written guidelines to be applied in its review of plans and
specifications, in order to further the intent and purpose of this Declaration
and any other covenants or restrictions covering the Property. If such
guidelines are adopted, they shall be available to all interested parties upon
request.
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c. Meetings. The ACC shall meet as is necessary to review any plans or
ar specifications provided pursuant to this Section, and shall keep and maintain
a record of all actions taken at meetings or otherwise.
d. No Waiver. Approval by the ACC of any plans, drawings or specifications
(NI shall not be a waiver of the right to withhold approval of any similar plan,
drawing, specification or matter submitted for approval.
e. Consultation. The ACC may retain and consult persons or entities to assist
in the evaluation of plans submitted to the ACC for review.
f. Appeals. After the Development Period, the Board shall serve as an
appellate panel to review decisions of the ACC upon request of a party
aggrieved by the ACC's decision. The Board shall provide, through rules
and regulations, a procedure by which decisions of the ACC may be
appealed to the Board. The Board may choose, in its discretion, to limit the
scope of such appeals and provide time limitations for appeals to be made to
the Board.
g. Enforcement. The ACC may recommend and request that the Board initiate
legal proceedings to enforce the terms of these covenants or orders of the
ACC. Legal proceedings may only be instituted, however, after approval of
the Board.
h. No Liability. The ACC, its agents and consultants shall not be liable to the
Association, to any Owner or to any other person for any damage, loss or
prejudice resulting from any action or failure to act on a matter submitted to
the ACC for determination, or for failure of the ACC to approve any matter
submitted to the ACC. The ACC shall not be liable for any damage, loss or
9
prejudice resulting from any action by a person who is delegated a duty,
power or function by the ACC.
i. Fees. The ACC may charge a fee for the review of any matter submitted to
it. Any fee schedule adopted by the ACC must be approved by the Board.
Section 9.6: Temporary Structures Prohibited. No basement, tent, shack, garage, barn or
other outbuilding or buildings or any other Structure of a temporary or moveable character
erected or placed on a Lot shall at any time be used as living quarters except as specifically
authorized by the ACC.
Section 9.7: Nuisances. No noxious or undesirable thing, activity or use of any Lot shall be
permitted or maintained. If the ACC shall determine that a thing, activity or use of a Lot is
undesirable or noxious, such determination shall be conclusive. The ACC may recommend
and the Board may direct that steps be taken as is reasonably necessary, including the
institution of legal action or the imposition of fines in the manner authorized by RCW
Chapter 64.38,to abate any activity,remove anything or terminate any use of property which
is determined by the ACC or described in this Declaration to constitute a nuisance.
Section 9.8: Limitation on Animals. No animal, livestock or poultry of any kind shall be
cair raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not
Uri
kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers
or under conditions reasonably objectionable in a residential community. Animals shall not
be allowed to roam loose outside the limits of any Lot on which they are kept. Any dogs
cv must be kept so as to minimize excessive noise from barking or otherwise shall be
considered a nuisance according to the terms of this Declaration.
Section 9.9: Limitation on Signs. No sign of any kind shall be displayed to public view on
(NI any Lot, except one sign, not to exceed 24 inches x 24 inches, advertising the Lot (where
posted) for sale or rent by the Owner, or the Owner's agent. In addition to other rights
reserved to the Developer in the Declaration,the Developer hereby reserves for itself so long
as it owns any Lot,the right to maintain upon the Property such signs as in the opinion of the
Developer are required, convenient or incidental to the merchandising and sale of the Lots.
All other signs except as described above shall only be displayed to public view after written
approval of the ACC, its authorized representative, or the Developer.
Section 9.10: Completion of Construction Projects. The work of construction of all
Structures shall be pursued diligently and continuously from commencement of construction
until the Structures are fully completed and painted. All Structures shall be completed as to
external appearance, including finish painting, within eight months of the date of
commencement of construction, except such construction as is performed by the Developer,
which shall be exempt from the limitations contained in this Section. Front yard landscaping
must be completed within 90 days of completion of a Residence, and rear yard landscaping
must be completed within two years of completion of a Residence. Except with the approval
of the ACC, no person shall reside on any Lot until such time as the Residence to be erected
thereon in accordance with the plans and specifications approved by the ACC have been
completed.
10
Section 9.11: Unsightly Conditions. No unsightly conditions shall be permitted to exist on
any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed
in view for drying, litter, trash, junk or other debris, inappropriate, broken or damaged
furniture or plants, nondecorative gear, equipment, cans, bottles, ladders, trash barrels and
other such items. No awnings, air conditioning units, heat pumps or other projections shall
be placed on the exterior walls of any Residence or other Structure unless prior written
approval shall have been obtained from the ACC.
Section 9.12: Antennas, Satellite Reception. Satellite dishes of no more than one meter in
diameter or diagonal measurement are permitted on the Lots if the ACC approves the
location of the satellite dish in the manner described in Section 9.5. Except as provided
above, no radio or television antenna or transmitting tower or satellite dish shall be erected
on the exterior of any home without approval of the ACC obtained pursuant to Section 9.5,
and a showing by the Owner that such installation will be substantially shielded from view
of the residents traveling upon streets located on the Property.
Section 9.13: Setbacks. No Residence or other building shall be located on any Lot nearer
to the front lot line or nearer to the side street than the minimum building setback lines
adopted by the governmental authority with jurisdiction over the Property.
can:
iarr
c=et Section 9.14: Roofs. Roofs on all buildings must be finished with materials approved for
use by the ACC or its authorized representatives. More than one type of material may be
oapproved.
I. Section 9.15: Minimum Size. The floor area of any Residence exclusive of any open
porches and garages shall not be less than 2,500 square feet.
ca
Section 9.16: No Manufactured Housing. Manufactured housing is expressly prohibited.
•C".` Section 9.17: Fences. Walls. In order to preserve the aesthetics of the Property, no fence,
wall or hedge shall be erected or placed on any Lot unless prior written approval has been
obtained from the ACC. Unless otherwise permitted by ACC in its sole discretion, fences
shall not be installed in front of Residences. Fences installed along the sides of a Lot shall be
recessed at least ten (10) feet behind the principal front facade of the Residence on such Lot.
Any fence of any size constructed on the Property, whether visible to the other Lots or not,
must be constructed and painted (or stained, if applicable) in accordance with the
Association guidelines for design and color. The initial color specified for fences shall be
"natural". Any fence constructed which fails to conform to the guidelines shall be removed
by the Owner, or modified to conform to the guidelines. The Board or the ACC may change
these guidelines from time to time, and, upon adoption of a change in the fence guidelines,
this Article Nine shall be deemed to have been amended to conform to the new guidelines as
adopted.
Section 9.18: Residential Use Only: Home Businesses Limited. Except for Developer's
temporary sales offices and model homes, no Lot shall be used for other than one detached
single-family dwelling with driveway parking for not more than three cars. A trade, craft
business, commercial or business or commercial activity ("Home Business") may be
conducted or carried on within any building located on a Lot, provided that any goods,
11
materials or supplies used in connection with any trade, service or business, wherever the
same may be conducted, be kept or stored inside any building on any Lot and that they not
be visible from the exterior of the home; nor shall any goods, used for private purposes and
not for trade or business be kept or stored outside any building on any Lot. The provisions
of this Section shall permit such Home Businesses to the extent permitted by applicable
zoning laws and other government laws, regulations, rules and ordinances. Nothing in this
Section shall permit(1)the use of a Lot for a purpose which violates law, regulations, rules
or applicable zoning codes, or(2) Home Business activities that cause a significant increase
in neighborhood traffic, or (3) modification of the exterior of the home. The Association
may, from time to time, promulgate rules restricting the activities of Home Businesses
located on the Lots pursuant to the authority granted to the Association under this
Declaration,the Bylaws, and RCW Chapter 64.38.
Section 9.19: Underground Utilities Required. Except for any facilities or equipment
provided by the Developer or any authorized utility agency, all electrical service, telephone
lines and other outdoor utility lines shall be placed underground.
Section 9.20: Parking of Vehicles. Except as hereinafter expressly provided, the Lots,
Common Areas and/or streets located within the Property shall not be used for the storage
and/or overnight parking of any vehicle, and each Owner shall use the garage constructed on
L"*, its Lots for the parking and storage of its vehicles. Boats, boat trailers, house trailers,
�` campers, trucks, trucks with a camper, or other recreational vehicles or similar object may
c=, not be stored and/or parked overnight on any part of the Lots, Common Areas and/or streets
csx located within the Property, except as specified herein. No inoperable vehicles of any kind
shall be parked, stored,maintained, or constructed on any of the Lots, Common Areas and/or
C•4. streets located within the Property unless stored in a garage. Notwithstanding the foregoing,
a. One private family automobile, truck, motorcycle or commercial vehicle
cx, operated by a person residing at the Lot (provided that such commercial
-c"..) vehicle contains a single rear axle)may be parked on the driveway or on the
street for up to 72 hours at a time.
b. Private automobiles, trucks, motorcycles and commercial vehicles operated
by guests or visitors of an Owner may be parked on the driveway or on the
street for up to 72 hours at a time.
c. An Owner that stores a recreational vehicle off-site may park the vehicle on
the driveway, other unscreened area or on the street for no more than 48
hours for the purpose of preparing for departure or upon return, to facilitate
preparation and return from travel; and
d. Owners who have guests visiting them intending to stay in a camper, trailer,
or other form of recreational vehicle, may secure written permission from
the ACC for guests to park a vehicle upon the Lot or the public street
adjacent to a Lot for a period of up to 72 hours, and not to exceed two weeks
in any calendar year. The privilege shall only exist, however, after the
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written permission has been obtained from the ACC or its authorized
representative.
Section 9.21: Intentionally Left Blank.
Section 9.22: Enforcement. The Association, or the Developer during the Development
Period, may, but is not required to, take any action to enforce the provisions of the
Declaration available to it under law, including but not limited to imposition of fines as
authorized by RCW Chapter 64.38, specific performance, injunctive relief, and damages.
Any Member may also enforce the terms of this Article(although a Member may not impose
a fine as authorized by RCW Chapter 64.38), but the member must first obtain an order from
a court of competent jurisdiction entitling the Member to relief In the event that a Member
takes action to enforce the terms of this Article, the Association shall not be in any way
obligated to join in such action, or pay any of the attorney's fees, costs and expenses
incurred in such action.
ARTICLE TEN
PRIVATE TRACTS AND EASEMENTS
uc1
czz, Section 10.1: Tracts for Private Streets; Private Street on Public Utilities Easement. The
c4 ownership of Tract B is vested in the Owners of Lots 2, 3, 4 and 5. Tract C is vested in the
0
c•,r. Owners of Lots 12, 13, 14, and 15. The paved roadway and curbs constructed by the
Developer within Tract B and Tract C and the Public Utilities Easement on Lot 2 are the
responsibility of the owners of these tracts. The costs of maintenance, repair, and general
upkeep of said roadways and curbs in a) Tract B and the Public Utilities Easement, and b)
cv Tract C shall be borne equally by the respective Owners. In the event the roadways and
o curbs are not properly maintained and cared for, both the City of Renton and the Association
(-4 are granted the right to conduct remedial measures to maintain or repair any deficiencies and
charge the costs of such measures to the Tract Owners. The remedies for collection of any
unpaid charges shall apply as provided in Article Eight of this Declaration. Tract B and Tract
C are subject to sanitary sewer and water easements in addition to the rights of the
Association, the City of Renton, and utility companies to enter upon the tracts to operate,
maintain and repair those underground utilities providing service to the subdivision and to
the Lots. Tract B is designated as a non-exclusive easement to the Association, the City of
Renton and the Coal Creek Utility District to provide ingress and egress to and from Tract A.
Section 10.2: Public Utilities Easement on Lot 2. Lot 2 is subject to the Public Utilities
Easement as delineated on the Plat of Brookridge recorded in the Office of the County
Auditor, King County, Washington. The Public Utilities Easement is granted to the
Brookridge Homeowners' Association, the authorized purveyors of public utility services to
the Lots and Tracts, and to their respective successors and assigns, for the purpose of
operating, maintaining and repairing storm drain lines and underground utility facilities. The
Easement is designated as a non-exclusive easement to the Association, said purveyors of
public utility services, the City of Renton and the Coal Creek Utility District to provide
ingress and egress to and from Tract A.
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Section 10.3: Private Storm Drainage Easement on Lots 2, 3 and 4. Lots 2, 3 and 4 are
subject to the Private Storm Drainage Easement as delineated on the Plat of Brookridge
recorded in the Office of the County Auditor, King County, Washington. The Easement is
granted to the Association for the purpose of operating, maintaining and repairing the drain
lines located within the Easement. The City of Renton has the right to enter upon the
Easement to observe and inspect the drainage lines to determine if said lines are properly
maintained and cared for by the Association. In the event that the Association is negligent in
its responsibility, the City may conduct remedial measures to maintain or repair any
deficiencies and charge the costs of such measures to the Association.
Section 10.4: Buffer Easement. The ten-foot wide Buffer Easement on the rear of Lots 2
— 14 as delineated on the Plat of Brookridge recorded in the Office of the County Auditor,
King County, Washington, is granted to the Homeowners' Association. Article Six, Section
6.4, in this Declaration sets forth the restrictions imposed by the easement and the
responsibility for maintenance.
Section 10.5: Easement for Encroachments. Each Lot is, and the Common Areas are,
subject to an easement for encroachments created by construction settlement and overhangs
as designed or constructed by the Developer, and to a valid easement for encroachments and
idrt for maintenance of the same as long as the improvements remain.
C=V
Section 10.6: Easements on Exterior Lot Lines. In addition to easements shown by other
c'' instruments of record, easements for utilities and drainage are reserved for the Developer�..�, or g P
its assigns, over a five-foot wide strip along each side of the interior Lot lines, and seven feet
over the rear and front of each Lot, and over, under, and upon the Common Areas. Within
all of the easements, no structure, planting or fill material shall be placed or permitted to
remain which may, in the opinion of the Board or ACC, damage or interfere with the
•__ installation and maintenance of utilities, or which may obstruct or retard the flow of water
civ through drainage channels and the easements. The easement area of each Lot and all
improvements within it shall be maintained continuously by the Owner of such Lot, except
those improvements for which a public authority, utility company or the Association is
responsible.
Section 10.7: Association's Easement of Access. The Association,the ACC, and its agents
shall have an easement for access to each Lot and to the exterior of any building located
thereon during reasonable hours as may be necessary for the following purposes: (a)
cleaning, maintenance, or repair of any home or Lot as provided in Article Six of this
Declaration; (b) repair, replacement or improvement of any Common Area accessible from
that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to
another Lot, or to the improvements thereon; (d)cleaning, maintenance, repair or restoration
work which the Owner is required to do but has failed or refused to do: and (e) all acts
necessary to enforce this Declaration.
Section 10.8: Easement for Developer. Developer shall have an easement across all
Common Areas for ingress, egress, storage and placement of equipment and materials, and
other actions necessary or related to the development or maintenance of the Property.
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ARTICLE ELEVEN
MORTGAGE PROTECTION
Section 11.1: Mortgagees. Notwithstanding and prevailing over any other provisions of this
Declaration,the Articles or Bylaws, or any rules,regulations or management agreements,the
provisions of this Article Eleven shall apply to and benefit each Mortgagee.
Section 11.2: Liability Limited. The Mortgagee entitled to the protection hereof shall not in
any case or manner be personally liable for the payment of any assessment or charge,nor for
the observance or performance of any covenant, restriction, regulation, rule, Article or
Bylaw, or management agreement, except for those matters which are enforceable by
injunctive or other equitable relief, not requiring the payment of money, except as
hereinafter provided.
Section 11.3: Mortgagee's Rights During Foreclosure. During the pendency of any
proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise
any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not
limited to the right to vote on Association matters as a Member to the exclusion of the
Owner's exercise of such rights and privileges.
max: Section 11.4: Acquisition of Lot by Mortgagee. At such time as the Mortgagee shall
become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms
az
and conditions of this Declaration, and the Articles, Bylaws, rules and regulations of the
- I Association, including but not limited to the obligation to pay for all assessments and
civ., charges accruing thereafter, in the same manner as any Owner; provided, however, the
Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or
arising out of any provisions of this Declaration which secure the payment of any assessment
for charges accruedprior to the date the Mortgagee became entitled to possession of the Lot.
g
Section 11.5: Reallocation of Unpaid Assessment. If it is deemed necessary by the
Association, any unpaid assessment against a Lot foreclosed against may be treated as a
common expense of other Lots. Any such unpaid assessment shall continue to exist as a
personal obligation of the defaulting Owner of the respective Lot to the Association.
Section 11.6: Subordination. The liens for assessments provided for in this instrument shall
be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot
and/or any Residences or other structures on such Lot as a construction loan security interest
or as a purchase price security interest, and the Association will, upon demand, execute a
written subordination document to confirm the particular superior security interest.
Section 11.7: Mortgagee's Rights. Any Mortgagee shall have the right on request therefor
to: (a) inspect the books and records of the Association during normal business hours; (b)
receive an annual audited financial statement of the Association within ninety (90) days
following the end of any fiscal year; and (c) receive written notice of all meetings of the
Association and designate a representative to attend all such meetings.
15
Section 11.8: Limitation on Abandonment of Common Areas. The Association shall not,
without prior written approval of sixty-seven percent (67%) of the Mortgagees, seek to
abandon the Common Areas for reasons other than substantial destruction or condemnation
of such Common Areas.
Section 11.9: Notice. If such notice has been requested in writing, Mortgagees shall be
entitled to timely written notice of: (a) substantial damage or destruction of any Residence
subject to its Mortgage or of any part of the Common Areas or facilities; (b) any
condemnation or eminent domain proceedings involving a Lot subject to its Mortgage or any
portion of Common Areas or facilities; (c) any default under this Declaration or the Articles,
Bylaws or rules and regulations of the Association by the Owner of a Lot subject to its
Mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in
the payment of assessments or charges owned by the Owner of any Lot subject to its
Mortgage, (e) ten (10) days' prior written notice of any lapse, cancellation or material
modification of any insurance policy or fidelity bond maintained by the Association; and (f)
any proposed action that requires the consent of a specific percentage of Mortgagees.
ARTICLE TWELVE
MANAGEMENT CONTRACTS
1.411.
ter:
Each Member hereby agrees that the Association and the ACC may enter into agreements
car for the performance of any or all of the functions of the Association and the ACC with such
persons or entities as the Association deems appropriate; however, any agreement for
professional management of the Common Areas or Property, or any other contract providing
for services by the Developer must provide for termination by either party without cause
�-- after reasonable notice.
CZr ARTICLE THIRTEEN
C".4
INSURANCE
Section 13.1: Coverage. The Association may purchase as a Common Expense and shall
have authority to and may obtain insurance for the Common Areas against loss or damage by
fire or other hazards in an amount sufficient to cover the full replacement value in the event
of damage or destruction. It may also obtain a comprehensive public liability policy
covering the Common Areas. The comprehensive public liability coverage shall be in an
amount to be determined by the Association. It may also obtain insurance to cover the
Board, the ACC, its agents and employees from any action brought against them arising out
of actions taken in furtherance of the Association's duties under this Declaration.
Following the Development Period, all such insurance coverage shall be written in the name
of the Association as trustee for each of the Members of the Association. The Association
shall review the adequacy of the Association's insurance coverage at least annually. All
policies shall include a standard mortgagee's clause and shall provide that they may not be
canceled or substantially modified (including cancellation for nonpayment of premium)
without at least ten (10) days prior written notice to any and all insured named therein,
including Owners and Mortgagees that have requested notice.
16
Section 13.2: Replacement, Repair After Loss. In the event of the damage or destruction of
the Common Areas covered by insurance written in the name of the Association, the
Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds,
contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as
good a condition as they were when the loss occurred; provided, however, that the
Association's election not to rebuild the Common Areas shall require the approval of sixty-
seven percent(67%) of the Association. The Association may in its sole discretion contract
with any contractor for reconstruction or rebuilding of such destroyed portions of the
Commons Areas.
ARTICLE FOURTEEN
RULES AND REGULATIONS
The Association and/or its Board of Directors is hereby authorized and empowered to adopt
rules and regulations governing the use of the Lots, the Common Areas and the balance of
the Property and the personal conduct of the Owners and their guests thereon, and to
establish penalties for the infraction thereof, in the manner described by RCW Chapter
ark 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given
written notice of the rules and regulations in the manner required byRCW Chapter 64.38.
g q P
o ARTICLE FIFTEEN
C•41
L . REMEDIES AND WAIVER
Section 15.1: Remedies Not Limited. The remedies provided herein, including those for
cam. collection of any assessment or other charge or claim against any Owner for and on behalf of
the Association,the ACC, or Developer,are in addition to, and not in limitation of, any other
(-4 remedies provided by law.
Section 15.2: No Waiver. The failure of the Association,the ACC, the Developer or of any
of their duly authorized agents or any of the Owners to insist upon the strict performance of
or compliance with this Declaration or any of the Articles, Bylaws or rules or regulations of
the Association, or to exercise any right or option contained therein,or to serve any notice or
to institute any action or summary proceedings, shall not be construed as a waiver or
relinquishment of such right for the future, but such right to enforce any of the provisions of
this Declaration or of the Articles, Bylaws or rules or regulations of the Association shall
continue and remain in full force and effect. No waiver of any provision of this Declaration
or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have
been made, either expressly or implied, unless such waiver shall be in writing and signed by
the Board of Directors of the Association pursuant to authority contained in a resolution of
the Board of Directors.
17
ARTICLE SIXTEEN
GENERAL PROVISIONS
Section 16.1: Singular and Plural. The singular wherever used herein shall be construed to
mean the plural when applicable, and the necessary grammatical changes required to make
the provisions hereof apply either to corporations or individuals, men or women, shall in all
cases be assumed as though in each case fully expressed.
Section 16.2: Severability. The invalidity of any one or more phrases, sentences, clauses,
paragraphs or sections hereof shall not affect the remaining portions of this Declaration or
any part hereof, all of which are inserted conditionally on their being held valid in law and in
the event that one or more of the phrases, sentences, clauses, paragraphs or sections
contained herein should be invalid, this Declaration shall be construed as if such invalid
phrase, sentence,clause, paragraph,or section had not been inserted.
Section 16.3: Duration. These covenants, restrictions, reservations and conditions of this
Declaration shall remain in full force and effect for a period of twenty (20) years from the
date hereof. Thereafter, they shall be deemed to have been renewed for successive terms of
ten(10)years, unless revoked or amended as herein provided.
Section 16.4: Perpetuities. In the event that any provision of this Declaration violates the
rule against perpetuities, such provision shall be construed as being void and of no effect as
`x,, of twenty-one (21)years after the death of the last surviving incorporator of the Association,
0 or twenty-one (21) years after the death of the last survivor of all of the said incorporators'
CP
children and grandchildren who shall be living at the time this instrument is executed,
CD whichever is later.
C"1/41
N Section 16.5: Attorney's Fees, Costs and Expenses. In the event the Association, a Member
or the Developer employs an attorney to enforce any provision of the Declaration, the
Articles, Bylaws of the Association, or rules and regulations adopted by the Association, the
o prevailing party in any action for enforcement shall be entitled to the award of reasonable
N attorney's fees, costs and all expenses incurred in the action, whether determined by
judgment, arbitration or settlement.
Section 16.6: Method of Notice. Any notice required by the Declaration or the Articles or
Bylaws of the Association or the rules and regulations adopted by the Association shall be
deemed properly given when personally delivered, deposited in the United States mail,
postage prepaid, or when transmitted by facsimile.
Section 16.7: Enforcement of Declaration. This Declaration may be enforced by the
Association, the Developer or the Owner of any Lot. Such enforcement may include the
institution of legal proceedings to enforce compliance with or specific performance of any of
the covenants or restrictions contained in this Declaration, rules and regulations adopted by
the Association, or the provisions of the Articles or Bylaws.
Section 16.8: Successors and Assigns. This Declaration binds and is for the benefit of the
heirs, successors and assigns of the Developer and the Owners.
18
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Section 16.9: Exhibits. All exhibits referred to in this Declaration are incorporated within it.
ARTICLE SEVENTEEN
AMENDMENT AND REVOCATION
Section 17.1: Exclusive Method. This instrument may be amended, and partially or
completely revoked only as herein provided or otherwise provided by law.
Section 17.2: Amendment by Developer. During the Development Period, the Developer
may amend this instrument to make additional real property subject to this Declaration and
to comply with the requirements of the Federal National Mortgage Association, Government
National Mortgage Association, Veterans Administration or Federal Home Loan Mortgage
Corporation by recording an acknowledged document setting forth specifically the
provisions amending this instrument. The provisions of Section 6 and Section 10 relating to
the obligations and responsibilities of the Association and/or its Members to maintain private
streets, drainage facilities, the stormwater detention vault and outfall line to May Creek, and
the ten-foot Buffer Easement shall not be amended without the express written approval of
ccrs
Ler, the City of Renton.
Section 17.3: Voting. This Declaration may be amended at any annual meeting of the
Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or
csr more of the Owners vote for such amendment, or without such meeting if all Owners are
trka notified in writing of such amendment, and if sixty-seven percent (67%) or more of the
R-. Owners vote for such amendment by written ballot. Notice of any proposed amendment
c•Ne�
shall be given to all Owners not less than ten (10) days prior to the date of the annual
•cameeting or of any special meeting at which the proposed amendment shall be considered.
•c=7 Notwithstanding any of the foregoing, fifty-one percent (51%) of all Mortgagees who have
requested notification of amendments must give prior written approval to any material
amendment to the Declaration or Bylaws, including any of the following:
a. Voting rights;
b. Assessments, assessment liens and subordination of such liens;
c. Reserves for maintenance,repair and replacement of Common Areas;
d. Insurance or fidelity bonds;
e. Responsibility for maintenance and repair;
f. Contraction of the Property or the withdrawal of Lots, Common Areas or
other property from the Property;
g. The boundaries of any Lot;
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1
h. Leasing of Residences other than as set forth herein;
i. Imposition of any restrictions on the right of an Owner to sell or transfer
such person's Lot.
k. Any decision by the Association to establish self-management when
professional management had been required previously by an Institutional
First Mortgagee;
1. Restoration or repair (after hazard damage or partial condemnation) in
manner other than that specified in this Declaration;
m. Any action to terminate the legal status of the Property after substantial
destruction or condemnation occurs; or
n. Any provisions which are for the express benefit of Mortgagees.
Any amendment to the provisions of Section 6 and/or Section 10 relating to the obligations
and responsibilities of the Association and/or its Members to maintain private streets,
drainage facilities,the stormwater detention vault and outfall line to May Creek, and the ten-
foot Buffer Easement shall be subject to the express written approval of the City of Renton.
urg
czzl- Section 17.4: Effective Date. Amendments shall take effect only upon recording with the
Recorder or Auditor of the county in which this Declaration is recorded.
Section 17.5: Protection of Developer. For such time as Developer shall own Lots located
�-- on the Property there shall be no amendments to this Declaration, the Articles, the Bylaws,
or any Rules and Regulations adopted by the Association which:
a. Discriminate or tend to discriminate against the Developer's rights;
cv
b. Change Article One ("Definitions") in a manner which alters the
Developer's right or status;
c. Alter the character and rights of membership or the rights of the Developer
as set forth in Article Three;
d. Alter its rights as set forth in Article Nine relating to architectural controls;
e. Alter the basis for assessments, or the Developer's exemption from
assessments;
f. Alter the number or selection of Directors as established in the Bylaws; or
g. Alter the Developer's rights as they appear under this Article.
END OF DECLARATION PROVISIONS
20
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EXHIBIT A
TO
DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS,EASEMENTS&RESTRICTIONS OF BROOKRIDGE
Legal Description of Property:
Lots 1 through 18 and Tracts A, B, C, D and E of the Plat of Brookridge, recorded
in the Office of the County Auditor, King County, Washington, under file number
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EXHIBIT B
TO
DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS,EASEMENTS&RESTRICTIONS OF BROOKRIDGE
Description of Common Areas:
Tract A, Tract D and Tract E as shown on the drawing on this page are Common Areas as
defined in the Declaration. Refer to the Plat of Brookridge as described in Exhibit A for the lines,
dimensions and sizes of these Common Area tracts.
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