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HomeMy WebLinkAboutRC 20190620000211 • AFTER RECORDING RETURN TO: CITY OF RENTON 11111111111111111111 �II 11111 1111 11!i 1111 City Clerk Division 1055 South Grady Way,Suite 728 20190620000211 Renton,WA 98082 COVENANT Rec:$224.00 6/2012019 9:56 AM KING COUNTY,WA DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR MEAD SHORT PLAT Grantor: Tuscany Construction, LLC Grantee: Mead Short Plat Homeowners Association Abbr. Legal Description: E 1/2 OF W 330 FT OF N 330 FT OF NE 1/4 OF SW 1/4 OF SE 1/4 TGW N 30 FT OF W 1/2 OF W 330 FT OF N 330 FT OF NE 1/4 OF SW 1/4 OF SE 1/4(FULL LEGAL IN APPENDIX A) c cc-e\ Rovv\,\ra-en- ; 102305—' 9230 THE PLAT FOR THIS COMMUNITY WAS FILED WITH THE AUDITOR OF KING COUNTY,WASHINGTON UNDER AUDITOR'S FILE NO. 2-0 t9 O 1c 1 0000 3 DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS OF MEAD SHORT PLAT RENTON, WASHINGTON TABLE OF CONTENTS 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 Definition 2 1.6 Percentage of Mortgagees 3 1.7 Percentage of Owners 4 ARTICLE 2 OWNERSHIP AND MAINTENANCE OF COMMON FACILITIES 4 2.1 Ownership of Common Facilities 4 2.2 Maintenance of Tract A 4 ARTICLE 3 OWNER'S PROPERTY RIGHTS 5 3.1 Owner's Rights of Enjoyment 5 3.2 Delegation of Use 5 ARTICLE 4 OWNERS' ASSOCIATION 5 4.1 Establishment 5 4.2 Form of Association 6 4.3 Membership 6 4.4 Voting 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 7 5.4 Authority and Duties of the Board 7 ARTICLE 6 USE AND MAINTENANCE OBLIGATION OF OWNERS 9 6.1 Catch Basin 9 6.2 Easements 9 6.3 Common Drives 9 6.4 Storm Runoff 9 6.5 Access Road and Stormwater Operations and Maintenance 10 ARTICLE 7 COMMON EXPENSES AND ASSESSMENTS 10 7.1 Creation of the Lien and Personal Obligation of Assessments 10 7.2 Uniform Rate 10 7.3 Limitation on Annual Assessment Amount 10 7.4 Manner and Time of Payment 11 7.5 Accounts 11 7.6 Lien 11 7.7 Waiver of Homestead 12 7.8 Continuing Liability for Assessments 12 7.9 Records,Financial Statements 12 7.10 Certificate of Assessment 12 7.11 Foreclosure of Assessment Lien,Attorneys' Fees and Costs 12 7.12 Curing of Default 13 7.13 Omission of Assessment 13 7.14 Assessment Deposit 13 7.15 Exempt Property 14 7.16 Effect of Legal Proceedings 14 ARTICLE 8 COMPLIANCE WITH DECLARATION 14 8.1 Enforcement 14 8.2 No Waiver of Strict Performance 15 8.3 Right of Entry 15 8.4 Remedies Cumulative 15 ARTICLE 9 LIMITATION OF LIABILITY 15 9.1 No Personal Liability 15 9.2 Indemnification of Board Members 15 ARTICLE 10 MORTGAGEE PROTECTION 16 10.1 Priority of Mortgagee 16 10.2 Effect of Declaration Amendments 16 10.3 Rights of Lien Holder 16 10.4 Change in Manner of Architectural Review and Maintenance Within Project 17 10.5 Copies of Notices 17 10.6 Furnishing of Documents 17 ARTICLE 11 EASEMENTS 17 11.1 Association Functions 17 11.2 Easements Over Common Facilities 17 11.3 Access to Public Streets 17 11.4 Utility Easements 17 ARTICLE 12 TERM OF DECLARATION 18 12.1 Duration of Covenants 18 12.2 Abandonment of Subdivision Status 18 ARTICLE 13 AMENDMENT OF DECLARATION 18 13.1 Declaration Amendment 18 13.2 Amendments to Conform to Lending Institution Guidelines 19 ARTICLE 14 INSURANCE 19 14.1 Insurance 19 ARTICLE 15 MISCELLANEOUS 20 15.1 Notices 20 15.2 Conveyance,Notice Required 20 15.3 Successor and Assigns 20 15.4 Joint and Several Liability 21 15.5 Mortgagee's Acceptance 21 15.6 Severability 21 15.7 Effective Date 21 15.8 Government Right of Access 21 EXHIBIT A 23 1 • DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS OF MEAD SHORT PLAT RENTON, WASHINGTON THIS DECLARATION is made this /4 TN DAY OF �t l/1/E 2019, by the undersigned TUSCANY CONSTRUCTION, LLC, a Washington limited liability company,referred to herein as "Declarant," which is the owner of a certain real property legally described in Exhibit A known as MEAD SHORT PLAT, located in the City of Renton, King County, Washington (the "Project") With the exception of RCW 64.90.020, 64.90.025, and 64.90.030, this Declaration shall not be subject to the Washington Uniform Common Interest Ownership Act, Ch. 64.90 RCW (the "Act"): The Plat contains no more than twelve units; there shall be no assessments imposed on any units; and the Declarant has not reserved development rights, as such term is defined by the Act. The Declarant has created a non-profit corporation known as the Mead Short Plat Homeowners Association (hereafter referred to as the "Association"). The Association shall be delegated and assigned the duties and powers of owning, maintaining, and administering any and all Common Areas and related facilities in the Project,administering and enforcing these covenants, conditions and restrictions, and collecting and disbursing the assessments and charges hereinafter created. The Association shall also have the right and power to promulgate rules and regulations which may further define and limit permissible uses and activities consistent with the provisions of this Declaration. NOW, THEREFORE, the undersigned hereby covenants, agrees, and declares that all of the Plat, as defined herein and the buildings and structures hereafter constructed thereon are, and will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, and restrictions, for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Project for the benefit of the Owners thereof, their heirs, successors, grantees, and assigns. ARTICLE 1 INTERPRETATION 1.1 Liberal Construction. The provisions of the Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project. 1.2 Covenant Running with Land. It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes, binding on Declaration of Covenants, Conditions and Restrictions of Mead Short Plat PAGE 1 Declarant, its successors, heirs, executors, administrators, devisees or assigns. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project, shall and hereby is deemed to incorporate by reference all provisions of the Declaration. 1.3 Declarant is Original Owner. TUSCANY CONSTRUCTION, 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 "Association" shall mean the Mead Short Plat Homeowners Association, its successors and assigns. 1.5.2 "Board" shall mean the Board of Directors of the Association provided for in Article 5. 1.5.3 "Bylaws" shall mean the duly adopted bylaws of the Association. 1.5.4 "Common Areas" shall mean and refer to all real property that is owned by the Association, including, but not limited to Tract A of the Plat. 1.5.5 "Declarant" shall mean TUSCANY CONSTRUCTION, LLC (being the Owner of the real property described in Exhibit A thereof) 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. 1.5.6 "Declaration" shall mean this declaration and any amendments thereto. 1.5.7 "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. 1.5.8 "Lot" shall mean and refer to any plot of land shown upon any recorded Short Plat Map of the Project. 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 included any land shown on a Short Plat Map but dedicated to the public or to a government entity. Declaration of Covenants,Conditions and Restrictions of Mead Short Plat PAGE 2 1.5.9 "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. 1.5.10 "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 designee of a vendor, of a real estate contract for the sale of a Lot. 1.5.11 "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 interest merely as security for the performance of an obligation shall not be considered an Owner. 1.5.12 "Person"shall include natural persons,partnerships,limited liability companies, corporations, associations and personal representatives. 1.5.13 "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. 1.5.14 "Map" shall mean any Short Plat Map(s) approved by the appropriate governmental entity and recorded in conjunction with or subsequent to this Declaration,which Maps depict the layout of the Lots on the Project. 1.5.15 "Plat"shall mean and refer to the short plat map of MEAD SHORT PLAT as recorded in Book Li(7L of Surveys, Pages kW through Records; of King County, State of Washington, under Recording No. Z,0►1 q oC,2-Cq C0005. 1.5.16 "Tract" shall mean and refer to those portions of the recorded Plat which are so designated and which are generally held for purposes other than use as lots for construction of a residence, including but not limited to Tract A-Stormwater and Tree Protection. 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. Declaration of Covenants,Conditions and Restrictions of Mead Short Plat PAGE 3 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 AND MAINTENANCE OF COMMON FACILITIES 2.1 Ownership of Common Facilities. All Common Facilities (pavement, drainage structures,including but not limited to pipes,catch basins,water quality,detention and control facilities, and landscaping) shall be owned by the Association. The Common Facilities shall exclude those portions of facilities and utilities which have been or may hereafter be, dedicated to and owned by the public or a governmental entity or private utility company. The Common Facilities shall for all purposes be under the control, management and administration of the Declarant during the period of Declarant's management authority pursuant to Section 5.2, and under the control, management and Administration of the Association thereafter. Except as set forth in Section 2.2. below,the Association (and the Owners who are members thereof) have the responsibility and obligation to maintain, repair and administer the Common Facilities 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. In the event the Association fails to meet its maintenance responsibilities for the Common Facilities, each Lot owner will have an equal and undivided responsibility for such maintenance and is jointly liable for the failure to do so. 2.2 Maintenance of Tract A. Tract A is a stormwater and tree protection tract. Upon recording of the Map, Tract A was conveyed to the Association. Pursuant to RMC 4-6-030(F)(1), the City of Renton shall be responsible for maintaining the drainage facilities within Tract A. Upon recording of the Map, a drainage easement over Tract A was granted to the City of Renton for conveying, storing, managing and facilitating storm and surface water,together with the right for the City of Renton, its successors or assigns, to enter said drainage easement for the purpose of inspecting, operating, maintaining, repairing and improving the drainage facilities contained therein. Maintenance of all other improvements on Tract A, including landscaping, monuments, trees, and recreational facilities, shall be the responsibility of the Association. The Association is responsible for the cost for the restoration of any non-drainage improvements removed or altered as the result of the maintenance, repair, improvement and reconstruction of the drainage improvements.The Association shall obtain any required permits from the City of Renton, or its successor agency, prior to activities such as clearing and grading, filling, piping, cutting or removing vegetation (except for routine landscape maintenance such as lawn mowing) in drainage facilities or performing any alterations or modifications to the drainage facilities contained within said drainage easement. Declaration of Covenants, Conditions and Restrictions of Mead Short Plat PAGE 4 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 Facilities that shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 3.1.1 The rights of the Association to dedicate or transfer all or any part of the Common Facilities,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. 3.1.2 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 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 15.5; provided, however, that Tract A shall not be mortgaged. 3.1.3 The right of the Association to take such steps as are reasonably necessary to protect any property mortgaged in accordance with Section 3.1.2 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. 3.1.4 While under Declarant's management authority pursuant to Section 5.2,the exercise of all the rights and powers set forth in Subsections 3.1.1, 3.1.2 and 3.1.3 shall require the prior written approval of Declarant. 3.2 Delegation of Use. Any Owner may delegate (in accordance with the Bylaws), his/her right of enjoyment of the Common 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 MEAD SHORT PLAT HOMEOWNERS ASSOCIATION (referred to hereinafter as the "Association"). Declaration of Covenants, Conditions and Restrictions of Mead Short Plat PAGE 5 4.2 Form of Association. The Association shall be a nonprofit corporation formed and operated pursuant to the 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 the 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 hereto to the new Owner thereof. 4.4 Voting. Every Owner shall be entitled to vote in accordance with the provisions of the Articles of Incorporation and Bylaws of the Association. 4.5 Bylaws of Association. Bylaws for the administration of the Association and the Project and to further the intent of the Declaration,may be adopted or amended by the Owners at a regular or special meeting, rovided, 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 90% of the Lots are sold by Declarant, 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 Declaration of Covenants,Conditions and Restrictions of Mead Short Plat PAGE 6 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 operation,maintenance, repair, improvement and replacement of those portions of the Common Facilities which must be 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 Facilities,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 easements and street lighting,as required for the Common Facilities. 5.4.4 Insurance. Obtain and pay for policies of insurance or bonds providing Common Facilities casualty and liability coverage, and for fidelity of Association officers and other employees, the requirements of which are more fully set forth in Article 14. Declaration of Covenants,Conditions and Restrictions of Mead Short Plat PAGE 7 5.4.5 Maintenance and Repair of Common Facilities. Pay for the cost of painting, maintenance, repair of all landscaping and gardening work for all Common Facilities, 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 regulation and the provisions of this Declaration. 5.4.6 Maintenance of Rights of Way, etc. Pay for the costs of maintaining and landscaping of rights of way,traffic islands and medians, or other similar areas which are not part of the Lots or Common Facilities 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,and landscaping and improvements on easements, if any,which are located on or across Lots including the common landscape area within Tract A Stormwater and Tree Protection tract adjacent to Lot 1 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 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 Facilities, 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. Declaration of Covenants,Conditions and Restrictions of Mead Short Plat PAGE 8 5.4.12 Adoption of Rules and Regulation:Fines. When and to the extent deemed 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 regulation 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 the Declaration. ARTICLE 6 USE AND MAINTENANCE OBLIGATION OF OWNERS 6.1 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 15th of each calendar year. 6.2 Easements. Easements for the installation and maintenance of utilities, drainage and irrigation facilities are reserved as shown on the Short Plat Map and as described in Article 11. 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 11.4, any easement or portion thereof located on any Lot and all improvements thereon shall be maintained continuously by the Lot Owner. 6.3 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 of therein except by express written consent of the Board. 6.4 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 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 downstream Lots. Declaration of Covenants, Conditions and Restrictions of Mead Short Plat PAGE 9 6.5 Access Road and Stormwater Operations and Maintenance. It is the responsibility of the Association to maintain the access road including the road stormwater collection system, 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 storm water facilities, private roadways and other common facilities, or permitting conveyance of those features to a third party without the written permission of the City of Renton. ARTICLE 7 COMMON EXPENSES AND ASSESSMENTS 7.1 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 therefore, 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 the 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 for installments that become due on and after said date. 7.2 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 cost 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 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. 7.3 Limitation on Annual Assessment Amount. 7.4.1 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 Declaration of Covenants, Conditions and Restrictions of Mead Short Plat PAGE 10 obtaining prior approval of the Owners, to levy assessments in a given calendar year totaling not more than $300.00 per Lot, as may be adjusted pursuant to RCW 64.90.065; provided,that the assessments subject to the $300 cap shall not include optional user fees; any insurance premiums paid by the Association; or any assessments which are levied against an Owner for reimbursing the Association for costs incurred in bringing the Lot Owner or his/her Home and/or Lot into compliance with the provision of this Declaration nor any initial assessments provided for in Section 7.3. Notwithstanding the provision set forth above, the Declarant shall not be liable for any fees or assessments assessed or due so long as Declarant owns any Lot. 7.3.2 Increase in Assessments. During the Declarants management of the Association pursuant to Section 5.2, the maximum dollar amount specified in Section 7.4.1, as may be adjusted pursuant to RCW 64.90.065, shall not be increased without the approval of Lot Owners, excluding the Declarant, holding 90% of the votes of the Association, at a meeting duly called for such purpose. 7.3.3 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 Section 7.4.1 and 7.4.2 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. 7.4 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. 7.5 Accounts. Anyassessments collected bythe Association shall be deposited P 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. 7.6 Lien. In the event any assessment or installment thereof remains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days 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, cost, 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 Declaration of Covenants,Conditions and Restrictions of Mead Short Plat PAGE II 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 10.1. 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. 7.7 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. 7.8 Continuing Liability for Assessments. No Owner may exempt himself/herself from liability for his/her Assessments by abandonment of his/her Lot. 7.9 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 resolution authorizing expenditures of Association funds shall be available for examination by any Owner at reasonably convenient hours. 7.10 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 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. 7.11 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 Declaration of Covenants,Conditions and Restrictions of Mead Short Plat PAGE 12 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. 7.12 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. 7.13 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. 7.14 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 being made as a cash refund or a credit against assessments subsequently to become due or a combination thereof. Declaration of Covenants,Conditions and Restrictions of Mead Short Plat PAGE 13 1 7.15 Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: 7.15.1 All properties dedicated to and accepted by a governmental entity, 7.15.2 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 7.16.1, and 7.16.2 and which are devoted to dwelling use, shall not be exempted from said assessments. 7.16 Effect of Legal Proceedings. In any legal proceeding commenced pursuant to Section 8.1.1, and notwithstanding the assessment limitation provided for in the 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 8 COMPLIANCE WITH DECLARATION 8.1 Enforcement. 8.1.1 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. The provisions of the Declaration shall be enforceable by Declarant,any Lot Owner, the Association, and any first mortgagee of any Lot. In addition, the Association may impose and collect fines as provided in Section 5.4.12 of this Declaration. 8.1.2 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. 8.1.3 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 Declaration of Covenants,Conditions and Restrictions of Mead Short Plat PAGE 14 i reasonably incurred in 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. 8.2 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. 8.3 Right 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. 8.4 Remedies Cumulative. The remediesP rovided 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 9 LIMITATION OF LIABILITY 9.1 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. 9.2 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 Declaration of Covenants,Conditions and Restrictions of Mead Short Plat PAGE 15 1 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 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 9.2 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 obligation 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 10 MORTGAGEE PROTECTION 10.1 Priority of Mortgagee. Notwithstanding all other provisions hereof, 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. 10.2 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. 10.3 Rights of Lien Holder. A breach of any of the provisions, conditions, restriction,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. Declaration of Covenants,Conditions and Restrictions of Mead Short Plat PAGE 16 • 10.4 Change in Manner of Architectural Review and Maintenance Within Project. 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 2 and 5 hereof. 10.5 Copies 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. 10.6 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 11 EASEMENTS 11.1 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. 11.2 Easements Over Common Facilities. 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 Facilities, which easements the Board determines are reasonably necessary to the ongoing development and operation of the Project. 11.3 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. 11.4 Utility Easements. On each Lot, easements are reserved as provided by the Short Plat Map and applicable laws, ordinances and other governmental rules and regulations for utility installation and maintenance, including but not limited to, Declaration of Covenants, Conditions and Restrictions of Mead Short Plat PAGE 17 1 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 12 TERM OF DECLARATION 12.1 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 13.1 below shall be recorded, abandoning or terminating this Declaration. 12.2 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 13 AMENDMENT OF DECLARATION 13.1 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 the Owners vote for such amendment or without any meeting if all Owners have been duly notified and 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 all the Owners and 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 Facilities, insurance or bonds; use of Common Facilities, 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 Facilities into Common Facilities or vice versa; dedicating or transferring all or any part of the Common Facilities 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 Facilities; 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 Declaration of Covenants, Conditions and Restrictions of Mead Short Plat PAGE 18 1 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 countyin which the is located. It is specifically Y ProjectP Y 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. Notwithstanding the foregoing, this Declaration may not be amended to eliminate the requirement to own and maintain the Common Facilities as described in Article 2, as required by approval of this Project,without the prior approval of the City of Renton. 13.2 Amendments to Conform to Lending Institution Guidelines. 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 to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate utility easements and access road easements. ARTICLE 14 INSURANCE 14.1 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 the Common Facilities (and Common Facility 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. hi the event of damage to or destruction of any part of the Common Facility 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 placement 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. Declaration of Covenants, Conditions and Restrictions of Mead Short Plat PAGE 19 ARTICLE 15 MISCELLANEOUS 15.1 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 addresses 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. (c) Prior to the expiration of the Declarant's management authority pursuant to Section 5.2, 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. 15.2 Conveyance, Notice Required. 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 1 orsimilar restriction bythe Association or the Board or anyone actingon their refusal, y 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 notice 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. 15.3 Successor and Assigns. This Declaration shall be binding upon and shall inure to the benefits of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, subleases and assignees of the Owners. Declaration of Covenants, Conditions and Restrictions of Mead Short Plat PAGE 20 15.4 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. 15.5 Mortgagee's Acceptance. 15.5.1 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. 15.5.2 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. 15.6 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. 15.7 Effective Date. The Declaration shall take effect upon recording. 15.8 Government Right of Access. Governmental entities shall have rights of access and inspection for the Common Facilities and any drainage facilities contained therein. IN WITNESS WEREOF TUSCANY CONSTRUCTION,LLC have executed this Declaration the day and year first hereinabove written TUSCANY CONSTRUCTION, LLC a Washington limited 'ability company By: Name: , ,ffi 1F.vZL- 01. Its: / - rte! Declaration of Covenants, Conditions and Restrictions of Mead Short Plat PAGE 21 f 1` I STATE OF WASHINGTON ) ss. COUNTY OF 11 ) The undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, affirms that Mel tl i'i1 personally appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the MANAGER of TUSCANY CONSTRUCTION, LLC, a Washington nonprofit corporation, to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. SIGNED AND SWORN to before me on this I"' day of jUl\& , 2019. d--L< JULIO PEREZ eb'L (Print Name) Notary Public � . State of Washington Not,_ Public,Residing at My Appointment Expires Dec 19, 2020 My appointment expires IZ-I"l-U 20 • Declaration of Covenants,Conditions and Restrictions of Mead Short Plat PAGE 22 I � • EXHIBIT A Legal Description of the Project Real property in the County of King, State of Washington, described as follows: THE EAST ON-HALF OF THE WEST 330 FEET OF THE NORTH 330 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M. IN KING COUNTY, WASHINGTON, TOGETHER WITH THE NORTH 30 FEET OF THE WEST ONE-HALF OF THE WEST 330 FEET OF THE NORTH 330 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEASE QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M. IN SAID COUNTY; EXCEPT THE WEST 30 FEET OF SAID WEST ONE-HALF;AND EXCEPT THAT PROTION THEREOF, DEDICATED TO THE CITY OF RENTON PER KING COUNTY RECORDING NUMBER 2,0lRO©cC7Z(2- Declaration of Covenants, Conditions and Restrictions of Mead Short Plat PAGE 23