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DECLARATION OF PROTECTIVE COVENANTS, _, �_,� ^ • �.,
CONDITIONS, RESTRICTIONS AND EASEMENTS ��-•-< t,,, ..,
FOR --•-s '�'
BLACKRIVER CORPORATE PARK - PHASES IV-A. IV-B, V AND���F-I -� u'
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THIS DECLARATION, made this day of , 1989
by FIRST CITY WASHINGTON, INC. , a Washington corporation
hereinafter referred to as "Grantor";
RECITALS
A. Grantor is the Owner of real property described in
Exhibit 1 to this Declaration.
B. Grantor wishes to subject such real property to
, protective covenants to ensure its development in a coordinated
and harmonious manner.
NOW, THEREFORE, Grantor hereby declares that the real
' property located in King County, Washington and more
particularly described in Exhibit 1 attached hereto and made a
part hereof by reference, commonly known as Blackriver Corporate
Park Phases IV-A, IV-B, V and VI (the "Park") shall be held,
transferred, sold, conveyed, leased, subleased and occupied
� subject to the protective conditions, covenants, restrictions,
� easements, reservations and requirements hereinafter set forth.
Q The following conditions, covenants, restrictions, easements,
� reservations and requirements are imposed on the Park subject to
C''� this Declaration and are binding on all Owners and Occupants,
� and may be enforced against such Owners and Occupants jointly
0 and/or severally.
� 1. Purpose. This declaration is made to limit development
� so as to encourage the erection of attractive, compatible
Improvements and provide a harmonious development that will
promote the general welfare of the Owners and Occupants of the
Park.
2. Definitions. The following terms and words shall have
the indicated meanings for purposes of this Declaration:
(a) Buildinct - shall mean and include, but not be
limited to, the main portion of a structure built for permanent
use and all projections or extensions thereof, including but not
limited to garages, outside platforms and docks, storage
facilities, enclosed malls and porches; -
1097/48 (5. 17.89)MSC47 DECLPH45
, � ' � • � • ' ,
(b) Building Site - shall mean a tract of real
property within the Park as determined by the legal description
in a conveyance or lease from Grantor. If fee simple title to
two (2) or more adjacent Building Sites, is acquired by the same
Owner such commonly-owned Building Site may, at the option of
said Owner, be combined and treated as a single Building Site
for the purpose of this Declaration, provided that the location
of the Improvements on such combined Building Site shall be
subject to prior written approval by Grantor;
(c). Common Areas - shall mean such areas in the Park
as may be established from time to time by Grantor as either
natural area preserves or greenbelts or as recreational areas
for use in common by Grantor, Owner and Occupants and their
respective customers, invitees and employees.
(d) Declaration - shall mean this Declaration of
Covenants, Conditions, Restrictions and Easements;
(e) Improvements - shall mean and include, but not be
limited to, Buildings, out buildings, driveways, exterior
lighting, loading areas, parking areas, retaining walls,
� streets, screening walls, signs, utilities and walkways located
Oon a Building Site;
� (f) Occupant - shall mean an entity, whether it be an
� individual, corporation, joint venture, partnership or
� association, which has purchased, leased, rented or has
Q otherwise legally acquired the right to occupy and use all or
� any part of any Building or Building Site, whether or not such
ri ht is exercised;
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(g) Owner - shall mean an entity, including Grantor,
whether it be an individual, corporation, joint venture,
partnership or association, which is record owner of any fee
simple estate, or which has an equity of redemption in a
Building Site;
3. Land Use. Building Sites within the Park shall be used
for high quality office, commercial, industrial, warehouse,
business and other purposes as permitted by applicable law.
4. Restrictions and Requirements on Imnrovements. The
following restrictions and requirements are imposed on the Park:
(a) Temporarv Structures. No temporary Buildings or
other temporary structures shall be permitted on any Building
Site; provided, however, trailers, temporary Buildings and the
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like shall be permitted for construction purposes during the
construction period of a permanent Building. Once construction
is commenced on a Building Site, it shall be diligently
prosecuted to completion. Such structures shall be placed as
inconspicuously as practicable, shall not inconvenience Owners
or Occupants of other Building Sites, and shall be removed not
later than thirty (30) days after the date of substantial
completion for beneficial occupancy of the Building(s) in
connection with which temporary structure was used.
(b) Exterior Materials Colors. Architecturally and
aesthetically suitable building materials of a low maintenance
type shall be applied to or used on all sides of a Building.
Colors, forms and textures shall be integrated in relation to
each Building Site. All Building designs and colors shall be
first approved by the Grantor in writing.
(c) Fences. No fences may be erected on a Building
Site except in accordance with plans and specifications first
approved in writing by Grantor.
1/'� (d) Coordination. All Improvements shall be designed
� in a manner which coordinates Building layout, landscaping and
� pedestrian and vehicular access for the Building Site.
M (e) Maintenance. Each Owner and Occupant of the Park
� shall be responsible for keeping its Building Site or Sites
0 maintained in a safe, clean, neat and orderly condition.
� 5. Easements.
(a) Grant. Grantor has created, by designation on the
face of the plat for the Park, joint access easements.
(b) Reservation. Grantor reserves for itself and its
successors and assigns and its and their customers, guests,
invitees and employees non-exclusive easements for roadway and
walkway ingress and egress over such other portions of the Park
as Grantor may from time to time designate by recorded
instrument. Grantor's right to grant such easements with
respect to a Building Site shall not survive Grantor's sale of
that Building Site.
(c) Utility and Service Easements. Grantor reserves
the right to grant easements for the installation, repair and
replacement of storm drains, storm and sanitary sewers,
utilities and other services necessary for the orderly
development and operation of the Common Areas and Buildings.
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Grantor's right to grant such easements with respect to a
Building Site shall not survive Grantor's sale of that Building
Site.
6. Common Areas.
(a) Reservation. Grantor reserves the right to
designate by recorded instrument certain portions of the Park
for use as Common Areas and to enter into agreements with
municipal corporations to add adjoining areas for use as Common
Areas. Grantor's right to designate such Common Areas with
respect to a Building Site shall not survive Grantor's sale of
that Building Site.
(b) Recreational Amenitv. The Common Areas include a
horseshoe pit to be built by Grantor in the area designated on
the face of the plat for the Park.
(c) Control of Common Areas by Grantor. Grantor shall
at all times have the exclusive control and management of all
Common Areas. With respect to the Common Areas, Grantor shall
have the right from time to time to employ personnel; to
� establish, modify and enforce reasonable rules and regulations;
� to construct, maintain and operate lighting facilities; to
� police the Common Areas; from time to time to change the area,
� level, location and arrangement of Common Areas; to close all or
� any portion of the common areas and facilities to such extent as
� may, in the opinion of Grantor's counsel, be legally sufficient
� to prevent a dedication thereof or the accrual of any rights to
Q any person or the public therein; to close temporarily all or
� any portion of the Common Areas; and to do and perform such
W other acts in and to the Common Areas as, using good business
judgment, Grantor deems to be advisable with a view to the
improvement of the convenience and use thereof by Owners and
Occupants of the Park, their employees, invitees and customers.
(d) License. All Common Areas which an Owner or
Occupant is permitted to use and occupy are used and occupied
under a revocable license; provided, however, Grantor may not
eliminate the recreational amenity referenced in Paragraph 6(b)
above without the written consent of the City of Renton. The
license extends not only to Owners and occupants, but also to
their employees, agents, tenants and contractors and the
employees, agents and contractors of such tenants. If the
amount of such common areas be diminished, such diminution shall
not subject Grantor to any liability, nor shall any Owner or
Occupant or other licensee be entitled to any compensation as a
consequence thereof.
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(e) Maintenance Charcre. Each Owner shall be obligated
to reimburse Grantor on a monthly basis for Owner's share of the
operating cost of the Common Areas and facilities, together with
an amount equal to ten percent (10�) of the total thereof as
compensation to Grantor for administration services. An Owner's
share, including that of Grantor, shall be equal to the
proportion which the area of such Owner's Building Site bears to
the area of all Building Sites in the Park. For purposes of
this paragraph, the term "operating cost of the Common Areas"
means the total cost and expense incurred in operating,
lighting, policing, cleaning, maintaining, repairing, replacing,
and administering the Common Areas, excluding only items of
expense commonly known and designated as capital charges, but
specifically including, without limitation, the cost of
gardening and landscaping, after the initial installation
thereof; the cost of public liability and property damage
insurance and vandalism insurance; professional management fees;
attorneys' , accountants' and other professionals' and
consultants' fees; utility expenses; real and personal property
taxes and assessments; maintenance costs for equipment and
systems; subsidies and other payments which the Park may be
required to pay public bodies; the cost of compliance with
t/� transportation and other governmental requirements, including,
� but not limited to, the cost of van and commuter pools and the
eO establishment and performance under a transportation management
� plan; repairs, the cost of resurfacing, painting and sanitary
� control; the cost of snow, trash, rubbish, garbage and other
� refuse removal; depreciation of machinery and equipment used
0 exclusively in such maintenance, but only on a straight line
� basis; and the cost of personnel to implement such services.
�
7. A�proval of Plans. No construction or exterior
alterations of any Building or other Improvement may be
commenced without the prior review and written approval by
Grantor of the plans for such construction or alteration as
complying with the terms hereof. Grantor may assess the
applicant a fee to cover professional fees and other costs
incurred by it in connection with such review or any other
review provided for herein or in the Guidelines. Grantor may
condition its review upon the receipt from the applicant of a
deposit equal to the estimated fee.
8. Conflicts. Zoning ordinances, building codes and
regulations, and any other governmental restrictions and
requirements shall be observed. In the event of any conflict
between this Declaration and any such governmental codes,
regulations, restrictions and requirements, the more restrictive
standards shall apply. Any approval of Grantor required in this
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Declaration, does not in any way relieve Owners and Occupants
from obtaining approvals required by any governmental body
having jurisdiction.
9. Enforcement.
(a) Enforcement of the provisions of this Declaration
shall be by an appropriate proceeding at law or in equity
against any person, corporation or other entity violating or
attempting to violate said provisions, either to restrain such
violation, to enforce liability, or to recover damages, or by
any appropriate proceeding at law or in equity against the land
to enforce any lien or charge arising by virtue hereof, as
provided for more fully in paragraph 9(b) hereof. Grantor shall
not be liable for enforcement of or for failure to enforce said
provisions and failure of Grantor or of any Owner or Occupant to
enforce any of the provisions of this Declaration shall in no
event be deemed a waiver of the right to do so thereafter.
(b) If an Owner or Occupant fails to comply with the
� provisions of this Declaration, Grantor may notify said Owner or
� Occupant of such conditions, in writing, and if it does so,
0 shall detail, in writing, any and all work which must be
� performed by said Owner or Occupant to bring said Building or
� Building Site into compliance with the provisions of this
� Declaration, and Grantor shall allow thirty (30) days from said
V') date of notification for the Owner or Occupant to perform said
�O work. If said Owner or Occupant fails to perform said work
� within thirty (30) days, then in that event Grantor shall, in
addition to all other remedies it may have at law or in equity,
have the right to perform such obligation on behalf of the
defaultinq Owner or Occupant and be reimbursed by such
defaulting Owner for the cost thereof with interest thereon at
the rate of eighteen percent (18$) per annwa, but not in excess
of the maximum rate then permitted by law. Any such claim for
reimbursement, together with interest, shall be a secured right
and a lien shall attach and take effect upon recordation of a
claim of lien with the King County Department of Records and
Elections. The lien shall attach from the date of recordation
in the amount claimed thereby, plus costs of enforcement,
including attorneys' fees, and it may be enforced in any manner
allowed by law for the foreclosure of liens. Notwithstanding
the foregoing, such liens shall be subordinate to any mortgage
or deed of trust given in good faith and for value now or
hereafter encumbering the Building Site and any purchaser at any
foreclosure or trustee's sale (as well as any grantee by deed in
lieu of foreclosure or trustee's sale) under any first mortgage
or deed of trust shall take the Building Site, free and clear
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from any such then existing lien, but otherwise subject to the
provisions of this Declaration. The failure of Grantor to
insist upon the strict performance of any of the promises,
covenants, conditions, restrictions or agreements herein, shall
not be construed as a waiver or relinquishment for the future
breach of the provisions hereof.
10. Rights and Obligations of Lenders. The charges and
burdens of this Declaration are and shall at all times be prior
and therefore superior to the lien or charge of any mortgage or
deed of trust hereafter made in good faith and for value
affecting the Park or any part thereof or any improvements now
or hereafter placed thereon. However, a breach of any of the
easements, covenants, restrictions or conditions hereof shall
not defeat or render invalid the lien or charge of any mortgage
or deed of trust. The superiority of this Declaration shall be
LIMITED to the extent that title to any property acquired
through sale under foreclosure of any subsequent mortgage or
deed of trust effected by powers of sale, judicial proceedings,
or otherwise, shall be subject to all the charges and burdens
affecting the property by virtue of this Declaration, but not
any liens filed under terms of paragraph 9 (b) hereof subsequent
� to the date of the mortgage or deed of trust.
�j 11. Non-Profit Corporation. Grantor shall have the right
e� to form a non-profit corporation pursuant to RCW Chapter 24.03
C''� (the "Corporation") and transfer to the Corporation all
� Grantor's rights hereunder except such as relate to its role as
Q an Owner, including rights with respect to the Common Areas and
� all approval rights, exclusive control and management rights,
� termination and amendment rights and other general rights and
authority retained by Grantor hereunder, including, but not
limited to, the right to establish the maintenance charge budget
and implement the budget so established, and all contracts and
agreements of general applicability to the Park, including
agreements with governmental agencies. The Corporation shall be
obligated to assume and perform all contracts and agreements of
general applicability to the Park. The Corporation will be
comprised of the owners of all Building Sites in the Park,
including Grantor, with voting being determined on a pro rata
basis in proportion that the gross land area of the Building
Sites owned by each Owner bears to the gross land area of all
Building Sites in the Park.
12. Duration, Modification and_ __ Termination. The
conditions, covenants, restrictions and easements set forth in
this Declaration shall run with and bind the land within the
Park and shall be and remain in effect, and shall inure to the
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benefit of, and be enforceable by Grantor or the Owner of any
property subject to this Declaration, their heirs, successors
and assigns for a term of fifty (50) years from the date this
Declaration is recorded. This Declaration may be amended by
Grantor, acting alone prior to the transfer provided for in
paragraph 11 hereof, by an instrument in writing, properly
executed, acknowledged and filed with the King County Department
of Records and Elections, but such amendment shall not deprive
any Owner's or Occupant's rights to use its Building Site for
purposes consistent with this Declaration; provided, however, no
such amendment by Grantor shall alter or eliminate the easements
referenced in Paragraph 5(a) above or the recreational amenity
referenced in Paragraph 6(b) above or eliminate the requirement
of general harmony of appearance across the lots in the Park
without the City of Renton's prior written consent.
13. Severabilitv. Invalidation of any one or more of the
provisions of this Declaration by judgment or court order shall
in no way affect any of the other provisions hereof which shall
remain in full force and effect.
14. Disclaimer. Grantor and its employees and agents will
� not be liable to any Owner, Occupant or to any other party for
Q damages, losses, liabilities or expenses suffered by reason of a
*,,,� mistake in judgment, negligence, or nonfeasance arising in
� connection with any approval, disapproval or any other action in
� connection with this Declaration or nonenforcement of any of the
� provisions of this Declaration.
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0'? 15. Release from Liabilitv. Any Owner or Occupant shall be
� bound b this Declaration only during the period such person is
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an Owner or Occupant, except as to obligations, liabilities or
responsibilities that accrue during said period. Although
persons may be released under this paragraph, the covenants,
conditions and restrictions in this Declaration shall continue
to be benefits and servitudes upon the Park running with the
land.
16. Rights of Successors. This Declaration shall bind and
inure to the benefit of Grantor and its heirs, personal
representatives, tenants, successors, and/or assigns. The
singular number includes the plural and any gender includes all
other genders. Grantor shall not assign its rights hereunder
except in conjunction with its duties, other than in the case of
an assignment for security purposes or for transfers otherwise
expressly provided for herein.
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17. Paragraph Headings. The paragraph headings contained
herein are inserted only as a matter of convenience and in no
way define, limit, or describe the scope or intent of this �
�
document nor in any way affect the terms and provisions hereof.
18. Not a Public Dedication. Nothing contained herein I
shall be deemed to be a gift or dedication of any portion of the
Park to the public or for the general public or for any public
purposes whatsoever.
IN WITNESS WHEREOF, Grantor has caused this Declaration to
, be executed as of the day and year first above written.
FIRST CITY WASHIN TON, INC.
C
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Its � ,�.�
By
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� STATE OF WASHINGTON ) y������`�
� ) ss.
�.{ COUNTY OF KING )
M r�C.1
�2 On this � day of j��(�-�.1 , 1989, before me, the
� undersigned, a Notary Public in and for the State of Washington,
0 duly commissioned and sworn personally appeared {ri�t c 1 I r i��r���1
� and y��l�rr �,�'1!II���' , known to me to be the V�Ci �G'��1�1 ^��ri�
and 1.;,�! (�+-��-.i�� ��'�-r- of First City Washington, Inc. , the
corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary
act and - deed of said corporation, for the purposes therein
mentioned, and on oath stated that they were authorized to
execute said instrument.
I certify that I know or have satisfactory evidence that the
persons appearing before me and making this acknowledgment are
the persons whose true signatures appear on this document.
WITNESS my hand and official seal hereto affixed the day and
year in the certificate above written.
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NOTARY PUBLIC in and for the St�te� E���:,'s'��
Washington, residing at� f`� �. '��j �i:~ '_.
My commission expires �=' :=7=�-�i�i '�^:�� `�'i,'�; :
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Legal Description:
That portion of Lot 2, City of Renton lot line adjustment no.
001-86, as filed under Recorder' s no. 8609179004, records of
King County, Washington, lying South of Southwest Seventh Street
and East of Oakesdale Avenue Southwest, as deeded to the City of
Renton by Deed filed under Recorder' s numbers 8702100643,
8702100644 and 8704091071, records of said County.
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