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�` RIVER RIDGE
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COVENANTS, CONDITIONS, & RESTRICTIONS
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� DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS, AND EASEMENTS FOR RIVER RIDGE
DESCRIPTION OF DECLARATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE 1 - DEFINITION S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1.1 - Architectural Control Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1.2 - Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1.3 - Association Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section1.4 - Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 1.5 - Building Setback Line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 1.6 - Common Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 1.7 - Declarant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
� Section 1.8 - Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
� Section 1.9 - Development Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 �
� Section 1.10 - Governing Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
� Section 1.11 - River Ridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
� Section 1.12 - Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 '
C'! Section 1.13 - Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
� Section 1.14 - Native Growth Protection Easement . . . . . . . . . . . . . . . . . . . . . . . . . 3
� Section 1.15 - Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 1.16 - Participating Builder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 i
Section1.17 - Phase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 1.18 - Single Family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 1.19 - Supplementary Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section1.20 - Tract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE 2 - RIVER RIDGE HOMEOWNERS ASSOCIATION . . . . . . . . . . . . . . . . . . 4
Section 2.1 - Description of Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 2.2 - Association Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 2.3 - Votes Appurtenant to Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 i
Section 2.4 - Initial Number of Votes; Additional Phases . . . . . . . . . . . . . . . . . . . . 4 �
Section 2.5 - Owner's Compliance with Governing Documents . . . . . . . . . . . . . . 4
Section 2.6 - Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 2.7 - Architectural Control Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 2.7.1 - Jurisdiction and Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 2.7.2 - Approval Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
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� � Section 2.7.3 - Failure of Committee to Take Action . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 2.7.4 - Committee's Obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 2.7.5 - Exemptions and Variances from Committee . . . . . . 6
Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2.7.6 - Failure of Owner to Comply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE 3 - ASSOCIATION BUDGET, ASSESSMENTS, AND LIENS . . . . . . . . . 6
Section 3.1 - Owner's Covenants to Pay Assessments . . . . . . . . . . . . . . . . . . . . . . 6
Section 3.2 - Association Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 3.3 - Levy of General Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 3.4 - Payment of General Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
� Section 3.5 - Nondiscriminatory Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
� Section 3.6 - Commencement of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
� Section 3.7 - Certificates of Assessment Payment . . . . . . . . . . . . . . . . . . . . . . . . . . 8
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� Section 3.8 - Special Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
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Ln Section 3.9 - Effect of Nonpayment of Assessment . . . . . . . . . . . . . . . . . . . . . . . . . 8
� Section 3.10 - Lien to Secure Payment of Assessments . . . . . . . . . . . . . . . . . . . . . 8
� Section 3.11 - Suspension for Nonpayment of Assessment . . . . . . . . . . . . . . . . . 9
Section 3.12 - Resenres for Replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
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� Section 3.13 - Certain Areas Exempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ARTICLE 4 - SUBORDINATION OF LIENS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 4.1 - Intent of Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 4.2 - Mortgagee's Nonliability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 4.3 - Mortgagee's Rights During Foreclosure . . . . . . . . . . . . . . . . . . . . . . . 9
Section 4.4 - Mortgagee as Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 4.5 - Mortgagee's Title Free and Clear of Liens . . . . . . . . . . . . . . . . . . . . 10
Section 4.6 - Survival of Assessment Obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 4.7 - Subordination of Assessment Liens . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE 5 - USE COVENANTS, CONDITIONS, AND RESTRICTIONS . . . . . . . 10
Section 5.1 - Authorized Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 5.2 - Approval of Building or Clearing Plans Required . . . . . . . . . . . . 10
Section 5.2.1 - Building Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 5.2.2 - Building Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 5.2.3 - Landscaping and Fencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 5.2.4 - Floor Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 5.2.5 - Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
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' � Section 5.2.6 - Driveways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 5.2.7 - Yard Lamps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 5.3 - Leasing Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section5.4 - Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 5.5 - Commercial Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
� Section5.6 - VehicleStorage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • • • - • • • • 12
Section 5.7 - Garbage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 5.8 - Utilities Underground . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 5.9 - Mining Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 5.10 - Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 '
� Section 5.11 - No Obstruction of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
� Section 5.12 - Antennae 13
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O Section 5.13 - Owners' Maintenance Responsibilities . . . . . . . . . . . . . . . . . . . . . . 13
� Section 5.14 - Nuisances Prohibited 13
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� Section 5.15 - Relief from Certain provisions 13 '
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� ARTICLE 6 - COMMON AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 6.1 - Maintenance of Common Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 7 - INSURANCE: CASUALTY LOSSES; CONDEMNATION . . . . . . . . 14
Section 7.1 - Insurance Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 7.1.1 - General comprehensive liability insurance . . . . . . . . . . . . . . . . . 14
Section 7.1.2 - Other Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 8 - ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 8.1 - Right to Enforce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 8.2 - Remedies Cumulative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 8.3 - Covenants Running with the Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE 9 - AMENDMENT AND REVOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
, Section 9.1 - Amendment by Declarant or Association . . . . . . . . . . . . . . . . . . . . . . 15
Section 9.2 - Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
' ARTICLE 10 - GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 10.1 - Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 10.2 - Transfer of Certain Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 10.3 - Non-Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
� Section 10.4 - Attorneys' Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
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Section 10.5 No Abandonment of Obligation . . . . . . . . . . . . . . . . . . . . . .
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� Section 10.6 - Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 10.7 - Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 10.8 - Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 10.9 - Applicable Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
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,� • � ' � DECLARATION OF COVENANTS, CONDITIONS,
1 RESTRICTIONS, AND EASEMENTS FOR RIVER RIDGE
THIS DECLARATION is made on this��day of �+. , 19�3,, by the undersigned
("Declarant") who is the owner of certain real property situated in the State of Washington, located in
Section 17, Township 23 North, Range 5 East,W.M., in King County, and known as Lots 1-13 of the
Plat of River Ridge recorded in King County Washington under Vol. 163 of plats, pages 99-101.
DESCRIPTION OF DECLARATION
Declarant desires to develop River Ridge as a residential community. Declarant also desires to provide
for the maintenance of landscaping, fencing, and related items, and also for maintenance of the Storm
Water Retention Facility and Bio Filtration swale until such time as the City of Renton adopts an
ordinance providing for public maintenance of said facilities, and to provide for the preservation of the
natural values in River Ridge.
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� This Declaration establishes a plan for the private ownership of lots and the buildings constructed
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Q thereon, for the dedication of certain areas to municipal corporations, and for the bene�cial maintenance
� through a nonprofit corporation of all the remaining land and related easements, hereafter defined and
� referred to as the "Common Areas." The nonprofit corporation is the RNER RIDGE HOMEOWNERS
p ASSOCIATION ("Association"), to which sha11 be delegated and assigned the duties and powers of
� maintaining and administering the Common Areas, administering and enforcing these covenants,
conditions, and restrictions, and collecting and disbursing the assessments and charges hereinafter
created.
NOW,THEREFORE,Declarant hereby covenants, agrees, and declares that a11 of Riv�r Ridge, as
defined herein and described in Exhibit A hereto, and the buildings and structures hereafter constructed
thereon are and will be held sold and conve ed sub'ect to and burdened b the followin covenants,
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conditions, restrictions, and easements, all of which are for the purpose of enhancing and protecting the
value,desirability, and attractiveness of River Ridge for the benefit of the Owners thereof, their heirs,
successors, grantees, and assigns. All provisions of this Declaration shall be binding upon a11 parties
having or acquiring any right, title, or interest in River Ridge or any part thereof, and shall inure to the
benefit of the Owners thereof and to the bene�t of the Association and are intended to be and shall in all
respects be regarded as covenants running with the land.
ARTICLE 1 -DEFINITIONS
Section 1.1 - Architectural Control Committee
"Architectural Control Committee" shall mean and refer to the duly appointed Committee of the
Association as further described in Section 2.7 and as sometimes referred to herein as the"Committee."
Section 1.2 - Association
"Association" shall mean and refer to the River Ridge Homeowners Association, a Washington
nonprofit corporation, its successors and assigns.
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� , • � Section 1.3 -Association Action I',
, "Association Action" (ACE) shall mean and refer to a written corporate action of the Association in the
form of either a bylaw or resolution duly passed by either the Board or the Owners.
Section 1.4- Board
"Board" shall mean and refer to the board of directors of the Association.
Section 1.5 -Building Setback Line
"Building Setback Line" shall mean and refer to the various lines designated as "BSBL" on the face of the
final plat, short plat, or other analogous recorded plan or map, beyond which no structures, filling,
grading or other obstructions axe permitted as set forth in Section 5.2 hereof.
SecNon 1.6- Common Areas
"Common Areas" sha11 mean and refer to all easements, and Tracts and any improvements thereto that
are owned or maintained by the Association, for the benefit of the Lot Owners, and subjected to this
Declaration by an appropriate recording. Tracts reserved for access to a particular Lot or Lots and not
owned by the Association shall not be considered part of the Common Areas. The Common Areas in
� River Ridge are listed in Exhibit B which is attached hereto and incorporated herein by this reference. The
� Declarant may add to the Common Areas during the Development Period by recording an amendment to
O this Declaration or by recording a Supplementary Declaration.
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(1t Section 1.7- Declarant
O "Declarant" shall mean and refer to LAKERIDGE DEVELOPMENT, INC. , a Washington corporation,
� its successors and assigns if such successors or assigns should acquire all or substantially all of the then
� undeveloped portions of River Ridge from. Declarant for the purpose of development(excluding
Participating Builders).
5ection 1.8- Declaradon
"Declaration" shall mean and refer to this instrument, as the same may be supplemented or amended from
time to time.
Section 1.9- Development Period
"Development Period" shall mean and refer to that period of time beginning on the date of this
Declaration and ending whenever any of the following first occurs:
(i)4 years from the date hereof; or
(ii)upon receipt of written notice from Declarant to the Association in which Declarant
elects to terminate the Development Period.
Section 1.10- Governing Documents
"Governing Documents" shall mean and refer to this Declaration, Supplementary Declarations, and the
Articles of Incorporation,Bylaws of the Association,rules and regulations, and rules and procedures of
the Architectural Control Committee as any of the foregoing may be amended from time to time.
Section 1.11 - River Ridge
"River Ridge" sha11 mean and refer to that certain real propeRy known as "River Ridge" which is legally
described on Exhibit A attached hereto, and such additions thereto as may hereafter be brought within the
terms and conditions hereof by an appropriate recording.
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, ' • Section 1.12- Lot
"Lot" shall mean and refer to any legally segmented and alienable portion of River Ridge created through
subdivision or any other legal process for dividing land and subjected to this Declaration by an
appropriate recording, with the exception of dedicated rights of way and Tracts designated as Common
Areas or reserved for access to a particular Lot or Lots.
' Section 1.13- Mortgage
"Mortgage" sha11 mean and refer to any recorded mortgage or deed of trust encumbering one or more of
the Lots. "First Mortgage" shall mean and refer to a Mortgage with priority over other Mortgages.
"Mortgagee" shall mean and refer to the holder or beneficiary of any MoRgage and shall not be limited to
Institutional Mortgagees. As used herein, the term "Institutional Mortgagee" or "Institutional Holder"
shall include banks,trust companies,insurance companies,mortgage companies, mortgage insurance
companies, savings and loan associations,trusts, mutual savings banks,credit unions, pension funds,
Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, a11 corporations,
, and any agency or department of the United States Government or of any state or municipal government.
5ection 1.14- Native Growth Protection Easement
"Native Growth Protection Easement" sha11 mean and refer to an area in a Lot or Tract so designated on
the final plat, short plat, or other analogous recorded plan or map, in which the removal of trees and
significant natural ground cover, as well as the conduct of other activities, are restricted pursuant to the
�, � provisions of Article 5 herein.
� Section 1.15 - Owner
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� "Owner" shall mean and refer to the record owner(whether one or more persons or entities) of a fee
� interest in any Lot, including the Declarant and Participating Builders but excluding Mortgagees or other
� persons or entities having such interest merely as security for the performance of any obligation.
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� Section 1.16- Participating Builder
"Participating Builder" shall mean and refer to a person or entity that acquires a portion of River Ridge
for the purpose of improving such portion for resale to individual Owners.
5ection 1.17 -Phase
"Phase" sha11 mean and refer to any portion of River Ridge that is subject to this Declaration from time to
time by Declarant by an appropriate recording.
Section 1.18- Single Family
"Single Family" shall mean and refer to a single housekeeping unit that includes not more than 4 adults
who are legally unrelated.
Section 1.19 - Supplementary Declarallon
"Supplementary Declaration" sha11 mean and refer to any recorded declaration of covenants,conditions,
restrictions and easements which extends the provisions of this Declaration to a Phase.
5ection 1.20- Tract
"Tract" shall mean and refer to any legally segmented and alienable portion of River Ridge created
through subdivision or any other legal process for dividing land and subjected to this Declaration by an
appropriate recording, with the exception of Lots and dedicated rights of way.
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� �RTICLE 2 -RIVER RIDGE HOMEOWNERS ASSOCIATION
Section 2.1 -Description of Association
The Association is a nonprofit corporation organized and existing under the Laws of the State of
Washington charged with the duties and vested with the powers prescribed by law and set forth in the
Governing Documents, as they may be amended from time to time; provided, however,that no
Governing Documents other than this Declaration shall f�t any reason by amended or otherwise changed
or interpreted so as to be inconsistent with this Declaration.
Section 2.2-Association Board
During the Development Period the Declarant sha11 manage the Association and shall have all the powers
of the Board set forth herein. The Declarant may,from time to time, select a temporary board of not
fewer than 3 persons who need not be Owners to manage the Association during the Development
Period. The temporary board shall have the full authority to manage the Association under the
Governing Documents and shall be subject to all provisions of the Governing Documents; provided that,
after selecting a temporary board, Declarant may at any time terminate the temporary board and reassume
its management authority under this Section 2.2 or select a new temporary board. Upon termination of
the Development Period, the terms of the temporary Board selected by the Declarant,if any, shall
terminate and the Board shall manage the Association as provided herein. The Board shall be elected
� from among the Owners, as provided in the Bylaws of the Association. The Board shall elect officers of
' � the Association from among the Board members, which sha11 include a president who sha11 preside over
'� meetings of the Board and meetings of the Association.
O
�
C� Section 2.3 -Votes Appurtenant to Lots
� Every Owner sha11 be a member of the Association and shall be entitled to cast one vote in the
� Association for each Lot owned. A vote shall be appurtenant to and held and owned in the same manner
C'7
� as the beneficial fee interest in the Lot to which it relates. A vote shall not be separated from ownership
of the Lot to which it relates; provided,however, that when more than one entity holds the beneficial fee
interest in any Lot,the vote therefor shall be cast as the Owners among themselves determine, but in no
event shall more than one vote be cast with respect to any Lot; and if the several Owners of a Lot are
unable to agree as to the casting of their vote, such vote shall not be counted. If a Lot is further
subdivided as provided in Section 5.1 hereof, the Owner of each additional Lot created shall be entitled to
one vote in the Association for each Lot owned.
Section 2.4-Inidal Number of Votes; Additional Phases
From the commencement of the existence of the Association„ there shall be a total of 12 outstanding
votes in the Association. During the Development Period,the Declarant shall be entitled to cast 12 votes,
less one vote for each Lot then owned by an Owner other than Declarant. Upon the addition of
additional Phases to River Ridge during the Development Period as provided in Section 9.1 hereof, the
number of votes in the Association shall be adjusted to reflect the increased number of Lots, and
Declarant sha11 be entitled to cast all such votes,less one for each such Lot owned by an Owner other
than the Declarant.
Section 2.5 - Owner's Compliance with Governing Documents
By acceptance of a deed to a Lot, (recording of a real estate contract conveying title to a Lot), or any
other means of acquisition of an ownership interest, the Owner thereof covenants and agrees, on behalf of
4
' himself and his heirs, successors, and assigns,to observe and comply with all terms of the Governing
Documents and all rules and regulations duly promulgated pursuant to Association Action.
Section 2.6- Rules and Regulations
The Board on behalf of the Association shall have the power to adopt, modify, and amend rules and �
regulations governing the use of River Ridge, provided that such rules and regulations shall not be
inconsistent with this Declaration. The rules and regulations shall apply uniformly to all Owners, except
as specifically provided herein. The Board shall have the power to enforce the rules and regulations on
behalf of the Association and may prescribe penalties for the violation of such rules and regulations,
including but not limited to suspension of the right to use the Common Areas or portions thereof. Any
such rules and regulations shall become effective 30 days after promulgation and shall be mailed to all
Owners prior to their effective date. A copy of the rules and regulations then in force sha11 be retained by
the secretary of the Association. The Declarant on behalf of the Board may adopt the initial rules and
regulations.
Section 2.7-Architectural Control Committee
Within thirty(30) days of the execution of this Declaration, Declarant shall appoint an Architectural
Control Committee of three (3) or more persons. The members of the Committee need not be members
of the Association. One member of the Committee shall be appointed for a term of one (I) year, one
member shall be appointed for a term of two (2) years, and the third member shall be appointed for a term
� of three (3) years. Thereafter,members of the Committee shall be appointed for three-year terms. After
� termination of the Development Period,the Board shall appoint members to the Committee, who need
�d'
Q not be members of the Association, as vacancies occur.
�
� Section 2.7.1 -Jurisdiction and Purpose
�
p The Committee shall review proposed plans and specifications for construction of all residences and other
� structures within River Ridge, and including any additions,exterior alterations, landscaping,clearing,
painting and excavation. The Owner shall submit architectural and landscaping plans and specifications
to the Committee for its review, together with a site plan for the Lot,including location and type of
fencing.
Secdon 2.7.2 -Approval Procedures
An application for approval must be submitted in writing by the Owner to the Committee at the registered
office of the Association. The Committee sha11 review the application in accordance with the provisions
of this Section 2.7 as soon as possible after a complete application has been filed. The decision of a
majority of the members of the Committee shall be the decision of the Committee. One copy of approved
plans will remain in the Committee's files. All disapproved plans will be returned to the Owner.
Section 2.7.3 - Failure of Committee to Take Action
Except as provided in Section 2.7.5 below,in the event that the Committee fails to respond to an Owner's
complete and properly submitted application within twenty (20) days after the Committee has notified the
Owner that the application is complete, formal written approval will not be required, and the provisions
for approval shall be deemed to have been fully complied with, provided that the minimum requirements
as set forth herein have been met.
Section 2.7.4- Committee's Obligation
The Committee, in its deliberations and in the discharge of its obligations hereunder,shall act objectively
and fairly in making decisions concerning various plans, specifications,plot plans and landscape plans
5
� ' s�bmitted to it by various Owners for consideration in accordance with the provisions of this Declaration.
.� Further, the determinations of the Committee as to noncompliance sha11 be in writing, signed by the
Committee, and shall set forth in reasonable detail the reason for noncompliance. The Committee may
approve, approve with conditions, or disapprove an application or any part thereof. In all cases, the
ultimate responsibility for satisfying all local building codes and governmental requirements rests with the
Owner. The Committee shall be held harmless from building requirements not complied with.
Secdon 2.7.5 - Exemptions and Variances from Committee Requirements
The Committee may, upon application, grant exemptions and variances from the rules and procedures of
the Committee and the requirements of this Declaration when the party requesting such exemption or
variance establishes to the satisfaction of the Committee that the improvement or other matters which are
desired by the applicant are aesthetically as appealing, suited to climatic conditions, and compatible with
the overall character of the development as are similar improvements or matters which conform to the
requirements of this Declaration. Requests for an exemption or variance shall be submitted in writing
to the Committee and shall contain such information as the Committee shall from time to time require.
The Committee shall consider applications for exemption or variance and shall render its decisions within
thirty (30) days after notice to the Owner of proper submission. The failure of the Committee to approve
an application for an exemption or variance shall constitute disapproval of such application.
� Section 2.7.6- Failure of Owner to Comply
�, Failure of the Owner to comply with the rules and procedures of the Committee or the final application as
� approved by the Committee shall, at the election of the Association's Board exercised after thirty (30)
� days written notice to such Owner, constitute a violation of this Declaration. In that event,the Board
� shall be empowered to assess a penalty commensurate with the violation which shall constitute a lien
� against such Lot,enforceable as provided herein and/or pursue any other remedy at law including, but not
� limited to an action for specific performance.
G�
ARTICLE 3-ASSOCIATION BUDGET, ASSESSMENTS,AND LIENS
Section 3.1 - Owner's Covenants to Pay Assessments
By acquisition of any ownership interest in a Lot,the Owner thereof covenants and agrees thereby, on
behalf of himself and his heirs,successors,and assigns, to pay the Association,in advance, all general and
specific assessments levied as provided herein.
Section 3.2- Association Budget
The Association shall prepare, or cause the preparation of, an operating budget for the Association at
least annually,in accordance with generally accepted accounting principles.The operating budget shall
set forth all sums required by the Association, as estimated by the Association, to meet its annual costs
and expenses,including but not limited to all management and administration costs, operating and
maintenance expenses of the Common Areas, and services furnished to or in connection with the
Common Areas,including the amount of all ta�ces and assessments levied against, and the cost of liability
and other insurance on,the Common Areas, and including charges for any services furnished by or to the
Association; the cost of utilities and other services; and the cost of funding all reserves established by the
Association.The funds required to meet the Association's annual expenses shall be raised from a general
assessment against each Owner as provided hereafter. The Association may revise the operating budget
after its preparation at any time and from time to time, as it deems necessary or advisable in order to take
into account and defray additional costs and expenses of the Association.
6
. • .
Section 3.3- Levy of General Assessment
In order to meet the costs and expenses projected in its operating budget, the Association shall by
Association Acrion determine and levy in advance on every Owner a general assessment. The amount of
each Owner's general assessment shall be the amount of the Association's operating budget divided by the
sum of the number of Lots. The Association shall make reasonable efforts to determine the amount of
the general assessment payable by each Owner for an assessment period at least 30 days in advance of the
beginning of such period and shall at that time prepare a roster of the Owners and the general assessment
allocated to each,which sha11 be open to inspection by any Owner upon reasonable notice to the
Association. Notice of the general assessment shall thereupon be sent to each Owner; provided,
however, that notification to an Owner of the amount of an assessment shall not be necessary to the
validity thereo£ The omission by the Association, before the expiration of any assessment period, to fix
the amount of the general assessment hereunder for that or the next period, shall not be deemed a waiver
or modification in any respect of the provisions of this Article or a release by any Owner from the
obligation to pay the general assessment, or any installment thereof,for that or any subsequent
assessment period, but the general assessment fixed for the preceding period sha11 continue until a new
assessment is fixed. Upon any revision by the Association of the operating budget during the assessment
period for which such budget was prepared, the Association shall,if necessary, revise the general
assessment levied against the Owners and give notice to each Owner.
�
� Section 3.4-Payment of General Assessment
� Upon Association Action,installments of general assessments may be collected on a monthly, quarterly,
� semiannual, or annual basis. Any Owner may prepay one or more installments on any assessment levied
� by the Association without penalty.
O
� Section 3.5 - Nondiscriminatory Assessment
� Except as provided Section 5.15 hereof, no assessment shall be made at any time which may
unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners.
However, a special assessment may be made against a particular Owner by a two-thirds majority vote of
the Board if, after notice from the Association of failure to maintain such Lot in a condition comparable
to the other Lots has been given, the Association elects to expend funds to bring such Owner's Lot up to
such comparable standard.
Secdon 3.6- Commencement of Assessments
Liability of an Owner for assessments shall commence on the first day of the month following the date
upon which any instrument of transfer to such Owner becomes operative (such as the date of a deed or
the date of a recorded real estate contract for the sale of any Lot or, if earlier, the first day of the calendar
month following Owner's occupancy of such Lot); provided,however,that a Participating Builder shall
not be liable for any assessments with respect to a Lot acquired from Declarant for a period of one year
from the date of acquisition. The Declarant,its successors and assigns, shall not be liable for any
assessments with respect to any Lot unless such Lot is occupied. The Association may in its rules and
regulations provide for an administratively convenient date for commencement of assessments that is not
more than 90 days after the effective date established above. The due dates of any special assessment
payments shall be fixed by the Association Action authorizing such special assessment.
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� ,' � 5ection 3.7- Certificates of Assessment Payment
� Upon request, the Board shall furnish written certificates certifying the extent to which assessment
payments on a specified Lot are paid and current to the date stated therein. A reasonable charge may be
made by the Association for the issuance of such certificate.
Section 3.8 - Special Assessments
In addition to the general assessments authorized by this Article, the Association may, by Association
Action, levy a special assessment or assessments at any time, applicable to that year only,for the purpose
of defraying,in whole or in part, the cost of any construction or reconstruction, inordinate repair, or
replacement of a capital improvement located upon or forming a part of the Common Areas, including
necessary fuctures and personal property related thereto, or for such other purpose as the Association
may consider appropriate; provided, however, that any such special assessment in excess of$250 per Lot
must have the prior favorable vote of two-thirds of the Owners.
Section 3.9- Effect of Nonpayment of Assessment
If any assessment payment is not made in full within 30 days after it was first due and payable,the unpaid
amounts shall constitute a lien against the Lot assessed and sha11 bear interest from such due date at a rate
� set by the Board in its rules and regulations which sha11 not exceed the highest rate then permitted by law.
� By acceptance of a deed to a Lot, recording of a real estate contract therefor, or any other means of
� acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other
�� 0 instrument,each Owner sha11 be deemed to grant thereby to the Association, its agents and employees,
� and to Declarant during the Development Period, the right and power to bring all actions against such
tn Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this
I � Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action
� as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this
Declaration shall be for the benefit of the Association, and the Association sha11 have the power to bid at
any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against.
Section 3.10- Lien to Secure Payment of Assessments
li n in favor of the
, Declarant hereb creates in the Association e etuall the ower to create a e
Y P rP Y P
' Association against each Lot, to secure to the Association the payment to it of all assessments, interest,
costs, and attorneys'fees; and Declarant hereby subjects all Lots perpetually to such power of the
Association. Such lien shall arise in accordance with the terms of this Declaration without the necessity of
any further action by the Association, and any such lien when created,shall be a security interest in the
nature of a mortgage in favor of the Association. Such lien shall become a continuing lien in the amount
stated in the assessment from the time of the assessment, but expiring pro rata as the assessment
payments are made, and sha11 also be the personal obligation of the person or entity who is the Owner of
the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to
successors in interest unless expressly assumed by them; provided, however,that in the case of a sale or
contract for the sale of any Lot which is charged with the payment of an assessment,the person or entity
who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of
the monthly installments due prior to said date, and the new Owner shall be personally liable for monthly
installments becoming due on or after such date. The foregoing limitation on the duration of the personal
obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the
continuing lien for unpaid assessments against the respective Lot.
8
• ' �Section 3.11 - Suspension for Nonpayment of Assessment
If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of
the performance of any terms of the Governing Documents of the Association for a period of 30 days,
said Owner's voting rights shall without the necessity of any further action by the Association, be
suspended(except as against foreclosing secured parties) and sha11 remain suspended until all payments,
including interest thereon, are brought current and any other default is remedied. No Owner is relieved
of liability for assessments by nonuse of the Common Areas or by abandonment of a Lot.
Section 3.12- Reserves for Replacement
As a common expense, the Association sha11 establish and maintain a reserve fund for replacement of the
Common Areas and any improvements thereon. Such fund shall be deposited with a banking institurion.
The reserve fund shall be expended only for the purpose of effecting the replacement of the Common
Areas and any improvements and community facilities thereon, major repairs to the Welcome Lake dam,
and to any sidewalks, parking areas, or pathways developed as a part of River Ridge, equipment
replacement, and for operating contingencies of a nonrecurring nature. The Association may establish
such other reserves for such other purposes as it may from tune to time consider to be necessary or
appropriate. The proportional interest of any Owner in any such reserves shall be considered an
� appurtenance of his Lot and shall not be separately withdrawn, assigned, or transferred from the Lot to
a, which it appertains.
O
� Section 3.13 - Certain Areas Exempt
The Tracts and all portions of River Ridge dedicated to and accepted by the City of Renton or other
O� ublic authori shall be exem t from assessments by the Association.
P tY P
�
�
ARTICLE 4- SUBORDINATION OF LIENS
Section 4.1 - Intent of Provisions
The provisions of this Article 4 apply for the benefit of each Mortgagee who lends money for purposes of
f urchase rice of a Lot.
construct�on or to secure the payment o the p p
Section 4.2- Mortgagee's Nonliability
The holder of a Mortgage sha11 not,by reason of its security interest only, be liable for the payment of any
assessment or charge,nor for the observance or performance of any covenant or restriction, excepting
only those enforceable by equitable relief and not requiring the payment of money, and except as
hereafter provided.
Section 4.3- Mortgagee's Rights During Foreclosure
During foreclosure of a Mortgage, including any period of redemption, the holder of the Mortgage may
exercise any or a11 of the rights and privileges of the Owner of the encumbered Lot, including but not
limited to the right to vote in the Association to the exclusion of the Owner's exercise of such rights and
privileges.
Section 4.4- Mortgagee as Owner
At such time as a Mortgagee shall become the record Owner of the Lot previously encumbered by the
Mortgage,the Mortgagee sha11 be subject to all of the terms and conditions of this Declaration,including
the obligation to pay for a11 assessments and charges in the same manner as any Owner.
9
�
' . . '
,' , Section 4.5- Mortgagee's Title Free and Clear of Liens
� A Mortgagee or other secured party acquiring title to a Lot through foreclosure,deed in lieu of
foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien
authorized by or arising out of the provisions of this Declaration,insofar as such lien secures the payment
of any assessment due but unpaid before the final conclusion of any such proceeding,including the
expiration date of any period of redemption. The Association may treat any unpaid assessments against a
Lot foreclosed against as an expense of the Association pursuant to Section 3.2.
5ection 4.6 - Survival of Assessment Obligation
After the foreclosure of a security interest in a Lot, any unpaid assessments sha11 continue to exist and
remain as a personal obligation of the Owner against whom the same was levied, and the Association
shall use reasonable efforts to collect the same from such Owner.
Section 4.7- Subordination of Assessment Liens
The liens for assessments provided for in this Declaration shall be subordinate to the lien of any first
Mortgage or other security interest placed upon a Lot as a construcrion loan security interest or as a
purchase price security interest, and the Association will,upon demand, execute a written subordination
Q� document to confirm such priority. The sale or transfer of any Lot or of any interest therein shall not
� affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in
0 the case of a transfer of a Lot for purposes of realizing a security interest,liens sha11 arise against the Lot
� for any assessment payments coming due after the date of completion of foreclosure.
n?
p ARTICLE 5- USE COVENANTS, CONDITIONS,AND RESTRICTIONS
�
� �
Section 5.1 -Authorized Uses
Lots in River Ridge sha11 be used solely for residential purposes and related facilities normally incidental
to a residential community. During the Development Period, no Lot shall be further subdivided without
Declarant's prior written approval. Thereafter, no Lot sha11 be further subdivided, except as permitted in
this Declaration and any Supplemental Declaration, without prior approval conferred by Association
Action.
Section 5.2-Approval of Building or Clearing Plans Required
No building, fence, deck,patio, wa11,kennel, or other structure shall be commenced, erected, or
maintained upon a Lot or any other portion of River Ridge, nor shall any exterior additional to or change
or alteration therein be made, nor shall a Lot be cleared or excavated for use, nor shall any tree of 12
inches or more in diameter on any Lot, measured one foot above ground level, be cut, until after the
details and written plans and specifications showing the nature, kind, shape, height, materials, colors,
and location of the same shall have been submitted to and approved in writing by the Architectural
Control Committee. Any structure so approved must be completed as to external appearance, including
finished staining, within nine (9) months after the date construction is commenced unless the
Committee elects to grant an extension. Although the Committee shall have full authority to approve or
disapprove of any specific proposal, the following restrictions shall apply to River Ridge in general:
Section 5.2.1 - Building Setbacks
No structures,filling, grading or obstruction, shall be permitted beyond the Building Setback Line, or
within any drainage easement area as shown on the face of the final plat or within any Native Growth
Protection Easement unless otherwise approved by the Committee and by the City of Renton.
10
I _ _
Section 5.2.2- Building Materials
Each home constructed on a Lot shall be built of new materials except, with approval of the Architectural
Control Committee,decorative items such as used brick, weathered planking, and similar items. All
visible masonry sha11 be native stone, brick or stucco. Composition roofs, aluminum or "T-111" siding and
aluminum window frames are not permitted. Vinyl windows and LP siding may be approved by the
committee Types and colors of exterior paint and stain must be submitted to the Committee for approval.
Section 5.2.3- Landscaping and Fencing
Front yards shall be fully landscaped within nine (9)months after the date construction of the home
commences unless extended by the Committee. Side yards and rear yards sha11 be landscaped or left in
their natural sta.te. No trees outside the building footprint which are greater than twelve (12) inches in
diameter when measured one foot above ground shall be cut without the approval of the Committee. No
fence erected within River Ridge sha11 be over six (6)feet in height. No barbed wire, chain link or
coirugated fiberglass fences shall be erected on any Lot. All fences, open and solid, are to meet the
standards set by the Committee and must be approved by the Committee prior to construction.
� Section 5.2.4- Floor Area
� Only one Single Family home not to exceed two (2) stories in height plus basement and a private garage
d'
Q shall be permitted on each Lot. If a home is built on a Lot, it must include a garage for not less than two
� (2) cars which is fully enclosed; the garage may be attached or detached (no carports). The foregoing
� provisions shall not exclude construction of a private greenhouse, storage unit, private swimming pool or
0 a shelter or porch for the protection of such swimming pool, or for the storage of a boat and/or camping
� trailer kept for personal use, provided the location of such structures is in conformity with the applicable
municipal regulations, is compatible in design and decoration with the residence constructed on such Lot
and has been approved by the Architectural Control Committee. The minimum allowable square footage
of any residence within River Ridge shall be as follows: Rambler homes shall include no less than 2,200
square feet of living space. Two story homes shall include no less than 2,500 square feet of living space.
"Living space" sha11 not include porches,decks, balconies, garages, or outbuildings. The Architectural
Control Committee may accept variances from the floor area requirements of this Subsection.
Section 5.2.5 - Contractor
No home may be constructed on any Lot by other than a contractor licensed as a general contractor
under the statutes of the State of Washington without the prior approval of the Architectural Control
committee.
Section 5.2.6- Driveways
All driveways and parking areas shall be paved with concrete, exposed aggregate concrete, or other
material approved by the Architectural Control Committee.
Section 5.2.7 - Yard Lamps
Each Owner shall install and maintain, at the sole expense of such Owner, at least one yard lamp at the
driveway entrance to the Lot for the purpose of street and driveway illumination. Said yard lamp shall be
between three (3) and five(5) feet in height above the road grade and sha11 be of a design and installation
compatible with the house design. Such lamps shall be kept lighted during all periods of darkness.
11
�
, , • ,
Section 5.3 - Leasing Restrictions
No Lot may be leased or rented by any party for a period of fewer than 30 days, nor shall less than the
whole of any Lot be leased or rented. Each lease or rental agreement shall be in writing and shall by its
terms provide that it is subject in all respects to the provisions of the Governing Documents. Any failure
by a lessee to comply with the terms of the Governing Documents shall be a default under the lease,
whether or not it is so expressed therein. Other than the foregoing, there is no restriction on the right of
any Owner to lease his Lot.
Section 5.4- Animals
No animals, livestock, or poultry of any kind shall be raised,bred, or kept on Lots less than one acre in
size; provided, however, that dogs, cats, or other conventional small household pets may be kept if they
are not kept, bred,or maintained for any commercial purposes. No domestic pet may be kept if it is a
source of annoyance or a nuisance. The Association shall have the authority to determine whether a
particular pet is a nuisance or a source of annoyance, and such determination sha11 be final and conclusive.
Pets shall be attended at all times and sha11 be registered, licensed, and inoculated from time to time as
required by law.When not confined to the Owner's Lot, pets within River Ridge must be leashed and
accompanied by a person responsible for cleaning up any animal waste.
� Section 5.5- Commercial Uses
�
, t!' No commercial enterprise,including itinerant vendors, shall be permitted on any Lot; provided, however,
� that the Association may permit specified home occupations to be conducted if such occupation will not,
� in the reasonable judgment of the Association, cause traffic congestion or other disruption of the River
�
� Ridge community; and provided further that no signs or advertising devices of any character shall be
� permitted.
� Section 5.6- Vehicle Storage
No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment
or device sha11 be permitted in open view from any Lot, except this shall not exclude temporary (less than
24 hours) parking of vehicles on the designated driveway areas adjacent to garages on the Lots. Upon 48
hours notice to the owner of an improperly parked or stored vehicle, boat, or other equipment, the
Association has authority to have removed at the Owner's expense any such items visible from the street
that are parked on any Lot or within the public right-of-way for more than 24 hours.
Section 5.7- Garbage
No garbage,refuse, or rubbish shall be deposited or left in River Ridge, unless placed in a suitable
covered container. Trash and garbage containers sha11 not be permitted to remain in public view except
on days of trash collection. No incinerator shall be kept or maintained, and no burning of any trash,
refuse, or scrap of any kind sha11 be permitted.
Section 5.8-Utilities Underground
Except for hoses and the like which are reasonably necessary in connection with normal lawn
maintenance, no water pipe,sewer pipe, gas pipe,drainage pipe,telephone, power, or television cable, or
similar transmission line shall be installed or maintained above the surface of the ground.
Section 5.9- Mining Prohibited
No portion of River Ridge shall be used for the purpose of boring, mining, quarrying, or exploring for or
removing oil or other hydrocarbons, minerals, gravel, or earth.
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I ___
. . � .
Section 5.10 - Signs
Except for entrance, street, directional, traffic control, and safety signs, and such promotional signs as
may be maintained by Declarant and participating Builders, or agents or contractors thereof, or the
Association, no signs or advertising devices of any character shall be posted or displayed in River Ridge;
provided, however, that one temporary real estate sign not exceeding 10 square feet in area may be
erected upon any Lot or attached to any residence placed upon the market for sale or lease. Any such
temporary real estate sign shall be removed promptly following the sale or rental of such Lot or
residence. Political signs shall be allowed provided they are removed immediately after the election for I,
which they were intended.
SecNon 5.11 - No Obstruction of Easements
No structure, planting, or other material shall be placed or permitted to remain upon River Ridge which
may damage or interfere with any easement or the installation or maintenance of utilities, or which may
unreasonably change, obstruct, or retard direction or flow of any drainage channels. No decorative
planting, structure or fence may be maintained within an easement area unless specifically approved by
the Architectural Control Committee.
Section 5.12-Antennae
� No external short-wave or citizens' band antennae, freestanding antenna towers, or satellite reception
a, dishes of any kind shall be permitted in River Ridge. All television and/or FM radio antennae must be
0 physically attached to a structure and must comply with applicable governmental standards and guidelines
� and any Association rules and regulations.
0 Section 5.13- Owners' Maintenance Responsibilities
� The maintenance,upkeep, and repair of individual Lots and homes shall be the sole responsibility of the
individual Owners thereof, and in no way shall it be the responsibility of the Association,its agents,
officers or directors. Owners shall maintain their Lots and homes in good repair and in a clean, sightly,
and sanitary condition at all times.Without limitation as to the foregoing, each Owner shall be obligated
to keep his Lot and home in a clean, sightly and sanitary condition and maintain the landscaping on his
Lot in a healthy and attractive state and in a manner comparable to that on the other Lots in River Ridge.
No storage of firewood shall be permitted in front yards. After thirty (30) days' written notice to an
Owner from the Association of such Owner's failure to so maintain his home or Lot, and after approval of
a two-thirds majority vote by the Board or other Association committee to which such oversight
responsibility shall have been delegated,the Association shall have the right, through its agents and
employees, to enter upon any Lot which has been found to violate the foregoing standards in order to
restore the home or Lot to such standards. The cost of such work shall be a special assessment on such
Owner and his Lot only.
Section 5.14- Nuisances Prohibited
No noacious or offensive activity sha11 be conducted in any portion of River Ridge,nor shall anything be
done or maintained therein in derogation or violation of the laws of the State of Washington, King
County, or any other applicable governmental entity. Nothing shall be done or maintained on any portion
of River Ridge which may be or become an annoyance or nuisance to the neighborhood or detract from
the value of the River Ridge community. The Association shall determine by Association Action whether
any given use of a Lot or living unit unreasonably interferes with the rights of the other Owners to the use
I and enjoyment of their respective Lots and Living Units, or of the Common Areas, and such
determination shall be fmal and conclusive.
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, . � ' � .
. �
` Section 5.15- Relief from Certain provisions
In'cases where an Owner has made a factual showing that strict application of the provisions of Sections
5.4, 5.5, 5.6, 5.10, and 5.12 only of this Article (regulating animals,commercial uses,vehicle storage,
signs and antennae, respectively) would work a severe hardship upon him,the Board by Association
Action may grant the Owner relief from any of such provisions; provided, however,that such relief shall
be limited by its scope or by conditions to only that necessary to relieve the hardship; and provided
further, that no such relief shall be granted if the condition thereby created would in the reasonable
judgment of the Board violate the provisions of Section 5.14 of this Article. The decision of the Board in
granting or denying such relief sha11 be final and conclusive.
ARTICLE 6- COMMON AREAS
Section 6.1 - Maintenance of Common Areas
The Association shall maintain, repair, replace, improve, and otherwise manage all of the Common Areas
so as to keep them in good repair and condition and sha11 conduct such additional maintenance, repair,
replacement, construction, or reconstruction as may be determined pursuant to Association Action to
romote the recreation health safe and welfare of the Owners. An action necess or a ro riate to
p , , tY, Y �' PP P
� the maintenance and upkeep of the Common Areas and improvements thereon.
�
O ARTICLE 7 - INSURANCE: CASUALTY LOSSES; CONDEMNATION
�
� Section 7.1 -Insurance Coverage
0 The Association shall obtain and maintain at all times as an Association expense a policy or policies and
� bonds written by companies licensed to do business in Washington required to provide:
0�
Section 7.1.1 - General comprehensive liability insurance
General comprehensive liability insurance insuring the Association,the Owners, and Declarant against
any liability to the public or to the Owners and their guests,invitees,licensees, or tenants,incident to the
ownership or use of the Common Areas.
Section 7.1.2- Other Insurance
Such other insurance as the Association deems advisable.
ARTICLE 8-ENFORCEMENT
SecNon 8.1 - Right to Enforce
The Association, Declarant, or any Owner, sha11 have the right to enforce, by any appropriate proceeding
at law or in equity, all covenants,conditions,restrictions, reservations,liens, and charges now or
hereafter imposed by the provisions of this Declaration. Failure or forbearance by any person or entity so
entitled to enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a
waiver of the right to do so thereafter.
Section 8.2- Remedies Cumulative
Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of, other
remedies provided by law. There shall be, and there is hereby created, a conclusive presumption that any
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� , . • • , ' ,
, . ' .
, �
< • .
• � li'reach or attempted breach of the covenants, conditions, and restrictions herein cannot be adequately
` remedies by an action at law or exclusively by recovery of damages.
Section 8.3 - Covenants Running with the Land
The covenants, conditions,restrictions,liens,easements,enjoyment rights, and other provisions contained
herein are intended to and shall run with the land and shall be binding upon all persons purchasing,
leasing, subleasing, or otherwise occupying any portion of River Ridge,their heirs, executors,
administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in
any Lot shall be subject to this Declaration.
ARTICLE 9 - AMENDMENT AND REVOCATION
Section 9.1 -Amendment by Declarant or Association
Declarant may, on its sole signature,during the Development Period,amend this Declaration and record
one or more Supplementary Declarations to extend the provisions of this Declaration to additional Phases
which consist of adjacent real property owned by Declarant,its successors or assigns. Upon the recording
of a Supplementary Declaration,the Governing Documents shall immediately become applicable to the
real property described therein.This Declaration may also be amended at any time by an instrument
' n f r d on behalf of the Owners rovided however that such amendments
executed by the Associat�o o an ,p , ,
' shall have received the prior approval of a vote of the Owners having 60 percent of the total outstanding
� votes in the Association; and provided,further, that no such amendment shall be valid during the
� Development Period without the prior written consent of the Declazant. Notwithstanding any of the
'a'
p fore oin ,the rior written a roval of 51 percent of all Mortgagees who have requested from the
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D 1 ation
� Association not�fication of amendments shall be reqwred for any matenal amendment to the ec ar
� or the Association's Bylaws of any of the following: voting rights; assessments, assessment liens, and
11�
Q subordination of such liens; reserves for maintenance, repair,and replacement of Common Areas;
� insurance or fidelity bonds; responsibility for maintenance and repair; reallocation of interest in the
Common Areas, or rights to their use; convertibility of Lots into Common Areas or of Common Areas
into Lots; leasing of Lots other than as set forth herein; imposition of any restrictions on the right of an
Owner to sell or transfer his Lot; a decision by the Association to establish self-management when
professional management had been required previously by an eligible Mortgagee; any action to terminate
the le al status of the River Rid e Homeowners Association after substantial destruction or
g g
condemnation occurs; or any provisions which are for the express benefit of Mortgagees or eligible
insurers or uarantors of First Mort a es. ,
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Section 9.2- Effective Date
Amendments sha11 take effect only upon recording with the King County Depaxtment of Records and
Elections or any successor recording office. '
ARTICLE 10- GENERAL PROVISIONS
Section 10.1 - Taxes
Each Owner shall pay without abatement,deduction, or offset, all real and personal property taxes,
general and special assessments,including local improvement assessments, and other charges of every
description levied on or assessed against his Lot, or personal property located on or in the Lot.
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• , ,
. . S y .
♦ �
� � 1
, � �ection 10.2- Transfer of Certain Utilities
' U�ility Repair Easement.Declarant, and the Association after the Development Period,may transfer and
convey any sewer, water, storm drainage, or other general utility in River Ridge to a public body for
ownership and maintenance, together with any necessary easements relating thereto, and each Lot shall
become burdened and benefited thereby.
Section 10.3- Non-Waiver
No waiver of any breach of this Declaration sha11 constitute a waiver of any other breach,whether of the
same or any other covenant,condition, or restriction.
SecNon 10.4-Attorneys' Fees
In the event of a suit or action to enforce any provision of this Declaration or to collect any money due
hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing
party all costs and expenses,including title reports, and all attorney's fees that the prevailing party has
incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable
therein, and also including all costs,expenses, and attorneys'fees incurred in connection with any appeal
from the decision of a trial court or any intermediate appellate court.
Section 10.5 - No Abandonment of Obligation
� No Owner, through his non-use of any Common Area, or by abandonment of his Lot, may avoid or
Odiminish the burdens or obligations imposed by this Declaration.
� Section 10.6- Interpretation
ll� The captions of the various articles, sections and paragraphs of this Declaration are for convenience of
0 use and reference only and do not define, limit, augment, or describe the scope, content or intent of this
� Declaration or any parts of this Declaration.
�
Section 10.7- Severability
Invalidation of any one of these covenants,conditions,restrictions,easements, or provisions by judgment
or court order sha11 in no way affect any other of the same, all of which sha11 remain in full force and
effect.
Section 10.8- Notices
All notices,demands, or other communications ("Notices")permitted or required to be given by this
Declaration shall be in writing and, if mailed postage prepaid by certified or registered mail, return receipt
requested, shall be deemed given three days after the date of mailing thereof, or on the date of actual
receipt, if sooner; otherwise, Notices shall be deemed given on the date of actual receipt. Notice to any
Owner may be given at any Lot owned by such Owner; provided,however, that an Owner may from time
to time by Notice to the Association designate such other place or places or individuals for the receipt of
future Notices. If there is more-than one Owner of a Lot, Notice to any one such Owner shall be
sufficient. The address of Declarant and of the Association shall be given to each Owner at or before the
time he becomes an Owner.If the address of Declarant or the Association shall be changed, Notice shall
be given to all Owners.
Section 10.9- Applicable Law
This Declaration shall be construed in all respects under the laws of the State of Washington.
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� � I ' • • '
� In witness whereof, the undersigned declarant has executed this declaration the day and ye�r first
, ak�o�written. ' •
� LA ERIDG EV LOPMENT, INC.
W ' gton o 'on �
W . Wa e on s, Jr.
Its President
STATE OF WASHINGTON )
COUNTY OF KING )
� On this "� day of , 19�before me, the undersigned, a Notary
� Public in and for the State of Washington,d ly commissioned and sworn, personally appeared Wm.
O Wayne Jones, Jr., to me known to be President of LAKERIDGE DEVELOPMENT, 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 uses and purposes therein mentioned, and on oath
l/� stated that he was authorized to execute the said instrument.
O
� WTTNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above
written.
.. �N H R S�� � -
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