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Boeing Law Department
Attn: Real Estate Counsel
7755 E. Marginal Way S, MC I I-XT
Seattle, WA 98108
Document Title(s) (or transactions contained therein):
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Reference Numbers) of Documents assigned or released: NONE
(on page of documents(s))
Grantor(s) (Last name first, then first name and initials):
I. Longacres Park, Inc.
2.
Grantee(s) (Last name first, then first name and initials):
I. Longacres Park, Inc.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Property subject to this Declaration: Lots 1-12, 14-20, 24- 26 and Tracts A , B, C, and I of Boeing
Longacres Property, Second Amended BSP No. LUA-02-022-BSP, King County Recording No.
20050504000673,
Retained Property of Grantor: Lots 13, 21, 22, and 23 of Boeing Longacres Property, Second Amended
BSP No. LUA-02-022-BSP, King County Recording No. 20050504000673 and Parcels with APN
242304-9022; 242304-907 1; 242304-9055; 242304-9050; 242304-9048; 242304-9052
Full legal is on page of document.
Assessor's Property Tax Parcel/Account Number
088670-0090; 088670-0010; 088670-0020; 088670-0030; 088670-0040; 088670-0050; 088670-0060;
088670-0070; 088670-0080; 088670-0090; 088670-0100; 088670-0110; 088670-0120; 088670-0140;
088670-0150; 088670-0160; 088670-0170; 088670-0180; 088670-0190; 088670-0200; 088670-0240;
088670-0250; 088670-0260; 088670-0360; 088670-0370; 088670-0380
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CONTENTS
I. DEFINITIONS........................................................................................................3
2. REGULATION OF IMPROVEMENTS..............................................................
10
(a) Concept.....................................................................................................
10
(b) Zoning.......................................................................................................10
(c) Completion of Construction......................................................................
10
(d) Excavation and Drilling .. ..... ....... .................................. ....................
... I.... I I
(e) Landscaping and Irrigation.......................................................................
I t
(0 Signs..........................................................................................................13
(g) Storage and Loading Areas and Service Entrances ...................................
14
(h) Exterior Lighting.......................................................................................
15
(i) Construction Regulations and Restrictions ...............................................
15
(I) Utilities......................................................................................................16
(k) Maintenance..............................................................................................16
3. REGULATION OF OPERATIONS AND USES .................................................
16
(a) Permitted Uses..........................................................................................
16
(b) Restrictions and Prohibited Uses..............................................................
17
(c) Certain Nuisances......................................................................................
19
(d) Indemnification.........................................................................................21
4. APPROVAL OF PLANS......................................................................................
21
(a) Approval Required....................................................................................21
(b) Basis for Approval....................................................................................
22
(c) Time for Approval or Disapproval............................................................
22
(d) Presumption of Compliance......................................................................
23
(e) Fee.............................................................................................................23
(f) Governmental Action................................................................................24
(g) Estoppel Certificate...................................................................................
24
(h) Non -Liability of Declarant and Association .............................................
24
(i) Improvements Maintenance Standards.....................................................
25
Q) Existing Structures and Uses and Construction by Declarant ...................
25
5. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION..................25
(a) Qualification and Voting...........................................................................
25
(b) Voting Percentage.....................................................................................
26
(c) Voting in Cases of Joint Ownership..........................................................
26
(d) Transfers ....................................................................................................27
6. COVENANT FOR ASSESSMENTS TO AND BY THE
ASSOCIATION....................................................................................................
28
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(a)
Covenant to Pay Assessments...................................................................
28
(b)
Purpose of Assessments............................................................................
28
(c)
Regular Assessments.................................................................................
28
(d)
Special Assessments............................................................... I..................
28
(e)
Limitation on Assessments.......................................................................
29
(t)
Allocation of Assessments........................................................................
29
(g)
Commencement of Assessments...............................................................
30
(h)
Liens for Delinquent Assessments............................................................
30
G)
Enforcement of Assessment Obligation....................................................
31
0)
Assessments for Taxes..............................................................................31
7. POWERS
AND DUTIES OF THE ASSOCIATION...........................................31
(a)
Designate Officers.....................................................................................
32
(b)
Management and Control..........................................................................
32
(c)
Principal Office.........................................................................................32
(d)
incur Indebtedness....................................................................................
32
(e)
Insurance...................................................................................................32
(f)
Utilities......................................................................................................34
(g)
Common Area...........................................................................................
34
(h)
Enforcement..............................................................................................34
(i)
Square Footage/Total Entitlement Monitoring .........................................
35
0)
Contract and Make Payments....................................................................
36
(k)
Employment of Agents.............................................................................
36
(1)
Services.....................................................................................................
36
(m)
Recycling Program....................................................................................
36
(n)
Taxes.........................................................................................................36
(o)
Discipline..................................................................................................36
(p)
Periodic Review of Financial Condition ...................................................
36
(q)
Budget.......................................................................................................
37
(r)
Litigation...................................................................................................37
(s)
Delegation of Powers................................................................................
37
(t)
Security.....................................................................................................
37
(u)
Rules..........................................................................................................37
(v)
Improvements Maintenance Standards.....................................................
38
(w)
Right to Grant Easements..........................................................................
38
(x)
Limitation on Liability of Officers and Directors;
Indemnification.........................................................................................
39
(y)
Declarant's Right to Approve...................................................................
39
8. COMMON
AREA................................................................................................40
(a)
Easement of Enjoyment............................................................................
40
(b)
Use.............................................................................................................40
(c)
Maintenance..............................................................................................41
(d)
Creation of Maintenance Standards for Common Areas ..........................
41
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(c)
Declarant's Right to Improve the Common Area .....................................
41
(1)
Damage to the Common Area...................................................................41
(g)
Governmental Compliance........................................................................42
9. ENFORCEMENT.................................................................................................42
(a)
Abatement and Suit...................................................................................42
(b)
Inspection..................................................................................................43
(c)
Failure to Enforce Not a Waiver of Rights ...............................................
43
(d)
Enforcing Violations.................................................................................44
10. TERMINATION AND AMENDMENT..............................................................44
(a)
Term..........................................................................................................
44
(b)
Amendments.............................................................................................44
(c)
Termination of Declarant's Interest..........................................................45
11. RIGHTS
OF LENDERS.......................................................................................45
(a)
Priority of Lien of Mortgage.....................................................................45
(b)
Curing of Defaults.....................................................................................
45
(c)
Availability of Documents........................................................................46
(d)
Conflicts ....................................................................................................46
12. MISCELLANEOUS PROVISIONS.................:...................................................46
(a)
Constructive Notice and Acceptance........................................................
46
(b)
Declarant's Rights Under Other Documents .............................................
46
(c)
Land Use Matters......................................................................................46
(d)
Completion of Construction by Declarant ................................................
47
(e)
Notices.......................................................................................................47
(f)
Liberal Construction..................................................................................48
(g)
Singular Includes Plural............................................................................48
(h)
Headings....................................................................................................48
0)
Effect of Invalidation................................................................................
48
(j)
No Discriminatory Restrictions.................................................................48
(k)
Cumulative Remedies...............................................................................
48
(1)
Attorneys' Fees and Costs.........................................................................
49
(m)
Conflicting Provisions...............................................................................49
(n)
Grants and Vesting of Approvals and Consents.......................................49
EXHIBITS:
EXHIBIT A - Plat Map
EXHIBIT B - Legal description of the Declarant Parcel
EXHIBIT C - Legal description of the Common Area
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C-1 —Roads
C-2 — Drainage System
EXHIBIT D - Legal Description of Other Parcel(s)
EXHIBIT E Legal Description of Declarant's Retained Property
EXHIBIT F- Certain Entitlements
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
This Declaration of Covenants, Conditions and Restrictions ("Declaration") is made
this 1 Ith day of December, 2015 by Longacres Park, Inc., a Washington corporation
("Declarant").
I2014929,71112M
(a) Declarant is the owner of (i) approximately 87.97 acres of real property
located in the City of Renton, County of King, State of Washington, and identified on
EXHIBIT B attached hereto as the "Declarant Parcel"; (ii) approximately 9.56 acres of real
property located in the City of Renton, County of King, State of Washington, and identified
on EXHIBIT C attached hereto as the "Drainage Common Area" and (iii) approximately
68.45 acres of real property located in the City of Renton, County of King, State of
Washington, and identified on EXHIBIT E, attached hereto as the "Declarant's Retained
Property". (For the avoidance of doubt, Declarant's Retained Property is not part of the real
property described in Exhibit B.) Capitalized terms used but not otherwise defined in this
Declaration shall have the meanings given them in Section 1 hereof.
(b) This Declaration of Covenants, Conditions and Restrictions governs the
Declarant Parcel, and the Common Area identified on EXHIBIT C hereto (collectively, the
"Property"), and is intended to create easements, covenants, conditions and restrictions on
the Property. The Property is depicted on the Plot Plan attached to this Declaration as
EXHIBIT A.
(c) The Property is to be developed and constructed in accordance with
conditions established in the governmental approval(s) of the Entitlements and Binding Site
Plan for the Property and in accordance with the Entitlements, Governing Documents and
Rules.
(d) Declarant intends that improvements be constructed and uses be permitted
within the Property which will in all respects harmonize with and complement any future
improvements and'uses within the Property.
(e) Declarant reserves the right to cause the Property be served by an access road
in the Common Area that may be identified on EXHIBIT C-I hereto at a future date by way
of amendment to this Declaration, areas for storm and surface water drainage identified on
EXHIBIT C-2 hereto, areas for signage and monuments and other Common Area to be
maintained and administered for the common use and enjoyment of the Owners.
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(f) In light of and in conjunction with the foregoing, it is the desire and intention
of Declarant that this Declaration (i) provide a means to ensure and enforce proper and
coordinated development and use of the Property as a common plan for the mutual benefit
and enjoyment of all future Owner(s) and Occupants of each, any and all Lot(s) therein (and
their respective successors and assigns of any interest(s) in any Lot(s)) as such Lot(s) may
now exist and as they may from time to time be modified by Declarant, (ii) provide for the
Common Area and the maintenance and preservation thereof, (iii) prevent the construction of
haphazard, improperly designed or inharmonious improvements, and (iv) in general provide
for high quality improvements within the Property in accordance with a general plan of
improvement and development.
(g) In furtherance of the above desires and intentions for the preservation of the
values and amenities within the Property, Declarant wishes to create the Association, to
which shall be delegated and assigned the powers of maintaining and administering the
Common Area or portions thereof for the common use and enjoyment of the Owners,
administering and enforcing the covenants, conditions and restrictions set forth herein,
collecting and disbursing the assessments and charges hereinafter created and performing
such other acts as shall generally benefit the Property or portions thereof.
(h) It is further the desire and intention of Declarant to potentially sell some or all
of the Lots comprising the Declarant Parcel, in either a developed or undeveloped condition,
and to impose upon all such Lots the following mutual and beneficial covenants, conditions
and restrictions for the benefit of all of the Lots within the Declarant Parcel.
NOW, THEREFORE, Declarant hereby declares and agrees that each and all of the
Lots within the Property encumbered by this Declaration from time to time are held and shall
be held, conveyed, hypothecated, encumbered, leased, used, occupied and improved subject
to the following covenants, conditions and restrictions, all of which are declared and agreed
to be equitable servitudes in furtherance of a plan for the subdivision, improvement and sale
of all of the Lots within the Property, and are established and agreed upon for the purpose of
enhancing and protecting the value, desirability and attractiveness of every part of the
Property. All such covenants, conditions and restrictions shall run with all of the Lots within
the Property and each part thereof, and shall be binding upon, and shall be for the benefit of,
Declarant and, subject to such limitations as may from time to time be expressly set forth
herein, each Owner of each Lot within the Property or any right, title or interest therein or
any part thereof, and all of their heirs, successors and assigns. All of such covenants,
conditions and restrictions, subject to such limitations as may from time to time be expressly
set forth herein, are made for the direct mutual and reciprocal benefit of each and every Lot
and every portion thereof, and shall create, subject to such limitations as may from time to
time be expressly set forth herein, reciprocal rights and obligations and privity of contract
and estate between the respective Owners of all the Lots and their heirs, successors and
assigns.
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1. DEFINITIONS
The terms defined in this Section 1 shall, for all purposes of this Declaration, have the
meanings herein specified.
"Affiliate" shall mean and refer to any Person directly or indirectly controlling,
controlled by or under common control with another Person; (b) any Person beneficially
owning or controlling 10% or more of the outstanding voting securities of such other Person;
(c) any officer, director, member, partner, employee or agent of such other Person; (d) if such
other Person is an officer, director, member, or partner, any company or entity for which
such Person acts in any such capacity; or (e) any relative or spouse, and any relative of the
spouse, of such other Person.
"Articles" shall mean and refer to the Articles of Incorporation of the Association, as
they may from time to time be amended, modified or supplemented.
"Assessments" shall mean and refer to Regular Assessments, Special Assessments
and any other dues, fees, penalties, fines, charges, interest and other amounts (including each
installment thereof) payable by any Owner to the Association as provided herein.
"Association" shall mean and refer to the nonprofit mutual corporation, to be
incorporated by Declarant under the laws of the State for the purpose of exercising the
powers and functions set forth in Section 8 with respect to the Property, and its successors
and assigns, if but only if the Declarant does not elect not to form the Association as
provided in Section 8(z).
"Binding Site Plan" shall mean and refer to the Second Amended Binding Site Plan
No. LUA-02-022-BSP, approved by the City, and recorded in the office of Records and
Elections of King County, Washington, on May 4, 2005, under Recording
No. 20050504000673, as the same may be amended with the consent of the Declarant.
"Board" shall mean and refer to the Board of Directors of the Association.
"Building" shall mean and refer to any occupiable structure constructed on any Lot in
the Property.
"Bylaws" shall mean and refer to the Bylaws of the Association, as they may from
time to time be amended, modified or supplemented.
"City" shall mean and refer to the City of Renton, State of Washington.
"Common Area" shall mean and refer to the following:
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(a) Unless and until such time as it is dedicated to the City or otherwise for public
use, the real property legally described in EXHIBIT C-1 attached hereto and incorporated
herein by this reference, which shall be conveyed to and owned by the Association for the
common use and enjoyment of the Owners for the purpose of access to the Lots from
Strander Boulevard, and EXHIBIT C-2 attached hereto and incorporated herein by this
reference, which shall be conveyed to and owned by the Association for the common use and
enjoyment of the Owners for the purpose of providing storm and surface water drainage and
management to the Lots, in both cases together with all driveways, paved areas, pathways,
sidewalks, fences, screening walls, retaining walls, plantings, planted trees and shrubs,
irrigation and drainage pipes and fixtures, catch basins or other devices for the collection
and/or detention of storm water runoff, lighting fixtures, signs and any other structures,
improvements, equipment, fixtures, objects used for decorative or incidental purposes and
construction of any kind located within or used in the maintenance or operation of such real
property; and
(b) Such easements or fee -owned areas as Declarant may hereafter either grant to
the Association in one or more parcels of land or designate in writing to the Association,
whether on or off the Property, which Declarant may from time to time specify as sites for
monuments or signs relating to the Property, and specifically including without limitation
any and all sites for monuments or signs promoting the City (or the City and the Property
jointly) as may be required from time to time by the City, whether or not such signs are
located on real property owned by the Association, Declarant, the City or any other person(s)
(all such signage areas described in this Section being collectively referred to as the "Project
Monument Areas"); provided, however, that:
(i) The Project Monument Areas shall be limited to the location, scope
and size reasonably necessary to accomplish their purpose as stated above;
(ii) Declarant shall have the right from time to time prior to the Transition
Date to relocate the Project Monument Areas to different locations within the general
vicinity of the Property, in which case, at Declarant's sole discretion and with notice
to the Association, the Association's rights in the Project Monument Areas shall
thereafter remain or not remain a part of the Common Area, or shall remain in part a
portion of the Common Area of the Association and become in part a portion of the
common area of one or more other associations (in which case the Association and
such other associations shall have such joint rights of access thereto and joint
obligations of maintenance, repair and replacement thereof as Declarant may from
time to time specify with notice to the Association); and
(iii) If at any time prior to the Transition Date and for any reason Declarant
shall determine in its sole discretion that Declarant or any designee of Declarant
requires or desires to withdraw the Project Monument Areas for any purpose, then
promptly upon its receipt of notice to that effect from Declarant, the Association shall
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quitclaim all of its right, title and interest in the Project Monument Areas to Declarant
or any designee of Declarant, by a quitclaim deed satisfactory in form and content to
Declarant or such designee.
"Common Expenses" shall mean and refer to the actual and estimated costs of:
(i) Maintenance, management, operation, repair, replacement, alteration
and improvement of the Common Area including, without limitation, the cost of
materials, labor and supplies, utilities, landscaping, cleaning, pest control and hiring
of outside contractor services;
(ii) Assessments owing from any Owners(s) which remain unpaid for a
period of more than thirty (30) days after the same were due and payable (which
thereafter may be assessed as Regular Assessments or Special Assessments, at the
sole election of the Association from time to time);
(iii) Management and administration of the Association, including, but not
limited to, compensation paid by the Association to managers, accountants, outside
auditors, attorneys, consultants and employees;
(iv) Casualty, liability, workers' compensation, fidelity and directors' and
officers' liability insurance;
(v) Any other insurance obtained by the Association;
(vi) Reasonable reserves as provided herein or as deemed appropriate by
the Board;
(vii) Bonding of the Directors, officers of the Association, any professional
managing agent or any other Person handling the funds of the Association;
(viii) Taxes paid by the Association;
(ix) The discharge of any lien or encumbrance levied against the Common
Area or any portion thereof; provided, however, that such lien or encumbrance is
secured solely by or applies solely to the Common Area or any portion thereof;
(x) Any licenses or permits needed for the Common Area;
(xi) Obligations incurred by committees established by the Board; and
(xii) Other expenses (a) incurred by the Association for any reason
whatsoever in connection with the Common Area or in connection with any other
item or items designated by the Governing Documents or (b) incurred in furtherance
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of the purposes of the Association or in the discharge of any duties or powers of the
Association.
"County" shall mean and refer to the County of King, State of Washington.
"Declarant" shall mean and refer to Longacres Park, Inc. for as long as Longacres
Park, Inc. owns any portion of the land described in EXHIBIT B or EXHIBIT E and any
Person who succeeds to all of the Declarant's rights and obligations hereunder pursuant to a
written instrument recorded against the Property in connection with a purchase of all of the
remaining Declarant Sale Lots with the intention of selling such Declarant Sale Lots to third
parties and not with any intention to occupy, use, develop, lease, or otherwise enjoy any
benefits of such Declarant Sale Lots other than as investment for resale. In the event that at
any time hereafter any Person other than Longacres Park, Inc. becomes the Declarant, such
Person shall have only those rights, preferences and privileges hereunder as may be reserved
or granted in the recorded instrument by which such Person became the Declarant.
"Declarant Parcel" shall mean and refer to that approximately 71.2 acre real property
owned by Declarant as legally described in and identified on EXHIBIT B attached hereto.
"Declarant Sale Lot" shall mean any Lot owned by Declarant with respect to which
Declarant has neither (i) determined that it will retain such Lot for its own use rather than sell
such Lot to a third party purchaser or (ii) made any use or constructed any improvements for
itself or any of its Affiliates other than incidental, temporary uses or improvements not
related to the long-term use or occupancy of such Lot by Declarant or any of its Affiliates. A
Declarant Sale Lot shall cease to be a Declarant Sale Lot and shall be treated in the same
manner as any other Lot for all purposes under this Declaration upon the earliest to occur of
the following: (i) Declarant or any of its Affiliates commences occupancy and/or use of such
Lot (other than incidental, temporary uses not related to the long-term use or occupancy of
such Lot by Declarant or any of its Affiliates), (ii) Declarant transfers ownership of such Lot
to a third party purchaser (unless such purchaser becomes the Declarant), (iii) Declarant
enters into any lease, ground lease, or other agreement permitting use and occupancy by a
third party, including any Affiliate of Declarant, other than for an incidental, temporary use
not related to the long-term use or occupancy of such Lot by Declarant or any of its Affiliates
or such third party, or (iv) Declarant or any of its Affiliates commences construction of any
Improvements on such Lot that are intended for use by any party other than a third party
purchaser of such Lot, other than incidental, temporary Improvements not related to the long-
term use or occupancy of such Lot by such party.
"Declaration" shall mean and refer to this Declaration of Covenants, Conditions and
Restrictions, as it may from time to time be amended, modified or supplemented. Such
amendments, modifications and supplements are hereby incorporated herein and made a part
hereof.
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"Directors" shall mean and refer to the directors of the Association who together
constitute the Board.
"Entitlements" shall mean and refer to all governmental, special district and public
utility approvals, decisions, resolutions, ordinances, permits, agreements, conditions,
requirements, exactions, entitlements, reports, maps, plans, documents, determinations and
orders (including without limitation with regard to any and all environmental matters),
heretofore or hereafter from time to time adopted, amended, modified or supplemented by a
governmental authority with jurisdiction over such matters, expressly governing, affecting or
relating to the organization, zoning, use, development, improvement, operation or ownership
of the Property, or any portion thereof, including, without limitation, (a) any and all
conditions to approval of the Binding Site Plan and the permits and agreements identified on
EXHIBIT F attached hereto and by this reference incorporated herein (and any amendments
from time to time thereto), as from time to time amended in accordance with the applicable
provisions contained therein, (b) further including without limitation any and all development
agreements for all or any portion of the Property entered into by Declarant and the City
pursuant to RCW 36.70B.170 through 120 (or any successor provisions), with all
amendments and modifications thereto, and (c) further including without limitation any and
all limitations regarding peak traffic generation, maximum floor area ratios, maximum
Improvements square footage and/or maximum Building footprints.
The Association and each Owner and Occupant shall fully and faithfully comply with
and conform to the Entitlements. Except as Declarant shall otherwise agree in writing with
another Owner, or the Association, Declarant shall retain all rights under the Entitlements to
credits against or refunds of mitigation fees, payments in respect of the dedication of
property to the City, and other forms of compensation and consideration paid, allowed or
otherwise made available by the City or others.
"Fiscal Year" shall mean and refer to the fiscal year of the Association, which shall
be the calendar year; provided, however, that the Fiscal Year shall be subject to change from
time to time as the Board may determine.
"Governing Documents" shall mean and refer to this Declaration, the Articles, the
Bylaws, the Rules, the Improvements Maintenance Standards and any other documents
governing the operation of the Association, the use of the Lots or the Common Area or the
maintenance and repair of the Lots and Improvements, as from time to time amended,
modified or supplemented. Each Owner and each Occupant shall fully and faithfully comply
with and conform to the Governing Documents.
"Improvement(s)" shall mean and refer to all structures, improvements, equipment,
fixtures, objects used for decorative or incidental purposes, and construction of any kind on
any Lot (but excluding any improvements to or on the Common Area), whether above or
below the land surface, whether permanent or temporary, including without limitation,
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Buildings, utility lines, driveway, paved parking areas, pathways, fences, screening walls,
retaining walls, plantings, planted trees and shrubs, irrigation and drainage pipes and fixtures,
catch basins or other devices for the collection and/or detention of storm water runoff,
lighting fixtures and signs.
"Improvements Maintenance Standards" shall mean and refer to the standards, if any,
adopted by the Declarant or Association from time to time for the maintenance and repair of
the exterior of the Buildings, landscaping, signs and other Improvements on any Lot, as they
may from time to time be amended, modified or supplemented in accordance with the
requirements of this Declaration. Declarant may elect at any time in its sole and absolute
discretion to assign in writing to the Association the right to adopt, amend, repeal or
supplement the Improvements Maintenance Standards, but until such assignment by
Declarant in writing, the Association and/or the Board shall have no right(s) or powers
whatsoever to adopt, amend, repeal or supplement the Improvements Maintenance Standards.
In any event, effective as of the Transition Date, Declarant's rights under this section shall be
deemed to have been transferred and assigned to the Association, and no further
documentation or instruments shall need to be executed or recorded in order to evidence such
transfer and assignment. Such Improvements Maintenance Standards are hereby
incorporated herein and made a part hereof.
"Lot" shall mean and refer to each of Lots I through 26, inclusive, and Tract A, Tract
B, Tract C, and Tract E as shown on the Binding Site Plan. When used with a designating
number (for example, "Lot I") or letter (for example, "Tract B"), "Lot" shall mean the lot or
tract with such designating number or letter as shown on the Binding Site Plan. "Lot" and
"Lots I through 26" and "Tract A, Tract B, Tract C, and Tract E" shall include any legal
parcel(s) resulting from any reconfiguration, resubdivision, reparcelization, combination,
adjustment, plat, short plat or reorganization of any Lot(s) resulting from or following
modifications to the Binding Site Plan or finalization of a plat map, tentative or final map,
parcel map, subdivision, short subdivision, lot merger, lot split, lot line or boundary line
adjustment or similar subdivision, land reorganization or approval or amendment thereto.
"Majority of the Owners" shall mean and refer to more than fifty percent (50%) of the
voting power of all the Voting Members (minus any vote forfeited in accordance with
Section 5(c) hereof) who are then subject to this Declaration. Voting power of each Voting
Member shall be based on one vote per square foot of each Lot represented by the Voting
Member.
"Mortgage" shall mean and refer to a deed of trust or mortgage recorded against any
Lot or Lots.
"Mortgagee" shall mean and refer to a beneficiary under or holder of a deed of trust
or mortgagee under a Mortgage recorded against any Lot or Lots.
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"Occupancy" shall mean and refer to such time as the City shall issue the first of
either a temporary or permanent certificate of occupancy or equivalent.
"Occupant" shall mean and refer to, collectively, the Owner and any other Person or
Persons entitled, by ownership, leasehold interest or other legal relationship, to occupy all or
any portion of any Lot or Building.
"Owner" shall mean and refer to the Person or Persons holding record fee title to a
Lot (including, as applicable, Declarant, but excluding any Person holding such interest
merely as security for the performance of an obligation, and further excluding the
Association), and their respective heirs, successors and assigns. In the event that the
ownership of a Building on any Lot shall ever be severed from the ownership of such Lot,
then only the Person holding title to the Lot shall have the rights of an Owner hereunder
(including, without limitation, membership in the Association); provided, however, that both
the Person holding title to the Lot and the Person holding title to the Building shall be jointly
and severally liable for the performance of all duties and obligations of an Owner under the
Governing Documents.
"Permittees" shall mean and refer to all Occupants and all customers, patrons,
employees, concessionaires and other business invitees of such Occupants.
"Person" shall mean and refer to any individual, partnership, corporation, limited
liability company, trust, estate or other legal entity.
"Project Monument Areas" shall mean and refer to such areas as Declarant may
specify pursuant to Section (b) of the definition of "Common Area" set forth in this
Section 1.
"Property" shall mean and refer to the Declarant Parcel, the property described in
EXHIBIT D and the Common Area.
"Regular Assessments" shall mean and refer to those Assessments to be charged
against any or all Lots as provided in Section 6 hereof.
"Rules" shall mean and refer to the rules and regulations, if any, adopted by the
Board for the operation and use of the Common Area and any other property (whether real or
personal) owned by the Association, as they may from time to time be amended, modified or
supplemented. Such Rules are hereby incorporated herein and made a part hereof.
"Special Assessments" shall mean and refer to those Assessments to be charged
against any or all Lots as provided in Section 6 hereof.
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"Square Foot," "Square Feet" or "Square Footage" shall mean and refer to the gross
square footage of each Lot.
"State" shall mean and refer to the State of Washington.
"Total Entitlement" shall have the meaning given to such term in Section 5(b).
"Transition Date" shall mean the the date on which Declarant, in its sole discretion,
elects to record a notice of termination and/or transfer of its rights as Declarant under this
Agreement, or at any time when no such notice has been filed by Declarant, the later to occur
of.
(i) the first date on which (A) Declarant ceases to own any Declarant Sale Lot, which
may occur on the date of closing of the sale of the final Declarant Sale Lot to a third party
purchaser, or the date that the final Declarant Sale Lot ceases to be a Declarant Sale Lot and
irrevocably becomes a Lot that is treated like all other Lots under this Declaration (as
described in the definition of "Declarant Sale Lot" set forth above) and (B) the Buildings and
other Improvements to be constructed on all of the Lots to permit the initial use and
occupancy by the Owner or Occupants thereof have been completed; or
(ii) the first date on which Declarant owns none of the Declarant's Retained Property.
For purposes of clauses (i) and (ii) of the definition of Transition Date, Declarant
shall be deemed to own property if such property is owned by Declarant, or any entity
controlling or controlled by Declarant, or any entity under common control with Declarant.
Effective as of the Transition Date, except as otherwise set forth herein, and except
for any obligations or liabilities arising from or related to Declarant's breach of its
obligations under this Declaration, Declarant's rights and obligations as Declarant under this
Declaration shall automatically transfer to the Association, and in the event that Declarant or
its Affiliates continues to own a Lot after the Transition Date, Declarant and its Affiliates
shall be deemed and treated identical to any other Owners.
"Voting Entitlement" shall have the meaning given to such term in Section 5(b)
below.
"Voting Member" shall mean and refer to the Owner of a Lot, or in the event more
than one Person owns a Lot, to the Person designated as the Voting Member in writing by the
Lot Owners. Lots owned by the Association, if any, shall not have a Voting Member.
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2. REGULATION OF IMPROVEMENTS
(a) Concept
The concept of this Declaration is to provide for individual Buildings and other
Improvements (including without limitation landscaping) on the Property, which shall relate
to one another through careful site planning and site development approved by Declarant as
set forth in Section 4 hereof, resulting in continuity for the entire Property. In case
Declarant's approval is required or requested under this Section 2 or under Section 3, any
such approval shall be requested, given and otherwise governed by the provisions of
Section 4 hereof.
(b) Zoning
Development of the Property is and shall be subject to all zoning regulations of the
City and other municipal ordinances, regulations and conditions applicable to the Property by
virtue of governmental approval(s) of the Property and subdivision application(s) from time
to time, and any amendments thereto, to the extent that each Owner of a portion of the
Property is subject thereto, except where more restrictive requirements are imposed by the
Entitlements or this Declaration. Development and ownership of Lots shall further be
subject, as applicable, to future land use and environmental matters affecting the Property, as
provided in Section 12(c) hereof, to the extent that each Owner of a Lot is subject thereto.
(c) Completion of Construction
After commencement of construction of any Building or other Improvements, the
work thereon shall be diligently prosecuted (within the limitations imposed under the
Binding Site Plan, the Entitlements and Section 2(i) hereof) such that the Building or other
Improvements shall not remain in a partly finished condition any longer than is reasonably
necessary for completion thereof, employing diligent, commercial construction efforts at all
times during which construction is reasonably feasible.
(d) Excavation and Drilling
(1) Except as provided in Section 2(d)(2) below, no excavation shall be
made except in connection with:
(A) The construction or maintenance of an approved Improvement;
provided, however, that upon completion thereof exposed openings shall be
backfilled and disturbed ground shall be graded and leveled;
(B) The conduct of any environmental site assessment of a Lot or
any portion of the Property by any prospective Owner, Owner, Mortgagee or
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prospective Mortgagee; provided, however, that upon completion thereof any
exposed openings shall be backfilled and disturbed ground shall be restored to
the condition existing prior to the commencement of such activity;
(C) The conduct of any soils remediation as required by any
federal, State, local or County agency; provided, however, that upon
completion thereof any exposed openings shall be backfilled and disturbed
ground shall be restored to the condition existing prior to the commencement
of such activity.
(2) Prior to the installation or construction of any foundations or slabs for
any Improvements on the Property, Owner or Occupant shall over -excavate soil
within the footprint of any Improvement and within ten (10) feet of the outer
perimeter of any new foundation or slab for such Improvements; soil shall be over -
excavated to a depth of not less than three (3) feet. Following such excavation, the
Owner or Occupant shall be responsible to compact the soils within the excavated
area. The Owner or Occupant shall provide to the Declarant documentation
demonstrating that such activity has been properly undertaken and completed
promptly upon the completion of such activity.
(3) At no time shall an Owner, Occupant or any other Person drill or
permit to be drilled on any Lot any hole or sink any pipe for the purpose of obtaining
or removing water, oil, gas or any minerals or substances from the land, except:
(A) as required by any federal, State, local or County agency in an
environmental remediation action;
(B) in connection with the conduct of any commercially reasonable
environmental assessment of a Lot or portion of the Property by any
prospective Owner, Owner, Mortgagee or prospective Mortgagee; or
(C) in connection with the construction or maintenance of an
approved Improvement.
(e) Landscaping and Irrigation
The following landscaping restrictions shall apply to all Lots within the Property:
(1) Every Lot or portion thereof on which a Building shall have been
placed shall be landscaped and irrigated in accordance with plans submitted to and
approved by (i) Declarant, or (ii) after the Transition Date, the Board or such
committee as may be established by the Board for such purpose. All landscaping and
irrigation with respect to each Building shall be installed within sixty (60) days after
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Occupancy or substantial completion of construction of such Building, whichever
occurs first. For purposes of this Agreement, "substantial completion of
construction" shall mean issuance of a certificate of occupancy for the entire
Building, or the equivalent authorization issued by the governmental body having
jurisdiction and, in the event the jurisdiction in question no longer issues a certificate
of occupancy or its equivalent, "substantial completion of construction" shall mean
substantial completion, finishing and equipping of the Building according to the plans
and specifications therefor approved by Declarant and the applicable governmental
building department. If, at any time after Occupants occupy Buildings on other Lots,
the Owner of a Lot does not commence construction of a Building on such Owner's
Lot within six (6) months after acquisition, such Lot shall, at a minimum, be seeded
with a drought -resistant grass mixture to hold down weed growth and minimize wind
and water erosion and shall be mowed and maintained in an orderly and neat
condition and debris, weeds and any waste materials shall be removed or controlled
on a regular basis, unless said Owner shall have received approval from the City of
Renton for an alternative plan related to seeding of the Lot in question and the control
of wind and water erosion. Except to the extent required to do so by the City of
Renton, Declarant shall not be required to comply with the foregoing requirements
for unimproved Declarant Sale Lots. Such landscaping and irrigation shall thereafter
be kept and maintained in accordance with this Declaration, the Entitlements and the
Improvements Maintenance Standards.
(2) Landscaping and irrigation equipment, supplies and above surface
pipes and installations shall be screened in a commercially reasonable fashion from
the ground -level view of any Lot, Common Area or public street.
(3) All planting and irrigation installations shall be maintained in a neat
and orderly fashion. In the event Declarant, the Board, or any committee established
by the Board for such purpose determines that any Lot is not being properly
maintained, correction work shall be accomplished within thirty (30) days of receipt
of notice from Declarant, the Board, or such committee of any directions with regard
to maintenance.
(4) The following criteria shall be deemed minimum maintenance
standards:
(A) All planting areas shall be kept reasonably free of leaves and
debris;
(B) Lawns and ground cover shall be mowed and/or trimmed
regularly;
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(C) All plantings shall be kept in a healthy and growing (until
mature) condition. Fertilization, cultivation, weeding, spraying, trimming and
pruning shall be performed as part of a regular maintenance program, with all
such activities to be carried out in accordance with applicable environmental
laws;
(D) Stakes, guys and ties on trees shall be checked regularly to
ensure the correct function of each. Ties shall be adjusted regularly to avoid
creating abrasions or girdling of trunks or stems;
(E) Damage to plantings caused by vandalism, automobiles, acts of
nature or any other cause shall be corrected by the individual Lot Owner
within thirty (30) days of occurrence to the condition as such plantings were
in immediately before the damage occurred. All types and sizes of plantings
visible from public rights of way or the Common Area shall be approved by
Declarant or, after the Transition Date, the Board, or any committee
established by the Board for such purpose; and
(F) Irrigation and drainage systems and water features, including
but not limited to retention and detention ponds and bioswales, shall be kept in
a safe, clean, orderly, neat and properly working condition. Adjustment,
replacement of malfunctioning parts and cleaning of systems shall be
performed as part of a regular maintenance program.
(f) Signs
The following sign restrictions shall apply to all Lots within the Property
(1) Signs must comply with all applicable zoning and other laws and
regulations of the City and shall be approved by Declarant or, after the Transition
Date, the Board, or any committee established by the Board for such purpose. No
part of any sign placed on a Building shall be higher than the parapet of such
Building. No moving signs or signs with moving parts or blinking lights shall be
allowed. The lighting of all signs shall comply with section 2(h) of this Declaration
(2) Except with respect to any signs or monuments erected by Declarant
or the Association on the Common Area or on a Project Monument Area, no
billboard, display, identification, monument or advertising sign shall be permitted on
any Building or Lot, other than the following:
(A) Those identifying the name and business products of the
Occupant of the premises;
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(B) Those offering the premises for sale or lease, but for not longer
than eighteen (18) months, without the prior written consent of the Declarant,
or after the Transition Date, the Board, or any committee established by the
Board for such purpose, such consent not to be unreasonably withheld;
(C) Those identifying the names of the businesses engaged in
construction upon the Lot, but for not longer than eighteen (18) months; and
(D) Any signs reasonably necessary to direct traffic or pedestrians
on a Lot or within a Building, or reasonably necessary for the secure operation
of the business or activities conducted on a Lot in accordance with this
Declaration.
(3) All such billboards, displays, identifications, monuments and
advertising signs shall be only of such size, design and color as shall have been
specifically submitted to and approved by Declarant, or after the Transition Date, the
Board, or any committee established by the Board for such purpose, in writing prior
to the erection or installation of said billboard, sign, display, identification, monument
or advertising sign.
(4) Notwithstanding the foregoing, Declarant shall be entitled to place
upon any Lot owned by Declarant or an Affiliate of Declarant such offices and signs
as Declarant shall reasonably deem necessary or convenient in connection with
Declarant's (or any affiliate of Declarant's) marketing and selling of the Lots and/or
Buildings and Improvements.
(g) Storage and Loading Areas and Service Entrances
The following restrictions on storage and loading areas and service entrances shall
apply to all Lots within the Property:
(1) No materials, supplies or equipment shall be stored in any area on any
Lot except inside a closed building or, if approved in writing by Declarant, or, after
the Transition Date, the Board, or any committee established by the Board for such
purpose, behind a visual barrier screening such areas from the ground -level view of
any public street.
(2) Loading areas shall not encroach into setback areas unless specifically
approved in writing by Declarant or, after the Transition Date, the Board, or any
committee established by the Board for such purpose.
(3) Loading docks shall be set back and screened and/or recessed to
minimize the visual effect from the street. Loading docks shall not encroach upon or
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extend into setback areas. Loading will not be permitted in the setback area fronting
the street, except as permitted in writing by Declarant or, after the Transition Date,
the Board, or any committee established by the Board for such purpose. In no event,
however, will loading areas, docks or facilities be located or designed so as to
necessitate backing maneuvers by vehicles into or on public streets.
(4) The number and type of service entrances required in each Building
shall be as approved by Declarant or, after the Transition Date, the Board, or any
committee established by the Board for such purpose.
(h) Exterior Lighting
(1) All exterior lighting, including, without limitation, the location,
design, type and size thereof, is subject to the written approval of Declarant or, after
the Transition Date, the Board, or any committee established by the Board for such
purpose.
(2) Each Owner is encouraged to obtain from Declarant, at such Owner's
expense (and to provide to the Occupants of his Lot, as applicable), a copy of the
surface street lighting system plans for the Property, to assist in evaluating overall site
lighting needs.
(3) Exterior lighting shall be adequately controlled to prevent glare and
undesirable illumination of other Lots and public streets.
(4) Parking area lighting and walkway and landscape feature lighting are
encouraged as necessary and desired for safety and aesthetic purposes; provided,
however, that all standards, fixtures and design criteria for such lighting shall be
subject to the approval of Declarant or, after the Transition Date, the Board, or any
committee established by the Board for such purpose.
(i) Construction Regulations and Restrictions
(1) Construction activities (except for construction of interior tenant
improvements), shall be conducted between the hours of 7:00 a.m. and 9:00 p.m.
only, or as otherwise approved by Declarant or, after the Transition Date, the Board,
or any committee established by the Board for such purpose.
(2) All Improvements shall be approved by Declarant or, after the
Transition Date, the Board, or any committee established by the Board for such
purpose, including, without limitation, all building orientation and building massing.
Notwithstanding the foregoing, such approvals shall not be required for any
modifications to improvements that do not materially alter the location, size,
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footprint, quality of construction or exterior appearance of existing Improvements
All Improvements shall in any case conform to the Entitlements and all applicable
City and other local, State and federal laws, statutes, rules and regulations, to the
extent each Owner is subject thereto.
(3) No mechanical equipment, apparatus, satellite dish or antenna shall be
placed above the roof line (which shall be measured by the roof curb or parapet) of
any Building, unless an exemption has been specifically approved in writing by
Declarant or, after the Transition Date, the Board, or any committee established by
the Board for such purpose.
(4) All exterior -building materials used in the construction of any
Improvement are subject to the written approval of Declarant or, after the Transition
Date, the Board, or any committee established by the Board for such purpose.
0) Utilities
Hookups for water (including, without limitation, hookups to existing or hereinafter
constructed waterlines of the City of Renton Department of Public Works), sanitary sewer,
storm water, gas, electricity and telecommunications, whether to main lines running under
the public right of way or otherwise, shall be the sole responsibility of the Owner or
Occupant of each Lot, and neither the Association nor Declarant shall have any responsibility
or liability in connection therewith.
(k) Maintenance
Each owner of a Lot shall keep the Lot and all Improvements thereon in a safe, clean,
maintained, neat and operable condition.
3. REGULATION OF OPERATIONS AND USES
(a) Permitted Uses
(1) Unless limited by the maximum Entitlements allocated to specific
Lot(s) or applicable zoning requirements, or otherwise prohibited herein, by the
Entitlements, or by covenant, deed or lease, any lawful use of a Lot will be permitted
if it is performed or carried out entirely within a completely enclosed and roofed
Building that is so designed and constructed that the enclosed operations and uses do
not and will not cause or produce a nuisance or disturbance to Persons and activities
on other Lots and the public streets, including, but not limited to, vibration, sound,
odor, electro mechanical disturbance and radiation, electromagnetic disturbance and
radiation, air or water pollution, dust and emission of odorous, toxic or nontoxic
matter.
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(2) Upon notice to Declarant, reasonable exceptions to the provisions of
Section 3(a)(1) shall be made during reasonable periods of time when the breakdown
of equipment occurs; provided, however, that such breakdown was not reasonably
preventable.
(3) Each Owner shall have the right to lease all or any part of his Lot;
provided, however, that all such leases shall be in writing and shall contain
provisions:
(A) stating that the lease is subject in all respects to the Governing
Documents;
(B) stating that any failure of the lessee to comply with each of the
provisions of the Governing Documents shall constitute a default under such
lease; and
(C) stating that the tenant under such lease shall use commercially
reasonable efforts to cooperate (at its sole expense) in programs which may be
undertaken by the Owner or Association independently, or in cooperation with
or as mandated by local municipalities or governmental agencies, or in
cooperation with other property owners in the vicinity of the Property, to
reduce peak levels of commuter traffic. Such programs may include, but shall
not be limited to, carpools, vanpools and other ride sharing programs, public
and private transit and flexible work hours.
(4) Each Owner and Occupant hereby agrees that it will use commercially
reasonable efforts to cooperate in and comply with (at its sole cost and expense)
programs which may be hereafter undertaken by the Association independently, or in
cooperation with or as mandated by local municipalities or governmental agencies, or
in cooperation with other property owners in the vicinity of the Property, to reduce
peak levels of commuter traffic. Such programs may include, but shall not be limited
to, carpools, vanpools and other ride sharing programs, public and private transit and
flexible work hours. In addition, each Owner and Occupant specifically agrees (at its
sole cost) to comply with and participate in any traffic mitigation plans) which may
now or hereafter be imposed by any government agency with jurisdiction over such
matters upon all or any portion of the Property.
(5) Vapor Barriers. Each Owner or Occupant shall, at their sole cost,
construct all new buildings over a Conforming Vapor Barrier. A Conforming Vapor
Barrier is one that meets or exceeds the following specification: Such vapor barriers
will be specifically designed to mitigate potential intrusion of vapor contaminants
from the subsurface into the building or structure. Moisture barriers alone shall not
be considered sufficient to satisfy this obligation. Declarant shall have the right but
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not the obligation to approve, prior to commencement of construction of Owner's
Improvements, Owner's working drawings for vapor barriers, which approval shall
not be unreasonably withheld or delayed provided the drawings comply with
Washington Department of Ecology or other reasonable environmental industry
standards for passive vapor barriers. Owner shall provide as soon as practicable, but
no less than thirty (30) days, written notice to Declarant before commencing the
installation of any vapor barrier and shall provide construction quality assurance
documentation to Declarant within thirty (30) days after completion of such
installation.
(b) Restrictions and Prohibited Uses
(1) No Lot(s) shall be used or developed in any way which is inconsistent
with any Entitlements.
(2) No Owner or Occupant shall cause, suffer or permit on or from any
Lot(s) owned or occupied by it any violation of any federal, State or local law,
ordinance, rule, regulation, order or decision (including without limitation with
respect to storm water control, runoff or accumulation or the release or discharge of
hazardous substances or materials into storm water control, conduit or retention
facilities).
(3) No Owner or Occupant shall cause, suffer or permit with respect to
any Lot(s) owned or occupied by it (other than due to independent governmental
action beyond such Owner's or Occupant's control) any rezoning or other
modification or increase in any Entitlements (including without limitation maximum
permitted building square footage, floor area ratio or peak traffic generation)
applicable to said respective Lot(s) as of the date of acquisition of same by such
respective Owner or Occupant, without (A) prior to the Transition Date the prior
written consent of Declarant and, if such rezoning or other modification or increase
will have an adverse effect on any other Lot, affect any other Owner's or Occupant's
rights or obligations under this Declaration, the affected Owner(s) or (B) after the
Transition Date, the affirmative vote of Owners owning seventy-five percent (75%)
of the Total Entitlement. In no event shall any such rezoning or other modification or
increase violate any of the use restrictions or other restrictions and covenants
contained in this Declaration.
(4) The following uses are expressly prohibited in any and all portion(s) of
any and all Lot(s) within the Property:
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(1) Residential uses, including without limitation single family residences, multi-
family residences, assisted living facilities, short-term and long-term stay hotels
and motels, trailer courts, and boarding houses PROVIDED THAT short-term
hotels may be allowed with the written approval of Declarant, such approval not
to be unreasonably withheld if appropriate vapor mitigation (meeting the
requirements of Section 3(a)(5) of this Declaration) is employed.
(2) Commercial uses that are not otherwise prohibited by this Declaration are
permitted only if the entire structure in which they are located is sited above an
appropriate Conforming Vapor Barrier, or another method is employed to
adequately mitigate organic vapor (meeting the requirements of Section 3(a)(5) of
this Declaration), except that vapor mitigation is not required for any portion of a
building that is sited above a below -grade or on -grade parking structure.
Reasonable evidence of compliance with this requirement must be shown to
Declarant. Nothing in this clause (2) is intended to permit any use that is
otherwise prohibited by this Declaration.
(3) Child care facilities, including day care facilities
(4) The withdrawal, use, consumption, or disposal of groundwater, or any water from
groundwater recharge basins or areas.
(5) No possession, transportation, production, or consumption of alcohol, except that
the sale of wine and beer for on -site consumption that is associated with
restaurants, sandwich shops or catered events located within Buildings is
permitted (and then only to the extent permitted by the Entitlements). No tobacco
use and no use of e-cigarettes is permitted.
(6) The sale, distribution, production, or display of pornographic, obscene, or so-
called "adult" literature, periodicals, movies, videos, pictures, photographs, or the
like.
(7) The presentation of so-called "adult" entertainment.
(8) The operation of a strip club, gentlemen's club, or an establishment providing
entertainment in the form of table or lap dancing
(9) The sale, distribution, or display of drug paraphernalia other than by a medically
licensed facility.
(10) (a) Hospitals; medical or dental clinics (including out -patient clinics) or offices
provided that out -patient clinics may be permitted with the written consent of
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Declarant, which Declarant may grant, condition, or withhold in its sole discretion,
and (2) any establishment that engages in the sale of marijuana (including medical
and recreational uses).
(11) Schools, including nursery, primary, and secondary educational institutions;
(12) Distillation of bones; rendering of fat or animal tissues.
(13) Facilities for disposal or treatment, recycling or storage of garbage, refuse, or
hazardous or toxic materials or substances, including without limitation junk,
wrecking, or salvage yards, or dumping, disposal, incineration or reduction of
garbage, sewage, offal, dead animals or refuse.
(14) Repairing or rewinding of transformers or generators, outdoor storage of paving
materials, outdoor storage of building materials, or welding shops.
(15) Facilities for the recycling of plastics, metals, or other materials.
(16) Any possession, use, generation, storage, handling, treatment, transportation,
recycling, reclamation, release, or disposal of any Hazardous Materials at, in, on,
under, above or from the Property. As used in this Declaration, the term "Hazardous
Material' includes any material, substance, waste, chemical, compound, constituent,
mixture, or byproduct which is or becomes identified, classified, defined, designated,
listed, restricted or otherwise regulated under any Environmental Law as a
"hazardous constituent," "hazardous substance," "hazardous material," "extremely
hazardous material," "hazardous waste," "dangerous waste," "acutely hazardous
waste," "hazardous waste constituent," "infectious waste," "medical waste,"
"biohazardous waste," "extremely hazardous waste," "pollutant," "toxic
pollutant" or "contaminant," including without limitation, any material, substance,
waste, chemical, compound, mixture or byproduct which is or contains asbestos,
polychlorinated biphenyls ("PCBs"), hexavalent chromium, hydrocarbons, oil or
petroleum products, petroleum distillates or petroleum byproducts, explosives,
radioactive materials, radon gas or formaldehyde. As used in this Declaration, the
term "Environmental Law" includes any and all federal, State of Washington and
local laws, regulations, rules, permit terms, codes and ordinances now or hereinafter
in effect, as the same may be amended from time to time, and applicable decisional
law, which refers or relates to environmental protection, human health, safety or
natural resources, including but not limited to: the Comprehensive Environmental
Response Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, et
seq. ("CERCLA"); the Resource Conservation and Recovery Act of 1976, 42
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U.S.C. Section 6901, et seq. ("RCRA"), the Toxic Substances Control Act of
1976, 15 U.S.C. Section 2501, et seq. ("TSCA"), the Superfund Amendments and
Reauthorization Act of 1986, Title III, 42 U.S.C. Section 11001, et seq.
("SARA"), the Clean Air Act, 42 U.S.C. Section 7401, et seq., the Federal Water
Pollution Control Act, 33 U.S.C. Section 1251, et seq., the Solid Waste Disposal
Act, 42 U.S.C. Section 3251, et seq., the Hazardous Materials Transportation Act,
49 U.S.C. Section 1801, et seq., the Washington Model Toxics Control Act,
R.C.W. Section 70.105D.010, et seq., and any and all regulations promulgated
thereunder.
The foregoing shall not prohibit the presence or use on the Property of a
Hazardous Material reasonably incidental to an intended use of the
Property, including by way of example cleaning or office supplies, in such
quantities and concentrations as are reasonably necessary for such use of the
Property, provided that the presence, use, storage, handling and disposal of any
such Hazardous Material complies with all applicable Environmental Laws (as
defined above). Without limiting the generality of the foregoing, any such
presence or use on the Property of a Hazardous Material shall not result in a
release of a Hazardous Material at, in, on, under, above or from the Property or
the Retained Property in a manner that violates any applicable Environmental
Laws, or that reasonably may give rise to liability for environmental response or
cleanup, damage to property, or personal injury to the owner or owners of all or
any portion of the Property or the Retained Property, or to any other person or
entity. The Owner of the Lot in question and the Owner of each Lot affected by a
release of Hazardous Materials shall promptly take all necessary and appropriate
actions, pursuant to applicable Environmental Laws, to remedy any non-
compliance with the requirements of this paragraph.
(17) Manufacturing, refining, storage, or distribution of petroleum or natural gas or
any of their respective products, including without limitation butane, propane,
gasoline or other fuels.
(18) Heavy or light industrial uses.
(19) Storage of paint or varnish in containers exceeding 500 gallons capacity.
(20) Manufacturing involving drop forge industries, smelting or metal plating or
compounding, processing or treatment of acids, detergents, disinfectants, dyes or
lubricating oils.
(21) Agriculture or farming.
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(22) Stockyard, slaughter of animals, raising or boarding of animals.
(23) Retail or wholesale sales by any automobile, truck, camper or mobile home
dealerships having outside storage and inventory.
(24) Open cross -dock truck terminals.
(25) Any use that adversely affects owners, occupants or users of neighboring
properties through the generation of fumes, dust, noise, electromagnetic or nuclear
radiation, thermal pollution, liquid or solid waste pollution, or particular danger of
fire or explosion.
(26) Any use that would require the cleanup or remediation under applicable law or
that otherwise may be performed in the future, to be performed to a standard higher
than the Industrial or Commercial standard that is in effect on the date hereof.
(c) Certain Nuisances
The following restrictions on nuisances shall apply to all Lots within the Property
(1) No public or private nuisance shall be permitted to exist or operate
upon any Lot or any portion thereof. The result of any act or omission whereby any
of the provisions contained in this Declaration is violated in whole or in part shall be
deemed to be a nuisance and all remedies allowed by this Declaration or by law or
equity with respect to nuisances, either public or private, shall be applicable and may
be exercised by Declarant prior to the Transition Date, or the Association (acting
through the Board) at any time.
(2) No rubbish, trash, waste, residue, brush, weeds, undergrowth or debris
of any kind or character shall ever be placed or permitted to accumulate upon any Lot
or any portion thereof, so as to render said premises a fire hazard, unsanitary,
unsightly, offensive or detrimental to any Person or activity on any other Lot or on
any public street.
(3) No Building or other Improvement shall be permitted to fall into
disrepair and all Buildings and other Improvements shall at all times be kept in good
condition and repair (including, without limitation, free of the presence of wood
destroying pests and organisms) and adequately painted or otherwise finished. Any
and all exterior repairs, redecorations, modifications or additions shall be made in
accordance with, and shall be subject to, the Governing Documents, the Entitlements
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and all applicable statutes, ordinances and governmental regulations, and shall be
approved in writing by Declarant.
(4) No condition shall be permitted to exist upon any Lot which shall
induce, breed or harbor infectious plant diseases, rodents or noxious insects (other
than for limited use under controlled laboratory research and development operations
which will not impact any other Lot).
(5) No Owner or Occupant shall in any way interfere with the natural or
established drainage of water over such Owner's or Occupant's Lot from adjoining or
other Lots, nor shall any Owner or Occupant in any way interfere with the natural or
established drainage of water from such Owner's or Occupant's Lot so as to cause or
permit water to drain onto, over or under any adjoining or other Lot. In the event it is
necessary to change the natural or established drainage Flow over any Lot, then the
Owner or Occupant of such Lot shall adequately provide for proper drainage, and
such changes shall be approved in writing by Declarant or, after the Transition Date,
by the Board. For the purposes hereof, "natural" drainage is defined as the drainage
which would naturally occur at the time of acquisition of a Lot from Declarant or (if
applicable) at such later time as the overall approved grading plan of the Property has
been completed by Declarant (if and when it is so completed by Declarant in its sole
and absolute discretion). For the purposes hereof, "established" drainage is defined
as the drainage which occurred or which would occur at the time the overall grading
of the Property, including the finish grading of each Lot, was or will be completed.
(6) Unless an exemption has been specifically approved in writing by
Declarant or, after the Transition Date, by the Board, no antenna, satellite dish or
other device for the transmission or reception of television signals or any other form
of electromagnetic radiation shall be erected, used or maintained outdoors above
ground on any Lot, whether attached to a Building or otherwise; provided, however,
that such devices may be placed on the roofs of buildings so long as they do not
extend beyond the roof line (which shall be measured by the roof curb or parapet).
(7) No tools or equipment and no derrick or other structure designed for
use in boring for water, oil, gas or other subterranean minerals or other substances, or
designed for use in any mining operation or exploration, shall hereafter be erected or
placed upon or adjacent to any Lot, except if such boring is conducted in connection
with a commercially reasonable environmental assessment.
(8) No adverse environmental condition shall be permitted to exist on any
Lot, nor shall any toxic or hazardous wastes be permitted to be generated, treated,
stored, disposed of or otherwise deposited in or on or allowed to emanate from any
Lot or any portion of the Property, including, without limitation, the surface waters
and subsurface waters thereof; provided, however, that hazardous substances may be
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stored or used so long as such storage and use is conducted in compliance with the
Entitlements and all applicable laws, statutes, ordinances, rules and regulations of any
City, County, State or federal governmental body.
(9) No Owner or Occupant shall permit anything to be placed in or on any
Building which shall cause sunlight glare in excess of that permitted by Declarant (or,
after the Transition Date, the Board) or any governmental entity with jurisdiction.
(10) Each Owner and Occupant shall affirmatively conserve water on its
Lot, and no Owner or Occupant shall use a greater quantity of water than that
reasonably necessary for the approved use of its Lot(s), including appropriate
landscaping thereof. Each Owner and Occupant hereby agrees that it will use its best
efforts to cooperate in and comply with (at its sole cost and expense) programs which
may be hereafter undertaken by the Association independently, or in cooperation with
or as mandated by local municipalities or governmental agencies, or in cooperation
with other property owners in the vicinity of the Property, to reduce water
consumption. Such programs may include, but shall not be limited to, regulation of
the hours and amount of irrigation, replacement of plumbing fixtures and parts with
more efficient models, and installation of water meters or regulators.
(d) Indemnification
Each Owner (including Declarant and its Affiliates only in their capacities as
Owners), by accepting its deed and/or continuing to own a Lot, and each Occupant (including
Declarant and its Affiliates only in their capacities as Occupants), by accepting the right to
occupy a Lot, agrees personally and for all its Permittees, to indemnify each and every other
Owner and Occupant, the Association, Declarant and each of their respective Affiliate(s),
heirs, successors and assigns, and to hold them harmless from, and to defend them against
any liability, including, without limitation, any claim by any Person for personal injury or
property damage, arising out of or connected with the Lot or Lots of that particular Owner or
Occupant or any activities conducted thereon; provided, however, that such liability shall
have resulted from the acts or omissions of the Owner or Occupant of such Lot or Lots. Any
loss or damage caused by an Owner or Occupant conducting any activity on the Common
Area shall be the responsibility of the Owner or Occupant who conducted such activity.
Without limiting the generality of the foregoing, the indemnity provided in this Section 3(d)
is expressly intended to include, and shall include, indemnification for any claim or cause of
action under the Comprehensive Environmental Response, Compensation and Liability Act
of 1980 (the "Superfund Act"), the Resource Conservation and Recovery Act, as amended
(42 U.S.C. § 6901 et seq. , the Washington Model Toxics Control Act, (R.C.W. Ch.
70.105D), the Washington Hazardous Waste Management Act (R.C.W. Ch. 70.105), all as
amended from time to time, and any other federal, State or local environmental or other
statutes, ordinances, regulations or guidelines; provided, however, that such indemnity shall
be limited to liability and loss of property value caused by any Hazardous Materials placed or
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permitted to be placed on any Lot or Lots by the Owner or any Occupant of such Lot(s) or a
Permittee of the Owner or such Occupant. Nothing in the foregoing shall limit the rights of
the Owner, the Association or Declarant under relevant State, local or federal law. Each
Owner will cause the indemnification provisions of this Section to be set forth in each lease
of all or any portion of a Lot, and the indemnification provisions of this Section are hereby
deemed and agreed to be incorporated into each and all such lease(s), whether or not
expressly set forth therein.
4. APPROVAL OF PLANS
(a) Approval Required
No Improvement(s) shall be commenced, erected, placed, moved, altered, maintained
or permitted to remain on any Lot or any portion thereof until master plans, preliminary
plans, final plans and all other plans, specifications, drawings, designs and other materials
required by Declarant to be submitted have been submitted (in the form and content and with
the number of copies required by Declarant) to and approved in writing by Declarant. Such
plans and specifications shall be submitted in writing over the authorized signature of the
Owner or Occupant of the Lot or his authorized agent. Nothing herein contained shall
require submission to or approval by Declarant of plans and specifications relating to normal
maintenance of or alterations to the interior (except the lobby area) of any structure existing
or under construction in the Property on the date of recording of this Declaration or hereafter
constructed in compliance with the requirements of this Declaration. Approval by Declarant
of any plans, specifications, drawings, designs or other materials submitted to it shall not be
deemed to be approval from the standpoint of structural safety or conformance with the
Entitlements or any applicable governmental laws, statutes, ordinances, rules or regulations,
including, without limitation, building codes and all applicable handicapped and disabled
persons accessibility requirements such as the Americans with Disabilities Act of 1990.
Effective as of the Transition Date, the approval and other rights of Declarant set forth in this
Section 4 shall transfer automatically and thereafter be exercised by the Board or such
committee as may be established by the Board for such purpose.
(b) Basis for Approval
Approval by Declarant or Board, as applicable, shall be based, among other things, on
(a) adequacy of site dimensions, (b) conformity and harmony of external design with existing
and planned neighboring structures, (c) effect of location of proposed Improvements on
neighboring Lots, (d) design of roofscape from the standpoint of view from adjacent areas,
(e) proper site orientation with respect to nearby streets and (f) conformity of the plans and
specifications and the quality of the proposed Improvements to the purpose, general scheme
and quality of improvement and development and intent of this Declaration. Declarant or the
Board, as applicable, shall not arbitrarily or unreasonably withhold its approval of such plans
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and specifications; provided, however, that Declarant or the Board, as applicable, shall at all
times be subject to compliance with the provisions of this Declaration and the Entitlements.
(c) Time for Approval or Disapproval
All approvals and disapprovals by Declarant or the Board, as applicable, shall be in
writing. In the event that Declarant or the Board, as applicable, or their respective
designated representatives fails to approve, disapprove or grant an extension of time within
which to approve or disapprove any request, plan, specification, design or plot plan within
thirty (30) days after the Submittal Date (as that term is defined below in this Section 4(c)),
then the provisions hereof relating to such approval by shall be deemed to have been waived
solely as to such plan, specification, design or plot plan; provided, however, that such waiver
shall not be deemed to be a waiver of any other covenant, condition or restriction provided
herein. The method for all submittals to Declarant or the Board, as applicable, shall be by the
mailing of a certified first class letter via United States Mail, return receipt requested, or by
personal delivery (including courier service or messenger) to such party, which shall, within
ten (10) business days of receiving said letter, give written acknowledgement of the receipt
thereof to the submitting party. For purposes of this Section 4, the "Submittal Date" shall be
the date upon which Declarant or the Board, as applicable, receives the submittal, as shown
on the writing from Declarant or the Board, as applicable, acknowledging receipt of such
submittal.
(d) Presumption of Compliance
Notwithstanding anything to the contrary herein contained, after the expiration of two
(2) years from the date of issuance of a building permit by the City for any Improvement,
said Improvement shall, in favor of purchasers and encumbrancers in good faith and for
value, be deemed to be completed and in compliance with all provisions of this Section 4,
unless actual notice of such noncompletion or noncompliance, executed by Declarant or the
Board, as applicable, or a designated representative thereof, shall appear of record in the
Office of Records and Elections of the County or unless legal proceedings shall have been
instituted to enforce such completion or compliance.
(e) Fee
(1) An architectural review fee shall be paid to Declarant or, after the
Transition Date, to the Association. The amount of such fee shall not exceed the
Declarant's or Association's estimate (a copy of such estimate shall be provided to a
Lot Owner within 10 calendar days of such Lot Owner's written request) of the
out-of-pocket cost to be incurred by Declarant or the Association (i) for hiring outside
consultants to review such plans, and (ii) for any other reasonable expenses incurred
by Declarant or the Association in connection with its review, analysis and approval
of such plans. Such fees shall be paid at such times and in such manner (including,
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without limitation, partial or full payment in advance, based on Declarant's or the
Association's estimate of the costs it is likely to incur in connection therewith) as
Declarant or the Association may determine. In addition, Declarant or the
Association may (in its sole discretion and as a condition to granting any consent(s) to
proposed development) require a deposit from any Lot Owner(s) in order to secure
payment for the possible repair, correction or cleanup of Common Area, other Lot(s),
rights of way or Improvements which is reasonably likely to result from such
Owner(s)' construction activities.
(2) If plans are such that after review they are disapproved as not
conforming with the provisions of this Declaration, the Entitlements and/or any
criteria reasonably imposed by Declarant or the Board, as applicable„ then the
subsequent submittal of the portion of the plans that is revised or new shall be
deemed to be a new, partial submittal, which shall again be subject to the foregoing
fee.
(f) Governmental Action
If the plans approved by Declarant or the Board, as applicable, are subsequently
required to be modified by City or other governmental action, said revisions shall require the
approval of Declarant or the Board as provided in this Section 4 and Declarant or the
Association, as applicable, shall be paid an additional architectural review fee, the amount of
which shall be determined as provided in Section 4(e)(1) above. In any event, one complete
set of final plans shall be furnished to Declarant or the Association, as applicable, upon
approval by the City, and such plans shall be kept on file in the records of the Association in
order to assist in ensuring that the Improvements are constructed in compliance therewith.
At such time as construction is completed, one complete set of final "as built" plans and
specifications shall be furnished to Declarant or the Association, as applicable, and kept on
file in the records of the Association.
(g) Estoppel Certificate
Within thirty (30) calendar days after written demand and upon payment of a fee not
to exceed Declarant's or the Association's reasonable out-of-pocket costs to prepare such
certificate, Declarant or the Association, as applicable, shall execute an estoppel certificate
certifying that as of the date thereof either (a) to the knowledge of the Declarant or the
Association, all Improvements constructed or other work done on a particular Lot, the plans
and specifications for which were duly approved by the Declarant or the Association, comply
with this Declaration, or (b) such Improvements or work do not so comply, in which event
the certificate shall identify the noncomplying Improvements or work and set forth with
reasonable particularity the nature of such noncompliance. Any lessee, purchaser or
encumbrancer in good faith and for value shall be entitled to rely upon such certificate with
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respect to the matters set forth therein, such matters being conclusive as between Declarant
and such lessee, purchaser or encumbrancer.
(h) Non -Liability of Declarant and Association
Without limiting the generality of Section 7(x) hereof, except as otherwise set forth
below in this Section, neither the Declarant nor the Association shall be liable for damages to
anyone submitting plans to it for approval or to any Owner, Occupant or other Person by
reason of any (a) mistake in judgment, (b) negligence or nonfeasance arising in connection
with the approval or disapproval of any plans, or (c) the execution and filing of an estoppel
certificate pursuant to Section 4(g) hereof. Notwithstanding the foregoing, Declarant and the
Association shall remain subject to liability for any breach of their obligations under this
Declaration. Anyone who submits plans and specifications to Declarant shall be deemed to
have agreed by submission of such plans and specifications, and every Owner and Occupant
by acquiring title and/or possessory rights to any Lot agrees, that he will not bring any action
or suit against Declarant for the recovery of damages by reason of any such approval or
disapproval or by reason of any mistake in judgment, negligence or nonfeasance arising in
connection with the performance by Declarant or the Association of such matters. In the
event the Association shall be held liable with respect to any such approval, disapproval,
mistake, negligence or nonfeasance, then the Association shall not be entitled to obtain
indemnification or contribution from Declarant with respect to such approval, disapproval,
mistake, negligence or nonfeasance, except to the extent that such liability arises from or
relates to a breach by the Declarant of its obligations under this Declaration.
(i) Improvements Maintenance Standards
Declarant shall have sole responsibility for the interpretation and implementation of
the Improvements Maintenance Standards, provided, however, that the Improvements
Maintenance Standards shall be uniformly applied to all Lots, taking into account any
circumstances unique to a Lot that may require modifications to the Improvements
Maintenance Standards in order to achieve the purposes thereof. In addition, and
notwithstanding any other provision of this Declaration, Improvements Maintenance
Standards shall not be adopted and, once adopted, the Improvements Maintenance Standards
may not be amended, supplemented or repealed in whole or in any material part without the
prior written consent or affirmative vote of Owners owning seventy-five percent (75%) of the
Total Entitlement. Effective as of the Transition Date, the rights and obligations of Declarant
set forth under this Section shall transfer automatically and thereafter be exercised by the
Board or such committee as may be established by the Board for such purpose. Among other
things, the Improvements Maintenance Standards shall require all Lots, Improvements, and
Buildings, to be kept and maintained in good repair, clean and free from garbage and debris,
and in a safe, secure, and aesthetically pleasing manner. The Improvements Maintenance
Standards shall at all times remain commercially reasonable, and shall not require any Lots
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or Buildings to be maintained in a manner exceeding customary standards applicable to
office park developments of similar type, kind, and quality.
(j) Existing Structures and Uses and Construction by Declarant
Neither this Section 4 nor the provisions of Sections 2(e), 2(0, 2(g), 2(h), 2(i), 3(a),
3(b), 3(c)(5), 3(c)(6) or 3(c)(10) shall apply so as to require the alteration of structures
existing or under construction by Declarant, any designee of Declarant, or, to the extent
approved by Declarant, or the modification of uses existing within the Property as of the date
of recordation of this Declaration.
5. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
(a) Qualification and Voting
(1) Every Owner of a Lot within the Property shall be a member of the
Association. Membership in the Association shall be appurtenant to, and may not be
separated from, ownership of any Lot, which is subject to Assessment. Membership
in the Association shall not be transferred, pledged or alienated in any way, except
upon the sale of the Lot to which such membership is appurtenant, and then only to
the purchaser of such Lot, and, upon the sale of a Lot, the seller's membership in the
Association shall terminate as to such Lot. Any purported transfer of membership in
the Association to any transferee not permitted under this Section 5(a) shall be null
and void and of no force and effect. In the event the Owner of any Lot shall fail or.
refuse to transfer its membership in the Association to the purchaser of its Lot, then
the Association shall have the right to enter such transfer upon its books and, upon
such entry, the old membership outstanding in the name of the seller shall be null and
void and of no force and effect.
(2) Except as otherwise provided in this Declaration, the Articles, the
Bylaws or applicable law, all matters requiring the approval of the Owners shall be
deemed approved if (i) a Majority of the Owners assent to them by written consent or
(ii) if approved by a Majority of the Owners at any duly called regular or special
meeting of the Owners at which a quorum is present, either in person or by proxy.
Except as otherwise provided in this Declaration, the Articles, the Bylaws or
applicable law, a Majority of the Owners shall constitute a quorum for any such
regular or special meetings. In no event may the Association be voluntarily wound
up and dissolved without the approval and consent of each Owner and a legal opinion
furnished by counsel certifying compliance with all relevant legal requirements. The
provisions of this Declaration that require the approval of the Owners or a Majority of
the Owners shall continue in force and effect whether or not the Association is
formed.
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(3) Each Member of the Association (including without limitation
Declarant during the period(s) of time that it owns any Lot(s) within the Property), or,
if the Association is not formed, each Owner (including without limitation Declarant
during the period(s) of time that it owns any Lot(s) within the Property), shall be
entitled to cast one vote per Square Foot of each Lot owned by such Member.
(b) Voting Percentage
Each Voting Member's voting power shall be determined by dividing the total
number of votes to which such Member is entitled ("Voting Entitlement") by the combined
Voting Entitlement of all Owners from time to time ("Total Entitlement") determined in
accordance with the procedures set forth below.
(c) Voting in Cases of Joint Ownership
In the event that two (2) or more Persons comprise the Owner of any particular Lot,
and such Persons are unable to agree among themselves as to how the votes to which they are
entitled shall be cast, then they shall lose their right to vote on the matter in question. If any
such Person casts votes representing a particular Lot, it will thereafter be conclusively
presumed for all purposes that he was acting with the authority and consent of all the other
Persons comprising the Owner of such Lot.
(d) Transfers
(1) The Owner of a Lot shall, as soon as practicable before transfer of title
to such Lot or execution of a real property sales contract therefor, provide the
following to the prospective purchaser:
(A) Copies of the Governing Documents;
(B) A copy of the most recent financial statement made available
by the Association pursuant to Section 1 I(c) hereof; and
(C) A true statement in writing from an authorized officer of the
Association as to the amount of any Assessments levied upon the Lot which
remain unpaid as of the date of such statement. The statement shall also
include true information on late charges, interest and costs of collection
which, as of the date of such statement, are or may be made a lien upon the
Lot pursuant to Section 6(h) hereof or applicable law. Such a statement shall
be conclusive upon the Association in favor of any and all Persons who rely in
good faith thereon as to the matters therein contained.
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(2) The Association shall maintain and, within ten (10) business days of
receipt of a written request, shall make available to the Owner of a Lot, a copy of the
requested items specified in Section 5(d)(1)(A), (B) and (C) hereof. The Association
may charge a fee for this service, which fee shall not exceed the Association's
reasonable cost to prepare and reproduce the requested items.
(3) The Association shall have the right to collect a fee in connection with
a transfer of title or of any other interest in a Lot to cover its reasonable costs incurred
in connection therewith, including, without limitation: (i) a fee equal to the
Association's actual cost to change its records to reflect such transfer and (ii) the fee
authorized by Section 5(d)(2) hereof. The Board may establish a schedule of fees
based on its reasonable estimate of the Association's cost to perform such services
and may impose such fees on the basis of such estimate. In the event such schedule is
established, then the fees set forth therein shall conclusively be presumed to satisfy
the requirements of Section 5(d)(2) hereof and this Section 5(d)(2).
(4) Concurrently with the consummation of the sale of any Lot, or within
five (5) days thereafter, the transferee shall notify the Association in writing of such
sale. Such notification shall set forth the name of the transferee and its Mortgagees
and the transferor, the address of the Lot purchased by the transferee, the transferee's
and the Mortgagees' mailing address and the date of sale. Before the receipt of such
notification, any and all communications required or permitted to be given by the
Association or the Board shall be deemed to be duly made and given to the transferee
if duly and timely made and given to the transferee's transferor.
(5) Nothing in this Section 5(d) shall be construed as affecting the validity
of title to any Lot transferred in violation of this Section 5(d).
6. COVENANT FOR ASSESSMENTS TO AND BY THE ASSOCIATION
(a) Covenant to Pay Assessments
(1) Declarant and each future Owner of a Lot or Lots in the Property, by
acceptance of a deed thereto (whether or not it shall be so expressed in such deed), is
hereby deemed to covenant and agree to pay to the Association:
(A) Regular Assessments, which shall include an adequate reserve
fund for the periodic maintenance, repair and replacement of the Common
Area; and
(B) Special Assessments, as set forth in this Declaration.
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(2) Assessments shall be established and collected as hereinafter provided.
All Regular and Special Assessments, together with interest at a rate of eighteen
percent (18%) per annum or, if less, the highest rate permitted by law, costs and
reasonable attorneys' fees, shall be a charge and a continuing lien upon the Lot
against which each such Assessment is made. No Owner of a Lot may exempt itself
from liability for the payment of Assessments by waiving the use or enjoyment of any
part of the Common Area or by abandoning its Lot.
(b) Purpose of Assessments
Subject to Section 6(e) hereof, the Association shall levy Regular Assessments and
Special Assessments sufficient to perform its obligations under the Governing Documents
and to pay for Common Expenses. Such Assessments shall be used exclusively to promote
the health, safety and welfare of the Owners and Occupants, for the improvement and
maintenance of the Common Area, for the performance of the duties and operations of the
Association and to further any other purpose that is for the common benefit of the Owners
and Occupants in their use and enjoyment of the Property.
(c) Regular Assessments
Regular Assessments shall be levied for each Fiscal Year by the Association based
upon the annual budget adopted by the Board as set forth in Section 7(q) hereof.
(d) Special Assessments
(1) In addition to the annual Regular Assessments authorized in this
Section 6 but subject to Section 6(e) hereof, the Association may levy, in any Fiscal
Year, a Special Assessment for the purpose of defraying, in whole or in part, the cost
of (a) any construction, reconstruction, alteration, repair or replacement of a capital
improvement upon the Common Area and/or fixtures and personal property related
thereto and (b) any other action or undertaking by or on behalf of the Association
which exceeds the budgeted gross expenses of the Association for that Fiscal Year.
Notwithstanding the foregoing, the Association may not impose a Special Assessment
for purposes of making a substantial capital improvement to the Common Area and/or
fixtures and personal property related thereto, or impose any other substantial Special
Assessments on the Owners, without the prior written approval or affirmative vote of
Owners owning seventy-five percent (75%) of the Total Entitlement, unless the
capital improvement is required in order to cause the Common Area and/or the
fixtures or personal property included therein to comply or continue to comply with
the requirements of law, governmental authorities or insurance policies, to mitigate or
prevent a condition that does or may pose a risk of injury to persons or material
damage to property or to repair damage from a casualty to the extent not covered by
insurance. In addition, all costs and expenses associated with the initial development
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and construction in the Common Area of the access road serving the Property have
been or shall be borne by Declarant and other Owners in accordance with the terms of
outside agreements between them, and the Association shall not bear or impose any
Special Assessments with respect to such costs and expenses.
(2) In addition to the Special Assessments provided in Section 6(d)(1), the
Association may levy a Special Assessment against any individual Lot as a fine under
Section 7(h)(2) hereof or to reimburse the Association for costs incurred by the
Association (including reasonable attorneys' fees, interest or any other miscellaneous
costs) in bringing such Lot and/or the Owner or Occupant thereof into compliance
with the Governing Documents (including, without limitation, under Section 9(a)(1)
hereof), which Special Assessment may be levied upon the vote of the Board after
notice and an opportunity for a hearing pursuant to the procedure set forth in
Section 7(h)(1) hereof.
(e) Limitation on Assessments
Notwithstanding any other provision of this Declaration to the contrary, the Board
shall not impose or collect any Assessment that exceeds the maximum amount allowed by
law.
(f) Allocation of Assessments
Both Regular and Special Assessments (except where Special Assessments are levied
as a fine under Section 7(h)(2) hereof or are a remedy utilized by the Board against a
particular Owner to reimburse the Association for costs incurred in bringing such Owner,
such Owner's Lot and/or the Occupant of such Lot into compliance with the provisions of the
Governing Documents) shall be divided among Owners based on the ratio that such Owner's
Voting Entitlement bears to the Total Entitlement (as determined by the formula set forth in
Section 5(b) hereof).
(g) Commencement of Assessments
(1) The Regular Assessments provided for herein shall commence as to all
Lots on the first day of the month following the recordation of this Declaration. The
first Regular Assessment shall be prorated according to the number of months
remaining in the Fiscal Year in which such recordation occurs. The Board shall
determine and fix the amount of the Regular Assessment against each Lot at least
forty five (45) but not more than ninety (90) days in advance of the commencement
of each Fiscal Year, and shall establish the due date(s) for payment of such
Assessments. Subject to Section 6(e) hereof, the Board may increase or decrease the
Regular Assessments from Fiscal Year to Fiscal Year.
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(2) Written notice of each Assessment shall be sent to every Owner
subject thereto. Each Assessment levied against a Lot shall become a debt of the
Owner of such Lot at the time such Assessment is levied. If there is more than one
Person comprising the Owner of a particular Lot, each such Person shall be jointly
and severally liable for such Assessments.
(h) Liens for Delinquent Assessments
(1) Regular and Special Assessments shall be delinquent thirty (30) days
after they become due. The Association may but shall not be obligated to send notice
of such delinquency (an "Assessment Delinquency Notice") to the Owner of any Lot
with respect to which an Assessment has become delinquent. At any time after (1)
any Assessment levied by the Association affecting any Lot has become delinquent,
(2) the Association has given to the Owner of such Lot an Assessment Delinquency
Notice, and (3) a period of fourteen (14) calendar days has passed following the date
on which the Association sent the Assessment Delinquency Notice during which time
the delinquency has not been cured, the Board may file for recordation in the Office
of Records and Elections, King County, Washington, a notice of delinquent
Assessment as to such Lot, which notice shall state (i) all amounts which have
become delinquent with respect to such Lot, the costs of collection connected
therewith (including attorneys' fees), the amount of the late charge imposed (which
shall not exceed ten percent (10%) of the delinquent Assessment or Ten Dollars
($10), whichever is greater) and the interest which has accrued thereon, (ii) the
amount of any Assessments relating to such Lot which are due and payable although
not delinquent, (iii) a description of the Lot with respect to which the delinquent
Assessments are owed and (iv) the name of the record or reputed record Owner of
such Lot. Such notice shall be executed by any officer of the Association.
Immediately upon recording of any such notice of delinquent Assessment, the
amounts delinquent as set forth in such notice, the reasonable costs (including
attorneys' fees) incurred in collecting the delinquent Assessment, the late charge
imposed as provided herein and interest which has accrued or thereafter shall accrue
thereon, shall together be and become a lien upon the Lot described therein, which
lien shall also secure all other Assessments, costs of collection (including attorneys'
fees), late charges and interest accruing thereon which shall become due and payable
with respect to said Lot following such recording. Upon full payment of the sums
specified in the notice of delinquent Assessment, the Association shall cause to be
recorded a further notice, similarly executed, stating that the lien has been satisfied
and released.
(2) The lien of the Assessments provided in Section 6(a) hereof and the
lien for delinquent Assessments, costs of collection, late charges and interest provided
in Section 6(h)(1) shall be prior and superior to all other liens except taxes, bonds,
governmental assessments and other levies which, by law, would be superior thereto.
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The sale or transfer of any Lot shall not affect or extinguish an Assessment lien
against such Lot; provided, however, that the sale or transfer of any Lot through
foreclosure (judicial or nonjudicial), trustee's sale or deed in lieu of foreclosure shall
extinguish the lien of such Assessment as to payments which became due prior to
such transfer, as provided in Section 1 1(a) hereof. In no event shall any sale or
transfer (whether by foreclosure or otherwise) relieve any Lot from lien rights in the
Association for any Assessments thereafter becoming due.
(i) Enforcement of Assessment Obligation
The Association may enforce delinquent Assessments by suing the Owner directly on
the debt established by the Assessment, or by recording a lien against the Owner's Lot as
provided in Section 6(h) hereof and foreclosing the lien through judicial proceedings (or if
legally available after recordation of this Declaration, through nonjudicial proceedings). The
Association may commence and maintain a lawsuit directly on the debt without waiving its
right to establish a lien against the Owner's Lot for the delinquent Assessment, and vice
versa. Any lien created pursuant to Section 6(h) hereof may be enforced in any manner now
or hereafter permitted by law, including foreclosure sale by a court or nonjudicial foreclosure
procedures (to the extent such procedures are hereafter adopted or permitted under applicable
law). The Association shall have the power to bid for the Lot at a foreclosure sale, and to
acquire and hold, lease, mortgage and convey the same. Nothing herein contained shall
prohibit the Association from taking a deed in lieu of foreclosure of a lien created pursuant to
Section 6(h) hereof. In any action instituted by the Association to collect delinquent
Assessments, accompanying costs, late charges or interest, the prevailing party shall be
entitled to recover its costs and reasonable attorneys' fees.
(j) Assessments for Taxes
Subject to Section 6(e) hereof, in the event that any taxes of any nature are assessed
against the Common Area or the personal property of the Association rather than against an
individual Lot, then said taxes shall be added to the annual Regular Assessments or, at the
discretion of the Board, a Special Assessment may be levied in an amount equal to said taxes.
7. POWERS AND DUTIES OF THE ASSOCIATION
The Association shall have all the powers of a nonprofit mutual corporation organized
under the Washington Nonprofit Miscellaneous and Mutual Corporations Act
(Chapter 24.06), subject only to such limitations on the exercise of its powers as are
established by law or set forth in the Articles, the Bylaws or this Declaration. It shall have
the power to do any lawful thing that may be authorized, required or permitted to be done by
the Association under this Declaration, the Sections or the Bylaws, and to do and perform
any act that may be necessary or proper for, or incidental to, the exercise of any of the
express powers of the Association. Subject to the limitations set forth in this Declaration, the
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Articles, the Bylaws or the laws of the State as to actions which must be authorized or
approved by the Members of the Association (i.e., the Owners), all corporate powers shall be
exercised by or under the authority of, and the business and affairs of the Association shall be
controlled by, the Board. Without limiting the generality of the foregoing but subject to the
same limitations, it is hereby expressly declared that, in addition to the other powers and
duties of the Board provided in this Declaration and elsewhere in the Governing Documents,
the Board shall specifically have:
(a) Designate Officers
The power and the duty to select, appoint and remove the officers, agents and
employees of the Association, prescribe such powers and duties for them as are not be
inconsistent with law, the Entitlements, the Articles, the Bylaws or this Declaration and,
subject to the provisions of the Bylaws, fix their compensation.
(b) Management and Control
The power and the duty to conduct, manage and control the affairs and business of the
Association, and to make such rules and regulations therefor as they deem best and as are not
inconsistent with law, the Entitlements, the Articles, the Bylaws or this Declaration.
(c) Principal Office
The power but not the duty to change the principal office for the transaction of the
business of the Association from one location to another within the County and to designate a
place within the State for the holding of any membership meeting or meetings.
(d) Incur Indebtedness
The power but not the duty to borrow money and incur indebtedness for the purposes
of the Association, and to cause to be executed and delivered for and in the name of the
Association, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges or other
evidences of debt and security therefor.
(e) Insurance
(1) To the extent the coverage described in this Section 7(e) is available at
a reasonable cost, the power and the duty to obtain and maintain in force the
following policies of insurance:
(A) Comprehensive public liability insurance with a single limit
and deductible which, in the judgment of the Board, will provide adequate
protection to the Association, but, in any event, with a single limit of not less
than Two Million Dollars ($2,000,000) per occurrence and with a deductible
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of not more than Ten Thousand Dollars ($10,000), insuring the Association
against liability for bodily injury, death and property damage arising in
connection with the ownership or use of the Common Area, any other
Association owned or maintained real or personal property or the activities of
the Association;
(B) Fidelity insurance in the form of a bond in an appropriate
amount as determined by the Board, which names the Association as obligee
and protects against misuse and misappropriation of Association property by
Directors, officers, committee members, trustees and employees of the
Association and any management agent and its officers, agents and
employees, whether or not such Persons are compensated for their services;
(C) Workers' Compensation Insurance, to the extent required by
law, covering any employee or uninsured contractor of the Association;
(D) Property and hazard insurance with extended coverage and
special form endorsements covering the replacement cost of any buildings and
other insurable improvements which may hereafter be located on the Common
Area. The proceeds from such insurance shall be paid as provided in any
Mortgage covering the Common Area, or, if there is no such Mortgage, to the
Association, which shall use such funds for the repair, reconstruction or
replacement of the improvements so covered;
(E) Insurance in an amount to be determined by the Board, but in
any event not less than One Million Dollars ($1,000,000), on behalf of
(a) each Director and (b) such other committee members and officers as the
Board in its discretion deems appropriate, for liability asserted against or
incurred by such Director, committee member or officer in such capacity or
arising out of such status, regardless whether the Association would have the
power to indemnify such Director, committee member or officer against such
liability under applicable law; and
(G) Such other insurance as the Board shall deem necessary or
expedient to carry out the functions of the Association as set forth in this
Declaration, the Sections and the Bylaws.
(2) The liability insurance referred to in Section 7(e)(1)(A) shall name
Declarant, the Directors, any manager and the Owners (as a class) as additional
insureds, and such policy shall include, if obtainable, a cross liability or severability
of interest endorsement insuring against liability to each other insured.
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(3) Every policy of insurance obtained by the Association, whether or not
required to be obtained pursuant to the provisions of this Declaration, shall expressly
waive any and all rights of subrogation against Declarant, its Affiliates,
representatives and employees, the Directors and all Owners.
(4) The premiums for the insurance policies obtained and maintained by
the Association shall be a part of the Common Expenses to be included in the
calculation of the regular Assessments levied by the Association.
(5) The Board shall periodically review the coverage provided by the
insurance policies obtained and maintained by the Association and, to the extent that
increased coverage is available and at the Board's discretion, shall increase such
coverage in light of inflation, increased risk and similar factors.
(f) Utilities
The power and the duty to pay all charges for utility services for the Common Area.
(g) Common Area
The power and the duty to manage, operate, maintain, repair, restore, add to and
replace (and/or make capital expenditures for and on behalf of the Association with respect
to) (a) the Common Area and all improvements located thereon (including, without
limitation, the express obligation at all times to preserve, plant, install, repair and maintain
the Common Area as set forth in this Declaration), (b) all other property (whether real or
personal) owned by the Association, and (c) any and all property, signs or Improvements
which negatively impact or may negatively impact the Property and which are to be
maintained by third parties (including without limitation the City) which are not maintained
to the satisfaction of the Association and Declarant (including without limitation any and all
areas, walkways and streets dedicated by Declarant). Notwithstanding the foregoing, the
Association may not acquire additional property as Common Area or sell or transfer any
Common Area property (other than a quitclaim of Project Monument Areas by or to
Declarant in accordance with the definition of "Common Area" under Section 1), or convert
any portion of any Lot into Common Area (other than in connection with the relocation of
Common Area in accordance with the definition of "Common Area") without the prior
written approval or affirmative vote of Owners owning seventy-five percent (75%) of the
Total Entitlement. If any portion of a Lot is to be converted into Common Area, the written
approval of the Owner of such Lot shall be required.
(h) Enforcement
The power and the duty to enforce the provisions of the Governing Documents and
the provisions of any agreement to which the Association is a party. In addition to the other
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powers of the Board provided herein and under applicable law, the Board shall have the
power:
(1) To suspend all rights and privileges of an Owner in the Association for
(i) a failure to pay any Regular Assessment or Special Assessment in full promptly
when due (whether or not the Owner is personally obligated to pay such Assessment)
or (ii) each violation of any provision of the Governing Documents. Such suspension
shall continue for a period of time determined by the Board and may, at the Board's
discretion, continue until the Regular Assessment or Special Assessment is paid in
full or the violation is cured. Such suspension shall not take effect unless the Owner
is notified and given an opportunity for a hearing as required by applicable law;
provided, however, that the following minimum requirements shall apply:
(A) The Owner shall be notified in writing of the suspension and
the reasons therefor at least fifteen (15) days prior to the effective date of the
suspension;
(B) If requested by the Owner in writing within five (5) business
days after receipt of such notice, a hearing on said suspension shall be held
before the Board; and
(C) Said hearing shall be held by the Board at least five (5)
business days before the effective date of the suspension, and at said hearing
the Owner shall have the right to appear and defend himself against the
matters resulting in the notice of suspension.
(2) To levy and assess fines against any Owner who violates, or whose
Occupants or Permittees violate, the Governing Documents, pursuant to the same
notice and hearing procedure as is provided for suspension in Section 7(h)(1), and
such other procedures and/or schedules as the Board may establish. Upon notice to
the Owners, the Board may establish a schedule of fines for individual offenses
and/or continuing offenses, which schedule shall thereafter govern the amount of the
fines to be levied, until such schedule is modified or repealed by the Board. Fines
may be levied for each offense and, once levied, each such fine shall become an
Assessment and lien against such Owner's Lot or Lots. Any Owner against whom
such a fine is levied shall pay such fine to the Association within ten (10) business
days after such levy. The Association shall be entitled to take any legal action or
employ any remedies set forth hereunder or permitted by law to enforce the payment
of such fines.
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(i) Square Footage/Total Entitlement Monitoring
The power to track and monitor the Square Footage of all Lots owned by all Owners
from time to time within the Property by ownership, in accordance with the definition set
forth in definition "Special Assessments" hereof and the Voting Entitlement and Total
Entitlement of the Owners.
0) Contract and Make Payments
The power and the duty to contract and pay for Common Expenses. Withdrawals of
funds from the Association's accounts may be made by any individual or individuals
authorized by the Board to make such withdrawals.
(k) Employment of Agents
The power but not the duty to employ the services of any Person or Persons to
manage and conduct the business of the Association and upon such conditions as are deemed
advisable by the Association, to delegate to such Person or Persons any of its powers.
(1) Services
The power but not the duty to institute any other services for the benefit of the
Owners deemed advisable by the Association.
(m) Recycling Program
The power but not the duty to design and implement a programs) for the recycling of
the Property's solid waste and to require that all Owners:
(1) individually attempt to recycle solid waste; and
(2) cooperate in any program or effort, which may be undertaken by the
Association or a Declarant independently, or in cooperation with local municipalities
or governmental agencies or other Owners, to encourage recycling of such waste.
(n) Taxes
The power and the duty to pay any taxes and governmental assessments, which are or
could become a lien on the Common Area or any portion thereof.
(o) Discipline
The power but not the duty to initiate and execute disciplinary proceedings against
Owners and Occupants for violations of the provisions of the Governing Documents.
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(p) Periodic Review of Financial Condition
The power and the duty to periodically review the financial condition of the
Association as required by applicable law or as otherwise provided herein or in the Bylaws.
(q) Budget
The power and the duty to prepare annual budgets and financial statements for the
Association and to distribute such budgets and financial statements to the Owners as required
by applicable law or as otherwise provided herein or in the Bylaws.
(r) Litigation
The power and the duty to prosecute or defend, in the name of the Association, any
action affecting or relating to the Association and any action in which all or substantially all
of the Owners have an interest.
(s) Delegation of Powers
The power but not the duty to delegate any of its powers hereunder to other Persons,
including, without limitation, committees, officers and employees.
(t) Security
The power but not the duty to provide, through an outside agency, a security force to
patrol and protect the Common Areas.
(u) Rules
(1) The power but not the duty to adopt, amend, supplement and repeal the
Rules. The Rules may restrict and govern the use of the Common Area by any
Owner or Occupant; provided, however, that the Rules may not discriminate between
the various Owners and Occupants.
(2) A copy of the Rules shall be given to each Owner not less than ten
(10) business days before said Rules (or, as applicable, an amendment thereto) shall
be effective. The Rules shall have the same force and effect as if set forth herein and
made a part of this Declaration.
(3) Notwithstanding subsections (1) and (2), above, once adopted the
Rules may not be amended, supplemented or repealed in whole or in part without the
prior written consent or affirmative vote of Owners owning seventy-five percent
(75%) of the Total Entitlement, unless an amendment or supplement is needed in
order to cause the use of the Common Area to comply or to continue to comply with
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the requirements of law, a governmental authority, an insurance policy or this
Declaration, in which case the prior written consent or affirmative vote of a Majority
of the Owners shall be required.
(v) Improvements Maintenance Standards
(1) After the Transition Date, the power but not the duty to adopt (if not
previously adopted) amend, supplement and repeal the Improvements Maintenance
Standards (subject to the limitations set forth in Section 4(i)); provided, however, that
at no time shall the standards set forth therein for repair and maintenance be lower
than the minimum standards set forth in this Declaration or required by the
Entitlements; and provided further that the Improvements Maintenance Standards
may impose higher standards of maintenance for Lots visible from main public streets
and/or the Common Area than Lots not so visible. Whether or not Improvement
Maintenance Standards have been adopted, nothing in this Section 7(v) shall be
construed as relieving any Owner or Occupant from the obligation to at all times
comply with the minimum standards for repair and maintenance set forth in this
Declaration.
(2) Copies of the Improvements Maintenance Standards and, as
applicable, copies of any amendment, modification or supplement thereto shall be
given to each Owner not less than ten (10) business days before the same shall be
effective. The Improvements Maintenance Standards shall have the same force and
effect as if set forth herein and fill part of this Declaration.
(w) Right to Grant Easements
(1) The power and the duty to grant utility and other easements, through
and over the Common Area which are reasonably necessary or appropriate in
connection with the operation or activities of the Association or to the ongoing
development of lands held by Declarant or an Affiliate of Declarant in or around the
Property; provided, however, that such easements shall be limited only to the
location, scope and size reasonably necessary to accomplish the stated purpose of
such easement or to comply with any relevant governmental requirements. Declarant
agrees that all such easements across the Common Area in favor of the Association,
all Owners and/or the public will be located so as to reasonably minimize, consistent
with appropriate governmental requirements, the impact on the access and use of the
Common Area.
(2) The power but not the duty to relocate easements for ingress and
egress over and across the Common Area; provided, however, that the Board shall
use reasonable criteria in deciding which easements are to be relocated and to what
location; provided, further, however, that the addition of real property to the Common
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Area by the Association or the Owners shall require the consent of Declarant so long
as Declarant owns any Lot.
(x) Limitation on Liability of Officers and Directors; Indemnification
(1) No Director, officer, committee member, employee or other agent of
the Association (including, without limitation, Declarant or any agent of Declarant
when acting in such capacity) (each, an "Association Agent"), shall be liable to any
Owner or Occupant or any other Person (including, without limitation, the
Association), for any damage, loss or prejudice suffered or claimed on account of any
act, omission, error or negligence of any such Association Agent if such Association
Agent has acted in good faith and in a manner such Association Agent reasonably
believed to be in the best interests of the Association.
(2) Each Owner, by accepting such Owner's deed, each Occupant, by
accepting the right to occupy a Lot, and the Association, by accepting conveyance of
the Common Area, agrees personally and for all its Permittees to indemnify each
Association Agent for, and to defend such Association Agent against, any liability for
any damage, loss or prejudice suffered or claimed on account of any act, omission,
error or negligence of such Association Agent if such Association Agent has acted in
good faith and in a manner such Association Agent believed to be in the best interests
of the Association.
(3) In the event that any such Association Agent is also a director, officer
or employee of Declarant or an Affiliate of Declarant, then, in addition to the
foregoing Section 7(x)(2), Declarant hereby agrees to indemnify such Association
Agent and to defend such Association Agent against any liability for any damage,
loss or prejudice suffered or claimed on account of any act, omission, error or
negligence by such Association Agent in performing his duties on behalf of the
Association.
(4) In addition to the foregoing Section 7(x)(3), Declarant hereby agrees
to indemnify any director, officer or employee of Declarant against any liability for
any damage, loss or prejudice suffered or claimed on account of any act, omission,
error or negligence by such director, officer or employee in representing Declarant in
Declarant's dealings with the Association, the Owners or the Property.
(5) The indemnities of Declarant set forth in Sections 7(x)(3) and 7(x)(4)
hereof shall continue only for so long as Declarant or any Affiliate of Declarant owns
any Lot.
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(y) Declarant's Right to Approve
Notwithstanding any contrary provision of this Declaration, or the Bylaws of the
Association, prior to the Transition Date, the Board may not take any action which would
substantially impair the rights of Declarant under this Declaration or which would
substantially impair the value of any real property then owned by Declarant, without the prior
written consent of Declarant to such proposed actioll
(z) Declarant's Right to Defer Formation of the Association
Declarant may elect and does hereby elect to defer formation of the Association until
the Transition Date. Prior to the Transition Date, (1) the Declarant shall be responsible to
perform the duties of the Association and shall have all of the rights and powers of the
Association, except that the provisions of Section 7(a), 7(b), 7(c), 7(d), 7(e), 7(p), and 7(q)
shall not apply to the Declarant, (2) all references in this Declaration to the Association or to
the Board shall be references to the Declarant, and (3) references to "Owners in the
Association" shall be references to the Owners.
8. COMMON AREA
(a) Easement of Enjoyment
Every Owner and Occupant of a Lot shall have a right and easement of enjoyment in
and to the Common Area, which right and easement shall be appurtenant to and shall pass
with the title to each such Lot; provided, however, that such right and easement shall be
subject to the following:
(1) The right of the Association to suspend the voting rights of an Owner,
in accordance with the procedures set forth in Section 7(h)(1) hereof, for (i) any
period during which any Assessment against such Owner's Lot remains unpaid and
(ii) for a period not to exceed thirty (30) days for any infraction of the Rules by such
Owner or any Occupant of such Owner's Lot after reasonable written notice and an
opportunity for a hearing before the Board which satisfies the minimum requirements
of applicable State law, as set forth in the Bylaws;
(2) The right of the Association to transfer all or substantially all of its
assets, including all or any part of the Common Area; provided, however, that so long
as there is any Lot, parcel, area or portion thereof for which the Association is
obligated to provide management, maintenance, preservation or control, no such
transfer shall be effective unless an instrument signed by Owners owning seventy-
five percent (75%) of the Total Entitlement (as defined in Section 5(b) hereof) shall
have been recorded stating that such Owners agree to such transfer and Declarant has
consented to the same in advance and in writing;
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(3) Notwithstanding Section 8(a)(2) above, the right of the Association, in
accordance with the Sections and the Bylaws, to borrow money for the purpose of
improving, repairing and maintaining the Common Area or otherwise and, in
connection therewith, the right of the Association to hypothecate any or all real or
personal property owned by the Association including the Common Area;
(4) Notwithstanding Section 8(a)(2) above, the right of the Association, at
any time, without the approval of the Owners, to dedicate all or any portion of the
Common Area legally described in EXHIBIT C attached hereto and incorporated
herein by this reference to the City or otherwise for public use; and
(5) The right of the Association to adopt, amend, supplement and enforce
the Rules.
(b) Use
Unless otherwise stated herein, the Common Area shall be used by the Owners and
Occupants in accordance with the Rules.
(c) Maintenance
(1) The Association shall maintain, repair, replace, alter and improve (as
appropriate) the Common Area or provide for the maintenance, repair, replacement,
alteration or improvement thereof (including, without limitation, any monument or
sign located on the Project Monument Areas) and shall keep such areas in good order
and repair.
(2) Any costs of temporary relocation suffered by the Owner or Occupant
of any Lot as a result of the repair, maintenance or improvement of the Common Area
by the Association shall be borne entirely by such Owner or Occupant.
(3) The Association shall be responsible for providing, at its sole expense,
(i) water to irrigate the landscaping in the entire Common Area, (ii) timers,
controllers and/or other systems for automatic irrigation of the landscaping in the
entire Common Area, (iii) electricity to power any such automatic irrigation systems
and (iv) electricity to power any lighted signs or monuments on the Common Area.
All such expenses shall be deemed Common Expenses.
(d) Creation of Maintenance Standards for Common Areas
The Board shall have the right to establish specific standards of maintenance
for the Common Area, whereupon the Association shall be obligated to adhere to
such standards of maintenance.
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(e) Declarant's Right to Improve the Common Area
Notwithstanding anything to the contrary set forth in this Declaration, Declarant shall
have the right, from time to time, to construct within any Common Area, at Declarant's sole
cost and expense, driveways, paved areas, pathways, sidewalks, fences, screening walls,
retaining walls, plantings, planted trees and shrubs, irrigation and drainage pipes and fixtures,
catch basins or other devices for the collection and/or detention of storm water runoff,
lighting fixtures, signs and any other structures, improvements, equipment, fixtures or
objects; provided, however, that following the initial construction thereof, the costs of
maintaining, managing, operating, repairing, replacing and altering any such improvements
shall constitute Common Expenses.
(f) Damage to the Common Area
The Owner and the Occupant of each Lot shall be jointly and severally liable to the
Association for all damage to the Common Area or to any other real or personal property
owned by the Association that may be sustained by reason of the negligence of such Owner
or Occupant, its Permittees, guests, licensees and invitees, which shall include, without
limitation, damage to curbs, sidewalks, drainage ponds or any part of a drainage system,
paved surfaces, monuments, signs, trees and landscaping. No Owner or Occupant shall do or
permit any of its Permittees, guests, licensees or invitees to do anything on the Common
Area that might increase the rate, or cause the cancellation, of any policies of insurance
obtained by or on behalf of the Association. Nothing in this Section 8(0 is intended to limit
the liability of any person for injury to or death of any person or loss of or damage to any
property (including the Common Area) resulting from the action, inaction, negligence, or
willful misconduct of such person (including any Permittees, guests, licensee, and invitees of
any Owner or Occupant).
(g) Governmental Compliance
The use, ownership, maintenance, operation, improvement and repair of the Common
Area shall at all times strictly comply with (a) all applicable laws, statutes, ordinances, rules
and regulations of any local, County, State or federal governmental body, including, without
limitation, all applicable handicapped and disabled persons accessibility requirements such as
the Americans with Disabilities Act of 1990, as amended and (b) the Entitlements; and the
Association, by accepting conveyance of the Common Area, agrees to assume and perform
all obligations of Declarant thereunder with respect to the Common Area. Without limiting
the generality of the foregoing, any portion of the Common Area designated as open space
under any Entitlement shall not be improved or its use changed without approval of each
governmental agency with jurisdiction over such open space.
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9. ENFORCEMENT
(a) Abatement and Suit
(1) Subject to the restrictions set forth in this Declaration and those
imposed by law, the violation or breach of any covenant, condition, restriction or
provision contained in the Governing Documents shall give the Association and its
agents, employees, representatives and contractors the right to enter upon such
portion of the Property upon or as to which said violation or breach exists and to
summarily abate and remove, at the expense of the Owner or Occupant thereof, any
structure, thing or condition that may be or exist thereon contrary to the intent and
meaning of the Governing Documents, if such violation or breach remains uncured
for a period of thirty (30) days after notice to the Owner or Occupant of the Lot on
which such violation or breach has occurred, provided, however, that if the violation
or breach cannot be cured in such thirty (30) day period but the Owner or Occupant
commences a cure within such period and thereafter diligently and continuously
pursues such cure to completion, then the Owner or Occupant shall have such longer
period as is necessary to complete such cure. If the Association fails timely to
exercise its rights under this Section 9(a)(1) so as to abate and remove any structure,
thing or condition that may be or exist thereon contrary to the intent and meaning of
the Governing Documents, Declarant, prior to the Transition Date, shall have the
rights granted the Association under this Section 9(a)(1) and, if Declarant elects to
exercise such rights, shall be reimbursed by the Owner or Occupant of the Lot on
which such violation or breach occurred for all costs and expenses incurred by
Declarant, together with interest thereon at the rate of eighteen percent (18%) per
annum from the date incurred to the date paid.
(2) Declarant, the Association (acting on behalf of itself or as
representative of the Owners) and any aggrieved Owner shall have the right to
prosecute a proceeding at law or in equity against any Owner or Occupant or any
other Person or Persons who have violated or breached or are attempting to violate or
breach any of the provisions, covenants, conditions and restrictions set forth in the
Governing Documents, to enjoin or prevent them from doing so, to cause said
violation or breach to be remedied or to recover damages for said violation; provided,
however, that nothing herein contained shall be deemed to impose upon Declarant,
the Association or any aggrieved Owner any liability for the failure to correct or
prosecute a violation or breach of the Governing Documents.
(3) Each Person comprising an Owner shall be jointly and severally liable
with each other Person comprising such Owner for the violation or breach of any
covenant, condition, restriction or provision contained in the Governing Documents
(i) existing upon the Lot or Lots owned by such Owner or (ii) caused or committed by
such Owner or any Occupant or Permittee of such Owner.
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(b) Inspection
Declarant and its representatives and any Directors, officers, employees and agents of
the Association may, from time to time at any reasonable hour, and with a minimum of 24
hours prior written notice to the Owner and any Occupant of such Lot, enter and inspect any
Lot to ascertain whether such Lot, the Improvements thereon and the uses thereof are in
compliance with the Governing Documents, and no such entering Person (nor the
Association itself) shall thereby be deemed guilty of, or become liable for, any manner of
trespass or unlawful entrance in connection with such entry and inspection.
(c) Failure to Enforce Not a Waiver of Rights
With the exception of the time limit for action by Declarant contained in Section 4(c)
hereof, the failure of Declarant, the Association or any aggrieved Owner to enforce any
covenant, condition, restriction or provision herein contained shall in no event be deemed to
be a waiver of the right to thereafter do so nor of the right to enforce any other covenant,
condition, restriction or provision set forth in this Declaration.
(d) Enforcing Violations
The violation of any Entitlement or applicable governmental law, statute, ordinance,
rule or regulation shall constitute a violation of this Declaration and shall be enforceable in
accordance with the provisions of this Section 9.
10. TERMINATION AND AMENDMENT
(a) Term
The covenants, conditions and restrictions contained in this Declaration shall run with
and bind the Property and, subject to such limitations as may from time to time be expressly
set forth herein, shall inure to the benefit of and be enforceable by each Owner and its heirs,
successors and assigns in perpetuity.
(b) Amendments
(1) Except as otherwise provided in this Declaration, neither this
Declaration nor any provision hereof or any covenant, condition or restriction herein
contained, may be terminated, extended, modified or amended, as to the whole of the
Property or any portion thereof, except upon the approval of Owners owning seventy-
five percent (75%) of the Total Entitlement (as defined in Section 5(b) hereof);
provided, however, that prior to the Transition Date, no such termination, extension,
modification or amendment shall be effective without the prior written approval of
Declarant thereto. No such termination, extension, modification or amendment shall
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be effective until such termination, extension, modification or amendment has been
certified in a document executed and acknowledged by an officer of the Association
designated by the Board and has been recorded in the Office of Records and
Elections, King County, Washington. Within a reasonable time after such document
has been recorded, the Association shall mail a copy thereof to each Owner, together
with a statement that such document has been recorded.
(2) Notwithstanding the foregoing, and in addition to any other rights it
may have to amend this Declaration as provided elsewhere herein, (i) at any time
prior to the Transition Date, Declarant may make and record additions, deletions or
amendments to this Declaration for the purpose of correcting ambiguities or technical
errors or for the purpose of clarification only, and (ii) at any time prior to the
Transition Date, Declarant may, without the vote or consent of the Owners (or any
other person or entity), at any time and from time to time in its sole discretion, make
and record such additions, deletions, amendments, modifications or supplements to
this Declaration as are not unfair or unreasonable, and which would not
disproportionately burden any Lot(s) not then owned by Declarant over Lot(s) then
owned by Declarant, and which would not increase the Assessments of any Lots) not
then owned by Declarant by more than five percent (5%) per annum.
(3) Any document recorded in accordance with this Section 10(b) shall be
conclusive in favor of all Persons who rely upon it in good faith.
(c) Termination of Declarant's Interest
Declarant's right to enforce the provisions of this Declaration shall continue until the
Transition Date; provided, however, that Declarant shall be entitled, at any earlier time, by an
instrument in writing executed and acknowledged and recorded in the County, to terminate in
whole or in part its right to enforce the provisions of this Declaration.
11. RIGHTS OF LENDERS
(a) Priority of Lien of Mortgage
This Declaration shall be and remain senior in priority to all Mortgages hereafter
executed upon the Property, any Lot or any portion thereof; provided, however, that no
breach of the covenants, conditions or restrictions herein contained or foreclosure of any lien
herein created for Assessments shall affect, impair, defeat or render invalid the lien, charge
or priority of any Mortgage made in good faith and for value encumbering any Lot. Any
Mortgagee or other Owner whose title to a Lot is derived through foreclosure (judicial or
nonjudicial), trustee's sale or deed in lieu of foreclosure, shall take title to such Lot subject
to, and shall be bound by, all the covenants, conditions and restrictions set forth in this
Declaration; provided, however, that such Lot shall be free of the lien for both non
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delinquent and delinquent Assessments (including costs of collection, late charges and
interest connected therewith) that have accrued up to the time of the foreclosure sale (judicial
or nonjudicial), trustee's sale or conveyance in lieu of foreclosure (unless such Mortgagee or
other Owner shall have expressly assumed the obligations secured by said lien), and such
Mortgagee or other Owner shall only be obligated to pay Assessments that become due or
payable on or after such Mortgagee or other Owner acquired title to such Lot (provided that
nothing herein shall release or diminish the defaulting Owner's continuing personal
obligation to pay such accrued and unpaid Assessments).
(b) Curing of Defaults
Any Mortgagee who acquires title by judicial foreclosure, deed in lieu of foreclosure
(judicial or nonjudicial) or trustee's sale shall not be obligated to cure any breach or violation
of the provisions of this Declaration which is incurable or of a type which is not practical or
feasible to cure. In the event that any Assessment on any Lot becomes delinquent or another
default under this Declaration occurs, the Association shall provide the Mortgagee with
notice of such default; provided, however that the Owner of such Lot must have furnished the
Association with the current address of the Mortgagee. The Mortgagee shall thereafter have
the right to cure such default within a reasonable time or to commence foreclosure
proceedings. If any Mortgagee commences foreclosure proceedings or gives notice to the
Association that it is commencing negotiations for a deed in lieu of foreclosure, the
Association shall stay any foreclosure proceedings instituted by it until the conclusion of
Mortgagee's proceedings or negotiations.
(c) Availability of Documents
The Association shall make available to Owners and Mortgagees current copies of the
Governing Documents, as well as the books, records and financial statements of the
Association. "Available" means available for inspection, upon request, during normal
business hours or under other reasonable circumstances. Upon written request, any
Mortgagee shall be entitled to receive an audited statement for the immediately preceding
Fiscal Year, which audited statement shall be prepared at the expense of such Mortgagee if
not otherwise available. Any such financial statement so requested shall be furnished within
a reasonable time following such request.
(d) Conflicts
In the event of any conflict between any of the provisions of this Section 11 and any
of the other provisions of this Declaration, the provisions of this Section 11 shall control.
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12. MISCELLANEOUS PROVISIONS
(a) Constructive Notice and Acceptance
Every Person who now or hereafter owns or acquires any right, title or interest in or
to any portion of the Property or any Lot is and shall be conclusively deemed to have
consented and agreed to every covenant, condition, restriction and provision contained in this
Declaration, whether or not any reference to this Declaration is contained in the instrument
by which such Person acquired an interest in the Property.
(b) Declarant's Rights Under Other Documents
Nothing herein contained shall prejudice or diminish in any way Declarant's rights
under any other documents which may be subsequently recorded against all or any portions
of the Property.
(c) Land Use Matters
Declarant shall retain the right, in its sole discretion, for the benefit of the Lots of
which Declarant or an Affiliate of Declarant then retains ownership, or for the benefit of all
or any other portion of the Property, to apply for, obtain, prepare, change, amend,
supplement, modify or terminate any governmental land use ordinance, development
entitlement or approval, organization or change of organization, environmental analysis or
mitigation plan or other Entitlement including or affecting the Property or otherwise,
including, without limitation, (a) any municipal incorporation, annexation or deannexation,
district formation or dissolution or any other change of organization contemplated by
applicable State law, (b) any general plan, specific plan, zoning ordinance or conditional use
permit, (c) any preliminary or final plat map, or any other approval (including lot mergers, lot
splits, lot line adjustments and similar approvals) available or required under applicable
law(s) or otherwise, (d) any amendment or supplement to any environmental impact report
related thereto and (e) any wetlands, geological or archaeological environmental mitigation
plan; provided, however, that such land use modification shall not materially affect any
Owner's right to develop its Lot or Lots in accordance with the Entitlements or.Governing
Documents.
(d) Completion of Construction by Declarant
Declarant and its agents, representatives and independent contractors shall be entitled
to complete the construction of on site and off site improvements on or in the vicinity of the
Property, including, without limitation, grading, trenching, preparation of streets and curbs
and installation of utilities and sewers, and neither the Association nor any Owner or
Occupant shall interfere with or impede such completion of construction. In the event that,
prior to completion of such construction, Declarant or Declarant's independent contractor
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reasonably determines that the activities of any Owner or Occupant upon the Common Area
or upon such Owner's or Occupant's Lot may interfere with such construction, then
Declarant or Declarant's independent contractor shall be entitled to impose such reasonable
conditions and limitations upon such activities as Declarant or such independent contractor,
in its reasonable discretion, determines to be necessary or appropriate to avoid such
interference; provided, however, that Declarant shall incur no liability arising out of either
the imposition of, nor the failure to impose, such conditions.
(e) Notices
Except as otherwise expressly provided in this Declaration or required by law, all
notices, consents, requests, demands, approvals, authorizations and other communications
provided for herein shall be in writing and shall be deemed to have been duly given if and
when personally served or seventy two (72) hours after being sent by United States first class
mail, postage prepaid or upon receipt after being sent by a nationally recognized overnight
courier service with all charges for next business day delivery prepaid, to the intended party
at its last known address. For purposes of this Section 12(e), "last known address" with
respect to any Owner shall mean such Owner's address appearing on the books of the
Association or supplied by such Owner to the Association. If no address is supplied, then
such Owner's address shall be deemed to be the address of any Lot owned by such Owner.
With respect to (i) any such notice, consent, request, demand, approval, authorization or
communication and (ii) any document or instrument (whether a Governing Document or
otherwise) given or made available to any Owner hereunder or under any of the other
Governing Documents and which might concern an Occupant of such Owner's Lot, it shall
be the sole responsibility of such Owner (but in no event the responsibility of the
Association) to make a copy thereof available in a timely manner to such Occupant.
(f) Liberal Construction
The provisions of this Declaration shall be liberally construed to effectuate its
purpose. The failure to enforce any provision of this Declaration shall not constitute a waiver
of the right to thereafter enforce such provision or the right to enforce any other provision
hereof.
(g) Singular Includes Plural
Whenever the context of this Declaration requires, the singular shall include the
plural, and vice versa, and the masculine shall include the feminine and the neuter, and vice
versa.
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(h) Headings
Paragraph, Section and Section headings, where used in this Declaration, are inserted
for convenience only and are not intended to be a part hereof or in any way to define, limit or
describe the scope and intent of the particular provisions to which they refer.
(i) Effect of Invalidation
Each covenant, condition and restriction of this Declaration is intended to be, and
shall be construed as, independent and severable from each other covenant, condition and
restriction. If any covenant, condition or restriction of this Declaration is held to be invalid
by any court, the invalidity of such covenant, condition or restriction shall not affect the
validity of the remaining covenants, conditions and restrictions hereof.
(j) No Discriminatory Restrictions
No Owner or Occupant shall execute or cause to be recorded any instrument that
imposes a restriction upon the sale, leasing or occupancy of his Lot on the basis of race, sex,
marital status, national ancestry, color or religion.
(k) Cumulative Remedies
Each remedy provided for in this Declaration and/or in the Governing Documents
shall be cumulative and not exclusive. The failure to exercise any remedy provided for in
this Declaration or any other Governing Document shall not constitute a waiver of such
remedy or of any other remedy provided herein or therein.
(1) Attorneys' Fees and Costs
If any Person commences litigation for the judicial interpretation or enforcement
hereof or of any of the other Governing Documents, or for damages for the breach hereof or
of any of the other Governing Documents, the prevailing party shall be entitled to its
reasonable attorneys' fees and court and other costs incurred.
(m) Conflicting Provisions
In the case of any conflict between the provisions of this Declaration and the Articles
or between the provisions of this Declaration and the Bylaws, this Declaration shall control.
(n) Grants and Vesting of Approvals and Consents
Notwithstanding any other provision of this Declaration, each of the Declarant, the
Owners, the Association, the Board, and any committees created by the Board for such
purpose shall not unreasonably withhold its affirmative vote, consent or approval when such
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affirmative vote, consent or approval is required to be obtained under the terms of this
Declaration. After any such consent or approval has been granted by any such entity, such
consent or approval shall be deemed a vested right of the Person that obtained such consent
or approval, and may not be revoked or modified in any way without the prior written
consent and agreement of such Person.
[The remainder of this page is intentionally left blank.]
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IN WITNESS WHEREOF, Declarant has hereunto affixed the following signatures
as of the date first above written.
Declarant:
LONGACRES PARK,TjVC., a Washington
corporation / /7) 1
Title:
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STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this I 1 `" day of c_ . , 204_[, before me personally appeared
Frederick L. Cartwright, to me known to be the Authorized Signatory of LONGACRES
PARK, INC., the corporation that executed the foregoing instrument and acknowledged said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that she/he was authorized to execute said
instrument on behalf of said corporation.
DATED:71hae. 11 _ ate_
Notary Public
State of Washington
ARLENE C RICE
My Appointment Expires Aug 15, 2016
(Signature of Notary) /
Ill P,vt P_ C, _ t G
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at 2_ g li '—.
My appointment expires: ' .
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EXHIBIT A
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Plat Man
King County
acres road f
5900
9022
d 10jo \\
n i
004D I/ 0110 0220 0230
y 61115
0300 _r
J f
9020
DOSS 1"yy�yp b f 0120 0130 0210 0240
1V o ; . `\ 0200 \�
r
0100 0260
II g OOaO '+ 0140
J o
00.i7-
0018
8067 5 a 01 SO 0190
O1C0 g
16 —
ti. 0160 0160 9058 9064
9001
9DDs o ar1D b10 SMI 27t
0330 0� `
0400 9004
9(
9021 8 ao—.. V LcryAssruo�s Ogee JG Cunii' 015 Ceru
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EXHIBIT B
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Legal Description of Declarant Parcel
Lots 1-12, 14-20, 24-26 and Tracts A, B, and C of Boeing Longacres Property, Second
Amended Binding Site Plan No. LUA-02-022-BSP, Recorded May 4, 2005 in Volume 228 of
Plats at Pages 22 through 28 under Recording No. 20050504000673 in King County,
Washington
EXCEPTING THEREFROM:
Those portions conveyed to the City of Renton by Quitclaim Deeds recorded September 13,
2013 as recording no. 20130913000004 and November 25, 2013 as recording no.
201311250005446
AND
That portion conveyed to BNSF Railway Company, a Delaware corporation and BN Leasing
Corporation, a Delaware corporation, by Bargain and Sale Deed recorded December 6, 2013
as recording no. 20131206001379.
Renton WA Longacres CC Rs North of Strander (Closing) 20151211 - Jeff plat insert.doex
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EXHIBIT C
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
EXHIBIT C-1
Legal Description Of Common Area for Roads
Reserved
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EXHIBIT C-2
Legal Description of Common Area for Drainage System
Tracts A and B of Boeing Longacres Property, Second Amended Binding Site Plan No.
LUA-02-022-BSP, Recorded May 4, 2005 in Volume 228 of Plats at Pages 22 through 28
under Recording No. 20050504000673 in King County, Washington
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EXHIBIT D
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Intentionally Omitted
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EXHIBIT E
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Legal Description of Declarant's Retained Propertv
Lots 13, 21, 22, and 23 of Boeing Longacres Property, Second Amended Binding Site Plan
No. LUA-02-022-BSP, Recorded May 4, 2005 in Volume 228 of Plats at Pages 22 through
28 under Recording No. 20050504000673 in King County, Washington
AND
Those parcels of land in the City of Renton, King County, Washington bearing on the date of
this Declaration the following assessor's parcel numbers, respectively:
242304-9022; 242304-9071; 242304-9055; 242304-9050; 242304-9048; 242304-9052
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EXHIBIT F
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Certain Entitlements
A. Permits and Approvals
I . Longacres Office Park ("LOP") Environmental Impact Statement ("EIS")
Mitigation Document (City of Renton, 1995), including Transportation Mitigation
Conditions Agreement between The Boeing Company ("Boeing") and the City of Renton.
2. Grade and Fill Permit and MDNS, Surface Water Management Project
("SWMP") (City of Renton, 1998).
3. Section 404 Wetland Fill Permit Extension (Corps of Engineers, 1999)—
permit to fill all wetlands with required mitigation under the SWMP, including restriction for
the South Marsh wetland and reservation of a wildlife corridor as mapped.
4. Section 401 Water Quality Certification (Ecology, 1999)—certification and
conditions for the § 404 permit.
5. Development Agreement and EIS Addendum (City of Renton, 2000)—
approval and vesting of Longacres Office Park master plan, together with Addendum to
Boeing Longacres Office Park Final EIS dated May 14, 2002.
B. Agreements
1. Strander Agreement (The Boeing Company. and City of Renton, 2002)—
reservation and no building restriction on 90 foot strip across LOP, pre -paid trips.
2. Longacres Park Transportation Mitigation Conditions Agreement (Boeing and
City of Tukwila, 1995) [as updated by letter agreement]
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