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WN ��^ �01'^i eta �a �' ds � �s � as" as b b s_ A q fE w RgR:a_vig8�2 Mi ap€s ' �" Y z {�[ C R S n °2•$ L' a�a'_• F� 5m q8€z ¢� rp Rf a � b 3 FFF iia'dy G3gF� 95 a = , a E' a� ^� F oto r F i d 8ga€fi € 3 s = ;!'G� ra' 3i j q 8 "0 °: Z Fa3 a$z 3f 9 E�acF $c3 Sif°o,- rn Rr lip Ail 3jj'fNfl MM IMSM WHIM n ppSgadc?+ "gv �s�,^ S p7�S^ ��F�IR�' LC3� � � �a °'��-� v � aqi�^RS QpM omi . �b„Ap •��#"3 ��s [HI� -§"1-^ J1€ S-R gg§R RM- ��NqI ;Q e a 4 Wag Mill 51 oaR '7 R a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Greenleaf Final Plat FINAL PLAT APPROVAL LUA 15-000453FP ) } ) Summary The applicant has applied for final plat approval of the Greenleaf Final Plat. The final plat is approved subject to conditions. Testimony No hearing is held on final plat applications. Exhibits The following documents were considered in evaluating the application for final plat: 1. July 28, 2015 staff report. 2. July 28, 2015 memo to Phil Olbrechts from Kamran Yazdidoost. 3. Final Plat and Vicinity Map FINAL PLAT - 1 Findings of Fact 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 OW 26 Procedural: 1. Applicant. Conner Homes LLC. 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The applicant is requesting final plat approval for a 34 lot subdivision. The subdivision received preliminary plat approval on July 25, 2014 by the City of Renton. The subdivision is located at 18647, 18655, 18819 and 18825, 1081' Ave SE.. 4. Consistency with Preliminary Plat Conditions. The applicant has complied with all preliminary plat conditions of approval as detailed in the staff report, Ex. 1, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: 1. Authority of Hearing Examiner. RMC 4-7-110(C) provides that the hearing examiner shall approve all final plats. Substantive: 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other than to require that "the final plat shall conform with only minor modification to the preliminary plat." RMC 4-7-110(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. DECISION The final plat application is approved, subject to the following condition: 1. All applicable fees shall be paid prior to recording of the final plat, except those fees expressly deferred to a later date by the preliminary plat conditions of approval or City ordinance. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the final plat. FINAL PLAT - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Dated this 18th day of August, 2015. s City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-110(F)(1) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7`h floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT - 3 Denis Law City of t r Mayor Y D, October 6, 2015 Aron Golden Conner Homes Group, LLC 846 108th Ave NE, Ste 200 Bellevue, WA 98004 Community & Economic Development Department C.E."Chip"Vincent, Administrator SUBJECT: Surety Device Amount Greenleaf Plat City of Renton file Nos. LUA14-000190, LUA15-000453 Dear Mr. Golden: Based on the two contracts (attached), I received for maintenance and monitoring for the Greenleaf mitigation project, the total amount of your surety device is $24,427.69. The specific breakdown is as follows: Maintenance / Monitoring $10,595.00 Planting / Replacement / Restoration 8,947.15 TOTAL $19,542.15 @125% $24,427.69 This amount is deemed sufficient to guarantee that structures, improvements, and mitigation required by permit condition will perform satisfactorily for a minimum of five (5) years after they have been completed. Please come to the 6th Floor of Renton City Hall to pay the surety device, and as a reminder, the City of Renton does not accept bonds. Thank you for your diligent work in providing a wetland mitigation plan for the project. Once I have received a receipt for the surety device, I will issue a letter signaling the start your five- year monitoring program. If you have any questions please feel free to contact me at (425) 430-7289 or cclose@rentonwa.gov. Sincerely, Clark H. Close Senior Planner Enclosure cc: City of Renton Fife Nos. LUA14-000190, LUA15-000453 Renton City Hall . 1055 South Grady Way • Renton, Washington 98057 . rentonwa.gov a .7 i M s z CL z Zz Q M N LLJ F-- Q �J3 O N z QH J l.J w N Lj- LLQ O Z 0 Q ^Ys �zLL, T w m u �04Zi &�i9, aw e0 w 0 mei =4540 - jv � -� �•- :fig w ¢�j z � s -71 o � 99 z � w 3{ ais p A 58- W. Vii#� ^Ys �zLL, T w m u �04Zi &�i9, aw e0 w 0 mei =4540 - jv � -� �•- :fig w ¢�j z � s -71 o � 99 z � w 3{ ais p A 58- r A d f,ids Jw y I s � S { j � - ul 3= m A d -_ - P1 w4"- 0 .� -- -� m0. 917-- -� a z 0 F rc f,ids Jw y I j � 3 m x Y 3 -_ - P1 w4"- 0 .� -- -� m0. 917-- -� a z 0 F rc f,ids Jw y I m x Y 3 nil w � a 25 I U7 Hl i Pqq gj gl;l$l Hl Wa aMm a: ° s illM 0.; 11in q. .. NNW Ir �e$� F$&a F S9iWac$a Xx$a g t� _ v �� ^■� ��$$� � i� .�YI �� g� i �$ ��$ 1111111 ��y R� ul : .. g'3 ' $r �' g. ,� � 1 N gg a.. 3ysi �« F Z � g �_� � � � 3 14 1 2 iii "kx 3 .j 4 �§ �wil.1 IMM R 9ug RIM a� 6�$ " LL $ $quer a= s a ag� as ° gg b x uj dffi73 MIN OP Yg" 8 Ygm ;S kl d� MIN � S �y�i$&qb wi ailt jig pilily HN; � i � `� # I scr ila 1 ia w " 1 � I IM G ��a ria �AIn t an F gg g 9 R5 11IN Mill 55 aga� 4i�- "g_ $ 94 hq # f Oolineailon / Millqation ! Rostaration 1 Habitat Creation I Porrnil Assistance 955066 191h Avenue S.E. J Suite 146 Everelt, Washington 88248 (425) 3373174 Fax (425) 337-3045 July 9, 2015 Greenleaf Larosa, LLC Attn. Jim Merger 846 108`h Avenue NE, Suite 200 Bellevue, WA 98004 Re: Revised proposal for Critical Area Services - Greenleaf (wRI #t4132) Wetland Resources, Inc. agrees to the following scope of work for the 6.27 -,acre (7-parce1) site located at and adjacent to 18647, 18655, 18661 and 18665 108`h Avenue SE in the city of Renton, WA. The site is located as a portion of Section 32, Township 23N, Range 5E, W.M. Scope of Work I > f Task 1 $ 2,000.00 Initials a. Conduct a site visit to verify pid-jplanting conditions of invasive species removal 1). Conduct an As -built site visit and prepare As -built Report f. Tashi 2 $ 14,595.00 Initials '-- a. Conduct semi-annual monitories visits in the spring and fall and prepare annual monitoring reports for five years 1, 2, 3, 5, 7 and 10 b. Provide maintenance recommendations for monitored years Fees Wetland Resources, Inc. charges $140.00 per hour for a Principal 'Ecologist, `fi120.00 per hour for a Senior Ecologist, and. $1.14.00 per hour foran Associate Ecologist. We estimate the total cost related to the aforementioned scope of services to be $12,595.00, Please initial next to authorized tasks above. Vire will riot exceed this estimate without prior approval. If additional services are deemed necessary, another proposal will be drafted. Payment Terms Invoices are mailed monthly with net payment due within 30 nays of receipt. We will supply you with a draft copy of the report For your review and comments along with a final invoice. Reports will not be finalized or signed until full payment of any balance due has been collected, hiterest will be. charged on accounts thirty days past due at the rale of 1.5% per month for the unpaid balance. In the event this account is ,sent to collections, the client will pay reasonable attorney fees and cost of collection, whether or not a lawsuit is commenced. The work considered for this proposal will conforrii to the prevailing standard of care employed by wetland ecologists in western Washington. No other representation or warranty is made cormcerning rhe work or the report considered by this proposal and any implied representation or warranty is disclaimed. If you are in agreement with this proposal, please sign, date, and return a copy. This cast estimate will be honored if executed by July 23, 20.15. We will schedule this project upon receipt of the signed proposal. We loop forward to working with YOU on this project. � p blletland Re.solumes, Inc. Scott Brainard, Principal Ecologist Agreed to: gnature of �'ithored Agent for Green] eaf-Larosa, LLC Agent's Printed Name and Title SB Jill Page 2 of 2 Greenleaf-Larosa, LLC SUBCONTRACTOR'S SUBCONTRACT Contract # 4022-02BOOlZ This subcontractor's Subcontract ("Subcontract") is made and entered into this 1st day o€1uiv, 2015 between the fallowing Contractor and SUBCONTRACTOR I CONTRACTOR SUBCONTRACTOR Greenleaf-Larosa, LLC ("CONTRACTOR") Ground Effects Landscaping, Inc, ("SUBCONTRACTOR'j Address: Address: 1846108th Ave NE Suite 200 Bellevue, WA 98004 PO Box 207 Auburn WA 98071 1. The Project: The project is located at 18655 108" Ave 5E, Renton WA 98055. Project name is Greenleaf (the "Project"). 2. The Scope of Work: SUBCONTRACTOR shall timely supply ail supervision, management, labor, tools, supplies, equipment, and materials necessary to promptly complete the following Work at the Project; Complete landscaping and Irrigation for sidewalk strips/street trees, Tract A (Entry/monument), Tract E (Park), Tract C (Retention Pond), Wetland Clearing and Wetland/Buffer Restoration. See Exhibit A for Details. 3. Amount. For the faithful, timely, and complete performance of this Subcontract, SUBCONTRACTOR agrees to accept and CONTRACTOR agrees to pay a total of $82,309.88, ;See attached schedule of values) a. Phase code. 30-0280000. b. Job #4022-999, 4. Commencement and Timely Performance of Work. The Work to be performed shall commence August 2014 and shall be substantially completed by October 2014. 5. Contractor Registration. SUBCONTRACTOR is fully licensed, registered, and in good standing with all governmental agencies. SUBCONTRACTOR covenants and agrees that at all times during the term of this Subcontract SUBCONTRACTOR will be fully licensed, registered, and remain in good standing with all governmental agencies. 6. Compliance. SUBCONTRACTOR is an "employer" as defined by the Unemployment Compensation Act of the State of Washington, and all similar acts of the federal government and including ail social security acts. SUBCONTRACTOR will withhold from his payrolls the necessary social security and unemployment reserves and pay the same as required by law. CONTRACTOR shall in no way be liable as an employer to, or on account of, any of the employees of SUBCONTRACTOR, or any other persons engaged by SUBCONTRACTOR to perforin any work on behalf of CONTRACTOR. 7, Insurance. Prior to starting work SUBCONTRACTOR shall provide a Certiflcate of Insurance to CONTRACTOR showing that CONTRACTOR and The Conner Homes Group, LLC were Additional Insured on each of SUBCONTRACTOR's insurance policies for General Liability and Excess Liability, verified by both a Certificate of Insurance and receipt of the Additional Insured form and endorsement. Limits on the SUBCONTRACTOR's General Liability far Premises/Operations and Products/Completed Operations shall be equal to or greater than the CONTRACTOR's limits of $1.,000,000.00 Per Occurrence. All policies shall be with companies acceptable to CONTRACTOR and shall have a Best rating of "A" or better. SUBCONTRACTOR shall provide CONTRACTOR with certificates of insurance and endorsements, in form and substance satisfactory to CONTRACTOR. The Additional Insured Endorsement shall name CONTRACTOR on a Primary and Non - Contributory basis using Modified (CG 201011/85) or equivalent, Said `nsurance shall remain in place at least six years after completion of CONTRACTOR approved work. The certificate(s) and endorsements(s) shall provide that the coverage under sucn policies will not be reduced, modified, cancelled, or terminated without thirty days advance written notice to CONTRACTOR. Not;ces of intent to modify, cancel or terminate shall be absolute, and the required endorsement shall not Greenleaf-Larosa, LLC 71112015 Page I of 9 INITIALS(L/-w�. contain exculpatory language in favor of SUBCONTRACTOR or its insurer in the event the required notice is not given to CONTRACTOR. SUBCONTRACTOR shall not modify or terminate ar,y of the Insurance pollcies, either before or six years after completion of the CONTRACTOR approved work, without CONTRACTOR's prior written consent, Performance of Worcs. SUBCONTRACTOR agrees to complete all work pursuant to the plans and specifications, and in a manner consistent with applicable building codes and regulations, and meeting or exceeding the skill and care ordinarily provided by persons of the same profession under the same or similar circumstances. (a) Prior to commencing Work SUBCONTRACTOR must satisfy itself as to all matters and conditlons that may affect the nature or character of the work, including but not limited to the location of the work, the character, kind and quantity of material needed, and the kind and quantity of equipment needed, (b) SUBCONTRACTOR warrants that it fully understands what constitutes an acceptable condition of the surfaces/subgrades/substrates upon which the SUBCONTRACTOR will perform/apply its work and materials, If the SUBCONTRACTOR encounters surfaces unacceptable for the proper Installation of Its worfs, it trust notify the CONTRACTOR In writing prior to proceeding and obtain CONTRACTOR's written approval to address surface/substrate conditions. Proceeding prior to this notification and CONTRACTOWs written approval shall place the costs of any repair or replacement of the SUBCONTRACTOR's work resulting in correction of the underlying condition, or resulting damage, solely upon the SUBCONTRACTOR. Safety Requirements. It is the responsibility of the SUBCONTRACTOR to furnish safety devices and safeguards to its employees as well as any workers under its direct supervision. Furthermore, the SUBCONTRACTOR shall adopt and use safe practices, methods, operations and processes while performing the Work under this Subcontract. The SUBCONTRACTOR shall abide by the CONTRACTOR's Safety Policies. Fallure to abide by the above conditions or to maintain a safe worts environment shall cause the SUBCONTRACTOR to be in breach of this Subcontract and therefore be removed from the Project. SUBCONTRACTOR shall have a site specific safety p#an and provide a copy to CONTRACTOR's on-site representative prior to work and/or as may be requested by CONTRACTOR, The SUBCONTRACTOR is liable for all fines, including fines and costs incurred by the CONTRACTOR due to the Department of tabor & Industry violations directly attributable to the SUBCONTRACTOR. 10. Amount and Timing of Payments to SUBCONTRACTOR. SUBCONTRACTOR agrees to accept the amount set forth in paragraph 3 above, plus pre -approved written change orders and pre -approved written purchase orders, as full compensation for the work performed and material provided pursuant to this Subcontract. At the sole discretion of the CONTRACTOR, charges for repairs or work done by other SUBCONTRACTORS due to poor performance or failure to timely perform by the initial SUBCONTRACTOR, or damage caused by SUBCONTRACTOR, shall be deducted from any moneys due or to become due to SUBCONTRACTOR. (a) No change order or purchase order will be accepted for payment by CONTRACTOR unless agreed to in writing by CONTRACTOR prior to the Work subject to the change order or purchase order being performed by SUBCONTRACTOR. (b) CONTRACTOR shall have no obligation to pay any invoice from SUBCONTRACTOR, inciuding but not limited to invoices for change orders or purchase orders, unless SUBCONTRACTOR submits the invoice for the work to the CONTRACTOR within thirty (30) days following completion of the Work. (c) Payments for CONTRACTOR approved work completed by the 25t�' day of the month with billing documents received by the CONTRACTOR's Accounting Department by 5:00pm the 25tt' day of said month, will be made approximately the 10'h day of the following month provided that all Invoicing requirements are satisfied, The invoices requirements are as follows: 1) Substantiating invoice along with any applicable lien releases for completed CONTRACTOR approved work must be received within thirty (30) days from completion of work, and 2) All applicable sales: tax should be charged on all jobs, unless otherwise specified. (d) All disputes related to any SUBCONTRACTOR invoice must be resolved between SUBCONTRACTOR and CONTRACTOR within 60 days of completion of work. If invoicing disputes are not resolved within sixty days of completion of said Work, the CONTRACTOR reserves the right to pay only that portion of the invoice, which meets the rcquirements set forth in this Subcontractor. Greenleaf-Larosa, LLC 711/2015 Page 2 of 9 INITIALS 1- (e} If a dispute arises between the CONTRACTOR and SUBCONTRACTOR relating to the scope of the SUBCONTRACTOR'S Work, payment for the SUBCONTRACTOR's work, or this Subcontract while the SUBCONTRACTOR Is performing its work pursuant to this Subcontract, the SUBCONTRACTOR shad continue to meet its contractual obligations pursuant to this Subcontract while the dispute is resolved concurrently. 11. Lien Releases. As a prerequisite for any payment, SUBCONTRACTOR shall provide, in a form satisfactory to the CONTRACTOR, partial lien releases, claim waivers and affidavits of payment from SUBCONTRACTOR, its sub -tier SUBCON T RACTORs and suppliers of any tier, for the completed portion of SUBCONTRACTOR's Work. Any monies earned by the SUBCONTRACTOR, until paid to the SUBCONTRACTOR by the CONTRACTOR, shall be considered held by the CONTRACTOR without interest in trust for the benefit of laborers, material men, suppliers, equipment providers and other creditors who have or assert ciaims arising out of or in connectlon with the Work. Monies paid to the SUBCONTRACTOR are acknowledged by the SUBCONTRACTOR to be held by it in trust for the benefit of laborers, materlalmen, suppliers, equipment supp{iers and other creditors who have a right to payment in connection with the Work and the SUBCONTRACTOR shall not use any of the funds paid by the CONTRACTOR until it has paid or otherwise satisfied the claims of such creditors, The CONTRACTOR reserves the right to make payment directly to such creditors of the SUBCONTRACTOR as may assert or have the right to assert such claims and the SUBCONTRACTOR assents to such payment by the CONTRACTOR. The amount of such payment shall be deducted by the CONTRACTOR from any monies earned or due the SUBCONTRACTOR, The SUBCONTRACTOR waives any claim against the CONTRACTOR on account of the CONTRACTOR having made such payment, provided only that the CONTRACTOR, in making such payment, acted in good faith. 12. SUBCONTRACTOR's Warranty. SUBCONTRACTOR warrants all material and all work for a minimum of two (2) years. All corrections to the work and/or materials shall be made upon notification to the SUBCONTRACTOR pursuant to the following schedule: a) All minor warranty work, as solely determined by the Contractor, shall be completed within completed within two (2) business days of notification to SUBCONTRACTOR; and b) All warranty work, other than minor warranty work, as solely determined by the Contractor, shall be completed wlthin five (5) business days of notification to SUBCONTRACTOR. SUBCONTRACTOR warrants that SUBCONTRACTOR and all persons performing by, under or through SUBCONTRACTOR shall be In full compliance with all warranties, promises, and representations contained in this Subcontract, and at all times. 13, indemnification and Express Waiver of Washington's Workers Compensation Immunity. SUBCONTRACTOR agrees to defend, indemnify, and hold CONTRACTOR harmless from any and all claims, demands, losses, damages, and liabilities to or by third parties arising from, resulting from, or connected with services and work performed or to be performed and/or material provided under this Subcontract by SUBCONTRACTOR or SUBCONTRACTOR's agents, employees, and #ower -tier SUBCONTRACTORS and suppliers of any tier, even though such claims may prove to be false, groundless, or fraudulent, to the fullest extent permitted by law and subject only to the limitatlons provided below. SUBCONTRACTOR's duty to indemnify, including the cost and duty to defend, and hold CONTRACTOR harmless shall include, as to all claims, demands, losses, {lability, and warranty claims to which it applies, CONTRACTOR's personnel -related casts, overhead, experts` fees, actual attorneys' fees, court costs, all related expenses, including all fees and costs of any kind incurred to enforce and establish rights under this indemnification provision and any Subcontract. This Subcontract is intended to provide the broadest indemnity rights available and allowed under Washirgtor Law. (a) SUBCONTRACTOR's duty to indemnify CONTRACTOR, including the duty and cost to defend, shall not apply to liability for damages arising out of bodily injury to persons or damages to property caused by, or resulting from, the sole negligence of CONTRACTOR, or CONTRACTOR's agent or employees. (b) SUBCONTRACTOR further agrees to defend, indemnify, and hold CONTRACTOR harmless from all OSHA, WISHA, and Employer Liability Law claims, demands, proceedings, violations, penalties, assessments, or fines that arise out of or relate to SUBCONTRACTOR's failure to comply with any safety related laws, ordinances, rules, regulations, orders, payment of its employees' workers compensation premiums, or its obligations hereunder, The indemnity obligatlon of SUBCONTRACTOR shall include ali costs, expenses, and the actual attorneys' fees Incurred by CONTRACTOR and a0 costs and attorneys' fees incurred to enforce and establish rights under this indemnification provision and that of this Subcontract. (c) SUBCONTRACTOR agrees that its indemnity obligations under this Subcontract survive any limitation imposed by any statute of repose or limitation and SUBCONTRACTOR hereby waives any and all defenses under any statute of repose or Eimitat!on. Further, SUBCONTRACTOR agrees that any statute of limitation on a claim by CONTRACTOR pursuant to this Subcontract shall not begin to run until CONTRACTOR discovers SUBCONTRACTOR has breached either its duty to defend or its duty to indemnify, whichever occurs first. Greenleaf-Larosa, LLC 711/2015 Page 3 of 9 INITIALS f (d) THE PARTIES HAVE SEPARATELY AND MUTUALLY NEGOTIATED THE FOLLOVONG CONTRACTUAL PROVISION TO APPLY UNDER THIS SUBCONTRACT THAT IS ISSUED AND ENTERED INTO BY THE PARTIES, AND IT SMALL BE DEEMED INCORPORATED HEREIN. (e) FOR PURPOSES OF THIS INDEMNIFICATION ONLY, SUBCONTRACTOR SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT MAY BE GRANTED TO SUBCONTRACTOR UNDER THE WASHINGTON STATE iNDUSTRIAL INSURANCE ACT, TITLE 51 RCW, and all other applicable industrial insurance/workman's compensation acts or their equivalent in the applicable jurisdiction. Further, the indemnification obligation under this Subcontract shall not be limited in any way by any limitation of the amount or type of damages, compensation, benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefit acts; PROVIDED SUBCONTRACTOR's waiver of immunity by the provisions of this paragraph extends only to Calms against SUBCONTRACTOR by CONTRACTOR and does not include, or extend to, any claims by SUBCONTRACTOR's employees directly against SUBCONTRACTOR. SUBCONTRACTOR's duty to defend, indemnify, and hold CONTRACTOR harmless, as to all claims, demands, losses, liabilities, and warranty claims shall include CONTRACTOR's personnel related costs, reasonable attorneys' fees, court casts, and related expenses. CONTRACTOR and SUBCONTRACTOR hereby certify that these indemnification provisions were negotiated by the parties and agreed to b the Rarties. 14. Not a Partnership or Joint: Venture. CONTRACTOR retains SUBCONTRACTOR as any independent contractor only. Nothing contained herein shall constitute or be asserted to constitute either party as the partner, joint venturer, or agent of the other, for any purpose whatsoever. 15. Remedies Cumulative. All of the remedies specified in any of the separate provisions of this Subcontract are cumulative, and are in addition to any other remedies either party may have at law or in equity. 16. Disputes. Any dispute between CONTRACTOR and SUBCONTRACTOR not otherwise resolved shall be decided through binding arbitration, A condition precedent to any party's right to commence arbitration is (1) completion of mediation with a third -party neutral or (ii) the dispute remaining unresolved for at least forty-five days following delivery of a written request for mediation. Each party shall bear their own costs of mediation, The arbitration shall be administered by the American Arbitration Association (AAA) under its Construction Industry Arbitration Rules, unless the parties mutually agree otherwise. in the event the dispute Involves claims of $75,000.00 or less, the dispute shall be decided by the arbitrator pursuant to the AAA Fast Track procedures. The arbitrator shall permit reasonable discovery, with the goal being prompt, efficient and economlcai resolution of the dispute, An arbitration award may be filed with a court of competent jurisdiction with the effect of a ffnal judgment. 17. Governing Law, Venue, Fees. This Subcontract shall be governed by the laws of the State of Washington. Any dispute shall be mediated and/or arbitrated in Icing County, Washington, The prevailing party in an arbitration relating in any way to this Subcontract shall be entitled to recover from the other party its reasonable attorney's fees and costs incurred, 18. Termination. Notwlthstanding any other provision herein, CONTRACTOR may, with or without cause and at any time, immediately terminate this Subcontract, in whole or in part, by written notice to the SUBCONTRACTOR. In the event CONTRACTOR terminates this Subcontract, SUBCONTRACTOR shall have no right to payment, other than For work performed within the agreed upon scope of work and pre -approved written change orders, completed through the date of termination, less any damages suffered by CONTRACTOR as determined by CONTRACTOR, and payment shall not be due to SUBCONTRACTOR unless and until SUBCONTRACTOR, provides the lien release required for payment and is otherwise in compliance with this Subcontract. SUBCONTRACTOR shah not be entitled to any other costs, damages or allowances for overhead and profit on work not performed. 19, For value received, the person who signs this Subcontract for SUBCONTRACTOR represents and warrants that It's binding SUBCONTRACTOR to this Subcontract and that he/she possesses the authority to bind SUBCONTRACTOR to these terms. If SUBCONTRACTOR is incorporated, the person signing for it becomes individually liable for SUBCONTRACTOR's obligations under this Subcontract waives presentment, demand, protest, binds himself/herself as principal, not as surety, and agrees to remain bound until released In writing by CONTRACTOR. It is understood by SUBCONTRACTOR and the person signing For It that CONTRACTOR would not enter Into this Subcontract without the signor's assumption of !!ability. The signer for SUBCONTRACTOR does so in his/her capacity as managing agent for the marital community, if any. Greenleaf-Larosa, LLC 7/1/2015 Page 4 of 9 INITIALS I 20, BY SIGNING IN THE SPACE PROViL LD BELOW, THE UNDERSIGNED HEREBY CERTIFY r DAT THE PARAGRAPH "INDEMNIFICATION AND EXPRESS WAIVER OF WASHINGTON'S WORKERS COMPENSATION IMMUNITY" WAS MUTUALLY NEGOTIATED. SU2CONTRACTOR Ground Effects Landscaping Inc...._.__. By ei(L— Date Signed Print Name r� a Contractor's License�f��r�--��✓ AddressK Z07 City, state. Zip ) p LI Phone; Email `f �CirYr-I Accounting Contact E flblldevA Greenleaf-Larosa, LLC, a Washington limited Liability Company 3y (Authorized agent) Date signed Print Name Greenleaf-Larasa, LLC 7/1/2015 Page 5 of 9 INITIALS ! - EXHIBIT A Greenleaf-Larosa, LLC Scope of Work Subcontractor will supply alt labor, tools, and materials necessary to install landscaping and irrigation to the Greenleaf site per the approved Varley Varley Varley Landscape Architects plans with last revision dated 12/30/2014 (approved 2/20/15) and Greenleaf monument plans from Cramer Design Consultants dated 1/28/15. Ground Effects Landscaping is including the first round of monument seasonal color in this contract. Ground Effects Landscaping is including the Wetland clearing work to include removal of existing blackberry bushes, thinning out Alder tree lines and hauling off generated debris per meeting with the Wetland Biologist and proposal dated 8/24/15. •�' `�vGS {JO's' _ t � C•lrub� 9@8 ROdY. 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AlP)oMA001CR k. rotlaeewTta rra as .Y +•J•n^'uf LlAYxgt � fff >."•.. ; i� w 1 18 d1 =LECTRIC 3CLEH0I0 cotfTRM VALVE: luWltlam rrn eanie _N? ae f 1 ii ��fy7 .r":.:�eYn:.,e,,,•M..,... w�.'�'y �:r;:: '.0 i-'rY„.r, I '.1Y'_. $ s I•!�:•,j: `y 1+1". prf4AN{P9Y11 f1T Ae•1Ng9sISAlaMPPYrlAMq•f1 , �� E.;�rucPrnAhttrmnwilEztanh'aaH•m9tsR.,eteR _ Q: .h,f!'T[1FAd59J ndAilLa ai trill WLVQAdseNKLY� •a.t �. � -t-rfi'YII.IiErWVia 6[NI[i illEleV0.1LNrpLLC11f4YA;rfE.:[Ay FrYlr i:- L--�- E_�- �;- Z 'EAP'""a ELP4LWTTLL1111COMiAGLLEn WIl111MM[YQIJyt[jl'be TArl➢R _ _ �- rte�]] S WJOKaUI, M�td 4Yi4K OfgMJNUN1Ns lId/L LiESG,adH9T9,A0.vDLT 2CrtERC�1:SICN iFtYilLLENf.11Al CANHrACiOR F _ fW.IWW v LICK MUM FR E n�R�A4iv"�"u�e3'�'n 'I o lain. am r,�leiuTaswo �j'' VciY AIiO eWMlilU9a ELl FGR TJGrl J'.ACJL CINIPEPIa 1 '. - LOLMgMICNSfk.T'L1fiIHAfMTONItl' VALa[IR71 f---' I - ;f6rIM1iW1�1Tf3lAL0.9dIt4irWC �+.+^'� EftltEUlYli➢11 E.uuNLa+YY•r.xr W,>rCY'". /J VYV 33 - 43 ,�iIYAiMtN YipiCJ6 C7GMINAN 9i TEu' �E h --,;t-`- � iy .. r htlNq➢ NR C6UL MA '4 bN STPCxrtt , IRRIG!>TIUN1`HENCN DLTAiL - { an Green leaf-Laros a, LLC 7/112015 Page 9 of 9 INITIALS'` ZI STATEMENT OF CONTRACT Greenleaf -LaRosa LLC Ground Effects Landscaping Inc Contract ID: 4022-0280012 846108th Ave NE PO Box 207 Contract Date: 7/1/2015 Bellevue, WA 98004 Auburn, WA 98071 Vendor #: 916400 Ph : 425-455-9280 Phone: (253)333-9477 Fax: (253)333-9478 Payment Request #: Original Contract Amount of this Billing WA State Sales Tax Total Amount of this Billing Lien Release $82,309.88 The undersigned has furnished material andlor performed labor and services used in the erection, construction, alteration, and repair of certain Improvements, now In progress upon the currently billed for lands and premises, situated in , Washington, to wit: Upon receipt by the undersigned of $ from Greenleaf -LaRosa LLC, as progress payment for all goods and/or services performed through , at the property described herein, unless the check for that amount Is dishonored by the bank upon which it is drawn, the undersigned hereby waives and releases any and all liens or rights of lien on the above described real estate and on all buildings, Improvements and appurtenances situated thereon or belonging thereto, on account of labor, services and materials or any of them furnished or hereafter to be furnished by the undersigned to or for said buildings or premises to this extent only. This lien waiver does not affect the right of the undersigned to recover payment for any other goods or services supplied before or after this release date not compensated by the progress payment or any rights which the undersigned may have by contract. DATED this day of 20� By, (signature) (print name) Ground Effects Landscaping Inc STATE OF WASHINGTON COUNTY OF KING On this Day of 20T before me the undersigned , a Notary Public in and for the State of Washington, duly Commissioned and sworn personally appeared , to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that the/she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath said that he/she is authorized to execute the said instrument. WITNESS my hand and officlai seal the day and year In this certificate above written, NOTARY PUBLIC in and for the state of Washington, Residing at My Commission Expires: Application for Payment Exhibit E Payment Request #: To: Greenleaf -LaRosa LLC Contract ID: 4022-0280012 From: Ground Effects Landscaping Inc Contract Date: 71/12015 Vendor #: 916400 Address: PO Box 207 Auburn, WA 98071 Phone: (253)333-9477 Fax: (253)333-9478 Job -# Cast Code Description Lot/ Bldg# Flan Type QTY UDI'M Tata1 Completed Amount To Cate Total Total Due Previous This Line Application Application Item 4022-699 0.026000 Sidewalk StrtosiStreet'rrees Site Site 0.00 35,071,15 1 4022-999 0-021300t3 TractA- EntrylMonument Site Site 000 12,151,ei 2 4022-999 0.028004 Tract E • park Site Site 0100 15,558,48 3 4022-669 0-028000 Tract C - Retention Pcnd Site Site 0,00 8,881.51 4 4022-989 0-028000 Welland/Buffer Restoration Site Site 0,00 8,947.15 5 4022-999 0-028000t Watland Clearing Site Site 0.00 3,920.00 a Total Contract: 32,309.98 All Contract amounts do not include tax. All Contract amounts are fixed price, no adjustment for commodities increases. etc. Initials/ in Denis Law Mayor City o September 22, 2015 Community & Economic Development Department C.E."Chip"Vincent, Administrator Jim Berger Conner Homes 12600 SE 38th Street, Suite 250 Bellevue, WA 98006 RE: Access Road Gate Deferral Reguest Greenleaf Final Plat, LUA15-000453 18655 & 18647 1081h Ave SE Renton, WA 98055 Dear Mr. Berger: On your request made of August 26, 2015 to defer the installation of the emergency access road gate until 6 months after the Final Plat recording has been approved. In order to meet the requirements of the deferral, please forward a security device acceptable to the City (cash, check, Letter of Credit or a Set Aside Letter) payable to the City of Renton in the amount of $23,817.00 which represents 150 percent of the estimated cost of the installation for the final improvements. The security device must be in place with the City within 10 days from today's date. According to City code (RMC 4-8-110), you have 15 days from today's date to appeal the administrative determination. Appeals are to be filed in writing, with the City Clerk and require a filing fee in the amount of $250.00. Additional information regarding the appeal process may be obtained from the Renton City Cleric's office by calling (425) 430-6510. If you have any questions or need additional information, please contact Kamran Yazdidoost, at (425) 430-7382. Sincerely, Jennifer Henning Planning Director cc: Brianne Bannwarth, Development Engineering Manager Kamran Yazdidoost, Plan Review Pat Miller, Construction Inspection Supervisor 5tacyTucker, Planning Technician Jenny Cisneros, Office Assistant Renton City Hall . 1055 South Grady Way • Renton, Washington 98057 . rentonwa.gov Denis Law —� f _ Mayor City 0f' - Y U R S August 28, 2015,,. _ N=tom' Community & Economic Development Department C.E."Chip"Vincent, Administrator Jim Berger Conner Homes 846 -108th Ave NE, Suite 200 Bellevue, WA 98004 RE: Driveway, Storm and Rocke Deferral Reguest Greenleaf Final Plat, LUA15-000453 18655 & 18647 ;108th Ave SE Renton, WA 98055 Dear Mr. Berger: On August 12, 2015, your request to defer the installation of driveway and storm drainage system for lots #32, 33, and 34 and to defer the rockery installation on lot #34 inside the plat of Greenleaf until 3 months after the Final Plat has been approved. In order to meet the requirements of the deferral, please forward a security device acceptable to the City (cash, check, Letter of Credit or a Set Aside Letter) payable to the City of Renton in the amount of $135,786.00 which represents 150 percent of the estimated cost of the installation of the final improvements. The security device must be in place with the City within 10 days from today's date. According to City code, you have 15 days from today's date to appeal the administrative determination. Appeals are to be filed in writing, with the City Clerk and require a filing fee in the amount of $250.00. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office by calling (425) 430-6510. If you have any questions or need additional information, please contact Kamran Yazdidoost, at (425) 430-7382. Sinc ely, 16 - Vicki Grover Interim Development Engineering Manager cc: Jennifer Henning, Planning Director Kamran Yazdidoost, Plan Review Pat Miller, Construction Inspection Supervisor Stacy Tucker, Planning Technician Renton City Hail . 1055 South Grady Way • Renton, Washington 98057 . rentonwa.gov Denis Law or alt f May y D Aoh August 28, 2015 Community & Economic Development Department C.E."Chip"Vincent, Administrator Jim Berger Conner Homes 846-1081h Ave NE, Suite 200 Bellevue, WA 98004 RE: Street Liightine Deferral Request Greenleaf Final Plat, LUA15-000453 18655 & 18647 - 108th Ave SE Renton; WA 98055 Dear Mr. Berger: On July 8, 2015, your request to defer the installation of the 16 required street lights for one year inside the plat of Greenleaf until after the Final Plat has been approved, with the condition that final inspection will not be approved for the first completed home until the street lighting is in place and operational. In order to meet the requirements of the deferral, please forward a security device acceptable to the City (cash, check, Letter of Credit or a Set Aside Letter) payable to the City of Renton in the amount of $90,832.50 which represents 150 percent of the estimated cost of the installation for the final improvements. The security device must be in place with the City within 10 days from today's date. According to City code, you have 15 days from today's date to appeal the administrative determination. Appeals are to be filed in writing, with the City Clerk and require a filing fee in the amount of $250.00. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office by calling (425) 430-6510. If you have any questions or need additional information, please contact Kamran Yazdidoost, at (425) 430-7382. Since ely, Vicki Grover < Interim Development Engineering Manager cc: Jennifer Henning, Planning Director Kamran Yazdidoost, Plan Review Pat Miller, Construction Inspection Supervisor Stacy Tucker, Planning Technician Renton City Hall . 1055 South Grady Way • Renton, Washington 98057 . rentonwa.gov 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Greenleaf Final Plat ) FINAL PLAT APPROVAL LVA 15-000453FP } } } Summary The applicant has applied for final plat approval of the Greenleaf Final Plat. The final plat is approved subject to conditions. Testimony No hearing is held on final plat applications. Exhibits The following documents were considered in evaluating the application for final plat: 1. July 28, 2015 staff report. 2. July 28, 2015 memo to Phil Olbrechts from Kamran Yazdidoost. 3. Final Plat and Vicinity Map FINAL PLAT - 1 Findings of Fact 1 II Procedural: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. Applicant. Conner Homes LLC. 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The applicant is requesting final plat approval for a 34 lot subdivision. The subdivision received preliminary plat approval on July 25, 2014 by the City of Renton. The subdivision is located at 18647, 18655, 18819 and 18825, 108' Ave SE.. 4. Consistency with _Preliminary Plat Conditions. The applicant has complied with all preliminary plat conditions of approval as detailed in the staff report, Ex. 1, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: 1. Authority of Hearing Examiner. RMC 4-7-110(C) provides that the hearing examiner shall approve all final plats. Substantive: 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other than to require that "the final plat shall conform with only minor modification to the preliminary plat." RMC 4-7-110(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. DECISION The final plat application is approved, subject to the following condition: 1. All applicable fees shall be paid prior to recording of the final plat, except those fees expressly deferred to a later date by the preliminary plat conditions of approval or City ordinance. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the final plat. FINAL PLAT - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Dated this 18th day of August, 2015. City of :Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-110(F)(1) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT - 3 CITY OI �. _ DEPARTMENT OF C�,,.,MUNITY �. AND ECONOMIC DEVELOPMENT Rentoll PLANNNING DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Conner Homes LLC Greenleaf (aka Panther lake ) (LUA14-000190, ECF, PP, MOD) File: LUA15-000453, FP LOCATION: 18647, 18655, 18819, 18825 108th Ave SE, Renton, WA 98059 A Portion of SE f of Section 32, Township 23N, Range 5E, King County, Washington SUMMARY OF REQUEST: Final Plat for 34 single family residential lots, with water, sewer, storm, and streets. Water and sewer is provided by Soos Creek Water and Sewer District. RECOMMENDATION: Approve with a Condition FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Conner Homes LLC, filed a request for approval of a 34 -lot final plat with 5 tracts. 2. The yellow files (LUA14-000190 and LUA15-000453) contain all staff reports and the State Environmental Policy Act (SEPA) checklist. 3. Documentation and other pertinent materials entered into the record as Exhibit 1. 4. The Environmental Review Committee (ERC), the City's SEPA responsible official, issued a Determination of Non -Significance Mitigated (DNS -M) on June 23, 2014. 5. The subject proposal was reviewed by all departments with an interest in the matter. 6. The subject site is located at 18647, 18655, 18819, 18825 108th Ave SE. The plat is located in a Portion of SE % of Section 32, Township 23N. Range 5E, King County, Washington. 7. The subject site is roughly 345,011 square feet (7.92 acres). City of Renton Department of Co ...... unity & Economic Development Final Plat Report & Decision GREENLEAF FINAL PLAT LUA15-000453, FP Page 2 of 7 8. The Panther Lake/Greenleaf preliminary plat received approval from the City of Renton on July 25, 2014. The 14 -day appeal period ended on August 8, 2014. No appeals of the Hearing Examiners decision were filed. 9. The property is located within the Residential -8 du/acre (R-8) zoning district. 10. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 11. The Preliminary Plat was subject to 22 conditions as a result of preliminary plat review and two (2) mitigation measures as part of environmental review. The applicant has complied with the following conditions imposed by the ERC: a. Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study prepared by Earth Solutions, NW (dated September 23, 2013). Response: All construction plans have been prepared to the specifications of the Geotechnical Report prepared by Earth Solutions, NW dated September 23, 2013. In addition, all construction that has been, and will be performed complies with the recommendations of the report. b. Project construction shall be required to comply with the mitigation recommendations identified in the submitted Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. (dated January 28, 2014, updated May 15, 2014). Response: All construction plans have been prepared to the specifications of the Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. dated January 28, 2014, updated May 15, 2014. In addition, all construction that has been, and will be performed complies with the recommendations of the report. 12. In addition, the applicant has complied with the following conditions as a result of the preliminary plat approval Hearing Examiner's decision dated July 25, 2014: a. The applicant shall obtain a demolition permit and all required inspections for the removal of the existing single family residences and detached garages prior to Final Plat recording. Response: All single family residences and associated detached garages were demolished in the fall of 2014 after obtaining the necessary demolition permits. b. The applicant shall obtain all necessary state and federal authorization for wetland impacts prior to beginning any ground disturbing activities, within the wetlands and their buffers. Response: All necessary approvals and permits have been obtained. Please see attached to this letter the Army Corps of Engineers approval for the wetland filling. c. A final detailed landscape plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit issuance. City of Renton Department of Co..... )unity & Economic Development Final Piat Deport & Decision GREENLEAF FINAL PLAT LUA15-000453, FP Page 3 of 7 Response: A final detailed landscape plan was prepared, submitted, and approved by the Planning Project Manager with the Construction Plans. This some approved landscape plan has been submitted with this application. d. The applicant shall submit a Final Mitigation Plan for all construction impacts to the critical areas and their buffers. The Final Mitigation Plan shall be submitted to, and approved by, the Current Planning Project Manager prior to utility construction permit approval. All wetland mitigation, including required fencing and signage shall be installed prior to final plat approval. Response: A Final Mitigation Plan for oil construction impacts to critical areas and their buffers was submitted with the Construction Plans. The Final Mitigation Plans were reviewed and approved as part of the Construction Plans. All wetland mitigation including fencing and signage has been installed. The approved Final Mitigation Plans have been submitted with this application for reference. e. "Stormwater/Sensitive Areas Tract C," which includes both a stormwater pond and sensitive areas, shall be separated into two tracts in order to apply a Native Growth Protection Easement over the critical areas portion. Response: Tract C is conveyed to the Greenleaf Homeowners Association and an easement has been provided to the City for the stormwater pond. The Sensitive Area within Tract C will be maintained and protected by the homeowners association. f. The applicant shall establish a Native Growth Protection Easement over that part of the site encompassing the remaining stream and wetland buffer areas, prior to Final Plat Recording. Response: All portions of the site encompassing streams, wetlands, and their buffers have been preserved in Sensitive Area Tracts with specific language protecting them from any disturbance. g. The applicant shall be required to create a Homeowners' Association (HOA) with shared responsibility for maintenance of Native Growth Protection Easement and all shared improvements of this development, including but not limited to utilities, shared driveways, common landscaping, and park space. A draft of the document(s) shall be submitted to the Current Planning Project Manager for review and approval by the City Attorney and Property Services prior to the recording of the final plat. Response: A HOA has been created and will be responsible for maintenance of Sensitive Area Tracts and all shared improvements. Please see attached, the Articles of Incorporation for the HOA. h. The applicant shall be required to either obtain a variance for the tree removal and resubmit the City of Renton Tree Retention Worksheet or redesign the plat to retain the trees located in Wetland E and its buffer. The updated tree retention plan and worksheet along with an approved variance shall be obtained prior to the issuance of a construction permit. City of Renton Department of C-.... . iunity & Economic Development Final Plat Report & Decision GREENLEAF FINAL PLAT L[1Ai5-000453, FP Page 4 of 7 Response: The Variance was submitted and approved for the removal of the trees located in Wetland E and its buffer. Approval of the Variance was provided on March 9, 2013 and the conditions of that approval are addressed later in this letter. i. The applicant shall record, on the face of the plat, a minimum 5 -foot restrictive building easement (no build) on the south lot lines of Lot 33 and Lot 34. Response: The restrictive 5 -foot "no build easement" on the south sides of Lots 30 and 31 (previously 33 and 34) has been shown as required. j. The applicant shall obtain approval for a Critical Area Exemption (also a Tier I permit) for all activities that will intrude into a critical area or required buffer according to the City of Renton Critical Areas Regulations in RMC 4-3-050C,1, L, and N. Response: The Critical Area Exemption was prepared and submitted to the City of Renton. It was approved on March 9, 2015. The conditions of that approval are addressed later in this letter. k. The applicant shall be required to comply with Level 2 flow control, by discharging stormwater outfall using an energy dissipater, located at the ordinary high water mark of Panther Creek within the drainage easement. Response: The stormwater plans were designed to comply with Level 2 flow control and the discharging stormwater outfall has an adequate energy dissipater located near the ordinary high water mark of Panther Creek within the drainage easement. The storm plans were reviewed and approved as part of the construction plans. I. The applicant shall provide an oversized level spreader to treat the bypass area. Response: The bypass area that encompasses lots 32-34 incorporates an oversized level spreader to dissipate the stormwater across the top of the slope. m. Access to Lots 21-23 must be done by a 20 -foot wide shared private driveway, as depicted in Exhibit 35, subject to the discretion of the fire marshal, to reduce that width upon further review during project engineering. Response: A 22' wide shared driveway provides access to the above referenced lots (shown as Lots 18-20 on the Final Plat). The extensions off of the hammerhead -style turnaround are 16' in width and are short enough that fire access of 20' wide is not required. This was approved as part of the Construction Plan review. n. Each Preliminary Plat Sheet that is inconsistent with the revised Preliminary Plat Plan shall be revised and resubmitted to, and approved by, the Current Planning Project Manager prior to utility construction permit approval. Response: All sheets were revised and approved by the Current Planning Project Manager as part of the Construction Plan review. City of Renton Department of Co ..... .unity & Economic Development Final Plat Report & Decision GRFFNLEAF FINAL PLAT LUA15-000453, FP Page 5 of 7 o. All proposed street names shall be approved by the City. Response: Street names have been approved and shown on the face of the plat. p. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). Response: All lot corners at intersections have been designed and constructed with a minimum radius of 15` as prescribed. q. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. Response: Side sewer lines have been installed 8 feet into each lot as required. r. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. Response: All utilities have been designed to be placed underground and are installed underground as required. s. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant and shall inspect the conduit and certify to the City that it is properly installed. Response: All Cable N conduits have been installed underground per this requirement. t. The applicant shall install all street name signs necessary in the subdivision prior to final plat approval. Response: All street name signs have been installed in the subdivision as required. u. The associated lot line adjustment application (LUA14-000190) shall be approved and recorded prior to final plat approval. Response: The associated Lot Line Adjustment was approved and recorded. The recording number for the LLA is 1120140905900012. City of Renton Department of C -.....;unity & Economic Development Final Plat Report & Decision GREENLEAF FINAL PLAT LUA15-000453, FP Page 6 of 7 13. In addition the plat was subject to a number of conditions from the administrative Variance and Critical Areas Exemption Decision (dated March 9, 2015; File No. LUA15-000016, CAE, V-A): a. The project shall comply with all the conditions identified in the Environmental Review Determination and Preliminary Plat Decision (City file LUA14-000190). 1. Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study prepared by Earth Solutions, NW (dated September 23, 2013). 2. Project construction shall be required to comply with the mitigation recommendations identified in the submitted Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. (dated January 28, 2014, updated May 15, 2014). Response: Answered above in reference to the Environmental Review Determination. b. The development shall meet the minimum tree retention requirements of the R-8 zone, and shall provide an updated tree retention worksheet identifying compliance with the Final Plat for review and approval by the Current Planning Project Manager. Response: The development meets and exceeds the minimum tree retention requirements of the R-8 zone. An updated tree retention worksheet identifying compliance with the Final Plat was submitted and approved by the Current Planning Project Manager. c. The applicant shall receive approval of the Wetland Mitigation Plan prepared by Wetland Resources, Inc. (dated January 29, 2014; revised August 12, 2014; Exhibit 10) from the Current Planning Project Manager prior to the tree removal and fill of Wetland E, or any temporary construction impacts related to the development of a storm pond and an outlet pipe. Response: The Wetland Mitigation Plan was reviewed and approved by the Current Planning Project Manager as part of the Construction Plan review and process. d. in order to provide an advanced level of assurance needed for installation, maintenance and monitoring of the proposed Mitigation Plans (as identified in Condition #3), the City of Renton will need a copy of the signed maintenance and monitoring contract by a qualified professional for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) shall be provided for review to the Current Planning Project Manager prior to execution of the contract. The draft contract language must ensure compliance with installation and performance standards of Wetland Resources, Inc. mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plant maintenance and replacement. The language in the contract must also guarantee that the mitigation measures perform satisfactorily for a period of five (5) years (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates). The contract must include a compliance report within 30 days of the date of the plant installation, quarterly monitoring reports for the first year, and annual reports within the second through fifth years. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to provide a maintenance surety device (a City of Renton Department of C 7unity & Economic Development Final Plot Report & Decision GREENLEAF FINAL PLAT LUA15-000453, FP Page 7 of 7 letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years. Response: The applicant has provided the monitoring contract as required and upon its approval has provided a surety device to guarantee the plants perform satisfactorily for a period of no less than 5 years. e. At the conclusion of the five (5) year compliance monitoring schedule, the applicant shall provide the City's Current Planning Project Manager written verification (from a qualified wetland biologist) of completion of the planting and restoration plans. Response: Written verification will be provided as required after the 5 year compliance monitoring. The written verification process has been established in the contract with our biologist and upon completion of monitoring the biologist will send the necessary documentation. CONCLUSION: The Final Plat satisfies the conditions imposed by the preliminary plat process. RECOMMENDATION: Staff recommends approval of the Greenleaf Final Plat, LUA15-000453, FP subject to the following condition: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 28TH DAY OF JULY, 2015 kPNN DIVISION DEPARTMENT OF Cw.AMUNITY AND ECONOMIC DEVELOPMENT C1 TY OF -----w�Renton 0 PLANNNING DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Conner Homes LLC Greenleaf (aka Panther lake ) (LUA14-000190, ECF, PP, MOD) File: LUA15-004453 FP CONCURRENCE DATE J Lk `2X , 2—,0 5 NAME IN LID TE r Y�- - cyv —� .fl''1 Franl `� LOCATION: 18647, 18655, 18819, 18825 108th Ave SE, Renton, WA 98059 A Portion of SE % of Section 32, Township 23N, Range 5E, King County, Washington SUMMARY OF REQUEST: Final Plat for 34 single family residential lots, with water, sewer, storm, and streets. Water and sewer is provided by Soos Creek Water and Sewer District. RECOMMENDATION: Approve with a Condition FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Conner Homes LLC, filed a request for approval of a 34 -lot final plat with 5 tracts. 2. The yellow files (LUA14-000190 and LUA15-000453) contain all staff reports and the State Environmental Policy Act (SEPA) checklist. 3. Documentation and other pertinent materials entered into the record as Exhibit 1. 4. The Environmental Review Committee (ERC), the City's SEPA responsible official, issued a Determination of Non -Significance Mitigated (DNS -M) on June 23, 2014. 5. The subject proposal was reviewed by all departments with an interest in the matter. 6. The subject site is located at 18647, 18655, 18819, 18825 108th Ave SE. The plat is located in a Portion of SE % of Section 32, Township 23N. Range 5E, King County, Washington. 7. The subject site is roughly 345,011 square feet (7.92 acres). DEPARTMENT OF COMMUNITY ccv<=t AND ECONOMIC DEVELOPMENT r� M E M D R A N D U M DATE: July 28, 2015 TO: Phil Olbrechts, Hearing Examiner FROM: Kamran Yazdidoost, x7382 SUBJECT: GREENLEAF FINAL PLAT LUA15-000453, FP (Preliminary Plat LUA14-000190) Per City Code 4-7-110, Final Plat Procedures, I am forwarding the attached Final Plat for review. I am the project manager and I am in the process of finalizing all required paperwork. I recommend that the Hearing Examiner approve the Final Plat with the following condition: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. I am the responsible party to insure that both of those conditions are met. Please note that following the Hearing Examiner's approval, the project is returned to me for the final step in the process. I will then submit the project to the Public Works Administrator to sign the final plat Mylars, at which time I shall declare that all conditions and all fees have been paid. Please contact me if further information or additional materials is needed Thank you. Cc: Jennifer Henning, Planning Director Vicki Grover, Development Engineering Manager (3S 9AV H19D1) SL5 HS o n:, r -y � 1 ,Z�'IZS 3,ZZ,9Z.LN VX665 Ld ghlL6s�l LLJ z N� I l i .I� I�'I I 0 Lo (3S 9AV H19D1) SL5 HS o 1 ,Z�'IZS 3,ZZ,9Z.LN N N N� I l i .I� I�'I I .LE'ULL 3dL,iL[N Cli `` I VJ' I i.' I p�w 'r ry 1 f N I z 0 Z i i. I qR hm Z),ZZ'OLI Dis 3.IC.ZZ.LH W Z— I I IF S O'Du I 3,tZ.9Z.IN I+ tyy I L�,� U `zy _ 1� WR I to ❑❑ pp I C 3 I P� dD �.00 av sxcc - .tz'Itl a,gviw I rN �, \.�&�S ry' W Ii1 f031YD1634 39 Dii ter :z In � a S rr Sm pQ Ln 1– II: ^ i�44 �y N Lj His C � 8 r Lo FP.t ORR M -'1 r - n I I Fa'4" 1I I 3 no Op �' I a ,tf'6CE 3.BL,tZ.tN _ Uw I I SITE VICINITY MAP NOT TO SCALE Figure 1.1 Vicinity Map Denis Law Cit of . Mayor - _ Y.- f - `AY rJi mom Community & Economic Development Department June 18, 2015 C.E."Chip"Vincent, Administrator Aron Golden 84610gth Avenue ISE Ste 200 Bellevue, WA 98004 Subject: Notice of Complete Application Greenleaf-Larosa, LLC LUA15-040453, FP Dear Mr. Golden; The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7382 if you have any questions. Sincerely, Kamran azidoost Project Manager cc: Greenleaf Larosa, LLC, Owner Evan Mann, Project Planner Jennifer Henning, Planning Director Renton City Hall . 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Denisy Law City of `p t� A'► Community & Economic Development Department C.E."Chip"Vincent, Administrator December 8, 2015 TO WHOM IT MAY CONCERN: Subject: New Plats and Short Plats in the City of Renton Please see attached new plats, short plats and multi -building developments that have recently been addressed. Some of these have been recorded and I am supplying a list on new parcel numbers with the new addresses. if the plat is not recorded (NR), l am only giving you the plat map with the new potential addresses written on it. Please add these addresses to your City directories and maps. Bob Singh Plat Canyon Terrace Plat (NR) Copperwod (NR) Dhillon Short Plat (NR) Enclave at Bridle Ridge Plat (NR) Greenleaf/Panther Lake Plat Highlands Park Short Plat (NR) Jason's Short Plat Jassen Short Plat Jefferson Glade Short Plat (NR) Kelsey's Crossing Plat Kennydale Vue Point Short Plat (NR) Lord Short Plat/3307 (NR) Maertin's Ranch/Concord Place Plat (NR) Morris Ave Short Plat (NR) Nantucket Avenue Short Plat (NR) Sidhu Short Plat (NR) Skagen Short Plat (NR) Talbot & 55th Plat (NR) Vuecrest II Short Plat (NR) Whitman Court Townhomes PH 11 Plat (NR) incerely, Jan Conklin Energy Plans Examiner Development Services Division Telephone: 425-430-7276 41:platadd Renton CityHall . 1055 South Grady Way . Renton, Washington 98057 . rentonwa.gov rtA 1� a i r I Z xl2Y2e• v.a' °a -_ .9g I : a 1 i Z.. n A w �gII IPS C7, CI - Ft >O --- ---- -- I m I o ROAD 9 �a +41 .NIL .s+ �f-+-1 0 17°.0#' 2 �Ig � I S� � a0f a R� t „] =• .rte � n� MI32'7t'E � • vR• �� i ' � l2 � *e \ �'� I Lr � x �� SS �N 170.71'401-1 70. r' I V F ♦ N12a'S1'p 71' � I I � � al I S I IV 4Al .4 N1 �6'SS•E 223AY I _ _ I SN515(l981'HAVEtiE} Lo ;e lu .f � S Greenleaf Plat LUA15-000453 Recording #20151105000048 Parcel Numbers to be retired: 6623400053, 3223059148, 3223059344, 6623400054, 3223059123, 3223059273 Mouses demolished: 18655 and 18647 108th Ave SE PID PSTLADDRESS PSTLCITY PSTLSTATE PSTLZIP5 2909270010 10732 SE 187th PI Renton WA 98055 2909270020 10726 SE 187th PI Renton WA 98055 2909270030 10720 SE 187th PI Renton WA 98055 2909270040 10714 SE 187th PI Renton WA 98055 2909270050 10708 SE 187th PI Renton WA 98055 2909270060 10702 SE 187th PI Renton WA 98055 2909270070 10628 SE 187th PI Renton WA 98055 2909270080 106225E 187th Pi Renton WA 98055 2909270090 18701 107th Ave SE Renton WA 98055 2909270100 18707 107th Ave SE Renton WA 98055 2909270110 18713 107th Ave SE Renton WA 98055 2909270120 1871.9 107th Ave SE Renton WA 98055 2909270130 18725107th Ave SE Renton WA 98055 2909270140 18803 107th Ave SE Renton WA 98055 2909270150 18809 107th Ave SE Renton WA 98055 2909270160 107015E 188th St Renton WA 98055 2909270170 10707 SE 188th St Renton WA 98055 2909270180 10711 SE 188th St Renton WA 98055 2909270190 10717 5E 188th St Renton WA 98055 2909270200 10723 SE 188th St Renton WA 98055 2909270210 10729 SE 188th St Renton WA 98055 2909270220 10735 SE 188th St Renton WA 98055 2909270230 107415E 188th 5t Renton WA 98055 2909270240 18718107th Ave SE Renton WA 98055 2909270250 18712107th Ave SE Renton WA 98055 2909270260 18706107th Ave SE Renton WA 98055 2909270270 18700 107th Ave SE Renton WA 98055 2909270280 10715 SE 187th PI Renton WA 98055 2909270290 10721 SE 187th PI Renton WA 98055 2909270300 10727 SE 187th PI Renton WA 98055 2909270310 10733 SE 187th PI Renton WA 98055 2.909270320 10616 5E 187th PI Renton WA 98055 2909270330 10610 SE 187th PI Renton WA 98055 2909270340 10604 SE 187th PI Renton WA 98055 Greenleaf Plat LUAIS-000453 Recording 420151105000D4E Parcel Numbers to be retired: 6623400053, 3223059148, 3223059344, 6523400054, 3223059123, 322305927 Houses demolished: 18655 and 18647 108th Ave SE PID PSTLADDRE55 P5TLCITY PSTLSTATE PSTLZIPS PSTLZIP4 29D9270010 10732 SE 187th PI Renton WA 98055 6428 2909270020 10726 SE 187th P1 Renton WA 98055 6432 2909270030 10720 SE 187th PI Renton WA 98055 6432 2909270040 10714 5E 187th PI Renton WA 98055 6432 2909270050 10708 SE 187th PI Renton WA 98055 6432 2909270060 10702 SE 187th PI Renton WA 98055 6432 2909270070 10628 SE 187th PI Renton WA 98055 6432 2909270080 10622 SE 187th PI Renton WA 98055 6432 2909270090 18701 107th Ave SE Renton WA 98055 6432 2909270100 18707 107th Ave SE Renton WA 98055 6432 2909270110 18713 107th Ave SE Renton WA 98055 6432 2909270120 18719 107th Ave SE Renton WA 98055 6432 2909270130 18725 107th Ave SE Renton WA 98055 6432 2909270140 18803 107th Ave SE Renton WA 98055 6432 2909270150 18809 107th Ave SE Renton WA 98055 6432 2909270160 10701 SE 188th St Renton WA 98055 6432 2909270170 10707 SE 188th St Renton WA 98055 6432 2909270180 10711 SE 188th St Renton WA 98055 6432 2909270190 10717 SE 188th St Renton WA 98055 6432 2909270200 10723 5E 188th St Renton WA 98055 6432 2909270210 10729 SE 188th St Renton WA 98055 6432 2909270220 10735 SE 188th St Renton WA 98055 6432 2909270230 10741 SE 188th St Renton WA 98055 6432 2909270240 18718 107th Ave SE Renton WA 98055 6432 2909270250 18712 107th Ave SE Renton WA 98055 6432 2909270260 18706 107th Ave SE Renton WA 98055 6432 2909270270 18700 107th Ave SE Renton WA 98055 6432 2909270280 10715 5E 187th PI Renton WA 98055 6432 2909270290 10721 SE 187th PI Renton WA 98055 6432 2909270300 10727 SE 187th PI Renton WA 98055 6432 2909270310 10733 SE 187th PI Renton WA 98055 6432 2909270320 10616 SE 187th PI Renton WA 98055 6432 2909270330 10610 SE 181th PI Renton WA 98055 6432 2909270340 10604 SE 187th PI Renton WA 98055 6432 PLATLOT LEGALDES[PRESENTU PROPNAME 1 4 2 y� -� � K � � � 1C7 LO LJ ilM WAN\0 0 O° I% rit rt N1 k l �� (9ti 3AY F11BIIf) sl; b5 � i" c- b�t5 I f o " .Zt+tLi ti.9L, IN r- ISH ,I a}�t9y 7� I 6 _ yt • n `r y Imo. I I'�� i�:b Y' wi- •- •Y yl h I I I ICULI itiLIN u V I COA L 3a I a�cxtIN Cq LLd lo Icr�F I' lSn T r I;�Ij 2" AN ©1Iku If a i R .io-u�ir i.rtin`� 4 �' Nig % W -gtit• r'1 �5'� Q,� I �Ix �� 1 if I dr r '. �. e�; 1• rW 1 --- - a4 �` I �� W�� «•tir _ "Y' lil n 'j f ImirJILL7] � el7 .. �� 1 FSEll H17V021 a �• Zvi LL [~n 40 oR L r a r Yp _ b I � I .1► SII ui I ' 1 I ` I 1 L _ OF, 1 t I CITY OF RENTO DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: November 2, 2015 To: City Clerk's Office From: Sabrina Mirante Subiect: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Greenleaf Larosa, LLC LUA (file) Number: LUA-I� 000453, FP Cross -References: u AKA`s: Panther Lake Project Manager: Kamran Yazdidoost/Jan Illian Acceptance Date: June 19, 2015 Applicant: Greenleaf Larosa, LLC / Connor Homes Owner: Contact: Evan Mann PID Number: ERC Determination: Date: Appeal Period Ends: Administrative Decision: Date: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Approved with Conditions Date: August 18, 2015 Appeal Period Ends: September 2 201 Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Final Plat for 34 single family residential lots, with water, sewer, storm, and streets. Water and sewer is provided by Soos Creek Water and Sewer District. Location: 18647, 18655, 18819, 18825 108th Ave SE, Renton, WA 98059 A Portion of SE 1/4 of Section 32, Township 23N, Range 5E, King County, Washington Comments: ERC Determination Types: DNS - Determination of Non -Significance; DNS -M - Determination of Non -Significance -Mitigated; DS - Determination of Significance. SDOS CREEK WATL,x & SEWER DISTRICT 11616 S.E. 192nd St. • P.O. Box 58039 • Renton, WA 98058-1039 • Phone (253) 630-9900 • Fax (253) 630-5289 Certification of Sewer Availability for the Plat of: GREENLEAF PLA T Soos Creek Water and Sewer District certifies herewith that the sewer system installed in the referenced plat has been accepted fur maintenance and operation. This server system has been incorporated into the District's sewer.�rstem and service will be provided to the connecting properties on the same basis and under the same conditions as all other customers of the sewer district. All lots/units within the plat of. GREENLEAF PLAT now have sewer available by side sewer connection. A side sewer permit must be obtained tit the Saes Creek Water and Sewer District office prior to connection. Rarr Sp er c4' District Manager Thurmhq, Sepivnher 17, 2015 www.sooscreek.com Page 1 (if 1 SDOS CREEK WATL., & SEWER DISTRICT 14616 S.E. 192nd St. • P.O. Box 58039 • Renton, IVA 98058-1039 - Phone (253) 630-9900 • Fax (253) 630-5289 Certification of Water Availability for the Plat of: GREENLEA F PLA T Soos Creek Water and Sewer District certifies !herewith that the water .gstem installed in the referenced plat has been accepted far maintenance and operation. This water system has been incorporated into the District's water systent and service will be provided to the connecting properties on the sante basis and under the sante conditions as all other customers of the water district. All loislu nits within lite plat of GREENLEAF PLAT now have water available by service connection. A water meter application roust be ohtained at the Soos Creek Witter and Sewer District (if fce prior to connection. Ron Spee District Manager cc Local Fire Department ThursdaY, September 17, 2015 www.sooscreek.com Page I of 1 C17Y OF RENTON COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT MAINTENANCE BOND Band Number: SAlFSU069024 Project Marne Greenleaf Final Flat KNOW ALL MEN BY THESE PRESENTS; that we Greenleaf -LaRosa LLC as Principal and _International Fidelity Insurance Company a corporation organized and existing under the Laws of the State of _ New Jersey Surety are held and firmly bound unto THE CITY OF RENTON as Obligee, in the total sure of Two hundred thousand seven hundred thirty six and 001100 , ( 5200,736.00 )dollars, for the payment of which, well and truly to be made, the executors, administrators, successors and assigns, jointly and severally, firm by these presents: For; Storm Drains e S stem Street Improvements and Street Lighting Maintenance NOW, THEREFORFORE THE CONDITON OF THIS OLIGATION IS SUCH, That if the Principal shall maintain and remedy said work free from defects in materials and workmanship for a period of (2) two years following completion, then this obligation shall be void otherwise it shall remain in full force and effect. SIGNED, SEALED AND DATE© tills -251h DAY OF September , 20 15 BY: Q, L-� Applicant's � 12600 SE= 38th ST #250 Applicant's Address Bellevue SIVA 98006 City, State, Zip Code � r -^r BY:g f p,J l Signature of Bonding Agent Patti White ! Attorney -in -Fact Name of Banding Agent Company 425-486-1291 Agent Picone Number ;I`)73) 6124-7200 POWER F TTO N t:Y INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE :NE-PYARK CENTER, 20 T H F_COR NEV ARK. NE'Vd JERSEY 0, 2-5207 KNOW ALL HIEN BY THESE PRESENTS; That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation r,rgarized and existing under the laws of t';e State of ,'Lely Jcr ey: and ALLEGHENY CASUALTY COMPANY z Lor; oratic,n crganized and existing girder tare laws of the State of Pe,-tnsy:va,112, having their Prnclpal office in the City of Newark, New Jersey, do ^:erect' ccr:sh ute and appoin! DEAN R. YOUNG, MARK S SCHAA, T ERESA GL"r C"BECKI, KRISTIN JACKSON, JON.I L, GRII=FIS, LAWRENCE J. NEWTON. CARL M LOVSTED Iii, (DEBORAH L. BUSS, LARRY A. PETERSEN, PATTI WHITE Bothell, WA. Ct?EIS i; ue and IaWful attO{^ey(Si ;r-`aGt'p exec- te. Seal 2^. del'vrr fX'2nd o, its :,eha `a5 su,eiy. ear.y af?d ak br,nds ar+n urdertakings. Cor tf3C:S of I loemnity and other wntings ch lga'o,y in le •lature thereof, wnicr, ire or r of be a I er ega red or permi ted oy 'rev., s'atute, ruse, re^,cation, contract or otherwise, and ',he executionof ucra ir,s,ru , er tfs� n ^, r: °anr,? of lcse^ � dA as r(;ng upon ^e said :f%TERK1Af`(ONA'_ FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL I Y GO,NIPA,NY, ;�s ;ply Fwd ar W i:. � ) . ,. ,e•::u :arjo :,t;r;:oses, as J the sarne had neon duly exe:;uted ari ar,Knowledged by their regularly elected officers at li'etr urrcpai nffiwes. This Power of Attorney s exewu ,d, ani may ne rev ,x a. ru u a--, ' v au �cr;ty Cif �U 8y .LaWtj r-U-FRtiAT O vt1 -1� '�I': Y t VSURANCE CO fPAVY and AMLF t NY CASUALTY t D ,f�ARY ro ,s ;r, .-C .-hc Ity , (f[3flcs� ink rp oiuLon �dc ,ed by the 3card r. -„rectors of INTERNA, 1(JNAL IDE' Y 1tv5lJRANCE CON/,i A ata meet 7g djN- he c ur ^ :"e 20 day of - ly, 25110 and dy ; e Board of Di-ectors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day o` AE.;gas:,'H)C01: "RESOLVED, :rat (1) t^e President, Vice President. Exec ut've V; --e Pres n etas of the Gorpoiat'c srai: gave me ,power to acpoir,t, and to revo4 ( the rsppoltlt'73Bi1f5 Of, it>orneys-Ifl-:�2Ct Cf ager'S Jlth cower HnG a4..hCr?y a de� O £:Tilted m `."°'„ resSLC ,ve �C+ e -S Of 2ttorr?By, and t0 exe "te or beha f of me CorpOratiCn anj aux the Corw^orat:on'S s,221m-:a et7 _..Gin's urde ;,6r.gs, Cyrizarces, con(rcacls OF ;rdemn:ty and other vir',tten-bliCat:ons I='1 the., nature thereof or related ti'.ereto and {2) ar.y S h Offz rs Of the Corpora e„ mai al and rE avni e the axointme is Cf joml-conirol CL5.Od arl5. anen' for acceptance of ^yrQC:ESs, and Attorneys -,n -fa J,th a ,Fof.`y to execute a -',ren= - C c:;i7 yen's or, ne nlf nf ti,,e Cp a,i n: ano (3) the 5i(Jnatt"e such Of*cer o' .re C orporafon and the Carc,c a.;on's ea r -ay h aYixe y acs e to pry n'uer rf attorney or Gn a ori 9ve for the execution of ani gond. urdertakung, recconva^Ce, contract of ncemn;ty or cmer written �a 'v" r•, ^.e nature tlle eof or relate.?ne oto, such s��:3ature a'�d seals when so Used vv 3ether ieretofore or rereafter, bei -7 ne 8'.7f a opze1 by tt v C _rc`-o^ as life or�gr, zz..i signature of ;;J& off; car arc the Orlglrial seal of the Corporaticn, to be val:d anc t;;nding :-pan i>;e t%..,.E'30,8°?O. With 'he Sa'? 9 fn'Ce 2"tr; effect as Cf oii-h Manul�y affixed," 1N WETNESS WHEREOF, .NTERNATIONAL '"IDELITY 'NSLiRANICE COMPANY and ALLEGHENY CASUALTY COMPANY lava each execo,'Pd and attested these presents an this 12th day of h•.arclr, 2012 STATE (7P NEVV JERSEY r c4County Q# Essex' - 1936 1904 t . 47RC)BERT V -i' MiRS'µR ` f Executive Vice ;.O Officer (tennalorai =ide+l'v 1rsWarCe &mpany) acrd Preside:rt ,A; eghe^y Casualty Carrapany) Or; this 12th day of March 2012. before me came ?he roivid :al wtio execji ed the preceding irstruriert, to me persoria`fiy l and, being by rte duly sworn, said he is the therein Mescnbed and auLhorzed o'icercf ^?ER;NATi0NAL F'SEL;TY iNSURANCE COMPANY and ALLEGHENY CASUALTY CQ IPANY : that the seals affixed to said instrument are the Corporate Sea'Is of said COTOZMieS, that the said Corporate Seals and his signature we;e duly affixed dy order of the curds o` )i^7ctcr5 of said r ^m ares. iN ;S`',V.'NY VV"ERECF, I nave ereurto set my fi ar,d affixeu nay vff.c a' Seal, +4*ti},.E, E3 rlffrrrE� a 1ne �ItV Gi t`ic4rar K, fve�v ,;efsey the day and year ti -'$t above 4Nrlt te'?. A NOTARY r'I,)91.IC OF NEW 't".RSLY J '' •.., '' 4- ,. My Ccrrn,'sYon Expires April 16, 2019 ''EE EEE( ElIE, 1}j5 CERTIFICATION I, the undorsirg'ried officer of 1NTERNATICNAL l 17 "* SUR,ANCE C0-Vf1A%Y ^.d A: MEG HENY CASUALTY CC)'v,PANY o hereby c_ tfy that's have carnpared the foregoing copy of the Power of Attorney arc af#idav t, .and the cosy of re Sections of she Bey -Laws of said Companies as set fCrth in said Power of Attorney, with the originals on file in re borne office c` said companies, and tt`at the same are Correct trarscriols thereof, and of Che whole of the. Said orgi:rials, and what lh2 Said Power of Attorney has not "een rev {ed a:rld !is -�Qvi i `;,ll farce nilc eff2Ct. 'IN TESTIMONY ',NHERECF, have rereunto Set my ;rand ^.is day of 'v`ARiA BRAN'CO, Assistant Secretary ADVISORY NOTES TO APPLICANT LUM 5-000453 Application Date: June 16, 2015 Name: Greenleaf Plat AKA Panther Lake ENG - Final Plat Submittal Review City of {, Site Address: 18825 108th Ave SE Renton, WA 98055-6428 Version 1 1 August 04, 2015 1. Provide a copy of the maintenance and monitoring contracts A surety device of 125% of those contracts is required for the 5 year maintenance and monitoring plan. This can be received via cash check or cashier's check. 2 Provide an electronic PDF of the final detailed landscape plan and wetland mitigation pian.................. .......................... 3 Provide electronic PDF's of the Articles of Incorporation and Bylaws of Greenleaf Homeowners Association Redline comments will follow. 4. Add approved street names to the face of the slat. I - € €[t..... ...... ...... .. .................... E1�......."._ ............._..__...........,.t.tF.. <.. ki._..�:..ai.t! ..:...................."...... �.. - ........m' ...'.. _ E � .. ..En...g..,.i._....e..".$..........ern€.. I.ad€t 842015 Please revise per red lined fans. .....................<. ............__...._._.... ..,. =.r.0 c.c:.. .�'"hr:^'.>r. {E€:::[:::^.".�............ .......<!<.. :.<.:..—:�€€€4kk�EE�.€Sa......._..._.......:........ _...........<.....<.,z :€?.211tt 1€ E,I, :€. .............. ...... � ...,.<. .,�. En .t ,a ...........t,f,€, ..... ._ : ...,; _.... , ,.:. _�!. !€I��:€:°:°:__:::.,--;m-= " EI�IEIII �.."e;� :,"'::�:,:,':,.';<<€�� t€�,c. 11� (SE€ cam' FFire R, viernr,,Bttilcli,rrg Comments: .. € Crttact Code Thom ...SIE. E titva o.' -........Y. 1. Complete all required improvements. ....._...,.... _...... FF€�5 o _:..i Et Ft.t E FSF.....,.,....._........ E '; ...... ...,,<.€ .. €.'.PJt ti' , ,�.. ..:.., , .. .. t t, .... ..................._{ {{ µ E. ,�.:.....,......;_............ t..t€ E..............,.:.. ........ <.E<E ..< {{ E ..6.....::.....:::::::.:. ^<:<E {<� E < €€.�5.^'.:.`1�'..rE� F E.. .,...i' ;..�. ...................... ...._.........._ E .................. <. .:". :....:. .....<..,...,€ €. �.�,..".............F...................: ..... E :.. ....................... <... , t E �- E 3..__P......._........ EIF" ..m ... .. :........_,.. ,.:._,.... . ... � [ E { S+E ......... <... .. E. :..........:::::':::, �"::t _ ,, ,, _ ;,.:.IEE €€ € ,,. .�mm ...,., r;{ ,F., .. ,, ' :::::.. ....: ;SubmttalAdsJresing RevietnrCorrtIE '._. ....__ actfaonkltl� I_50.E,.1.fti4ln@rentonrra"gv„ 1. Please add addresses to face of plat see atachment. Technical Service Notes: Joseph Dersham PLS, Benchmark Surveying, 206 396 3199 July 31, 2015 City to Provide: • Address for all Lots • Names for all Streets • LND number Corrections needed: • Note the City of Renton land use action number and land record number, LUAII 5 000453 and LND15 XXXX, respectively, on the final plat submittal, all sheets. The type size used for the land record number should be smaller than that used for the land use action number. • Add HOA statement to Dedication such as: Know by all people by these present that we, the undersigned owners in fee simple of the land hereby certify that we have established a homeowner's association in accordance with Washington State Law which identifies each lot of this plat as a member of said homeowner's association recorded under King County recording number ........ • Note the date the existing monuments were visited and what was found, per WAC 332 130 150 • Note any ail encroachments and all found comers along perimeter of boundary, if any. • Provide lot closure calculations, • If the abutting properties are platted, note the lot numbers and plat name on the drawing otherwise note them as 'Unplatted'. • Add/revise scaled vicinity map with all roads within % mile of subject property, • Add date blocks to all sheets with date map was prepared or revised. • Complete curb plug offset table. • Show any easements to be dedicated to Soos Creek Water & Sewer with recording number, if any. • Add PSE easement note for lots 7, 8, 32 34 to sheet 4. • SD easement provision notes: (5) show 10' Private storm drain easement (PSDE), (8) show 10' PSDE, (9) show 10' PSDE — there is a 5' easement indicated now, (10) show 10' PSDE, Change "Then" owners to "The" owners on all notes. • Sewer easement provision notes: Change "Then" owners to "The" owners on all notes. • General Notes: (4) add reference drawing number, (11) add reference study plan number. • Complete and correct address table and lot numbers. • Add new road names. Ran: November 02, 2015 Page 1 of 6 ADVISORY NOTES TO APPLICANT LUM 5-000453 ENG - Final Plat Submittal Review Crty of rl Version 1 1 August 04, 2015 :?::::::::::::':::::::::.:::::. €,.....::::€.,.....€...�.t..<.E. L. E f€€ i s.......f...E,.I._.......... ....m.._............,i'....i..............................._...�.._............. E Technical Services Comments: E € i€E..:iEE.:€:11€:,i:.::.:; : ;Contac i m t ,r ...,..h _ �IEEIE€:IE.€I(I. f Bots. Mon a.2k(3& i@ entc� v�ra.?Y • Add referenced recording number for the 27.6' emergency access easement. • Add "/Z width R O W dimension at road end near Lot 23. • Eliminate obscured and lined through text on all map sheets. Ran: November 02, 2015 Page 2 of 6 ADVISORY NOTES TO APPLICANT LUA15-000453 ENG - Final Plat Submittal Review RESOLVED: 1. Please add addresses to face of plat see atachment. �gc�(aTtE City of m�� Ev6f_ •,,,,,,. 1111. sv,.e...fSl�" #`-�. j Version 2 1 September 18, 2015 Eng�nee"rmg Rev! ew'Comrtents...;:'" T::: , Cantacfam�an.Yaz�fidoosf 42-43 Q T382 kzdiidoosf@rentonwagov 842015 Please revise per red lined plans. onta�ct ,Claris Close 425-430=728 .. ct;iQe reritaQ,,' Rlartnuis Revievi ,corriments[€E�Eii ,, FE . � 1 @ 1. Provide a copy of the maintenance and monitoring contracts. A surety device of 125% of those contracts is required for the 5 year maintenance and monitoring plan. This can be received via cash, check or cashier's check. Recommendations: 1. See redlines on Sheet 2. 1111 1 Provide a copy of the maintenance and monitoring contracts. A surety device of 125% of those contracts is required for the 5 year maintenance and monitoring plan. This can be received via cash, check or cashier's check. .... _ _ 11.11 Recommendations 2 Provide a copy of the maintenance and monitoring contract in order to determine the surety device amount 11.11 1111 1111. 1111._ 2 Provide an electronic PDF of the final detailed landscape plan and wetlandmitigation plan. Recommendations: 1. See redlines on Sheet 2 1111_. - - _ _ .. 11.11. 2. Provide an electronic PDF of the final detailed landscape plan and wetland mitigation plan. ....................................... ,,w..................... ..11_..._.. .. - . - .. ................ Recommendations 2 Provide a copy of the maintenance and monitoring contract in order to determine the surety device amount 3. Provide electronic PDF's of the Articles of Incorporation and Bylaws of Greenleaf Homeowners Association, Redline comments will follow. Recommendations 1 See redlines on Sheet 2 ........... 1111_._ _ 1111.. - - 1111 _ _.._..� 11.11.1111 � 1111 -- .......... _ ..,. 1111 .. . 3 Provide electronic PDF s of the Articles of Incorporation and Bylaws of Greenleaf Homeowners Association. Redline comments will follow. 1111.. 111111--- - ..............1111111111111- 1 Recommendations 2 Provide a copy of the maintenance and monitoring contract in to determine the surety device amount. 4. Add approved street names to the face of the plat i .......... m_m 1111 _..�.� 11.11.._ �. �.. .. .......... . Recommendations 1 See redlines on Sheet 2 _ 1111. 4. Add approved street names to the face of the plat .1111.. _-111,11.11'....,... ..... __.._..._m ............ ... Recommendations: 2. Provide a copy of the maintenance and monitoring contract in order to determine the surety device amount. Technical Service Notes: Joseph Dersham PLS, Benchmark Surveying, 206 396 3199 July 31, 2015 City to Provide: • Address for all Lots • Names for all Streets • LND number Corrections needed: • Note the City of Renton land use action number and land record number, LUA15 000453 and LND15 XXXX, respectively, on the final plat submittal, all sheets. The type size used for the land record number should be smaller than that used for the land use action number. • Add HOA statement to Dedication such as: Know by all people by these present that we, the undersigned owners in fee simple of the land hereby certify that we have established a homeowner's association in accordance with Washington State Law which identifies each lot of this plat as a member of said homeowner's association recorded under King County recording number ........ • Note the date the existing monuments were visited and what was found, per WAC 332 130 150 • Note any all encroachments and all found comers along perimeter of boundary, if any. • Provide lot closure calculations. • If the abutting properties are platted, note the lot numbers and plat name on the drawing otherwise note them as 'Unplatted'. • Add/revise scaled vicinity map with all roads within'/2 mile of subject property. • Add date blocks to all sheets with date map was prepared or revised. Ran: November 02, 2015 Page 3 of 6 ADVISORY NOTES TO APPLICANT LUM 5-000453 ENG - Final Plat Submittal Review $1 City of , 2 Version 2 1 September 18, 2515 °.I @CI]t11Cal,,78ry1C8& LOIt1171Bt1T$ . t•,ont 0 ;M3cl-43U:.l:3tiy;'�:I3rnaconle(Nlentonwa,t�ou : • Complete curb plug offset table. • Show any easements to be dedicated to Soos Creek Water & Sewer with recording number, if any. • Add PSE easement note for lots 7, 8, 32 34 to sheet 4. • SD easement provision notes: (5) show 10' Private storm drain easement (PSDE), (8) show 10' PSDE, (9) show 10' PSDE — there is a 5' easement indicated now, (10) show 10' PSDE, Change "Then" owners to "The" owners on all notes. • Sewer easement provision notes: Change "Then" owners to "The" owners on all notes. • General Notes: (4) add reference drawing number, (11) add reference study plan number. • Complete and correct address table and lot numbers. • Add new road names. • Add referenced recording number for the 27.6' emergency access easement. • Add % width R 0 W dimension at road end near Lot 23. • Eliminate obscured and lined throu h text on all map sheets. Ran: November 02, 2015 Page 4 of 6 ADVISORY NOTES TO APPLICANT LUM 5-000453 `PQtyof ENG - Final Plat Submittal Review Version 3 1 October 01, 2015 ,1111.. i .................. E. EE.. .. � . F {{ �``..rd` .{{:. _1111.... ..._..e.... ............................................................._................................_.... <......... ...� E.E <..«._ ................ . E..F6..o SfiFE.4....F4FF.E.. F.:kw.,e.k...e..._..ma. - ........ P... 1111 ......................................_...__............ <......... 1111 . --F - s..;E e. » � ,'� . g- -: ,��.cEFE u'F EE(E[€F � .€€? E 1111. .. .. ,. 1111.. Engineering ;aeview,;Comments , Contact ?, attsran a dt t� ml: �� 7382, � kyazdfdgast ren f►w gy 1 842015 Please revise per red lined plans. RESOLVED: Technical Service Notes: Joseph Dersham PLS, Benchmark Surveying, 206 396 3199 July 31, 2015 City to Provide: • Address for all Lots • Names for all Streets • LND number Corrections needed: • Note the City of Renton land use action number and land record number, LUA15 000453 and LND15 XXXX, respectively, on the final plat submittal, all sheets. The type size used for the land record number should be smaller than that used for the land use action number. • Add HOA statement to Dedication such as: Know by all people by these present that we, the undersigned owners in fee simple of the land hereby certify that we have established a homeowner's association in accordance with Washington State Law which identifies each lot of this plat as a member of said homeowner's association recorded under King County recording number ........ • Note the date the existing monuments were visited and what was found, per WAC 332 130 150 • Note any all encroachments and all found comers along perimeter of boundary, if any. • Provide lot closure calculations. • If the abutting properties are platted, note the lot numbers and plat name on the drawing otherwise note them as 'Unplatted'. • Add/revise scaled vicinity map with all roads within 1/2 mile of subject property, • Add date blocks to all sheets with date map was prepared or revised, • Complete curb plug offset table. • Show any easements to be dedicated to Soos Creek Water & Sewer with recording number, if any. • Add PSE easement note for lots 7, 8, 32 34 to sheet 4. • SD easement provision notes: (5) show 10' Private storm drain easement (PSDE), (8) show 10' PSDE, (9) show 10' PSDE — there is a 5' easement indicated now, (10) show 10' PSDE, Change "Then" owners to "The" owners on all notes. • Sewer easement provision notes: Change "Then" owners to "The" owners on all notes. • General Notes: (4) add reference drawing number, (11) add reference study plan number. • Complete and correct address table and lot numbers. • Add new road names. • Add referenced recording number for the 27.6' emergency access easement. • Add Xz width R O W dimension at road end near Lot 23. • Eliminate obscured and lined through text on all map sheets. RESOLVED: 1. Provide a copy of the maintenance and monitoring contracts. A surety device of 125% of those contracts is required for the 5 year maintenance and monitoring plan. This can be received via cash, check or cashier's check. .... .1111..._ ..1...111.._ _ 1.111 .... __ _... Recommendations 1. See redlines on Sheet 2. _ _ w.._�_ 1111_ _ 1111... RESOLVED: 1. Provide a copy of the maintenance and monitoring contracts. A surety device of 125% of those contracts is required for the 5 year maintenance and monitoring plan. This can be received via cash, check or cashier's check. .................__............... __ __..........................._..._...... .................. Recommendations 2 Provide a_copy of the maintenance and monitoring contract in order to determine the surety „device amount. _.................... m...................... __..........__. . RESOLVED: •.,.,.- ---..........__....... . 2. Provide an electronic PDF of the final detailed landscape plan and wetland mitigation plan. ............... — Recommendations 1 See redlines on Sheet 2 —___._- _ ..'RESOLVED:,..~., .. _1.1___11_._ _ ... _._... .. ,11,11 ..... 1,111. 1111__.__............................... 1111. __........m...._.._ _ .__ .......... �_....... .....,.,.,..� Ran: November 02, 2015 Page 5 of 6 ADVISORY NOTES TO APPLICANT cttyot LUA15-000453 $y E ENG - Final Plat Submittal Review Version 3 1 October 01, 2015 2. rrovioe an electronic Nur or the tinal petailea landscape plan and wetland mitigation plan, ....... ...... Recommendations. 2. Provide a copy of the maintenance and monitoring contract in order to determine the surety device amount. RESOLVED: 3. Provide electronic POF's of the Articles of Incorporation and Bylaws of Greenleaf Homeowners Association, Redline comments will follow. Recommendations: 1. See redlines on Sheet 2. __.-... ._1_.__...111..... ........... .................... 1111_..._ 1111. RESOLVED: 3. Provide electronic PDF's of the Articles of Incorporation and Bylaws of Greenleaf Homeowners Association. Redline comments will follow. 1111.. Recommendations 2. Provide a copy of the maintenance and monitoring contract in order to determine the surety device amount. RESOLVED: - 4. Add approved street names to the face of the plat. Recommendations: 1. See redlines on Sheet 2. ..... RESOLVED: ............................................_ _1111 — ___.-._-_-------------._ ............ 4. Add approved street names to the face of the plat. _ ........................... _.._ . -._ _ _ _................._.._ . _ ..... me. _ 1111... _.. m.m..._........_ .......... 1111. Recomndatio_ns: 2. Provide a copy of the maintenance and monitoring contract in order to determine the surety device amount. Ran: November 02, 2015 Page 6 of 6 City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) NAME: SEE ATTACHED ADDRESS: CITY: ZIP. TELEPHONE NUMBER: APPLICANT (if other than owner) NAME: Aron Golden COMPANY (if applicable): Greenleaf -LaRosa, LLC ADDRESS: 846 108th Ave NE Ste 200 CITY: Bellevue, WA ZIP: 98004 TELEPHONE NUMBER: 425-646-4426 CONTACT PERSON NAME: Evan Mann COMPANY (if applicable): ESM Consulting Engineers ADDRESS: 334008 1h Ave S, Suite 205 CITY: Federal Way, WA ZIP. 98003 TELEPHONE NUMBER AND EMAIL ADDRESS: (253)838-6113 evan.mann@esmcivii.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Greenleaf (formerly Panther Lake) Final Plat PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 18655 & 18647106 ' Ave SE KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 322305-9123, -9148, -9273, -9344, 662340-0054 EXISTING LAND USE(S): 2 Single -Family Residences, 3 detached garage/sheds PROPOSED LAND USE(S): 34 new Single -Family Residences EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RSF — Residential Single Family PROPOSED COMPREHENSIVE PLAN MAI' DESIGNATION (if applicable) N/A EXISTING ZONING: R-8 PROPOSED ZONING (if applicable): NIA SITE AREA (in square feet): 345,011 SF SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 53,209 SF SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 8,413 SF PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE if applicable): 5.43 DU/AC NUMBER OF PROPOSED LOTS (if applicable) 34 NUMBER OF NEW DWELLING UNITS (if applicable): 34 C:1UscrsljimblAppDataU-ocaRMicrosoftlWindows\Temporary InternetFileslContent.Outlook\MU7Z3BWNUPanther Lake - Master Application for variance.doc - I - PROJECT INFORMAT NUMBER OF EXISTING DWELLING UNITS (if applicable): 2 Dwelling Units SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): TBD SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): WA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): WA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): WA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N/A ION continued PROJECT VALUE: $1.87M IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq, ft. X SHORELINE STREAMS & LAKES +/- 76 linear feet X WETLANDS 10.582 s4. ft. LEGAL DESCRIPTION OF PROPERTY on separate sheet with the following Information SITUATE IN THE SE QUARTER OF SECTION 32 , TOWNSHIP 23N , RANGE 5E , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON I AFFIDAVIT OF OWNERSHIP I I, (Print Name/s) Aron Golden , declare under penalty of perjury under the laws of the State of Washington that I am (please check one) the current owner of the property involved in this application or X the authorized representative to act for a corporation (please dttach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all resectts true and correct to the best of my knowledge and belief. Signature of Owner/Representative Date Signature of Owner/Re rese STATE OF WASHINGTON } SI"MON L. BRENNAN ) ss NOTARY PUBLIC COUNTY OF KING } STATE OF WASfIN+tGTON f COMMI$" EXPRES 1 certify that I know or have satisfactory evidence that 1 i . ' 4 t E / l OCTOBER 9r 2010 signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. Dated Notary Public in and for the State of Washington Notary (Print); _ L I �� ` I 't <L -f N My appointment expires: C:1UsersljimblAppDatalL,ocallMicrosof[1Windows\Tcmporary Intemet FtleslC'ontenr.OutlookWU7Z3BViWaniher Lake - Master Application for variance.dw - 2 - -CONSULTING ENGINEERS, LLC 161041 June 10, 2015 Job No. 25&044013 Mr, Kamran Yazdidoost City of Renton Planning and Development 1005 South Grady Way Renton, WA 98057 RE: Greenleaf Final Plat Confirmation of Compliance with all Conditions of Preliminary Plat and Administrative Variance/Administrative Critical Areas Exemption Approvals LUA14000190 LUA15-000016 Dear Kamran: We are submitting to the City of Renton an application for the Greenleaf Final Plat. This letter will serve as the Confirmation of Compliance with all Conditions of Preliminary Plat Approval. The project went to a Hearing Examiner for review and also included an administrative minor modification. The first conditions are from the Hearing Examiner's Decision dated July 25, 2014 and include conditions associated with the Determination of Non -Significance Mitigated dated June 23, 2014= There are also conditions related to the Administrative Variance and Administrative Critical Areas Exemption Decisions date March 9, 2015. For simplicity, I have broken this letter into two sections to address the conditions based on the date they were received. I have also copied the original condition in italics and our actions to meet the condition in bold. Conditions from the Hearing Examinees Decision dated July 25, 2014. The proposed preliminary plat as depicted in Exhibit 3, lot line adjustment and Street Modifications are approved subject to the following conditions: 1. The applicant shall comply with the two mitigation measures issued as part of the Determination of Non -Significance Mitigated, dated June 23, 2014. a. Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study prepared by Earth Solutions, NW (dated September 23, 2013). All construction plans have been prepared to the specifications of the Geotechnical Report prepared by Earth Solutions, NW dated September 23, 2013. In addition, all construction that has been, and will be performed complies with the recommendations of the report ESM Federal Way ESM Everett 33" fth Avg S.Ste205 1010 SE Everett Mall Way, Ste 210 Federal Way, WA 99003 Everett, WA 98208 - 2S3.838,6113tel 425.297.9900te! 3'i "� `-�.;•,„ '-` 800.345.5694 tell free 800.345.5694 toll free Mr. Kamran Yazdidoost June 10, 2015 Page 2 b. Project construction shall be required to comply with the mitigation recommendations identified in the submitted Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. (dated January 28, 2014, updated May 15, 2014). All construction pians have been prepared to the specifications of the Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc, dated January 28, 2014, updated May 15, 2014. in addition, all construction that has been, and will be performed complies with the recommendations of the report 2. The applicant shall obtain a demolition permit and all required inspections for the removal of the existing single family residences and detached garages prior to Final Plat recording. All single family residences and associated detached garages were demolished In the fall of 2014 after obtaining the necessary demolition permits. 3. The applicant shall obtain all necessary state and federal authorization for wetland impacts prior to beginning any ground disturbing activities, within the wetlands and their buffers. All necessary approvals and permits have been obtained. Please see attached to this letter the Army Corps of Engineers approval for the wetland filling. 4. A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance. A final detailed landscape plan was prepared, submitted, and approved by the Planning Project Manager with the Construction Plans. This same approved landscape plan has been submitted with this application. 5. The applicant shall submit a Final Mitigation Plan for all construction impacts to the critical areas and their buffers The Final Mitigation Plan shall be submitted to and approved by the Current Planning Project Manager prior to utility construction permit approval. All wetland mitigation, including required fencing and signage shall be installed prior to final plat approval. A Final Mitigation Plan for all construction impacts to critical areas and their buffers was submitted with the Construction Plans. The Final Mitigation Plans were reviewed and approved as part of the Construction Plans. All wetland mitigation Including fencing and signage has been installed. The approved Final Mitigation Plans have been submitted with this application for reference. Mr. Kamran Yazdidoost June 10, 2015 Page 5 98. Side sewer lines shall be installed eight feet (8) into each lot if sanitary sewer mains are available, or provided with the subdivision development Side sewer lines have been installed 8 feet Into each lot as required. 19. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. All utilities have been designed to be placed underground and are installed underground as required. 20. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot Conduit for service connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals andlor vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant shall be responsible only for conduit to serve his development Conduit ends shall be elbowed to final ground elevation and capped The cable TV company shall provide maps and specifications to the applicant and shall inspect the conduit and certify to the City that it is properly installed. All Cable TV conduits have been Installed underground per this requirement. 21. The applicant shall install all street name signs necessary in the subdivision prior to final plat approval. All street name signs have been installed In the subdivision as required. 22. The associated lot line adjustment application (LUA1 4-0009 g0) shall be approved and recorded prior to final plat approval, The associated Lot Line Adjustment was approved and recorded. The recording number for the LLA Is #20140905900012. Conditions from the Administrative Variance and__Gritical Areas Exemption Decision dated March 9._2015: The Administrative Variance and Critical Areas Exemption for Greenleaf, File No. LUA15- 000096, CAE, V-A, is approved and is subject to the following conditions. Mr. Kamran Yazdidoost June 10, 2015 Page 6 1. The project shall comply with all the conditions identified in the Environmental Review Determination and Preliminary Plat Decision (City file LUA14-000190). a. Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study prepared by Earth Solutions, NW (dated September 23, 2013). b. Project construction shall be required to comply with the mitigation recommendations identified in the submitted Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc- (dated nc(dated January 28, 2014, updated May 15, 2014). Answered above in reference to the Environmental Review Determination. 2. The development shall meet the minimum tree retention requirements of the R-8 zone, and shall provide an updated tree retention worksheet identifying compliance with the Final Plat for review and approval by the Current Planning Project Manager. The development meets and exceeds the minimum tree retention requirements of the R-8 zone. An updated tree retention worksheet Identifying compliance with the Final Plat was submitted and approved by the Current Planning Project Manager. 3. The applicant shall receive approval of the Wetland Mitigation Plan prepared by Wetland Resources, inc. (dated January 29, 2014; revised August 12, 2014; Exhibit 10) from the Current Planning Project Manager prior to the tree removal and fill of Wetland E or any temporary construction impacts related to the development of a storm pond and an outlet pipe. The Wetland Mitigation Plan was reviewed and approved by the Current Planning Project Manager as part of the Construction Plan review and process. 4. in order to provide an advanced level of assurance needed for installation, maintenance and monitoring of the proposed Mitigation Plans (as identified in Condition #3), the City of Renton will need a copy of the signed maintenance and monitoring contract by a qualified professional for this work A draft (followed by a final) maintenance and monitoring contract (or contracts) shall be provided for review to the Current Planning Project Manager prior to execution of the contract The draft contract language must ensure compliance with installation and performance standards of Wetland Resources, Inc. mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plant maintenance and replacement The language in the contract must also guarantee that the mitigation measures perform satisfactorily for a period of five (5) years (e.g_ add provisions for plant replacement and weed removal referencing compliance with the survival rates). The contract must include a compliance report within 30 days of the date of the plant installation, quarterly monitoring reports for the first year, and annual reports within the second through fifth years The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to Mr. Kamran Yazdidoost June 10, 2015 Page 7 provide a maintenance surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years The applicant has provided the monitoring contract as required and upon its approval has provided a surety device to guarantee the plants perform satisfactorily for a period of no less than 5 year. 5. At the conclusion of the five (5) year compliance monitoring schedule, the applicant shall provide the Ci" Current Planning Project Manager written verification (from a qualified wetland biologist) of completion of the planting and restoration plans. Written verification will be provided as required after the 5 year compliance monitoring. The written verification process has been established In the contract with our biologist and upon completion of monitoring the biologist will send the necessary documentation. We feel that the applicant has complied with the conditions as set forth by the Hearing Examiner and the Environmental Review Committee. Based on the completion of the site development and necessary Improvements along with any performance guarantees that may be required, we request that you approve the nnal Planned Urban development Should you have any questions, or require additional information please contact me directly. We look forward to working with you. Sincerely, ESM CONSULTING ENGINEERS, LLC EV MANN Project Planner Enclosures cc: Jim Berger; Aron Golden llesnOengrle3miobsl258M"4 0131offloelfinal platlgnwnleaf confkmatbn of compliance.doc W DENSITY WORKSHEET City of Renton Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax, 425-430-7231 1. Gross area of property: 1. 345,011 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements** Critical Areas* Total excluded area: 3. Subtract line 2 from line 1 for net area: 4. Divide line 3 by 43,560 for net acreage 5. Number of dwelling units or lots planned 6. Divide line 5 by line 4 for net density: 53,209 square feet 8.413 square feet 10,582 square feet 2. 72,204 square feet 3. 272,807 T_square feet 4. 6.26 acres 5. 34 units/lots 6. 5.43 = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. 11Esm81engr\ESM-JOBSa58\044\0131documentldemity.doc - 1 - 03108 PLANNING DIVISION ENVIRONMENTAL CHECKLIST City of Renton Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. . 1 - 06/w \ EsmaYsngrlESM-JOBSZB%04 Zl3Wocument%SEPA Chedd4t5_14.doc A. BACKGROUND 1. Name of proposed project, if applicable: Panther Lake Preliminary Plat 2. Name of applicant: Conner Homes Group, LLC 3. Address and phone number of applicant and contact person: Applicant: Rob Risinger, Conner Homes Group, LLC 846108th Ave NE Ste 200 Bellevue WA 98004 {425} 646-4435 4. Date checklist prepared: January 28, 2014 5. Agency requesting checklist: City of Renton 6. Proposed timing or schedule (including phasing, if applicable): It is anticipated that the project will take approximately 4 months to obtain approval for the preliminary plat. Upon approval, construction will begin in the summer of 2014 and be completed in a single phase. After final plat approval construction of homes will likely begin in 2015. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None at this time. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Wetland & Stream Delineation Study: Sewall Wetland Consulting prepared 01/29113 Geotechnical Engineering Report: Earth Solutions NW, LLC prepared 09/23/13 Preliminary Storm Drainage Report: ESM Consulting Engineers prepared 01/29/13 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None are known at this time. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Preliminary Plat Approval, SEPA Approval, Lot Line Adjustment, Clearing and Grading Permit, Site Development/Road and Storm Drainage Approval, Final Plat, Building Permits. - x 06109 AEsm81engr4E5M-JOB512M%044W13WocumenWEPA 0hKW1st8 14.4oc 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The proposal is to subdivide 7 parcels made up of 7.92 acres into 34 lots for single family homes. The site is located in the City of Renton at 18655,18647,18819, & 18825 19 ' Ave SE. The property Is zoned R-8 and currently has 2 existing homes on site. Both of the existing homes and their accessory structures will be removed as part of this proposal. The two homes on parcels 6623400054 & 6623400053 will be retained and it is proposed that they will be removed from the plat through a boundary line adjustment prior to preliminary plat approval. As such, they have not been considered part of this proposal. The minimum average lot size proposed will be approximately 4,500 SF. All utilities will be extended through the site to serve the homes. These include water, sewer, power, natural gas, and telephone. Access to the site will be provided via a new road extending west from 108th Ave SE into the property and then south to a cul-de-sac. A secondary access road just south of the primary access road Is proposed to connect to 1081h Ave SE. The proposed right of way will be 47 feet wide and will be classified as a residential access. Stormwater will be collected and conveyed to a storm detention vault In the southwest corner of the property where it will be treated for water quality and released to match the existing drainage patterns. A small amount of stormwater for the shared access easement in the northwest corner will be collected and released to the northwest and not into the proposed stormwater pond. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The subject property is located In the City of Renton In King County. It can be found In the SE % Section 32, Township 23 North, Range 5 East W.M. The site Is on the west side of 108th Ave SE approximately 1,000 feet north of the intersection with SE 192nd Street. it has approximately 222 linear feet of frontage along loath AVE SE. Please refer to the Assessors Map, Site Plans, and Vicinity Map on the site plans. B. ENVIRONMENTAL ELEMENTS EARTH General description of the site (circle one); flat, rolling hilly, eep slopes mountainous, other The site slopes to the west with some undulations then on the very western edge of the property it drops significantly down to Panther Creek. Please see the existing conditions drawing submitted with the preliminary plat. -3- NEsfnoWVilESM-JOBS126BZ441d1316ocumenASEPA Checkllst5_14.doc 06109 b. c_ 9 e. f. 9. What is the steepest slope on the site (approximate percent slope?) The steepest slope on the developable portion of the property is approximately 15%. There are steeper slopes off-site along the western boundary of the property that exceed 20% but they are not going to be impacted what general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland, The USDA Natural Resources Conservation Service geologic map of the area identifies the soil type as Alderwood Gravelly Sandy Loam 6-15% slopes (AgC) throughout the site and surrounding area. Based on the results of the subsurface investigation, the native soils observed at the test pit locations are generally consistent. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. During slope reconnaissance, a gullet' aligned perpendicular to Panther Creek was observed adjacent to the northwest corner of the site, as well as a shallow head scarp approximately six to eight feet in height west of the property margins indicating minor surficial instability. In general, based on the slope reconnaissance, stability of the slope areas can be characterized as moderate. The off-site natural slope adjacent to the western margins of the site is not mapped as a landslide hazard by the City of Renton GIS data, however, based on a greater than 40 percent slope condition it is considered a high landslide hazard by the City of Renton Critical Areas Regulations. However, as the slope Is underlain by glacial till, the overall global stability of the slope areas can be characterized as moderate. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. The purpose of proposed grading/filling will be to accommodate the home pads and access road. Final filling or grading quantities will be prepared as part of the clearing and grading permit. However, it is anticipated that filling/grading will be approximately as follows: Stripping = 10,100 CY, Cut = 18,200 CY, Fill = 22,000 CY. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Some erosion could occur on-site as a result of construction activities; however, temporary erosion and sedimentation control measures to be approved by the City of Renton will be employed during construction to reduce erosion impacts. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? - 4 - 08109 11Psm81engAESM-JOBSUBBV0441013WOcumentlSEPA Gheckllst5_14.doc The site will not exceed the maximum impervious surface coverage as allowed by the Renton Municipal Code. The final impervious surface area proposed will be determined during final engineering. Currently it is estimated that approximately 75% of the site will be covered in impervious surfaces. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: During construction, the contractor will follow an approved temporary erosion and sedimentation control pian meeting City of Renton standards. Typical measures, which may be employed, include the use of slit fences, straw bales, and temporary storm drainage features. Hydroseeding exposed soils and cleared areas after construction will also reduce the potential for erosion. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Some heavy machinery exhaust and dust particulates generated primarily by construction equipment will be produced during the construction phase of this project. The amount of emissions to the air will be minimal and will occur during the actual construction of the development. After construction any emissions would be that of a typical residential development. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. None known. C. Proposed measures to reduce or control emissions or other impacts to air, if any: All construction equipment will be in proper working order and regulated for emissions by the manufacturer and local emission laws. Vehicles entering and leaving the site will also be regulated for emissions by state and local emission laws. During construction the site will be watered as necessary to keep any dust from Impacting surrounding air duality. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There are two streams adjacent to the site and several wetlands on the site. They are listed as follows: Wetland A — is a 7,744sf, slope type emergent wetland flagged with flags A1 - A11. This wetiand is a disturbed wetland in an old pasture and appears to have -5- lWsmBlangrlESM-JOBS 2MT44M31documenfZEPA Checklist5_14,doc 06149 disturbed soils from past plowing and grading. This wetland Is dominated by a mix of reed canary grass, soft rush, creeping butter cup and blackberry. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3- 050.M.1, Wetland A would be best classified as Category 3 wetland. Typically, Category 3 wetlands have a 25' buffer measured from the wetland edge. This wetland will be enhanced to mitigate the removal of wetlands B, C, and E. Wetland B -- Is a 1,198 SF Category 3 wetland and is found in the southwestern corner of the property. it is considered an emergent wetland and appears to have evolved in disturbed soils and is dominated by low plant species consisting of Invasive plants. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. Some work is proposed within the buffer of wetland B, but the wetland itself will not be affected. Wetland C — Is a 274 SF Category 3 wetland and is found in the southwestern corner of the property. It is considered an emergent wetland and appears to have evolved in disturbed soils and is dominated by low plant species consisting of Invasive plants. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. Some work is proposed within the buffer of wetland C, but the wetland itself will not be affected. Wetland D — Is a 370 SF Category 3 wetland and is found along the southern boundary of the property. It is considered an emergent wetland and appears to have evolved in disturbed soils and is dominated by low plant species consisting of Invasive plants. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland 8 would be best classified as a Category 3 wetland. This wetland is offsite to the east and the buffer extends on the proposed plat. No work will take place within the buffer of wetland D. Wetland E — Is a 996 SF Category 3 wetland and is found in the northwestern corner of the property. It is considered an emergent wetland and appears to have evolved in disturbed soils and is dominated by low plant species consisting of invasive plants. This wetland is highly altered and appears to be totally supported by artificial water sources including a roof drain from a home and garage, a gray water drain from the home and a drain the from a previous water line construction just upslope of the wetland. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. This wetland will be removed and filled as part of this proposal. Panther Creek - This Class 2 Stream is situated off-site to the west and parallels the western boundary of the property. Panther creek Is located In a steep sided ravine and is relatively undisturbed with good forested buffer areas. Panther Creek is classified as a Class 2 water on the City Inventory. Class 2 waters typically have a 100' buffer measured from the ordinary high water mark. As this creek is off-site we are not able to survey the ordinary high water mark. However, we have used the available public data to show an approximate location of the creek and have generated an approximate 100` buffer as shown on the site plan. No work will take place in Panther Creek. There will be a storm line that extends into the buffer In the southwest corner of the site. This intrusion into the buffer will be mitigated. .6- a6/09 11EemalengrlESM-lOBSUSB1G"4 013WommwtSEPA CheddisI5_14.doc Stream A — Is a small tributary stream that flows Into Panther Creek from Wetland D. This small intermittent stream is located along the south side of the site. This stream is a narrow mud bottom channel that appears to carry primarily runoff from the streets to the east of the site. This stream is classified as a Class 4 water in the City Stream Inventory. Typically Class 4 waters have a 35' buffer measured from the Ordinary High Water Mark. There are no proposed impacts to this stream or the buffer. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes. Work will be required within 200 feet of the above listed waters. General grading and home construction will take place adjacent to the streams and wetlands. Several of the wetlands will be filled and mitigated for. Due to the topography of the site, the stormwater facility must be located on the west side of the property and is proposed in the southwest corner. This will Impact the buffers of Wetlands B & C, though the wetlands themselves will not be disturbed. We are also proposing to fill Wetland E which appears to hydrologically supported primarily by artificial water sources. This will result In a total of 996sf of Category 3 wetland fill. There will be a storm drainage pipe that will extend into the Panther Creek buffer from the storm pond. Please see the mitigation plan prepared by Sewall Wetland Consulting. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Wetland E will be filled and mitigated. Wetlands B and C will have their buffers Impacted, but no impacts are proposed to the Wetlands themselves. Wetlands A and D will be buffered with no proposed impacts. The approximated buffer for Panther Creek falls entirely within Tract D which Is being set aside for open space and sensitive areas. Stream 8 will be buffered with no impacts. Fill quantities have not yet been established for the wetlands but the source of fill material will be from other areas on the site. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No the proposal will not require surface water withdrawals or diversions. 5) Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water: -7- 1Zsm$4gMriESU-JOBSV58+044M31documenhSEPA Checklfat5_14.doc 46149 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No ground water will be withdrawn nor will water be discharged to ground water. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Not applicable. No on-site septic or treatment Is proposed. C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. On-site stormwater runoff will primarily be generated from rooftops, driveways, and the proposed road. Stormwater will be collected, routed through required storm water quality treatment and detention facilities and discharged to Panther Creek to the west. The proposal includes the use of a large water quality and detention pond where the water will be treated, detained, and released at pre -developed rates. Please see the Preliminary Utility Plan and Downstream Analysis. 2) Could waste material enter ground or surface waters? If so, generally describe. No waste materials are anticipated to enter ground or surface waters. The proposed site stormwater drainage design will ensure that all water pollution generating Impervious surfaces will be treated in water quality facilities prior to its release. Best Management Practices will be used throughout the construction of the proposal to ensure protection of ground water quality. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: The storm water runoff will be collected and conveyed to the proposed detention pond in conformance with the City of Renton standards. Please see the Preliminary Storm Drainage Report and Preliminary Utility Plan prepared by ESM Consulting Engineers. 4. PLANTS a. Check or circle types of vegetation found on the site: _X_ deciduous tree: alder, maple, aspen, other Xevergreen tree: fir, cedar, pine, other shrubs _X_ grass pasture .8. 06109 %\Esm6lengrlESM-JOBS125B1o441013Woc{mienHSEPA Checklist5_14.doc crop or grain wet soil plants: cattail, buttercup, bulirush, skunk cabbage, other water plants. water lily, eel grass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? The properties are covered in grass and trees with the majority of the trees being situated along the western boundary of the properties. The species of trees vary and include. Douglas Fir, Maple, Cedar and several other species of trees in smaller numbers. There are 190 trees that are 6" DBH on the property. 45 of those trees are in public streets, private access tracts, and critical areas and will be excluded from the tree retention calculations. Of the remaining 145 trees we are required to retain 44 trees or provide replacement trees as necessary. This project proposes to retain 24 trees and will be required to replace the shortfall with a minimum of 120 trees that are 2" at DBH. Currently the landscape plan proposes that 134 trees will be planted along the streets, In the storm tract perimeter, in the recreation tract, and on the lots. All trees that are proposed to be retained will be fenced and signed "to be retained" during construction as required by the City of Renton. Where feasible, efforts were made to retain trees of value and in aesthetic areas. C. List threatened or endangered species known to be on or near the site. None present. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Street trees will be planted at regular intervals along the proposed road within the plat and along the frontage. Additional trees may be provided on individual lots as necessary. 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, ongbir s other Mammals: deer, bear, elk, beau r, other Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. None known. C. Is the site part of a migration route? If so, explain This entire region is known to be part of the Pacific Flyway. The Pacific Flyway includes Alaska and the Aleutian Islands and the Rocky Mountain and Pacific coast regions of Canada, the United States and Mexico, south to where it becomes blended with other flyways in Central and South America. However, the site is not known to be used by migratory fowl. -9- 06109 1�Esm8leng6ESWJOUSV56%044M 3WDcumentSEPA ChKM1s%14.doc Proposed measures to preserve or enhance wildlife, if any: Installation of native landscaping will provide coverage and habitat for urban tolerant wildlife. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electrical energy will be the primary source of power serving the needs of the project and natural gas will be made available for the purpose of heating and other needs associated with the residential development. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: The homes that will be constructed as a result of this project will meet or exceed the applicable energy conservation consumption requirements of the City of Renton and the Uniform Building Code in effect at the time of construction. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. 1) Describe special emergency services that might be required. None anticipated. 2) Proposed measures to reduce or control environmental health hazards, if any: State regulations regarding safety and the handling of hazardous materials will be followed during the construction process. Equipment refueling areas would be located in areas where a spill could be quickly contained and where the risk of hazardous materials entering surface water Is minimized. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? -10- 06109 \Esm8%ngrlESM-JOBSU58�0441013Wocument%SEPA Cheoklist5_14.doc The primary noise source near the project site is from vehicular traffic on 148'h Ave SE. The traffic noise along this roadway is not project related or generated, and is not anticipated to greatly affect the proposed project. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? indicate what hours noise would come from the site. Short-term impacts would result from the use of construction equipment during site development. Construction would occur during permitted construction hours and always in compliance with the City of Renton noise regulations. Long-term impacts would be those associated with the increase in vehicular traffic from future home owners and typical residential noise. 3) Proposed measures to reduce or control noise impacts, if any: Construction activity will be limited to permitted construction hours and construction equipment will not be allowed to idle for continuous periods of time, which will help to mitigate the impacts of potential construction noise. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The current uses of the site and adjacent properties are as follows: SITE: Large Lot Single Family Homes, Vacant Land NORTH: Large Lot Single Family Residential SOUTH: Single Family Residential EAST: 108th Ave SE/511 515, Single Family Residential WEST: Panther Creek, Single Family Residential b. Has the site been used for agriculture? If so, describe. No. C. Describe any structures on the site. Parcel 3223059273 There is a single family home on this parcel- The home is a 4 bedroom home that was built in 1971 and Is approximately 2,500 SF. it Is considered to be in average condition. It is served by a gravel driveway. Parcel 3223059123 There is a single family home and two detached garages on this parcel. The home is a 4 bedroom home that was built in 1958 and is approximately 2,750 SF. it is considered to be in low -average condition. it Is also served by a dirt/gravel drive. The detached garages are each approximately 1,200 SF and in general disrepair. The homes on parcels 6623400050 & 6623400053 will be retained and it is proposed that they will be removed from the plat through a boundary line adjustment prior to preliminary plat approval. As such they are not considered part of the project. - 11 - 06109 11EsmO4ongAESM-JOaSl258V0441013WoaumenilSEPA Checklisl5_14ADc d. Will any structures be demolished? if so, what? All structures will be removed within the plat boundary. e. What is the current zoning classification of the site? R-8 (Residential Single -Family) f. What is the current comprehensive plan designation of the site? Residential Single -Family g. if applicable, what is the current shoreline master program designation of the site? Not Applicable. h. Has any part of the site been classified as an "environmentally sensitive" area? If s0, specify. There are wetlands and streams on and adjacent to the site. Please see the Wetland and Stream report prepared by Ed Sewall consultants. Approximately how many people would reside or work in the completed project? Using the multiplier of 2.54 people per dwelling unit; approximately 86 people will reside in this plat upon completion. j. Approximately how many people would the completed project displace? It is estimated that approximately 10 people will be displaced. k. Proposed measures to avoid or reduce displacement impacts, if any; None proposed. The owners of the homes will be selling their property and will move of their own free will. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project will be developed in accordance with applicable City of Renton development and land use codes to ensure the project Is consistent with the goals and policies of the Comprehensive Plan and applicable Development Regulations in effect at the time of the Preliminary Plat application. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 34 new units will be provided and they will be of mid to high income housing. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. -12- o6109 1\EsmalaVAESM-JOBSW)044Wl31documenk\SEPA Checklist5_14.doc 2 middle income homes will be eliminated. C. Proposed measures to reduce or control housing impacts, if any: None proposed. 10. AESTHETICS a. What is the tallest height of any proposed structures), not including antennas; what is the principal exterior building material(s) proposed. The maximum building height will be 30' as prescribed in the Renton Municipal Code. b. What views in the immediate vicinity would be altered or obstructed? None. C. Proposed measures to reduce or control aesthetic impacts, if any: A full landscape plan has been submitted with this proposal. The landscape proposed should help to mitigate visual impacts. All homes will be subject to City of Renton Design Standards for aesthetic appeal. 11. LIGHT AND GLARE What type of light or glare will the proposal produce? What time of day would it mainly occur? Light and glare produced from this project will be typical of a residential development in an urban environment. Light and glare from the site would primarily consist of street lighting, security lighting for each home, and vehicle headlights entering and leaving the property. Could light or glare from the finished project be a safety hazard or interfere with views? No. C. What existing off-site sources of light or glare may affect your proposal? None. Proposed measures to reduce or control light and glare impacts, if any: Providing the required setbacks of the proposed homes from the property lines and installation of landscaping will help to alleviate some of the light and glare created by the new development from the adjacent properties and roadways. The proposed project and subsequent lighting is consistent with the land use regulations and compatible to the existing adjacent land uses. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? -13- 06109 11EsrnBWngr%ESM-JOB512 =44W12MocumenhSEPA Gheckl'st5_14.doc There are no designated or informal recreation opportunities on the site but here are several parks in the relatively near vicinity. b. Would the proposed project displace any existing recreational uses? If so, describe. No. C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None proposed. The size and scope of this project are very limited and will not require on-site recreation space be provided. Parks and services in the near vicinity will provide recreation opportunities as necessary for the new residents. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. None known. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Not applicable. C. Proposed measures to reduce or control impacts, if any: None proposed. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The proposed road to serve this plat will take access from II)e Ave SE. Please see site plan for details. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? King County Metro Route 169 stops near the site. The nearest stop is within a X mile. C. How many parking spaces would the completed project have? How many would the project eliminate? The new project will provide a minimum of 2 parking spaces per unit and will be eliminating approximately 4 spaces. Total net parking to be added is approximately 68 spaces. - 1 A - 06109 1tiEsm8lengr)ESM-J0B512581044W13Wocumentl5EPA ChKW19t,5 14_dac d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? The proposal includes the construction of a new road to serve this plat. The new right-of-way will be 47 feet wide. The road enters westward onto the sight from 108th Ave SE and mends down to the south. A secondary access then extends east back out to 108th Ave SE. Please see the Prellminary Road and Utility Plan. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. It is anticipated that when the project is completed there will be approximately 34D ADTe. As there are 2 existing homes already on the property then the total net Increase will be 320 ADT. g. Proposed measures to reduce or control transportation impacts, if any: No special measures are proposed. The applicant will pay all traffic impact fees as required by the City of Renton at the time of building permit. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The plat would result in an increased need for public services to include fire protection, police protection, health care, and schools. The additional need would be commensurate with the addition of 34 homes to the service areas for the listed services. b. Proposed measures to reduce or control direct impacts on public services, if any. This increase in demand will be offset by fees, levies, and taxes required to be paid by the applicant as part of this development and future home owners. Also the proposal has been designed in a manner that will provide adequate access for fire, medic, and police vehicles. 16. UTILITIES a. Circle utilities currently available at the site: elec icity, na gas, wa re use ervice, tee ne, sani sewer, sep system, of er. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Sewer: Soos Creek Water and Sewer District -15- 06169 11Esm6leiV(\ESM-Jo9SV561 "WI3\documenMEPA Check11W5_14.doc Water: Soos Creek Water and Sewer District Power: Puget Sound Energy Gas: Puget Sound Energy Telephone: Century Link Fire: City of Renton School: Renton School District #403 Sewer and water will be extended through the site to serve the lots. Construction will be coordinated with the City of Renton and Soos Creek Water and Sewer District. Natural Gas and Electricity will be extended by Puget Sound Energy and they typically manage their own construction projects. C. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation 1 lack of full disclosure on my part. Proponent Signature: Name Printed: py_r ( `r -c- r, -;,.nn ef ' Date: -16- 11EsmSlengf%ESU-JOBS125B16440131document%SEPA Chack4815_14.doc 06/09 ARTICLES OF INCORPORATION OF GREENLEAF HOMEOWNERS ASSOCIATION The undersigned incorporator of a corporation under the provisions of the Washington Non -Profit Corporation Act (Revised Code of Washington 24.03), adopts the following articles of incorporation: Article I. The name of the corporation shall be GREENLEAF HOMEOWNERS ASSOCIATION. Article 11. The period of duration of the corporation shall be perpetual. Article III. The purposes for which this corporation is organized are to provide for the maintenance and preservation of the common areas of the residential subdivision in the City of Renton in King County, Washington, known as Greenleaf and to promote the welfare and interests of the residents of Greenleaf as defined by the Declaration Of Covenants, Conditions And Restrictions For Greenleaf Homeowners Association to be recorded in King County, Washington by administering and enforcing the protective covenants governing the use of the property in the development, approving plans for improvements of lots in the development in accordance with the protective covenants, engaging in civic improvements and development activities, acquiring, owning, improving, managing, repairing, maintaining and operating real and personal property for the benefit of its members, and to do such things as may be necessary and convenient to accomplish all such purposes. Article IV. Internal Regulations Section 1. Lots. As used in these Articles, Lot or Lots shall refer to Lots which are described in the Declaration of Covenants, Conditions and Restrictions "(Declaration") for - Greenleaf to be recorded in King County. Section 2. Memberships. Every person or entity who is an Owner of a Lot shall be a member of the Association. There shall be a one membership in this corporation for each Lot and no more memberships. Membership shall transfer and terminate with transfers and termination of Lot ownership without further action on the part of this corporation or its members. Membership shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Lot to which it relates. Membership shall not be separated from ownership of the Lot to which it relates; provided, however, that any Owner may delegate his or her rights of membership in the Association, other than the right to vote, and rights of enjoyment Greenleal'Articles - Draft Ldocx in the Common Areas to the members of his or her family occupying a Lot or to his or her tenants occupying a Lot. The terms "Owner' and "Member" are synonymous. The right to vote may be exercised only by the Owner. Section 3. Assessments. Each Lot and its Owner(s) shall be subject to assessment in an amount determined by the directors for administrative costs of the corporation and for maintaining, repairing, improving, reconstructing, replacing, and regulating any property which the corporation may acquire. The assessments shall be equally applied against each Lot except as specifically provided in the Bylaws and/or Declaration. The members who jointly hold own a Lot shall be jointly and severally liable for assessments against the Lot. Section 4. Voting. Each Owner shall be entitled to exercise one vote per Lot on each matter presented to the membership for consideration. There shall be no cumulative voting. A party which owns more than one Lot shall have one vote for each Lot it owns. Where two or more persons own a Lot jointly, they shall determine among themselves how to cast the vote of that membership. In the event of a disagreement between joint owners of a Lot on how to cast a vote, no vote shall be permitted for that Lot. The procedures for voting are set forth in the Bylaws. Section 5. Term of Initial Board. The members of the initial Board of Directors shall serve for an initial term until 95% of the lots defined in Article IV have had single family residences constructed thereon and have been occupied as residences, or until December 31, of the fifth year after recording of the Declaration, whichever first occurs, provided the initial Board may, in its discretion, reduce the tern of the initial Board members. Any vacancy occurring in the initial Board of Directors, regardless of the cause therefore, shall be filled by the action of the remaining Directors on the Board. Section 6. Election of Directors. Upon the expiration of the initial term of the initial Board of Directors, three Directors shall be elected by the membership in accordance with the Bylaws. Section 7. Qualifications of Directors. After the term of the initial Board of Directors ends, no person shall be qualified to be elected as Director of this corporation or to continue to hold office as Director of this corporation unless such person is a member of this corporation, except that the employee of a corporation which is a member or is a partner of a partnership which is a member and the employee of a partnership which is a member shall be qualified to serve as Director of this corporation. Section S. Reserves. As determined by its Directors from time to time, this corporation may establish and maintain reasonable reserves for maintenance and replacement of its property. Section 9. Amendment. This Article IV shall not be amended without the unanimous consent of all memberships entitled to vote, except after the initial term of the initial Board of Directors expires, the number of Directors and their terms of office may be amended by a majority vote of the membership. 2 Greenleaf Articles - Draft I.docx Article V. The address of the initial Registered Office of the corporation shall be 846 108a` Ave NE Bellevue, WA 98004. The name of the initial registered agent of the corporation at such address shall be Charles Conner. Article VI. The names and addresses of the persons who are to serve as the initial directors of the corporation are as follows: Anthony Ruiz, 846 108'' Ave NE #200, Bellevue, WA 98004 Alan Boaker, 846 108t' Ave NE #200, Bellevue, WA 98004 Dalton Smith, 846 108'h Ave NE #200, Bellevue, WA 98004 Article VII. 1. Limitation of Liability of a Director. Except to the extent otherwise required by applicable law (as it exists on the date of the adoption of these articles or may be amended from time to time), no present or future Director of the corporation shall be personally liable to the corporation or its members, if any, for monetary damages for any conduct as a Director occurring after the date of the adoption of these articles. No amendment to or repeal of this section shall adversely affect any right of protection of a Director of the corporation with respect to any acts or omissions of such Director occurring after the date of the adoption of these articles and prior to such amendment or repeal of this section. Provided, that this provision shall not eliminate or limit the liability of a Director for acts or omissions that involve intentional conduct by the Director or for any transaction from which the Director will personally receive a benefit in money, property, or services to which the Director is not legally entitled. 2. Indemnification of Directors and Officers. The corporation shall indemnify any Director (as that term is defined in RCW 2313.08.500, as presently in effect and as hereafter amended) or officer of the corporation, who is involved in any capacity in a proceeding (as defined in RCW 2313.08.500, as presently in effect and as hereafter amended) by reason of the position held by such person or entity in the corporation, to the full extent allowed by applicable law, as presently in effect and as hereafter amended. However, this indemnification shall not apply to any action by or on behalf of the corporation against a Director in which action the Director has been adjudged guilty of any breach of duty toward the corporation. Provided, that the corporation shall only indemnify a Director or officer seeking indemnification in connection with a proceeding (or a part of a proceeding) initiated by such person if such proceeding or part of a proceeding was authorized by the Board of Directors or if such proceeding or part of a proceeding was brought by a Director or officer to enforce a claim for indemnification under this section and a court or an arbitrator determines that the Director or officer is entitled to all of the relief claimed. 3 Greenleaf Anic3cs - Draft l.dcxx 3. Indemnification of Employees and Agents. By means of a resolution or of a contract specifically approved by the Board of Directors, the corporation may indemnify an employee or agent to such degree as the Board of Directors determines to be reasonable, appropriate, and consistent with applicable law and to be in the best interests of the corporation. 4. Notice. Any indemnification of a director in accordance with this Article shall be reported to the Board of Directors (and to the members if any to the extent required by applicable law) in a written report describing the proceeding and the nature and extent of such indemnification. 5. Advances. Reasonable expenses incurred by a Director or officer, who is involved in any capacity in a proceeding (as defined in RCW 23B.08.500, as presently in effect and as hereafter amended) by reason of the position held by such person or entity in the corporation, shall be advanced by the corporation to the full extent allowed by applicable law, as presently in effect and as hereafter amended; provided that the Director or officer shall first promise in a writing delivered to the corporation to repay all amounts advanced by the corporation in the event that it is later determined that such Director or officer is not entitled to be so indemnified. Reasonable expenses incurred by an employee or agent who is involved in any capacity in a proceeding (as defined in RCW 23B.08.500, as presently in effect and as hereafter amended) by reason of the position held by such person or entity in the corporation may be, but is not required to be, advanced by the corporation prior to the final disposition of such proceeding to the full extent allowed by applicable law, as presently in effect and as hereafter amended; provided, however, that the corporation shall not advance any such funds unless the employee or agent promises in a writing delivered to the corporation to repay all amounts advanced by the corporation in the event that it is later determined that such employee or agent is not entitled to be so indemnified. G. Insurance. The corporation may purchase and maintain insurance on behalf of any person who is a Director, officer, employee, or agent of the corporation or is serving at the request or consent of the corporation as an officer, employee, or agent of another corporation, partnership, joint venture, trust, other enterprise, or employee benefit plan against any liability incurred by such person because of such person's status, whether or not the corporation would have the power to indemnify such person against such liability under the provisions of this article. In addition, the corporation may enter into contracts with any Director or officer of the corporation in furtherance of the provisions of this article and may create a trust fund, grant a security interest, or use other means (including without limitation a letter of credit) to ensure the payment of such amounts as may be necessary or desirable to effect the indemnification and advances contemplated in this article. 7. Designation of Counsel. The Board of Directors of the corporation shall have the right to designate the counsel who shall defend any person or entity who may be entitled to indemnification, to approve any settlement, and to approve in advance any expense. 4 Clreenled"Anicles - Draft l.df)cx 8. Consistency with Applicable Law; Survival of Benefits. The right to indemnification and limitation of liability conferred by this Article shall be interpreted to conform with, and shall not create any right that is inconsistent with applicable law, as presently in effect and as hereafter amended. To the full extent allowed by applicable law (as presently in effect and as hereafter amended), the right to indemnification and limitation of liability conferred by this article shall continue as to a person who has ceased to be a Director and shall inure to the benefit of the heirs, executors, and administrators of such a person. 9. Nonexclusivity of Rights. The rights conferred in this article shall not be exclusive of any other rights which any person may have or acquire under any applicable law (as presently in effect and as hereafter amended), the articles of incorporation, the bylaws of the corporation, a vote of the Board of Directors or the members of the corporation, or otherwise. Article VIII. The name and address of the incorporator of the corporation is as follows: Greenleaf -LaRosa, LLC 846 - 108th Avenue NE, Suite 200 Bellevue, WA 98004 Article IX. Upon the dissolution of the corporation, the net assets of the corporation shall be distributed among persons and parties holding its memberships in proportion to the number of votes held by the respective memberships. IN WITNESS WHEREOF, the incorporator has hereunto set his hand and seal this 11 th day of June, 2013. GREENLEAF-LAROSA, LLC. ANTHONY J. Ruiz, MANAGING MEMBER 5 Greenleaf Articles - lk<iR ].dnc.x CONSENT To APPDINTMENT AS REGISTERED AGENT: I, Anthony J. Ruiz, hereby consent to serve as Registered Agent in the State of Washington for the above-named corporation. I understand it will be my responsibility to accept Service of Process on behalf of the corporation; to forward mail to the corporation; and to immediately notify the Office of the Secretary of State if I resign or change Registered Office Address. Date Anthony J. Ruiz 846 1080'Ave NE #200 Bellevue, WA 98004 Address of Registered Agent 6 Gicenleal'Articles - Draft l.docx BYLAWS OF GREENLEAF HOMEOWNERS ASSOCIATION ARTICLE I PURPOSES SECTION 1. These Bylaws are adopted for the administration of the Association and property described in that certain Declaration of Protective Covenants, Conditions and Restrictions (the "Declaration") recorded on 2015, under King County Recorder's No. , together with such other property as may, from time to time, be made subject to said Declaration. SECTION 2. The terms used in these Bylaws shall have the same meaning as in the Declaration, unless otherwise indicated. SECTION 3. The initial office of the Association shall be located at 846 108TH Ave NE, Bellevue, WA 98004. 425.455.9280 ARTICLE II MEMBERSHIP Membership of the Association shall consist of and be limited to the initial members and such others as are record owners of a fee interest in any lot within Greenleaf Homeowners Association, ("Greenleaf"), as recorded under King County Recorder's No. , in King County, Washington, together with any subsequent phases of said development as may, from time to time, be made subject to the Declaration; PROVIDED that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member. "Members" shall mean owners or contract purchasers of the building lots within "GREENLEAF", and shall be subject to the Articles of Incorporation and Bylaws of the Association and shall pay assessments/fines to the Association as provided in their contracts, deeds, Protective Covenants, these Bylaws and/or the Articles of Incorporation. By-Laws/Greenleaf Homeowners Association -I ARTICLE III DIRECTORS AND OFFICERS SECTION 1. Power of the Association shall be vested in a Board of Directors. The number of directors who shall manage the affairs of the Association shall be not more than nine or less than three. At any meeting or special meeting called therefor the Members may increase or decrease the number of directors to any number not more than nine or less than three. All directors must be a Member as defined in Article II, or a designated representative of a Member. SECTION 2. Directors shall be elected to serve for two years, or until their successors are elected and duly qualified; provided, the first Board of Directors following transfer of management by the Developer shall be elected by the Members for staggered terms (i.e., at least two directors will be elected for one-year terms) so as to assure continuity of management from year to year). Thereafter, directors shall be elected by the Members at the annual meeting. SECTION 3. At the first meeting of the Board of Directors, they shall elect a president, vice-president, secretary and treasurer. The Board may also at any time appoint an executive secretary and/or assistant secretary and/or assistant treasurer. Officers of the Association so elected shall hold office for the term of one year and until their successors are qualified. Any officer may be suspended or removed by a majority vote of all of the directors. Thereafter, officers shall be elected by the Board of Directors at the annual meeting. SECTION 4. No director or officer shall receive any salary or compensation from the Association. SECTION 5. The Board of Directors may fill vacancies in its membership of the unexpired portion of any term by appointment by a majority of the remaining directors. The person so appointed shall hold office until the next regular meeting of the Members of the Association, at which annual or adjourned annual meeting the vacancies for the remainder of the original terms, if any, shall be filled by election by the Members in the regular manner. SECTION 6. The Members by a majority vote of the voting power in the Association present, in person or by proxy, and entitled to vote at any meeting of the Members at which a quorum is present, may remove any member of the Board of Directors with or without cause. Sy-Laws/Greenleaf Homeowners Association - 2 ARTICLE IV MEETINGS SECTION 1. Annual meetings of the Members of the Association shall be held at the principal place of business of the Association or at such other place as the Board of Directors may select. The regular annual meeting of the Members shall be held at such time as the Board of Directors shall determine. Notice thereof shall be given by the secretary by mailing a notice to each Member not less than fourteen (14) days, nor more than sixty (60) days prior to the date of the meeting. SECTION 2. Special meetings of the Members may be called at any time by the President or a majority of the Board of Directors or upon written request of the Members who are entitled to vote ten percent (10%) of all the votes in the Association. Notice of the special meeting stating the object thereof shall be given by the Secretary by mailing such notice to each Member not less than fourteen (14), nor more than sixty (60) days prior to the date on which such meeting is to be held. SECTION 3. At any meeting of the membership of the Association, each Member so present shall be entitled to one vote and may exercise his right to vote by proxy. SECTION 4. At all annual and special meetings, the presence of Members entitled to cast, or of proxies entitled to cast, 15% of the votes of membership shall constitute a quorum for the transaction of business. SECTION 5. Any action required or permitted to be taken at a Members meeting may be taken without a meeting if a written consent setting forth the action so taken is signed by a majority of all Members entitled to vote with respect to the subject matter thereof. Any such consent shall be inserted in the minute book as if it were the minutes of the Members meeting. ARTICLE V POWERS AND DUTIES OF DIRECTORS SECTION 1. Powers. Subject to limitations in the Articles of Incorporation, these Bylaws and the Laws of the State of Washington, all powers of the Association shall be exercised by or under the authority of, and the business affairs of the Association shall be controlled by, the Board of Directors. Without prejudice to such general powers, and subject to the Sy-Laws/Greenleaf Homeowners Association - 3 same limitations, it is hereby expressly declared that the directors shall have the following powers: (a) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from Members; (b) Hire and discharge or contract with managing agents and other employees, agents and independent contractors; (c) Institute, defend, or intervene in litigation or administrative proceedings in the name of the Association, or on its behalf, or two or more Members on matters affecting the homeowners association, but not on behalf of Members involved in disputes that are not the responsibility of the Association; (d) Make contracts and incur liabilities; (e) Acquire, hold, encumber, and convey in the name of the Association, any right, title or interest to real or personal property, (0 Grant easements, leases, licenses, and concessions through or over the common areas and petition for or consent to the vacation of streets and alleys; (g) Impose and collect any payments, fees, or charges for the use, rental or operation of the common areas; (h) Impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the Board of Directors or by the representative designated by the Board of Directors and in accordance with the procedures as provided in the Bylaws or rules and regulations adopted by the Board of Directors, levy reasonable fines in accordance with a previously established schedule adopted by the Board of Directors and furnished to the Members for violation of the Bylaws, protective covenants, rules and regulations of the Association; (i) Manage the Association's obligations arising under the terms and conditions of the Agreement for Maintenance of Open Space and Areas within Public Right of Way recorded under King County Recorder's No. and to authorize the expenditure of funds as reasonable and necessary in so doing; 0) Exercise any other powers conferred by the Bylaws; (k) Exercise all other powers that may be exercised in this state by the same type of corporation as the Association; and By-LawslGreenieaf Homeowners Association - 4 (1) Exercise any other powers necessary and proper for the governance and operation of the Association THE BOARD OF DIRECTORS SHALL NOT HAVE THE POWER TO: (a) Amend the Articles of Incorporation or Bylaws, or take any action that requires the vote or approval of the Members; (b) Terminate the Association; (c) Elect members of the Board of Directors, or to determine the qualification, powers, and duties, or terms of office of members of the Board of Directors; but the Board of Directors may fill vacancies in its membership of the unexpired portion of any term, to serve until the next annual meeting; (d) Perform any other act expressly prohibited under RCW 64.3$. Duties of the Board of Directors. It shall be the duty of the Board of Directors to: (a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by ten percent (10%) of the Members who are entitled to vote; (b) Supervise all officers, agents and employees of this Association, and to see that their duties are properly performed; (c) As more fully provided in the Declaration to: (1) Fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period; (2) Send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; (3) Levy and collect special assessments and fines as more particularly described in the Declaration; and (4) Place a lien against any property for which assessments and/or liens are not paid, or to bring an action at law against the owner personally obligated to pay the same; By-Laws/Greenleaf Homeowners Association - 5 (d) Procure and maintain adequate liability and hazard insurance on property owned by the Association; (e) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; (f) Cause all property/facilities owned by the Association, including roads, storm drainage system, etc., to be properly maintained. (g) Make all decisions related to the need for, preparation, updating of a reserve study and the expenditure of funds in any reserve account, which may be required or permitted by RCW ch. 64.38., as now or hereafter amended. ARTICLE VI DUTIES OF OFFICERS SECTION 1. President. The president shall preside at all meetings of the directors and Members; shall sign as president all certificates and all other instruments in writing authorized by the Board of Directors; shall call special meetings of the directors or of the Members whenever deemed necessary; shall have and exercise under the direction of the Board of Directors, the general supervision for enforcing the Articles of Incorporation and Bylaws and any rules and regulations established by the Board of Directors and levying such penalties deemed necessary as provided for in the Bylaws. SECTION 2. Vice President. The vice-president shall preside at all meetings in the absence of the President, and in case of the absence or disability of the president shall perform all other duties of the president which are incidental to his office. SECTION 3. Secretary. The secretary shall issue all notices and shall attend and keep the minutes of all meetings; shall have charge of all Association books, records and papers; shall attest his/her signature on all written contracts of the Association, and shall perform all such other duties as are incidental to his office. In addition the secretary shall keep appropriate current records showing the Members of the Association, together with their addresses. SECTION 4. Treasurer. The treasurer shall keep safely all monies and securities of the Association and disburse the same under the direction of the Board of Directors; shall cause to be deposited all funds of the Members, and at any time directed by the directors shall issue and present a full statement showing in detail the condition of the affairs of the Association. By-Laws/Greenleaf Homeowners Association - 6 SECTION 5. The executive secretary and/or assistant secretary and/or assistant treasurer, if appointed by the Board of Directors, shall perform such duties as may be designated by it. SECTION 6. Any officer, other than the president, may occupy two offices concurrently if the Board of Directors so directs. By-Laws/Greenleaf homeowners Association - 7 ARTICLE VII BUDGET Within thirty (30) days after adoption by the Board of Directors of any proposed regular or special budget of the Association, the Board shall set a date for a meeting of the Members to consider ratification of the budget not less than fourteen (14), nor more than sixty (60) days, after mailing of the summary. Unless at that meeting the Members of a majority of the votes in the Association are allocated or any larger percentage specified in the governing documents reject the budget, in person or by proxy, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the Members shall be continued until such time as the Members ratify a subsequent budget proposed by the Board of Directors. ARTICLE VIII ASSESSMENTS SECTION 1 — Annual and Special Assessments. As more fully provided in the Declaration, each Member is obligated to pay to the Association an annual assessment of $XXXX. A monthly payment of SXX.XX is due the first of each month. The initial monthly assessment shall be SXX.XX. In addition to the annual assessments authorized by the Declaration, the Association may levy special assessments for capital improvements. Any such levy by the Association shall be for the purpose of defraying in whole or in part, the cost of any construction or reconstruction, or replacement of a described capital improvement upon the common areas, provided that any such assessment shall have the assent of 66% of the votes of all Members. Any assessments which are not paid when due shall be delinquent, and shall be subject to a late fee as described in the Declaration. If the assessment remains unpaid, the Association shall place a lien upon the property against which the assessment is made. The Association may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. No owner may waiver or otherwise escape liability for the assessments provided for herein by nonuse of the common areas or abandonment of his lot. SECTION 2 - Fines for Protective Covenant Violations. The following procedure will be followed with respect to the imposition and collection of fines for any By-Laws/Greenleaf Homeowners Association - 8 Member in violation of the Declaration of Protective Covenants, Conditions and Restrictions ("the Declaration"), as described in Article 1, Section 1 hereof: (a) The Member will be notified in writing of the violation by an Association officer, or by a member of the Architectural Control Committee. The Member will be given a deadline by which to correct the violation. (b) If the violation has not been corrected by expiration of the deadline, and no plan for correcting the violation acceptable to the Board of Directors has been submitted prior to expiration of the deadline, the Member will be given notice by certified mail, return receipt requested, that a continuing fine in the amount of FIVE DOLLARS AND N0/100 ($5.00) per day shall be imposed unless the violation is cured within 30 days from the date of mailing of the certified letter, and that the accrued fine shall be a continuing lien against the Member's lot. The certified letter shall also state that the Member has the opportunity, during the 30 day period. to contact the Association to request an opportunity to be heard before a member of the Board of Directors, or it's appointed representative, should he/she feel that they are not in violation of the Covenants. The Board of Directors or its appointed representative will notify the Member of its decision within fourteen (14) days of the hearing date. No fine will accrue pending said decision. (c) Said fine once imposed, shall continue to accrue on a daily basis until the violation is corrected to the satisfaction of the Board of Directors or its appointed representative. If the fine amount reaches $1,000.00, and the Member refuses to pay the fine within 30 days after notification of the amount owing, the Association may bring an action to foreclose the lien against the Member's property, and interest, costs and reasonable attorneys' fees of any such action shall be added to the amount of such fine so imposed. (d) The above described fine procedure shall not constitute a waiver of any other remedies available to the Association pursuant to the Greenleaf -LaRosa, LLC Declaration of Protective Covenants, Conditions and Restrictions, and by law, with respect to enforcement of Protective Covenants and collection of assessments and fines. ARTICLE 1X DISSOLUTION In the event of dissolution of the Association, the property and assets after all of its debts have been paid shall be distributed as provided for in the Articles of Incorporation. Sy-Laws/Greenleaf Homeowners Association - 9 ARTICLE X AMENDMENTS SECTION 1 These Bylaws may be amended, at a regular or special meeting of the Members, by a vote of a majority of a quorum of Members present in person or by proxy. SECTION 2 In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control. ARTICLE XI FISCAL YEAR The fiscal year of the Association shall coincide with the calendar year, except that the first fiscal year shall begin on the date of incorporation. Adopted by resolution of the Association's Board of Directors on CERTIFICATION I, the undersigned do hereby certify that I am the duly elected and acting Secretary of GREENLEAF HOMEOWNERS ASSOCIATION; the foregoing Bylaws constitute the original Bylaws of said Association as adopted at a meeting of the Directors hereof. IN WITNESS WHEREOF, I have subscribed my name this day of , 2013. Anthony J. Ruiz Director By-Laws/Greenleaf Homeowners Association - 10 When recorded, return to: Greenleaf -LaRosa, LLC 846 108"' Avenue NE, Suite 200 Bellevue, WA 98004 DRAFT DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR GREENLEAF HOMEOWNERS ASSOCIATION THIS DECLARATION is made on this 2015, by Greenleaf -LaRosa, LLC a Washington Limited Liability Company, referred to herein as "Declarant", which is the owner of certain real property now known as "Greenleaf' situated in the City of Renton, in King County, Washington. The Declarant has created a non-profit corporation known as the Greenleaf Homeowners Association. The Greenleaf Homeowners Association (hereafter referred to as "Association") shall be delegated and assigned the duties and powers of owning, maintaining, and administering any and all Common Areas and related facilities in the Plat, administering and enforcing these covenants, conditions and restrictions, and collecting and disbursing the assessments and charges hereinafter created. The Association shall also have the right and power to promulgate rules and regulations that may further define and limit permissible uses and activities consistent with the provisions of this Declaration. NOW, THEREFORE, the undersigned hereby covenants, agrees, and declares that all of the Plats as defined herein and the buildings and structures hereafter constructed thereon are, and will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, and restrictions, for the purpose of enhancing and protecting the value, desirability, and attractiveness of Greenleaf for the benefit of the Owners thereof, their heirs, successors, grantees, and assigns. ARTICLE 1 - DEFINITIONS Section 1.1: Articles. "Articles" shall refer to the adopted Articles of Incorporation of the Association as now or hereafter amended. Section 1.2: Board. "Board" shall mean and refer to the board of directors of the Association established pursuant to the Articles and Bylaws. Page l of 20 Section 1.3: Bylaws. "Bylaws" shall refer to the adopted Bylaws of the Association as now or hereafter amended. Section 1.4: Common Areas. "Common Areas" shall mean and refer to all real property that is owned by the Association, as well as any easements in favor of the Association. Section 1.5: Committee. "Committee" is defined as the Architectural Control Committee as provided in Article 6. Section 1.6: Declarant. "Declarant" shall mean and refer to Greenleaf -LaRosa, LLC, its successors and assigns, if such successors and assigns should acquire all or substantially all of the then undeveloped parcels of the Plats from Declarant for the purpose of development; provided, however, that no successor or assign of Declarant shall have any rights or obligations which are not specifically set forth in the instrument of succession or assignment or other recorded instrument of passed by operation of law. Certain rights and obligations of Declarant, as set forth herein, shall cease at the end of the Development Period. Section 1.7: Declaration. "Declaration" shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. Section 1.8: Development Period. "Development Period" shall mean and refer to that period of time beginning on the date of initial recording of this Declaration and ending whenever any of the following first occurs: (i) 5 years from the date hereof; or (ii) 2 months after title has been transferred to purchasers of Lots representing ninety-five (95%) of the total voting power of all Owners as then constituted; or (iii) written notice from Declarant to the Association in which Declarant elects to terminate the Development Period. The "Development Period" may be extended for a period of 5 additional years or longer at the sole option of Declarant. Section 1.9. Governing Documents. "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation, the By -Laws of the Association, and the recorded Plat, as any of the foregoing may be amended from time to time. Section 1.10: Lot. "Lot" shall mean and refer to the lots as shown on the Plats as of the date of this Declaration, as well as any future lots created through subdivision, short subdivision, site plan approval, or any other legal process for dividing land within the Plats. The word "Lot" as used herein excludes any parcel designated as a Tract on the recorded Plats, unless and until that Tract is later legally divided into lots through subdivision, short subdivision, site plan approval, or any other legal process for dividing land. Section 1.11: Mortgage. "Mortgage" shall mean and refer to any recorded mortgage or deed of trust encumbering one or more of the Lots or Living Units. "First Mortgage" shall mean and refer to a Mortgage with priority over other Mortgages. "Mortgagee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees. As used herein, the term "Institutional Mortgagees" or "Institutional Holder" shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal National Mortgage Association ("FNMA"), Federal Home Loan Mortgage Corporation Page 2 of 20 ("FHLMC"), all corporations, and any agency or department of the United States Government or of any state or municipal government. Section 1.12: Native Growth Protection Area. Tracts B, C and D are Native Growth Protection easement areas. All present and future owners are prohibited from disturbing any trees or vegetation within the NGPE without express written approval of The City of Renton. Section 1.13: Owner. "Owner" shall mean and refer to the record owner (whether one or more persons or entities) of a fee interest in any Lot but excluding mortgagees or other persons or entities having such interest merely as security for the performance of an obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners and their respective sellers or assignors shall not be deemed Owners. Section 1.14: Plats: "Plats" shall mean and refer to the approved plat of Greenleaf contained therein recorded at Volume , Pages to under King County Recording Number , and other properties, per Section 11.3, if the Declarant amends these CC&Rs with the recording information within the Development Period. Section 1.15: Tract. "Tract" shall mean and refer to those portions of the recorded Plats which are so designated and which are generally held for purposes other than use as lots for construction of a residence. ARTICLE 2 COMMUNITY ASSOCIATION Section 2.1. Description of Association. The Association is a non-profit corporation organized and existing under the laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time to time. No Governing Document other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. Section 2.2. Association Board of Directors. Declarant shall select an initial Board of Directors of not fewer than 3 persons, who need not be Owners. The initial Board shall have the full authority and all rights, responsibilities, privileges, and duties to manage the Association under the Governing Documents and shall be subject to all provisions of the Governing Documents. The term of the initial directors of the Board shall expire as set forth in the Articles and Bylaws. The Board shall elect officers of the Association, which shall include a president who shall preside over meetings of the Board and meetings of the Association. Section 2.3. Association Members . Every Owner shall by reason thereof be a member of the Association as set forth in the Articles and Bylaws. Section 2.4. Votes Appurtenant to Ownership. Every Owner shall be entitled to vote in accordance with the provisions of the Articles and Bylaws. Section 2.5. Owner's Compliance with Governing Documents. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner Page 3 of 20 thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to observe and comply with all terms of the Governing Documents of the Association, and all rules and regulations duly promulgated by the Board. Section 2.6. Rules and Regulations. The Board shall have the power to adopt from time to time and to enforce rules and regulations governing the use of Common Areas and the use and maintenance of Lots and Tracts, in addition to the use restrictions contained in this Declaration and whether or not expressly contemplated herein, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations may not discriminate among Owners. The Association may prescribe penalties for the violation of such rules and regulations, including but not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effective 30 days after promulgation or amendment and shall be mailed to all Owners within 30 days after promulgation or amendment. A copy of the rules and regulations then in force shall be retained by the secretary of the Association and shall be available for inspection by any Owner during reasonable business hours. Such rules shall have the same force and effect as if set forth herein. Section 2.7. Architectural Control Committee. The Board shall establish and thereafter continuously maintain an Architectural Control Committee to review and approve or disapprove the details and written plans and specifications of all construction, including initial construction, other than new construction exempt pursuant to Section 5.1(a), additions or exterior alterations to homes and accessory buildings, fences, walls, or other structures and all clearing or excavation of Lots, or cutting of trees within the Plat, pursuant to Article 6 hereof. The Board shall have the power to adopt from time to time and to enforce guidelines, criteria, and procedures governing the Architectural Control Committee and the Owners' compliance with the provisions of Article 6 hereof. Section 2.8. Additional Committees. The Board of Directors shall have the authority to create, from time to time; additional committees that the Board of Directors, in its sole discretion, determines would be useful for the efficient and proper administration of the duties of the Association. The Board may delegate such functions and duties to such committees as it deems fit, provided that the Board shall retain the ultimate decision making authority on all issues affecting the Association. ARTICLE 3 - ASSOCIATION BUDGET, ASSESSMENTS, AND LIENS Section 3.1. Owner's Covenant to Pay Assessments. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Association, in advance, all general and special assessments levied as provided herein. Section 3.2. Association Budget. The Association shall prepare, or cause the preparation of, an operating budget for the Association at least annually, in accordance with generally accepted accounting principles and the procedures specified in the Bylaws. The operating budget shall set forth all sums required by the Association, as estimated by the Association, to Page 4 of 20 meet its annual costs and expenses including, but not limited to, all management and administration costs of the Association, operating and maintenance expenses of Common Areas, expenses for services furnished to or in connection with the Common Areas, including the amount of all taxes and assessments levied against, the cost of liability and other insurance on the Common Areas, charges for any services furnished to the Association, the cost of utilities and other services, including the cost of power and maintenance for street lighting within the community from the appropriate power company, and the cost of funding all reserves established by the Association, including, if appropriate, a general operating reserve and a reserve for replacements. The funds required to meet the Association's annual expenses shall be raised from a general assessment against each Owner as provided hereafter. The Association may revise the operating budget after its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. Section 3.3. Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Association shall determine and levy in advance on every Owner a general assessment. The amount of each Owner's general assessment shall be the amount of the Association's operating budget divided among the Lots; provided that, any vacant Lot(s) not yet liable for payment of assessments pursuant to Section 3.6 shall not be included in this calculation. Notice of the proposed budget and estimated general assessment shall be sent to each Owner as required by RCW ch. 64.38.025 as now or hereafter amended; provided, however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof. The omission by the Association, before the expiration of any assessment period, to fix the amount of the general assessments hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessments fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Association of the operating budget during the assessment period for which such budget was prepared, the Association shall, if necessary, revise the general assessments levied against the Owners and give notice of the same in the same manner as the initial levy of general assessments for an assessment period. Section 3.4. Payment of General Assessment. As determined by the Board, installments of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis. Any Owner may prepay one or more installments on any assessment without discount or penalty. Section 3.5. Non -Discriminatory Assessment. No assessment shall be made at any time that may unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners. Section 3.6. Commencement of Assessments; Limited Exemptions for Vacant Lots. Liability of an Owner for assessments shall commence on the first day of the calendar month following the date upon which any instrument of transfer to such Owner becomes operative (such as the date of a deed, the date of a recorded real estate contract for the sale of any Lot, the date of death in the case of a transfer by will or intestate succession, etc.) and shall terminate on the date that the Owner transfers title to a new Owner, provided such transfer shall not relieve a Page 5 of 20 selling Owner from liability for assessments due prior to the close of such transfer. The due dates of any special assessment payments shall be fixed by the Board when authorizing such special assessment. The Board shall have the discretion to exempt Lots which are vacant, from assessments or portions of assessments attributable to improvements or work which does not benefit vacant Lots. Section 3.7. Special Assessments. In addition to the general assessments authorized by this Article, the Association may levy a special assessment or assessments at any time, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a described capital improvement located upon or forming a part of the Common Areas, including necessary fixtures and personal property related thereto, or for such other purpose as the Association may consider appropriate; provided, however, that any such assessment must have the prior favorable vote of Owners representing two-thirds of the Lots affected by the special assessment. If appropriate, the Association may levy a special assessment against a portion of the Lots in cases where some but not all of the Lots would benefit by the special assessment, so long as any such assessment shall have the favorable vote of Owners representing two-thirds of the Lots affected by the special assessment. The amount of each Owner's special assessment for any year shall be the total special assessment for such year, divided by the sum of the number of Lots affected by the special assessment, provided the Association may set different special assessment rates for Lots if the Association determines that the benefit of the special assessment is different for the Lots. Section 3.8. Effect of Non -Payment of Assessment. If any assessment payment is not made in full within 30 days after it was first due and payable, the unpaid amounts shall constitute a lien against the Lot and shall bear interest from the date on which payment was first due and payable at the rate applicable to judgments in Washington. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Association, its agents and employees, the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Association as a corporate entity, and the Association shall have the power to bid in at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against. Section 3.9. Lien to Secure Payment of Assessments. Declarant hereby creates in the Association perpetually the power to create a lien in favor of the Association against each Lot to secure to the Association the payment to it of all assessments, interest, costs, and attorneys' fees; and Declarant hereby subjects all Lots perpetually to such power of the Association. Such lien shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Association, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Association. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment, and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them, provided, however, that in the case of a sale or contract for the sale Page 6 of 20 of any Lot which is charged with the payment of an assessment the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot. Section 3.10. Suspension for Non -Payment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents for a period of 30 days, said Owner's voting rights shall without the necessity of any further action by the Board, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. Section 3.11. Reserves for Replacement. As a common expense, if required to do so by RCW ch. 64.38, as now or hereafter amended, the Association shall establish and maintain a reserve fund for replacement of any Common Areas and any improvements and community facilities thereon by the allocation and payment monthly to such reserve fund of an amount to be designated from time to time by the Association. Such fund shall either be deposited with a banking institution, the accounts of which are insured by any state or by any agency of the United States of America or, in the discretion of the Association, be invested in obligations of or fully guaranteed as to principal by, the United States of America. The reserve fund shall be expended only for the purpose of effecting the replacement of the Common Areas and any improvements and community facilities thereon, equipment replacement, and for start-up expenses and operating contingencies of a nonrecurring nature. The Association may establish such other reserves for such other purposes as it may from time to time consider necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of that Owner's Lot and shall not be separately withdrawn, assigned, or transferred, or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. Declarant shall not be responsible to pay into the reserve fund. Section 3.12. Certain Areas Exempt. The Common Areas and all portions of the Plats dedicated to and accepted by a public authority or other charitable or non-profit Association exempt from taxation under the laws of the State of Washington shall be exempt from assessments by the Association. ARTICLE 4 - SUBORDINATION OF LIENS Section 4.1. Intent of Provisions. The provisions of this Article 4 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. Section 4.2. Mortgagee's Non -Liability. The holder of a Mortgage shall not, by reason of the security interest only, be liable for the payment of any assessment or charge, nor for the observance or performance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. Page 7 of 20 Section 4.3. Mortgagee's Rightsuring Foreclosure. During the pendency of any proceeding to foreclose a Mortgage, including any period of redemption, the holder of the Mortgage, or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Association to the exclusion of the Owner's exercise of such rights and privileges. Section 4.4. Mortgagee as Owner. At such time as a Mortgagee shall become the record Owner of the Lot or previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. Section 4.5. Mortgagee's Title Free and Clear of Liens. A Mortgagee or other secured party acquiring title to a Lot through foreclosure, suit, deed of trust sale, deed in lieu of foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration, insofar as such lien secures the Payment of any assessment or charge or installment due but unpaid before the final conclusion of any such proceeding, excluding the expiration date of any period of redemption. The Association may treat any unpaid assessments against a Lot foreclosed against as a common expense, in which case it shall prorate such unpaid assessments among the remaining Lots, and each such remaining Lot shall be liable for its prorated share of such expenses in the same manner as for any other assessment. Section 4.6. Survival of Assessment Obligation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Association shall use reasonable efforts to collect the same from such Owner. Section 4.7. Subordination of Assessment Liens. The liens for assessments provided for in this Declaration shall be subordinate to the lien of any Mortgage or other security interest placed upon a Lot as a construction loan security interest or as a purchase money security interest, or refinancing thereof and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. The sale or transfer of any Lot, or any interest therein, shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest, liens shall arise against the Lot for any assessment payments coming due after the date of completion of foreclosure (excluding the expiration date of any period of redemption). ARTICLE 5 - BUILDING AND LAND USE RESTRICTIONS Section 5.1. Improvements. No Lot, dwelling, residence, outbuilding, fence, wall, building, pool, deck, substantial landscaping, change in exterior paint color or other structure or other improvement shall be erected, altered, placed or maintained on any Lot unless it shall comply with the following: (a) Prior to placing any such structure or making such improvement on the Lot, the plans and specifications for the structure or improvement and a request for approval Page 8 of 20 shall be submitted to and approved by the Committee as provided in Article 6. When constructed or placed on the Lot, the structure or improvement shall substantially conform to the plans and specifications approved by the Committee. This provision shall not apply to the Declarant until all homes are initially sold and occupied. (b) Prior to making any change or alteration to the external appearance of any existing improvement on a Lot, plans and specifications for the alteration and change shall be submitted to and approved by the Committee as provided in Article 6. When made, the changes or alteration shall substantially conform to the plans and specifications as approved by the Committee. Alterations and changes that are not substantially different from current conditions do not require Committee approval. These include: additional fencing, patio, or deck that exactly matches existing material and style, back yard landscaping, and/or home color that already exists within the community. This provision shall not apply to the Declarant until all homes are initially sold and occupied. (c) Once started, the work of constructing, altering, repairing, or reconstructing any structure or improvement on a Lot shall be diligently prosecuted until completion thereof and in any event the exterior of the structure shall be completed and finished within six months after the work first commences. In the case of landscaping improvements or modifications, the work shall be completed within two months after the work first commences. (d) All buildings and improvements on a Lot shall be of permanent construction, and no temporary structure, trailer, mobile home, tent, garage, outbuilding or other similar device shall be placed on any Lot, except with the permission of the Committee. This provision shall not apply to the Declarant during the Development Period. (e) Lots shall be used solely for residential purposes and related facilities normally incidental to a residential community. No building shall be erected, altered, placed or permitted to remain on any Lot except for one (1) detached single family dwelling and permitted accessory building. (f) Accessory buildings which are appurtenant to the use of an existing permanent residential building may be permitted on a Lot. Permitted accessory buildings may include playhouses, tool sheds, doghouses, and gazebos. No permitted accessory building shall be placed on a Lot unless the plans for the accessory building have been first approved as to the design and location on the Lot by the Committee. The Committee may refuse to approve a permitted accessory building if, in the exercise of the discretion of the Committee, the structure detracts from the general visual appearance of the neighborhood or other homes. The location of a permitted accessory building shall be located where it minimizes the visual impact and, as a general guideline, shall be in the rear yard or side yard behind the front of the house. The Committee shall not be bound by the guidelines, but may exercise its discretion in that respect. The Committee may require visual screening of accessory buildings from adjacent Lots. Accessory buildings shall not be easily visible from any street. (g) All structures and improvements shall comply with the provisions of the applicable Building Code, as amended from time to time, relating to setback requirements; provided that nothing herein shall require removal of a building which was originally placed in Page 9 of 20 conformity with such Code because of change in the Code. The Applicant is responsible for procuring all necessary permits. (h) No exterior aerials, antennas, microwave receivers or satellite dishes for television or other purposes shall be permitted on any Lot except as follows: The Committee will not require prior approval as to placement and screening from residents who wish to install satellite dishes (20" or less in diameter) in accordance with current FCC rulings. The Committee recognizes the need to locate these dishes in a place that will allow the best reception possible; however, residents are encouraged to consider aesthetics as well. Residents choosing to install satellite dishes measuring larger than 20" in diameter are required to obtain approval from the Committee prior to installation. (i) All mailboxes are to be of uniform design as approved by the Committee. 6) Owners of fences shall be obligated to repair and maintain such fences so that they are structurally sound and painted or stained from time to time as may be necessary to retain a reasonable appearance thereof. Owners of fences shall have the right to enter adjoining property on a temporary basis for purposes of such maintenance, provided the owner seeking to exercise this right of entry shall give two weeks written notice to the owner of the adjoining property and further provided that no damage to adjoining property shall be permitted and the adjoining property shall be restored to a condition reasonably equivalent to its condition prior to such entry as soon as such maintenance or repair work is completed. Fences may be limited in height and/or extent beyond local code provisions, as well as in style, as provided for in the Standards as adopted by the Association. (k) The Board may, in the Community Regulations, adopt such regulations for the installation, maintenance and watering of landscaping, including lawns, as the Board determines are reasonably necessary to maintain the general appearance and value of the properties within the Plat. Section 5.2. Animals. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any Lot except that usual household pets such as dogs, cats and similar sized pets typically sold in pet stores may be kept, provided that they are not kept, bred or maintained for commercial purposes, and that they do not unreasonably interfere with the use and enjoyment of any part of the Plat. Section 5.3. Nuisances. No Lot shall be used or maintained as a dumping ground for rubbish; and trash, garbage, or other waste shall not be kept except for in sanitary containers or composting areas. Equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and out of sight. Nothing shall be done on a Lot that may become a nuisance to the neighborhood. Section 5.4. Businesses. No trade, craft, business, profession, manufacturing, commercial enterprise or commercial activity of any kind shall be conducted or carried on upon any Lot or within any building located within the Plats unless it is authorized by and is in compliance with local land use ordinances and does not interfere with the quiet and peaceful use and enjoyment of any part of the flat. For purposes of this Section, "interference" will be Page 10 of 20 assumed to exist if (1) evidence of said use is visible from the street or adjacent Lots; (2) the use causes an increase in the noise level in the surrounding area, or (3) the use increases traffic above usual residential volumes. No signs for such businesses shall be permitted. Section 5.5. Stogy No goods, materials, supplies or equipment, and no boats, trucks, motorcycles, busses, motor homes, campers, trailers, or vehicles of any description, shall be stored, dismantled, or repaired in the street, driveway, right of way, adjacent planter strip or within view from any street or Lot in the Plat. Upon 48 hours notice to the Owner of the Lot, the Association has the authority to have removed at the Owner's expense any improperly stored or parked vehicle, boat, or other equipment. During the Development Period, the Declarant may store equipment and building materials and maintain temporary trash storage sites within the Plat. The restrictions contained in this Section shall not exclude the temporary parking of automobiles on the designated driveway areas adjacent to garages on the Lots. Section 5.6. Construction and Sale Period. So long as Declarant owns any property in the Plats for development and/or sale, the restrictions set forth in this Article 5 shall not be applied or interpreted so as to prevent, hinder, or interfere with development, construction or sales activities of Declarant or any builder or developer approved by the Declarant. Section 5.7. Maintenance. Property ownership includes the responsibility to maintain all structures and grounds that are a part of the Lot. This obligation includes, but is not limited to, such activities as mowing grass, weed control, vegetation control, prevention of offensive or noxious odors associated with composting, removal of trash, structural maintenance, including repairing mildewed, worn or dated siding and fencing, painting and removing moss on roofs. ARTICLE 6 - ARCHITECTURAL CONTROL Section 6.1. The Committee, The Board shall designate the Committee herein referred to. The address of the Committee shall be the registered office of the Association. Section 6.2. Submission of Plans. Prior to construction, all plans and specifications or information required to be submitted to the Committee for approvals shall be submitted by mail to the address of the Committee in duplicate, shall be in writing, shall contain a written request for approval and the name and address of the person submitting the same and the Lot involved, and shall set forth the following with respect to a proposed structure: The location of the structure upon the Lot, the elevation of the structure with reference to the existing and finished lot grade, the general design, the interior layout, the exterior finish materials and color including roof materials, the landscape plan, and such other information as may be required to determine whether such structure conforms with the restrictions established by the Governing Documents and any Community Regulations adopted by the Association. The Committee may require applicants to notify adjacent Lot Owners of their request for approval. Section 6.3. Standards. The Committee shall have the authority to determine and establish standards involving aesthetic considerations of harmony of construction and color which it determines to be in the best interest of providing for attractive development of the Plats, which authority shall include but not be limited to determining the height, configuration, location, design and appearance of the home, fences, walls, outbuildings, pools, and other Page 11 of 20 structures and improvements appurtenant to the use of the Lot. Such determinations shall be binding on all persons having any interest in the Lot. Owners shall be responsible for informing contractors, agents and others working on the Lot of the standards and conditions of all approvals issued by the Committee and shall be responsible for correcting any violations of any and all violations of those standards and conditions. Section 6.4. Annroval or Disanuroval Process. Within 30 days after the receipt of plans and specifications or information with a request for approval, the Committee shall by majority vote approve or disapprove the request. The Committee may disapprove any request that in its opinion does not conform to the Governing Documents and any Community Regulations adopted by the Association or its aesthetic or other adopted standards. Approval or disapproval of a request shall be made upon one of the copies thereof and returned to the address shown on the request. If the Committee fails to approve or disapprove submitted plans and specifications within 30 days after the plans and specifications have been submitted, which submission shall be evidenced by a written receipt for said plans and specifications, approval will not be required, and this Section will be deemed to have been fully complied with. In this event, any such plans and specifications shall nevertheless be in compliance with all the restrictions contained in the Governing Documents and any Community Regulations adopted by the Association. Section 6.5. Advisors. The Committee may appoint advisors or advisory committees from time to time to advise on matters pertaining to the Plat. No person on the Committee or acting for it shall be responsible for any defect in any plan or specification submitted or approved nor for any defect in any plan or specification submitted or approved nor for any defect in any work done according to such plans and specifications. Section 6.6. Variations. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions; provided that such variations so approved shall not be materially injurious to the improvements of other Lots and shall not constitute a waiver of the restrictions herein contained but shall be in furtherance of the purposes and intent of these restrictions. ARTICLE 7 - COMMON AREAS AND MAINTENANCE Section 7.1. Title to Common Areas. Declarant shall convey to the Association the Common Areas owned by Declarant, as designated in the recorded Plat(s), including notes thereto. The Common Areas shall be subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors, and assigns, in accordance with the terms and conditions of the Governing Documents. The Common Areas when conveyed to the Association shall be free and clear of financial liens. Section 7.2. Owners' Common Rights. Owners shall have equal rights with other Owners to use the Common Areas, unless certain Common Areas are specifically designated as limited Common Areas on the face of a plat(s) or other recorded instrument. All easements for ingress, egress, utilities, and use of facilities, unless otherwise specifically limited, shall exist in favor of all Owners in the Plat. Page 12 of 20 Section 7.3. Maintenance of Common Areas/Other Maintenance. The Association shall maintain, repair, replace, improve, and otherwise manage all of the Common Areas so as to keep them in good repair and condition and shall conduct such additional maintenance, repair, replacement, construction, or reconstruction as may be determined by the Board to promote the recreation, health, safety, and welfare of the Owners. Any action necessary or appropriate to the maintenance and upkeep of the Common Areas, the landscaping, irrigation, storm drainage facilities, sewer and water systems, all buildings, gas, telephone, or electrical or television facilities applicable to the Common Areas shall be taken by the Board. In addition, the Board may, in its discretion, agree to maintain other improvements within the Plat(s) where the Board finds that such maintenance will provide a general benefit to the Association and the Lots in the Plat. ARTICLE 8 - EASEMENTS AND OPEN SPACE Section 8.1. Construction Utility and Drainage Easements. Easements for the construction, repair, replacement, reconstruction, and maintenance of utilities and drainage facilities have been created along the street frontages of all lots and established by the recorded Plat including notes thereto. Furthermore, all lots shall be subject to easements 2.5 feet in width, parallel and adjacent to all interior lot lines and 5 feet in width, parallel and adjacent to all rear lot lines for the purpose of private drainage. Easements shall move with adjusted lot lines. Maintenance of all private drainage easements shall be the responsibility of all lots deriving benefit from said easement, including the owner of the lot on which said easement(s) are located. No structure, including fences and retaining walls or rockeries, planting or other material which may damage or interfere with the installation and maintenance of utilities or facilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through the drainage channels in the easements, shall be placed or permitted to remain within any of these easements, except as otherwise authorized by the Plat or as specifically authorized by the Committee. a) Lots 18, 19 and 20 are served by a private access and utility easement over Lot 17. All maintenance of improvements including, but not limited to the utilities and paving shall be the responsibility of the owners of Lots 18, 19 and 20. b) Lot 18 is served by a private access and utility easement over Lot 19. All maintenance of improvements within this easement is the responsibility of the owner of Lot 18. Section 8.2. Maintenance of Common Areas and Tracts. The Association shall be responsible for maintaining, repairing and replacing: a) Any plat entry monuments, lighting, landscaping, and irrigation constructed in a common Tract. b) Landscaping, irrigation, fencing, and any other community improvements that have been or may be constructed in the future within a Common Tract or other areas designated by the Board, including easements in favor of the Greenleaf Homeowners Association. Page 13 of 20 c) Any landscaping and irrigation systems located within the public rights of way located in the Plat, except that which fronts or sides any individual lot. d) The mailbox stands. c) Any landscaping, and any and all necessary access roads, fences, gates, retaining structures, rockeries, drainage components, splash pads, and any other appurtenances within storm detention tracts, and easements in favor of the Greenleaf Homeowners Association. f) Tract `A' is an Open Space tract containing an entry monument and landscaping and is owned by the Greenleaf Homeowner's Association (HOA). Maintenance of all improvements and landscaping on said Tract `A' shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract `A' previously owned by the HOA and have the attendant financial and maintenance responsibilities. g) Tracts `B' and `D' are Open Space tracts owned by the Greenleaf Homeowner's Association (HOA). Maintenance of all improvements and landscaping on Tract s `B' and `D' shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract `A' previously owned by the HOA and have the attendant financial and maintenance responsibilities. Tracts `B' and `D' contain Native Growth Protection Easements. Disturbing any trees and other vegetation within the NGPE unless done pursuant to the express written permission of the City of Renton. Except as provided, cutting, pruning, placing fill or removing or damaging vegetation within the NGPA tracts is prohibited. h) Tract `C` is a Public Storm Drainage tract and is owned by the Greenleaf Homeowner's Association (HOA). An easement is granted to the City of Renton over, under and across Tract `C' for the purpose of conveying, storing, managing and facilitating storm and surface water per the engineering plans on file with the City of Renton. The City of Renton has the right to enter said stormwater easement for the purpose of inspecting, operating, maintaining, improving, and repairing it's drainage facilities contained therein. Only the chain link fence, flow control, water quality treatment and conveyance facilities will be maintained by the City. Maintenance of all other improvements and landscaping on said Tract `C' shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non- payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in Tract `C' previously owned by the HDA and have the attendant financial and maintenance responsibilities. A portion of Tract `C' contains a Native Growth Page 14 of 20 Protection Easement. Disturbing any trees and other vegetation within the NGPE unless done pursuant to the express written permission of the City of Renton. Except as provided, cutting, pruning, placing fill or removing or damaging vegetation within the NGPA tracts is prohibited. i) Tract `E' is a Recreation tract and is owned by the Greenleaf Homeowner's Association (HOA). Maintenance of all improvements and landscaping on said Tract `E' shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract `E' previously owned by the HOA and have the attendant financial and maintenance responsibilities. Section 8.3. Maintenance of Mitiyation Plantings. The Association shall cause individual lot Owners to maintain plantings installed by Declarant and identified in Owner's Sales Agreement with Declarant, to the extent any mitigation plantings do not survive for 2 years following installation, Owner shall be required to replace at Owner's expense. Failure to replace such plantings shall result in Association performing the replacement at Owner's expense. ARTICLE 9 - INSURANCE, CASUALTY LOSSES, CONDEMNATION Section 9.1. Insurance Coverage. The Association shall obtain and maintain at all times as an Association expense an insurance policy or policies and bonds written by companies licensed to do business in Washington which provide: 9.1.1. Insurance against loss or damage by fire and other hazards covered by the standard extended coverage endorsement in an amount as near as practicable to the full insurable replacement value (without deduction for depreciation) of the Common Areas, with the Association named as insured, or such other fire and casualty insurance as the Association shall determine will give substantially equal or greater protection. 9.1.2. General comprehensive liability insurance insuring the Association, the Owners, Declarant, and any managing agent, against any liability to the public or to the Owners and their guests, invitees, licensees, or tenants, incident to the ownership or use of the Common Areas. 9.1.3. Worker's compensation insurance to the extent required by applicable laws. 9.1.4. Fidelity coverage naming the Association as an obligee to protect against dishonest acts by the Board, Association officers, committees, managers, and employees of any of them, and all others who are responsible for handling Association funds, in an amount equal to three months general assessments on all Lots, including reserves. 9.1.5. Insurance auainst loss of personal property of the Association by fire, theft, and other losses with deductible provisions as the Association deems advisable. Page 15 of 20 9.1.6. Such other insurance as the Association deems advisable, provided, that notwithstanding any other provisions herein, the Association shall continuously maintain in effect casualty, flood, and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for Projects established by Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration, so long as any of them is a Mortgagee or Owner, except to the extent such coverage is not available or has been waived in writing by Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, or Veterans Administration. Section 9.2. Casualty Losses. In the event of substantial damage to or destruction of any of the Common Areas, the Association shall give prompt written notice of such damage or destruction to the Owners and to the holders of all First Mortgages who have requested such notice from the Association. Insurance proceeds for damage or destruction to any part of the Common Areas shall be paid to the Association as a trustee for the Owners, or its authorized representative, including an insurance trustee, which shall segregate such proceeds from other funds of the Association. Section 9.3. Condemnation. In the event any part of the Common Areas is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by any condemning authority, the Association shall give prompt notice of any such proceeding or proposed acquisition to the Owners and to the holders of all First Mortgages who have requested from the Association notification of any such proceeding or proposed acquisition. All compensation, damages, or other proceeds therefrom, shall be payable to the Association. ARTICLE 10 - ENFORCEMENT Section 10.1. Richt to Enforce. The Association, Declarant, and any Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by or pursuant to the provisions of this Declaration. Failure or forbearance by any person or entity so entitled to enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a waiver of the right to do so thereafter. Section 10.2. Imposition -of Fines_ (a) Authority to Impose Fines: The Association shall have the right to impose monetary penalties against the owner and/or occupant of any Lot who violates these Covenants, Conditions and Restrictions or the Community Regulations or other rules and restrictions adopted by the Association. The Board shall, from time to time, adopt a schedule for such monetary penalties. The schedule may provide for penalties that are assessed a single flat rate and may provide for penalties which are incurred on a periodic (daily, weekly, etc.) basis and which accrue until violations are corrected. Page 16 of 20 (b) Procedure for Imposition of Fines: If the Association determines that a violation of the Covenants, Conditions and Restrictions, or the Community Regulations or other rules and restrictions adopted by the Association has occurred, the Association shall send a written Notice of Violation to the owner or occupant of the Lot determined to be responsible for the violation. The Notice of Violation shall identify (1) the location where the violation has occurred, (2) the name of the person responsible for the violation, (3) the nature of the violation, (4) the action or actions required in order to cure the violation and a deadline for compliance, and (5) the rate or amount of the fine that will be assessed if the violation is not cured by the compliance deadline. In addition, the Notice of Violation shall indicate that the owner or occupant deemed responsible for the violation shall be entitled to request a hearing before the Board, provided a written request for such a hearing is submitted to the Board within fourteen calendar days after the issuance of the Notice of Violation. (c) Hearing by Board: If a request for a hearing is submitted, the Board shall conduct a factual hearing and allow interested parties to present evidence relevant to the issues of whether or not a violation has occurred and what action is required to cure the violation. The Board shall issue a written decision after the conclusion of the factual hearing. All Notices of Violation become final either fourteen days after they are issued if no request for a hearing is submitted, or on the date that the Board issues its decision following a hearing. (d) Collection of Fines, Lien on Title: Unpaid fines assessed pursuant to Section 10.2 shall constitute liens against the Lot, be subject to the terms and conditions of this Declaration regarding liens for assessments and attorney's fees. Section 10.3. Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of, other remedies provided by law. There shall be, and there is hereby created and declared to be, a conclusive presumption that any violation or breach or attempted violation or breach of the covenants, conditions, and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. ARTICLE 11 - AMENDMENT AND REVOCATION Section 11.1. Amendment by Association. Prior to the expiration of the Development Period, any amendment to the Declaration may be executed by the Declarant. Subsequent to the expiration of the Development Period, this Declaration may be amended only by an instrument executed by the Association for and on behalf of the Owners, provided, however, that such amendments shall have received the prior approval of a vote of the Owners having 75 percent of the total outstanding votes in the Association, and provided, however, that the obligation to maintain common areas and improvements may not be revoked without the written consent of the City of Renton. Notwithstanding any of the foregoing, the prior written approval of 51 percent of all Mortgagees who have requested from the Association notification of amendments shall be required for any material amendment to the Declaration or the Association's By -Laws of any of the following: voting rights, assessments, assessment liens, and subordination of such liens, reserves for maintenance, repair, and replacement of Common Areas, responsibility for Page 17 of 20 maintenance and repair, reallocation of interest in the Common Areas, or rights to their use, convertibility of Lots into Common Areas or of Common Areas into Lots; leasing of Lots other than as set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer a Lot; any action to terminate the legal status of the Association after substantial destruction or condemnation occurs, or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages. Section 11.2. Effective Date. Amendments shall take effect only upon recording in the County where the property is located Section 11.3. Additions and Amendments. Declarant hereby reserves the right to add additional properties to or delete properties from Greenleaf. Additional properties may include subsequent phases of Greenleaf, or other properties or lots that the Declarant may wish to add at Declarant's sole discretion. ARTICLE 12 - GENERAL PROVISIONS Section 12.1. Taxes. Each Owner shall pay without abatement, deduction, or offset, all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against his Lot, or personal property located on or in the Lot. The Association shall likewise pay without abatement, deduction, or offset, all of the foregoing taxes, assessments, and charges levied or assessed against the Common Areas. Section 12.2. Non -Waiver. No waiver of any breach of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. Section 12.3. Covenants Runningthe Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing or otherwise occupying any portion of the Plat, their heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Lot and all leases or subleases shall refer to this Declaration and shall recite that it is subject to the terms hereof as if fully set forth therein. However, all terms and provisions of this Declaration are binding upon all successors in interest despite an absence of reference thereto in the instrument of conveyance, lease, or sublease. Section 12.4. Attorneys' Fees. In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports, and all attorney's fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses, and attorney's fees incurred in connection with any appeal from the decision of a trial court or any appellate court. Page 18 of 20 Section 12.5. No Abandonment of Obli ation. No Owner, through his non-use of any Common Area, or by abandonment of his Lot, may avoid or diminish the burdens or obligations imposed by this Declaration. Section 12.6. Interpretation. The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment, or describe the scope, content or intent of this Declaration or any parts of this Declaration. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes a legal entity when the context so requires. The single number includes the plural whenever the context so requires. Section 12.7. Severability. Invalidation of any one of these covenants, conditions, restrictions, easements, or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in full force and effect. Section 12.8. Notices. All notices, demands, or other communications ("Notices") permitted or required to be given by this Declaration shall be in writing and, if mail postage prepaid by certified or registered mail, return receipt requested (if a Notice to Declarant, the Association, or to fewer than all Owners), or if mailed first-class postage prepaid (if a Notice to all Owners), shall be deemed given three days after the date of mailing thereof, or on the date of actual receipt, if sooner, except as otherwise provided in the Governing Documents. Notice to an Owner may be given at any Lot owned by such Owner; provided, however, that an Owner may from time to time by Notice to the Association designate such other place or places or individuals for the receipt of future Notices. Notices shall be addressee to the last known address of the addressee if not otherwise known. If there is more than one Owner of a Lot, Notice to any one such Owner shall be sufficient. The address of Declarant during the Development Period and of the Association shall be given to each Owner at or before the time he becomes an Owner. If the address of Declarant or the Association shall be changed, Notice shall be given to all Owners. Section 12.9, Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. IN WITNESS WHEREOF, THE UNDERSIGNED DECLARANT HAS EXECUTED THIS DECLARATION THE DAY AND YEAR FIRST ABOVE WRITTEN. GREENLEAF-LARGSA, LLC, a Washington limited liability company By: CHG SF, LLC a Washington limited liability company By: Charles F Conner Its: Manager Page 19 of 20 STATE OF WASHINGTON } COUNTY OF KING ) On this day of , 20, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of Greenleaf -LaRosa, LLC, which executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Printed name: Notary Public in and for the State of Washington My commission expires: Page 20 of 20 RECEIPT EG00039532 BILLING CONTACT Greenleaf Larosa, LLC 846 108th Ave NE , #200 Bellevue, WA 98004 REFERENCE NUMBER FEE NAME TRANSACTION TYPE PAYMENT AMOUNT PAID METHOD LUA15-000453 PLAN - Final Plat Fee Technology Fee Fee Payment Fee Payment Check ##1593 Check ##1593 $1,500.00 $45.00 SUS TOTAL $1,545.00 TOTAL $1,545.00 Printed On: June 17, 2015 Prepared By: Holly Powers Page 1 of 1