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HomeMy WebLinkAboutRC 20090409001083 AFTER RECORDING MAIL TO: Bruce Knowlton CamWest Development,Inc. 9720 NE 120th Place,Suite 100 Kirkland,WA 98034111 101011111 110110 20090409001083 CITY OF RENTON COV 77.00 PAGE001 OF 036 04/08/2009 14:28 KING COUNTY, WA DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS FOR ALDER CROSSING,A SUBDIVISION Grantor/Declarant: CamWest Alder Crossing LLC Grantee: Alder Crossing,a Subdivision Abbr.Legal Description: Lots 1-60&Tracts A,B,C, D,E,F&G,Plat of Alder Crossing,Vol. 25/ of Plats,Pages037-0.King County Recording No. [Full Legal Description on Exhibit A] Tax Account No.: 1523059040, 1523059001, 1523059039, 1523059096, 1523059132, 1523059099 Docs Modified: N/A DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 1 DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS FOR ALDER CROSSING,A SUBDIVISION CamWest Alder Crossing LLC, a Washington limited liability company, hereinafter referred to as"Declarant",makes this Declaration as of the_day of , 2009. SUBMISSION OF THE PROPERTY TO THIS DECLARATION A. Declarant owns the real property and improvements located within the City of Renton, County of King, State of Washington, commonly known as "Alder Crossing" or the "Property,"and more particularly described in Exhibit A attached hereto. B. Declarant has created an owners association at Alder Crossing to provide for the maintenance, preservation and architectural control of the privately-owned Lots and the Common Areas(as defined below)within the Community. C. Declarant has imposed these covenants and servitudes to create a comprehensive system of land-use, development and architectural controls within the Property to enhance the value and attractiveness of the Property,and to protect and benefit the interests of the Owners of the Property. D. Declarant submits the Property to this Declaration. The Property shall be held, sold, conveyed, encumbered, leased, rented, occupied and improved subject to these covenants, conditions, restriction, reservations, easements, rights of way, liens, charges and equitable servitudes, which shall be binding on all parties having any right, title or interest in the Property or any part thereof, and shall inure to the benefit of each owner thereof. This Declaration shall run with the land and bind Declarant, its successors and assigns, all • subsequent owners of the Property or any part thereof, together with their grantees, successors, heirs, executors, administrators, devisees or assigns. Any conveyance, transfer, sale,assignment,lease or sublease of any real property interest in any portion of the Property, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. Article 1. DEFINITIONS Section 1.1 Definitions. For the purposes of this Declaration and any amendments hereto,the following definitions shall apply. "Architectural Control Committee"or"ACC"shall mean the Board,as defined below or a committee by that name designated by the Board. DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 2 "Articles"shall mean the articles of incorporation of the Association. "Assessments"shall mean all sums chargeable by the Association against a Lot as set out herein, including, without limitation: (a)General and Special Assessments for maintenance, repair or replacement of the Common Area, the Association Maintained Areas and any other property of the Association as set out in Sections 7.5-7.7; (b) Specific Assessments against a Lot as set out in Section 7.8; (c) fines imposed by the Association; (d)interest and late charges on any delinquent account; and (e)costs of collection, including reasonable-attorneys' fees, incurred by the Association in connection with the collection of a delinquent Owner's account. "Association" shall mean The Alder Crossing Homeowners Association, a Washington non-profit corporation,as described more fully in Article 3 and its successors and assigns. "Association Maintained Area"shall mean those facilities,improvements and portions of the Plat that the Association is obligated to monitor and/or maintain. The Association Maintained Area includes the property and improvements described in Section 2.4 of this Declaration. "Board"shall mean and refer to the Board of Directors of the Association,as provided for in Article 3, and any board, group or entity of the successor or assign to the Association serving in a comparable capacity to the Board of Directors. "Bylaws"shall mean the bylaws of the Association as they may from time to time be amended. "Class A Members" shall mean all Owners other than the Declarant when the Declarant is the Class B Member. If the Declarant is no longer the Class B Member,then it shall mean all Owners, including Declarant. If there is no Class B member, it shall mean all Owners. "Class B Member"shall mean the Declarant. "Class B Control Period" shall mean the period of time during which the Class B Member is entitled to appoint the members of the Board. The Class B Control Period shall terminate on the first to occur of the following: (a) When 75%of the total number of the Lots have certificates of occupancy issued for the Home thereon and have been conveyed to Class"A"Members other than builders; (b) June 1,2017;or (c) When,in its discretion the Class B member so determines. "City"shall mean the City of Renton,in the County of King,State of Washington. DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 3 "Common Area" shall mean all real property and improvements thereon from time to time owned by the Association or in which the Association has a real property interest for the common use and enjoyment of the Members. The Common Area may(but need not) include common areas, tot lots, recreational facilities, parks and other open space, lakes, streams, storm water drainage facilities, utility facilities, private streets not dedicated to the City, County or the State of Washington, trail systems and fencing on common areas. The Common Area includes the property and improvements described in Section 2.1 of this Declaration. "Declarant"shall mean CamWest Alder Crossing LLC.,a Washington limited liability company. "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions and Reservations, as it may be amended from time to time or supplemented in the manner provided herein. "Entry Monuments"shall mean any entry monuments,signs,landscaping,lighting and other improvements that are installed by the Declarant or Association to mark the entry to the Plat. "Home" shall mean a structure located on a Lot which is designed and intended for use and occupancy as a residence or which is intended for use in connection with such residence. "Lot" shall mean and refer to any of the 60 numbered Lots shown on the Plat. Ownership of a Lot shall include ownership of the Home and improvements now or hereafter constructed on the Lot. "Member(s)"shall mean the Class A Members and the Class B Member. "Mortgage"shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. "Mortgagee" shall mean the beneficial owner or the designee of the beneficial owner, of an encumbrance on a Lot created by a Mortgage and shall also mean the vendor, or the designee of vendor, of a real estate contract for the sale of a Lot. For the purpose of determining the percentage of first Mortgagees approving a proposed decision or course of action, a Mortgagee shall be deemed a separate Mortgagee for each Lot on which it holds a Mortgage which constitutes a first lien on said Lot. When exercising any voting rights a Mortgagee has hereunder,it shall have the same voting rights as the owners of the Lot subject to such Mortgage. DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 4 "Native Growth Protection Area" ("NGPA") shall mean the perpetual easement, granted to the public and the City of Renton over Tracts A and B, as designated on the Plat, for the preservation of the NGPAs in their natural state. Except as set forth in Section 6.24, there shall be no disturbance whatsoever of the NGPA, including the removal, pruning, damaging or alteration of trees and understory, unless expressly approved by the City of Renton. "Notice and Opportunity to be Heard" shall mean the procedure wherein the Board shall give written notice of the proposed action to all Owners,tenants or occupants of Homes whose interest would be significantly affected by the proposed action. The notice shall • include a general statement of the proposed action and the date,time and place of the hearing, which shall be not less than five days from the date notice is delivered by the Board. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing or both(as specified in the notice), subject to reasonable rules of procedure established by the Board to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the Board. The affected person shall be notified of the decision in the same manner in which notice of the meeting was given. "Owner" shall mean the owner of record, whether one or more persons or entities, of any Lot which is part of the Property and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract,to the exclusion of the vendor thereunder. Owner does not mean any party holding an interest merely as security for the performance of an obligation. "Person" shall include natural persons, partnerships, corporations, associations and personal representatives. "Plat" shall mean the plat for Alder Crossing which depicts the layout of the Lots and Tracts on the Property. The Plat for the Property was recorded at Volume of Plats, at pages_ through under Recorder's File No. records of King County, Washington. "Private Storm Drainage Easements"shall mean the private storm drainage easements described on Sheet 4 of the Plat and Exhibit B-2 attached hereto. "Property"shall mean the real property described on Exhibit A attached hereto. "Public Utility Easement" shall mean those easements within the Property created on the Plat for utility installation and maintenance, including but not limited to, power, telecommunications, cable television, water, sanitary sewer, natural gas, storm drainage, and accessory equipment,together with the right to enter upon the Lots and Tracts at all times for said purposes. DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 5 "Street Landscaping"shall mean the street trees, shrubs and other landscape plantings located on the Lots within 5 foot wide planter strips located immediately behind the public sidewalks in the Plat, and landscaping associated with any entry monument, and shall also include any irrigation system for the foregoing. "Street Lighting"shall mean the lighting for streets within the e Pro prtY. "Structure" shall mean any thing or object the placement of which upon any Lot may affect the appearance of such Lot,or the alteration of any Lot in a manner that may impact the flow of water, including (i) any building, garage, porch, shed, greenhouse, patio, deck, swimming pool, curbing, paving, tree house, fence, wall, rockery, hedge, sign, statue, basketball goal, pole, antenna, dish or other receiving device, or the like, and (ii) any excavation, fill, ditch, dam, or other thing or device that affects or alters the natural flow of surface waters from, upon or across any Lot,or which affects or alters the flow of any waters in any natural or artificial stream or drainage channel from,upon or across any Lot. "Tract"shall mean and refer to any of Tracts A through G shown on the Plat and any improvements thereon. "Yard Landscaping" shall mean landscaping installed by Declarant (other than the Street Landscaping)or installed by Owner,including trees, grass,shrubs and other plantings. Article 2. COMMON AREA/ASSOCIATION MAINTENANCE/EASEMENTS Section 2.1 Description of Common Area. The Common Area, as shown on the Plat,is comprised of the following: Tract A NGPA Tract B NGPA Tract D Recreation/Detention Tract E Recreation/Detention Tract F Recreation/Detention Section 2.2 Dedication of Common Area. Declarant, by recording the Plat, dedicates and conveys without warranty the Common Area to the Association. Section 2.3 Use of Common Area. Each Owner shall have the right to use the Common Area in common with all other Owners, subject to the terms and conditions of this Declaration, the Plat, the Bylaws, any rules and regulations adopted by the Association, and the following: 2.3.1 The Association may regulate, restrict or bar use of portions of the Common Area where ordinary use could be dangerous,unreasonably increase Association DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 6 costs, be detrimental to the environment, be inconsistent with development conditions, government regulations or easement rights affecting the Property, or be inconsistent with its designation as open space or NGPA on the Plat. 2.3.2 The Association shall have the right to dedicate or transfer all or any portion of the Common Area, including easements thereon, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. Except as dedicated or transferred herein, no dedication or transfer shall be effective unless two-thirds of each class of Members vote or consent in writing to such dedication or transfer. The instrument dedicating or transferring all or any portion of the Common Area shall be executed by the president and secretary of the Association who shall certify that the requisite vote or consent has been obtained. Section 2.4 Association Maintained Area. The Association Maintained Area is comprised of the following areas,facilities and improvements: a The Common Area,including maintenance of NGPE fences(see Section 6.23) and monitoring and maintenance of the NGPE wetland/buffer mitigation plantings (see Section 6.24),excluding any portions maintained by the City; a The Street Landscaping; and ° Any Private Signage and Entry Monuments. The Association Maintained Area also includes any other areas, facilities, improvements or property acquired by the Association or for which the Association has, or assumes, responsibility pursuant to the Declaration or any covenants,contracts or agreements. Section 2.5 Association Maintenance Responsibilities. The Association shall have full responsibility for the maintenance, repair, replacement and improvement of the Association Maintained Area and any improvements,including structures,and landscaping or other plantings, and utility facilities therein. All such areas and facilities shall be reasonably maintained for their intended use, subject to applicable governmental restrictions. The costs of maintaining the Association Maintained Area shall be assessed against the Lots as set forth in Sections 7.4,7.7 and Exhibit B-1 and B-2 attached hereto. Section 2.6 Delegation of Use. Any Owner may delegate, in accordance with such rules and regulations as the Association shall promulgate, his or her right of use and enjoyment of the Common Area to family members, guests and tenants of such Owner. Each Owner shall be responsible for informing such Owner's family members, guests, tenants and service personnel of the contents of this Declaration as well as any rules and regulations that may be adopted by the Association as they may relate to the use and enjoyment of the Common Area. Each Owner shall be personally liable for any damage to any Common Area or any other area maintained by the Association or to any other property of the Association, whether real or personal, caused by the Owner or the Owner's family member, guest,tenant, agent, workman, contractor or other licensee or invitee. The Association may have a lien DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 7 upon the Owner's Lot for the amount of such damages as determined by the Board after Notice and Opportunity to be Heard. Section 2.7 Public Utility Easements. The Plat creates various public easements within the Property for utility installation and maintenance, including but not limited to, power, telecommunications, cable television, water, sanitary sewer, natural gas, storm drainage, and accessory equipment,together with the right to enter upon the Lots at all times for said purposes. Within these easements, no structure, planting, or other material shall be placed or permitted to remain that may damage or interfere with the installation,maintenance and use of utilities. Each Owner must continuously maintain any such easement area within a Lot, and all improvements thereon, except for those improvements for which a the City, a public authority or utility company, or the Association is responsible within the easement areas. Section 2.8 Private Easements and Facilities. The Plat creates various Private Storm Drainage Easements on the Lots for the benefit of certain Lots. The Owners of Lots using the facilities in the Easement are responsible for maintaining the facilities as set forth in the Plat and Exhibits B-1 and B-2. The cost of such maintenance shall be shared equally by the Owners of all Lots sharing in the use of the facilities,except that the owners of any lower lot shall not be responsible for the part of the storm drainage facilities above their connection. In the event maintenance, repair or replacement is required, the Lot subject to the Easement shall be restored to a condition similar to that condition immediately before the facilities were maintained, repaired or replaced. The Owners of Lots upon which Private Storm Drainage Easements are located shall not use or alter their Lots in any way that would interfere with the proper operation of the storm drainage system. No structure,planting, or other material shall be placed or permitted to remain that may damage or unreasonably interfere with the installation, maintenance and use of the utility facilities. The Owner of a Lot subject to a Private Storm Drainage Easement shall not develop or beautify the easement area in such a way as to cause excessive cost to the benefitted lots when performing their restoration obligations. Tract C is a private tract for access and private drainage facilities that is owned in common by the Owners of Lots 28 and 29. That cost of maintenance of the access and drainage facilities in Tract C shall be shared equally by the Owners of Lots 28 and 28. The City of Renton has the right to enter they Private Storm Drainage Easements (including Tract C) to repair any deficiencies in the event any Owner or Owners are negligent in the maintenance of those facilities. Such repairs will be done at the cost of the benefitting Owners. Section 2.9 Signage Easement. Declarant hereby creates, for the benefit of the Association, a perpetual easement on, under, over and across the exterior ten feet of all Lots parallel with and abutting all public rights of way and all private streets, alleys and drives in which to install and maintain street signs, directional signs, no parking signs, other types of signs and address columns or monuments. DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 8 Section 2.10 Association Functions Easement. There is hereby reserved to Declarant and the Association or their duly authorized agents and representatives such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. Section 2.11 Easement for Entry by Security Patrol. If the Board contracts for security patrol service, said service, and its employees, shall in have the right to enter onto any of the Lots and the Common Area in order to carry out their duties under such security patrol agreement; provided, however, that, said patrol service can enter a Lot only if it is either(i)doing so with reasonable cause;or(ii)acting with the consent of the Owner or tenant of such Lot. Section 2.12 Street Lighting. The Association shall pay, as a common expense, the cost of the Street Lighting, including any amounts for power to the Street Lighting and any amounts owed to Puget Sound Energy with respect to the financed cost of the Street Lighting. The Association must pay any balance due to Puget Sound Energy with respect to the Street Lighting prior to transferring the Street Lighting to another billing entity. Article 3. HOMEOWNERS ASSOCIATION Section 3.1 Establishment. There is hereby created an association called The Alder Crossing Homeowners Association(the"Association"). Section 3.2 Form of Association. The Association shall be a nonprofit corporation formed and operated under the laws of the State of Washington. Section 3.3 Articles and Bylaws. Declarant will adopt Articles of Incorporation and will propose to the initial Board of Directors the adoption of Bylaws to supplement this Declaration and to provide for the administration of the Association and the Property and for other purposes not inconsistent with this Declaration. In the event of any conflict between this Declaration and the Articles for such nonprofit corporation, the provisions of this Declaration shall prevail. Bylaws for the administration of the Association and the Property, and to further the intent of this Declaration, shall be adopted or amended by the Owners at regular or special meetings; provided that the initial Bylaws shall be adopted by the Board of Directors. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. Section 3.4 Board of Directors. The Association shall be managed by a Board of Directors. The Directors shall be elected or appointed as set forth in the Articles of Incorporation and Bylaws of the Association. A majority of the Directors elected by the Class A Members must be members of the Association. The Directors appointed by the Class B Member need not be members of the Association. DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 9 Section 3.5 Membership and Voting Rights. The Association shall have two classes of voting membership: 3.5.1 All Owners, except the Declarant when the Declarant is the Class B Member, will be Class A Members. Each Class A Member will be entitled to one vote for each Lot owned, whether improved or not. When more than one Person holds an interest in any Lot, all such Persons shall be members. The vote for such Lot shall be exercised as the joint owners may decide among themselves, but in no event shall more than one vote be cast with respect to any Lot. 3.5.2 The Declarant will initially be the Class B Member. The Class B Member will be entitled to three votes for each Lot it owns. The Class B class of membership shall cease one year after the termination of the Class B Control Period. At that time, the Class B Membership will convert to Class A membership for each Lot still owned by Declarant. Section 3.6 Transfer of Membership. The membership in the Association of each Owner(including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be transferred in any way except upon the transfer of title to the Lot and then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner. Section 3.7 Books and Records. The Board shall cause to be kept complete, detailed, and accurate books and records of the receipts and expenditures of the Association, in a form that complies with generally accepted accounting principles. Section 3.8 Inspection of Association Documents, Books and Records. The Association shall make available to Owners, Mortgagees, prospective purchasers and their prospective mortgagees, and the agents or attorneys of any of them, current copies of this Declaration,the Articles,the Bylaws,and other rules,books,records,and financial statements of the Association, and the most recent annual audited financial statement, if one is prepared. "Available"shall mean available for inspection upon request,during normal business hours or under other reasonable circumstances. The Association may require the requesting party to pay a reasonable charge to pay the cost of making the copies. Section 3.9 Financial Statements. At least annually, the Association shall prepare, or cause to be prepared at the expense of the Association, a financial statement of the Association("Financial Statement"). The Board or a majority of the Owners may at any time require an annual audit prepared by an independent certified public accountant which shall be paid for by the Association. Section 3.10 Audit of Financial Statements. If the annual Assessments are fifty thousand dollars($50,000)or more,the Financial Statements shall be audited at least annually DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 10 by an independent certified public accountant unless the audit is waived by sixty-seven percent (67%) of the votes cast by the Members, in person or by proxy, at a meeting of the Association at which a quorum, as defined by the Bylaws of the Association, is present. For each year the Members desire to waive the audit,the Members must vote to waive the audit in accordance with this section. Section 3.11 Information to City. The Association shall keep the City apprised of the names and addresses of the officers of the Association. Article 4. MANAGEMENT OF THE ASSOCIATION Section 4.1 Administration of the Property. The administration of the Property shall be in accordance with the provisions of this Declaration and the Bylaws of the Association which are made a part hereof. Administrative power and authority shall be vested in the Board. Section 4.2 Authority and Duties of the Board. On behalf of and acting for the Association,the Board,for the benefit of the Property and the Members,shall have all powers and authority permitted to the Board under this Declaration including, but not limited to, the following: 4.2.1 Levy, collect, and enforce the collection of, assessments, as more particularly set forth in Article 7 hereof,to defray expenses attributable to carrying out the duties and functions of the Association hereunder. 4.2.2 Require any officer or employee of the Association handling or responsible for Association funds to furnish adequate fidelity insurance, the premiums for which shall be paid by the Association. 4.2.3 Enter into agreements with one or more qualified persons to provide for the maintenance and repair of the Common Area and the Association Maintained Areas, the collection of assessments, the sending of all required notices to Owners, the operation of Association meetings and other regular activities of the Association. 4.2.4 Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for carrying out its powers and duties under this Declaration, including legal, accounting, management, security patrol or other services; however, if any materials, supplies, labor or services are provided for particular Lots or their Owners, the cost thereof shall be specially charged to the Owners of such Lots. The Board may pay the Declarant a reasonable fee for any services it performs on behalf of the Association. 4.2.5 Pay for power for all streetlights located on the Property and water and power for irrigation of the Common Area and Association Maintained Areas. DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 11 4.2.6 All checks, drafts, or other orders for the payment of money, notes, or other evidences of indebtedness in the name of the Association shall be signed by such officer or officers,agent or agents of the Association and in such manner as is from time to time determined by the Board. Section 4.3 Tree Trimming. The Board may require, at the Owner's expense, the trimming,topping or, if deemed necessary by the Board, removal of any tree,hedge or shrub on the Owner's Lot that the ACC determines (i) is interfering with the view or access to sunlight of any Common Area, (ii) is interferingwith pedestrian travel on sidewalks or walking paths in the community, or (iii) is interfering with safe automobile travel in the community, provided that that no tree may be removed unless any necessary permits are obtained from the City of Renton and provided that the Association shall maintain and pay for the costs of maintenance of the trees that are part of the Street Landscaping. Section 4.4 Adoption of Rules and Regulations. When and to the extent it deems advisable, the Board may adopt reasonable rules and regulations governing the maintenance and use of the Common Area, the Association Maintained Area, and the Property and other matters of mutual concern to the Members, which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Members fairly and in a non- discriminatory manner. Section 4.5 Additional Powers of the Association. In addition to the duties and powers of the Association, as specified herein and elsewhere in this Declaration, but subject to the provisions of this Declaration,the Association, acting through its Board, shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purpose of this Declaration. Article 5. ARCHITECTURAL CONTROL Section 5.1 Construction and Exterior Alterations or Repairs. 5.1.1 Any Structures to be constructed, erected, placed or altered within the Property, and any changes to the exterior appearance of any Structures on the Property and visible from any street or other Lot, must be approved by the Board or an Architectural Control Committee ("ACC") composed of three or more representatives appointed by the Board. Nevertheless, Owners are not required to obtain ACC approval for flower boxes or planters, ordinary landscaping, seasonal plantings or adornments,and normal maintenance (unless re-roofing or residing with different materials or repainting with a different color or otherwise altering the material, colors or design of the original home or any ACC approved changes). Until completed Homes have been constructed on all of the Lots, Declarant shall act as the ACC. Complete plans and specifications of all such proposed Structures or exterior alterations and repairs requiring approval, together with detailed plans DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 12 showing the proposed location of the same on the particular building site and other data requested by the ACC must be submitted to the ACC before construction,alteration or repair is begun. Construction, alteration or repair shall not be started until written approval thereof is given by the ACC. 5.1.2 The ACC will review submittals as to the quality of workmanship and materials planned and for conformity and harmony of the exterior design with proposed or existing Structures on the Lots and, as to location of the Home,with respect to topography, finish grade elevation, building setback restrictions, compliance with the Plat, and the architectural guidelines to be adopted by the ACC. 5.1.3 All plans and specifications submitted for approval by the ACC must be submitted in duplicate at least 30 days prior to the proposed construction or exterior alteration or repair starting date. In the event the ACC fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it,the ACC will be deemed to have given its approval,subject to the provisions of Subsection 5.1.4. 5.1.4 The maximum height of any building shall be established shed by the ACC asart ofplan approval p pp and shall be given in writing together with the approval. If the ACC has failed to disapprove such design and location within the 30 day limit, and such design and location is thereby deemed approved,the maximum height of any building shall be no greater than is allowed under applicable zoning, land use and building codes. 5.1.5 The ACC may require that all plans or specifications be prepared by an architect or a competent house designer approved by the ACC. One complete set of the plans and specifications shall in each case be delivered to and permanently left with the ACC. The ACC may require that all buildings or structures shall be erected or constructed, and all exterior alterations or repairs made, by a contractor, house builder or other person or entity approved by the ACC in its reasonable discretion. The ACC shall have the right to refuse to approve any design,plan or color for such improvements,construction or exterior, alteration or repair visible from a street or other Lot which is not suitable or desirable, in the ACC's opinion, and such refusal may be based entirely on aesthetic or other factors. 5.1.6 In evaluating any design, the ACC may consider the suitability of the proposed Structure, the material of which it is to be built,the exterior color scheme,the site upon which such buildings or structures are proposed to be built, the harmony thereof with the surroundings, and the effect or impairment that such Structure will have on the view or outlook of surrounding Lots,compliance with the Plat, and any and all other factors which, in the ACC's opinion, shall affect the desirability or suitability of such proposed Structure, improvement,or exterior alteration or repair. DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 13 5.1.7 The ACC shall have the right to disapprove the design or installation of a swimming pool or any other recreational structure or equipment deemed undesirable, in the ACC's opinion, based on aesthetic factors or otherwise. The ACC may consider the visual impact of the proposed structure or equipment and the noise impact of the related activities upon all nearby Lots or Common Area. Any enclosure or cover used in connection with such a recreational structure or equipment whether temporary, collapsible,or seasonal, shall be treated as a permanent structure for purposes of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth herein for all buildings and structures. 5.1.8 Declarant (including any successor in interest to Declarant's status as Declarant) shall not be subject to the restrictions of this Section 5.1 as to any Lot owned by Declarant. 5.1.9 By majority vote, the ACC may adopt or amend architectural guidelines consistent with this Declaration for making its determinations hereunder. 5.1.10 No Structure shall be erected, altered, placed or permitted to remain on any Lot unless the Structure complies with the Plat, this Declaration and with applicable building codes. The ACC may require that the Owner furnish the ACC with evidence that all necessary permits have been obtained from the City for any work on a Lot for which ACC approval is required under this Section prior to commencement of the work. Section 5.2 Tree Removal. The Association is responsible for the maintenance of all trees within the Street Landscaping. Owners may not remove any trees or other plantings located within the Street Landscaping. If an Owner wishes to remove any tree that is part of the Yard Landscaping and that is eight inches or greater in diameter at breast height,the ACC must approve the removal of the trees. The ACC may require the report of an arborist attesting that a tree is unhealthy or that it presents a hazard to person or property. All requests must be submitted for approval to the ACC in duplicate at least 30 days prior to the proposed removal date. In the event the ACC fails to approve or disapprove such removal PP Pp within 30 days after the request has been submitted to it, the ACC approval will be deemed to have given. In the event of an emergency notice should be given to the ACC as soon as practicable and the ACC shall provide a prompt response. In addition to ACC approval no tree may be removed from any Lot without complying with City of Renton tree removal permit requirements. No trees or other vegetation within the NGPAs may be cut,pruned or removed without the permission of the City of Renton. Section 5.3 Declarant Facilities. Notwithstanding any provision in this Declaration to the contrary, Declarant and its agents, employees and contractors shall be permitted to maintain during the period of sale of Lots or Homes upon such portion of the Property (other than Lots sold by Declarant)as Declarant may choose,such facilities as in the sole opinion of the Declarant may be reasonably required,convenient or incidental to the construction, sale or rental of Lots and Homes, including but not limited to a business office,storage area, signs, DECLARATION OF COVENANTS,CONDmONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 14 model units, sales office, construction office and parking areas for all prospective tenants or purchasers of Declarant. Article 6. MAINTENANCE OBLIGATIONS OF OWNERS/USE RESTRICTIONS/ EASEMENTS Section 6.1 Home and Yard Maintenance. Except for such maintenance and repairs which are to be performed by the Association pursuant to the provisions of this Declaration, each Owner, at said Owner's cost and expense, shall promptly and continuously maintain, repair,replace and restore the Home, Structures, and other improvements on the Owner's Lot in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable laws, the provisions of this Declaration, and any rules and regulations of the Association. If any Owner fails to maintain, repair, replace or restore the Owner's Home, Structures,and other improvements located on the Lot, or the Lot itself,the Association may, after Notice and Opportunity to be Heard, at the Owner's cost and expense, maintain, repair, replace or restore such items or areas and the Owner shall pay or reimburse the Association on demand for all such costs and expenses. Each Owner is responsible for irrigation for the yard and landscaped areas of such Owner's Lot and shall maintain the yard, landscaping and plantings on the Lot. All trees,hedges,shrubs,and flowers shall be kept in an attractive,neat, trimmed and pruned condition. Section 6.2 Restrictions on Storage; Use of g , Garage. No Owner may store or allow any occupant or tenant to store any trailers, boats, motor homes, recreational vehicles, motorcycles, or trucks over two tons (except those used by Declarant in connection with the development of the Property or construction of the Homes) or any disabled or inoperable motor vehicle on the Property unless y any such vehicle is completely enclosed and hidden from view within a garage or within such other enclosure as may be approved in advance by the ACC. Garages must be used for the primary purpose of parking vehicles. Owners may not use garages for storage or other purposes in a way that interferes with the daily use of the garage for parking vehicles, provided that this restriction shall not apply for the first 90 days after a new Owner moves into a Home. Motor homes, trailers, campers, boats and other recreational vehicles may not be kept in driveways or parking spaces except on a temporary basis for loading or unloading, subject to such rules and regulations concerning parking'as may be adopted by the Board. No in-operative vehicle of any type may remain in any driveway or public road for more than 72 hours. Violations of this Section shall subject such vehicles to impound, at the expense and risk of the owner thereof. The Association may adopt rules and regulations to implement these restrictions and provide guidance to Owners. Section 6.3 Roads and Sidewalks. The public roads and sidewalks located in Alder Crossing shall be used exclusively for normal access, ingress and egress, and no obstructions shall be placed thereon. Parking is not allowed in alleys due to their width. Parking is allowed only on one side of the interior public roads (excluding alleys) regardless of whether those roads are signed or striped for parking. Parking is not allowed on the sidewalks or DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 15 planter strips. No vehicles may be parked in driveways that are Iess than 15 feet in depth.No vehicle parked in any other driveway may extend into the street,alley or sidewalks of Alder Crossing or otherwise inhibit vehicular or pedestrian traffic or access to any Home. Section 6.4 Residential Use and Home Occupations. The Lots and Structures located thereon may be used only for(i)residential purposes,including sleeping, eating, food preparation for on-site consumption by occupants and guests, entertaining by occupants or personal guests, and similar activities commonly conducted within a residential dwelling (without regard to whether the Owner or occupant uses the Home as a primary or secondary personal residence, on an ownership, rental, lease or invitee basis) or such other reasonable ancillary purposes commonly associated with residential dwellings and otherwise in compliance with this Declaration and all applicable laws for residential dwellings; or(ii) use as a home office or(iii)use for a home business that does not create safety, traffic or parking problems, obtrusive noise, or otherwise violate this Declaration; (iv) the common social, recreational or other reasonable uses of the Community; (v) purposes of operating the Association and managing the Property, or (vi) the business of the Declarant in developing and selling Homes or Lots. Section 6.5 No Nuisances. No noxious or offensive conditions shall be permitted upon any Lot or improvement thereon, nor shall anything be done thereon which is or may become an annoyance or nuisance to other occupants on the Property. Section 6.6 Restriction on Further Subdivision. No Lot, or any portion of a Lot in the Property, shall be divided and sold or resold, or ownership changed or transferred whereby the ownership of any portion of the Property shall be less than the area required for the use district in which the Property is located; provided, the foregoing shall not prohibit deeds of correction,deeds to resolve boundary disputes and similar corrective instruments. Section 6.7 Garbage and Trash Removal. No Lot, Common Area or other portion of the Property may be used as a dumping ground for rubbish,trash, garbage, litter,junk and other debris. All garbage, trash and yard waste must be placed in appropriate sanitary containers for regular disposal or recycling. Each Owner shall be responsible for the prompt and regular disposal of all of garbage, trash, junk and yard waste from the Owner's Lot. Containers for garbage, trash and yard waste may be placed in public view only on the designated collection day. Section 6.8 Animal Restrictions. No insects, reptiles, poultry or animals of any kind shall be raised, bred or kept in or on any Home or Lot or on any Common Area, except that domesticated dogs, cats or other usual household pets (hereinafter referred to as "pets") may be kept on the Lots subject to rules and regulations adopted by the Board. All pets when outside a Home shall be kept on an adequate leash or otherwise prevented from leaving the Lot by a person capable of controlling the pet at all times,by fencing or by a suitable invisible electronic confinement system not dangerous to humans. Pets shall not be allowed to leave excrement on any Lot or on any portion of the Property nor shall they be allowed to bark DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 16 continuously or make disturbing noises. Any Owner whose pet violates these provisions or who causes any unreasonable noise or damage to persons or property shall be liable to all such harmed Owners and their families, guests, and invitees. The Board may, after Notice and Opportunity to be Heard, require the removal of any pet which the Board finds is disturbing other Owners unreasonably, and may exercise this authority for specific pets even though other pets are permitted to remain. Section 6.9 Signs. No signs shall be displayed to public view on any Lot except(i) one professionally created sign of not more than one square foot displaying the property address and/or resident's name; (ii) one sign of not more than five square feet advertising the Lot for sale or rent; (iii) signs used by Declarant or other home builders to advertise Lots or Homes for sale; (iv)political yard signs displayed prior to any primary or general election, (v) outdoor display of the flag of the United States if the flag is displayed in a manner consistent with federal flag display laws,or(vi)the permanent entry monument signs,and fire lane,road and directional signs for the Property. The Association may adopt reasonable rules and regulations concerning the placement and manner of display of political yard signs,and of the flag of the United States consistent with federal flag display laws. This Section shall not apply to Declarant. Section 6.10 Renting and Leasing. 6.10.1 The Owner (except for a lender in possession of a Lot and improvements located thereon following g a default in a first Mortgage, a foreclosure or deed of trust sale or other proceeding, any arrangement in lieu of a foreclosure) shall be prohibited ted from leasing or renting less than the entire Home, and for any term less than 30 days, and all leasing or rental agreements shall be in writing and be subject to this Declaration, the Articles and Bylaws, with a default of the tenant in complying with this Declaration, the Articles or Bylaws constituting a default under such lease or rental agreement. 6.10.2 If a Home is rented by its Owner, the Board may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for such Home as is required to pay any amounts due the Association hereunder, plus interest and costs, if such amounts are in default over 30 days. The renter or lessee shall not have the right to contest payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent to the extent such rent is paid to the Association, but will not discharge the liability of the Owner (and the Home under this Declaration) for assessments and charges or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Home or its Owner, or in derogation of any rights which a Mortgagee of such Home may have with respect to such rents. Other than as stated herein,there are no restrictions on the right of any Owner to lease or otherwise rent his Home. DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 17 Section 6.11 Temporary Residence. No mobile home or modular home shall be permitted on any Lot. No trailer, outbuilding, tent, shack, garage, shed or temporary building of any kind shall be used as a residence either temporarily or permanently, except for trailers used by Declarant,builders,or contractors during the construction period. Section 6.12 Satellite Dishes and Antennae. Except as approved by the ACC and subject to applicable federal and local laws, no antenna, satellite dish or similar equipment shall be affixed to the exterior of any Structure or otherwise placed on any Lot. In order to minimize the visibilityof such devices from other Lots and from theublic streets the ACC CC may regulate the location, size and color of such devices, and may require screening of any antenna,satellite dish or similar equipment to the maximum extent allowed under federal law. Section 6.13 Governmental Requirements. All Structures and other Lot improvements must comply with the requirements of the Plat and with all applicable statutes, ordinances, regulations and government requirements including, without limitation, zoning building and environmental regulations applicable to the Property. In the event of any conflict between any provision of such governmental regulations and restrictions of this Declaration,the more restrictive provisions shall apply. Section 6.14 Use and Disposal of Hazardous Substances. The Owner of each Lot shall comply with all state, federal and local laws and regulations governing or in any way relating to the handling, storage, use, dumping, discharge or disposal of any hazardous substance or material. No Owner may dispose of or discharge any hazardous substance or materials on any Lot, Common Area,public street or other portion of the Property. Section 6.15 Completion of Projects. Any Structures or improvements, including any repairs or replacement thereof, constructed on any Lot shall be completed as to external appearance, including finish painting, within six months from the commencement of construction except for reasons beyond the control of the Owner, in which case a longer period may be permitted by the ACC. This period may be extended by the ACC due to inclement weather. Section 6.16 Mailboxes. Each of the mailboxes and mailbox structures shall be placed in locations approved by the United States Postal Service. Owners may not damage or otherwise interfere with a mailbox structure. Section 6.17 Outdoor Fires. Outdoor barbecues may be used for cooking on the Lots when permitted by law. Reasonable and adequate precautions against fires must be taken. Excessive smoke or soot accumulation from fires shall not be allowed. No other outdoor fires shall be permitted on the Property, except for fires by Declarant or contractors for burning construction wastes where all necessary government permits have been obtained. Section 6.18 Screened Service Areas. Unsightly items must be hidden from view within a Home or garage or within a fenced or screened area where they will not be seen from DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 18 any Lot or road. Unsightly items shall include,but shall not be limited to,garbage and trash, clothes lines, bicycles, recreational gear, outdoor maintenance equipment, firewood and ladders. The design and materials used for any fenced or screened area shall be consistent with the general appearance of the Home and must receive prior approval from the ACC. Section 6.19 Damage and Repair of Property. Upon any Substantial Damage (as defined below)to any Home or Lot, the Owner shall promptly restore and Repair(as defined below) the Home to substantially the same size and design as the original Home. The prior written consent or vote of the Board and a majority of the total votes entitled to be cast by the Owners of the Lots is required to rebuild in accordance with a plan that is different from the original plan or as modified by alterations approved by the Board. As used in this Section, Substantial Damage shall mean that in the judgment of a majority of the Board the estimated damage for the Home exceeds ten percent of the full, fair market value of the Home before the damage occurred, as determined by the then current assessment for the purpose of real estate taxation. For all restoration and repair less than Substantial Damage, the Owner must follow the procedures outlined in Article 5. Section 6.20 Native Growth Protection Areas. Tracts A and B are Native Growth Protection Areas as set forth on the Plat. Except as set forth in Section 6.24,any alteration of an NGPA, including the removal,pruning, or alteration of trees and vegetation is prohibited without the express approval of the City of Renton. Section 6.21 Driveway Maintenance Easements. Certain Lots mayhave driveways y that abut or are close to the boundary line of the adjacent Lot. Declarant hereby creates an easement in favor of each Lot that has any portion of a driveway within one foot of the common boundary line of an adjacent Lot. The easement shall be for the purpose of maintenance, repair or replacement of the driveway on the benefited Lot and shall exist over and across that portion of the adjacent Lot that is reasonably necessary for such maintenance, repair or replacement. The benefited Owner must repair any damage to the adjoining Lot and must restore the adjoining Lot to a condition similar to that immediately before use of the adjoining Lot. Section 6.22 Private Fence Easement. Declarant has or may construct certain rockeries,walls and fences between Homes on adjoining Lots. The intention of the Declarant is that each fence, rockery and wall, when constructed, shall be wholly on one Lot or tract, and immediately adjacent to, but not on, the common property line with any adjoining Lot. Due to obstructions or topography, however, Declarant may not have placed each fence, wall or rockery wholly within a Lot or immediately adjacent to a common property line. Therefore, Declarant reserves an easement for Declarant, one foot wide on each side of each Lot boundary line for the placement of fences, rockeries and walls, and also reserves an easement for Declarant, the Association and each Lot Owner five feet wide on each side of fences, rockeries and walls installed by the Declarant for maintenance as long as the fence, rockery or wall exists. The Association shall have the right to maintain, repair and replace any portion of a fence,rockery or wall located on any part of an Association Maintained Area, DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 19 and shall have reasonable access over any adjoining Lot for such purposes. The Owners of Lots on each side of a fence,wall or rockery installed by Declarant shall be jointly responsible to maintain them in good condition to the standard required by Section 6.1 of this Declaration. Subject to ACC approval, the Owners shall jointly make decisions concerning any modification, alteration, repair, replacement or removal of the fence, wall or rockery. Each Owner may, however, paint or stain its side of any fence without the consent of the other Owner. Neither the location of any fence, wall or rockery installed by Declarant within the easement area,nor the conduct of an Owner in maintaining the land between a fence,wall or rockery on an adjoining Lot or on the common property line shall be construed as modifying the common property line between the two as set out on the Plat. In the event an Owner installs a fence, rockery or wall wholly on Owners Lot after obtaining necessary ACC and other approvals, that Owner shall be responsible for maintaining, repairing and replacing all portions thereof and shall have reasonable access over the adjoining Lot for such purposes. Section 6.23 Sensitive Area and Other Fences. The Declarant has installed split-rail fences along the wetland buffers in Tracts A and B. These fences are part of the Association Maintained Area and no owner may modify or remove any such fence. The Association shall have a perpetual easement over those Lots as needed to maintain such fences and a right of access thereto. Section 6.24 Wetland Mitigation Monitoring, Maintenance and Replacement. The Association shall be responsible for monitoring, maintenance and replacement of the NGPE wetland buffer mitigation plants in Tracts A and B, including all costs therefore. The Association has entered into a contract with a wetland biologist for performance of monitoring obligations for the wetland mitigation plantings for a period of five years, including the filing of monitoring reports with the City. The contract does not include the costs of maintenance or replacment. The implementation costs of the contract, and the costs of wetland plant maintenance, including necessary weeding and plant replacement, are the responsibility of the Association. All such costs shall be paid by the Association and assessed equally to all Lots. In the event that the Association fails to perform some or all of the obligations hereunder as required by the contract and the City,the Declarant may perform the same and the Association shall be responsible for all costs and fees incurred by the Declarant in the performance thereof. The Declarant shall have an easement over Tracts A and B, together with ingress and egress thereto, in order toperform . the obligations hereunder in the event the Association fails to do so. Article 7. ASSESSMENTS Section 7.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of a Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided in this Declaration. Such assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall also be a charge on the Iand and shall be a continuing lien upon the Lot against which each such assessment is made. DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 20 Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successor title unless the lien for such delinquent assessments had been properly recorded prior to title transfer or unless expressly assumed by that party. When ownership of a Lot changes, assessments payable in installments which have been established for the current fiscal year shall be prorated between the Buyer and Seller based on a 365 day year. Section 7.2 Liability for Assessments. Any assessments which may be levied from time to time pursuant to the authority of the Board shall be established in accordance with this Article 7. The obligation to pay assessments shall commence as to each Lot after the Board first determines a budget and levies assessments, and after the Lot is first conveyed to an Owner other than Declarant. The first annual General Assessment levied on each Lot shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence against the Lot. No Owner may exempt himself or herself from liability for his assessments by abandoning the Owner's Lot. Section 7.3 Association Budget. The Board shall prepare, or cause the preparation of, and adopt a budget for the Association at least annually, in accordance with generally accepted accounting principles. The operating budget shall set forth sums required by the Association, as estimated by the Board, to meet its annual costs and expenses, including any contribution to reserves. Within thirty days after adoption by the Board of any proposed 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 nor more than sixty days after delivering a notice of the meeting and a summary of the budget to the members of the Association. Unless a majority of members of the Association who are present at the meeting reject the budget,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. Section 7.4 Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, other than the costs set forth in Sections 7.7 and 7.8, the Board may determine and levy a General Assessment equally against every Lot that is subject to assessment hereunder. In determining the General Assessment rate per Lot,the Board may consider any assessment income expected to be generated from any additional Lots reasonably anticipated to become subject to assessment during the fiscal year. Section 7.5 Amount of General Assessment. The Board shall make reasonable efforts to determine the amount of the General Assessment payable by each Owner for an assessment period at least 30 days in advance of beginning of such period. Notice of the General Assessment shall thereupon be sent to each Owner subject to assessment; provided, however,that failure to notify an Owner of the amount of an assessment shall not render such DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 21 assessment void or invalid. Any failure by the Board,before the expiration of any assessment period, to fix the amount of the General Assessment hereunder for 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. Section 7.6 Assessment Period. The General Assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Board of the operating budget during the assessment period for which each budget was prepared,the Board shall, if necessary, revise the General Assessment levied against the Owners and give notice of the same in the same manner as the initial levy of a General Assessment for the assessment period. Section 7.7 Levy of Special Assessments. In addition to the General Assessments authorized by this Article, the Association may levy Special Assessments at any time against all Lot Owners, applicable to that year only,for the purpose of covering unbudgeted expenses or expenses in excess of those budgeted; provided, however, that any such assessment must have the prior favorable vote of a majority of each class of Members. The amount of each Owner's Special Assessment for any year shall be calculated like the General Assessment, except that the total Special Assessment shall be substituted for the operating budget amount and shall be payable in one or more installments,as determined by the Board. Section 7.8 Levy of Specific Assessments. In addition to the General and Special Assessments authorized by this Article, the Association may levy Specific Assessments against a particular Lot or Lots as follows: (i) the costs of the Association for the maintenance, repair or reconstruction of any portion of the Association Maintained Area that is allocated to fewer than all the Lots as set forth in Exhibit B, (ii) the costs incurred by the Association to bring the Owner's Lot into compliance with this Declaration or the other governing documents, and (iii) the costs, including overhead and administrative costs of providing services to Lots upon request of an Owner pursuant to any menu of special services which may be offered by the Association. Special Assessments may be levied either before or after the work is done,in the discretion of the Board. Section 7.9 Manner and Time of Payment. Assessments shall be payable in such reasonable manner as the Board shall designate. The Board may require that any assessment or installment thereof which remains unpaid for at least 15 days after the due date to thereof shall bear interest at the rate of 12%per annum, and the Board may also assess a late charge in an amount not exceeding 18% of any unpaid assessment which has been delinquent for more than 30 days Section 7.10 Declarant's Option to Fund Budget Deficits. Until assessments have commenced on all Lots, the Declarant may satisfy its obligation for assessments, if any, on Lots that it owns either by paying such assessments in the same manner as any other Owner, or by paying the difference between the amount of assessments levied on all other Lots DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 22 any resolutions authorizing expenditures of Association funds shall be available for examination by any Owner at convenient weekday hours. Section 7.16 Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Board (or an authorized agent thereof, if neither the president nor treasurer is available) stating the indebtedness for assessment and charges or lack thereof secured by the assessments upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate,in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any Mortgagee of a Lot within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any Mortgagee holding a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and, upon such payment,shall have a lien on such Lot for the amounts paid of the same priority as its lien. Section 7.17 Foreclosure of Assessment Lien;Attorneys Fees and Costs. The Board (or authorized agent),on behalf the Association,may initiate an action to foreclose the lien of, or collect any assessment.. In any action to foreclosure the lien of, or otherwise collect delinquent assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action, in addition to all costs permitted by law. Said liens may be foreclosed as a mortgage. Section 7.18 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a notice of assessment has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the notice and all other assessments which have become due and payable following the date of such recordation with respect to the Lot to which such notice of assessment was recorded,together with all costs, late charges and interest which have accrued thereon. A fee of twenty-five dollars($50.00)or such other amount as may from time to time be set by the Board covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction and release of the lien created by the notice of assessment shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purpose of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the notice of assessment and any efforts to collect the delinquent assessments, including a reasonable sum for attorneys' fees and costs. Section 7.19 Delinquent Assessment Deposit; Working Capital. 7.19.1 A Lot Owner may be required by the Board, from time to time, to make and maintain a deposit up to three months' estimated monthly assessments, which may be collected as are other assessments and charges. Such deposit shall be held in a DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 24 separate fund, be credited to the Lot owned by such Owner, and be for the purpose of establishing a reserve for delinquent assessments. 7.19.2 Resort may be had thereto at any time when such Owner is fifteen days or more delinquent in paying his or her monthly or other assessments and charges. Said deposits shall not be considered as advance payments of regular assessments. In the event the Board should draw upon said deposit as a result of a Lot Owner's delinquency in payment of any assessments,the Owner shall continue to be responsible for the immediate and full payment of said delinquent Assessment(and all penalties and costs thereon)and thus the full restoration of said deposit, and the Board shall continue to have all of the rights and remedies for enforcing such assessment payment and deposit restoration as provided by this Declaration and by law. 7.19.3 Upon the sale of a Lot, the seller/Owner thereof shall not be entitled to a refund from the Association of any deposit or reserve account made or maintained with respect to such Lot pursuant to this or any other section of this Declaration; rather,any such deposit or reserve account shall continue to be held by the Association for the credit of such Lot, and the seller/Owner shall be responsible for obtaining from the purchaser appropriate compensation therefore. 7.19.4 The first purchaser of any Lot shall pay to the Association, in addition to other amounts due, an amount equal to three months of monthly assessments as an initial contribution to the Association's working capital. Such working capital contributions shall not be used to defray Declarant's expenses in completing the construction or development of the Property, to pay Declarant's contributions to Association reserves or to make up any deficits in the budget of the Association. Article 8. COMPLIANCE AND ENFORCEMENT Section 8.1 Enforcement. 8.1.1 Each Member, Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the Association(as the same may be lawfully amended from time to time). A claim for damages or injunctive relief,or both,may be filed by the Board(acting through its officers on behalf of the Association and the Owners) or by the aggrieved Owner on his own, against the party (including an Owner or the Association) failing to comply. In addition, the City shall have the right to enforce the provisions of the Plat, and related provisions of this Declaration, relating to the maintenance obligations of the Association as a third party beneficiary, as provided in Section 14.6. 8.1.2 In any action or arbitration to enforce the provisions of Section 8.1 or any other provision of this Declaration,the Articles or the Bylaws,the prevailing party DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 25 in such action or arbitration shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for prosecution of said action or arbitration,in addition to all costs permitted by law. Section 8.2 No Waiver of Strict Performance. The failure of the Board or Declarant, as applicable, in any one or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant,condition or restriction shall remain in full force and effect.No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. Section 8.3 Remedies Cumulative. The remedies provided herein are cumulative, and the Board may pursue them concurrently, as well as any Other remedies which may be available under law,although not expressed herein. Article 9. LIMITATION OF LIABILITY Section 9.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, or authorized agent(s) has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person,no person shall be personally liable to any Member, or otherart p Y includin the Association,for anydamage,loss orre'udice suffered or claimed on account of P J any act, omission, error, negligence (except gross negligence), any discretionary decision or failure to make a discretionary decision, by such person in such person's official capacity; provided, however, that this Section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bond obtained by the Board pursuant to Article 4 or Article 12 hereof. Section 9.2 Indemnification. Each Board member or Association committee member, or Association Officer, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may be party,or in which he or she may become involved,by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct, or gross negligence or a knowing violation of law in the performance of his or her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; provided, however, that in the event of a settlement, indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Association. Nothing contained in this Section 9.2 shall,however,be deemed to obligate the Association to DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 26 indemnify any Member who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him or her under and by virtue of the Declaration as a Member or Owner of a Lot. Article 10. MORTGAGEE PROTECTION Section 10.1 Priority of Mortgages. A Mortgagee, or other purchaser of a Lot, who obtains ownership of a Lot as a result of foreclosure or deed in lieu thereof will not be liable for any assessments accruing before such ownership but shall be liable for any assessment accruing after such ownership. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Lot Owners including such owner, his successor and assigns. For the purpose of this Article, the terms "Mortgage" and "Mortgagee" shall not mean a real estate contract (or the vendor there under), or a mortgage or deed of trust (or mortgagee or beneficiary there under) securing a deferred purchase price balance owed with respect to a sale by an individual Lot Owner other than Declarant. Section 10.2 Effect of Declaration Amendments. No amendment of this Declaration shall be effective to modify, change or limit or alter the rights expressly conferred upon Mortgagees in this Declaration with respect to any unsatisfied Mortgage duly recorded at the time the amendment is approved unless the holder of the Mortgage has consented in writing to the amendment in writing. Any provision of this Article conferring rights upon Mortgagees which is inconsistent with any other provision of this Declaration shall control over such other inconsistent provisions. Section 10.3 Rights of Lien Holders. A breach of any of the provisions, conditions, restrictions, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide mortgage made in good faith for value on any Lots; provided, however,that any subsequent owner of the Lot shall be bound by these provisions whether such owner's title was acquired by foreclosure or trustee's sale or otherwise. Section 10.4 Copies of Notices. If the first mortgagee of any Lot has so requested of the Association in writing, the Association shall give written notice to such first mortgagee that an Owner/mortgagor of a Lot has for more than 60 days failed to meet any obligation under this Declaration. Any first mortgagee shall, upon written request, also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend such meetings. Section 10.5 Furnishing of Documents. The Association shall make available to prospective purchasers, mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws, and other rules governing the Property, and the most recent balance sheet and income/expense statement for the Association,if any has been prepared. DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 27 Article 11. ABANDONMENT OF SUBDIVISION STATUS Section 11.1 Duration of Covenants. The covenants contained herein shall run with and bind the land and be perpetual, unless modified by an instrument executed in accordance with Article 12. Section 11.2 Abandonment at Subdivision Status. The Association shall not,without the prior written approval of the governmental entity having jurisdiction over the Property and without prior written approval of 100% of all first Mortgagees and Owners (other than the sponsor, developer or builder) of record, seek by act or omission to abandon or terminate the subdivision status of the Property as approved by the governmental entity having appropriate jurisdiction over the Property. Article 12. AMENDMENT OF DECLARATION OR PLAT Section 12.1 Declaration Amendment. Amendments to this Declaration shall be made by an instrument in writing and shall set forth the entire amendment. Until the termination of the Class B Control Period,this Declaration may be amended by an instrument executed by Declarant. Thereafter, except as set forth in Section 12.3 of this Declaration, amendments must be approved by Owners,including Declarant,having over 67%of the votes in the Association. The members' approval may be obtained by a special vote of the members at a meeting of the Association,or the written consent of the requisite percentage of members. The amendment shall be executed by the president and secretary of the Association who shall certify that the requisite vote or consent has been obtained. Notwithstanding any of the foregoing, the prior written approval of 51% of all first Mortgagees who have requested notification from the Association of amendments shall be required for any material amendment to the provisions of the Declaration or the Bylaws regarding any of the following: voting rights; assessments, assessment liens, and subordination of such liens; reserves for maintenance, repair, and replacement of Common Area or Association Maintained Area; insurance or fidelity insurance; responsibility for maintenance and repair; leasing of Lots other than set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer his Lot; a decision by the Association to establish self-management when professional management has been required previously by the Mortgagees; or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of first Mortgages. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein which may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. In addition, the written approval of the City shall be required for any amendment to the provisions of this Declaration relating to the maintenance obligations of the Association set forth in the Plat,as provided in Section 14.6. DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 28 Section 12.2 Plat. Except as otherwise provided herein,the Plat may be amended by revised versions or revised portions thereof referred to and described as to affect an amendment to the Declaration as adoptedprovided for in Section P 12.1. any Co ies ofsuch P amendment to the Plat shall proposed a l be made available for the examination of every Owner. Such an amendment to the Plat shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in the appropriate city or county offices in conjunction with the Declaration amendment. Section 12.3 Amendments By Declarant. Notwithstanding anything to the contrary contained herein,the Declarant reserves the right to amend this Declaration, the Articles and the Bylaws and the Plat until Declarant no longer owns any Lot in the Property without the consent of any Owners, Mortgagees or other persons claiming an interest in the Property or the Association if such amendment is needed to (i) bring the document into compliance with any rule, regulation or requirement of the Federal Housing Administration, the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation or local or state governments;(ii)make corrective changes;(iii)reflect the actual location,dimensions or characteristics of the constructed improvements; (iv) reflect the proper location of boundary lines of the Lots, Tracts or Common Area; (v) establish,vacate or relocate any easements; or (vi)change the person who is to receive service of process for the Declarant. Article 13. INSURANCE Section 13.1 Association Insurance. The Board shall cause the Association to purchase and maintain at all times as a common expense a policy or policies necessary to provide comprehensive liability insurance; fidelity insurance, to the extent reasonably available; worker's compensation insurance, to the extent required by applicable laws; insurance against loss of personal property of the Association by fire, theft or other causes with such deductible provisions as the Board deems advisable;and such other insurance as the Board deems advisable. The Board may also, in its sole discretion, cause the Association to purchase and maintain insurance,if available,for the protection of the Association's directors, officers and representatives from personal liability in the management of the Association's affairs. The Board shall review at least annually the adequacy of the Association's insurance coverage. All insurance shall be obtained from insurance carriers that are generally acceptable for similar projects and licensed to do business in the state of Washington. All such insurance policies and fidelity bonds shall provide that coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least 30 days' prior written notice to any and all insureds named therein, including Owners,holders of mortgages,and designated servicers of mortgagees. Section 13.2 Owners' Insurance. 13.2.1 All Owners shall obtain and maintain property insurance, liability insurance, and such other insurance as is required herein and as the Board deems DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 29 advisable. All insurance shall be obtained from insurance carriers that are generally acceptable for similar residential properties and authorized to do business in the state of Washington. All such insurance policies shall provide that coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least 30 days' prior written notice to the Association to the extent reasonably available. All Owners shall provide the Association with proof of insurance upon the request of the Association. 13.2.2 The property insurance maintained by each Owner shall, at the minimum, provide all risk or special cause of loss coverage in an amount equal to the full replacement cost of each Home and all fixtures and improvements located thereon, with such reasonable deductibles and exclusions from coverage as the Board may from time to time approve or by rule or regulation establish. 13.2.3 The liability insurance coverage maintained by each Owner shall cover liability of the insureds for property damage and bodily injury and death of persons arising out of the operation, maintenance, and use of the Lot and such other risks as are customarily covered for similar residential properties with a limit of liability of at least $300,000. 13.2.4 Any portion of the Home or Lot for which insurance is required under this Article which is damaged or destroyed shall be repaired or replaced promptly by the Owner pursuant to Section 6.23 unless the subdivision is terminated or repair or replacement would be illegal under any state or local health or safety statute or ordinance. Article 14. MISCELLANEOUS Section 14.1 Notices. 14.1.1 Any written notice or other documents as required by this Declaration may be delivered personally or by certified mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received 48 hours after a copy thereof has been deposited in the United States mail,postage prepaid,addressed as follows: 14.1.1.1 If to a Member,other than Declarant: to the mailing address of such Member maintained by the Association,pursuant to the Bylaws. 14.1.1.2 If to Declarant,whether in its capacity as a Member,or in any other capacity,the following address(unless Declarant shall have advised the Board in writing of some other address): CamWest Alder Crossing LLC DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 30 c/o CamWest Development,Inc. 9720 NE 120th Place, Suite 100 Kirkland,Washington 98034 14.1.1.3 Prior to the organization of the Association, notices to the Association shall be addressed as set forth above. Thereafter, notices to the Association shall be addressed to the official mailing address furnished by written notice from the Association. In addition, from and after the organizational meeting,notice of the address of the Association shall be given by the Board to each Owner,within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. Section 14.2 Conveyance: Notice Required. The rights of an Owner to sell, transfer • or otherwise convey his or her Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board, or anyone acting on their behalf. If a Lot is being sold, the Board shall have the right to notify the purchaser, the title insurance company, and the closing agent of the amount of unpaid assessments and charges outstanding against the Lot,whether or not such information is requested. Section 14.3 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives,grantees, lessees, sub lessees and assignees of the Member. Section 14.4 Joint and Several Liability. In the case of joint ownership of a Lot,the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners,set forth in or imposed by this Declaration,shall be joint and several. Section 14.5 Mortgagee's Acceptance. 14.5.1 This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of said Declaration but rather shall be subject and subordinate to said Mortgagee's Mortgage. 14.5.2 Declarant shall not convey title to any Lot until the Mortgagee of the Lot shall have made appropriate arrangements for partial release of the Lot from the lien of the Mortgage. The first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration as to all of the Lots that remain subject to its Mortgage; provided, that, except as to Lots so released, said Mortgage shall remain in full force and effect as to the entire Property. Section 14.6 City Rights. The maintenance obligations of the Association, as provided in the Declaration or on the Plat, may not be amended or terminated without the written approval of the City of Renton. The City shall be deemed to be a third party DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 31 L beneficiary of this Declaration, with the full right to enforce all provisions relating to the maintenance obligations of the Association set forth in the Plat. Section 14.7 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Section 14.8 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Property. Section 14.9 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. Section 14.10 Effective Date. The Declaration shall take effect upon recording. [Signature on following page] DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 32 IN WITNESS WHEREOF,Declarant has executed this Declaration on the day and year first herein above written. DECLARANT: CamWest Alder Crossing LLC, a Washington limited liability company By: CamWest Development,Inc. Its: Manager By y Eri . Cat ell, % President STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Eric H. Campbell is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the President of CamWest Development, Inc., the manager of CamWest Alder Crossing LLC a Washington limited liability company,to be the free and voluntary act of such company for the uses and purposes mentioned in the instrument. Dated this "3 day of Nr—•"10.,,T,l., ,2O °I ` . . , (Signature of Notary) iIStliP ►► _ (Legibly Print or Stamp Name of Notary) V : E Notary public in and for the state of Washington, 20 altof°�R residing at v o ��t►'•�: .:•••" 0 My appointment expires D DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) PAGE 33 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Alder Crossing according to the Plat thereof recorded in Volume of Plats,Pages ,under King County Recording Number • • DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) EXHIBIT A EXHIBIT B-1 OWNERSHIP AND MAINTENANCE RESPONSIBILITIES This table identifies the various lots,tracts,easements and other within the Property,who owns those portions or has an easement interest,who is responsible to maintain them,and how the maintenance costs are allocated in the Association dues. LOTS,TRACTS OR EASEMENTS PROPERTY MAINTAINED BY ASSESSED TO OWNER OR EASEMENT BENEFICIARY Individual Lots Owner Owner N/A* Public Water Mains,Sanitary Sewer,Storm City City N/A** System Easements and Facilities therein Tract A—NGPA Association Association All Lots*** Tract B—NGPA Association Association All Lots*** Tract C—Private Access and private drainage Owners of Lots Owners of Lots 28 N/A**** 28&29 &29 Tract D—Recreation/Detention Association Association All Lots Tract E—Recreation/Detention Association Association All Lots Tract F—Recreation/Detention Association Association All Lots Street Landscaping(excluding any entry Owner Association All Lots monument landscaping)located on Lots Yard Landscaping located on Lots Owner Owner N/A* Private Storm Drainage Easements and See Exhibit B-2 Owners of Lots N/A**** facilities therein for Lots Benefitted By (See Exhibit B-2 which describes easements Benefited by Easement(Grantee) shown on the Plat.) Easement Signage,Monuments and Landscaping(if Association Association All Lots any) * Items that are to be paid by individual Lot Owners. ** Items paid for by the City. *** Subject to Sections 6.20 and 6.24 of this Declaration. **** Subject to Section 2.8 of this Declaration. DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) EXHIBIT B EXHIBIT B-2 PRIVATE STORM DRAINAGE EASEMENTS 4. THE 5 FOOT DRAINAGE EASEMENT OVER, UNDER, AND ACROSS LOTS 42 THROUGH 44 AS SHOWN HEREON, IS FOR THE BENEFIT OF LOTS 41 THROUGH 44. LOTS 41 THROUGH 44 SHALL BE RESPONSIBLE FOR THE COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE DRAINAGE SYSTEM USED IN COMMON WITH THE EXCEPTION THAT OWNERS OF ANY LOWER PARCEL SHALL NOT BE RESPONSIBLE FOR THE STORM LINE ABOVE THEIR CONNECTION. 5. THE 5 FOOT DRAINAGE EASEMENT OVER. UNDER, AND ACROSS LOTS 47 AND 48 AS SHOWN HEREON, IS FOR THE BENEFIT OF LOTS 46 THROUGH 48. LOTS 46 THROUGH 48 SHALL BE RESPONSIBLE FOR THE COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE DRAINAGE SYSTEM USED IN COMMON WITH THE EXCEPTION THAT OWNERS OF ANY LOWER PARCEL SHALL NOT BE RESPONSIBLE FOR THE STORM UNE ABOVE THEIR CONNECTION. 6. THE 5 FOOT DRAINAGE EASEMENT OVER, UNDER, AND ACROSS LOTS 50 AND 51 AS SHOWN HEREON, IS FOR THE BENEFIT OF LOTS 49 THROUGH 51. LOTS 49 THROUGH 51 SHALL BE RESPONSIBLE FOR THE COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE DRAINAGE SYSTEM USED IN COMMON WITH THE EXCEPTION THAT OWNERS OF ANY LOWER PARCEL SHALL NOT BE RESPONSIBLE FOR THE STORM LINE ABOVE THEIR CONNECTION. 7. THE 5 FOOT DRAINAGE EASEMENT OVER, UNDER, AND ACROSS LOT 40 AS SHOWN HEREON, IS FOR THE BENEFIT OF LOTS 33 AND 40. LOTS 33 AND 40 SHALL BE RESPONSIBLE FOR THE COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE DRAINAGE STSTEM USED IN COMMON WITH THE EXCEPTION THAT OWNERS OF ANY LOWER PARCEL SHALL NOT BE RESPONSIBLE FOR THE STORM LINE ABOVE THEIR CONNECTION. 13. TRACT C IS A PRIVATE ACCESS TRACT FOR INGRESS, EGRESS, PRIVATE DRAINAGE AND UTILITIES FOR THE BENEFIT OF THE OWNERS OF LOTS 28 AND 29, OWNERSHIP OF LOTS 28 AND 29 WITHIN THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN TRACT C, AND AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT. DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(ALDER CROSSING) EXHIBIT B