HomeMy WebLinkAboutRC 20150821000326 Return Address: II 11111 n
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01, 7 CITY OF RENTON COV 88.00
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08/21/2015 09:17
KING COUNTY, WA
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Rec.
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS FOR
RENTON 7
THIS DECLARATION is made on this IL day of,Tu i�E'_ , 2015, by JayMarc at
Renton 9, LLC, a Washington limited liability company, referred to herein as"Declarant", which
is the owner of the real property now known as the Plat of Renton 7, situated in the City of Renton,
in King County, Washington.
The Declarant has created a non-profit corporation known as the Renton 7 Homeowners
Association. The Renton 7 Homeowners Association(hereafter referred to as"Association") shall
be delegated and assigned the duties and powers of owning,maintaining,and administering certain
Tracts and related facilities in the Plat, administering and enforcing these covenants, conditions
and restrictions, and collecting and disbursing the assessments and charges hereinafter created.
The Association shall also have the right and power to promulgate rules and regulations which
may further define and limit permissible uses and activities consistent with the provisions of this
Declaration.
NOW, THEREFORE, the undersigned hereby covenants, agrees, and declares that all of
the Plat as defined herein and the buildings and structures hereafter constructed thereon are, and
will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions,
and restrictions, for the purpose of enhancing and protecting the value, desirability, and
attractiveness of Renton 7 for the benefit of the Owners thereof, their heirs, successors, grantees,
and assigns.
ARTICLE 1 - DEFINITIONS
Section 1.1: Articles. "Articles" shall refer to the adopted Articles of Incorporation of
the Association as now or hereafter amended.
Section 1.2: Board. "Board" shall mean and refer to the board of directors of the
Association established pursuant to the Articles and Bylaws.
Section 1.3: Bylaws. "Bylaws" shall refer to the adopted Bylaws of the Association as
now or hereafter amended.
Section 1.4: [reserved]
Section 1.5: Committee. "Committee" is defined as the Architectural Control
Committee as provided in Article 6.
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Section 1.6: Declarant. "Declarant" shall mean and refer to JayMarc at Honeybrook,
LLC, its successors and assigns, if such successors and assigns should acquire all or substantially
all of the then undeveloped parcels of the Plat from Declarant for the purpose of development;
provided, however, that no successor or assign of Declarant shall have any rights or obligations
which are not specifically set forth in the instrument of succession or assignment or other recorded
instrument of passed by operation of law. Certain rights and obligations of Declarant, as set forth
herein, shall cease at the end of the Development Period.
Section 1.7: Declaration. "Declaration" shall mean and refer to this instrument, as the
same may be supplemented or amended from time to time.
Section 1.8: Development Period. "Development Period" shall mean and refer to that
period of time beginning on the date of initial recording of this Declaration and ending whenever
any of the following first occurs: (i) 3 years from the date hereof; or (ii) 2 months after title has
been transferred to purchasers of Lots representing ninety-five (95%) of the total voting power of
all Owners as then constituted; or (iii) written notice from Declarant to the Association in which
Declarant elects to terminate the Development Period. The "Development Period" may be
extended for a period of 5 years or longer at the sole option of Declarant.
Section 1.9. Governing Documents. "Governing Documents" shall mean and refer to this
Declaration, the Articles of Incorporation, the By-Laws of the Association, and the recorded Plat,
as any of the foregoing may be amended from time to time.
Section 1.10: Lot. "Lot" shall mean and refer to the lots as shown on the Plat as of
the date of this Declaration, as well as any future lots created through subdivision, short
subdivision, site plan approval, or any other legal process for dividing land with the Plat. The
word "Lot" as used herein excludes any parcel designated as a Tract on the recorded Plat, unless
and until that Tract is later legally divided into lots through subdivision, short subdivision, site
plan approval, or any other legal process for dividing land. Declarant hereby reserves the right to
divide Tract A into two Lots and the right to add additional adjacent property contained additional
Lot(s) to Renton 7.
Section 1.11: Mortgage. "Mortgage" shall mean and refer to any recorded mortgage or
deed of trust encumbering one or more of the Lots or Living Units. "First Mortgage" shall mean
and refer to a Mortgage with priority over other Mortgages. "Mortgagee" shall mean and refer to
the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees. As
used herein,the term"Institutional Mortgagees"or"Institutional Holder"shall include banks,trust
companies, insurance companies, mortgage companies, mortgage insurance companies, savings
and loan associations,trusts, mutual savings banks, credit unions,pension funds,Federal National
Mortgage Association ("FNMA"), Federal Home Loan Mortgage Corporation ("FHLMC"), all
corporations, and any agency or department of the United States Government or of any state or
municipal government.
Section 1.12: jre served]
Section 1.13: Owner. "Owner" shall mean and refer to the record owner(whether one or
more persons or entities) of a fee interest in any Lot but excluding mortgagees or other persons or
entities having such interest merely as security for the performance of an obligation. Purchasers
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or assignees under recorded real estate contracts shall be deemed Owners and their respective
sellers or assignors shall not be deemed Owners.
Section 1.14: Plat: "Plat"shall mean and refer to the approved short plat of Renton 7 as
recorded in Volume 3.2i , pages 150 to (5 ( under King County Recording Number
tat Sag z.1 9 00001.
Section 1.15: Tract A. "Tract A" shall mean and refer to the portion of the recorded Plat
which are is designated as a drainage tract and facility. It shall be owned in common by the lot
owners of Renton 7 but shall be maintained by the City of Renton following the City's acceptance
of the improvements following the Declarants maintenance period.
ARTICLE 2 HOMEOWNERS ASSOCIATION
Section 2.1. Description of Association. The Association is a non-profit corporation
organized and existing under the laws of the State of Washington charged with the duties and
vested with the powers prescribed by law and set forth in the Governing Documents, as they may
be amended from time to time. No Governing Document other than this Declaration shall for any
reason be amended or otherwise changed or interpreted so as to be inconsistent with this
Declaration.
Section 2.2. Association Board of Directors. Declarant shall select an initial Board of
Directors of not fewer than 3p ersons who need not be Owners. The initial Board shall have the
full authority and all rights,responsibilities,privileges,and duties to manage the Association under
the Governing Documents and shall be subject to all provisions of the Governing Documents. The
term of the initial directors of the Board shall expire as set forth in the Articles and Bylaws. The
Board shall elect officers of the Association, which shall include a president who shall preside
over meetings of the Board and meetings of the Association.
Section 2.3. Association Membership. Every Owner shall by reason thereof be a member
of the Association as set forth in the Articles and Bylaws.
Section 2.4. Votes Appurtenant to Ownership. Every Owner shall be entitled to vote in
accordance with the provisions of the Articles and Bylaws.
Section 2.5. Owner's Compliance with Governing Documents. By acceptance of a deed
to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership
interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner
thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns,
to observe and comply with all terms of the Governing Documents of the Association,and all rules
and regulations duly promulgated by the Board.
Section 2.6. Rules and Regulations. The Board shall have the power to adopt from time
to time and to enforce rules and regulations governing the use and maintenance of Lots and Tracts,
in addition to the use restrictions contained in this Declaration and whether or not expressly
contemplated herein, provided that such rules and regulations shall not be inconsistent with this
Declaration. The rules and regulations may not discriminate among Owners. The Association
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may prescribe penalties for the violation of such rules and regulations.. Any such rules and
regulations shall become effective 30 days after promulgation or amendment and shall be mailed
to all Owners within 30 days after promulgation or amendment. A copy of the rules and regulations
then in force shall be retained by the secretary of the Association and shall be available for inspec-
tion by any Owner during reasonable business hours. Such rules shall have the same force and
effect as if set forth herein.
Section 2.7. Architectural Control Committee. The Board shall establish and thereafter
continuously maintain an Architectural Control Committee to review and approve or disapprove
the details and written plans and specifications of all construction, including initial construction
other than new construction exempt pursuant to Section 5.1(a), additions or exterior alterations to
homes and accessory buildings, fences, walls, or other structures and all clearing or excavation of
Lots, or cutting of trees within the Plat,pursuant to Article 6 hereof.
The Board shall have the power to adopt from time to time and to enforce guidelines,
criteria, and procedures governing the Architectural Control Committee and the Owners'
compliance with the provisions of Article 6 hereof.
Section 2.8. Additional Committees. The Board of Directors shall have the authority to
create, from time to time, additional committees that the Board of Directors, in its sole discretion,
determines would be useful for the efficient and proper administration of the duties of the
Association. The Board may delegate such functions and duties to such committees as it deems
fit, provided that the Board shall retain the ultimate decision making authority on all issues
affecting the Association.
ARTICLE 3 -ASSOCIATION BUDGET,ASSESSMENTS,AND LIENS
Section 3.1. Owner's Covenant to Pay Assessments. By acceptance of a deed to a Lot,
execution of a contract therefore, or any other means of acquisition of an ownership interest,
whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof
covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay
the Association, in advance, all general and special assessments levied as provided herein.
Section 3.2. Association Budget. The Association shall prepare, or cause the preparation
of,an operating budget for the Association at least annually,in accordance with generally accepted
accounting principles and the procedures specified in the Bylaws. The operating budget shall set
forth all sums required by the Association,as estimated by the Association,to meet its annual costs
and expenses including, but not limited to, all management and administration costs of the
Association,operating and maintenance expenses of Tract A as may be required from time to time
and maintenance and irrigation of landscaped right of way areas within the neighborhood and
including along its frontage on Nile Ave SE and including, if appropriate, a general operating
reserve and a reserve for replacements. The funds required to meet the Association's annual
expenses shall be raised from a general assessment against each Owner as provided hereafter. The
Association may revise the operating budget after its preparation at any time and from time to
time, as it deems necessary or advisable in order to take into account and defray additional costs
and expenses of the Association.
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Section 3.3. Levy of General Assessment. In order to meet the costs and expenses
projected in its operating budget, the Association shall determine and levy in advance on every
Owner a general assessment. The amount of each Owner's general assessment shall be the amount
of the Association's operating budget divided among the Lots; provided that, any vacant Lot(s)
not yet liable for payment of assessments pursuant to Section 3.6 shall not be included in this
calculation. Notice of the proposed budget and estimated general assessment shall be sent to each
Owner as required by RCW ch. 64.3 8.025 as now or hereafter amended; provided, however, that
notification to an Owner of the amount of an assessment shall not be necessary to the validity
thereof The omission by the Association, before the expiration of any assessment period, to fix
the amount of the general assessments hereunder for that or the next period, shall not be deemed a
waiver or modification in any respect of the provisions of this Article or a release of any Owner
from the obligation to pay the general assessment, or any installment thereof, for that or any
subsequent assessment period, but the general assessments fixed for the preceding period shall
continue until a new assessment is fixed. Upon any revision by the Association of the operating
budget during the assessment period for which such budget was prepared, the Association shall, if
necessary, revise the general assessments levied against the Owners and give notice of the same
in the same manner as the initial levy of general assessments for an assessment period.
Section 3.4. Payment of General Assessment. As determined by the Board, installments
of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis.
Any Owner may prepay one or more installments on any assessment without discount or penalty.
Section 3.5. Non-Discriminatory Assessment. No assessment shall be made at any time
which may unreasonably discriminate against any particular Owner or group of Owners in favor
of other Owners.
Section 3.6. Commencement of Assessments; Limited Exemptions for Vacant Lots.
Liability of an Owner for assessments shall commence on the first day of the calendar month
following the date upon which any instrument of transfer to such Owner becomes operative
(such as the date of a deed, the date of a recorded real estate contract for the sale of any Lot, the
date of death in the case of a transfer by will or intestate succession, etc.) and shall terminate on
the date that the Owner transfers title to a new Owner, provided such transfer shall not relieve a
selling Owner from liability for assessments due prior to the close of such transfer. The due dates
of any special assessment payments shall be fixed by the Board when authorizing such special
assessment. The Board shall have the discretion to exempt Lots which are vacant from assessments
or portions of assessments attributable to improvements or work which does not benefit vacant
Lots.
Section 3.7. Special Assessments. In addition to the general assessments authorized by
this Article, the Association may levy a special assessment or assessments at any time for the
purpose of defraying, in whole or in part,the cost of any construction or reconstruction, inordinate
repair, or replacement of a described capital improvement or for such other purpose as the
Association may consider appropriate;provided,however,that any such assessment must have the
prior favorable vote of Owners representing two-thirds of the Lots affected by the special
assessment. If appropriate, the Association may levy a special assessment against a portion of the
Lots in cases where some but not all of the Lots would benefit by the special assessment, so long
as any such assessment shall have the favorable vote of Owners representing two-thirds of the Lots
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affected by the special assessment. The amount of each Owner's special assessment for any year
shall be the total special assessment for such year, divided by the sum of the number of Lots
affected by the special assessment, provided the Association may set different special assessment
rates for Lots if the Association determines that the benefit of the special assessment is different
for the Lots.
Section 3.8. Effect of Non-Payment of Assessment. If any assessment payment is not
made in full within 30 days after it was first due and payable, the unpaid amounts shall constitute
a lien against the Lot and shall bear interest from the date on which payment was first due and
payable at the rate applicable to judgments in Washington. By acceptance of a deed to a Lot,
execution of a contract therefore, or any other means of acquisition of an ownership interest, and
whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be
deemed to grant thereby to the Association, its agents and employees,the right and power to bring
all actions against such Owner personally for the collection of such assessments as a debt, and to
enforce the liens created by this Declaration in favor of the Association by foreclosure of the
continuing liens in the same form of action as is then provided for the foreclosure of a mortgage
on real property. The liens provided for in this Declaration shall be for the benefit of the
Association as a corporate entity, and the Association shall have the power to bid in at any lien
foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against.
Section 3.9. Lien to Secure Payment of Assessments. Declarant hereby creates in the
Association perpetually the power to create a lien in favor of the Association against each Lot to
secure to the Association the payment to it of all assessments, interest, costs, and attorneys' fees;
and Declarant hereby subjects all Lots perpetually to such power of the Association. Such lien
shall arise in accordance with the terms of this Declaration without the necessity of any further
action by the Association, and any such lien when created, shall be a security interest in the nature
of a mortgage in favor of the Association. Such lien shall become a continuing lien in the amount
stated in the assessment from the time of the assessment, and shall also be the personal obligation
of the person or entity who is the Owner of the Lot at the time of the assessment. The personal
obligation to pay a prior assessment shall not pass to successors in interest unless expressly
assumed by them, provided, however, that in the case of a sale or contract for the sale of any Lot
which is charged with the payment of an assessment the person or entity who is the Owner
immediately prior to the date of such sale shall be personally liable for the amounts of the monthly
installments due prior to said date, and the new Owner shall be personally liable for monthly
installments becoming due on or after such date. The foregoing limitation on the duration of the
personal obligation of an Owner to pay assessments shall not, however, affect the validity or
duration of the continuing lien for unpaid assessments against the respective Lot.
Section 3.10. Suspension for Non-Payment of Assessment. If an Owner shall be in arrears
in the payment of any assessment due, or shall otherwise be in default of the performance of any
terms of the Governing Documents for a period of 30 days, said Owner's voting rights shall
without the necessity of any further action by the Board, be suspended (except as against
foreclosing secured parties) and shall remain suspended until all payments, including interest
thereon, are brought current and any other default is remedied.
Section 3.11. Reserves for Replacement. As a common expense, the Association may
establish and maintain a reserve fund for replacement of any improvements and Association
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facilities thereon by the allocation and payment monthly to such reserve fund of an amount to be
designated from time to time by the Association. Such fund shall either be deposited with a
banking institution,the accounts of which are insured by any state or by any agency of the United
States of America or, in the discretion of the Association, be invested in obligations of, or fully
guaranteed as to principal by, the United States of America. The reserve fund shall be expended
only for the purpose of effecting the repair and replacement of improvements and Association
facilities in Tract A, in the neighborhoods right of way landscaping maintenance areas, and for
start-up expenses and operating contingencies of a nonrecurring nature. The Association may
establish such other reserves for such other purposes as it may from time to time consider necessary
or appropriate. The proportional interest of any Owner in any such reserves shall be considered
an appurtenance of that Owner's Lot and shall not be separately withdrawn, assigned, or
transferred, or otherwise separated from the Lot to which it appertains and shall be deemed to be
transferred with such Lot.
Section 3.12. Certain Areas Exempt. Tract A and all portions of the Plat dedicated to and
accepted by a public authority or other charitable or non-profit Association exempt from taxation
under the laws of the State of Washington, shall be exempt from assessments by the Association.
ARTICLE 4 - SUBORDINATION OF LIENS
Section 4.1. Intent of Provisions. The provisions of this Article 4 apply for the benefit of
each Mortgagee who lends money for purposes of construction or to secure the payment of the
purchase price of a Lot.
Section 4.2. Mortgagee's Non-Liability., The holder of a Mortgage shall not,by reason of
the security interest only, be liable for the payment of any assessment or charge, nor for the
observance or performance of any covenant or restriction, excepting only those enforceable by
equitable relief and not requiring the payment of money, and except as hereafter provided.
Section 4.3. Mortgagee's Rights During Foreclosure. During the pendency of any
proceeding to foreclose a Mortgage, including any period of redemption, the holder of the
Mortgage, or the receiver, if any, may exercise any or all of the rights and privileges of the Owner
of the encumbered Lot, including but not limited to the right to vote in the Association to the
exclusion of the Owner's exercise of such rights and privileges.
Section 4.4. Mortgagee as Owner. At such time as a Mortgagee shall become the record
Owner of the Lot or previously encumbered by the Mortgage, the Mortgagee shall be subject to
all of the terms and conditions of this Declaration, including the obligation to pay for all
assessments and charges in the same manner as any Owner.
Section 4.5. Mortgagee's Title Free and Clear of Liens. A Mortgagee or other secured
party acquiring title to a Lot through foreclosure,suit,deed of trust sale,deed in lieu of foreclosure,
or equivalent method,shall acquire title to the encumbered Lot free and clear of any lien authorized
by or arising out of the provisions of this Declaration, insofar as such lien secures the Payment of
any assessment or charge or installment due but unpaid before the final conclusion of any such
proceeding,excluding the expiration date of any period of redemption. The Association may treat
any unpaid assessments against a Lot foreclosed against as a common expense, in which case it
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shall prorate such unpaid assessments among the remaining Lots, and each such remaining Lot
shall be liable for its prorated share of such expenses in the same manner as for any other
assessment.
Section 4.6. Survival of Assessment Obligation. After the foreclosure of a security interest
in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the
Owner against whom the same was levied, and the Association shall use reasonable efforts to
collect the same from such Owner.
Section 4.7. Subordination of Assessment Liens. The liens for assessments provided for
in this Declaration shall be subordinate to the lien of any Mortgage or other security interest placed
upon a Lot as a construction loan securityinterest or as apurchase moneysecurityinterest, or
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refinancing thereof and the Association will, upon demand, execute a written subordination
document to confirm the particular superior security interest. The sale or transfer of any Lot, or
any interest therein, shall not affect the liens provided for in this Declaration except as otherwise
specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a
security interest, liens shall arise against the Lot for any assessment payments coming due after
the date of completion of foreclosure (excluding the expiration date of any period of redemption).
ARTICLE 5 - BUILDING AND LAND USE RESTRICTIONS
Section 5.1. Improvements. No Lot, dwelling, residence, outbuilding,
fence, wall, building, pool, deck, substantial landscaping, change in exterior paint color or other
structure or other improvement shall be erected, altered, placed or maintained on any Lot unless it
shall comply with the following:
(a) Prior to placing any such structure or making such improvement on
the Lot, the plans and specifications for the structure or improvement and a request for approval
shall be submitted to and approved by the Committee as provided in Article 6. When constructed
or placed on the Lot, the structure or improvement shall substantially conform to the plans and
specifications approved by the Committee. This provision shall not apply to the Declarant until all
homes are initially sold and occupied.
(b) Prior to making any change or alteration to the external appearance
of any existing improvement on a Lot, plans and specifications for the alteration and change shall
be submitted to and approved by the Committee as provided in Article 6. When made,the changes
or alteration shall substantially conform to the plans and specifications as approved by the
Committee. This provision shall not apply to the Declarant until all homes are initially sold and
occupied.
(c) Once started, the work of constructing, altering, repairing, or
reconstructing any structure or improvement on a Lot shall be diligently prosecuted until
completion thereof and in any event the exterior of the structure shall be completed and finished
within six months after the work first commences. In the case of landscaping improvements or
modifications, the work shall be completed within two months after the work first commences.
(d) All buildings and improvements on a Lot shall be of permanent
construction, and no temporary structure, trailer, mobile home, tent, garage, outbuilding or other
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similar device shall be placed on any Lot, except with the permission of the Committee. This
provision shall not apply to the Declarant during the Development Period.
(e) Lots shall be used solely for residential purposes and related
facilities normally incidental to a residential use. No building shall be erected, altered, placed or
permitted to remain on any Lot except for one (1) detached single family dwelling and permitted
accessory building.
(f) Accessory buildings which are appurtenant to the use of an existing
permanent residential building may be permitted on a Lot. Permitted accessory buildings may
include playhouses,tool sheds,doghouses,and gazebos. No permitted accessory building shall be
placed on a Lot unless the plans for the accessory building have been first approved as to the design
and location on the Lot by the Committee. The Committee may refuse to approve a permitted
accessory building if,in the exercise of the discretion of the Committee,the structure detracts from
the general visual appearance of the neighborhood or other homes. The location of a permitted
accessory building shall be located where it minimizes the visual impact and, as a general
guideline, shall be in the rear yard or side yard behind the front of the house. The Committee shall
not be bound by the guidelines, but may exercise its discretion in that respect. The Committee
may require visual screening of accessory buildings from adjacent Lots. Accessory buildings shall
not be easily visible from any street.
(g) All structures and improvements shall comply with the provisions
of the applicable Building Code, as amended from time to time, relating to setback requirements;
provided that nothing herein shall require removal of a building which was originally placed in
conformity with such Code because of change in the Code. The Applicant is responsible for
procuring all necessary permits.
(h) No exterior aerials,antennas,microwave receivers or satellite dishes
for television or other purposes shall be permitted on any Lot except as follows: The Committee
will not require prior approval as to placement and screening from residents who wish to install
satellite dishes (18" or less in diameter) in accordance with current FCC rulings. The Committee
recognizes the need to locate these dishes in a place that will allow the best reception possible,
however, residents are encouraged to consider aesthetics as well. Residents choosing to install
satellite dishes measuring larger than 18" in diameter are required to obtain approval form the
Committee prior to installation.
(i) All mailboxes are to be of uniform design as approved by the
Committee.
(j) Owners of fences shall be obligated to repair and maintain such
fences so that they are structurally sound and painted or stained from time to time as may be
necessary to maintain a reasonable appearance thereof. Owners of fences shall have the right to
enter adjoining property on a temporary basis for purposes of such maintenance, provided the
owner seeking to exercise this right of entry shall give two weeks written notice to the owner of
the adjoining property and further provided that no damage to adjoining property shall be permitted
and the adjoining property shall be restored to a condition reasonably equivalent to its condition
prior to such entry as soon as such maintenance or repair work is completed.
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(k) The Board may adopt such regulations for the installation,
maintenance and watering of landscaping,including lawns,as the Board determines are reasonably
necessary to maintain the general appearance and value of the properties within the Plat.
Section 5.2. Animals. No animals, livestock or poultry of any kind shall be raised, bred,
or kept on any Lot except that usual household pets such as dogs,cats and small birds may be kept,
provided that they are not kept, bred or maintained for commercial purposes, and that they do not
unreasonably interfere with the use and enjoyment of any part of the Plat.
Section 5.3. Nuisances. No Lot shall be used or maintained as a dumping ground for
rubbish; and trash, garbage, or other waste shall not be kept except for in sanitary containers or
composting areas. Equipment for the storage or disposal of such material shall be kept in a clean
and sanitary condition and out of sight. Nothing shall be done on a Lot which may become a
nuisance to the neighborhood.
Section 5.4. Businesses. No trade,craft,business,profession,manufacturing,commercial
enterprise or commercial activity of any kind shall be conducted or carried on upon any Lot or
within any building located within the Plat unless it is authorized by and is in compliance with
local land use ordinances and does not interfere with the quiet and peaceful use and enjoyment of
any part of the Plat. For purposes of this Section, "interference" will be assumed to exist if(1)
evidence of said use is visible from the street or adjacent Lots,(2)the use causes an increase in the
noise level in the surrounding area, or(3)the use increases traffic above usual residential volumes.
No signs for such businesses shall be permitted.
Section 5.5. Storage. No goods, materials, supplies or equipment, and no boats, trucks,
motorcycles,busses,motor homes,campers,trailers,or vehicles of any description,shall be stored,
dismantled, or repaired in the street, driveway, or within view from any street or Lot in the Plat.
Upon 48 hours notice to the Owner of the Lot, the Association has the authority to have removed
at the Owner's expense any improperly stored or parked vehicle,boat,or other equipment. During
the Development Period, the Declarant may store equipment and building materials and maintain
temporary trash storage sites within the Plat. The restrictions contained in this Section shall not
exclude the temporary parking of automobiles on the designated driveway areas adjacent to
garages on the Lots.
Section 5.6. Construction and Sale Period. So long as Declarant owns any property in the
Plat for development and/or sale, the restrictions set forth in this Article 5 shall not be applied or
interpreted so as to prevent, hinder, or interfere with development, construction or sales activities
of Declarant or any builder or developer approved by the Declarant.
Section 5.7 Maintenance. Property ownership includes the responsibility to maintain
all structures and grounds that are part of the Lot. This obligation includes, but is not limited to,
such activities as mowing grass,weed control,vegetation,prevention of offensive or noxious odors
associated with composting, removal of trash, structural maintenance, including repairing
mildewed or worn or dated siding and fencing, painting, and removing moss on roofs.
ARTICLE 6 - ARCHITECTURAL CONTROL
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or prevent hardships in the application of these restrictions; provided that such variations so
approved shall not be materially injurious to the improvements of other Lots and shall not
constitute a waiver of the restrictions herein contained but shall be in furtherance of the purposes
and intent of these restrictions.
ARTICLE 7—TRACTS - USE AND MAINTENANCE
Section 7.1. Ownership, Maintenance and Use of Tracts.
Tract A is owned in common by lots one through seven. It contains a stormwater control
pond, which shall be maintained initially by the declarant then by the City of Renton. The
landscaping located outside the fence of the facility in Tract A shall be maintained by the
Association.
Section 7.2. Maintenance. The Association shall maintain, repair, replace, improve, and
otherwise manage landscaping in the planter strip defined as the landscaped area between the
sidewalk and the curb throughout the plat and along its frontage on Nile Ave NE so as to keep
them in good repair and condition and shall conduct such additional maintenance, repair,
replacement, construction, or reconstruction as may be required by the City of Renton or as
determined by the Board. The Association shall also be responsible for maintaining the areas of
Tract A lying outside the fence that protects the drainage facility located on Tract A.
ARTICLE 8 - EASEMENTS AND OPEN SPACE
Section 8.1. Drainage Easements. Easements for the construction, repair, replacement,
reconstruction, and maintenance of drainage facilities have been created and established by the
recorded Plat including notes thereto. No structure,planting or other material which may damage
or interfere with the installation and maintenance of utilities or facilities, or which may change the
direction of flow of drainage channels in the easements, or which may obstruct or retard the flow
of water through the drainage channels in the easements, shall be placed or permitted to remain
within any of these easements, except as otherwise authorized by the Plat.
ARTICLE 9 -INSURANCE, CASUALTY LOSSES, CONDEMNATION
Section 9.1. Insurance Coverage. The Association shall obtain and maintain at all times
as an Association expense an insurance policy or policies and bonds written by companies licensed
to do business in Washington which provide:
9.1.1. General comprehensive liability insurance insuring the Association, the
Owners, Declarant, and any managing agent, against any liability to the public or to the Owners
and their guests, invitees, licensees, or tenants, incident to fulfilling Association responsibilities.
9.1.3. Worker's compensation insurance to the extent required by applicable laws.
9.1.4. Fidelity coverage naming the Association as an obligee to protect against
dishonest acts by the Board,Association officers, committees,managers, and employees of any of
them, and all others who are responsible for handling Association funds, in an amount equal to
three months general assessments on all Lots, including reserves.
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9.1.5. Insurance against loss of personal property of the Association by fire, theft,
and other losses with deductible provisions as the Association deems advisable.
Section 9.2. Casualty Losses. In the event of substantial damage to or destruction of any
of the improvements maintained by the Association shall give prompt written notice of such
damage or destruction to the Owners and to the holders of all First Mortgages who have requested
such notice from the Association. Insurance proceeds for damage or destruction to any part of
such improvements shall be paid to the Association as a trustee for the Owners, or its authorized
representative, including an insurance trustee, which shall segregate such proceeds from other
funds of the Association.
ARTICLE 10 - ENFORCEMENT
Section 10.1. Right to Enforce. The Association, Declarant,and any Owner shall have the
right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions,
restrictions, reservations, liens, and charges now or hereafter imposed by or pursuant to the
provisions of this Declaration. Failure or forbearance by any person or entity so entitled to enforce
the provisions of this Declaration to pursue enforcement shall in no event be deemed a waiver of
the right to do so thereafter.
Section 10.2. Imposition of Fines.
(a) Authority to Impose Fines: The Association shall have the right to impose monetary
penalties against the owner and/or occupant of any Lot who violates these
Covenants, Conditions and Restrictions or Association Regulations or other rules
and restrictions adopted by the Association. The Board shall, from time to time,
adopt a schedule for such monetary penalties. The schedule may provide for
penalties that are assessed a single flat rate and may provide for penalties which are
incurred on a periodic (daily, weekly, etc.) basis and which accrue until violations
are corrected.
(b) Procedure for Imposition of Fines: If the Association determines that a violation of
the Covenants, Conditions and Restrictions, or Association Regulations or other
rules and restrictions adopted by the Association has occurred,the Association shall
send a written Notice of Violation to the owner or occupant of the Lot determined to
be responsible for the violation. The Notice of Violation shall identify (1) the
location where the violation has occurred, (2)the name of the person responsible for
the violation,(3)the nature of the violation,(4)the action or actions required in order
to cure the violation and a deadline for compliance,and(5)the rate or amount of the
fine that will be assessed if the violation is not cured by the compliance deadline. In
addition, the Notice of Violation shall indicate that the owner or occupant deemed
responsible for the violation shall be entitled to request a hearing before the Board,
provided a written request for such a hearing is submitted to the Board within
fourteen calendar days after the issuance of the Notice of Violation.
(c) Hearing by Board: If a request for a hearing is submitted, the Board shall conduct a
factual hearing and allow interested parties to present evidence relevant to the issues
of whether or not a violation has occurred and what action is required to cure the
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violation. The Board shall issue a written decision after the conclusion of the factual
hearing. All Notices of Violation become final either fourteen days after they are
issued if no request for a hearing is submitted, or on.the date that the Board issues
its decision following a hearing.
m assessed Collection of Fines, Lien on Title: Unpaid fines s sessed pursuant to Section 10.2
shall constitute liens against the Lot, be subject to the terms and conditions of this
Declaration regarding liens for assessments and attorneys fees.
Section 10.3. Remedies Cumulative. Remedies provided by this Declaration are in
addition to, cumulative with, and are not in lieu of, other remedies provided by law. There shall
be, and there is hereby created and declared to be, a conclusive presumption that any violation or
breach or attempted violation or breach of the covenants,conditions,and restrictions herein cannot
be adequately remedied by an action at law or exclusively by recovery of damages.
ARTICLE 11 -AMENDMENT AND REVOCATION
Section 11.1. Amendment by Association. Prior to the expiration of the Development
Period, any amendment to the Declaration may be executed by the Declarant. Subsequent to the
expiration of the Development Period, this Declaration may be amended only by an instrument
executed by the Association for and on behalf of the Owners, provided, however, that such
amendments shall have received the prior approval of a vote of the Owners having 75 percent of
the total outstanding votes in the Association. Notwithstanding any of the foregoing, the prior
written approval of 51 percent of all Mortgagees who have requested from the Association
notification of amendments shall be required for any material amendment to the Declaration or the
Association's By-Laws of any of the following: voting rights, assessments, assessment liens, and
subordination of such liens,reserves for maintenance,repair,and replacement of improvements in
Tracts B and C, responsibility for maintenance and repair, reallocation of interest of Tracts B and
C, or rights to their use; imposition of any restrictions on the right of an Owner to sell or transfer
a Lot; any action to terminate the legal status of the Association after substantial destruction or
condemnation occurs,or any provisions which are for the express benefit of Mortgagees or eligible
insurers or guarantors of First Mortgages.
Section 11.2. Effective Date. Amendments shall take effect only upon recording at the
offices of the King County Recorder's Office.
ARTICLE 12 - GENERAL PROVISIONS
Section 12.1. Taxes. Each Owner shall pay without abatement, deduction, or offset, all
real and personal property taxes, general and special assessments, including local improvement
assessments, and other charges of every description levied on or assessed against his Lot, or
personal property located on or in the Lot.
Section 12.2. Non-Waiver. No waiver of any breach of this Declaration shall constitute a
waiver of any other breach, whether of the same or any other covenant, condition, or restriction.
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Section 12.3. Covenants Running with the Land. The covenants, conditions, restrictions,
liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall
run with the land and shall be binding upon all persons purchasing,leasing,subleasing or otherwise
occupying any portion of the Plat,their heirs, executors, administrators, successors, grantees, and
assigns. All instruments granting or conveying any interest in any Lot and all leases or subleases
shall refer to this Declaration and shall recite that it is subject to the terms hereof as if fully set
forth therein. However,all terms and provisions of this Declaration are binding upon all successors
in interest despite an absence of reference thereto in the instrument of conveyance, lease, or
sublease.
Section 12.4. Attorneys' Fees. In the event of a suit or action to enforce any provision of
this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful
party in such suit or action shall pay to the prevailing party all costs and expenses, including title
reports, and all attorneys fees that the prevailing party has incurred in connection with the suit or
action, in such amounts as the court may deem to be reasonable therein, and also including all
costs, expenses, and attorneys fees incurred in connection with any appeal from the decision of a
trial court or any appellate court.
Section 12.5. No Abandonment of Obligation. No Owner, through his non-use of any
Tracts B and C, or by abandonment of his Lot, may avoid or diminish the burdens or obligations
imposed by this Declaration.
Section 12.6. Interpretation. The captions of the various articles, sections and paragraphs
of this Declaration are for convenience of use and reference only and do not define,limit,augment,
or describe the scope, content or intent of this Declaration or any parts of this Declaration. The
neuter gender includes the feminine and masculine, the masculine includes the feminine and
neuter, and the feminine includes the masculine and neuter, and each includes a legal entity when
the context so requires. The single number includes the plural whenever the context so requires.
Section 12.7. Severability. Invalidation of any one of these covenants, conditions,
restrictions, easements, or provisions by judgment or court order shall in no way affect any other
of the same, all of which shall remain in full force and effect.
Section 12.8. Notices. All notices, demands, or other communications ("Notices")
permitted or required to be given by this Declaration shall be in writing and,if mail postage prepaid
by certified or registered mail, return receipt requested (if a Notice to Declarant, the Association,
or to fewer than all Owners), or if mailed first-class postage prepaid (if a Notice to all Owners),
shall be deemed given three days after the date of mailing thereof, or on the date of actual receipt,
if sooner, except as otherwise provided in the Governing Documents. Notice to an Owner may be
given at any Lot owned by such Owner; provided, however, that an Owner may from time to time
by Notice to the Association designate such other place or places or individuals for the receipt of
future Notices. Notices shall be addressee to the last known address of the addressee if not
otherwise known. If there is more than one Owner of a Lot, Notice to any one such Owner shall
be sufficient. The address of Declarant during the Development Period and of the Association
shall be given to each Owner at or before the time he becomes an Owner. If the address of
Declarant or the Association shall be changed,Notice shall be given to all Owners.
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'
Section 12.9. Applicable Law. This Declaration shall be construed in all respects under
the laws of the State of Washington.
IN WITNESS WHEREOF, THE UNDERSIGNED DECLARANT HAS EXECUTED
THIS DECLARATION THE DAY AND YEAR FIRST ABOVE WRITTEN.
JAYMARC AT RENTON 9, LLC
TITLE (?& i 4&Av��
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this \ --\-\1 day of e ,2011 5,before me,the undersigned,a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
nclevre_`V,cva , to me known to be the president of JayMarc at Renton 9, LLC, which
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute the said instrument.
LINDA A. LE Printed name: inac_ 1e
NOTARY
if STATE OF WASHINGTON Notary Public in and for the State of Washington
COMMISSION EXPIRES My commission expires: 1111312/311s
NOVEMBER 13, 2018
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