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A
WHEN RECORDED RETURN TO:
WHEN RECORDEDRETURNTO:
vriice of the City Clerk
Renton-City Hall
11:65-South-Grady Way
Renton,WA 98055
Document Title: Declaration of Covenants,Restrictions, and Reciprocal Easements
Declarant: Blackriver- Rivertech L.L.C.
CA Grantee: Blackriver- Rivertech L.L.C.
Tr Legal Description:
Abbreviated Legal Description: Lots 1, 2, 3, Blackriver Tract B Short Plat,
Recording No. 98O ?/0 o9.4
S/
Full Legal Description: See Exhibit A attached
O Assessor's Tax Parcel Nos.: H918800-0143-03
219) Reference Nos. of Documents Released or Assigned: Not applicable
DECLARATION OF COVENANTS,RESTRICTIONS
AND RECIPROCAL EASEMENTS
This Declaration is made as of .4,/ a5;-- /` , 1998 by BLACKRIVER-
RIVERTECH L.L.C., a Washington limited liability company("Declarant").
RECITALS:
A. Declarant is the owner of the real property legally described in Exhibit A
attached, which consists of Lots 1, 2, and 3 of City of Renton Short Plat No. LUA-98-074, (the
"Property").
B. Declarant desires to create certain easements in, to, over and across the
Property to assure the proper and efficient development and operation of the Property, to
create provisions for the construction, maintenance and operation of the Common Areas, the
buildings and the other improvements now or hereafter existing on the Property, and to make
certain other covenants and agreements as more specifically set forth in this Declaration.
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•
AGREEMENT:
Declarant hereby covenants, agrees and declares that all of the Property, and the
buildings and other improvements now or hereafter constructed thereon, are and will be
held, developed, used, sold, conveyed, leased and encumbered subject to the following
covenants, conditions, restrictions and easements, all of which shall be binding upon and
benefit Declarant and all future owners of all or any interest in the Property, and their
respective successors, legal representatives and assigns. All of the provisions of this
Declaration shall be binding upon all parties having or acquiring any right, title and interest
in the Property or any part thereof.
1. Definitions.
(a) Building. The term "Building" means any building, structure or other
improvement now or hereafter constructed on the Property.
en
C7 (b) Common Area. The term "Common Area" means the portions of the
Property now or hereafter set aside as sidewalks,roadways,parking areas, driveways and drive
throughs, and all common utility lines, sewers, wet ponds and drainage facilities, and other
common systems serving the Property.
(c) Mortgage. The term "Mortgage" means any recorded first mortgage or
first deed of trust encumbering the fee interest of an Owner of a Parcel.
(d) Mortgagee. The term "Mortgagee" means a mortgagee or beneficiary
under a Mortgage, and if applicable, a fee owner or lessor or sublessor of any Parcel which is
the subject of a lease under which any Owner becomes a lessee in a so called "sale and lease
back" or"assignment and sublease back" transaction.
(e) Owner. The term "Owner" means any person or entity holding fee title
ownership in a Parcel. Whenever an Owner transfers fee title ownership of a Parcel to another
person or entity, the transferring Owner shall be released and discharged from the obligations
thereafter accruing under this Declaration, and the new Owner shall be responsible for all such
obligations thereafter accruing under this Declaration and shall be bound by this Declaration.
(f) Parcel. The term "Parcel" means each of Lots 1, 2 and 3 of the
Property.
(g) Parking Area. The term "Parking Area" means those portions of the
Common Area now or hereafter used for (i) vehicular ingress to and egress from the Property
or any Parcel from adjacent public streets, (ii) vehicular movement in and about the Property,
and (iii) the parking of motor vehicles, together with all parking improvements to the
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ABASSE\ALPER\BLACKRIVER
Common Area which are at any time erected thereon, including interior roadways, curbs and
landscaping within or adjacent to such areas.
2. Use Restrictions.
(a) No Owner shall commit nor allow to be committed on its Parcel any act
which disturbs the quiet enjoyment of any occupant of the Property, nor shall any Owner use
or permit its Parcel or the Common Areas or any part thereof to be used for any purpose which
is in violation of any applicable municipal, county, state or federal law, ordinance or
regulation, including without limitation laws, ordinances and regulations relating to the use,
storage and disposal of hazardous or toxic wastes and materials.
(b) Any Building hereafter constructed on a Parcel must be constructed
within the building areas for such Parcel designated on the site plan for the Property
M approved by the City of Renton(the "Site Plan"). No Building constructed on a Parcel may
t?' exceed the total building area for such Building set forth on the Site Plan.
gni
3. Easement for Ingress and Egress Over and Across Common Areas. Each
Owner, their tenants, and their respective guests and invitees, shall have (a) a nonexclusive
easement for pedestrian and vehicular ingress and egress, over and across the Parking Areas,
and (b) a nonexclusive easement for motor vehicle parking upon, over and across the Parking
Areas. Such ingress and egress and parking rights shall be used in accordance with such
reasonable regulations as the Owners may from time to time specify, including but not limited
to, speed limits, weight limits and other requirements designed to promote the safety of all
vehicular and pedestrian traffic. Notwithstanding any of the foregoing, each Owner shall have
the right to designate a reasonable number of the parking stalls on its Parcel as reserved for the
tenants of the Improvements on its Parcel.
4. Easements for Utilities. Each Owner shall have non-exclusive easements
under, through and across the Common Area for the installation, maintenance, removal and
replacement of water drainage systems or structures, water mains, sewers, water sprinkler
system lines, telephones, electrical and communications conduits or systems, gas mains, and
other utilities and service easements. All such utilities shall be installed and maintained below
the ground level or surface of the Property, except where underground installation is
inappropriate. The installation, maintenance, removal or replacement of any utility or
communication line shall be done in a manner which complies with all applicable provisions of
this Declaration, and the Owner undertaking the installation, maintenance, removal or
replacement of any utility or communication line shall cause the effected portion of the
Common Area to be replaced or repaired to a condition at least as good as prior to the
applicable work having been commenced, and such Owner must pay all costs associated with
such work.
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5. Drainage Easements. Each Owner shall have non-exclusive easements, under,
through and across the Common Areas and the Parcels for reasonable drainage purposes.
6. Maintenance of Common Area.
(a) Each party shall maintain the Common Area (other than the "Facility"
(described below)) located on its Parcel in good condition and repair, clean, free of rubbish and
other hazards to persons using such area, properly lighted and landscaped. Each party shall
pay its own costs and expenses with respect to repairing and maintaining the Common Area
(other than the "Facility" (described below))located on its Parcel, except as otherwise provided
in this Declaration.
(b) Declarant anticipates that a wet pond will be located on one of the
ft Parcels which will be part of the storm drainage and water quality system (the "Facility")
C7 serving the entire Property. The Owner of the Parcel on which the Facility (the "Facility
CParcel") is located will be responsible for maintaining the Facility. Each Owner shall pay its
pro rata share of all costs incurred by the Owner of the Facility Parcel in maintaining the
gra1Facility. For purposes of this subparagraph, an Owner's pro rata share of the costs incurred by
Othe Owner of the Facility Parcel in maintaining the Facility shall be based on the ratio of the
maximum building area allowed on its Parcel, as set forth on the Site Plan,to the total building
47) area permitted on all of the Parcels, as set forth on the Site Plan. Each Owner shall pay its pro
rata share of any costs incurred by the Owner of the Facility Parcel within fifteen (15) days
after receiving written notice from the Owner of the Facility Parcel of any costs so incurred,
and such supporting information evidencing the costs incurred and work done as an Owner
may reasonably request. Any Owner who fails to make a payment to the Owner of the Facility
Parcel pursuant to this subparagraph shall be deemed a "Defaulting Party" for purposes of
Paragraph 8 below, and the Owner of the Facility Parcel shall have all of the rights of a
"Nondefaulting Party" as set forth in Paragraph 8 below.
7. Indemnification. Each Owner shall indemnify, defend and hold harmless each
other Owner and their agents, employees, partners, tenants and invitees, from and against all
claims, liabilities, causes of action, costs and expenses, arising from or out of any activity,
work or thing done,permitted or suffered by the indemnifying party, its agents, guests,tenants,
contractors or invitees, in or about the Property pursuant to this Declaration, including the cost
of making any and all repairs necessary to the improvements to the Common Areas due to
damage caused by the acts or omissions of the indemnifying party, its agents, guests, tenants,
contractors or invitees. The foregoing indemnity shall include all reasonable costs and
attorneys' fees and expenses incurred in defense of any such claim or any action or proceeding
brought thereon. The foregoing indemnity specifically covers actions brought by the
indemnifying party's own employees. Notwithstanding the foregoing, if losses, liabilities,
damages, liens, costs and expenses so arising are caused by the concurrent negligence of
Owners, or their respective employees, agents, invitees or licensees, the indemnifying party
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shall be obligated to indemnify the other party only to the extent of the indemnifying party's
own negligence or that of its officers,agents, employees,tenants, guests or invitees.
8. Failure to Maintain. If an Owner fails to perform its maintenance or repair
obligations under this Declaration (a "Defaulting Party"), and such failure is not cured within
thirty (30) days after written notice from any other owner (the "Nondefaulting Party"), the
Nondefaulting Party shall have the right to perform such maintenance and repairs as it deems
reasonably necessary at the cost and expense of the Defaulting Party; provided,
notwithstanding the foregoing, if the failure by the Defaulting Party creates an emergency or
perceived emergency (i.e., an eminent threat of danger to person or property), the
Nondefaulting Party shall have the right to immediately, without prior notice to the Defaulting
Party, do such things as it deems reasonably necessary to remove the threat. Any costs or
expenses incurred by the Nondefaulting Party pursuant to this paragraph shall be due and
payable in full within ten(10) days after written demand on the Defaulting Party,together with
interest from the date of demand until the date paid at a per annum interest rate of twelve
percent(12%). The Nondefaulting Party shall be entitled to a lien on the Parcel owned by the
Defaulting Party for any amount due and payable to the Nondefaulting Party which is not paid
CP) when due. Such lien shall be a continuing lien upon the Parcel of the Defaulting Party, and
may be foreclosed in accordance with the statutory provisions regarding judicial foreclosure of
mortgages in the State of Washington. Any such liens shall be subordinate to the lien of any
present or future mortgage or deed of trust on a Parcel, which was made in good faith and for
value, and which was recorded prior to the recordation of a lis pendens or other notice of
foreclosure of the lien. The sale or transfer of any Parcel shall not effect the lien, but the sale
or transfer of any Parcel pursuant to judicial or non judicial foreclosure proceedings or by deed
or other transfer in lieu of foreclosure shall extinguish the lien.
9. Construction of Buildings and Improvements. So long as Declarant is the
Owner of a Parcel any Building or other improvement constructed on a Parcel must first be
approved in writing by Declarant.
10. Not a Public Dedication. Nothing contained in this Declaration shall be
deemed to be a dedication of any portion of the Property to the general public or for any public
use. It is the intention of Declarant that the use of the Property be limited to and for the
purposes herein expressed, always under the ownership and control of the Owners. The right
of the public to make use of the Property is by permission and subject to control of the Owners.
The Owners, by mutual agreement, may periodically restrict ingress to and egress from the
Property to prevent a prescriptive public easement from arising by reason of continued public
use,provided any such restriction shall be continued only for such duration as is required under
applicable law to prevent the creation of any such prescriptive public easement.
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-5 DECLARATION.3
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11. Mortgagee Protection.
(a) Notwithstanding any other provision of this Declaration, no lien created
under this Declaration, nor any breach of this Declaration, nor the enforcement of any
provision of this Declaration shall defeat or render invalid the rights of any Mortgagee under
any Mortgage,made in good faith and for value.
(b) A Mortgagee (or any other person or entity) acquiring title to a Parcel
through foreclosure of a Mortgage, or by a transfer in lieu of foreclosure of a Mortgage, shall
acquire title to the affected Parcel free and clear of any lien authorized by or arising out of
the provisions of this Declaration, to the extent any such lien secures the payment of any
assessment or charge due but unpaid prior to the final conclusion of any such proceeding or
transfer, including the expiration date of any period of redemption unless a notice of the lien
et was properly recorded prior to the date the applicable Mortgage was recorded. After the
CI foreclosure of a security interest in a Parcel, any unpaid assessment shall continue to exist
and remain a personal obligation of the Owner against whose Parcel the same was levied.
Any liens provided for in this Declaration shall be subordinate to the lien of any Mortgage.
The sale or transfer of any Parcel 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 Parcel for the purpose of realizing upon a security interest, liens may arise
against such Parcel for any assessment or charge coming due after the date of the
foreclosure.
12. Duration. The easements, restrictions and covenants set forth in this
Declaration shall be perpetual, unless terminated in accordance with the provisions hereof
The easements, restrictions and covenants of this Declaration shall not be affected in any
manner by the doctrine of merger or otherwise if now or hereafter all of the Property is owned
by the same person or entity.
13. Termination. The easements and covenants contained in this Declaration may
be terminated by written agreement signed by all the Owners.
14. Covenants Running With Land. The easements, convents, and restrictions set
forth in this Declaration shall be easements, covenants and restrictions running with the land
and shall be binding upon the present and future owners of all or any portion of the Property,
and their respective successors and assigns.
15. Non-Waiver. No waiver of any breach of this Declaration shall constitute a
waiver of any other breach,whether of the same of any other covenant,condition or restriction.
16. Attorneys' Fees. In the event of a suit, arbitration or other action or legal
proceeding to enforce any provision of this Declaration or to collect any money due hereunder
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or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the substantially
prevailing party all costs and expenses, including title reports and all attorneys' fees that the
substantially prevailing party has incurred in connection with the suit or action (including
without limitation proceedings in bankruptcy court), in such amounts as the court may deem to
be reasonable therein, and also including all costs, expenses and attorneys' fee s incurred in
connection with any appeal from the decision of a trial court or any intermediate appellate
court.
17. 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.
t„' 18. Notices. All notices, demands or other communications ("Notices")required or
otherwise given pursuant to this Declaration shall be in writing. Notices given by mail shall be
sent postage prepaid by certified or registered U.S. mail, return receipt requested, and shall be
0 deemed given three (3) business days after the date of mailing thereof, or on the date of actual
receipt, if sooner. Notices shall be addressed to the last known address of the addressees.
(7) Notice to any Owner may be given at any Parcel owned by such Owner; provided, however,
that an Owner may from time to time by Notice to the other Owners designate such other place
or places or individuals for the receipt of future Notices. If there is more than one Owner of a
Parcel,Notice to any one such Owner shall be sufficient.
19. Applicable Law. This Declaration shall be construed in all respects in
accordance with the laws of the State of Washington.
Dated as of the day and year first written above.
GRANTOR:
BLACKRIVER-RIVERTECH L.L.C., a
Washington limited liability company
By: BLACKRIVER HOLDINGS,INC., a
Washington orpo tion
By(„?' J �� _�_
Its a 74,:s/44/i
B OO
y
Its DEAN R. ERICKSON
VICE PRESIDENT
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ABAS SE\ALPER\B LACKRI V ER
STATE OF WASHINGTON )
) ss.
COUNTY OF 1&C )
41
On this I I day of Al fA S 4 , 1998,before me,the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn personally appeared 1
16)(11/447 V• P 1 I 01111and Rem ,R. en.ch W O1 , known to me to be the
PrCA;c4U\k and V I.CL lam►{.. o Q�lww- , respectively, of
BLACKRIVER HOLDINGS, INC., a Washington corporation, the Manager of
BLACKRIVER-RIVERTECH L.L.C., a Washington limited liability company, the limited
liability company that executed the foregoing instrument, and acknowledged the said
M instrument to be the free and voluntary act and deed of said limited liability company, for the
Ct purposes therein mentioned, and on oath stated that he/she was authorized to execute said
Tr instrument.
O
94 I certify that I know or have satisfactory evidence that the person appearing before me
Cand making this acknowledgment is the person whose true signature appears on this document.
7) WITNESS my hand and official seal hereto affixed the day and year in the certificate
above written.
1411-1-AC---
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Signature
O NOTARY ��`N;
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�N�;2p PUBLIC oo;O� print Name
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EXHIBIT A
DESCRIPTION
LOTS 1, 2 AND 3 OF BLACK RIVER TRACT B SHORT PLAT (CITY OF RENTON
FILE NO. LUA-98-074-SHPL) RECORDED UNDER RECORDING NO.
?90 9/ b S o 0 cat , RECORDS OF KING COUNTY, WASHINGTON;
SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF TRACT B,
WASHINGTON TECHNICAL CENTER, ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 122, OF PLATS, PAGES 98 THROUGH 102, RECORDS OF KING
COUNTY, WASHINGTON;
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
tit
TrO
O ALPER NORTHWEST
r1 BLACKRIVER TRACT B
tir wC',F WILLIAM A. HICKOX, P.L.S.
CD
y�
417411;6
�Lp6-�- BRH JOB NO. 97051.03
Cr) JULY 23, 1998
z REVISED AUGUST 10, 1998
JONAL LAI19°
WIRES 31171 00
6--1048