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HomeMy WebLinkAboutCCR_DraftDRAFT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE WOODS AT HIGHLANDS PARK THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE WOODS AT HIGHLANDS PARK (“Declaration”) is made on the date hereinafter set forth by Burnstead Construction LLC, ("Declarant"), who is the owner of certain land situated in the State of Washington, County of King, known as The Woods at Highlands Park (hereinafter referred to as “The Woods at Highlands Park”), which is more particularly described in Exhibit "A" and shown on Exhibit “B” attached hereto and incorporated herein by this reference. In order to ensure preservation of the residential environment at The Woods at Highlands Park, Declarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon shall be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties thereof and shall inure to the benefit of each owner thereof and to the benefit of the The Woods at Highlands Park Homeowners' Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE I DEFINITIONS For the purposes of the Declaration and the Articles of Incorporation and the Bylaws of The Woods at Highlands Park Homeowners' Association, certain words and phrases shall have particular meanings as follows: Section 1. "Association" shall mean and refer to THE WOODS AT HIGHLANDS PARK HOMEOWNERS' ASSOCIATION, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article X. For purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the Initial Board of Declarant, as provided in Article II, unless the language or context clearly indicates otherwise. Section 3. "Properties" subject to this Declaration shall mean and refer to the real property described with particularity in Exhibit “A” and shown on Exhibit “B”, and such Other Parcels which may hereafter be brought within the jurisdiction of the Association. DRAFT Section 4. "Owner" or “Lot Owner” shall mean and refer to record owner (whether one or more persons or entities) of a fee interest in any Lot, including the Declarant and participating Builders, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 5. “Common Areas” and "Common Maintenance Areas". Common Areas shall mean and refer to any of the real property (including the improvements thereon) owned by the Association for the common use and enjoyment of the members of the Association. Common Maintenance Areas shall mean those portions of all real property (including the improvements thereon) maintained by the Association for the benefit of the members of the Association. Section 6. "Lot" shall mean and refer to any plot of land, excluding tracts, as shown upon any recorded subdivision map of the Properties. Lot shall include the Residence located thereon. Section 7. "Declarant" shall mean BURNSTEAD CONSTRUCTION LLC, a Washington Limited Liability Company, and any of its successors and assigns who identifies itself as a successor declarant in a recorded instrument and who assumes all the obligations of THE WOODS AT HIGHLANDS PARK as declarant under the agreement. Section 8. "Architectural Control Committee" shall refer to the duly appointed or elected committee of the Board of Directors as outlined in Article XI of this Declaration, hereinafter referred to as the "Committee". Section 9. "Development Period" shall mean and refer to that period of time defined in Article II of this Declaration. Section 10. "Plat" shall mean and refer to the Plat of The Woods at Highlands Park as recorded on ___________, 2016 in the records of King County, State of Washington, under Recording. ______________ Section 11. "Residence" shall mean and be limited to single family residences only occupying any Lot. Section 12. “Other Parcels” shall mean those parcels of land which may be added to the Properties. ARTICLE II DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section 1. Management by Declarant. "Development Period" shall mean that period of time from the date of recording the Declaration until (1) a date twenty (20) years from the date of recording this Declaration or (2) the thirtieth (30th) day after Declarant has transferred title to the purchasers of Lots representing 99 percent of the total voting power of all Owners as then constituted or (3) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article II by written notice to all Owners, whichever date DRAFT first occurs. Until termination of the Development Period, the Property shall be managed and the Association organized at the sole discretion of the Declarant. Section 2. Initial Board. Declarant may, in its sole discretion, and at such times as the Declarant deems appropriate, appoint three persons who may be Owners, or are representatives of corporate entities or other entities which are Owners, as an Initial Board. This Initial Board shall have full authority and all rights, responsibilities, privileges and duties to manage the Properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws, provided that after selecting the Initial Board, the Declarant, in the exercise of its sole discretion, may at any time terminate the Initial Board and reassume its management authority under Article II or select a new Board under this section of Article II. Section 3. Notice to Owners. Not less than fourteen (14) nor more than sixty (60) days prior to the termination of the Development Period, the Declarant shall send written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association. Notwithstanding any provision of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of eight (8) Lots shall constitute a quorum. The term “proxy” is defined as “the authority or power to act for another, in person, or by document giving such authority”. In other words, an Owner may designate another individual to act on their behalf. The Board of Directors and Officers of the Association may be elected by a majority vote of said quorum. If a quorum shall not be present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Owners to provide for the operation of the Association. Section 4. Management of Properties During Development Period. Declarant, or a managing agent selected by the Declarant, and/or the Initial Board, shall have the power and authority to exercise all the rights, duties and functions of the Board of Directors and generally exercise all powers necessary to carry out the provisions of this Declaration. Section 5. Purpose of Development Period. These requirements and covenants are made to ensure that the Properties shall be adequately administered in the initial stages of development and to ensure an orderly transition to Association operations. Each Owner accepts this management authority in Declarant. Section 6. Expenditures During Development Period. During the Development Period, Declarant, or any agent of Declarant, shall have the sole discretion to use and consume all or so much of the dues paid in as in Declarant's judgment is necessary or expedient in maintaining the Common Maintenance Areas and carrying out the other functions of the Association. This includes, but is not limited to, any legal fees associated with Declarant, or any agent of Declarant carrying out any duties during the Development Period, including all costs associated with turning over the Association after the expiration of said Development Period. Upon termination of the Development Period, Declarant shall deliver any funds remaining to the Association. DRAFT ARTICLE III EASEMENTS Section 1. Easements for Utilities. An easement is hereby reserved for and granted to Verizon, Comcast, Puget Sound Energy, and their respective successors and assigns, over, under, across and upon the exterior 9 (9) feet parallel with and adjoining the street frontage of all lots, tracts and common areas in which to install, lay, construct, renew, operate and maintain underground conduits, cables, pipe and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with electric, telephone, gas television cable and other utility services together with the right to enter upon the lots, tracts and common areas at times for the purposes herein stated. Section 2 Sanitary Sewer Easement. The public Sanitary Sewer easements designated on the plat are hereby reserved for and granted to City of Renton Utility District for the purpose of constructing, reconstruction, operating and maintaining the sanitary sewer system, together with the right of ingress and egress for such purposes. The easements shall be free from all structures, i.e. covered parking, deck overhangs, shed, etc. Section 3. Water Main Easement. Public water easements designated on the plat are hereby reserved for and granted to Water District 90 Utility District, together with the right of ingress and egress and the right to excavate, construct, operate, maintain, repair and/or rebuild the water system. The easement shall be free from all structures, i.e. covered parking, decks, overhangs, sheds, etc. No fence or obstruction shall be constructed from the edge of the water meters, fire hydrants and blow-off assemblies which restricts access by the water district. Section 4. Storm Drainage Easements. All drainage easements within this plat, not shown as "private" are hereby granted and conveyed to the City of Renton. A municipal corporation, for the purposes of conveying, storing, managing, and facilitating storm and surface water per the engineering plans approved for this plat by the City of Renton together with the right of reasonable access (ingress and egress) to enter said drainage easement for the purposes of inspecting, operating, maintaining, repairing and improving the drainage facilities contained therein. Note: except for those facilities which have been formally accepted for maintenance by the City of Renton, maintenance of drainage facilities on private property is the responsibility of the property owners(s). 1 the private drainage easement shown on lot 1 is for the benefit of lot 2. 2 the private drainage easement shown on lot 3 is for the benefit of lot 4. 3 the private drainage easement shown on lot 6 is for the benefit of lot 5. 4 the private drainage easement shown on lots 8 and 9 is for the benefit of lots 7 and 8. 5 the private drainage easement shown on lot 11 is for the benefit of lot 10. 6 the private drainage easement shown on tract b is for the benefit of lots 12, 13 and 14. * private drainage easement: the owner(s) of private property within this plat encumbered with drainage easements shown as "private" hereby grant and convey to the City of Renton, a municipal corporation, the right but not the obligation to convey or store storm and surface water per engineering plans approved for the plat by the City of Renton, together with the right of reasonable access (ingress and egress) to enter said drainage easement for the purpose of observing that the owner(s) are properly operating and maintaining the drainage facilities contained within said drainage easement and are hereby required to obtain any required permits from the City of Renton or its successors agency, prior to filling, piping, cutting or DRAFT removing vegetation (except for routine landscape maintenance such as lawn mowing) in open vegetated drainage facilities (such as swales, channels, ditches ponds, etc.) Or performing any alterations or modifications to the drainage facilities contained within said drainage easement. Covenant shall run with the land and is binding upon the owner(s) of said private property, their heirs, successors and assigns. * the City of Renton shall have the right to enter the private drainage easements shown hereon to repair any deficiencies of the drainage facility in the event the owner(s) is/are negligent in the maintenance of the drainage facilities. These repairs shall be at the owner(s) cost. Section 5. Miscellaneous Easements and Restrictions. (i) No further subdivision of any Lot shall be allowed without resubmittal for formal plat procedure.; (ii) No Lot or portion of a Lot in the Plat shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of the Lot shall be less than the area required for the use district in which located.; (iii) Street trees have been planted by the Declarant. All street trees shall be owned and maintained by the abutting lot owner unless and until City of Renton or its successor agency has adopted a maintenance program. (iv) City of Renton shall be responsible for maintaining all rights-of-way within the Plat; (v) The Association shall establish and periodically update “Rules and Regulations” which shall apply to all Lot Owners within The Woods at Highlands Park. Section 6. Access Easements. The Association and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the purposes stated below. Owners hereby grant to the Association, the Board, and the Declarant, and their individual agents, an express access easement for purposes of going upon the Lots of Owners for the following purposes: (i) The maintenance, repair, replacement, or improvement of any Common Maintenance Areas accessible from that Lot; (ii) Emergency repairs necessary to prevent damage to the Common Maintenance Areas or to another Lot or the improvements thereon; (iii) Cleaning, maintenance, repair, or restoration work which the Owner is required to do but has failed or refused to do; and (iv) The removal of Vehicles, goods, equipment, devices or other objects which are parked or stored in violation of the terms of this Declaration. Except in an emergency where advanced notice is not possible, these easements shall be exercised only after reasonable notice to the Owner. DRAFT ARTICLE IV COMMON AREAS AND COMMON MAINTENANCE AREAS Section 1. Common Maintenance Areas. Common Maintenance Areas shall include those portions of all real property (including improvements thereon) maintained by the Association for the benefits of the members of the Association. The areas to be maintained by the Association include park, entry signage and landscaping including water and electric; street trees and mailbox stands. The Association shall have the right and the obligation to maintain the Common Maintenance Areas and shall pay the actual cost of the same from annual or special assessments as appropriate. Section 2. Alteration of the Common Areas and Common Maintenance Areas. Nothing shall be altered, or constructed in, or removed from the Common Areas or Common Maintenance Areas except upon prior written consent of the Association. Section 3. Dumping in Common Maintenance Areas. No trash, plant or grass clippings or other debris of any kind shall be dumped, deposited or placed on or within the Common Areas or Common Maintenance Areas. Section 5. Other Maintenance Costs for Association. In addition to maintaining the Common Maintenance Areas, the Association shall also be responsible for the payment of the electric bills incurred in connection with the operation of the streetlights within the Properties until the utility provider for the streetlights directly bills the individual Lot Owners. ARTICLE V TRACTS Section 1. Tract A: is a public storm drainage tract and hereby conveyed to The Woods at Highlands Park Homeowner's Association. The Woods at Highlands Park Homeowners Association will maintain all landscaping and amenities within the proposed Tract "A" from and including the fence outwards and the City of Renton will maintain the storm pond from the fence inward. A drainage easement over Tract "A" is hereby granted and conveyed to the City of Renton, a municipal corporation, for the purpose of conveying, storing, managing and facilitating storm and surface water approved by this plat and the City of Renton, together with the right for the City of Renton, its successors or assigns to enter said drainage easement and covenant for the purpose of inspecting, operating, maintaining, repairing and improving the drainage facilities contained herein. In the event the HOA should be dissolved, then each lot shall have an equal and undivided ownership interest in Tract "A" as well as responsibility for the maintenance obligations of the HOA with respect to Tract "A" as set forth herein. Membership in the HOA and payment of dues or other assessments shall remain an appurtenance to and inseparable from each lot. Section 2. Tract B: is for recreation purposes only for the benefit of all the lot owners in this plat. Each lot owner in this plat (1 through 14 inclusive) shall have an equal and undivided ownership interest in Tract "B". The Woods at Highlands Park Homeowner's Association shall be responsible for the maintenance of said Tract "B". However, should the homeowners association fail to properly maintain Tract "B" then lot owners of all the lots 1 through 14 shall be equally responsible for the maintenance of said Tract "B". DRAFT ARTICLE VI MAINTENANCE OF THE COMMON MAINTENANCE AREAS AND SITES; DELEGATION OF MANAGEMENT Section 1. Responsibility for Maintaining Common Maintenance Areas. The Association is responsible for maintaining and preserving the character and function of areas designated on the face of the Plat and these covenants as Common Maintenance Areas. Common Maintenance Areas have been set aside for landscaping and community identification purposes and those areas are referred to in Article IV, Section 1 above. Section 2. Repair of Common Maintenance Areas. Any damage to Common Maintenance Areas or improvements thereon, including landscape plantings, sprinkler systems, fences, berms, etc., by the Owners or their children or guests shall be repaired by the Association and the Owner who caused the area to be damaged shall be responsible for reimbursing the Association all costs incurred by the Association for the repairs. The Owner shall be obliged to immediately remit funds for the repair to the Association. If the Owner fails to promptly make payment for such repairs, the Owner shall be charged interest at the rate of twelve (12%) percent per annum. Section 3. Management. Each Owner expressly covenants that the Board and the Declarant, during the Development Period, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for maintenance and the operation of Common Maintenance Areas and any portion thereof. Any management agreement or employment agreement for the maintenance or management of the Common Maintenance Areas or any portion thereof shall be terminable by the Association without cause upon 90 days' written notice thereof; the term of any such agreement shall not exceed three (3) years, renewable by agreement of the parties for successive three (3) year periods. Each Owner is bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner on request. Fees applicable to any such management, employment or service agreement shall be assessed to the Association or Owners. ARTICLE VII ASSESSMENTS Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot, by acceptance of a deed therefore, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges; (2) special assessments for capital improvements; and (3) special assessments for legal fees and damages. If the Owner fails to timely pay assessments within thirty (30) days of the date specified by the Association, the annual and special assessments, together with any interest, costs and any reasonable attorneys' fees incurred to collect such assessments, shall be a lien on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with any interest, costs and reasonable attorneys' fees incurred in attempting to collect the assessment, shall also be the personal obligation of the person who is the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless DRAFT expressly assumed by them. The Association shall record such liens in the Office of the King County Auditor. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties and for the improvement and maintenance of the Common Maintenance Areas as provided in Article IV. Section 3. Annual Assessment. Annual assessments shall be levied equally on all Lots. The initial annual fee will be $______ per lot. Section 4. Computation. It shall be the duty of the Board to prepare a budget covering the estimated costs of operating the Association during the coming year, which shall include a capital reserve. Within thirty (30) days after adoption by the Board of Directors of the budget, 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 mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the budget, in person or by proxy, the budget shall be 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 owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 5. Revised Budget. If the financial circumstances of the Association materially change during any year, the Board may prepare a revised budget for the balance of the year. Within thirty (30) days after adoption by the Board of Directors of the revised budget, the Board shall set a date for a meeting of the members to consider ratification of the revised budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the revised budget, in person or by proxy, the revised budget shall be ratified, whether or not a quorum is present. In the event the revised budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 6. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Maintenance Areas not provided by this Declaration, including fixtures and personal property related thereto. Within thirty (30) days after adoption by the Board of Directors of the special assessments for capital improvements, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 7. Special Assessments for Legal Fees and Damages. In addition to the annual and special assessments authorized above, the Declarant, during the Development Period, or the Association may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part, (1) the cost of legal fees and costs incurred in legal actions in which the Association is a party, (2) the cost of legal fees and costs incurred in any action in which a member of either the Board or Committee is named as a party as a result of a DRAFT decision made or action performed while acting in behalf of the Association, or (3) any other reasonable expenses incurred by the Association. Within thirty (30) days after adoption by the Board of Directors of the special assessment for legal fees and damages, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 8. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and must be collected on an annual basis. Section 9. Date of Commencement of Annual Assessment; Due Dates. The annual assessments described in this Article shall commence on January 1, 2011. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. After the Development Period expires, the Board of Directors shall fix the annual assessment. Written notice of the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer or the administrator of the Association setting forth whether the Assessment on a specified Lot has been paid. Section 10. Effect of Non-Payment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest at the rate of twelve percent (12%) per annum. Each Owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens (see Article XV, Section 4). No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Maintenance Areas or abandonment of his Lot. The Association shall have the right to suspend use of the neighborhood park and suspend the voting rights of an Owner for any period during which any assessment against the Lot remains unpaid for a period not to exceed sixty (60) days for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association. Section 11. Subordination of the Lien to Mortgage. The lien for assessment provided for in this Article shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall relieve such Lot from liability for any assessments which thereafter become due or from the lien thereof. DRAFT Section 12. Exempt Property. All property dedicated to and accepted by City of Renton shall be exempt from the assessments provided for in this Article. Section 13. Budget Deficits During Declarant Control. In the event there is a deficit between the actual operating expenses of the Association (but specifically not including an allocation for capital reserves), and the sum of the annual, special and specific assessments collected by the Association in any fiscal year, Declarant, or its members individually, may, in their sole discretion, contribute funds to the Association in order to satisfy the shortfall, or any portion thereof. ARTICLE VIII MAINTENANCE OF LOTS Section 1. Exterior Maintenance by Owner. Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, building materials and other debris. All refuse shall be kept in sanitary containers sealed from the outlook of any Lot. The containers shall be emptied regularly and their contents disposed of off the Lot. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost device (approved by the Committee) shall be permitted. The Owners of each Lot shall maintain the lawn and landscaping on the Lot in a condition consistent with the maintenance standards of the plat. This includes, but is not limited to, adequate watering, removing weeds, mowing, edging and fertilizing. This obligation to maintain landscaping extends into the public right-of-way along the front of the Lot. Lot Owners shall maintain any lawn and or plantings in the median strip between the sidewalk and edge of curb. Section 2. Parking of Vehicles; Storage of Goods, Equipment or Devices. There shall be no permanent and/or temporary storage of goods, Vehicles, as defined below, equipment, or devices permitted in open outlook from any Lot or right-of-way. The term “Vehicles” as used herein shall include, without limitation, automobiles, vans or trucks with or without business logo, campers, trucks, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, go-carts, and any other towed or self-propelled transportation type vehicle. The term “Passenger Vehicles” as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. The term “Commercial and Recreational Vehicles” as used herein shall include, without limitation, vans or trucks with business logos, campers, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, and go-carts. The following restrictions apply: (i) Parking areas shall refer to the number of garage parking spaces. All Vehicles must be parked within garages. Driveway areas in front of garages shall be considered parking areas for Passenger Vehicles only and only to the extent that sufficient parking spaces are not provided in the garage for all the Vehicles used by the Occupants of the Lot.; (ii) No Commercial and/or Recreational Vehicle shall be permitted on the driveway or any other portion of the Owner’s Lot, except within a garage, however, Recreational Vehicles shall be allowed to park on the driveway for a maximum DRAFT forty-eight (48) hour period, for the sole purpose of loading and unloading the Recreational Vehicle; (iii) No Vehicles and/or Passenger Vehicles shall be parked overnight on any right- of-way adjoining any Lot; provided that vehicles belonging to guests may occasionally be parked during the day in the right-of-way adjoining a Lot. (iv) No Passenger Vehicles parked on the driveway may extend over the sidewalk and/or into the right-of-way.; and (v) Owners who have visiting guests intending to stay may secure written permission from the Association. Such a privilege shall only exist, however, after the written permission has been obtained from the Association. Section 3. Lot Maintenance by the Association. In the event an Owner fails to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of The Woods at Highlands Park community, the Association shall, upon receipt of written complaint of any Owner, or upon its own initiative, and a subsequent investigation, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Association within fourteen (14) days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Association shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law. In the event that the estimated cost of such repair should exceed one-half of one percent of the assessed value of the Lot and improvements on that Lot, the Association shall be required to have the consent of fifty-one percent (51%) of the Members before undertaking such repairs. ARTICLE IX HOMEOWNERS' ASSOCIATION Section 1. Non-Profit Corporation. The Association shall be a non-profit corporation under the laws of the State of Washington. The Association may be an unincorporated Association during the Development Period, unless the Declarant elects to incorporate the Association. Section 2. Membership. Every person or entity which is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the Transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles and the Bylaws of the Association. DRAFT Section 3. Voting Rights. Owners, including the Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but, in no event, shall more than one vote be cast with respect to any Lot, nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Articles and the Bylaws of the Association. Section 4. Meetings. Meetings shall be conducted in accord with the specifications set forth in the Bylaws of the The Woods at Highlands Park Homeowners' Association. ARTICLE X MANAGEMENT BY THE BOARD Section 1. Enforcement of Declaration. The Board shall have the power to enforce the provisions of this Declaration and the rules and regulations of the Association for the benefit of the Association. The failure of any Owner to comply with the provisions of this Declaration or the rules and regulations of the Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Owner for recovery of damages, or injunctive relief, or both. Section 2. Board of Directors. The number of Directors shall be set forth in the Bylaws. The Board of Directors shall be elected by the Owners in accordance with the Bylaws. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accordance with the specifications which are set forth in the Bylaws. The Board, for the benefit of all the Properties and the Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation, but not limitation: (i) Insurance. Obtain policies of general liability insurance. (ii) Legal and Accounting Services. Obtain legal and accounting services, if necessary, to the administration of Association affairs, administration of the Common Maintenance Areas, or the enforcement of this Declaration. (iii) Maintenance. Pay all costs of maintaining the Common Maintenance Areas. (iv) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) protect Common Maintenance Areas, or (2) to preserve the appearance and value of the Properties and/or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. DRAFT (v) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Common Maintenance Areas rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorneys' fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. (vi) Utilities. Pay all utility charges attributable to Common Maintenance Areas. (vii) Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots and Common Maintenance Areas constituting the residential community created on the Properties. (viii) Right to Contract. Have the right to contract for all goods, services, maintenance, and capital improvements provided. However, such right of contract shall be subject to Association approval. (ix) Improvement of Common Maintenance Areas. Improve the Common Maintenance Areas with capital improvements to such Common Maintenance Areas, subject to the terms of Article VII, Section 6. (x) Right of Entry. Enter any Lot or Residence when reasonably necessary in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence twenty-four (24) hours prior to such entry. Such entry must be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot). If the repairs or maintenance activities were necessitated by the Owner's neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be assessed against the Owner of the other Lot. (xi) Promulgation of Rules. Adopt and publish rules and regulations governing the members and their guests and establish penalties for any infraction thereof. (xii) Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. (xiii) Employment of Manager. Employ a manager, an independent contractor, or such other employee as the Board deems necessary and describe the duties of such employees. DRAFT (xiv) Payment for Goods and Service. Pay for all goods and services required for the proper functioning of the Common Maintenance Areas. (xv) Impose Assessments. Impose annual and special assessments. (xvi) Bank Account. Open a bank account on behalf of the Association and designate the signatories required. (xvii) Easements. Execute any and all covenants, easements, or other necessary documentation relating to the use of Common Maintenance Areas. (xviii) Exercise of Powers, Duties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them. ARTICLE XI ARCHITECTURAL CONTROL Section 1. Architectural Control Committee ("Committee"). The Committee shall consist of not less than three (3) and not more than five (5) members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. During the Development Period, the Declarant may elect to exercise and perform the functions of the Committee. If the Declarant elects not to perform this function or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the functions of the Committee shall be performed by the Board until such time as the Board shall appoint and designate the Committee. The Committee shall be appointed within one month of the election of the Board following the termination of the Development Period. Section 2. Jurisdiction and Purpose. The Committee, or Declarant if a Committee has not been appointed, shall review proposed plans and specifications for accessory structures, air conditioners, fences, walls, hot tubs, sports courts, appurtenant recreational facilities or other exterior structures to be placed upon the Lots or Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, heights, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee shall also review proposals to change the exterior color of residences in the community. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the surrounding structures, surrounding natural and built environment, and aesthetic character of other residences in the Woods at Highlands Park community. Section 3. Membership. The Committee shall be designated by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obliged to fill a DRAFT vacancy on the Committee unless the membership of the Committee numbers less than three (3) persons. Section 4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discretionary judgments. The recommendations of such individuals are subject to review by the entire Committee at the request of any member of the Committee. Section 5. Voting. Committee decisions shall be determined by a majority vote by the members of the Committee. Section 6. Submission of Plans and Specs. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting construction plans and specs which include, but are not limited to: a site plan, architectural, grading, lighting, and landscape plans. The plans and specifications should contain the following information: (i) Building elevations for all sides of the residence and/or accessory structures with reference to the existing and finished Lot grade. Include foundation, windows, garages, doorways, roof pitch, porches, decks, stairways; (ii) The elevation of the landscaping, retaining walls, and fences with reference to existing and finished Lot grade. Materials, colors, and textures under consideration must be indicated. For proposed fences, retaining walls and rockeries, show relationship to walls, fences, rockeries, and grades on adjacent Lots.; (iii) Drainage flows; (iv) Exterior finish materials, colors, and textures under consideration. Include roof.; (v) Landscape plan. Indicate species of plant material, size and height, and location.; and (vi) Other information which may be required in order to determine whether the standards in this Declaration and the Design Guidelines set forth and referenced to in Article XIII, Section 2, have been met. Section 7. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. The Committee shall determine whether the external design, color, building materials, appearance, setbacks, height, configuration, and landscaping of the proposed structure harmonize with the various features of the natural and built environment, the aesthetic character of the other homes in the The Woods at Highlands Park community, and any other factors which affect the desirability or suitability of a proposed structure or alteration. Section 8. Approval Procedures. Within thirty (30) days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposed improvement. The Committee may decline to approve plans and specifications which, in its opinion, do not conform DRAFT to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. In the event no disapproval of such plans and specifications is given within thirty (30) days of submission, the plans and specifications shall be deemed to be approved by the Committee and construction pursuant to the plans and specifications may be commenced. This provision shall not apply to plans and specifications for homes which will be constructed by Declarant. Section 9. Compliance with Codes. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications which it reviews comply with relevant building and zoning requirements. No person on the Committee or acting on behalf of the Committee shall be held responsible for any defect in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person acting on behalf of the Committee be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. i.) Section 10. Variation. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event the variation will not (1) place a detrimental impact on the overall appearance of the development, (2) impair the attractive development of the subdivision, or (3) adversely affect the character of nearby Lots or Common Maintenance Areas. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted in extraordinary circumstances. Section 11. Enforcement. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal (see Article XIV, Section 4). ARTICLE XII LAND USE RESTRICTIONS Section 1. Residential Restrictions. All Lots within the Properties shall be used solely for private single family residential purposes. Private single family Residences shall consist of no less than one Lot. Section 2. Property Use Restrictions. No Lot shall be used in a fashion which unreasonably interferes with the Owner's right to use and enjoy their respective Lots or Common Maintenance Areas. The Board, the Committee designated by it, or the Declarant shall determine whether any given use of the Properties and/or Lot unreasonably interferes with those rights and such determinations shall be conclusive. Section 3. Prohibition of Nuisances and Untidy Conditions. No noxious or offensive activity shall be conducted on any Lot or Common Maintenance Area nor shall DRAFT anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of other Owners to use and enjoy any part of the Properties. No activity or condition shall be conducted or maintained on any part of the Properties which detract from the value of the Properties as a residential community. No untidy or unsightly condition shall be maintained on the Properties. Section 4. Fences, Walls & Shrubs. Fences, walls or shrubs are, subject to the approval of the Committee, unless they would interfere with easements reflected on the face of the Plat and/or other easements elsewhere recorded. Fences, walls or shrubs shall be subject to the Design Guidelines set forth and referenced to in Article XIII. Section 5. Temporary Structures for Residential Purposes. No structure of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or other out buildings shall be used on any Lot at any time as a Residence, either temporarily or permanently. No vehicles parked in public rights-of-way may be used temporarily or permanently for residential purposes. All such structures shall be removed at the expense of the Owner of the Lot on which the structure is located. Section 6. Animals. No animals, other than dogs, cats, caged birds, tanked fish, and other conventional small household pets, may be kept on any Lot. Animals shall not be allowed to run at large. Dogs shall be kept on a leash and all other animals otherwise confined in a manner acceptable to the Board whenever outside the dwelling. Lot Owners shall be responsible for the removal of their animal’s waste wherever it is deposited within the Property. Those pets which are permitted to roam free, or, in the sole discretion of the Board, make objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience to the occupants of other Lot Owners, shall be removed on the Board’s request. If the pet owner fails to honor such request, the Board may remove the pet. Pets shall be registered, licensed and inoculated as required by law. If an investigation of the Board indicates animals are kept in violation of this section, the Board shall give the Owner ten (10) days' written notice of the violation. Such violations must be remedied by the Owner within ten (10) days. Failure to comply with the written notice will result in a fine of $25 per day, plus late fees. The Association shall be entitled to attorneys' fees for any action taken to collect such fines in accordance with the provisions of Article XIV, Section 4. If an Owner violates provisions of this section regarding pens and enclosures on more than two (2) occasions, the Board may require the Owner to remove such structure. Section 8. Delegation of Use and Responsibilities. Any Owner may delegate, in accordance with the Bylaws of the The Woods at Highlands Park Homeowners' Association, his right of enjoyment of Common Maintenance Areas to members of his family, his tenants, or contract purchasers who reside on the property. In the event an Owner rents or leases his property, a copy of this Declaration, as well as any rules and regulations that may be adopted by the Association, shall be made available by the Owner to the prospective renter at the time of commitment to the rental agreement. Each Owner shall also be responsible for informing guests 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 appropriate community behavior. Section 9. Trees and Outlooks. No trees, shrubs, or street trees, other than those retained by Declarant when clearing the Properties, shall be allowed to grow to a size which DRAFT noticeably and unreasonably interferes with a outlook of significance from another residence. In the event an Owner claims a tree(s) and/or shrub(s) unreasonably interferes with the Owner’s outlook of significance, the Owner shall notify the Association of such claim. The Board of Directors shall determine whether the outlook is of significance and whether there has been unreasonable interference with the outlook. Should the Board determine that there is an unreasonable interference, it shall notify the Owner of such tree or shrub in writing, specifying the nature of the interference, what should be done to eliminate the interference, and the time in which such action must be taken. Section 10. Protection of Trees. Owners shall not cut down street trees located within the Properties. Owners shall notify the Board of any dead or diseased tree located on their Lot and the Association shall determine if the tree should be removed. ARTICLE XIII BUILDING AND LANDSCAPING RESTRICTIONS Section 1. Plans and Specifications Must be Approved. Any Residence or temporary or permanent structure constructed in the Plat by a builder or Lot Owner other than Declarant, or its members individually, must have their plans and specs reviewed and approved by the Declarant, or Architectural Control Committee, if selected. Section 2. General Building and Landscaping Restrictions. The following general building and landscaping restrictions shall apply to the Declarant, builders and Lot Owners. Declarant has also established design guidelines which Declarant, builders and Lot Owners are subject to. The Design Guidelines are set forth in that document entitled The Woods at Highlands Park Design Guidelines. The Declarant, or Board of Directors after the Development Period, by majority vote, may change or modify the general building and landscaping restrictions and the design guidelines to suit the needs of the Plat. (i) Landscaping. Landscaping screening, hedges, and trees shall not be planted on Lots in locations which will adversely impact the safe sight distance at driveways and street intersections, or which unreasonably interfere with outlook corridors of other Lot Owners. Trees shall not be grouped together in such a manner which unreasonably interferes with outlook corridors of other Lots. Yard art must be approved by the Architectural Control Committee. (ii) Dog Runs and Enclosures. Not allowed. (iii) Accessory Structures. Accessory structures to the Residence may be temporary or permanent and shall include, but not be limited to, spas, garden sheds, play equipment, tool sheds, doll houses, gazebos, sports courts, swimming pools, tents, air conditioning units, satellite dishes, and flag poles. The Committee shall have full authority to determine what constitutes an accessory structure and if it shall be allowed at all. All proposed accessory structures must be approved, in writing, prior to its installation and/or construction, by the Committee and by the Lot Owners who will be affected by the proposed structure. Accessory structures shall be subject DRAFT to height restrictions, determined by the Committee. No accessory structures shall be located on the Lot in an area which unreasonably interferes with outlook corridors; the quiet enjoyment of adjoining or affected Lot Owners; or interferes with any retaining and/or keystone wall grids. (iv) Signs. No signs, billboards, or other advertising structure or device shall be displayed to the public outlook on any Lot, except one sign not to exceed four (4) square feet in area, may be placed on a Lot to offer the Lot for sale or rent. All such signs shall be of a quality equivalent to those used by Declarant. Furnished model homes may have more than one sign for advertising purposes. Signs may be used by the Declarant, or an agent of Declarant’s, to advertise the Lots during the construction and sale period, however the signs must be located in areas which are not offensive to anyone. The Committee may cause any sign placed on any Lot or any portion of the Properties they feel are in violation of these restrictions to be removed or destroyed. (v) Sport Courts and Swimming Pools. Sport courts and swimming pools must be approved by the Committee. No outdoor lighting shall be allowed unless approved by the Committee. No outdoor activity, including, but not limited to, noise, sports playing, and/or music, shall continue the curfew time established by City Ordinance, if any; otherwise, as dictated by the Association. (vi) Utilities and Satellite Dishes. The wiring of accessory buildings or lights of any kind shall be underground. No radio or television antennae, transmitters, or other similar devices, shall be constructed or allowed on any Lot. Satellite receiving dishes shall be allowed, subject to the review of Committee, however no such device shall be located on any Lot in a location that is visible from the adjoining homes, streets, and roadways, and shall not be located at the front elevation of the home. This includes, but is not limited to, rooftops. The Committee may grant a variance to these location restrictions due to satellite reception problems. Any satellite device must be properly screened. Any violation of these restrictions may result in the removal of such device, at the sole expense of the Lot Owner causing the violation, if not removed within 48 hours after the notice of removal requirement has been delivered to the Lot Owner causing the violation. (vii) Fences. All fences must be approved by the Committee and meet design guidelines. Height approvals may vary. All fences to be built shall be the same color and design as the fences constructed by the Declarant unless otherwise approved by the Committee. All fences shall comply with City of Renton Codes or associated jurisdiction as written now or hereafter amended. See attached exhibit “c”, fence detail. Section 3. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local governmental authority and DRAFT written approval of such permits from the Board, Committee or the Declarant. The Committee must approve the plans for all construction or alteration proposals (see Article XI). Section 4. Codes. All construction shall conform to the requirements of the State of Washington codes (building, mechanical, electrical, plumbing) and local requirements required by King County in force at the commencement of the construction, including the latest revisions thereof. Section 5. Entry for Inspection. Any agent, officer or member of the Board, Committee, or the Declarant may, at any reasonable predetermined hour, upon 24 hours' notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above-recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. ARTICLE XIV GENERAL PROVISIONS Section 1. Covenants Running with the Land. These covenants are to run with the land and be binding on all parties and persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time the covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the individuals then owning Lots has been recorded which reflects their intent to amend the covenants in whole or in part. Section 2. Amendment. This Declaration and the Bylaws may be amended during the initial thirty (30) year period if fifty-one percent (51%) of the members vote to amend particular provisions of either instrument. This Declaration may be amended during the Development Period by any instrument signed by both the Declarant and the Owners of at least fifty-one percent (51%) of the Lots, including those owned by the Declarant. The provisions expressly referring to the Declarant may not be amended without the Declarant's approval. The Declarant may, unilaterally, during the Development Period, file for record an amendment to this Declaration legally describing the Other Parcels, as defined in Article XIV, Section 8. All amendments must be filed with the office of the King County Auditor. Section 3. Enforcement. The Association, the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorney's Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within sixty (60) days, such fees shall become a lien against the Owner's lot. Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. DRAFT Section 6. Severability. The invalidity of any one or more phrases, clauses, sentences, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if the invalid phrase, clause, sentence, paragraph or section had not been inserted. Section 7. Rule Against Perpetuities. In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association or twenty-one (21) years after the death of the last survivor of all the incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section 8. Failure of Board to Insist on Strict Performance No Waiver. The failure of the Board in any instance to insist upon the strict compliance with this Declaration or rules and regulations of the Association, or to exercise any right contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of any term, covenant, condition, or restriction. Section 9. Limitation of Liability. So long as a Director, Officer, or Declarant, acting on behalf of the Board or the Association, has acted in good faith, without willful or intentional misconduct, upon the basis of such actual information as is then possessed by such Person, then no such Person shall be personally liable to any Owner, or to any other Person, including the Association, for any damage, omission, error, or negligence of such Person; provided that this provision shall not apply to the extent the liability of such person for such act, omission, error, or negligence is covered by any insurance actually obtained by the Board. Section 10. Indemnification. Each Director, Officer, and Declarant 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 such person may be a party, or in which such person may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such person holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance actually obtained by the Board and except in such cases wherein such Director or Declarant is adjudged guilty of willful misfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have hereunto set their hand(s) and seal(s) this ______ day of __________________, 2014. DECLARANT BURNSTEAD CONSTRUCTION, LLC, DRAFT By _______________________________ Its _____________________ STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) On this _____ day of ____________, 2016, before me, the undersigned, a notary public in and for the State of Washington, personally appeared ___________________, _____________ of BURNSTEAD CONSTRUCTION LLC, a Washington Limited Liability Company, that executed the within and 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 on behalf of said corporation. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. __________________________________ NOTARY PUBLIC in and for the State of Washington, residing at __________________________________ _________________________________ (Print Name) My Commission Expires: ___________ EXHIBIT “A” LEGAL DESCRIPTION OF PROPERTY To be provided with Final Recording DRAFT EXHIBIT “B” MAP OF PROPERTY To be provided with Final Recording DRAFT EXHIBIT “C” FENCE DETAIL ***If fences are stained they must be stained in Sherman Williams #3522 Banyon Brown***