HomeMy WebLinkAboutL_Ravi Short Plat_Declaration CCRs_220816_v1.pdfWhen Recorded, Return to:
SAAA VENTURES LLC.
6463 167th In SE,
Bellevue, WA, 98036
DECLARATION
OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
Grantor: SAAA VENTURES, LLC
Grantee: CITY OF RENTON SHORT SUBDIVISION NO.
Legal Description Lots 1,2 and 3 of, City of Renton Short Lot Subdivision
(complete). No. , as recorded under King County
Recording No. Situate in King County,
Washington.
Assessor's Tax Parcel ID #: 142305-9033; TBD
Reference Nos. of Documents Released or Assigned: N/A
This Property is subject to the Washington Uniform Common Interest Ownership
Act, codified at Ch. 64.90 RCW, as it may be from time to time amended; provided,
however, under RCW 64.90.075(2), this Property is only subject to RCW 64.90.020,
64.90.025, and 64.90.030.
TABLE OF CONTENTS
PAGE
ARTICLE1 INTERPRETATION...................................................................................1
1.1 Washington Uniform Common Interest Ownership Act
(ch. 64.90 RCW)..............................................................................................1
1.2 Captions and Schedules..................................................................................2
1.3 Definitions........................................................................................................2
1.4 Owners Consent or Approval........................................................................2
ARTICLE2 PROPERTY RIGHTS...........................................................................9.....3
2.1 Lots...................................................................................................................3
2.2 Easements........................................................................................................3
2.2.1 Right to Use.....
2.2.2 Utility Easement...............................................................................3
2.2.3 Ingress and Egress Easement..........................................................3
2.2.4 Parking..............................................................................................3
2.2.5 Easement for Fences and Open Space............................................4
2.2.6 Easement for Encroachments.........................................................4
2.2.7 Easement Over Lots.........................................................................4
2.2.8 Mailboxes..........................................................................................5
2.3 Party Walls......................................................................................................5
2.3.1 General Rules of Law to Apply.......................................................5
2.3.2 Cost of Repair...................................................................................5
2.3.3 Destruction of Fire or Other Casualty...........................................5
2.3.4 Weatherproofing..............................................................................5
2.3.5 Right to Contribution Runs with Land..........................................5
2.3.6 Arbitration........................................................................................5
SAAA VENTURES LLC / SE 2"" PI CCRs -Table of Contents page i
ARTICLE 3 REGULATION OF COMMON AREAS..................................................6
ARTICLE 4 USE/MAINTENANCE AGREEMENTS SET FORTH IN
PLAT............................................................................................................6
ARTICLE 5 ARCHITECTURAL CONTROL; USE; MAINTENANCE,
ETC...............................................................................................................6
5.1 Architectural Control.....................................................................................6
5.2 Use of Lots.......................................................................................................6
5.3 Use of Common Areas....................................................................................7
5.4 Nuisances.........................................................................................................7
5.5 Subdivision......................................................................................................7
5.6 Maintenance of Property.
Obligationsof Owners.....................................................................7
5.6.2 Damage Caused by Owner..............................................................7
5.7 Garbage and Trash Removal.........................................................................7
5.8 Pets...................................................................................................................8
5.9 Signs.................................................................................................................8
5.10 Rentals.............................................................................................................8
5.11 Governmental Regulations and Restrictions................................................8
5.12 Vehicles............................................................................................................8
5.13 Window and Door Treatments......................................................................8
5.14 Antennas..........................................................................................................9
5.15 Personal Property...........................................................................................9
5.16 Assessments.....................................................................................................9
ARTICLE 6 INSURANCE................................................................................................9
6.1 Owner's Insurance..........................................................................................9
6.2 Reconstruction..............................................................................................10
ARTICLE 7 MORTGAGEE PROTECTION..............................................................10
7.1 Abandonment of Declaration.......................................................................10
7.2 Effect of Declaration Amendments.............................................................10
SAAA VENTURES LLC / SE 2"`1 PI CCRs - Table of Contents page ii
ARTICLE 8 COMPLIANCE WITH DECLARATION..............................................10
8$1 Enforcement..................................................................................................10
8.2 No Waiver of Strict Performance................................................................10
ARTICLE 9 TERM OF DECLARATION —COMPLIANCE WITH RULE
AGAINST PERPETUITIES AND RESTRAINTS OF
ALIENATION...........................................................................................11
ARTICLE 10 AMENDMENT OF DECLARATION...................................................11
10.1 Amendments...
10.2 Prior to Close of First Sale...........................................................................11
ARTICLE 11 MISCELLANEOUS................................................................................11
11.1 Notices............................................................................................................11
11.2 Notification of Sale of Lot............................................................................12
11.3 Remedies Cumulative...................................................................................12
11.4 Successors and Assigns.................................................................................12
11.5 Joint and Several Liability...........................................................................12
11.6 Priority of Mortgage.....................................................................................12
11.7 Attorneys' Fees..............................................................................................12
11.8 Severability....................................................................................................12
11.9 Limitation of Liability..................................................................................12
ARTICLE12 ARBITRATION.......................................................................................13
SAAA VENTURES LLC / SE 2"`� PI CCRs -Table of Contents page iii
DECLARATION
OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
THIS DECLARATION is made as of the date hereinafter set forth by SAAA
VENTURES, LLC, a Washington limited liability company ("Declarant").
RECITALS
A. Declarant is the owner of Lots 1, 2 and 3 of Short
SubdivisionNo. , all as more particularly described on the cover page
attached hereto and incorporated herein by this reference (the "Property").
S. A residential dwelling has been constructed on each of the Lots
C. Declarant hereby declares that the Lots shall beheld, conveyed, divided,
encumbered, hypothecated, leased, rented, used, occupied and improved subject to the
following covenants, conditions, restrictions, limitations, reservations, easements, rights,
rights -of -way, liens, charges and equitable servitudes, all of which are hereby declared,
established, expressed and agreed: (i) to be for the benefit of and protection of the
Property, its desirability, value and attractiveness; (ii) to be for the benefit of the Owners
and Mortgagees of the Lots; (iii) to run with the land and be binding upon all parties
having or acquiring any right, title or interest in the Property or any part thereof, (iv) to
inure to the benefit of every portion of the Property and any interest therein; and (v) to
inure to the benefit of and be binding upon the successors and assignees in interest of
each Owner and of Declarant.
D. No homeowners association has been formed for this Property and
therefore, no assessments are collected from the Owners of the Lots.
ARTICLE 1
INTERPRETATION
1.1 Washington Uniform Common Interest Ownership Act
(ch. 64.90 RCW). The Property is a "plat communityi5 as defined in
RCW 64.90.010(37). However, under RCW 64.90.075(2), the Property is only subject to
RCW 64.90.020, 64.90.025, and 64.90.030, because (a) the Property is not subject to any
development right;(b) the Property does not have more than twelve Lots; (c) this
Declaration does not provide for the establishment of a homeowners association or the
levying of assessments and therefore, there will be no annual average assessment of Lots
in excess of $300; (d) the Declarant reasonably believes in good faith that no assessment
of Lots is required to pay the expenses of the association because there will be no
SAAA VENTURES, LLC/RA VI Short Plat, CCRs page 1
association; and (e) the required provision restricting assessments is set forth in
Section 5.16.
1.2 Captions and Schedules. Captions given to the various Articles and
Sections herein are for convenience only and are not intended to modify or affect the
meaning of any of the substantive provisions hereof. Any schedules or exhibits referred
to herein and attached hereto shall be deemed incorporated herein by reference as though
fully set forth where such reference is made.
1.3 Definitions.
1.3.1 "Common Areas" shall mean the easement areas and other
property interests and improvements thereto where common usage by the Owners is
permitted, as more particularly described herein and on the Plat of the Property.
1.3.2 "Declara�zt" shall mean SAAA VENTURES, LLC, a Washington
limited liability company.
1.3.3 "Declaration" shall mean this Declaration and any amendments
thereto.
1.3.4 "Mortgage" shall mean a recorded mortgage or deed of trust that
creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot.
"Mortgagee" shall mean the beneficial owner or designee of the
beneficial owner, of an encumbrance on a Lot created by mortgage or deed of trust and
shall also mean the vendor, or assignee of a vendor, of a real estate contract for the sale of
a Lot.
1.3.6 "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of fee simple title to any Lot, including contract purchasers, but
excluding those having such interests merely as security for the performance of an
obligation.
1.3.7 "Plat" shall mean the City of Renton Short Subdivision
No. , as recorded under King County Recording No. , by
which the Lots were created.
1.3.8 "Lot"shall mean and refer to any one of the lots of the Property
together with all improvements thereto.
1.4 Owners Consent or Approval. Whenever any of the provisions of this
Declaration require the consent or approval of, or a decision by, some or all of the
Owners, then, unless otherwise expressly provided herein, the unanimous consent,
approval or affirmative decision of such Owners shall be deemed to be required.
SAAA DENTURES, LLC / RA DI Short Plat, CCRs page 2
ARTICLE 2
PROPERTY RIGHTS
2.1 Lots. Subject to the provisions of this Declaration, each Owner shall have
the right to own, use and enjoy the Lot owned by said Owner. The addresses for each of
the Lots shall be as follows:
LoT AnnxEss
1 6304 SE 2nd Pl.
Renton, WA 98057
2 Xxxx SE 2nd Pl.
Renton, WA 980571
3 Xxxx SE 2nd Pl.
Renton, WA 980571
2.2 Easements.
2.2.1 Right to Use. Subject to the provisions of this Declaration and
the Plat, each Owner, except as otherwise limited herein, shall have the right to use, enjoy
and receive the benefit of any easements created hereunder or pursuant to the Plat.
Utility Easement. There is hereby declared and granted a
utility easement over, under, through, across and upon the Property as more particularly
described on the Plat as the "Utility Easement." The Utility Easement shall include, but
not be limited to, underground water lines, power, gas, telephone, cable, sanitary sewer
and storm sewer and building repair and maintenance and emergency access.
2.2.3 Ingress and Egress Easement. There is hereby declared and
granted to the Owners of the Lots a perpetual, non-exclusive easement for pedestrian and
vehicular access, ingress, and egress over, under, through, across and upon, that portion
of the Property as more particularly described on the Plat as the "Ingress and Egress
Easement".
2.2.4 Parking. Parking for each Lot is provided within the Lot and
is not subject to any easement hereunder. Each Owner may park vehicles on their
respective driveway, provided that they do not hinder or prevent the other Owner's use of
the Ingress and Egress Easement from the street to the Owner's respective Lot.
SAAA VENTURES, LLC / RAVI Short Plat, CCRs page 3
2.2.5 Easement for Fences and Open Space. Fences constructed
on the Property as of the date of this Declaration may not in every case be located on a
property line as depicted on the Plat. To the extent that any such fence encloses a yard or
open space area adjoining one of the homes constructed on a Lot, an easement is hereby
declared and granted for the installation of such fence and its maintenance, repair and
replacement. To the extent that any such fence encloses a portion of a Lot as yard or
open space area benefiting the adjoining Lot ("Yard Easement Area"), an easement is
hereby declared and granted for the benefited Owner to use such Yard Easement Area for
yard, landscaping and open space purposes. The Owner of the benefited Lot shall
indemnify and hold the Owner of the servient Lot harmless from any liability, damage or
cost for personal injury or property damage arising from any negligent or wrongful act or
omission within such Yard Easement Area by the benefited Owner or the benefited
Owner's guests, invitees, contractors or visitors. Owners sharing a common fence shall
share equally in its ordinary maintenance, repair and replacement.
2.2.6 Easement for Encroachments. Each Lot is hereby declared
to have an easement over all adjoining Lots for the purpose of accommodating any
encroachment due to engineering errors, errors in original construction, settlement or
shifting of any building located on any Lot, or any other similar cause, and any
encroachment due to building overhang or projection. Without limitation, such easement
shall be applicable to any fence installed by Declarant on the Property. There shall be
valid easements for the maintenance of said encroachment so long as they shall exist, and
the rights and obligations of Owner shall not be altered in any way by said encroachment,
settling or shifting; provided, however, in no event shall a valid easement for
encroachment be created in favor of an Owner or Owners if said encroachment occurred
due to willful act or acts with full knowledge of said Owner or Owners. In the event any
building or improvement on a Lot is partially or totally destroyed, and then repaired or
rebuilt, the Owners agree that minor encroachments over adjoining Lots shall be
permitted, and that there shall be valid easements for the maintenance of said
encroachments so long as they shall exist. The foregoing encroachments shall not be
construed to be encumbrances affecting the marketability of title to any Lot.
2.2.7 Easement Over Lots. There is hereby reserved to each Owner
an easement over each adjoining Lot to the extent reasonably necessary to permit said
Owner to repair, maintain and improve the improvements on said Owner's Lot.
Provided, each Owner shall: (i) utilize only such portion of another Lot, and only for
such duration as is reasonably necessary to accomplish a permitted purpose and in a
manner that will not unnecessarily disturb the peaceful enjoyment of such other Lot by
Owner thereof; and (ii) at said Owner's sole expense, repair any damage caused to such
other Lot and improvements thereof and restore such other Lot and improvements to as
near the original condition as reasonably practicable.
SAAA VENTURES, LLC / RAVI Short Plat, CCRs page 4
2.2.8 Mailboxes. There is hereby declared and granted to the
Owners of the Lots an easement for the purpose of installation, maintenance, use and
replacement of mailboxes serving the Property as installed by Declarant.
2.3 all Walls.
2.3.1 General Rules of Law to Apply. Any wall which is built as
part of the original construction of the townhomes upon each Lot and placed on the
dividing line between the Lots shall constitute a party wall, and, to the extent not
inconsistent with the provisions of this Article, the general rules of law regarding party
walls and liability for property damage due to negligence or willful acts or omissions
shall apply thereto.
2.3.2 Cost of Repair. The cost of reasonable repair and
maintenance of a party wall shall be shared equally by the two Owners who make use of
that wall.
2.3.3 Destruction of Fire or Other Casualty. If a party wall is
destroyed or damaged by fire or other casualty, any Owner who has the use of the wall
may restore it, and the other Owner who makes use of the wall shall contribute one-half
of the cost of restoration thereof without prejudice, however, to the right of any such
Owner to call for a larger contribution from the other Owner under any rule of law
regarding liability for negligent or willful acts or omissions.
2.3.4 Weatherproofing. Notwithstanding any other provisions of
this article, an Owner who by his negligent or willful acts causes the party wall to be
exposed to the elements shall bear the whole cost of furnishing the necessary protection
against such elements.
2.3.5 Right to Contribution Runs with Land. The right of any
Owner to contribution from any other Owner under this Section shall be appurtenant to
the land and shall pass to such Owner's successors in title.
2.3.6 Arbitration. In the event of any dispute arising concerning a
party wall, or under the provisions of this Section, such dispute shall be subject to
arbitration pursuant to ARTICLE 12 below.
SAAA VENTURES, LLC /RANI Sho�t Plat, CCRs page S
ARTICLE 3
REGULATION OF COMMON AREAS
The use, repair and maintenance of Common Areas shall be subject to the control
and regulation of the Owners, who shall act by unanimous decision, unless otherwise
provided, and associated costs for use, repair and maintenance shall be shared in the same
manner (equally, unless otherwise provided); provided, however, each Owner shall be
responsible for the ordinary day-to-day maintenance and repair, including landscaping
and cleaning, of the portion of any Common Area lying within such Owner's Lot, except
as expressly provided otherwise. In the event of any dispute arising concerning the
Common Areas, or under the provisions of this Article, such dispute shall be subject to
arbitration pursuant to ARTICLE 12below.
ARTICLE 4
USE/MAINTENANCE AGREEMENTS SET FORTH IN PLAT
Each Lot is subject to certain use and maintenance agreements set forth on the
Plat of the Property and Owner of each Lot is hereby advised to review such provisions
prior to commencing any maintenance or repair of the improvements constructed on such
Owner's Lot.
ARTICLE 5
ARCHITECTURAL CONTROL; USE; MAINTENANCE, ETC.
5.1 Architectural Control. No improvements, alterations, repairs,
excavations, major landscaping, changes in grade or other work which in any way
materially alters the grade or condition of the Lots or materially changes the type, quality
or color of the improvements located thereon existing on the date such Lot was first
conveyed in fee by Declarant to an Owner shall be made or done without the prior written
approval of Owners of the other Lots. In the event an Owner fails to approve, modify or
disapprove in writing a request within thirty (30) days after plans and specifications in
writing have been submitted, the Owner's approval will be deemed granted.
No
improvement, alteration or repair of any Lot or the improvements constructed
thereon, whether interior or exterior, shall be made until the Owner thereof has obtained
all necessary governmental permits and approvals and any such work shall be performed
in compliance therewith.
5.2 Use of Lots. All Lots and improvements located thereon shall be used,
improved and developed exclusively for residential purposes. Home occupations are
permissible only to the extent allowed by Renton Municipal Code Chapter 23.45, as it
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VENTURES, LLC / RAVI Short Plat, CCRs page 6
may be amended; provided, however, that in no event may signs be displayed in
connection with any such home occupation. Notwithstanding anything to the contrary
herein, until such time as the Lots have been sold by Declarant, Declarant, its agents or
assigns shall have the right to use any Lot owned by Declarant as an office, sales facility
or model unit.
5.3 Use of Common Areas. All Common Areas shall be used for the
purposes for which they are established in accordance with this Declaration and the Plat
of the Property. Each Owner shall observe the restrictions related to the use of the
Common Areas as set forth in this Declaration, the Plat and any rules and regulations
adopted by Owners.
5.4 Nuisances. No nuisance shall be permitted to exist on or operate upon
any Lot or improvement thereon so as to be detrimental to any other Lot or to its
occupants.
5.5 Subdivision. No Lot shall be further subdivided or separated into smaller
Lots by any Owner, and, without unanimous consent of Owners, no portion less than all
of any such Lot, nor any easement or other interests therein, shall be conveyed or
transferred by an Owner. The foregoing sentence shall not prohibit deeds of correction,
deeds to resolve boundary disputes, and similar corrective instruments.
5.6 Maintenance of Property.
Obligations of Owners. Each Owner shall keep such Owner's
Lot, and all improvements, landscaping and yard areas thereon, in good order and repair
and free of debris, in a manner and with such frequency as is consistent with good
property management. In the event an Owner of any Lot in the Property shall fail to
maintain the Lot and improvements situated thereon, as provided herein, the other
Owners, after notice to Owner and unanimous approval by the remaining Owners, shall
have the right to enter upon the Lot to repair, maintain and restore the Lot and the
exterior of the improvements erected thereon. All costs related to such correction, repair
or restoration shall be charged to such Lot.
5.6.2 Damage Caused by Owner. In the event that an arbitrator or
court determines that the need for maintenance, repair, or replacement is caused through
the willful or negligent act of an Owner, or the family, guests, lessees or invitees of any
Owner(the "Defaulting Owner"), and is not covered or paid for by insurance, in whole or
in part, then the other Owners may perform such maintenance, repair or replacement at
the Defaulting Owner's sole cost and expense and shall become a lien against the Lot of
the Defaulting Owner.
5.7 Garbage and Trash Removal. No Lot shall be used as a dumping
ground for rubbish, trash or garbage and each Lot shall be kept free of debris by the
Owner thereof. Owners shall individually contract for garbage and recycling collection
'AAA
VENTURES, LLC/RANI Short Plat, CCRs page 7
with the City of Renton. The garbage and recycling containers serving each Lot shall be
stored within such Lot. Each Owner shall be responsible for placing such containers at
the appropriate location for pick up the evening before collection and shall be responsible
for returning the containers to their proper storage location not later than the evening after
collection has occurred.
5.8 Pets. Except for no more than three (3) domesticated pets (such as dogs,
cats, birds, fish, hamsters, or other pet sold at a licensed pet store in Washington State),
no animals shall be kept on any Lot. No such pet shall disturb any other Owner through
noise or other behavior.
5.9 Signs. No commercial advertising signs or billboards or structures shall
be erected on any Lot or displayed to the public on any Lot except for standard size
"For Sale" or "For Rent" realty signs unless written permission of all Owners is obtained.
Notwithstanding the foregoing, so long as Declarant owns a Lot, Declarant shall be
permitted to maintain on any Lot or Lots owned by Declarant such signage and other
facilities (including model homes) as Declarant may choose.This restriction shall not
prohibit Owners from posting political signage in accordance with RCW 64.38.034 or the
flag of the United States in accordance with RCW 64.38.033.
5.10 Rentals. Owners shall be prohibited from leasing or renting less than an
entire Lot or improvements thereon, or for a term of less than thirty (30) days (with the
exception of a lender in a possession of a Lot and improvements thereon following a
default in a first mortgage, a foreclosure proceeding or any deed of trust sale or other
arrangement in lieu of a foreclosure); and all leasing or rental agreements shall be in
writing and be subject to the Declaration (with a default of the tenant in complying with
the Declaration constituting a default under the lease or rental agreement).
Notwithstanding the foregoing, so long as the Owner of a Lot, or a tenant who is
permitted under the preceding sentence, resides in such Owner's or tenant's Lot, then the
Owner or tenant may have roommates or other guests who pay rent to such Owner or
tenant.
5.11 Governmental Regulations and Restrictions. All zoning, building,
environmental and other governmental rules, regulations, ordinances and laws applicable
to the Property subject to this Declaration shall be observed. In the event of any conflict
between any provision of such governmental rules, regulations, ordinances and laws and
the restrictions of this Declaration, the more restrictive provisions shall apply.
5.12 Vehicles. No parking or storage of boats, trailers, commercial trucks,
campersI recreational vehicles, other equipment or devices or inoperable vehicles shall be
permitted in open view on the Property nor shall any vehicle be parked so as to block or
hinder ingress to or egress from Lots.
5.13 Window and Door Treatments. All window treatments for the homes
constructed on each Lot, such as draperies or blinds, shall appear to be a neutral color to
'AAA
VENTURES, LLC / RAVI Short Plat, CCRs page 8
an observer standing outside of such townhomes. No storm doors, exterior awnings,
exterior blinds or other exterior window treatments shall be installed or attached to any
residence constructed on the Property. No bars or other visible security devices shall be
erected, installed or attached to any residence on the Property.
5.14 Antennas. No external antenna, tower or satellite dish shall be permitted
on the Property except that an Owner may place a satellite dish on the Owner's Lot
provided that such dish is no larger than one meter in diameter.
5.15 Personal Property. Owners shall keep the exterior areas of their Lots in a
neat and orderly condition and shall not store or leave lying about personal property such
as sporting equipment, swimming pools, bicycles, boats, kayaks, canoes, outboard
motors, gardening equipment or similar items, all of which shall be stored inside the
improvements constructed on the Lot except when in use. Specifically excluded from
this proscription are patio furniture, one barbeque for each Lot, pots and planters, and
landscaping materials.
5.16 Assessments. No assessment of Lots is required to pay the expenses of a
homeowners association because there is not such an association. However, to the extent
that a homeowners association is established and assessments charged to the Lots, any
such assessment may not be increased above $300, as adjusted pursuant to
RCW 64.90.65, prior to the transition meeting without the consent of the Owners of the
Lots, other than Declarant, holding ninety percent of the votes in the association.
ARTICLE 6
INSURANCE
6.1 Owner's Insurance. Each Owner shall continuously maintain in effect
insurance with respect to (i) such Owner's Lot (including any Common Areas located
upon such Lot), and (ii) the improvements constructed thereon, covering such casualties
and liabilities and meeting the insurance requirements typically required by residential
lenders for homes in the City of Renton, including those now or hereafter established by
the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Housing Authority and/or Veterans Administration ("Secondary Market
Agencies") so long as any such agencies are either a Mortgagee or Owner of a Lot within
the Property, except to the extent such coverage is not available or has been waived in
writing by such agencies. Upon request by the other Owners, each Owner shall provide
satisfactory written evidence that such insurance is being maintained and that all
premiums therefore have been paid. If an Owner fails to obtain any required insurance or
Fails to pay the premium therefor, the other Owners may (but shall not be obligated to)
obtain such insurance and/or make such payments for such Owner and charge the cost of
such payments to such Owner.
SAAA VENTURES, LLC /RA VI Short Plat, CCRs page 9
6.2 Reconstruction. In the event of damage or destruction by fire or other
casualty of any improvements on a Lot, Owner thereof shall, upon receipt of the
insurance proceeds, repair or rebuild such damaged or destroyed portions of the
improvements in a good workmanlike manner substantially the same as the original plans
and specifications of said property.
ARTICLE 7
MORTGAGEE PROTECTION
7.1 Abandonment of Declaration. Owners shall not, without the unanimous
consent of all first Mortgagees of record of the Lots, seek by act or omission to abandon
this Declaration or cause any Lot to be removed from the provisions hereof.
7.2 Effect of Declaration Amendments. No amendment to this Declaration
shall be effective to modify, change, limit or alter the rights expressly conferred upon
Mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded
unless the amendment shall be consented to in writing by the holder of such mortgage.
Any provisions of this Declaration conferring rights upon Mortgagees which is
inconsistent with any other provisions of said Declaration shall control over such
inconsistent provisions.
ARTICLE 8
COMPLIANCE WITH DECLARATION
8.1 Enforcement. Each Owner shall comply strictly with the provisions of
this Declaration as the same may be lawfully amended from time to time, and with all
decisions adopted pursuant to this Declaration. Failure to comply shall be grounds for an
action to recover sums due for damages, or injunctive relief, or both, maintainable by an
aggrieved Owner against the party failing to comply.
8.2 No Waiver of Strict Performance. The failure of an Owner in any one
or more instances to insist upon the strict performance of any of the terms, covenants,
conditions or restrictions of this Declaration, or to exercise any right or option contained
in this Declaration, or to serve any notice or institute any action, shall not be constructed
as a waiver or a relinquisrmient for the future of such team, covenant, condition or
restriction, but such term, covenant, condition or restriction shall remain in full force and
effect.
SAAA VENTURES, LLC / RE1VI Short Plat, CCRs page 10
ARTICLE 9
TERM OF DECLARATION — COMPLIANCE WITH RULE AGAINST
PERPETUITIES AND RESTRAINTS OF ALIENATION
The covenants contained herein shall run with the all and shall be binding upon
all parties and all persons claiming under them for fifty (50) years after the date of this
Declaration after which time the covenants shall be automatically extended for successive
period of ten (10) years, unless an instrument executed in accordance with Article 10
herein shall be recorded, canceling or terminating this Declaration.
ARTICLE 10
AMENDMENT OF DECLARATION
10.1 Amendments. Amendments to this Declaration shall be made by an
instrument in writing entitled "Amendment to Declaration" which sets forth the entire
amendment. Except as otherwise specifically provided for in this Declaration, any
proposed amendment must be unanimously approved in writing by the Owners.
Amendments shall be effective upon recording.
10.2 Prior to Close of First Sale. Prior to the close of the first Lot sale,
Declarant shall have the right to amend this Declaration by executing and recording, the
desired amendment thereto, and the recording of said amendment shall be presumed to be
valid as to anyone relying thereon in good faith.
10.3 Amendments to Conform to Lending Guidelines. So long as Declarant
continues to own one or more Lots. Declarant may record such amendments to the
Declaration as necessary to meet the then requirements of title insurance companies, the
Secondary Market Agencies (as defined in Section 6.1), institutions or lenders financing
the purchase of a Lot from Declarant.
ARTICLE 11
MISCELLANEOUS
11.1 Notices. All notices, demands, or other communications ("Notices")
permitted or required to be given by this Declaration shall be in writing and, if mailed
postage prepaid by certified or registered mail, return receipt requested, shall be deemed
given three (3) days after the date of mailing thereof, or on the date of actual receipt, if
sooner; otherwise, Notices shall be deemed given on the date of actual receipt. Notice to
any 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 other Owners designate such other place
SAAA VENTURES, LLC/RA VI Short Plat, CCRs page 11
or places or individuals for the receipt of future Notices. If there is more than one Owner
of a Lot, Notice to any one such Owner shall be sufficient.
11.2 Notification of Sale of Lot. Concurrently with the sale of any Lot, the
new Owner shall notify the other Owners, in writing, of such sale. Such notification shall
set forth: (i) the new Owner's name; (ii) the street address of the Lot purchased by the
new Owner; (iii) the new Owner's mailing address; and (iv) the date of sale.
11.3 Remedies Cumulative. The remedies provided herein are cumulative,
and Owners may pursue them concurrently, as well as any other remedies which may be
available under law although not expressed herein.
11.4 Successors and Assigns. This Declaration shall be binding upon and
shall inure to the benefit of the heirs, personal representatives, successors and assigns of
Declarant, and the heirs, personal representatives, grantees, lessees, sublessees and
assignees of the Owners.
11.5 Joint and Several Liability. In the case of joint ownership of a Lot, the
liability of each of the Owners thereof in connection with the liabilities and obligations of
Owners, set forth in or imposed by this Declaration, shall be joint and several.
11.6 Priority of Mortgage. This Declaration shall not initially be binding
upon any Mortgagee of the Property of record at the time of recording of said Declaration
but rather shall be subject and subordinate to said Mortgage.
11.7 Attorneys' Fees. In any action to enforce the provisions of this
Declaration, the prevailing party in such action shall be entitled to an award for
reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation
for or prosecution of such action.
ll.8 Severability. The provisions hereof shall be deemed independent and
severe, and the invalidity or partial invalidity for unenforceability of any one provis ablion
or portion thereof shall not affect the validity or enforceability of any other provisions
hereof.
11.9 Limitation of Liability. So long as Declarant has acted in good faith,
without willful or intentional misconduct, upon the basis of such information as may be
possessed by Declarant in connection with matters governed by this Declaration, then
Declarant shall not be personally liable to any Owner, or to any other party, for any
damage, loss or prejudice suffered or claimed on account of any act, omission, error or
negligence of Declarant; provided, that this section shall not apply where the
consequences of such act, omission, error or negligence are covered by insurance
obtained by Declarant or Owner.
Sf1At1 VENTURES, LLC/RAVISho�tPlat, CCRs page 12
ARTICLE 12
ARBITRATION
Any disagreement between or among any Owners and/or Declarant, with respect to the
interpretation or application of this Declaration or the obligations arising hereunder shall
be determined by arbitration. Such arbitration shall be conducted, upon request of
Owners or Declarant desiring arbitration, before an arbitrator agreeable to the parties,
designated by the American Arbitration Association and in accordance with the rules of
such Association. The arbitrator designated and acting under this Declaration shall make
his or her decision in strict conformity with such rules and shall have no power to depart
from or change any of the provisions thereof. In accordance with such rules, the
arbitrator shall determine the controversy in accordance with the laws of the State of
Washington as applied to the facts. The expense of arbitration proceedings conducted
hereunder shall be borne equally by the parties to such arbitration. All arbitration
proceedings hereunder shall be conducted in the City of Renton, Washington. Judgment
upon the award may be entered in any court having jurisdiction thereof.
SAAA VENTURES, LLC/RAVIShortPlat, CCRs page 13
Dated this day of
DECLARANT:
SAAA VENTURES, LLC,
a Washington limited liability company
By
Its
STATE OF WASHINGTON
} ss.
COUNTY OF
2022.
This record was acknowledged before me on , 2022, by
as of SAAD VENTURES, LLC, a Washington
limited liability company.
[Stamp Below]
Signcttztt�e
Notary Public in and for the State of Washington
My Commission
Expires
SAAA VENTURES, LLC/RAVIShortPlnt, CCRs page 14