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HomeMy WebLinkAboutLUA14-000108_MiscAPPLICATION FOR CITY OF RENTON RIGHT OF WAY USE -DEFERRALS -WAIVERS -VARIANCES -FEE IN LIEU 1055 South Grady Way, Renton, WA 98057 ( 425) 430-7200 PROJECT NAME: (1,,1 taarr(1()loLL()hllme5 fi-l'.'J3 l3rt-mec±mtioh@l(r SITE ADDRESS: 3 a a -l3rem er jon ft\!:' fv E LEGAL DESCRIPTION OF PROPERTY: Include King County Assessors Parcel No: _______________________ _ APPLICANT: Cm fie.(' f-brnes I f,c:2.M ('(l'XX} 1-\i~NE: ---- . . CELL: ttiS3'63'8(a }j 3 BUSINESS ADDRESS: __________________________ _ Zip Code ATTACH A SEPARATE LETTER WITH THIS APPLICATION STATING IN DETAIL: The request which includes: L Applicable City Code and Sub-ordinance 2. Items and quantities involved 3. Justification for request 4. Amount of time requested 5. Provide vicinity map (8-1/2 by 11 inch sheet) Attach a drawing ofyonr site (on 8.Sxll inch paper). Mail or drop off the completed application and map to: Steve Lee, Development Engineering Manager CITY OF RENTON 1055 -S. Grady Way 6th Floor Renton, WA 98057 425-430-7299 Completed applications will be reviewed and a written determination issued approximately 3-4 weeks from date of receipt of application. You will be contacted if a ·cation is incomplete or if additional information is required. APPLICANT'S SIGNATURE: / DATE, q/1z/LV OFFICE USE ONLY OFFICE USE ONLY DEFERRAL y{ New ( ) Extension Off site -------------- 0 n site Boo \ G~ to 00m I+-- EXCESS RIGHT OF WAY ( ) FEE IN LIEU ( ) OFFICE USE ONLY OFFICE USE ONLY VARIANCE ( ) New ( ) Extension ( ) Underground ( ) Slope Grades WAIVER ( ) ( ) Driveway ( ) Noise H:\PW\CED\Data\Data and Forms\SelfHelpHandouts\Public Works\ROWand Deferral.doc 7/2014 irlrl~•CONSULJING ENGINEERS. LLc -----IGl@l~I July 17. 2014 Ms. Jan Illian Project Manager City of Renton Development Engineering 1005 South Grady Way Renton. WA 98057 Job No. 1241-006-005 RE: Cimarron Townhomes Final Plat (Fonnerly Bremerton Avenue Townhomes) Final Asphalt Utt and Striping Deferral Request Dear Jan: Per RMC 4-9-060C. a developer may make a request to defer improvements until after Final Plat recording. As part of the deferral. the applicant is required to provide a securtty in the amount of 150% of the estimated cost of the installation of the required improvements. This letter serves as a formal request to defer the installation of the final asphalt paving lift on the roads in the plat for one year after the Final Plat is recorded. Included with this request Is the deferral of all road striping and signage. The applicant reserves the right to request an extension of the deferral beyond one year as permitted by code. Please refer to the attached quantities worksheet that shows the amount of asphal~ striping. and signage that will be deferred as well as the associated cost of those items. This request is being made to facilitate the construction of the townhomes without the damaging of the pavement by construction vehicles and traffic. By allowing the final lift of pavement to take place after construction is complete, the road will be in better condition and will not require any immediate repairs. When this deferral is approved the applicant will provide the securtty funds as required. Please review this request and the provided materials. Should you have any questions, or require additional information please contact me directly. Sincerely, ESM CONSUL TING ENGINEERS, LLC EVAN MANN ffe1 Project Plannerv' / Enclosures cc: Rob Risinger \\esm8\engr\esm-Jobsl25al043l013\document\letter-017.doc ESM Federal way 33400 Bth Ave 5, Ste 205 federal Way, WA 98003 253.838.6113 tel 800.345.5694 toll free 253.838. 7104 fax ESM Everett 1C10 SE Everett Mall WaV, Ste 210 Everett, WA 98208 425.297.9900 tel 800.345.5694 toll free 425.297.9901 fax Civil Engireeri:,g L~nd PL:mning La~d Surveying Land;capf' Archltectt'te 3D Laser Scanl"!'nP. GIS www.esmc!vl!.com PAVING COMPANY u.c Su.«!~6? Complete Site Development Contracts -Commerclal .. Residential TO: Conner Homes DATE: Ja,..ry 22, 28M TELEPKONE: 425 646 4426 FAX: -425-462-0426 JOB SITE: 320 ElnlnHll1on Ave. NE ATTENTION: Rob/ Dalton TERMS: NET 30 DAYS Renton, WA BREMERTON AVENUE TOWNHOMES Job to Include ... I. Onslte: New Streets -1.400 square yards A. Sweep clean prevlously placed bottom lift. B. Apply SS-1 tack coat emulsion. C. 2w depth HMA Cl. 112'' asphalt paving top lift. D. $14,350.00 II. Onsite: Private Driveways -Phase I • 225 square yards A. Finegrade. B. 6" depth free draining crushed rock base. C. 4" depth porous asphalt paving -one 11ft. D. $13,725.00 Ill. Offslte: Bremerton Ave. -Curb Patch • 50 square yards A. Traffic control as needed. B. 4" depth HMA Cl. 1/2" asphalt patchback -two lifts. C. $1,900.00 IV. Offslte: Bremerton Ave. -Half Street Grind & Overtay -350 square yards A. Traffic control as needed. B. Grtnd existing asphalt to a 2" depth. C. Sweep clean and dispose of waste materials offslte. D. Apply SS-1 tack coat emulslon. E. 2'' depth HMA Cl. 112" asphalt overlay. F. $12,600.00 V. Lump Sum Total: $42.575.00 NOTE; This bid is based on two mob/1/zatlons to complllf.e the work described. Additional mobilizations at $1,250.00 each. EXCLUDES: PERMITS, FEES, TESTING, BOND, WEEKEND/HOLIDAY WORK. SURVEY SUBGRADE PREP, TRAFFIC CONTROL, UTILITY ADJUSTMENTS PAVEMENT IIARXINGS, CRACK SEALING This document and the exclusions I inclusions listed above shall be included as an appendix to any subcontract between Lakerldge Paving Company LLC and the General Contractor. PLUS WASHINGTON STATE SALES TAX OR RESALE CERTIFICATE WE CANNOT BE RESP C 1-J F FOR SUBGRADI!! PAl.l.llE · No Wort 8tart.d Until__. COl'ltl'IICt Racerwed The undenlgned .. ,.. licl J)IIJ Lallllldge Pawll Company L LC .. ~ Df1.R .... monUt or 111: lhe ,......_ fm aHowad by law, fflNa, on any paaldue KCCU11a, plul .....-.ble 111tDm9y't, ,._add~ iRt:IJmd m'I eOllldlDn afuid IICCGIA By: Data: LAKERIDG By: P.O. Box 8500, Covington, Washington 9804 Bellevue Phone: (425) 453-0073 . con1raoto~s License # LAK~RPC050 M ) 630-9709 ·+· 200 100 0 200 Feet Cimmaron Town homes Final Plat Vicinity Map I;] ,a 0 I z ~ z g ,a w "' CD BREMERTON TOWNHOMES -I.IATCH UN[ g Tl·IIS SHEET ~.;. A PORTION OF THE NE 114 & NW 1/4 SECTION 15, TOWNSHIP 23 N., RANGE 5 E., W.M. i~ SPECIAL FIOAD NOTES, ALL '9ENCH RFSTOHATION 5'-IALL BE PER CJ~RHIT CITY OF REt.TOO WENCH llfSTORATION ANO S1HEET 011[\llAY DETAIL P[R SECTION; REOUlflEl,l[t,T FOR l'ATl<iNG. 0\l[f!LAY, OV.RLAY '"'1C'f1.S, 1. T\lENC\<ES {ROAD CROSSINGS) ~. IF THE OUTS.'DE OF Tf-lE TRENCHINO IS V,,THIN TH~F:E "EH (3) CF ~N ADJACENT I_ANl Ll>IE. TH( PHIRE ADJACFNT TIMVHFD LANO: AFF"ECTED V-,LL \lE REPAVED g 1i ;,1, NE 4TH ST i ,; i l a l,IA "CH EXISTI"lC r -/'-1';-- SIDEV.ALK I [VE\. ;:; 8 RIDC£"7tCll' COU.'CT VO.'. 235, PCS 75-/8 ~ 3 ® I SHEET c10, g' ~je z _;;. 0 • t--u..l,. a::z8 8EGIN FA'~NG SlA. 0+:)6 ~ ~~z ~< NEW M()t. IN CAStc _q ... _ 0,2000- STA. 24+64 02 N-•8055g,go ,~,)12682 n I 0 / o,oo ' ' ~-__/ !' T 5'0\~t~.g~~PST ::L,\;t ~~ ~·':':'__ ---z"'~ mm ": NE JRD LANE -~ • STREET FOi,NO MON. It,~->\ 'lA>.IE -( Ol"N&Ol'WOF S'CNI ULC"D INTX. ,lt '~ ,,, ," g I & '] 4 ' i ,, dj> 4' {'.. 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I (425:m-~,~ ~-.,, '"'"""'' ', ~ 1"•2'l' (1 .,ZZ:;"Jf',,11!1., --.!!!!. 1-;?~I RC'1SIO', • (lAT( I -"F'I! ~ ~ ti _) CITY OF RENl0'.1 ~"'"''•/r,,.lld...,/Pca,1,c Wo"I Dool 6" FHEE ORA M"IG 6!\~E I 8" , 5" GARBAGE/ RECYCLING A9[A ,, ,, "' /:;'f' R-36S4 I 6 -----I BREMERTON TO'M4HO~ES ROAD PLAN a' , B UAR6AGE/ 9E(YCllNG AR~A rDR TRIPLEX RLOGS __,,, l~STALL FT:NCl (~ SIDES) W/ L_ j \W ~J:¥!! /I'~'@ I GA'c:S AND u(~~~ct~~NI~ I ---~fff I :;z------t END PU81 IC ROAD-+ STA 1"+4i.96 ll.=a-409 Ba '4 " '""00<0 0 j ~ I r=1J I ~ l'l\/(RTEo rno_WN src·10N r-----/ ! /·· I MIN. 4 HMA OVER I ·, · C CR'J$1-ED R~C~ \ 16 " ' ' , J _LT ____ '__Lj_ ____ _ <21962-00JO •219m-0020 4:0' 962-0D10 •OR TRIPLEX BsDCS INTALL FENCE '11/CA~E TO 5111ELC DUUPSTERS ANO LANDSCAPl~G ("1"11 (Sf[ L-1 1) l2'S60-0240 C(): R·3b'i4 16 • a w 0 > a 0 ' < z ' 0 a ~ a " z > d z 0 J ~ I 0 " < ~ ' " " ...... ' 0 a ' 0 :a ! ' > ; ~ < ' ~ z 0 '1 " " s ~ ' i s ' , < ~ ~ 1! g~ r:-; "· ~ gssHi i'.;~g.:~;; ffl ' - H1111 ~!liilI ~~ I "' I BREMERTON TOWNHOMES :T I e G~f:lG~ 'i''I'n'i' ~~~'"~ .':~?:_ii:~ "' m ~ CD a> :c z,, m ~ g 3: -I:! m O O :IJ ,e z -I ~!;:o :5 -I z ,, :,: " m ., z zm 5i[tl~ g Ii ;f I ; i;~~i i s ~ I ~ w " 0 I z 3' 0 >-I z 0 >- II BREMERTON TOWNHOMES A PORTION OF THE NE 1/4 l NW 1/4 SECTION 15, TOWNSHIP 23 N., AANClE 5 E., W.M. CIIII 2 Worlclig Dlly• a.ron, You Dig "' "' ,oo ''° :f . 0+00 1-800-424-5555 lltlllN llndlrv<v1d Loc:.ao,, c:..nt.r (l),MT~,<:li,WA) PROJECT #: UI 20093 CITY OF" ltENTON APPROVAL FOR SIT!: CONS1'RUCTION ~ --<b:t --.-,, ---,.;;- --,-. G: CIJKC!Wf ENGJNt.:BfllNG, !NC 45~ Ra,o;e< Bode,.,,d h,:,.-th 1,su~uh, w.,,,;,,gloo 9~027 {•25) ~92-8055 'AX (425: ]92-0108 ...,_ -9Y I c;.T[ I ""Pf! 1........,_ 1"-:!(I· l.::,~.I ..J:".::"~ ~~ x· (A,'.EY LI) STA. ,~oi.n EL-<09.7~ X4 (ALLET LT) STA, 1+5J.2~ EL~•11 47 X6 (ALU:Y ~-,) ~TA. 2+90.02\ L=409.~~ \ F:ND PU~Ur. 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DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT APPLICANT: Conner Homes LLC "" .. ·~-,_.!..---' Cimarron Townhomes Final Plat ( aka Bremerton Townhomes ) LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: (LUA06-133 PP,CU-A,SA-A,ECF) File: LUA14-000108FP 320 -Bremerton Ave NE SE y,; Section 15, Twp. 23 N. Rng. 5 E. Final Plat for 26 single family residential lots, with water, sewer, storm and streets. Approve With Conditions FINDINGS. CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Conner Homes LLC, filed a request for approval of a 26-lot final plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials were entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance Mitigated on November 20, 2006 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 320 -Bremerton Ave NE. The plat is located in Section 15, Twp. 23 N. Rng. 5 E. 6. The subject site {78,466 square feet) is a 1.8 acre parcel. 7. The preliminary plat, conditional use permit and site plan received approval from the City of Renton on March 26, 2007. 8. On May 21, 2012, a conditional use permit and site plan review (LUA12-008) was approved as original conditional use permit and site plan expired. The Preliminary Plat approval has not expired due to an extension. The applicant has an existing SEPA determination and approved preliminary plat under City file# LUA06-133. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNNING DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Conner Homes LLC Cimarron Townhomes Final Plat ( aka Bremerton Townhomes) (LUA06-133 PP,CU-A,SA-A,ECF) File: LUA14-000108FP 320 -Bremerton Ave NE SE Y. Section 15, Twp. 23 N. Rng. 5 E. Final Plat for 26 single family residential lots, with water, sewer, storm and streets. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Conner Homes LLC, filed a request for approval of a 26-lot final plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials were entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance Mitigated on November 20, 2006 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 320 -Bremerton Ave NE. The plat is located in Section 15, Twp. 23 N. Rng. 5 E. 6. The subject site (78,466 square feet) is a 1.8 acre parcel. 7. The preliminary plat, conditional use permit and site plan received approval from the City of Renton on March 26, 2007. 8. On May 21, 2012, a conditional use permit and site plan review (LUA12-008) was approved as original conditional use permit and site plan expired. The Preliminary Plat approval has not expired due to an extension. The applicant has an existing SEPA determination and approved preliminary plat under City file# LUA06-133. ' \ () (S, C.::~f,e.'"~ Grn,:u /or A \X' /c[fJv,i,, otW' .S As-Evil(s City of Renton Department of Community & Economic Development CIMARRON TOWNHOMES FINAL PLAT Final Plat Report & Decision LUA14-000108, FP Page 2 of7 9. The property is located within the CA Zone. 10. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 11. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the following conditions imposed by the ERC: a. The applicant shall comply with the recommendations found in the geotechnical report prepared by Earth Solutions LLC dated July 19, 2006. Response: All recommendations laid out in the geotechnical report prepared by Earth Solutions NW have been followed. The proposal has relied heavily on that report in preparing road and storm plans as well as the proposed foundations of the buildings. All grades, subsurface material, and compaction recommendations have been followed and inspected by the City of Renton inspector throughout development_ b. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction Permits. This condition shall be subject to the review and approval of the Development Services Division. Response: TESCP was prepared and submitted to City of Renton. Prior to site construction the TESCP was approved by Renton and all construction activities have been consistent with that plan_ c. The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual to meet both detention (Conservation Flow control, Level 2) and water quality improvements. Response: The stormwater system was designed per the requirements found in the ZOOS King County Surface Water Design Manual. A storm drainage plan was submitted for review by the City of Renton and was approved. All construction efforts have followed that plan and meet the requirements for both detention and water quality. d. The applicant shall pay a parks mitigation fee per each new single family lot. Response: Impact fees will be paid at the time of building permit issuance. e. The applicant shall pay a traffic mitigation fee per each new single family lot. Response: Impact fees will be paid ot the time of building permit issuance. f. The applicant shall pay a fire mitigation fee per each new single family lot. Response: Impact Fees will be paid ot the time of building permit issuance. 12. In addition, the applicant has complied with the following conditions as a result of the preliminary plat approval Hearing Examiner's Decision dated March 26, 2007: City of Renton Department of Community & Economic Development CIMARRON TOWNHOMES FINAL PLAT Final Plat Report & Decision LUA14-000108, FP Page 3 of7 a. The applicant shall comply with all requirements of the Determination of Non-Significance - Mitigated that was issued by the Environmental Review Committee on November 20, 2006. Response: See compliance under number 11. b. Demolition permits shall be obtained and all inspections completed on the demolition of the existing residences and detached accessory structures prior to final plat approval. Response: Demolition permits were obtained through the City of Renton Development Services Division and the homes were demolished per City code and all inspections have been completed with regard to demolition. c. "No Parking" signage shall be placed along the private access easement that extends off of the southern terminus of NE 3rd Court and serves the two triplex structures. Response: "No Parking" signage has been installed along the private access easement that extends off of the southern terminus of NE 3rd Court. d. A homeowner's association shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for shared roadway, stormwater and utility improvements. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. Response: A homeowners association DRAFT was prepared and will be recorded and created concurrently with the recording of the final plat. The homeowners association will establish maintenance responsibilities for shared roadway, stormwater and utility improvements. The draft was included with the Final Plat application for review and approved by the City of Renton Development Services Division and Property Services. Legal review is satisfied by Property Services. e. The preliminary plat map shall be revised to extend the private access easement located off of the southern terminus of NE 3rd Court to the southern property line. A revised preliminary plat map shall be submitted with the Utility Construction Permit application to the Development Services Division ager for review and approval. Response: The plat has been revised to extend the private access easement located off of the southern terminus of NE 3rd Court to the southern property line. That extension and construction has been approved by the Development Services Division Project Manager and is shown on the Final Plat. f. A Tree Retention and Replacement Plan shall be submitted with the Utility Construction Permit Application to the Development Services Division Project Manager for review and approval. The plan shall detail tree protection measures to be implemented to ensure survival of retained trees and shall include a planting plan showing the species and location of replacement trees. Response: A Tree Retention and Replacement Plan were submitted with the Utility Construction Permit Application to the Development Services Division Project Manager. It included sufficient detail regarding protection measures and a full planting plan for replacement trees. City of Renton Department of Community & Economic Development CIMARRON TOWNHOMES FINAL PLAT Final Plat Report & Decision LUA14-000108, FP Page4 of7 g. Either the building elevations shall be revised showing additional architectural detailing on the front facades of the buildings proposed to be located on Lots 19, 21, and 22 such that the facades would no longer qualify as blank walls, or the site plan shall be revised to provide a minimum 10- foot front yard setback for the structures proposed on Lots 19, 21, and 22. The revised elevations or site plan shall be submitted to the Development Services Division Project Manager and the Hearing Examiner before reviewing by the City Council. Response: The building elevations were revised and approved by the Development Services Division Project Manager as part of the building permit review process. All proposed buildings comply with the design standards of the City of Renton with regard to facades. The City Council does not review building elevations. h. A revised site plan shall be submitted to the Development Services Division Project Manager and Hearing Examiner providing a 15-foot maximum front yard setback for the structures proposed on Lots 9, 10, 20, 23, and 24. Response: The setbacks for structure on proposed lats 9, 10, ZO, Z3, and Z4 have been revised to shaw a 15-foot maximum front yard setback. That site plan was submitted as part of the final stages of land use approval and all buildings are in compliance with the setbacks. i. Either the building elevations shall be revised showing additional architectural detailing on the side yard along a street facades of the buildings proposed to be located on Lots 13, and 21-23 such that the facades would no longer qualify as blank walls, or the site plan shall be revised to provide a minimum 10-foot front yard setback for the structures proposed on Lots 13, and 21-23 The revised elevations or site plan shall be submitted to the Development Services Division Project Manager and Hearing Examiner for Lots 13, and 21-23. Response: The building elevations hove been revised and were reviewed as part of the building permit process. All proposed buildings comply with the design standards of the City of Renton with regard to facades. j. A revised landscape plan shall be submitted with the building permit application for Lot 15 to the Development Services Division Project Manager for review and approval. The revised landscape plan shall replace the proposed 10-foot sight-obscuring landscape strip with an IS-foot wide landscaped visual barrier along the southern property line. Response: A revised landscape plan was submitted and approved by Development Services Division. The 15-foot wide landscaped visual barrier along the southern property line is provided. k. A revised preliminary plat map shall be submitted to the Development Services Division Project Manager and Hearing Examiner for review and approval prior to the approval of the plat. The revised preliminary plat shall show the removal of the proposed 5-foot pedestrian access easement along the southern property line connecting to the property to the east. Response: The 5-foot pedestrian access easement was removed along the southern property line and is not shown on the final plat plan. I. The site plan shall be revised to include a maximum of 1 compact parking stall within the private garages of proposed Lots 1-6. The revised site plan shall be submitted to the Development Services Division Project Manager and Hearing Examiner for review and approval for Lots 1-6. City of Renton Department of Community & Economic Development CIMARRON TOWNHOMES FINAL PLAT Final Plat Report & Decision WA14-000108, FP Page 5 of 7 Response: Adequate parking per the Renton Municipal Code has been provided as necessary in the garages and as necessary within the plat. m. A modification to the Refuse and Recyclable Deposit Area regulations shall be submitted with the building permit applications for the triplex structures. The modification shall request the exemption of these structures from the common collection area requirements of this section if Waste Management determines that common collection areas would not be required. The modification request shall address the criteria outlined in RMC 4-9-250D. Response: City of Renton Solid Waste Coordinator Linda Knight in an email dated December 19, ZOl3, indicated that the City would allow an exemption from the common collection oreo requirement. This correspondence was circulated to the Development Services Division Project Manager. As such, all units in the Fino/ Plot will utilize curbside service. n. Revised building elevations shall be submitted at the time of building permit application to the Development Services Division Project Manager for review and approval. The revised building elevations shall show a minimum of 4Y, feet of weather protection over each side and rear secondary pedestrian entry, additional plane changes or material variation along the base of the front facade of Building A and the rear facades of Buildings B-F. The weather protection proposed over the primary entrances to Buildings G-H shall be revised to mimic the pitch and materials used on the roofs, and the rear facade of Buildings J & K requires additional modulation and articulation. Response: Revised building elevations hove been prepared and will be submitted at the time of building permit. The revised building permits address the above issues regarding weather protection of pedestrian entry ways, material variation, pitch, etc. o. The lot lines between Proposed Lots 21 and 22 and 23 and 24 could be shifted to provide additional street setbacks for Lots 21 and 22. If that is not possible, then one or both of those lots should be eliminated providing larger lots for the remaining homes in the cluster of Lots 19 to 26. Response: Additional street setbacks ore not necessary with the current design and as such lots Z1 and ZZ remain. All buildings on all lots will meet setbacks as established by Renton Municipal Cade. p. The applicant shall submit modified plans that satisfy the conditions imposed by staff and staff shall review those plans and make a final recommendation on their suitability to the Hearing Examiner. Response: The applicant has submitted modified plans that satisfy all conditions imposed by staff and all approvals have been given to proceed with construction and finalization of the plat. There/are staff recommends that the Examiner accept the modified plans. 13. In addition, the applicant has complied with the following conditions as a result of the Administrative Site Plan and Conditional Use Permit Report and Decision dated May 21, 2012: a. The applicant shall comply with the six mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated November 20, 2006. Response: See compliance under number 11. City of Renton Deportment of Community & Economic Development CIMARRON TOWNHOMES FINAL PLAT Final Plat Report & Decision LUA14-000l08, FP Page6of7 b. The applicant shall be required to comply with all conditions of approval included in the decision under LUA06-133, unless changes included in this application make those conditions non-applicable. Response: See compliance under number 12. c. A final landscape plan shall be submitted for review and approval by the Current Planning Project Manager prior to construction permit issuance. The final landscape plan shall meet the requirements included in RMC 4-8-120D and shall include details of the refuses and recycling screening. Response: A final landscape plan was submitted and approved by the Current Planning Project Manager. d. A new site plan shall be provided showing the refuse and recycling facility a minimum of 15- feet from the east property line. The site plan shall be reviewed and approved by the Current Planning Project Manager prior to construction permit issuance. Response: See compliance under number 12.m. e. Additional modulation shall be provided along the rear of the proposed buildings that meet the minimum modulation standards of Design District 'D'. Compliance with building modulation standards shall be provided in the Building Permit Application and shall be reviewed for approval by the Current Planning Project Manager. Response: Additional modulation has been designed along the rear of the proposed buildings that meet the minimum modulation standards of Design District 'D'. This will be provided in the Building Permit Applications and will be reviewed as part of that process. f. The recreation easement area shall be placed in a recreation tract as a part of the final plat (LUA06-133). Response: Tract A has been provided on the Final Plat and includes recreation area. g. All residential units shall comply with the following Design District 'D' standard: l. On any facade visible to the public, transparent windows and/or doors are required to comprise at least 50 percent of the portion of the ground floor facade that is between 4 feet and 8 feet above ground (as measured on the true elevation and untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways are prohibited). A wall (including building facades and retaining walls) is considered a blank wall if: • It is a ground floor wall or portion of a ground floor wall over 6 feet in height, has a horizontal length greater than 15 feet), and does not include a window, door, building modulation or other architectural detailing; or • Any portion of a ground floor wall has a surface area of 400 square feet or greater and does not include a window, door, building modulation or other architectural detailing. Response: Compliance with building modulation standards shall be provided in the Building Permit Application and shall be reviewed for approval by the Current Planning Project Manager. City of Renton Department of Community & Economic Development CIMARRON TOWNHOMES FINAL PLAT Final Plat Report & Decision LUA14-000108, FP Page 7 of7 All buildings meet the minimum standards of Design District 'D'. This will be provided in the Building Permit Application and will be reviewed as part of that process. h. The applicant shall provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties for review and approval by the Current Planning Project Manager prior to construction permit issuance. Response: A lighting plan has been prepared as part af the Final Plat process. The lighting plan provides for public safety and site illumination meeting the requirements of Rentan Municipal Code. i. The project is required to show any and all existing storm drainage easements and secure any necessary drainage easements involving the adjacent and downstream parcels of land prior to approval of the construction drawings by plan review. Response: All existing storm drainage easements and all proposed drainage easements are shown on the final plat. Prior to construction the storm drainage plans were reviewed and approved by City of Renton. CONCLUSIONS: The Final Plat satisfies the conditions imposed by the preliminary plat process. RECOMMENDATION: The Hearing Examiner approves the Final Plat with the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 3"' DAY OF SEPTEMBER, 2014 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: MEMORANDUM September 3, 2014 Phil Olbrechts, Hearing Examiner Jan Illian, x7216 CIMARRON TOWNHOMES FINAL PLAT LUA14-000108FP (Preliminary Plat LUAOG-133) Per City Code 4-7-110, Final Plat Procedures, I am forwarding the attached Final Plat for review. I am the project manager and I am in the process of finalizing all required paperwork. recommend that the Hearing Examiner approve the Final Plat with the following condition: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. I am the responsible party to insure that both of those conditions are met. Please note that following the Hearing Examiner's approval, the project is returned to me for the final step in the process. I will then submit the project to the Public Works Administrator to sign the final plat mylars, at which time I shall declare that all conditions and all fees have been paid. Please contact me if further information or additional materials is needed Thank you. Cc: Jennifer Henning, Planning Director Steve Lee, Development Engineering Manager g " 52 }()' n 2,0U SQ FT. 36.20 IM.20' CIMARRON TOWNHOMES A PORTION OF THE NE 1/4 OF THE NW 1/4 SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON CITY OF RENTON FILE NUMBER LUA 11! BBS, CU-A, SA-A !OlOii:!Klj>Jjto::i.lKll ~.§.~, V!.11®.1'/~3~.1·2 4112' 14.00' • 41.Ji' 293.52' 42.01' E=~~~{y 5 Oli RENTON ACCESS EASEMENT TO LO! 7 2.605 SO. FT SHEET4 OF4 r Q .• ,j\ lliJffi'.~i~bU !Flll:':C. IMO. JOOM!l?ii~DOOJ LOJC H.50' '--~ :~ 7 ;:;, :l,B1B SO-FT ' : ' ' 1<1~ t/M'09'J5"W s,.~· • 2,0lll SQ, FT 19·<:, ---i-- 61.91" • 2.wa son ~ NE3RDCOURT r-----c.,c,c,----'--...;.-1~ --+---__ N!IB'09'35"W _ --__ ;; J7.56' : .i2.o,r 10.XI ........,_ aao· ' 1.5.:'¢SO.rl. ' ,.~~ so. n. ' , :1.no so. rT. .)2,00' N88"09'.35"W 8 ' J2DO' J4.00' ~--: s.so· -'--f'C--='--10.50' • 1.920 50. 32.oo· • 159.99' g ' . 2r°"° so. l"T. ' J4.0CI" EASEMENT LEGEND Q) PRi~ATE ROAO ,.,.0 UTILITY EASE:l,IENT @ OTY OF" R<:NTOM SEVIER EASEMENl (ZJ PRl~ATE ROAD FASOl[NT 11cn~®1001s ~ - ~~©. iNltl. 7SOOOOOO'IB Ya UNE TABLE LIN( B!:./\RINC L£NGTH " NMm' .. '" ~ NMJ2f .. CURVE TA8LE ~ DELTA ANGLE I RADIUS LENGTH ---"--' " ' M. " • ~·J,5"41• 20.00· T~ " t. • .3"33" S" s,.oo· C< -M=·os· "' . 2J.27.'.. --------- T ' GRAPHIC SCALE I I ==-1 1"=20' 20 40 15" 'MOC FVHY srrr-08SUJRING LANDSCAPE BUFFER r Axis Sur"ey & Mappmg -·- ' • 2,415 SO. FT. ~3.7J" ,,. @15'---k- " 1.!!50 SO. FT. •• 2.855 SQ. FT. ll005 NE 126rh Pl KlRllAND, WA 9803~ TB.. 42) 8H S700 fAX4;?'.,.823-6700 r,.AfJ~~lb~UfWT rtlftl/. 3 VJ. '2.Sfi/ f'<G:3. ®7~· .. 2.098 so. FT ~2.~· .. 1,678 so. FT. •• 1.S8J so. FT. " 2,970 SQ. rT. -1-,,. 1JJ.B3' JOB NO 13-087 DATE 12/10/13 ., :~ --··t - ---'~ , DRAWN BY JM CIMARRON TOWNHOMES SHEET l OF 4 A PORTION OF THE NE 1 / 4 OF THE NW 1 / 4 SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTI, WASHINGTON CITY OF RENTON FILE NUMBER LUA-~. CU-A, SA-A DEDICATION KHOV< AU P[OPI..£ BY THESE Pil'ESl::NTS THAT ""'· TI-IE IJNOERSICNEO o~rns Of 1NTIB£ST IN TH[ LANO H[RrnY sueo, ... oco, 1£R£9Y OCCUR£ T1<1S PLAT TO E1E: THE Gl!APHIC REPRES0HAT10l'I Of T>IE 5UBOI\IISl0N MA!![ H!JIEIIY, A!,Q 00 H[R(BY OEOIC:.0.T[ TO TI-IE VS(/:$ THE PU8UC FOREYE:R ...U STliEETS NW AIC<UES HOT SH~ AS PR1VAT£ Hl'Fl!'Ol'I MIC> OEOOC,,.lE THE V5E THEFl((ll" FOil AU PUBl,C Plll'PCIS~S NOT INCONSIS!lNT '111TH THE USE THERE:Of roo PU9UC HIG>IJIM PURPOSES.. M«;, ALSO Tl<( R1~T TO MAKE ,u N[Q;SSARY SI.OPES FOR CIJ1S .o.NO flU.S UPON mE LOTS SHO,r,N TH£R£0N IN THE ORH)NAI REA<;OtlA8l.E Gl!AOONC Of SAID STREETS M() A\0JU£S, ANO fUlTHER OCDICATE TO THr USE CE' mr P\JEIUC All Tl<E HS0,1[NTS .... o TRO.CTS SHOW!,! ON THIS PLAT FOO: ...u P\JBL,C PORPOS!:S AS INDIC.o.1£0 Tl<F;R((lN, INCUIDI\IG BUT NOT UollTED TO PAAKS. OPEN SPACE, \.JIIUliES ""'° ORM/AGE UNLESS SUCH !:ASOIENTS OR TRACTS /JlE SPfCIFlCALLY IOCNTlFlED OH THFS PVT AS BU•G OCOK:ATt:O OR CON\IE"IU) TO A P£R50N OR ENTITY OTHER THAN THC PUBLJC, IN Wt<1CH CASE WE 00 HERESY DEOK:M'E S\JQf SfflEUS, E.O.SEM[NTS, OR TRACTS TO THE PrRSON OR ENTITY ,oomnrn ..... o FOR THE Pl.I~ STATED. BREMERTON A\0/Uf TOWM>lOl.l[S, Ll.C BY; __________ _ OlARUE CCWNER '"--- ACKNOWLEDGEMENTS STATE Of _______ ) ,~ COUNTY Of" ____ ) I CERTIFY THAT I KNOW OR HA\'£ SATISF"I.CTORY ~De:Nct THAT OlAAUE CONNER S,CNED rn,s INSlRUi,iENl, ON DAiii STATEO fflAT HE/5HE WAS AUfflORll[D TO oa:cvrr IH( INSTRUMENT <S TliE ---------------~ -------------1\ND ACl<NOllll..illG([) IT TO Br~ FR[( ANO VO\.UNIARV ACl Of WCH roo TH( us.rs AND PURPostS l,IU<lllONtD IN ll1l INSJRLJl,IEHJ. "'~-----· 2013 5'CNHURE ------------ PRINT NAO,Ec----------- 1,1y CC,,"ISSICI< E"<PIRE:S -------- LEGAL DESCRIPTIONS [AS£MENTS AAO LEGAL DrSCR1PTION F"OR I QT 2 AA[ BASED ON Tli[ A.L.I A C()Mo,HMENI SY CHICAGO TI-:t.£ INSURANC( COl.ll'ANY, 0R0CR NO 1366514, DATED ..UN( 7. 20n. H 8 00 Al,I THROIJG>l SIJP!'tlMEtlT>J.. COMMII\IENT C!ATID AUGUST 9, 201J LOT 2. KING COUNlY S>IQRT Pl.AT NUll!l(R 675015, R1:COROCO UNDER RECORCHHG NUMBER 75,09CJ50t'l~. IN KING COIJNTY, WAS>l .. GTON EASEMENTS i.Nll l.[GAL D[SCRIPTlON F"QR I OT 3 1\11!" llAS[(I ()N THE ALT.A. C()Ut,111MO,H SY CHICAGO llJLE INSUR.o.HCE: COl,!PANY, ORDER NO. 1366513, DATED ..IJNE 7, 2-013. AT B,00 AM. lliROOCH SVPf'LEMEtHAL COMl,ll!MENT OATJ:0 AUGUST 9, 2013. LOI .l. KING COIJNlY SHORT PLAT NUMBER ~75015, RECOR()[D UNOCR RECCl'IDl'IC NU1,18ER /:,000:i0645, IN KING COUNIT, WASHINGTON KING COUNTY FINANCE DMSION CERTIFICATE I f£REl3Y CERTIFY nlAT ALL PRCPERTY TA>([S ARE P ... 0. THAT THEil!: o1RE NO DEUNQi..Vil Sf'l.Cl>J.. ASS!:SS1,1£NTS CERTif1£D TO INIS OFTiet: FOR COLLECTION ANO, ThAT ALL SPEO'"-ASSE:SSWENTS CE:RTIFIEO 10 THIS OFTICE: fOR COl.l.ECTION ON ANY Of" TH: P!lOPERTY HtRON CONr .. .a::o. D([)ICATID I\S STREETS .o.LilYS OR FOR OJHt.R PUBLIC US£ AA!: P"'O IN fUI..L THIS-DAY «----, 201J VICINITY MAP N.T.S. CITY OF RENTON APPROVALS CITY OF REHTON POBUC WORKS DEPARTMENT CITY Of R811TON WAYOR HAWNED ANO APPRO\tll TH,s_on Of ____ , 20IJ MAYOR CITY OF R811T(».I CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE C Hrnrnv CfRTIF"Y THAT THERE AA£ NO DUJNWENT SPECl>J.. ASSESS>.1£NTS ANO IHAT ,IJj_ ~Ea& ASSESSMENTS ~iii~[DOf! ~,;r:irii ~~[i:sRE!I~Al()~~cf" ON NiV PR{W'ERTY HENEIN COi', 11\JNED DEO!CATJ:D FOR STREETS, THlS_OAY Of" ____ , 2013 rlNAACE DIR!:CTOR DEPARTMENT OF ASSESSMENTS EXAAIINED ANO APPR0\£0 TNtS_DAY OF ____ 200 KING COUNTY ASSESSOR DEPUTY I\CCOU'lT NUl,IBEJl: 1523059035 15ZJ059193 RECORDmG CERTIF1CATE SIJPERINTl:NDO<T OF RECCl'IDS -------------- PLAT AREA 1NfOR1,1Al10N LOT I 11 2.126 SO. Fr. 1,520 SO. FT. IRACT A 2.~05 SO. FT. 12 1.~78 SO. FT. 1,360 SO. FT. PERl,011/ED OCNSIIT 20 OU/AC u 2.2a5 so. FT 1.ao, so. FT. PAOPOS£0 OENSTY 17.f>!! OU/AC 14 1.88J SO. FT. 1,-W:.l SO. Fl. 15 2.970 SO. FT 2.361 SO. FT. TOT& f LOTS " 16 2.855 SO. FT 2.333 so. FT. LOT I GROSS AREA N[I AA!'A 17 1.8~ SO F"J. 1,515 s.tl. FT. 1.53~ SO. fl. 1,229 SO FT 18 2.221 SO. FT 2.221 SO. FT. 1.~9 ,;a. >T. 1.:reJ s.tl. FT 19 2.~ SO FT 2.0/8 SO. FT 1.920 SO. FT. 1.Jn SO. FT 20 3,<-04 SO. FT 2.QJ2 SO. FT. 1,920 SO. FT. l.410 SO. FT. 2.040 SO FT t.410 SO. f T. 1---c'c' ---1-c'C-'173 SO FT 1.69!! SQ. FT 22 2,174 SO. FT 1S~ SO n 1---""~--+c'·c467 SO. FT. 2.000 SQ. FT. 24 .l,525 SO FT. 2,%1 SO. F"l 2.415 SQ. FT. 2."5 SO. FT. 2,Bl8 so. FT. 2.a,a SO FT. 2,0B1 SO. rT. 1.524 SO. FT. 25 2.7CM SO. FT. 2,:lOJ SO. FT. 2.0'lB SO. FT. 1,4n SO. FT._ 26 2.'*4 SO. Fl. l.745 SO. n. SURVEYOR'S CERTIFICATE I. l,IITCH 1.5. EVANS. Ht:REEr C:RllfY THAT ffllS PU,T OF c,,..>.AAON rs 9AS£0 OH AN ACTUAL SURVEY IN SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 [AST. W.1,1. Klt<G COUNTY. ""AS!<lt<GHlN: fHAl TH( COIJRSES I\Nll DISTI\N0:5 AAr. Sl<O .... CORRECll.Y HEREON. TH~T THE "'00¥.MD<TS WIU. BE SE:T ANO THE LOTS CORNERS STA>:[D COFIRECILY ON THE GROONO. ANO lHAI J HAl'E flJU.Y COl,jPLJED WITH THE PRCMSIWS OF ~NG Rl::GIJLATIONS "'ITC1i T.s. r:£i:tS /~; (::ffiTiflCATI: NO. J8(111 Axis Suruey & Mapping ---~ 1.100'; NT.1:?61b pt KlRKJANO, WA 911034 TU. 42> 823-5700 HX ~25 Pl-6700 JOB NO. 13-0B7 DAI'E JZ/20/13 DRA\\ll>," BY JM = N/A Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 BILL OF SALE I Proj Name: Cimarron Town homes Property Tax Parcel Number: 152305-9035 & -9193 Project File#: LUA14-000108-FP Street Intersection: NE 4th & Bremerton Ave Address:344 Bremerton Ave NE, 98059 Refc.-encc Number(s) of Documents assigned or released: Additional reference numbers arc on page __ . Grantor(s): Grantee(s): 1. Bremerton Avenue Townhomes LLC I. City of Renton, a Municipal Corporation 2. The Grantor, as named above, for, and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to lhe Grantee, as named above, the following described personal property; WATER SYSTEM: Length Size illli< 253 L.F. of 10 " DI CL 52 Water Main 89 L.F. of "., " DI CL 52 Water Main L.F. of " Water Main 3 each of 10 ,, Gate Valves 2 each of 8 ,, Gate Valves ** Additionally 3 each of Fire Hydrant Assemblies 2 -4" Gate Valves SANITARY SEWER SYSTEM: Length Size illli< 609 L.F. of 8 ,, PVC Sewer Main L.F. of ,, Sewer Main L.F. of ,, Sewer Main 7 each of 48 ,, Diameter Manholes each of ,, Diameter Manholes each of ,, Lift Stations STORM DRAINAGE SYSTEM: Length Size Tvpe 97 L.F. of 8 ,, DI Storm Main 315 L.F. of 12 ,, DI Storm Main L.F. of ,, Storm Main each of ,, Stonn Inlet/Outlet 2-Vaned Grate, 4-Standard Grate, 2-Solid I id (8 total)' each of ,, Type I Storm Catch Basin 1 each of 48 ,, Type II Manhole STREET IMPROVMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement) Curb, Gutter, Sidewalk 1 270 L.F. Asphalt Pavement: 5 548 SY or L. F. of Width STREET LIGHTING: # of Poles 7 By this conveyance, Gr,mlor will \\'arrant and defend the sale hereby made unto the Grantee against all and every person or persons. ,,homsoever, lawfullv daiminl:! or to claim the same. This corn-evance shall bind the heirs. executors, administrators and assigns foreve1 O:\Forms\PBPW\BTLLSALE2.D0C\bh Paget aid Grantor has caused this instrument to be executed this tJday of .J Vi-'f, 20.J1- / Notary Seal must be within box Notary Seal must be within box Notary Seal must be within box O:\Fonns\PBPW\BILLSALE2.DOC\bh JNDJV/DllAL FORM OF ACKN0rJ7.£DGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I lmow or have satisfactory evidence that ________ _ __________________ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) _______________ _ My appointment expires: ____________ _ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT STA TE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ________ _ __________________ signed this instrument, on oath stated that he/she/they was/were authorized to execute the instntmcnt and acknowledged it as the and ________ _ of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) _______________ _ My appointment expires: __ ··-·------------ Dated: CORPORA TE FORM OF ACKNOJrLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING , ) On this i 1 r~1 day of ) \, \ l\,) , 20 Ji, before me personally appeared (~1C-,i\i) F (IY)v\.{-;{' tome known to be ·.\;\ ,;,· \ ·l, ,e::v· 1 "l...fr l ~J\C .. f(\.('" \{ of the corporation that exe~uted the within instrument, an'dacknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instnupcnt and that the seal affixed is the corporate seal of said corporation. ·,· V · .) -\/:[LL l ·'W· Nota y Public in and for the State of Washington\ Notary (Print) C (;'';Si(' r:..\. e::rrH,ICU\/ My appointment expires:."!JS"lJ..'_1 ________ _ Dated: \ · ··t\"h · ti: .q-- Page2 --~, '-~~- N 0 0 0 0 0 N 0 ""0 "' ~ ("') -· 3 3 D) .., 0 ::::s "c} :e ::::s ::s-o 3 CD f/J "T1 :::I D) "'C D) -~ n -· :::I -· ~ s: D) "'C COST DATA AND INVENTORY CITY WTR---------- PROJECT WWP---------- Cimarron Town homes NUMBERS: SWP---------- NAME OF PROJECT: TRO--------- TED- TO: City of Renton Plan Review Section Planning/Building/Public Works 1055 South Grady Way 6" floor Renton, WA 98055 FROM: DATE: Bremerton Avenue Townhomes LLC 846 1081 Ave NE Bellevue, WA 98004 425-646-4435 July 16, 2014 Per the request of the City of Renton, the following information is furnished concerning costs for improvements proposed to be installed for the above referenced project. WATER SYSTEM CONSTRUCTION COSTS: Length Size Type 253 L.F. of 10 DI CL 52 WATERMAIN 89 L.F. of 12 DI CL 52 WATERMAIN L.F. of WATERMAIN L.F. of WATERMAIN 3 EACH of 10 GATE VALVES 2 EACH of 8 GATE VALVES 2 EACH of 4 GATE VALVES 3 EACH of FIRE HYDRANT ASSEMBLIES (Cost of Fire Hydrants must be listed separately) Engineering Design Costs City Permit Fees Washington State Sales Tax TOTAL COST FOR WATER SYSTEM SANITARY SEWER SYSTEM: Length Size Type 609 L.F. of 8 -'-PV~C~--SEWER MAIN L.F. of -----SEWER MAIN $14,277 $15,000 $58,136 $13,058 $232,423 STORM DRAINAGE SYSTEM; Storm Facility: $=1~7=6=2=89~------ Length Type L.F. of SEWER MAIN 97 L.F. of Size 8 DI STORM LINE ----- 7 EA of 48 DIAMETER MANHOLES Engineering Design Costs $15,000 City Permit Fees $41,366 315 L.F. of 12 _D~I __ STORM LINE Washington State Sales Tax _$~9~,2_3_7 ___ _ (Sewer Stub -line between sewer main and private property line) TOTAL COST FOR SANITARY SEWER SYSTEM $23,951 $159,862 8 1 L.F. of EA of EA of EA of 48 ---- ---- Type I Type II Engineering Design Costs City Permit Fees Washington State Sales Tax TOTAL COST FOR STORM DRAINAGE SYSTEM STREET IMPROVEMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement and Street Lighting) 1,270 LF of Curb Gutter, Sidewalk. 5,548 SY of Asphalt Pavement. Total Cost= $224,524 SIGNALIZATION: (Including Eng. Design Costs, City Permit Fees, WA St Sales Tax) NA STREET LIGHTING: (Including Eng. Design Costs, City Permit Fees, WA St Sales Tax) 7 Streetlights (Street lights= $69,714, Eng. Design= $3,500, Permit Fees= $575, Tax= $6,204) (day phone#) forms/COSTDATA.DOC/bh STORM LINE STORM INLET STORM CATCHBASIN STORM CATCHBASIN $15,000 $26,321 $ 0 $390,958 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 BILL OF SALE 1 Proj Name: Cimarron Townhomes Property Tax Parcel 'lumber: 152305-9035 & -9193 Project File#: LUA 14-000108-FP Street Intersection: NE 4th & Bremerton Ave Address:344 Bremerton Ave NE, 98059 Reference l\umber(s) of Documents assigned or released: Additionc1l reference numbers arc on page ___ . Grantor(s): Grantee(s): t, Bremerton Avenue Townhomes LLC I. City of Renton, a Municipal Corporation 2, The Grantor, as named above, for. and in consideration of mutual benefits, hereby grants. bargains, sells and delivers to the Grantee, as named above, the following described personal property: WATER SYSTEM: Length Size I= 253 L.F. of 10 ,. DI CL 52 Water Main 89 L.F. of 1~ " DI CL 52 Water Main L.F. of .. Water Main 3 each of 10 .. Gate Valves 2 each of " .. Gate Valves **Additionally 3 each of Fire llydrant Assemblies 2 -4" Gate Valves SANITARY SEWER SYSTEM: Length Size Type 6Q9 L.F. of 8 .. PVC Se\ver Main L.F. of .. Sewer Main L.F. of .. Sewer Main 7 each of 48 .. Diameter Manholes each of ,. Diameter Manholes each of ,. Lift Stations STORM DRAINAGE SYSTEM: Length Size I= 97 L.F. of 8 .. DI Storm Main 315 L.F. of 12 .. DI Storm Main L.F. of .. Storm Main each of .. Storm Inlet/Outlet 2-Vaned Grate, 4-Standard Grate, 2-Solid I id (8 total) each of .. T~Qe I Storm Catch Basin 1 each of 48 .. T~Qe II Manhole STREET IMPROYMENTS: (Including Curb. Gutter. Sidewalk. Asphalt Pavement) Curb, Gutter, Sidewalk 1 270 L.F. Asphalt Pavement: 5 548 SY or L. F. of Width STREET LIGHTING: # of Poles 7 Uy this conveyance, Ornntor mil \\'arrant and ddCnd the sak hcr,.;b} made unto the Grantee against all anti ever} person or persons. ,\homsoen!r. la,\fully claiming or to claim tl1c Silmc This conh-:vance shall bind the heirs, e.xecutors, atlrninistrntors and assl!!:ns forever 0. \F onm; \P BPW\BILLSALl::2. DOC\bh Pagel id Grantor has caused this instrument to be executed this lJday of .T' c)l. -f, 20~ Notary Seal must be within box Notary Seal must be within box Notary Seal must be within box O:\Forms\PBP\.V\BILLSALE2.D0C\bh /ND/l'lnl.!AL FORM OF ACKNOW/,EDG.ME/\'1 STATEOFWASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that ________ _ __________________ signed this instrument and acknowledged it to be his/her/their free and voluntaT)' act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) _______________ _ My appointment expires: _____________ _ Dated: REPRESENTATIVE FOR,U OFACKNOUTEDGMENT STATE OF WASll!NGTON ) SS COUNTY OF KING ) I certify that l know or have satisfactory evidence that __________________ _ __________________ signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and ________ _ of to be the free and voluntaT)' act of such party /parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) ------------------- My appointment expires: _____________ _ Dated: CORPORATE FORM OFACKNOH"/.ED<iMENT STATE OF WASHINGTON ) SS COUNTY OF KING , ) On this ;·11--i--, day of _) ~1.l \.) , 20L, before me personally appeared (\l[...,.\l-\ [. (X:'""Y)v\j'l't'' tomeknownto be , \\.d \' ,r-:y, ·L:fr I C:· ,\~,f'Y.,~-,/ of the corporation that exeCuted the within instrument, all acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. \I-L,.L Nota · Public in and for the State of Washington' Notary (Print) [{AI:,':,( {. L\i\ Y:i(A.v\Cl,~_ My appointment expires:_j,=·J_F_l._,l~·J~-------- Dated: \ -, ii I, Loi """ Page 2 COST DATA AND INVENTORY TO: Cimarron Town homes NAME OF PROJECT: City of Renton Plan Review Section Planning/Building/Public Works 1055 South Grady Way 6'" floor Renton, WA 98055 FROM: DATE: CITY WTR--------- PROJECT WWP--------- NUMBERS: SWP--------- TRO--------- TED--------- Bremerton Avenue Townhomes LLC 846 108' Ave NE Bellevue, WA 98004 425-646-4435 July 16, 2014 Per the request of the City of Renton, the following information is furnished concerning costs for improvements proposed to be installed for the above referenced project. WATER SYSTEM CONSTRUCTION COSTS: Length Size Type 253 L.F. of 10 DI CL 52 WATERMAIN 89 L.F. of 12 DI CL 52 WATERMAIN L.F. of WATERMAIN L.F. of WATERMAIN 3 EACH of 10 GATE VALVES 2 EACH of 8 GATE VALVES 2 EACH of 4 GATE VALVES 3 EACH of FIRE HYDRANT ASSEMBLIES {Cost of Fire Hydrants must be listed separately) Engineering Design Costs City Permit Fees Washington State Sales Tax TOTAL COST FOR WATER SYSTEM SANITARY SEWER SYSTEM: Length Size Type 609 L.F. of 8 PVC SEWER MAIN ----- L.F. of SEWER MAIN ---- $14,277 $15,000 $58,136 $13,058 $232,423 STORM DRAINAGE SYSTEM: Storm Facility: S~l7~6=28~9~------ length Type L.F. of ----SEWER MAIN 97 L.F. of Size 8 DI STORM LINE ----7 EA of 48 DIAMETER MANHOLES 315 L.F. of 12 DI STORM LINE ---Engineering Design Costs $ 15,000 L.F. of STORM LINE --- City Permit Fees $41,366 Washington State Sales Tax $9,237 EA of ___ STORM INLET {Sewer Stub -line between sewer main and private property line) TOTAL COST FOR SANITARY SEWER SYSTEM ~~----- $23,951 $ 159,862 8 1 EA of Type I EA of 48 Type II Engineering Design Costs City Permit Fees Washington State Sales Tax TOTAL COST FOR STORM DRAINAGE SYSTEM STREET IMPROVEMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement and Street Lighting) 1,270 LF of Curb, Gutter, Sidewalk. 5,548 SY of Asphalt Pavement. Total Cost= $224 524 SIGNALIZATION: {Including Eng. Design Costs, City Permit Fees, WA St Sales Tax) NA STREET LIGHTING: (Including Eng. Design Costs, City Permit Fees, WA St Sales Tax) 7 Streetlights {Street lights= $69,714, Eng. Design= $3,500. Permit Fees= $575. Tax= $6,204} Print signatory name· (day phone#) forms/COSTDATA.DOC/bh STORM CATCHBASIN STORM CATCHBASIN $15,000 $26,321 $ 0 $390,958 APPLICATION FOR CITY OF RENTON RIGHT OF WAY USE -DEFERRALS -WA IVERS -VARIANCES -FEE IN LIEU 1055 South Grady Way, Renton, WA 98055 (425) 430-7216 PROJECT NAME: Cimarron Townhomes Final Plat (formerly Bremerton Avenue Townhomes) SITE ADDRESS: 330 & 344 Bremerton Ave NE 98059 LEGAL DESCRIPTION OF PROPERTY: _S=e=e~a=tt=ac=h=ed=·---------------- lnclude King County Assessors Parcel No: --~15~2=3~0~5-~9~0~3~5~&~15~2~3~0~5~-9~1~9~3 ___________ _ APPLICANT: Bremerton Avenue Townhomes LLC Attn: Rob Risinger PHONE: { 425) 646-4435 CELL: ( 425) 417-6004 BUSINESS ADDRESS: 846 108th Ave NE Ste 200 Bellevue WA 98004 ATTACH A SEPARATE LETTER WITH THIS APPLICATION STATING IN DETAIL: I. The request 2. Applicable City Code 3. Items and quantities involved 4. Justification for request 5. Amount of time requested 6. Provide vicinity map (8-1/2 x 11 inches) Attach a drawing or sketch of your proposal. Mail or drop off the completed application and map to: CITY OF RENTON Development Services Division Jan Illian, Coordinator 1055 -S. Grady Way 6th Floor Renton, WA 98057 425-430-7216 Completed applications will be reviewed and a written determination issued approximately 3-4 weeks from date of receipt of application. You will be contacted if application is incomplete or if additional information is required. APPUCANT'SS,GNATUR,, / 1J DATE, :/o/it OFFICE USE ONLY OFFICL~~ OFFICE USE ONLY OFFICE USE ONLY DEFERRAL ( ) New ( ) Extension Offsite _____________ _ Onsite _____________ _ EXCESS R/W ( ) FEE IN LIEU ( ) WAIVER ( ) H:\File Sys\RPW -Board of Puhlic Works\APPLICA TION\BPW2007.doc VARIANCE ( ) New ( ) Extension ( ) Underground ( ) Slope Grades ( ) Driveway ( ) Noise 1SJB~1coNsULTING ENGINEERS. LLc -----l®l\@1@'\ April 1, 2014 July 17. 2014 REVISED Ms.Jan Illian Project Manager City of Renton Development Engineering 1005 South Grady Way Renton, WA 98057 Job No. 1241-006-005 RE: Cimarron Townhomes Final Plat (Fonnerty Bremerton Avenue Townhomes) Application File No. LUA14-000108-FP Dear Jan: Thank you for your review of the Cimarron Final Plat Application. We have reviewed the letter you provided on March 18. 2014 and have made revisions as necessary. In an effort to clearly address your comments I have copied your original comments in italics and our actions or response to the comment in bold. Property Setvices Comments 1. Note the City of Renton land use action number and land record number, LUA 14- 0000108 and LND-10-0509 respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Response: All sheets have been updated to Include the City of Renton land use action number and the land record number. As noted above the land record number Is of a smaller type size than the land use action number. 2. Please note that the original land use action number shown changed when this subdivision's status changed from preliminary to final plat Response: This has been updated on the plat to reflect the status change from preliminary to final. 3. Please provide the distance between the southwest comer of Lot 2 and the intersection of the west boundary of the site with the centerline of NE 3rd Ct to provide a better tie to the control information shown. Response: The distance between the southwest comer of Lot 2 and the intersection of the west boundary of the site with the centerline of NE 3rd Ct Is shown on Sheet 4 of 4 as requested. ESM Feder;I way 33400 8th Ave S, Ste 205 Federal Wav. WA 98003 253.B38.6113 tel 800.345.5694 tall free 253.838.7104 fax ESM Everett 1010 SE Ever&t: Mall Way, Ste 210 Everett, WA 98208 425.297.9900tel 800.345.5694 tell free 425.297.9901 fax C1vr, E~gkeering L;md Plar:nlng Land Surveyir.g Landoco1pe Architect·J·t 30 Laser Scanning GIS 'JrJew.esrr. civil.cor:i Ms.Jan Illian April 1, 2014 July 17, 2014 REVISED Page2 4. Provide sufficient information to determine the location of the 4 'xt 4 • water easement on Lot 17 as well as the 5' water easement on Lots 17 and 18 on Sheet3 of 4. Response: Sheet 3 of 4 has been revised to show the location of the easements as requested. 5. The length of the centerline of NE 3rd Ct from the west boundary to the PC of the curve left shown on both Sheets 3 & 4 of 4 is incorrect Response: The length has been corrected and Is shown on both sheets 3 & 4. 6. What is to be set at the front lot comers? In addition, the Pl monument for the road extending to the south needs to be set Response: As shown on Sheet 3 of 4 under the Symbol Legend, Iha majority of the front lot comers will be rebar and cap with a few tack in lead offset comers along the fronts of lots 1-6 and lots 19-22. In addition the Pl monument for the road extending south wlll be set prior to recording. 7. Show the length of the east boundary of Lot 26, the portion of the west boundary of Lot 8 fronting the road and the portion of the south boundary of Lot 6 lying westerly of the NW comer of Lot 18. Response: All lengths as requested have been shown on the plat maps. 8. Update the year for the various signature blocks on sheet 1 of 4. Response: The year was updated on the signature blocks on sheet 1 of 4. 9. Plat Notes items 5 -8 are unnecessary as written; if the tees are paid before approval then the notes are irrelevant Since the fees are to be paid at the time of construction permitting the notes need to state that fact e.g.: City of Renton Rre and Park Mitigation and Traffic Impact fees shall be due and paid at the time of construction permit issuance; Ukewise, the Renton School District Impact fee. Response: Plat notes 5-8 have been revised as requested and state that fees are to be paid at the time of construction permitting. 10. Include a statement of equipment and procedures used, per WAC32-130-100. Response: A statement of equipment and procedures has been added to Sheet 2 of 4 of the plat map. Ms. Jan Illian April 1, 2014 July 17, 2014 REVISED Page3 11. Note the addresses shown in the attached on the plat. Response: Addresses were added to the plat and are shown on sheet 3. 12. Since Tract :II' is being conveyed to the Homeowners' Association per Plat Notes item 3, modify said note to read the following (or to the effect of): Upon the recording of this plat Tract "A· is hereby granted and conveyed to the Plat of Name of Plat Homeowners' Association (HOA) for a detention/wet vault facility. All necessary maintenance activities for said Tract will be the responsibility of the HOA In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by nonpayment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract previously owned by the HOA and have the attendant financial and maintenance responsibilities. The foregoing statements are to be accompanied by language defining the maintenance responsibilities for any infrastructure located on the Tract se1Ving the plat or reference to a separate recording instrument detailing the same. Response: This note has been modified per your request 13. The purpose of the "Plat Area Information" blocks on Sheet 1 of 4. There needs to be language on the Plat regarding the specific Storm Water BMPs for each lot Response: lndMdual lot flow control BMPs are listed above the plat area lnformaUon on sheet 1 and Include permeable pavement for driveways/alleys and perforated pipe for downspouts/roof drains. 14. The Declaration of "wleasements to the City of Renton" over Tract~· under Plat Notes item 3 needs to be more specific with respect to the rights granted to the City and for what purpose, exclusive of the maintenance of landscaping, driveway and/or other non-utility infrastructure elements contained thereon. Response: Note number 3 has been divided Into 3a and 3b. 3b provides specific rights to City of Renton for purposes of repair and maintenance. 15. All vested owner(s) of the subject pla~ at the time of recording, need to sign the final plat For the street dedication process, include a current title report noting the vested property owner. Response: This comment has been noted and wlll be addressed at the tlme of Anal Plat signatures. Ms.Jan Illian April 1, 2014 July 17, 2014 REVISED Page4 16. NE 3rd Court needs to be changed to NE 3rd Lane. Chelan Ave NE needs to be added to the plat Response: The roads Internal to the plat have been updated with the correct names. Planning Comments 1. Landscaping and recreation tract amenities shall be installed and inspected prior to final plat approval. Please contac~ Vanessa Dolbee at 425-430-7314 for the landscape inspection. Response: We have requested a deferral to allow the landscaplng/recreatlon Installation to take place after final plat recording. Many of the landscape improvements wlll be In areas that would potentlally be damaged during home construction. A financial guarantee In the amount of 150% of the construction cost for these Items wlll be provided After completlon of construction, an Inspection will be scheduled with Vanessa Dolbee. 2. Tract "A· -shall include "recreation' in the text on Sheet 4 of 4. Response: "Recreation" has been added to the Tract A description on Sheet 4. 3. Easement note 23 shall be amended to assign maintenance responsibility for the pedestrian access easement to the Homeowners' Association and not the City of Renton. Response: Easement Note 23 has been revised to Include the assign maintenance responslbillty for the pedestrian access easement to the Homeowners' Association and not the City or Renton. 4. In the Declaration of Covenants, Conditions and Restrictions Article 1 Definitions, subsection 1.1 "Areas of Common Responsibility' shall be amended to add the pedestrian access easement to the definffion. Response: The Declaration of Covenants, Conditions and Restrictions Article 1 Deflnmons, subsection 1.1 "Areas of Common Responsibility" has been amended to Include the pedestrian access easement 5. City Attorney approval of the CC&R's is required, prior to final plat recording. The City Attorney is currently reviewing the document Please see attached for the comments and corrections from the City Attorney's office. Response: The comments provided by the City Attorney on the CC&R's have been reviewed by the applicant's attorney and revised accordingly. Please refer to the revised CC&R documents. Ms. Jan Illian April 1, 2014 July 17, 2014 REVISED Page 5 Fire Comments 1. Complete all required construction improvements prior to final plat recording. Response: Construction Is on-going and will be completed prior to final plat 2. Install hydrant markers and stripe any fire lanes as needed. Response: After the final lift of pavement, hydrant markers and striping wtll be completed. 3. Install "No Parking• signs along the private access easement that extends to the southern property line. Response: "No Parking" signs have been Installed per the request Maintenance Agreement for Stormwater 1. The City attorney will review the CC&R's. Response: Revised CC&R's were provided and approved by the city. Stormwater Comments Please add the following language to the face of the plat where applicable: 1. Please address the flow control BMP requirement applicable on each individual lot by selecting the flow control BMP to be implemented before plat recording. Note the BMPs on the face of the plat Response: Individual lot flow control BMP's are listed above the "Plat Area lnfonnation" on sheet 1 and Include permeable pavement for driveways/alleys and perforated pipe for downspouts/roof drains. 2. Single family residences and other improvements constructed on the lots created by this subdivision must implement the flow control best management practices stipulated in the approved drainage study and plans No. __ on file with the City of Renton and as listed in the table below as well as any declaration of covenants and grants of easement recorded hereon. Response: Added as "Easement Provision• number 26. 3. All drainage easements within this plat, not shown as 'PRN A TE" 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 purposes of inspecting, operating, maintaining, repairing Ms. Jan Illian April 1, 2014 July 17, 2014 REVISED Page6 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 ownel(s). Response: Added as "Easement Provision" number 27. 4. The private drainage easement shown on Lots __ is for the benefit of Lots __ . The ownel(s) of said lots shall be responsible for the maintenance of that portion of the drainage facilities of which they have the benefit of use, and shall equally share in the maintenance of that portion of the drainage facilities that they use in common. Response: Notes 4-14 under the "Easement Provisions" section of Sheet 2 each address the prtvate drainage easements across lots that benefit adjacent lots. 5. 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 conveyor store storm and surface water per the 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 ownel(s) are properly operating and maintaining the drainage facilities contained therein. The ownel(s) of said private property, single and several, are responsible for operating, maintaining, and repairing the drainage facilities contained within said drainage easement and are hereby required to obtain any required permits from the City of Renton or its successor agency; prior to filling, piping, cutting or 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 This covenant shall run with the land and is binding upon the ownel(s) of said private property, their heirs, successors and assigns. Response: Added as "Easement Provision" number 28. 6. The City of Renton shall have the right to enter the private drainage easements shown here on 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 ownel(s) 's cost. Response: Added as "Easement Provision" number 25. 7. The ownel(s) of private property within this plat encumbered with drainage facilities required by plat design, covenant or condition, hereby grant and convey to the City of Renton, a political subdivision of the state of Washington, the right of reasonable access (ingress and egress) to enter said property for the purpose Ms. Jan Illian April 1, 2014 July 17, 2014 REVISED Page 7 of obseNing that the owner(s) are property operating and maintaining the drainage facilities contained therein. Response: Added as "Easement Provision• number 29. 8. The owner(s)s of said private property shall retain, uphold, protect the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices ('BMPs'), shown on the drainage study and plans No. __ on file with the City of Renton. Response: This note Is redundant with the note requested under Item number 2 of this same section Please see note number 26 In the Easement Provisions sections on Sheet 2 for language that adequately addresses this request 9. The owner(s)s of said private property are responsible for operating, maintaining, and repairing the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices ("BMPs") contained on said private property and are hereby required to obtain any required permits or permission from the City of Renton prior to filling, piping, cutting or removing vegetation (except for routine landscape maintenance such as lawn mowing) in open vegetated drainage facilities (such as rain gardens, etc.) or performing any alterations or modifications to the drainage facilities and/or designated flow paths contained within the private property. This covenant shall run with the land and is binding upon the owner(s) of said private property, their heirs, successors and assigns. Response: Added as "Easement Provision• number 30. Utility Improvements Punchlist Complete all utility, drainage, paving, grading, street lighting, landscaping, street improvements, including installation of all street signs for the project This includes all punch list items from the Public Works Inspector and/or the City Maintenance Division. Please continue working with inspector, Steve Pinkham, 206-999-1832. The utility construction permit must be signed off by the inspector prior to recording of the plat Please ensure all punch list items are complete, the project has a final walk through and permit sign off has been completed. Response: Punch 11st items have been completed as required. The final lift of asphalt and the landscaping/recreation area are being deferred until after the Fina! Plat Is recorded. A deferral request has been submmed for those Items and a financial guarantee will be In place for 150% of the cost of those improvements. Street lighting I am not aware of street lighting status. Please provide an update. Ms. Jan Illian April 1, 2014 July 17, 2014 REVISED Page8 Response: A street lighting plan was submitted and approved on November 7, 2013. Street lights were Installed on the site per the approved plans. As-Built Submittal The construction plan mylars must be checked-out from the sixth ffoor Public Worlcs counter and updated or replaced with a complete As-Built plan set All plan sheets, including those constructed per design, must be verified, stamped and signed as As- Built by a licensed surveyor or engineer. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all sanitary sewer, and storm drainage systems easements, which shall be consistent with the As-Built location of the utility. Once the above have been addressed, submit one set of As-Built blue lines of the civil drawings to me. The inspector will review the blue lines. If they are in order, I will call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. The mylars shall be labeled 'AS-BUil T" in a large block letters and stamped by a PE or PLS. Response: Upon completlon of construction, As-Built plans wtll be prepared In accordance with the above and submitted to the City of Renton Construction Cost Data The Cost Data Inventory Form is to be completed and submitted with the Bill of Sale. The Cost Data Inventory must reflect the actual cost of construction in dollars (value) for each utility the City will own and maintain. Response: A Cost Data Inventory Fonn was prepared and submitted with the Bill of Sale as requested. Bill of Sale The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory Form. Include sidewalk, curb, gutter, storm, and storm vault to be owned and maintained by the City. Response: The bill of sale has been prepared and submitted as requested. Maintenance Bond A two year Maintenance Bond or Assignment of Funds is required in the amount of 20% of the grand total of the storm, streets, sidewalk, curb and gutter and storm vault costs as shown on the Cost Data Inventory form. The permit bond will be released upon receipt and acceptance of the maintenance bond or assignment of funds. Response: A two year Maintenance Bond has been provided as required. Ms. Jan Illian April 1 , 2014 July 17, 2014 REVISED Page9 Easements Separate utility easements, where applicable will be required to be submitted for review. Easement documents must be submitted, approved, and recorded by the City. Please submit all easements for our review and approval before signing and notarizing by the property owner. We will return for final signature and notarization once our Technical Se,vices Division has approved the legal description and easement form. Please include legal description as "Exhibit A· and map showing location of easement as "Exhibit B". Response: Separate utility easements have been submitted for review and approved by the City. Legal descriptions and maps were provided as necessary. All Fees Paid 1. All outstanding fees must be paid. 2. Ensure any oveltime inspection billed to the job is paid. 3. A check in the amount of $15.81 made out to Champion Courier will be required prior to recording. Response: All fees will be paid prior to recording of the plat Please review the provided materials and the revised Final Plat Plans for completeness and let us know if you have any additional changes. We will continue to work on and complete any outstanding items from the comments above. Should you have any questions, or require additional information please contact me directly. We look forward to completing this project Sincerely, ESM CONSULTING ENGINEERS, LLC f!lN--- Project Planner Enclosures cc: Rob Risinger l:lesm-jobs\2581043\013\document\letter-015.doc Planning Review complete As-Built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as As-Built by a licensed surveyor or engineer. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all sanitary sewer. and storm drainage systems easements, which shall be consistent with the As-Built location of the utility. Once the above have been addressed, submit one set of As-Built blue lines of the civil drawings to me. The inspector will review the blue lines. If they are in order, I will call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. The mylars shall be labeled ~AS-BUILT" in a large block letters and stamped by a PE or PLS. Construction Cost Data The Cost Data Inventory Form is to be completed and submitted with the Bill of Sale. The Cost Data Inventory must reflect the actual cost of construction in dollars (value) for each utility the City will own and maintain. Bill of Sale The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory Form. Include sidewalk, curb, gutter, storm, and storm vault to be owned and maintained by the City. Maintenance Bond A two year Maintenance Bond or Assignment of Funds is required in the amount of 20% of the grand total of the storm, streets, sidewalk, curb and gutter and storm vault costs as shown on the Cost Data Inventory form. The permit bond will be released upon receipt and acceptance of the maintenance bond or assignment of funds. Easements Separate utility easements, where applicable will be required to be submitted for review. Easement documents must be submitted, approved, and recorded by the City. Please submit all easements for our review and approval before signing and notarizing by the property owner. We will return for final signature and notarization once our Technical Services Division has approved the legal description and easement form. Please include legal description as ~Exhibit A~ and map showing location of easement as "Exhibit B". All Fees Paid 1. All outstanding fees must be paid. 2. Ensure any overtime inspection billed to the job is paid. 3. A check in the amount of $15.81 made out to Champion Courier will be required prior to recording. Vanessa Dolbee Ph: 425-430-7314 email: vdolbee@rentonwa.gov Planning Comments Created On: 03/06/2014 Technical Services Planning Comments, 3/6/14, Vanessa Dolbee The following shall be completed prior to recording the final plat: 1) Landscaping and recreation track amenities shall be installed and inspected prior to final plat approval. Please contact, Vanessa Dolbee at 425-430-7314 for the landscape inspection. 2) Tract A -shall include "recreation" in the text on sheet 4 or 4. 3) Easement note 23 shall be amended to assign maintenance responsibility for the pedestrian access easement to the Home Owners Association and not the City of Renton. 4) In the Decoloration of Covenants, Conditions and Restrictions Article 1 Definitions, subsection 1.1 "Areas of Common Responsibility" shall be amended to add the pedestrian access easement to the definition. 5) City Attorney approval of the CC&R's is required prior to final plat recording. The City Attorney is currently reviewing the document. At this time they have not approved, denied, or requested revisions to the document. Bob MacOnie Ph: 425-430-7369 email: bmaconie@rentonwa.gov Technical Services Comments Created On: 03111/2014 August 21, 2014 Note the City of Renton land use action number and land record number, LUA 14-0000108 and LND-10-0509, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the original land use action number shown has changed when this subdivision changed from preliminary to final plat status. Please provide a distance between the southwest corner of Lot 2 and the intersection of the west boundary of the site with the centerline of NE 3rd Ct to provide a better tie to the control information shown. Provide sufficient information to determine the location of the 4'x14' water easement on Lot 17 as well as the 5' water easement on Lots 17 and 18on sheet 3 of 4. The length of the centerline of NE 3rd Ct from the west boundary to the PC of.the curve left shown on both sheet 3 & 4 of 4 is incorrect. What is to be set at the front lot corners. In addition the Pl monument for the road extending to the south needs to be set as well. Show the length of the east boundary of Lot 26, the portion of the west boundary of Lot 8 fronting the road and that portion of the south boundary of Lot 6 lying westerly of the NW corner of Lot 18. Update year for the various signature blocks on sheet 1 of 4. Plat Notes items 5 -8 as unnecessary as written; if the fees are paid before approval then the notes are irrelevant. Since the fees will not in fact be paid but are to be paid at the time of construction permitting the notes need to state that fact e.g.: Page 2 of 3 Addressing Review Fire Review -Building August 21, 2014 City of Renton Fire and Park Mitigation and Traffic Impact fees shall be due and paid at the time of construction pennit issuance; Likewise, the Renton School District Impact fee. Include a statement of equipment and procedures used, per WAC32-130-100. Note the addresses shown on the attached on the plat. Since Tract 'A' is being conveyed to the Homeowner' Association per Plat Notes item 3 modify said note to read to the effect of the following: Upon the recording of this plat, Tract A is hereby granted and conveyed to the Plat of Name of Plat Homeowners' Association (HOA) for a detention/wet vault facility. All necessary maintenance activities for said Tract will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract previously owned by the HOA and have the attendant financial and maintenance responsibilities. The foregoing statements are to be accompanied by language defining the maintenance responsibilities for any infrastructure located on the Tract serving the plat or reference to a separate recording instrument detailing the same. The purpose of the MPlatArea lnfonnation" blocks on Sheet 1 of 4. There needs to be language on the Plat regarding the specific Stonnwater Best Management Practices(BMPs) applicable to the Lots created. The declaration of "w/easements to the City of Renton" over Tract "A" under Plat Notes item 3 needs to be more specific with respect to the rights granted to the City and for what purpose exclusive of maintenance of landscaping, driveway and other non-utility infrastructure elements contained thereon. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process, include a current title report noting the vested property owner. Jan Conklin Ph: 425-430-7276 email: jconklin@rentonwa.gov Recommendations: NE 3rd Court needs to be changed to NE 3rd Lane. Chelan Ave NE needs to be added to plat. Corey Thomas Ph: 425-430-7024 email: cthomas@rentonwa.gov Recommendations: 1. Complete all required construction improvements prior to final plat recording. Page 3 of 3 • 199:;1 CINSIITINC IUINIIIS.11, April 1. 2014 Job No. 1241-006-005 Ms. Jan Illian Project Manager City of Renton Development Engineering 1005 South Grady Way Renton, WA 98057 RE: Cimarron Townhomes Final Plat (Formerly Bremerton Avenue Townhomes) Application File No. LUA14-000108-FP Dear Jan: Thank you for your review of the Cimarron Final Plat Application. We have reviewed the letter you provided on March 18. 2014 and have made revisions as necessary. In an effort to clearly address your comments I have copied your original comments in italics and our actions or response to the comment in bold. Property Services Comments LV' 6' . 1. 0~2. o\1/3. ESM Federal Way Note the City of Renton land use action number and land record number, LUA 14- 0000108 and LND-10-0509 respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Response: All sheets have been updated to Include the City of Renton land use action number and the land record number. As noted above the land record number is of a smaller type size than the land use action number. Please note that the original land use action number shown changed when this subdivisions status changed from preliminary to final plat. Response: This has been updated on the plat to reflect the status change from preliminary to final. Please provide the distance between the southwest corner of Lot 2 and the intersection of the west boundary of the site with the centerline of NE 3rd Ct to provide a better tie to the control information shown. Response: The distance between the southwest corner of Lot 2 and the intersection of the west boundary of the site with the centerline of NE 3rd Ct is shown on Sheet 4 of 4 as requested. ESM Everett 33400 8th Ave S, Ste 205 Federal Way, WA 98003 253.838.6113 tel 800.345.5694 toll free 253.838.7104 fax 1010 SE Everett Mall Way, Ste 210 Everett, WA 98208 425.297.9900 tel 800.345.5694 toll free 425.297.9901 fax C•v1 trg1·,r·rri~~ L2nd Pl2n111~g 1 c:r>c s~rvev··r,g L2rdscape Ard•i'.rcterr 3D Lase' Scanr1rcg G·S NWW.PSf'1(1Vi 1.\GM Ms. Jan Illian April 1, 2014 Page 2 (J ij,s. ~1. Provide sufficient information to determine the location of the 4 'x.14' water easement on Lot 1 7 as well as the 5' water easement on Lots 17 and 18 on Sheet 3 of 4. Response: Sheet 3 of 4 has been revised to show the location of the easements as requested. The length of the centerline of NE 3rd Ct from the west boundary to the PC of the curve left shown on both Sheets 3 & 4 of 4 is incorrect Response: The length has been corrected and is shown on both sheets 3 & 4. What is to be set at the front lot corners? In addition, the Pl monument for the road extending to the south needs to be set Response: As shown on Sheet 3 of 4 under the Symbol Legend, the majority of the front lot corners will be rebar and cap with a few tack in lead offset comers along the fronts of lots 1-6 and lots 19-22. In addition the PL monument for the road extending south will be set prior to recording. Show the length of the east boundary of Lot 26, the portion of the west boundary of Lot 8 fronting the road and the portion of the south boundary of Lot 6 lying westerly of the NW corner of Lot 1 8. Response: All lengths as requested have been shown on the plat maps. Update the year for the various signature blocks on sheet 1 of 4. Response: The year has been updated on the signature blocks on sheet 1 of 4. Plat Notes items 5 -8 are unnecessary as written; if the fees are paid before approval then the notes are irrelevant. Since the tees are to be paid at the time of construction permitting the notes need to state that fact e.g.: City of Renton Fire and Park Mitigation and T raffle Impact fees shall be due and paid at the time of construction permit issuance; Ukewise, the Renton School District Impact fee. Response: Plat notes 5-8 have been revised as requested and state that fees are to be paid at the time of construction permitting. Include a statement of equipment and procedures used, per WAC32-130-100. Response: A statement of equipment and procedures has been added to Sheet 2 of 4 of the plat map. Note the addresses shown in the attached on the plat. • Ms. Jan Illian April 1, 2014 Page 3 Response: Addresses have been added to the plat and are shown on sheet 3. Since Tract J'\' is being conveyed to the Homeowners' Association per Plat Notes item 3, modify said note to read the following (or to the effect of): Upon the recording of this plat, Tract "A" is hereby granted and conveyed to the Plat of Name of Plat Homeowners' Association (HOA) for a detention/wet vault facility. All necessary maintenance activities for said Tract will be the responsibility of the HOA In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by nonpayment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract previously owned by the HOA and have the attendant financial and maintenance responsibilities. The foregoing statements are to be accompanied by language defining the maintenance responsibilities for any infrastructure located on the Tract seNing the plat or reference to a separate recording instrument detailing the same. Response: This note has been modified per your request 13. The purpose of the "Plat Area Information" blocks on Sheet 1 of 4. There needs to be language on the Plat regarding the specific Storm Water BMPs for each lot Response: Individual lot flow control BMPs are listed above the plat area information on sheet 1 and include permeable pavement for driveways/alleys and perforated pipe for downspouts/roof drains. The Declaration of 'wleasements to the City of Renton" over Tract 't'\" under Plat Notes item 3 needs to be more specific with respect to the rights granted to the City and for what purpose, exclusive of the maintenance of landscaping, driveway and/or other non-utility infrastructure elements contained thereon. Response: Note number 3 has been divided into 3a and 3b. 3b provides specific rights to City of Renton for purposes of repair and maintenance. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat For the street dedication process, include a current title report noting the vested property owner. Response: This comment has been noted and will be addressed at the time of Final Plat signatures. NE 3rd Court needs to be changed to NE 3rd uine. Chelan Ave NE needs to be added to the plat. R. esponse: Th.e roads internal to the . · {~e been updated with tB8J.o6reJ/pV'. ff) =r \ . ~fl!"'-r i?Cl"'-,,,, ,.,, ~ lU ]fu ~ c)f fi1 P- ' Ms. Jan Illian April 1 , 2014 Page4 Planning Comments 1. Landscaping and recreation tract amenities shall be installed and inspected prior to final plat approval. Please contact, Vanessa Dolbee at 425-430-7314 for the landscape inspection. Response: We will be requesting a deferral to allow the landscaping installation to take place after final plat recording. Many of the landscape improvements will be in areas that would potentially be damaged during home construction. As such, we will request a deferral with the provision that we provide a financial guarantee in the amount of 150% of the construction cost After completion of construction, an inspection will be scheduled with Vanessa Dolbee. 2. Tract 'A" -shall include "recreation" in the text on Sheet 4 of 4. Response: "Recreation" has been added to the Tract A description on Sheet 4. 3. Easement note 23 shall be amended to assign maintenance responsibility for the pedestrian access easement to the Homeowners' Association and not the City of Renton. Response: Easement Note 23 has been revised to include the assign maintenance responsibility for the pedestrian access easement to the Homeowners' Association and not the City of Renton. 4. In the Declaration of Covenants, Conditions and Restrictions Article 1 Definitions, subsection 1.1 ':l\reas of Common Responsibility" shall be amended to add the pedestrian access easement to the definition. Response: The Declaration of Covenants, Conditions and Restrictions Article 1 Definitions, subsection 1.1 "Areas of Common Responsibility'' has been amended to include the pedestrian access easement 5. City Attorney approval of the CC&R's is required, prior to final plat recording. The City Attorney is currently reviewing the document. Please see attached for the comments and corrections from the City Attorney's office. Response: The comments provided by the City Attorney on the CC&R's have been reviewed by the applicant's attorney and revised accordingly. Please refer to the revised CC&R documents. Fire Comments 1. Complete all required construction improvements prior to final plat recording. Response: Construction is on-going and will be completed prior to final plat Ms. Jan Illian April 1, 2014 Page5 2. Install hydrant markets and stripe any fire lanes as needed. Response: After the final lift of pavement, hydrant markers and striping will be completed. 3. Install "No Parking" signs along the private access easement that extends to the southern property line. Response: "No Parking" signs will be Installed prior to final plat recording. Maintenance Agreement for Stormwater 1. The City attorney will review the CC&R's. Response: Revised CC&R's are being provided with this resubmittal. Stormwater Comments Please add the following language to the face of the plat where applicable: 1. Please address the flow control BMP requirement applicable on each individual lot by selecting the flow control BMP to be implemented before plat recording. Note the BMPs on the face of the plat. Response: Individual lot flow control BMP's are listed above the "Plat Area Information" on sheet 1 and include permeable pavement for driveways/alleys and perforated pipe for downspouts/roof drains. 2. Single family residences and other improvements constructed on the lots created by this subdivision must implement the flow control best management practices stipulated in the approved drainage study and plans No. __ on file with the City of Renton and as listed in the table below as well as any declaration of covenants and grants of easement recorded hereon. Response: Added as "Easement Provision" number 26. 3. 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 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 owner(s). Response: Added as "Easement Provision" number 27. Ms. Jan Illian April 1, 2014 Page6 4. The private drainage easement shown on Lots __ is for the benefit of Lots _ . The owner(s} of said Jots shall /:)e responsible for the maintenance of that portion of the drainage facilities of which they have the benefit of use, and shall equally share in the maintenance of that portion of the drainage facilities that they use in common. Response: Notes 4-14 under the "Easement Provisions" section of Sheet 2 each address the private drainage easements across lots that benefit adjacent lots. 5. 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 conveyor store storm and surface water per the 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 obseNing that the owner(s) are properly operating and maintaining the drainage facilities contained therein. The owner(s} of said private property, single and several, are responsible for operating, maintaining, and repairing the drainage facilities contained within said drainage easement and are hereby required to obtain any required permits from the City of Renton or its successor agency, prior to filling, piping, cutting or removing vegetation ( except for routine landscape maintenance such as /awn 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 This covenant shall run with the land and is binding upon the owner(s) of said private property, their heirs, successors and assigns. Response: Added as "Easement Provision" number 28. 6. The City of Renton shall have the right to enter the private drainage easements shown here on 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)'s cost. Response: Added as "Easement Provision" number 25. 7. The owner(s) of private property within this plat encumbered with drainage facilities required by plat design, covenant or condition, hereby grant and convey to the City of Renton, a political subdivision of the state of Washington, the right of reasonable access (ingress and egress) to enter said property for the purpose of obseNing that the owner(s) are properly operating and maintaining the drainage facilities contained therein. Response: Added as "Easement Provision" number 29. 8. The owner(s)s of said private property shall retain, uphold, protect the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices ("BMPs'1, shown on the drainage study and plans No. __ on file with the City of Renton. Ms. Jan Illian April 1, 2014 Page 7 Response: This note is redundant with the note requested under item number 2 of this same section. Please see note number 26 in the Easement Provisions sections on Sheet 2 tor language that adequately addresses this request 9. The owner(s)s of said private property are responsible for operating, maintaining, and repairing the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices (''BMPs ") contained on said private property and are hereby required to obtain any required permits or permission from the City of Renton prior to filling, piping, cutting or removing vegetation (except for routine landscape maintenance such as lawn mowing) in open vegetated drainage facilities (such as rain gardens, etc.) or performing any alterations or modifications to the drainage facilities and/or designated flow paths contained within the private property. This covenant shall run with the land and is binding upon the owner(s) of said private property, their heirs, successors and assigns. Response: Added as "Easement Provision" number 30. Utility Improvements Punch/ist Complete all utility, drainage, paving, grading, street lighting, landscaping, street improvements, including installation of all street signs for the project. This includes all punch list items from the Public Works Inspector and/or the City Maintenance Division. Please continue working with inspector, Steve Pinkham, 206-999-1832. The utility construction permit must be signed off by the inspector prior to recording of the plat Please ensure all punch list items are complete, the project has a final walk through and permit sign off has been completed. Response: Prior to Final Plat recording, the applicant will complete the majority of the construction as required In the above comment However, for those items that are outstanding and as approved by the City of Renton, the applicant will request that certain construction items be deferred until after the final plat is recorded. These items include sidewalks, final paving lift, striping, street lights, landscaping/recreation area amenities, and any minor punch list items as allowed by the City. The applicant understands that In order to defer these items, a financial guarantee or assignment of funds in the amount of 150% of the construction cost will be required. The formal request for these items will be submitted prior to final plat recording. Private driveways will not be constructed or included in any financial guarantee as the construction of the private driveways will be part of the building permit review and approval for each of the units. Street lighting I am not aware of street lighting status. Please provide an update. Response: A street lighting plan was submitted and approved on November 7, 2013. I have attached an 11x17 copy of the approved plan for your reference. Ms. Jan Illian April 1, 2014 Page8 As-Built Submittal The construction plan mylars must be checked-out from the sixth floor Public Works counter and updated or replaced with a complete As-Built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as As- Built by a licensed surveyor or engineer. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all sanitary sewer; and storm drainage systems easements, which shall be consistent with the As-Built location of the utility. Once the above have been addressed, submit one set of As-Built blue lines of the civil drawings to me. The inspector will review the blue lines. If they are in order, I will call for the civil mylars to be returned. These final my/ars must be submitted for our permanent records. The mylars shall be labeled "AS-BUILT" in a large block letters and stamped by a PE or PLS. Response: Upon completion of construction, As-Built plans will be prepared in accordance with the above and submitted to the City of Renton. Construction Cost Data The Cost Data Inventory Form is to be completed and submitted with the Bill of Sale. The Cost Data Inventory must reflect the actual cost of construction in dollars (value) for each utility the City will own and maintain. Response: Upon completion of the construction, a Cost Data Inventory Form will be prepared and submitted with the Bill of Sale as requested. Bill of Sale The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory Form. Include sidewalk, curb, gutter, storm, and storm vault to be owned and maintained by the City. Response: The bill of sale wlll be'prepared as requested. Maintenance Bond A two year Maintenance Bond or Assignment of Funds is required in the amount of 20% of the grand total of the storm, streets, sidewalk, curb and gutter and storm vault costs as shown on the Cost Data Inventory form. The permit bond will be released upon receipt and acceptance of the maintenance bond or assignment of funds. Response: A two year Maintenance Bond will be provided as required. Easements Separate utility easements, where applicable will be required to be submitted for review. Easement documents must be submitted, approved, and recorded by the City. Please submit all easements for our review and approval before signing and notarizing by the property owner. We will return for final signature and notarization once our Technical Ms. Jan Illian April 1, 2014 Page9 Services Division has approved the legal description and easement form. Please include legal description as "Exhibit A· and map showing location of easement as ''Exhibit B'. Response: Any separate utility easements will be submitted for review and approved by the City. Legal descriptions and maps will be provided as necessary. All Fees Paid 1. All outstanding fees must be paid. 2. Ensure any overtime inspection billed to the job is paid. 3. A check in the amount of $15.81 made out to Champion Courier will be required prior to recording. Response: All fees will be paid prior to recording of the plat Please review the provided materials and the revised Final Plat Plans for completeness and let us know if you have any additional changes. We will continue to work on and complete any outstanding items from the comments above. Should you have any questions, or require additional information please contact me directly. We look forward to completing this project. Sincerely, ESM CONSULTING ENGINEERS, LLC EVAN MANN Project Planner Enclosures cc: Rob Risinger I lesm8\engJ1esm-jobsl258\0431013\documentlletter-014.doc MATTHEW B. STRAIGHT OSERAN HAHN SPRING STRAIGHT & WATTS PS 10900 NE 4TH Street SUITE 1430 BELLEVUE, WA 98004 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CIMARRON TOWNHOMES Declarant: BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company Legal Description: Lot 2 KC S.P. #675015, Rec. No. 709050645 Lot 3 KC S.P. #675015, Rec. No.709050645 King County, Washington. Additional legal description on Page 40 of document. Tax Parcel No(s).: 152305-9035-01 and 152305-9193-09 .-·· 1~·· --r. , ~ , TABLE OF CONTENTS ARTICLE 1 -DEFINITIONS ............................................................................................ 1 ARTICLE 2 -MEMBERSHIP AND VOTING RIGHTS ..................................................... 3 2.1 Membership ................................................................................................. 3 2.2 Voting .......................................................................................................... 4 ARTICLE 3 -RIGHTS AND OBLIGATIONS OF THE ASSOCIATION ............................ 4 3.1 Common Area ............................................................................................. 4 3.2 Common Area Property Rights .................................................................... 4 3.3 Rules ........................................................................................................... 5 3.4 Enforcement ................................................................................................ 5 3.5 Rights .......................................................................................................... 5 3.6 Indemnification ............................................................................................ 5 3.7 Dedication of Common Area ........................................................................ 6 3.8 Security ........................................................................................................ 6 3.9 Utility Lines .................................................................................................. 6 ARTICLE 4 -MAINTENANCE ......................................................................................... 7 4.1 Association's Responsibility ......................................................................... 7 4.2 Owner's Responsibility ................................................................................ 8 4.3 Private Drainage Easements ....................................................................... 8 4.4 Private Road and Utilities Easements ....................................................... 10 4.5 Party Walls. Party Roofs and Party Exteriors ............................................ 11 4.6 Standards of Performance ......................................................................... 12 ARTICLE 5 -INSURANCE AND CASUAL TY LOSSES ................................................ 12 5.1 Association Insurance ............................................................................... 12 5.2 Damage and Destruction ........................................................................... 14 5.3 Disbursement of Proceeds ........................................................................ 15 5.4 Repair and Reconstruction ........................................................................ 15 ARTICLE 6 -NO PARTITION ....................................................................................... 15 ARTICLE 7 -CONDEMNATION ................................................................................... 15 ARTICLE 8 -ASSESSMENTS ...................................................................................... 16 8.1 Creation of Assessments ........................................................................... 16 8.2 Budget Approval and Computation of Base Assessment .......................... 17 8.3 Reserve Budget and Capital Contribution .................................................. 18 8.4 Special Assessments ................................................................................ 18 DECLARATION OF CIMARRON TOWNHOMES i F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (ijf) #210061.014 8.5 Specific Assessments ................................................................................ 18 8.6 Lien for Assessments ................................................................................ 18 8. 7 Date of Commencement of Assessments .................................................. 19 8.8 Failure to Assess ....................................................................................... 19 8.9 Capitalization of Association ...................................................................... 19 8.10 Exempt Property ........................................................................................ 19 ARTICLE 9 -ARCHITECTURAL STANDARDS ............................................................ 20 9.1 General ........................................................................................................ 20 9.2 Architectural Review .................................................................................... 20 9.3 Guidelines and Procedures ......................................................................... 21 9.4 No Waiver of Future Approvals .................................................................... 21 9.5 Variances ..................................................................................................... 21 9.6 Limitation of Liability .................................................................................... 21 9.7 Enforcement ................................................................................................ 22 ARTICLE 10 -USE GUIDELINES AND RESTRICTIONS ............................................. 22 10.1 Plan of Development: Applicability: Effect. ................................................ 22 10.2 Board Power .............................................................................................. 23 10.3 Members' Power ........................................................................................ 23 10.4 Owners' Acknowledgment ......................................................................... 23 10.5 Rights of Owners ....................................................................................... 24 10.6 Initial Use Guidelines and Restrictions ...................................................... 25 ARTICLE 11 -EASEMENTS ......................................................................................... 28 11.1 Easements of Encroachment.. ................................................................... 28 11.2 Easements for Utilities. Etc ........................................................................ 28 11.3 Easement for Emergency .......................................................................... 28 11.4 Easements for Maintenance and Enforcement. ......................................... 29 ARTICLE 12 -MORTGAGEE PROVISIONS ................................................................ 29 12.1 Notices of Action ........................................................................................ 29 12.2 Other Provisions for First Lien Holders ...................................................... 30 12.3 Amendments to Documents ...................................................................... 30 12 .4 No Priority .................................................................................................. 31 12.5 Notice to Association ................................................................................. 31 12.6 Amendment by Board ................................................................................ 31 12.7 Applicability of Article 12 ............................................................................ 32 12.8 Failure of Mortgagee to Respond .............................................................. 32 ARTICLE 13 -DECLARANT'S RIGHTS ........................................................................ 32 DECLARATION OF CIMARRON TOWNHOMES ii F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 ARTICLE 14 -DISPUTE RESOLUTION AND LIMITATION ON LITIGATION .............. 32 14.1 Agreement to Avoid Costs of Litigation and to Limit Right to Litigate Disputes ........................................................................................ 32 14.2 Exempt Claims .......................................................................................... 33 14.3 Mandatory Procedures for All Other Claims .............................................. 33 14.4 Allocation of Costs of Resolving Claims .................................................... 35 14.5 Enforcement of Resolution ........................................................................ 36 ARTICLE 15 -GENERAL PROVISIONS ....................................................................... 36 15.1 Term .......................................................................................................... 36 15.2 Amendment ............................................................................................... 36 15.3 Severability ................................................................................................ 37 15.4 Litigation .................................................................................................... 37 15.5 Compliance ................................................................................................ 38 15.6 Notice of Sale or Transfer of Title .............................................................. 38 EXHIBIT A .......................................................................................................... 40 DECLARATION OF CIMARRON TOWNHOMES iii F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CIMARRON TOWNHOMES THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this day of , 2014, by BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company ("Declarant"). Declarant is the owner of the real property described in Exhibit A attached hereto and incorporated herein by reference. Declarant intends by this Declaration to (a) impose upon the Property mutually beneficial restrictions under a general plan of improvement for the benefit of all owners of such property; (b) provide a flexible and reasonable procedure for the overall development of the Property; (c) establish a method for the administration, maintenance, preservation, use and enjoyment of the Property; (d) create easements, covenants, conditions and restrictions to protect the value and desirability of the real property subject to this Declaration; and (e) establish a Homeowners Association, to be known as CIMARRON COMMUNITY ASSOCIATION. Declarant hereby declares that the Property shall be held, sold, used and conveyed subject to the provisions of this Declaration, which are for the purpose of protecting the value and desirability of and which shall run with title to the Property. This Declaration shall be binding on all parties having any interest in the Property, their heirs, successors and assigns, and shall inure to the benefit of each Owner. ARTICLE 1 DEFINITIONS 1.1 "Areas of Common Responsibility". The Common Area and the portions of Lots and other areas, if any, which shall be the responsibility of the Association to maintain, including but not limited to, the following: (a) the entry monument sign area located on Lot 1, (b) the perimeter fences along the boundaries of the Property, (c) the planter strip located along Bremerton Avenue, {d) the driveway, recreation area and related improvements located on Tract A, (e) the planting areas located along the north and south boundaries of the Property, (f) certain planting areas located in the front yards of Lots, (g) the rockery located on the east side of the Property, and (h) the public pedestrian access easement located within Tract A between Lot 7 and Lot 20, and continuing across Lots 13, 14 and 15. 1.2 "Articles". The Articles of Incorporation of CIMARRON COMMUNITY ASSOCIATION filed with the Secretary of State of the state of Washington. 1.3 "Association". CIMARRON COMMUNITY ASSOCIATION, its successors or assigns. DECLARATION OF CIMARRON TOWNHOMES 1 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 1.4 "Base Assessment". Assessments levied on all Lots subject to assessment under Article 8 to fund Common Expenses for the general benefit of all Lots, as more particularly described in Sections 8.1 and 8.2. 1.5 "Board of Directors" or "Board". The body responsible for administering the Association, selected as provided in the Bylaws and serving as the Board of Directors under Washington corporate law. 1.6 "Bylaws". The Bylaws of the Association, as they may be amended. 1.7 "Cimarron Townhomes". The development comprised of all property subjected to this Declaration. 1.8 "Class "B" Control Period". The period during which the Class "B" Member is entitled to appoint a majority of the Board members under Section 3.2 of the Bylaws. 1.9 "Common Expenses". The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, all as may be found necessary and appropriate by the Board under this Declaration, the Bylaws and the Articles of the Association. Common Expenses include but are not limited to real estate taxes and similar charges for Common Areas. 1.10 "Common Areas". The Common Areas are portions of the Property owned and maintained by the Association for the benefit of all Owners as described herein. Tract A is the only Common Area located in the Property. Tract A contains an underground storm water detention vault, a driveway providing access to Lot 7, and an open space/recreation area with a small tot lot. Declarant, on its sole signature, may amend the Declaration to include additional Common Areas to be incorporated into CIMARRON TOWNHOMES and subjected to this Declaration as provided for herein. 1.11 "Community-Wide Standards". Standards of conduct, maintenance or other activity generally prevailing throughout the Property. Such standards may be more specifically determined by the Board and the Architectural Control Committee. 1.12 "Declarant". BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company, and its (a) successor by merger or consolidation, (b) successor-in-title, or (c) assignee, provided any such successor-in-title or assignee shall own or acquire for the purpose of development or sale all or any portion of the remaining unsold portions of the real property described in the attached Exhibit A; and provided further, in the instrument of conveyance to any such successor-in-title, such successor-in-title or assignee is designated as "Declarant" hereunder by the grantor of such conveyance or assignor, as the case may be, such grantor or assignor shall be the "Declarant" under this Declaration at the time of such conveyance or assignment; and DECLARATION OF CIMARRON TOWNHOMES 2 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Wf) #210061.014 provided further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" under this Declaration shall cease, it being understood that as to all of the property described in Exhibit A, which is now or hereafter subjected to this Declaration, there shall be only one ( 1) "Declarant" hereunder at any one point in time. 1.13 "Lot". Any contiguous portion of the Property, whether improved or unimproved, other than Common Area and property dedicated to the public, which may be independently owned, conveyed, developed and used as a detached residence for a single family. The term shall refer to the land, if any, which is part of the Lot as well as any improvements thereon. The Property consists of twenty-six (26) Lots, all of which are shown on the Plat Map. 1.14 "Member". A person entitled to membership in the Association. 1.15 "Mortgage". Any mortgage, deed of trust or similar instrument used for the purpose of encumbering the Property as security for the payment or satisfaction of an obligation. 1.16 "Mortgagee". The holder of a Mortgage. 1.17 "Owner". One or more Persons who hold the record title to any Lot, except persons holding an interest merely as security for the performance of an obligation, in which case the equitable owner will be considered the Owner. Unless a recorded contract of sale specifically provides otherwise, the purchaser (rather than the fee owner) will be considered the Owner. 1.18 "Person". A natural person, corporation, partnership, trustee or any other legal entity. 1.19 "Plat Map". The recorded subdivision map for _________ _ 1 .20 "Property". The real property described in Exhibit A. 1.21 "Special Assessments". All Assessments levied under Section 9.4. 1.22 "Specific Assessments". All Assessments levied under Section 9.5. ARTICLE 2 MEMBERSHIP AND VOTING RIGHTS 2.1 Membership. Every Owner shall have a membership in the Association. No Owner shall have more than one membership per Lot owned. If a Lot is owned by more than one Person, all co-Owners shall be entitled to the privileges of membership, subject to the restrictions on voting set forth in Section 2.2 and in the Bylaws. All DECLARATION OF CIMARRON TOWNHOMES 3 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners hereunder. The membership rights of an Owner who is a natural person may be exercised by the Member or the Member's spouse. The membership rights of an Owner which is a corporation, partnership or other legal entity may be exercised only by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association. 2.2 Voting. The Association shall have two (2) classes of membership, Class "A" and Class "B". 2.2.1 Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Each Class "A" Member shall have one (1) equal vote for each Lot in which he or she holds the interest required for membership under Section 2.1. There shall be only one ( 1) vote per Lot. In any situation where there is more than one Owner of a particular Lot, the vote for such Lot shall be exercised as such co- Owners determine among themselves and advise the Secretary of the Association in writing prior to any meeting. Absent such advice, the Lot's vote shall be suspended if more than one Person seeks to exercise it. 2.2.2 Class "B". The sole Class "B" Member shall be Declarant. The rights of the Class "B" Member are specified elsewhere in the Articles, Declaration and Bylaws. The Class "B" Member may appoint a majority of the Board members during the Class "B" Control Period, as specified in Section 3.2 of the Bylaws. The Class "B" membership shall terminate and convert to Class "A" membership upon the earlier of (a) five (5) years after expiration of the Class "B" Control Period; or (b) when, in its discretion, Declarant so determines and declares in a recorded instrument. ARTICLE 3 RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 3.1 Common Area. The Associaiion, subject to the rights of the Owners set forth in this Declaration, shall manage and control the Common Area and all improvements thereon and shall keep it in good, clean, attractive, safe, secure and sanitary condition, order and repair under the terms and conditions of this Declaration and consistent with the requirements of the City of Renton. It is anticipated that the underground storm water detention vault will be maintained by the City of Renton. 3.2 Common Area Property Rights. Every Owner shall have a right and nonexclusive easement of use, access and enjoyment in and to the Common Area, subject to the following: (a) this Declaration, any other applicable covenants, and the terms of any deed conveying such property to the Association; (b) the right of the Board to adopt rules regulating the use and enjoyment of the Common Area, including rules limiting the number of guests; and (c) the right of the Board to suspend an Owner's right to use recreational facilities within the Common Area (i) for any period during which any charge, including Assessments, against such Owner's Lot remains delinquent, and/or DECLARATION OF CIMARRON TOWNHOMES 4 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 (ii) for a period not exceeding thirty (30) days for a single violation, or for a longer period in the case of any continuing violation, of the Declaration, the Bylaws or rules of the Association after notice and a hearing under the Bylaws. Any Owner may extend their right of use and enjoyment to the Members of their family, lessees and social invitees, as applicable, subject to rules of the Board. An Owner who leases their Lot shall be deemed to have assigned all such rights to the lessee. 3.3 Rules. The Association, through its Board, may make, modify and enforce reasonable rules governing the use of the Property, consistent with the rights and duties established by this Declaration, as provided in Article 10. Such rules shall bind all Owners, occupants, invitees and licensees until and unless repealed or modified in a regular or special meeting of the Association by the vote of sixty-seven percent (67%) of the total Class "A" votes and, so long as such membership exists, by the Class "B" Member. 3.4 Enforcement. The Association may impose sanctions for violations of this Declaration, the Bylaws or rules, including without limitation reasonable monetary fines, suspension of voting rights and the right to use any recreational facilities within the Common Area. In addition, under the Bylaws, the Association may exercise self-help remedies to cure violations and may suspend any services it provides to the Lot of any Owner thirty (30) days or more delinquent in paying any Assessment or other charge due to the Association. The Board may seek relief in any court for violations or to abate nuisances. Board actions to impose or seek sanctions shall be governed by the Bylaws. 3.5 Rights. The Association may exercise any right or privilege given to it expressly by this Declaration or the Bylaws, or which may be reasonably implied from, or reasonably necessary to effectuate, any such right or privilege. 3.6 Indemnification. The Association, to the fullest extent allowed by law, shall indemnify every officer, director and committee member against all expenses, including counsel fees, reasonably incurred by or imposed upon such officer, director or committee member in connection with any action, suit or other proceeding (including settlement of any suit or proceeding, if approved by the Board) to which he or she may be a party by reason of being or having been an officer, director or committee member. The officers, directors and committee members shall not be liable for any mistake of judgment, except for their own individual misfeasance, malfeasance, misconduct or bad faith, and shall have no personal liability to third parties with respect to any contract or action taken by them in good faith on behalf of the Association. The Association shall indemnify and hold each such officer, director and committee member harmless against all liability to others on account of any such contract, commitment or action. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any present or former officer, director or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and DECLARATION OF CIMARRON TOWNHOMES 5 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 officers and directors liability insurance to fund this obligation, if such insurance is reasonably available. 3.7 Dedication of Common Area. The Association, by Board resolution, may dedicate or grant easements over or under portions of the Common Area on behalf of the Owners to any local, state or federal government entity, public utility or private party when such conveyance is consistent with the requirements of the City of Renton or other applicable jurisdiction for the development of the Property, or Declarant's master plan for the development of the Property. However, under no circumstances shall such dedication be made, lawful or change possessory or maintenance responsibilities without the written approval of the City of Renton. 3.8 Security. Neither the Association, Declarant nor any successor Declarant shall in any way be considered insurers or guarantors of security within the Property. Neither the Association, Declarant nor any successor Declarant shall be held liable for any loss or damage for failure to provide adequate security or ineffectiveness of security measures undertaken. All Owners and occupants of any Lot, and all tenants, guests and invitees of any Owner, acknowledge that the Association and its Board, Declarant, any successor Declarant, and the ACC represent or warrant that any fire protection system, burglar alarm system or other security system designated by or installed according to guidelines established by Declarant or the ACC may not be compromised or circumvented; nor that any fire protection or burglar alarm system or other security systems will prevent loss by fire, smoke, burglary, theft, holdup or otheiwise; nor that fire protection or burglar alarm systems or other security systems will in all cases provide the detection or protection for which the system is designed or intended. All Owners and occupants of any Lot, and all tenants, guests and invitees of any Owner acknowledge and understand that the Association, its Board, committees, Declarant or any successor Declarant are not insurers. All Owners and occupants of any Lot and all tenants, guests and invitees of any Owner assume all risks for loss or damage to persons, to Lots and to the contents of Lots, and further acknowledge that the Association, its Board, committees, Declarant or any successor Declarant have made no representations or warranties, nor has any Owner, occupant or any tenant, guest or invitee of any Owner relied upon any representations or warranties, expressed or implied, including any warranty of merchantability or fitness for any particular purpose relative to any fire and/or burglar alarm systems or other security systems recommended or installed or any security measures undertaken within the Property. 3.9 Utility Lines. Each Owner, occupant, guest and invitee acknowledges that neither the Association, the Board nor Declarant shall in any way be considered insurers or guarantors of health within the Property, and neither the Association, the Board nor Declarant shall be held liable for any personal injury, illness or any other loss or damage caused by the presence or malfunction of utility lines adjacent to, near, over or on the Property. Each Owner, occupant, guest and invitee assumes all risk of personal injury, illness or other loss or damage arising from the presence of utility lines, DECLARATION OF CIMARRON TOWNHOMES 6 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 and further acknowledges that neither Declarant nor the Association has made any warranties, nor has any Owner, occupant, guest or invitee relied upon any representations or warranties, expressed or implied, relative to the condition or impact of utility lines or utility substations. ARTICLE 4 MAINTENANCE 4.1 Association's Responsibility. The Association shall maintain and keep in good repair the Areas of Common Responsibility, which shall include but need not be limited to: (a) any Common Area, including the underground storm water detention vault and related facilities located in Tract A (until the City of Renton, in writing, assumes responsibility for the maintenance thereof); (b) any contract, easement or agreement for maintenance thereof entered into by either the Association or Declarant, on behalf of the Association, to be included within any Areas of Common Responsibility, if any; Notwithstanding the foregoing, at any time after two (2) years following the recording of this Declaration, the Board may elect to require the front yard planting areas described in Section 1 (f). Except as provided above, the Area of Common Responsibility shall not be reduced by Amendment of this Declaration or any other means without prior written approval of Declarant so long as Declarant owns any property subject to the Declaration. The Association shall be relieved of its responsibilities under this Section to the extent they are assumed, in writing, by the City of Renton or any other local, state or federal government entity, except that the Association may provide any additional maintenance for the Area of Common Responsibility transferred to any such government entity, if the Board determines that such additional maintenance is necessary or desirable to maintain the Community-Wide Standards. The Association may also maintain other property which it does not own, including property dedicated to the public, if the Board determines that such maintenance is necessary or desirable to maintain the Community-Wide Standards. Except as otherwise specifically provided, all costs for maintenance, repair and replacement of the Area of Common Responsibility shall be a Common Expense allocated among all Lots as part of the Base Assessment without prejudice to the Association's right to seek reimbursement from Persons responsible for such work. DECLARATION OF CIMARRON TOWNHOMES 7 F:\MBS\Conner Homes Group\Cimarron\Deciaration 5.docx 3/31/2014 (jjf) #210061.014 4.2 Owner's Responsibility. Except as otherwise set forth in the Declaration, each Owner shall maintain their Lot, including without limitation all structures, fencing, yard drains, drainage, landscaping, parking areas and other improvements comprising the Lot consistent with the Community-Wide Standards and all applicable covenants, unless such maintenance responsibility is assumed by or assigned to the Association. In addition to any other enforcement rights, if any Owner fails to properly maintain their Lot, the Association may perform such maintenance and assess the costs against the Lot and the Owner under Article 9; provided, that the Association shall give the Owner reasonable notice and an opportunity to perform such maintenance, unless the Board determines that maintenance is needed on an emergency basis. 4.2.1 Slope Maintenance. Each Lot Owner must maintain and shall not modify the slope grades of their Lot from the original grade and condition installed by Declarant. Likewise, each Lot Owner must maintain and shall not modify any of the original landscaping on any such slopes installed by Declarant. If Lot Owners fail to do so, the Association shall perform all slope work necessary to maintain slope grades of Lots and will assess the costs of such maintenance against the Lot and the Owner as provided herein. No Lot Owner may modify or alter in any way the natural water drainage from or across their Lot in a manner which would impair or prevent water drainage into the water drainage conveyance systems internal to all Lots. 4.2.2 Fences and Irrigation. (a) Fences. All fences in Units that abut roads, rights of way or Association owned parks will be maintained and repaired by the Association. All expenses of maintaining and repairing any fence located between two (2) Units shall be shared equally by the two (2) Units located on either side of such fence. Fences located along a Unit boundary with a Unit on one side and either (a) green space or property which is not part of the Condominium, or (b) an interior roadway within the Condominium on the other side shall be maintained and expenses paid by the Unit Owner. (b) Irrigation. The irrigation system for Common Areas and for the front yards of Owners' Lots shall be separately metered and maintained by the Association. The cost of irrigation expenses for the Common Areas and for the front yards of Owners' Lots shall be paid by the Association as an Association expense. 4.3 Private Drainage Easements and Maintenance of Private Drainage Facilities. The Plat for the Property establishes a number of private drainage easements over Lots for the benefit of specific Lots. All of the private drainage easements are shown on the Plat Map. The Lots benefitted by any such private drainage easements, and the Lots Owners responsible to maintain the private drainage facilities located therein are as follows: DECLARATION OF CIMARRON TOWNHOMES 8 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 4.3.1 The ten (10) foot private drainage easement located on Lot 3 is for the benefit of Lots 1 and 2. The Owners of Lots 1, 2 and 3 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1, 2 and 3. 4.3.2 The ten (10) foot private drainage easement located on Lot 4 is for the benefit of Lots 1, 2 and 3. The Owners of Lots 1 through 4 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1 through 4. 4.3.3 The ten (10) foot private drainage easement located on Lot 5 is for the benefit of Lots 1 through 4. The Owners of Lots 1 through 5 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1 through 5. 4.3.4 The ten (10) foot private drainage easement located on Lot 6 is for the benefit of Lots 1 through 5. The Owners of Lots 1 through 6 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1 through 6. 4.3.5 The ten (10) foot private drainage easement located on Lot 8 is for the benefit of Lot 7. The Owners of Lots 7 and 8 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally between the Owners of Lots 7 and 8. 4.3.6 The ten (10) foot private drainage easement located on Lot 9 is for the benefit of Lot 10. The Owners of Lots 9 and 1 Oare jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally between the Owners of Lots 9 and 10. 4.3.7 The ten (10) foot private drainage easement located on Lot 20 is for the benefit of Lot 19 and Lots 21 through 24. The Owners of Lots 19 through 26 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 19 through 26. 4.3.8 The five (5) foot private drainage easement located on Lot 20 is for the benefit of Lot 19. The Owner of Lots 19 is responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be paid by the Owner of Lot 19. DECLARATION OF CIMARRON TOWNHOMES 9 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 4.3.9 The ten (10) foot private drainage easement located on Lot 23 is for the benefit of Lots 21, 22, and Lots 24 through 26. The Owners of Lots 19 through 26 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 19 through 26. 4.3.10 The five (5) foot private drainage easement located on Lot 23 is for the benefit of Lot 21. The Owner of Lot 21 is responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be paid by the Owner of Lot 21. 4.3.11 The ten (10) foot private drainage easement located on Lot 24 is for the benefit of Lots 21, 25 and 26. The Owners of Lots 22 through 26 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally between the Owners of Lots 22 through 26. 4.4 Private Road and Utilities Easements. The Plat for the Property establishes a number of private road and utilities easements over Lots for the benefit of specific Lots. All of the private road and utilities easements are shown on the Plat Map. The City of Renton shall not be responsible for the maintenance and/or cleaning of these private roads and utility easements. The Lots benefitted by any such private road and utility easements, and the Lots Owners responsible to maintain the private road and utilities facilities located therein are as follows: 4.4.1 The nineteen (19) foot private road and utilities easement located on Lots 1, 2 and 3 is for the benefit of Lots 1, 2 and 3. The Owners of Lots 1, 2 and 3 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1, 2 and 3. 4.4.2 The nineteen (19) foot private road and utilities easement located on Lots 4 and 5 is for the benefit of Lots 4 and 5. The Owners of Lots 4 and 5 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 4 and 5. 4.4.3 The nineteen (19) foot private road and utilities easement located on Lots 8 and 9 is for the benefit of Lots 8 and 9. The Owners of Lots 8 and 9 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 8 and 9. 4.4.4 The nineteen ( 19) foot private road and utilities easement located on Lots 1 O and 11 is for the benefit of Lots 10 and 11 . The Owners of Lots 10 and 11 DECLARATION OF CIMARRON TOWNHOMES 10 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 1 O and 11 . 4.4.5 The nineteen (19) foot private road and utilities easement located on Lots 12 and 13 is for the benefit of Lots 12 and 13. The Owners of Lots 12 and 13 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 12 and 13. 4.4.6 The twenty-six (26) foot private road and utilities easement located on Lots 14 through 17 is for the benefit of Lots 14 through 17. The Owners of Lots 14 through 17 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 14 through 17. 4.4.7 The nineteen (19) foot private road and utilities easement located on Lots 19, 20, 21 and 23 is for the benefit of Lots 19, 20, 21 and 23. The Owners of Lots 19, 20, 21 and 23 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally among the Owners of Lots 19, 20, 21 and 23. 4.4.8 The nineteen (19) foot private road and utilities easement located on Lots 22, 24, 25 and 26 is for the benefit of Lots 22, 24, 25 and 26. The Owners of Lots 22, 24, 25 and 26 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally among the Owners of Lots 22, 24, 25 and 26. 4.5 Party Walls, Party Roofs and Party Exteriors. Each wall built as a part of the original construction on the Homes that serves or separates any two (2) adjoining Homes shall constitute a party wall ("Party Wall"). Each roof and the exterior siding constituting part of the building envelope of any Homes sharing a Party Wall shall constitute a "Party Roof' and "Party Exterior". To the extent consistent with this Section 4.5, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. The Owners of the two Homes adjoined by a Party Wall shall perform any routine maintenance work required in connection with their Party Wall and Party Exterior, provided that the Board may elect to have the Association perform such work. The Association shall be responsible for the performance of all material maintenance and repair work for any Party Wall, Party Roof and Party Exterior of Homes. Any restoration work performed with respect to a Party Wall, Party Roof or Party Exterior shall be done in accordance with the plans and specifications for the initial construction of the Homes. The costs of any such maintenance and repair work, to the extent not paid out of insurance proceeds, shall be shared equally by the Owners of the two adjoining Homes, but without prejudice to any DECLARATION OF CIMARRON TOWNHOMES 11 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Ojf) #210061.014 Owner's right to larger contributions from other users under any rule of law. Any Owner's right to a contribution from another Owner under this Section shall be appurtenant to the Lot and shall pass to such Owner's successor-in-title. 4.6 Standard of Performance. Unless otherwise specifically provided in this Declaration or in other instruments creating and assigning such maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement, as necessary. All maintenance shall be performed consistent with the Community-Wide Standards and all applicable covenants. Neither the Association, Declarant nor any Owner shall be liable for any damage or injury occurring to or arising out of the condition of property maintained by the Association. ARTICLE 5 INSURANCE AND CASUAL TY LOSSES 5.1 Association Insurance. The Association, acting through its Board or its duly authorized agent, shall obtain blanket "all-risk" insurance, if reasonably available, for all insurable improvements on the Common Area and other portions of the Area of Common Responsibility for which it has assumed responsibility for maintenance, repair and/or replacement. If blanket "all-risk" coverage is not generally available at reasonable cost, fire and extended coverage insurance, including coverage for vandalism and malicious mischief, shall be obtained. The face amount of the policy shall be sufficient to cover the full replacement cost of insured structures. The Board shall also obtain a public liability policy covering the Area of Common Responsibility, insuring the Association and its Members for all damage or injury caused by the negligence of the Association, any of its Members, its employees, agents or contractors acting on its behalf. If generally available at reasonable cost, the public liability policy shall have at least a Two Million Dollar ($2,000,000) combined single limit per occurrence and in the aggregate. The Association shall also obtain, if reasonably available, an umbrella policy providing at least Three Million Dollars ($3,000,000) in additional coverage, bringing total liability coverage to at least Five Million Dollars ($5,000,000). Premiums for all insurance shall be Common Expenses included in the Base Assessment. The policies may contain reasonable deductibles which shall be disregarded in determining whether the insurance meets the coverage requirements. In the event of an insured loss, the deductible shall be treated as a Common Expense. However, if the Board reasonably determines, after notice and an opportunity to be heard under the Bylaws, that the loss resulted from negligence or willful misconduct of one or more Owners, then the Board may assess the full amount of such deductible against such Owner(s) and their Lot(s) under Section 9.6. All insurance coverage obtained by the Board on behalf of the Association shall: DECLARATION OF CIMARRON TOWNHOMES 12 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (ijf) #210061.014 (a) be written with a company authorized to do business in Washington which holds a B or better general policyholder's rating, or a financial performance index of 6 or better in the Best's Key Rating Guide, or an A or better rating from Demotech, Inc., or in the alternative, the highest rating generally available; (b) be written in the name of the Association as trustee for the benefitted parties (policies on the Common Area shall be for the benefit of the Association and its Members); (c) vest in the Board exclusive authority to adjust losses, provided that a Mortgagee having an interest in such losses may participate in any settlement negotiations; ( d) provide that it will not be brought into contribution with insurance purchased by individual Owners, occupants or their Mortgagees; (e) if for property insurance, have inflation guard endorsements, if reasonably available; (f) if containing a co-insurance clause, have an agreed amount endorsement, if reasonably available; and (g) provide for a Certificate of Insurance to be furnished to the Association. A copy of such Certificate shall be provided by the Association to any Member upon request. The Association shall arrange for an annual review of the sufficiency of insurance coverage by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the area of King County, Washington. The Board shall use reasonable efforts to secure insurance policies that provide endorsements: (i) waiving subrogation as to any claims against the Association's Board, officers, employees and Manager, the Owners and occupants of Lots and their respective tenants, servants, agents and guests; (ii) waiving rights of the insurer to repair and reconstruct instead of paying cash; (iii) providing that the policy may not be cancelled, invalidated, suspended or subjected to non-renewal on account of any one or more individual Owners; DECLARATION OF CIMARRON TOWNHOMES 13 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Ujf) #210061.014 (iv) providing that the policy may not be cancelled, invalidated, suspended or subjected to non-renewal on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure; (v) excluding individual Owner policies from consideration under any other insurance clause; and (vi) providing that the Association will be given at least thirty (30) days' prior written notice of any cancellation, substantial modification or non-renewal. The Association also shall obtain, as a Common Expense, a fidelity bond or bonds, if generally available at reasonable cost, covering all persons responsible for handling Association funds. The amount of fidelity coverage shall be determined by the Board but, if reasonably available, may not be less than one-fourth (1/4) of the annual Base Assessments on all Lots plus reserves on hand. Bonds shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation and shall require at least thirty (30) days' prior written notice to the Association of any cancellation, substantial modification or non-renewal. The Board shall also obtain liability insurance coverage for directors and officers in the amount of at least Two Million Dollars ($2,000,000), if reasonably available, insuring the Association and its officers, directors and committee members (former, present and future) from liability for any actions or decisions for which the Association would have the duty to indemnify them under this Declaration. The Board shall also obtain, as a Common Expense, worker's compensation and employer's liability insurance if and to the extent required by law, and such other insurance as it deems necessary or advisable, including flood insurance. 5.2 Damage and Destruction. 5.2.1 Immediately after damage or destruction by fire or other casualty to all or any part of the Property covered by insurance written in the name of the Association, the Board or its agent shall file all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the condition existing prior to the damage, with any changes needed to comply with applicable building codes and subject to the required building permits and inspection process. 5.2.2 Any damage to the Common Area shall be repaired or reconstructed unless at least seventy-five percent (75%) of the total Class "A" votes in the Association, and the Class "B" Member, if any, decide within sixty (60) days after DECLARATION OF CIMARRON TOWNHOMES 14 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 the loss either (a) not to repair or reconstruct, or (b) to construct alternative improvements. If either the insurance proceeds or reliable, detailed estimates of the cost of repair or reconstruction are not available to the Association within the sixty (60) day period, then the period may be extended for not more than sixty (60) additional days. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed. 5.2.3 If it is determined that the damage to the Common Area shall not be repaired or reconstructed and no alternative improvements on the affected portion of the Property are authorized, the affected area shall be cleared of all debris and ruins and thereafter maintained by the Association in a neat and attractive, landscaped condition consistent with the Community-Wide Standards. 5.3 Disbursement of Proceeds. Any insurance proceeds remaining after paying for repair or reconstruction or, if no repair or reconstruction is made, after such settlement as is necessary and appropriate with the affected Owner and their Mortgagees as their interests may appear, shall be retained by the Association and placed in a capital improvements account. This is a covenant for the benefit of any Mortgagee of a Lot and may be enforced by such Mortgagee. 5.4 Repair and Reconstruction. If the insurance proceeds are insufficient to pay for repairing or reconstructing the damage to the Common Area, the Board may, during and following the completion of any repair or reconstruction and without membership approval, levy Special Assessments to pay for such repair or reconstruction against those Owners responsible for the premiums for the applicable insurance coverage under Section 5.1. The Association shall have the exclusive right to deal with all venders, contractors or subcontractors in connection with the performance of any such repair and/or reconstruction work. ARTICLE 6 NO PARTITION Except as permitted in this Declaration or amendments to this Declaration, the Common Area shall remain undivided, and no Owner nor any other Person shall bring any action for partition of the whole or any part thereof without the written consent of all Owners and Mortgagees. ARTICLE 7 CONDEMNATION Whenever any part of the Common Area shall be taken or conveyed under threat of condemnation by any authority having the power of eminent domain, each Owner shall be entitled to notice thereof. The Board may convey Common Area under threat DECLARATION OF CIMARRON TOWNHOMES 15 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 of condemnation only if approved in writing by at least sixty-seven percent (67%) of the total Class "A" votes in the Association and Declarant, as long as Declarant owns any Property described on Exhibit A. The award made for such taking or conveyance shall be payable to the Association as trustee for all Owners to be disbursed as follows: If the taking involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent practicable, unless within sixty (60) days after such taking, Declarant, so long as Declarant owns any Property described in Exhibit A, and at least sixty-seven percent (67%) of the total Class "A" vote of the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions of Section 5.3 regarding the disbursement of funds shall apply to disbursement of awards. ARTICLE 8 ASSESSMENTS 8.1 Creation of Assessments. There are hereby created three (3) types of Assessments for Association expenses: (a) Base Assessments to fund Common Expenses for the general benefit of all Lots, (b) Special Assessments as described in Section 8.4, and (c) Specific Assessments as described in Section 8.5. Each Owner, by acceptance of a deed or recording a contract of sale for any portion of the Property, is deemed to covenant and agree to pay these Assessments as levied from time to time by the Association. All Assessments, together with interest at a rate set by the Board (not to exceed eighteen percent [18%] or the highest rate allowed by Washington law, if less) from the date of delinquency, late charges, costs and reasonable attorneys' fees, shall be a charge and a continuing lien upon each Lot against which the Assessment is made until paid, as more particularly provided in Section 8.6. Each such Assessment, with interest, late charges, costs of collection, including reasonable attorneys' fees, also shall be the personal obligation of the Person who was the Owner of such Lot at the time the Assessment arose. If title to a Lot is transferred, the grantee shall be jointly and severally liable for Assessments and charges due at the time of conveyance, except that a first Mortgagee who obtains title to a Lot by exercising rights under the Mortgage shall not be liable for previously accrued Assessments and related charges. The Association shall, on request, furnish to any Owner a written certificate setting forth whether Assessments have been paid for any particular Lot, on advance payment of a reasonable processing fee as set by the Board. Assessments shall be paid in a manner and by dates fixed by the Board. The Board may allow payment of Assessments in installments. Unless the Board otherwise provides, the Base Assessment shall be due in advance on a monthly basis on the first DECLARATION OF CIMARRON TOWNHOMES 16 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 day of each month of the fiscal year. If any Owner is delinquent in paying any Assessments or charges levied on the Lot, the Board may require all unpaid Assessment installments to be paid immediately. No Owner may exempt themself from liability for Assessments by non-use of Common Area, abandonment of the Lot or any other means. The obligation to pay Assessments is a separate and independent covenant of each Owner. No diminution or abatement of Assessment or setoff shall be claimed or allowed for any alleged failure of the Association to take any action required of it or for inconvenience or discomfort arising from repairs or improvements or other actions taken by it. During the Class "B" Control Period, Declarant may elect annually to pay the Association either (a) regular Assessments on all of its unsold Lots within the Property, notwithstanding the commencement date under Section 8.7, or (b) the difference between the amount of Assessments against all other Lots and the necessary expenditures of the Association within a division of the Property during the fiscal year. Unless Declarant otherwise notifies the Board at least sixty (60) days before the beginning of a fiscal year, or at any time during a fiscal year after at least sixty (60) days' notice from Declarant to the Board, Declarant shall continue paying on the same basis as the preceding fiscal year. Declarant's obligations hereunder may be satisfied in cash, by "in kind" contributions of services or materials, or by a combination of these. The Association is specifically authorized to enter into subsidy contracts or contracts for "in kind" contribution of services and materials with Declarant or others for payment of Common Expenses. 8.2 Budget Approval and Computation of Base Assessment. Within thirty (30) days after adoption of any proposed budget for the Association, the Board shall provide a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing of the summary. Unless at that meeting the budget is rejected by both fifty-one percent (51 %) of the Class "A" votes in the Association and the Class "B" Member, if any, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, 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. The Base Assessment shall be set in aggregate amounts reasonably expected to produce income equaling the total budgeted Common Expenses. In determining Assessments, the Board may consider other sources of funds available to the Association. In addition, the Board shall take into account the number of Lots subject to assessment under Section 8. 7 on the first (1st) day of the fiscal year for which the budget is prepared and the number of Lots reasonably anticipated to become subject to assessment during the fiscal year. DECLARATION OF CIMARRON TOWNHOMES 17 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Ujf) #210061.014 Declarant may, but is not obligated to, reduce the Base Assessments by paying a subsidy (in addition to any amounts paid by it under Section 8.1 ), which may be either a contribution, an advance against future Assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be disclosed as a line item in the Common Expense budget. Payment of any subsidy shall not obligate Declarant to continue subsidies in the future. 8.3 Reserve Budget and Capital Contribution. The Board shall annually prepare reserve budgets for general purposes which take into account the number and nature of replaceable assets, the expected life of each asset, and the expected maintenance repair or replacement cost. The Board shall include in Base Assessments capital contributions in amounts sufficient to meet these projected needs. 8.4 Special Assessments. In addition to other authorized Assessments, the Association may levy Special Assessments from time to time to cover expenses greater or different than those budgeted. Special Assessments shall be levied against the entire membership. Except as otherwise specifically provided in this Declaration, Special Assessments must be approved by the affirmative vote or written consent of Owners representing at least a majority of the Class "A" votes, and consent of the Class "B" Member, if any. Special Assessments shall be paid in a manner and by dates fixed by the Board. The Board may allow payment in installments extending beyond the fiscal year in which the Special Assessment is approved. 8.5 Specific Assessments. The Board may specifically assess against particular Lots, expenses incurred by the Association to provide special benefits, items or services (a) on request of the Owner of a Lot, (b} made necessary by the conduct of the Owner or its licensees, invitees or guests, or ( c) necessary to bring the Lot into compliance with this Declaration, the Articles, the Bylaws or Association rules. Such Specific Assessments may be levied by the Board after notice to the applicable Owners and an opportunity for a hearing. 8.6 Lien for Assessments. The Association shall have a lien against each Lot to secure payment of delinquent Assessments, interest, late charges and costs of collection (including attorneys' fees). Such lien shall be prior and superior to all other liens, except (a) the liens for taxes and governmental Assessments which by law are superior, and (b) the lien of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment and foreclosure in the same manner as a Mortgage. The Association may bid for a Lot at the Foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. When a Lot is owned by the Association following Foreclosure, (a) no right to vote shall be exercised on its behalf, (b} no Assessment shall be levied on it, and (c) each other Lot shall be charged, in addition to its usual DECLARATION OF CIMARRON TOWNHOMES 18 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Uif) #210061.014 Assessment, its pro rata share of the Assessment that would have been charged such Lot had it not been acquired by the Association. The Association may sue to recover a money judgment for unpaid Assessments and related charges, including attorneys' fees, without foreclosing or waiving the lien securing the same. The sale or transfer of any Lot shall not affect the Assessment lien or relieve such Lot from the lien for any Assessments thereafter becoming due. Where the Mortgagee holding a first Mortgage of record or other purchaser of a Lot obtains title pursuant to Foreclosure of the Mortgage, it shall not be liable for the share of the Assessments which became due prior to such acquisition of title. Such unpaid share of Assessments shall be deemed to be Common Expenses collectible from Owners of all Lots inciuding such acquirer. 8.7 Date of Commencement of Assessments. The obligation to pay Assessments shall commence as to each Lot after the Board first determines a budget and levies Assessments upon the first (1st) day of the month following the date of conveyance of such Lot by Declarant to any Person other than a builder. The first monthly Assessment levied on each Lot shall be adjusted according to the number of days remaining in the monthly period at the time Assessments commence on the Lot. 8.8 Failure to Assess. Failure of the Board to fix the Assessment amounts or rates or to deliver Assessment notices shall not be deemed a waiver, modification or a release of any Owner from the obligation to pay Assessments. In such event, each Owner shall continue to pay Base Assessments on the same basis as for the prior year until a new Assessment is made, at which time any shortfalls in collections may be assessed retroactively. 8.9 Capitalization of Association. Upon acquisition of record title to a Lot by the first Owner other than a builder, a contribution shall be made by or on behalf of the purchaser to the working capital of the Association in an amount equal to one-sixth (1/6) of the annual Base Assessment per Lot for that year. This amount shall be in addition to and not in lieu of the annual Base Assessment levied on the Lot and shall not be considered an advance payment thereof. This amount shall be collected at the closing of the Lot and disbursed to the Association for use in covering operating and other expenses incurred by the Association under the terms of this Declaration and the Bylaws, together with reserves established by the Association for future expenses of the Association. 8.10 Exempt Property. All Common Areas are exempt from payment of Base Assessments and Special Assessments. DECLARATION OF CIMARRON TOWNHOMES 19 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Ujf) #210061.014 ARTICLE 9 ARCHITECTURAL STANDARDS 9.1 General. No improvements (including staking, clearing, excavation, grading and other site work), exterior alteration of existing improvements (including painting), placement or posting of any object or thing on the exterior of any Lot or the Common Area (e.g., fences, signs, antennas, satellite dishes, clotheslines, playground equipment, lighting, temporary structures, artificial vegetation, exterior sculptures and fountains), or planting or removal of plants, trees or shrubs shall take place except in compliance with this Article and with the approval of the appropriate committee under Section 9.2. An Owner may remodel or redecorate the interior of buildings in any manner desired, repaint the exterior of structures in accordance with the originally approved color scheme, or rebuild structures in accordance with originally approved plans and specifications without approval under this Article; however, modifications to the interior of screened porches, patios and similar portions of a Lot visible from outside the Lot shall require approval under this Article. Each single-family dwelling shall incorporate a minimum one ( 1) car garage, designed and constructed as an integral part of the residence. All dwellings constructed on any Lot shall be designed by and built in accordance with the plans and specifications of a building designer, licensed architect or engineer. All dwellings shall be constructed of new construction materials on-site, unless otherwise approved by the appropriate committee under Section 9.2, and shall be constructed in compliance with all applicable building codes and with all required building permits. This Article shall not apply to (a) activities of Declarant, or (b) improvements or modifications to the Area of Common Responsibility by or on behalf of the Association. This Article may not be amended without Declarant's written consent so long as Declarant owns any land subject to this Declaration or which it may unilaterally submit to this Declaration. 9.2 Architectural Review. Administration of the Residential Design Guidelines and review of applications for construction and modifications under this Article shall be handled by an Architectural Control Committee ("ACC"). Committee members need not be Owners or representatives of Owners and may but need not include architects, engineers or similar professionals, whose compensation, if any, shall be established by the Board. The Board may establish reasonable fees for review of applications by the Committee and their consultants, if any, and require them to be paid by the Owner(s) submitting such application prior to review. The ACC shall consist of at least three (3) but not more than five (5) persons, and shall have exclusive jurisdiction over all construction of any Lot, excluding any construction by Declarant. Until all Lots have DECLARATION OF CIMARRON TOWNHOMES 20 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Uif) #210061.014 been developed and conveyed to Owners other than builders in the normal course of development and sale, Declarant may appoint all members of the ACC who shall serve at its discretion. There shall be no surrender of this right prior to that time except by a recorded instrument executed by Declarant. After all Lots have been developed and conveyed to the Owners other than the builder, the members of the ACC appointed by Declarant shall resign, and the Board shall appoint new members of the ACC. Those members of the ACC shall then be either reappointed or replaced annually by the Board within thirty (30) days of the regular annual meeting of the Association described in the Bylaws. The ACC shall also have exclusive jurisdiction over modifications, additions or alterations made on or to existing structures on Lots and any appurtenant open space. 9.3 Guidelines and Procedures. 9.3.1 Declarant shall prepare initial design, development and construction guidelines and application and review procedures (the "Residential Design Guidelines"), which may contain general provisions applicable to all of the Property and specific provisions which vary from one portion of the Property to another depending upon the location, characteristics and intended use thereof. 9.3.2 Plans and specifications showing the nature, kind, shape, color, size, materials and location of all proposed construction and modifications shall be submitted to the ACC for review and approval. In reviewing each submission, the committees may consider the quality of workmanship and design, harmony of external design with existing structures, and location in relation to surrounding structures, topography and finish grade elevation, and other factors, as well as the Residential Design Guidelines. 9.4 No Waiver of Future Approvals. The approval of any proposals, plans, specifications, drawings or other matters in any one instance shall not be deemed a waiver of any right to withhold subsequent approval of any similar proposals, plans, specifications, drawings or matters. 9.5 Variances. The ACC may authorize variances in writing from its guidelines and procedures, but only (a) in accordance with duly adopted rules and regulations, (b) when unique circumstances dictate, such as unusual topography, natural obstructions, hardship or aesthetic or environmental considerations require, and (c) when construction in accordance with the variance would be consistent with the purposes of the Declaration. Inability to obtain or the terms of any governmental approval, or the terms of any financing shall not be considered a hardship warranting a variance. 9.6 Limitation of Liability. The ACC shall not be responsible for the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements. Neither Declarant, the Association, the Board, any committee nor member of any of them shall DECLARATION OF CIMARRON TOWNHOMES 21 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Wf) #210061.014 be liable for any injury, damages or loss arising out of the manner or quality of approved construction or modifications. 9.7 Enforcement. Any construction, alteration or other work done in violation of this Article shall be deemed nonconforming. On written request from the Board or Declarant, Owners shall, at their own expense, cure such nonconformance to the satisfaction of the requester, or restore the land to substantially the same condition as existed prior to the nonconforming work. If an Owner fails to so cure or restore, the Board, Declarant or their designees may do so at the Owner's expense and assess the cost against the benefitted Lot as a Specific Assessment under Section 9.5. Any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with this Article may be excluded by the Board from the Property, subject to the notice and hearing procedures in the Bylaws. In such event, neither the Association, its officers or directors shall be held liable to any Person for exercising the rights granted by this paragraph. In addition, the Board may, on behalf of the Association, pursue all legal and equitable remedies available to enforce this Article and the decisions of the ACC. ARTICLE 10 USE GUIDELINES AND RESTRICTIONS 10.1 Plan of Development: Applicability: Effect. Declarant has created CIMARRON TOWNHOMES as a community of single-family residential properties. The Property is subject to land development, architectural and design guidelines as set forth in Article 9. The Property is subject to guidelines and restrictions governing land use, individual conduct and uses of or actions upon the Property as provided in this Article 10. Guidelines dealing with architecture and design are set forth in Article 9. This Declaration and resolutions the Board may adopt establish affirmative and negative covenants, easements and restrictions (the "Use Guidelines and Restrictions"). All provisions of the Declaration and of any rules shall also apply to all occupants, tenants, guests and invitees of any Lot. The Owner shall cause all occupants of their Lot to comply with these provisions. Every Owner shall be responsible for all violations and losses to the Common Area caused by such occupants, although the occupants also are fully liable and may be sanctioned for such violations and losses. Any lease of any Lot shall provide that the lessee and all occupants of the leased Lot shall be bound by the terms of this Declaration, the Bylaws and the rules of the Association. Declarant has promulgated CIMARRON TOWNHOMES' general plan of development in order to protect all Owners' quality of life and collective interests, the aesthetics and environment within the Property, and the vitality of and sense of community within CIMARRON TOWNHOMES, all subject to the Board's ability to respond to changes in circumstances, conditions, needs and desires within the master- planned community. DECLARATION OF CIMARRON TOWNHOMES 22 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 Declarant has prepared initial Use Guidelines and Restrictions which contain general provisions applicable to all of the Property, as well as specific provisions which may vary within the Property, depending upon the location, characteristics and intended use. Such Use Guidelines and Restrictions are set forth in Section 10.6 below. Based upon these Use Guidelines and Restrictions, the Board shall adopt the initial rules at its initial organizational meeting. 10.2 Board Power. Subject to the terms of this Article 10 and to its duty of care and undivided loyalty to the Association and its Members, the Board shall implement and manage the Use Guidelines and Restrictions through rules which adopt, modify, cancel, limit, create exceptions to, or expand the Use Guidelines and Restrictions. Prior to any such action, the Board shall conspicuously publish notice of the proposal at least five (5) business days prior to the Board meeting. Owners shall have a reasonable opportunity to be heard at a Board meeting prior to action being taken. The Board shall send a copy of any proposed new rule or amendment to each Owner at least thirty (30) days prior to its effective date. The rule shall become effective unless disapproved at a meeting by at least seventy-five percent (75%) of the total Class "A" votes and by the Class "B" Member, if any. The Board shall have no obligation to call a meeting of the Members to consider disapproval except upon petition of the Owners as required for special meetings in the Bylaws. The Board shall have all powers necessary and proper, subject to its exercise of sound business judgment and reasonableness to effect the duties contained in this Section 10.2. The Board shall provide, without cost, a copy of the Use Guidelines and Restrictions, including the Initial Use Guidelines and Restrictions in Section 10.6 below and rules then in effect to any requesting Member or Mortgagee. 10.3 Members' Power. The Members, at a meeting duly called for such purpose as provided in Article 2 of the Bylaws, may adopt, repeal, modify, limit and expand Use Guidelines and Restrictions and implement rules by a vote of seventy-five percent (75%) of the total Class "A" votes and the approval of the Class "B" Member, if any. 10.4 Owners' Acknowledgment. All Owners are subject to the Use Guidelines and Restrictions and are given notice that (a) their ability to use their privately owned property is limited thereby, and (b) the Board may add, delete, modify, create exceptions to, or amend the Use Guidelines and Restrictions in accordance with Sections 10.2, 10.3 and 15.2. Each Owner, by acceptance of a deed, acknowledges and agrees that the use, enjoyment and marketability of their property can be affected by this provision, and the Use Guidelines and Restrictions and rules may change from time to time. DECLARATION OF CIMARRON TOWNHOMES 23 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (ijf) #210061.014 10.5 Rights of Owners. Except as may be contained in Section 10 .6 below, neither the Board nor the Association may adopt any rule in violation of the following provisions: 10.5.1 Equal Treatment. Similarly situated Owners and residents shall be treated similarly. 10.5.2 Speech. The rights of Owners and occupants to display on their Lot political signs and symbols of the kinds normally displayed in or outside of residences located in residential neighborhoods in individually owned property shall not be abridged, except that the Association may adopt reasonable time, place and manner restrictions for the purpose of minimizing damage and disturbance to other Owners and occupants. 10.5.3 Religious and Holiday Displays. The rights of Owners to display on their Lots religious and holiday signs, symbols and decorations of the kinds normally displayed in or outside of residences located in residential neighborhoods shall not be abridged, except that the Association may adopt reasonable time, place and manner restrictions for the purpose of minimizing damage and disturbance to other Owners and occupants. 10.5.4 Household Composition. The Association or Board shall make no rule that interferes with the freedom of occupants to determine the composition of their households, except that the Association shall have the power to require that all occupants be members of a single housekeeping Lot, and to limit the total number of occupants permitted in each Lot on the basis of the size and facilities of the Lot, to the extent not prohibited by law, and consistent with its fair share use of the Common Area, including parking. 10.5.5 Activities within Lot. Neither the Association nor the Board shall make any rule that interferes with the activities of the residents carried on within the confines of their Lot, except that the Association may prohibit activities not normally associated with property restricted to residential use, and it may restrict or prohibit any activities that impose monetary costs on the Association or other Owners, that create a danger to the health or safety of other occupants, that generate excessive noise or traffic, that create unsightly conditions visible outside the Lot, that block the views from other Lots, or that create an unreasonable source of annoyance. 10.5.6 Pets. Unless the keeping of pets is prohibited at the time of the sale of the first Lot by rule or Use Guidelines and Restrictions, no rule prohibiting the keeping of ordinary household pets shall be adopted thereafter over the objection of any Owner expressed in writing to the Association. Notwithstanding the above, the Association or Board may adopt reasonable regulations designed to minimize damage and disturbance to other Owners and occupants, including regulations requiring damage deposits, waste removal, leash controls, noise controls, occupancy limits based DECLARATION OF CIMARRON TOWNHOMES 24 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (ijf) #210061.014 on size and facilities of the Lot and fair share use of the Common Area. Nothing in this provision shall prevent the Association from requiring removal of any animal that presents an actual threat to the health or safety of residents, or from requiring abatement of any nuisance or unreasonable source of annoyance. 10.5. 7 Allocation of Burdens and Benefits. The initial allocation of financial burdens and rights to use Common Areas among the various Lots shall not be changed to the detriment of any Owner over that Owner's objection expressed in writing to the Association. Nothing in this provision shall prevent the Association from changing the Common Areas available, from adopting generally applicable rules for use of Common Areas, or from denying use privileges to those who abuse the Common Area, violate rules or this Declaration, or fail to pay Assessments. This provision does not affect the right to increase or decrease the amount of Assessments as provided in Article 9. 10.5.8 Alienation. The Association or Board shall not adopt rules that prohibit transfer of any Lot or require consent of the Association or Board for transfer of any Lot. 10.5.9 Reasonable Rights to Develop. Neither the Association nor the Board shall adopt any rule or take any action which would impede Declarant's right to develop in accordance with the master plan for CIMARRON TOWNHOMES. 10.5.1 O Abridging Existing Rights. If any rule would otherwise require Owners to dispose of personal property which they owned at the time they acquired their Lots, such rule shall not apply to any such Owners without their written consent. 10.6 Initial Use Guidelines and Restrictions. 10.6.1 General. The Property shall be used only for residential, recreational and related purposes (which may include without limitation business offices for the Declarant or the Association consistent with this Declaration). 10.6.2 Restricted Activities. The following activities are prohibited within the Property unless either (a) expressly authorized by and then subject to such conditions as may be imposed by the Board, or (b) undertaken by Declarant in the normal course of developing the Property: (a) Parking of commercial vehicles, recreational vehicles, mobile homes, boats or other watercraft, or other oversized vehicles, stored vehicles or inoperable vehicles in places other than enclosed garages (unless adequately screened from view of both all Lots and approved by the ACC). The term "commercial vehicles" shall be defined as any vehicle used for business related purposes, whether so labeled or not, that meets any of the following criteria: ( i) Gross Vehicle Weight Rating (GVWR) over 10,000 pounds, (ii) dual rear wheels DECLARATION OF CIMARRON TOWNHOMES 25 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Ujf) #210061.014 on a single axle ("dually"), (iii) multiple rear axles, or (iv) the vehicle has motorized exterior accessories that can extend or can be extended from the vehicle beyond or above the perimeter of the vehicle's body. No motor vehicle may be parked in a location or manner that blocks or impairs access to any other Lots or fire lanes. Also, no portion of a motor vehicle may be parked within the "no parking" zone designated on any road or street, if any. No vehicles may be parked on any road or street, other than within parking spaces designated and physically marked by the Declarant or the Association, if any. The Board shall require removal of any inoperative or improperly licensed vehicle, or any unsightly vehicle. If the same is not removed, the Board shall cause removal at the risk and expense of the Owner thereof; (b) Capturing, trapping, injuring or killing of wildlife within the Property, except in circumstances posing an imminent threat to the safety of persons using the Property or except as required or permitted by any applicable governmental authority; (c) Chasing, injuring or killing of wildlife within the Property by pets of Owners or occupants of Lots within the Property; (d) Raising, breeding or keeping of animals, livestock or poultry of any kind, except that a reasonable number of dogs, cats or other usual and common household pets may be permitted in a Lot. However, 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 Lots shall be removed upon request of the Board. If the pet owner fails to honor such request, the Board may remove the pet; (e) Obstruction or re-channeling of drainage flows after location and installation of drainage swales, storm sewers or storm drains, except that the Declarant and the Association shall have such right, provided the exercise of such right shall not materially diminish the value of or unreasonably interfere with the use of any Lot without the Owner's consent; (f) Subdivision of a Lot into two (2) or more Lots after a subdivision plat including such Lot has been approved and filed, or changing the boundary lines of any Lot, except that the Declarant and builder, with Declarant's consent, shall be permitted to subdivide or change the boundary lines of Lots which they own; (g) Excavating, filling or otherwise altering the grade of slopes within a Lot including, but not limited to, trenching, digging, installation of walls, patios, trees, play equipment, water features, stairways, paths and structures, removing grass or other slope stabilizing vegetation between October 1 and May 1 of each year, or having a slope in an unvegetated or stabilized and protected condition for more than thirty (30) days. Lot Owners requesting ACC approval to alter DECLARATION OF CIMARRON TOWNHOMES 26 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 slopes shall be required to submit an evaluation of the proposed alteration by a professional geotechnical or soils engineer. (h) Excavating, filling or otherwise altering the grade above or below retaining walls and rockeries within fifteen (15) feet of the walls or rockery, or construction of any structures within fifteen (15) feet of a rockery or retaining wall. (i) Excavating, filling, covering or otherwise altering the ground above subsurface drainage facilities, such as footing drains at the retaining walls, trench or French drains at the toe of a slope, and front or rear yard area drains. Alteration of drainage facilities can cause significant damage to property and may represent a life safety hazard. All proposed alterations of drainage facilities shall require the review and concurrence of a professional registered civil or geotechnical engineer. U) Operation of a timesharing, fraction-sharing or similar program, whereby the right to exclusive use of the Lot rotates among participants in the program on a fixed or floating time schedule over a period of years, except that Declarant and its assigns may operate such a program with respect to Lots which it owns. (k) Conversion of any garage, attic or other unfinished space, other than a basement, to finished space for use as an apartment or other integral part of the living area on any Lot, except as approved by the ACC; (I) Any business, trade or similar activity, except that an Owner or occupant residing in a Lot may conduct business activities within the Lot so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot; (ii) the business activity conforms to all zoning requirements for the Property; (iii) the business activity does not involve regular visitation of the Lot by clients, customers, suppliers or other business invitees or door-to-door solicitation of residents of the Property; or (iv) the business activity is consistent with the residential character of the Property and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents of the Property, as may be determined in the sole discretion of the Board. This Subsection shall not apply to any activity conducted by the Declarant or a builder approved by the Declarant with respect to its development and sale of the Property or its use of any Lots which it owns within the Property; (m) Any construction, erection, modification or placement, permanently or temporarily, on the outside portions of the Lot, whether such portion is improved or unimproved, except as provided in Article 8; and DECLARATION OF CIMARRON TOWNHOMES 27 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 (n) Posting, placing or maintaining any signs on any portion of the Property, including Lots, except for those signs approved by the Board in writing. ARTICLE 11 EASEMENTS 11.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment, and for maintenance and use of any fence, retaining walls, roof overhangs or other improvements encroaching between each Lot and any adjacent Common Area, and between adjacent Lots due to the unintentional misplacement, settling or shifting of the improvements constructed, reconstructed or altered thereon (in accordance with the terms of these restrictions). Such easements of encroachments shall be to a distance of not more than one (1) foot, and such easements for maintenance shall be to a distance of not more than six (6) feet, as measured from any point on the common boundary along a line perpendicular to such boundary. This latter easement for maintenance includes the right of an Owner to enter upon the side yard of the adjoining Lot(s) in order to perform maintenance or improvements located on their Lot. 11.2 Easements for Utilities. Etc. Declarant reserves unto itself, so long as it owns any property described on Exhibit A, and grants to the Association an easement for the purposes of access and maintenance upon, across, over and under all of the Property to the extent reasonably necessary to install, replace, repair and maintain, as applicable, cable television systems, master television antenna systems, security and similar systems, roads, walkways, bicycle pathways, lakes, ponds, wetlands, drainage systems, street lights, signage and all utilities, including but not limited to water, sewer, meter boxes, telephone, gas and electricity. The Declarant and/or the Association may assign these rights to any local utility supplier, cable company, security company, municipal entity upon that entity's written approval or other company providing a service or utility to CIMARRON TOWNHOMES, subject to the limitations herein. Notwithstanding anything to the contrary herein, this easement shall not entitle the holders to construct or install any of the foregoing systems, facilities or utilities over, under or through any existing dwelling on a Lot; and any damage to a Lot resulting from the exercise of this easement shall promptly be repaired by and at the expense of the Person exercising the easement. Exercise of this easement shall not unreasonably interfere with the use of any Lot and, except in an emergency, entry onto any Lot shall be made only after reasonable notice to the Owner or occupant. No utilities may be installed or relocated on the Property without approval of the Board or as provided by Declarant. 11.3 Easement for Emergency. Authorized agents of the Association shall have the right, but not the obligation, and a perpetual easement is hereby granted to the Association, to enter all portions of the Property, including each Lot, for emergency, security and safety reasons. Except in emergencies, entry onto a Lot shall be only DECLARATION OF CIMARRON TOWNHOMES 28 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 during reasonable hours and after notice to and permission from the Owner thereof. This easement includes the right to enter any Lot to cure any condition which increases the risk of fire or other hazard if an Owner fails or refuses to cure the condition within a reasonable time after request by the Board, but does not authorize entry into any dwelling without permission of the Owner. 11.4 Easements for Maintenance and Enforcement. Authorized agents of the Association shall have the right, but not the obligation, and a perpetual easement is hereby granted to the Association, to enter all portions of the Property, including each Lot, to (a) perform its maintenance responsibilities under Article 4, and (b) make inspections to ensure compliance with this Declaration, the Bylaws and rules. Except in emergencies, entry onto a Lot shall only be during reasonable hours and after notice to and permission from the Owner. This easement shall be exercised with a minimum of interference to the quiet enjoyment to Owners' property, and any damage shall be repaired by the Association at its expense. The Association, without approval of the Owners, may grant temporary or permanent easements to any public entity, private entity or private party over, under and across any part of the Common Areas as the Association may deem desirable, necessary or convenient to accomplish its maintenance and other responsibilities hereunder. The Association also may enter a Lot to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates the Declaration, the Bylaws or the rules. All costs incurred, including reasonable attorneys' fees, shall be assessed against the violator as a Specific Assessment. ARTICLE 12 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Lots in the Property. This Article applies to both this Declaration and the Bylaws, notwithstanding any other provisions contained therein. 12.1 Notices of Action. An institutional holder, insurer or guarantor of a first Mortgage who provides written request to the Association (such request to state the name and address of such holder, insurer or guarantor, and the street address of the Lot to which its Mortgage relates, thereby becoming an "Eligible Holder") will be entitled to timely written notice of: (a) any condemnation or casualty loss which affects a material portion of the Property or which affects any Lot on which there is a first Mortgage held, insured or guaranteed by such Eligible Holder; DECLARATION OF CIMARRON TOWNHOMES 29 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Ujf) #210061.014 (b) any delinquency in the payment of Assessments or charges by the Owner of any Lot subject to the Mortgage of such Eligible Holder, where such delinquency has continued for a period of sixty (60) days. Notwithstanding this provision, upon request, any holder of a first Mortgage is entitled to written notice from the Association of any default in the performance by an Owner of a Lot of any obligation under the Declaration or Bylaws which is not cured within sixty (60) days; (c) any lapse, cancellation or material modification of any insurance policy maintained by the Association; or ( d) any proposed action requiring the consent of a specified percentage of Eligible Holders. 12.2 Other Provisions for First Lien Holders. To the extent possible under Washington law: 12.2.1 Any restoration or repair of the Property after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance with this Declaration and the original plans and specifications unless the approval is obtained of the Eligible Holders of First Mortgages on Lots to which at least fifty-one percent (51%) of the votes of Lots subject to Mortgages held by such Eligible Holders are allocated. 12.2.2 Any election to terminate the Association after substantial destruction or a substantial taking in condemnation shall require the approval of the Eligible Holders of first Mortgages on Lots to which at least fifty-one percent (51 %) of the votes of Lots subject to Mortgages held by such Eligible Holders are allocated. 12.3 Amendments to Documents. The following provisions do not apply to amendments to the constituent documents or termination of the Association made as a result of destruction, damage or condemnation as provided herein. 12.3.1 Except as specifically otherwise set forth in this Declaration, the consent of at least sixty-seven percent (67%) of the Class "A" votes and of Declarant, so long as it owns any land subject to this Declaration, and the approval of the Eligible Holders of first Mortgages on Lots to which at least sixty-seven percent (67%) of the votes of Lots subject to a Mortgage held by an Eligible Holder appertain, shall be required to terminate the Association. 12.3.2 The consent of at least sixty-seven percent (67%) of the Class "A" votes and of Declarant, so long as it owns any land subject to this Declaration, and the approval of Eligible Holders of first Mortgages on Lots to which at least fifty-one percent (51%) of the votes of Lots subject to a Mortgage held by an Eligible Holder appertain, shall be required materially to amend any provisions of the Declaration, Bylaws or DECLARATION OF CIMARRON TOWNHOMES 30 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 Articles, or to add any material provisions thereto which establish, provide for, govern or regulate any of the following: Area; (a) voting; (b) Assessments, Assessment liens or subordination of such liens; (c) reserves for maintenance, repair and replacement of the Common (d) insurance or fidelity bonds; (e) rights to use the Common Area; (f) responsibility for maintenance and repair of the Property; (g) expansion or contraction of the Property; (h) boundaries of any Lot; (i) leasing of Lots; U) imposition of any right of first refusal or similar restriction of the right of any Owner to sell, transfer or otherwise convey their Lot; (k) establishment of self-management by the Association where professional management has been required by an Eligible Holder; or (I) any provisions included in the Declaration, Bylaws or Articles which are for the express benefit of holders, guarantors or insurers of first Mortgages on Lots. 12.4 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area. 12.5 Notice to Association. Upon request each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 12.6 Amendment by Board. Should the Federal National Mortgage Association ("Fannie Mae"), the Veterans Administration ("VA"), the Department of Housing and Urban Development ("HUD") or Freddie Mac subsequently delete any of its respective requirements which necessitate the provisions of this Article or make any such DECLARATION OF CIMARRON TOWNHOMES 31 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 requirements less stringent, the Board, without approval of the Owners, may record an amendment to this Article to reflect such changes. 12.7 Applicability of Article 12. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws or Washington law for any of the acts set out in this Article. 12.8 Failure of Mortgagee to Respond. Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within sixty (60) days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested. ARTICLE 13 DECLARANT'S RIGHTS Any or all rights and obligations of Declarant may be transferred to other Persons, but the transfer shall not reduce an obligation nor enlarge a right beyond that contained in this Declaration or the Bylaws, and shall not be effective unless signed by Declarant and duly recorded in the public records of King County, Washington. So long as Declarant owns any property described in Exhibit A for development and/or sale, Declarant hereby reserves a nonexclusive perpetual easement for the benefit of Declarant, builders authorized by Declarant, and its designees to maintain and carry on upon the Property such facilities and activities as Declarant considers reasonably required, convenient or incidental to the construction or sale of Lots, including but not limited to business offices, signs, model Lots, sales offices and the right to use Lots owned by Declarant or its designees as models and sales offices. So long as Declarant continues to have rights under this Article, no Person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Property without Declarant's written consent. Any attempted recordation without compliance herewith shall result in such instrument being void, unless a consent of Declarant is subsequently recorded in the public records. ARTICLE 14 DISPUTE RESOLUTION AND LIMITATION ON LITIGATION 14.1 Agreement to Avoid Costs of Litigation and to Limit Right to Litigate Disputes. The Association, Declarant, all Persons subject to this Declaration, and any Person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, "Bound Parties") agree to encourage the amicable resolution of disputes involving the Property, and to avoid the emotional and financial costs of litigation if at all DECLARATION OF CIMARRON TOWNHOMES 32 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 possible. Accordingly, each Bound Party covenants and agrees that all claims, grievances or disputes between such Bound Party and any other Bound Party involving the Property, including without limitation claims, grievances or disputes arising out of or relating to the interpretation, application or enforcement of this Declaration, the Bylaws, the Association rules or the Articles ( collectively "Claim"), except for those Claims authorized in Section 14.2, shall be resolved using the procedures set forth in Section 14.3 in lieu of filing suit in any court or initiating proceedings before any administrative tribunal seeking redress or resolution of such Claim. 14.2 Exempt Claims. The following Claims ("Exempt Claims" shall be exempt from the provisions of Section 14.3: (a) any suit by the Association against any Bound Party to enforce the provisions of Article 9; {b) any suit by the Association to obtain a temporary restraining order ( or equivalent emergency equitable relief) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of Article 9, Article 10 and the Use Guidelines and Restrictions and rules of the Association; (c) any suit between Owners (other than Declarant) seeking to redress on the basis of a Claim which would constitute a cause of action under the laws of the state of Washington in the absence of a claim based on the Declaration, Bylaws, Articles or rules of the Association; (d) any suit by the Association in which similar or identical Claims are asserted against more than one Bound Party; and ( e) any suit by a Bound Party for declaratory or injunctive relief which seeks a determination as to applicability, clarification or interpretation of any provision of this Declaration. Any Bound Party having an Exempt Claim may submit it to the alternative dispute resolution procedures set forth in Section 14.3, but there shall be no obligation to do so. The submission of an Exempt Claim involving the Association to the alternative dispute resolution procedures of Section 14.3 shall require the approval of the Association. 14.3 Mandatory Procedures for All Other Claims. All Claims other than Exempt Claims shall be resolved using the following procedures: 14.3.1 Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent"), other than an Exempt Claim, shall notify each Respondent in writing of the Claim (the "Notice"), stating plainly and concisely: DECLARATION OF CIMARRON TOWNHOMES 33 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 (a) The nature of the Claim, including date, time, location, persons involved and Respondent's role in the Claim; (b) The basis of the Claim (i.e., the prov1s1ons of this Declaration, the Bylaws, the Articles or rules or other authority out of which the Claim arises); (c) What Claimant wants Respondent to do or not do to resolve the Claim; and (d) That Claimant wishes to resolve the Claim by mutual agreement with Respondent and is willing to meet in person with Respondent at a mutually agreeable time and place to discuss in good faith ways to resolve the Claim. 14.3.2 Negotiation. (a) Each Claimant and Respondent (the "Parties") shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. (b) Upon receipt of a written request from any Party, accompanied by a copy of the Notice, the Board may appoint a representative to assist the parties in resolving the dispute by negotiation, if in its discretion ii believes its efforts will be beneficial to the parties and to the welfare of the Community. 14.3.3 Mediation. (a) If the Parties do not resolve the Claim through negotiation within thirty (30) days of the date of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have thirty (30) additional days within which to submit the Claim to mediation under the auspices of the King County Dispute Resolution Center, or such other independent agency providing similar services upon which the parties may mutually agree. (b) If Claimant does not submit the Claim to mediation within thirty (30) days after Termination of Negotiations, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons not a party to the foregoing proceedings. DECLARATION OF CIMARRON TOWNHOMES 34 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 {jjf) #210061.014 (c) If the Parties do not settle the Claim within thirty (30) days after submission of the matter to the mediation process, or within such time as determined reasonable or appropriate by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth when and where the Parties met, that the Parties are at an impasse, and the date that mediation was terminated. (d) Each Party shall, within five (5) days of the Termination of Mediation, make a written offer of settlement in an effort to resolve the Claim. The Claimant shall make a final written settlement demand ("Settlement Demand") to the Respondent. The Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute the Settlement Demand. If the Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer. 14.3.4 Final and Binding Arbitration. (a) If the Parties do not agree in writing to accept either the Settlement Demand, the Settlement Offer or otherwise resolve the Claim within fifteen (15) days of the Termination of Mediation, the Claimant shall have fifteen (15) additional days to submit the Claim to arbitration in accordance with the Rules of Arbitration of the American Arbitration Association or the Claim shall be deemed abandoned, and Respondent shall be released and discharged from any and all liability to Claimant arising out of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons not a party to the foregoing proceedings. (b) This Section 14.3.4 is an agreement of the Bound Parties to arbitrate all Claims except Exempt Claims and is specifically enforceable under the applicable arbitration laws of the state of Washington. The arbitration award (the "Award"} shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under the laws of the state of Washington. 14.4 Allocation of Costs of Resolving Claims. 14.1.1 Each Party shall bear its own costs incurred prior to and during the proceedings described in Sections 14.3.1, 14.3.2 and 14.3.3, including the fees of its attorney or other representative. Each Party shall share equally all charges rendered by the mediator(s) pursuant to Section 14.3.3. DECLARATION OF CIMARRON TOWNHOMES 35 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Wf) #210061.014 14.4.2 Each Party shall bear its own costs (including the fees of its attorney or other representative) incurred after the Termination of Mediation under Section 14.3.3 and shall share equally in the costs of conducting the arbitration proceeding (collectively, "Post Mediation Costs"), except as otherwise provided in Section 14.4.3. 14.4.3 Any Award which is equal to or more favorable to Claimant than Claimant's Settlement Demand shall add such Claimant's Post Mediation Costs to the Award, such Costs to be borne equally by all Respondents. Any Award which is equal to or less favorable to Claimant than Respondent's Settlement Offer to that Claimant shall also award to such Respondent its Post Mediation Costs, such Costs to be borne by all such Claimants. 14.5 Enforcement of Resolution. If the Parties agree to resolve any Claim through negotiation or mediation in accordance with Section 14.3 and any Party thereafter fails to abide by the terms of such agreement, or if the Parties agree to accept the Award following arbitration and any Party thereafter fails to comply with such Award, then any other Party may file suit or initiate administrative proceedings to enforce such agreement or Award without the need to again com ply with the procedures set forth in Section 14.3. In such event, the Party taking action to enforce the agreement or Award shall be entitled to recover from the non-complying Party ( or if more than one non- complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement or Award, including without limitation attorneys' fees and court costs. ARTICLE 15 GENERAL PROVISIONS 15.1 Term. This Declaration shall run with and bind the Property, and shall inure to the benefit of and shall be enforceable by the Declarant, the Association and the Owners, their respective representatives, heirs, successors and assigns, perpetually, to the extent allowed by law. 15.2 Amendment. 15.2.1 By Declarant. Declarant may unilaterally amend this Declaration if such amendment is necessary to (a) bring any provision into compliance with any applicable government statute or regulation or judicial determination; (b) enable any reputable title insurance company to issue title insurance coverage on the Lots; (c) enable any institution or government agency to make or purchase mortgage loans on the Lots, including, but not limited to, Fannie Mae, the Veterans Administration ("VA"), and the Federal Housing Administration ("FHA" or "HUD"); (d) enable any government agency or reputable private insurance company to insure or guarantee Mortgage loans on the Lots, including, but not limited to, Fannie Mae, the Veterans Administration ("VA"), and the Federal Housing Administration ("FHA" or "HUD"); (e) otherwise satisfy the requirements of any government agency or governmental regulations. However, DECLARATION OF CIMARRON TOWNHOMES 36 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 any such amendment shall not adversely affect the title to any Lot without the written consent of its Owner, or (f) correct any errors in this Declaration. Also, so long as Declarant owns Property described in Exhibit A for development as part of the Property, it may unilaterally amend this Declaration for any other purpose. provided the amendment has no material adverse affect upon any substantive right of any Owner and does not adversely affect the title to any Lot without the written consent of its Owners. Finally, if the Association and/or its Board or members has a responsibility under this Declaration, its bylaws, the RMC, or a deed, the Association and/or its Board or members may not delegate or eliminate that responsibility without prior written approval of entity assuming that responsibility. 15.2.2 By Owners. This Declaration may also be amended by the affirmative vote or written consent, or any combination thereof, of sixty-seven percent (67%) of the Class "A" votes held by Members other than Declarant. and, so long as Declarant owns any Property described in Exhibit A for development or sale as part of the Property, with written consent of Declarant. In addition. the approval requirements set forth in Article 12 hereof shall be met if applicable. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Amendments must be recorded in the public records of King County, Washington. If an Owner consents to any Amendment to this Declaration or the Bylaws. it will be conclusively presumed that such Owner has the authority so to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. No Amendment may remove, revoke or modify any right or privilege of Declarant without written consent of Declarant. 15.3 Severability. Invalidation of any provision or application of a provision of this Declaration by any court shall not affect any other provisions or applications. 15.4 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least sixty-seven percent (67%) of the total Association vote. This Section shall not apply, however, to actions brought by the Association to (a) enforce this Declaration (including without limitation the foreclosure of liens); (b) impose and collect Assessments under Article 8; (c) challenge tax Assessments and other matters relating to taxes for which the Association may be liable; or (d) counterclaims by the Association in proceedings instituted against it. DECLARATION OF CIMARRON TOWNHOMES 37 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 15.5 Compliance. Every Owner and occupant of any Lot shall comply with this Declaration, the Bylaws and the rules of the Association and shall be subject to all remedies provided to the Association in this Declaration or the Bylaws. In addition, failure to comply shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law, or in equity, by the Association or by any aggrieved Owners. 15.6 Notice of Sale or Transfer of Title. Any Owner selling or otherwise transferring title to their Lot shall give the Board at least seven (7) days' prior written notice of the name and address of the transferee, the date of such transfer of title, and such other information as the Board may reasonably require. Each transferee of a Lot shall, within seven (7) days of taking title to a Lot, confirm that the information previously provided by the transferor is complete and accurate. The transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Lot coming due prior to the date upon which such notice is received by the Board, including Assessment obligations, notwithstanding the transfer of title to the Lot. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this day of , 2014. DECLARATION OF CIMARRON TOWNHOMES By: DECLARANT: BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company [Print Name] Its: Authorized Agent 38 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) certify that know or have satisfactory evidence that ______________ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Authorized Agent of BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. Dated: , 2014. ---------- (SEAL/STAMP) DECLARATION OF CIMARRON TOWNHOMES [Print Name] NOTARY PUBLIC for the state of Washington Residing at ____________ _ My appointment expires: _______ _ 39 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Wf) #210061.014 EXHIBIT A Legal Description Lot 2, King County Short Plat No. 675015, recorded under Recording No. 7509050645, in King County, Washington. Lot 3, King County Short Plat No. 675015, recorded under Recording No. 7509050645, in King County, Washington. DECLARATION OF CIMARRON TOWNHOMES 40 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 {jjf) #210061.014 MATTHEW B. STRAIGHT OSERAN HAHN SPRING STRAIGHT & WATTS PS 10900 NE 4TH Street SUITE 1430 BELLEVUE, WA 98004 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CIMARRON TOWNHOMES Declarant: BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company Legal Description: Lot 2 KC S.P. #675015, Rec. No. 709050645 Lot 3 KC S.P. #675015, Rec. No.709050645 King County, Washington. Additional legal description on Page 40 of document. Tax Parcel No(s).: 152305-9035-01 and 152305-9193-09 " '. . ('l ,;:, ,--~, f ?.D i4 TABLE OF CONTENTS ARTICLE 1 -DEFINITIONS ............................................................................................ 1 ARTICLE 2 -MEMBERSHIP AND VOTING RIGHTS ..................................................... 3 2.1 Membership ................................................................................................. 3 2.2 Voting .......................................................................................................... 4 ARTICLE 3 -RIGHTS AND OBLIGATIONS OF THE ASSOCIATION ............................ 4 3.1 Common Area ............................................................................................. 4 3.2 Common Area Property Rights .................................................................... 4 3.3 Rules ........................................................................................................... 5 3.4 Enforcement ................................................................................................ 5 3.5 Rights .......................................................................................................... 5 3.6 Indemnification ............................................................................................ 5 3.7 Dedication of Common Area ........................................................................ 6 3.8 Security ........................................................................................................ 6 3.9 Utility Lines .................................................................................................. 6 ARTICLE 4 -MAINTENANCE ......................................................................................... 7 4.1 Association's Responsibility ......................................................................... 7 4.2 Owner's Responsibility ................................................................................ 8 4.3 Private Drainage Easements ....................................................................... 8 4.4 Private Road and Utilities Easements ....................................................... 10 4.5 Party Walls. Party Roofs and Party Exteriors ............................................ 11 4.6 Standards of Performance ......................................................................... 12 ARTICLE 5 -INSURANCE AND CASUAL TY LOSSES ................................................ 12 5.1 Association Insurance ............................................................................... 12 5.2 Damage and Destruction ........................................................................... 14 5.3 Disbursement of Proceeds ........................................................................ 15 5.4 Repair and Reconstruction ........................................................................ 15 ARTICLE 6 -NO PARTITION ....................................................................................... 15 ARTICLE 7 -CONDEMNATION ................................................................................... 15 ARTICLE 8 -ASSESSMENTS ...................................................................................... 16 8.1 Creation of Assessments ........................................................................... 16 8.2 Budget Approval and Computation of Base Assessment .......................... 17 8.3 Reserve Budget and Capital Contribution .................................................. 18 8.4 Special Assessments ................................................................................ 18 DECLARATION OF CIMARRON TOWNHOMES i F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 8.5 Specific Assessments ................................................................................ 18 8.6 Lien for Assessments ................................................................................ 18 8. 7 Date of Commencement of Assessments .................................................. 19 8.8 Failure to Assess ....................................................................................... 19 8.9 Capitalization of Association ...................................................................... 19 8.10 Exempt Property ........................................................................................ 19 ARTICLE 9-ARCHITECTURAL STANDARDS ............................................................ 20 9.1 General ........................................................................................................ 20 9.2 Architectural Review .................................................................................... 20 9.3 Guidelines and Procedures ......................................................................... 21 9.4 No Waiver of Future Approvals .................................................................... 21 9.5 Variances ..................................................................................................... 21 9.6 Limitation of Liability .................................................................................... 21 9. 7 Enforcement ................................................................................................ 22 ARTICLE 10 -USE GUIDELINES AND RESTRICTIONS ............................................. 22 10.1 Plan of Development: Applicability; Effect. ................................................ 22 10.2 Board Power .............................................................................................. 23 10.3 Members' Power ........................................................................................ 23 10.4 Owners' Acknowledgment ......................................................................... 23 10.5 Rights of Owners ....................................................................................... 24 10.6 Initial Use Guidelines and Restrictions ...................................................... 25 ARTICLE 11 -EASEMENTS ......................................................................................... 28 11.1 Easements of Encroachment.. ................................................................... 28 11.2 Easements for Utilities, Etc ........................................................................ 28 11.3 Easement for Emergency .......................................................................... 28 11.4 Easements for Maintenance and Enforcement.. ........................................ 29 ARTICLE 12 -MORTGAGEE PROVISIONS ................................................................ 29 12.1 Notices of Action ........................................................................................ 29 12.2 Other Provisions for First Lien Holders ...................................................... 30 12.3 Amendments to Documents ...................................................................... 30 12.4 No Priority .................................................................................................. 31 12.5 Notice to Association ................................................................................. 31 12.6 Amendment by Board ................................................................................ 31 12. 7 Applicability of Article 12 ............................................................................ 32 12.8 Failure of Mortgagee to Respond .............................................................. 32 ARTICLE 13 -DECLARANT'S RIGHTS ........................................................................ 32 DECLARATION OF CIMARRON TOWNHOMES ii F:\MBS\Conner Homes Group\Cimarron\Declaratlon 5.docx 3/31/2014 (ilf) #210061.014 ARTICLE 14 -DISPUTE RESOLUTION AND LIMITATION ON LITIGATION .............. 32 14.1 Agreement to Avoid Costs of Litigation and to Limit Right to Litigate Disputes ........................................................................................ 32 14.2 Exempt Claims .......................................................................................... 33 14.3 Mandatory Procedures for All Other Claims .............................................. 33 14.4 Allocation of Costs of Resolving Claims .................................................... 35 14.5 Enforcement of Resolution ........................................................................ 36 ARTICLE 15 -GENERAL PROVISIONS ....................................................................... 36 15.1 Term .......................................................................................................... 36 15.2 Amendment ............................................................................................... 36 15.3 Severability ................................................................................................ 37 15.4 Litigation .................................................................................................... 37 15.5 Compliance ................................................................................................ 38 15.6 Notice of Sale or Transfer of Title .............................................................. 38 EXHIBIT A .......................................................................................................... 40 DECLARATION OF CIMARRON TOWNHOMES iii F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CIMARRON TOWNHOMES THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this day of , 2014, by BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company ("Declarant"). Declarant is the owner of the real property described in Exhibit A attached hereto and incorporated herein by reference. Declarant intends by this Declaration to (a) impose upon the Property mutually beneficial restrictions under a general plan of improvement for the benefit of all owners of such property; (b) provide a flexible and reasonable procedure for the overall development of the Property; (c) establish a method for the administration, maintenance, preservation, use and enjoyment of the Property; (d) create easements, covenants, conditions and restrictions to protect the value and desirability of the real property subject to this Declaration; and (e) establish a Homeowners Association, to be known as CIMARRON COMMUNITY ASSOCIATION. Declarant hereby declares that the Property shall be held, sold, used and conveyed subject to the provisions of this Declaration, which are for the purpose of protecting the value and desirability of and which shall run with title to the Property. This Declaration shall be binding on all parties having any interest in the Property, their heirs, successors and assigns, and shall inure to the benefit of each Owner. ARTICLE 1 DEFINITIONS 1.1 "Areas of Common Responsibility". The Common Area and the portions of Lots and other areas, if any, which shall be the responsibility of the Association to maintain, including but not limited to, the following: (a) the entry monument sign area located on Lot 1, (b) the perimeter fences along the boundaries of the Property, (c) the planter strip located along Bremerton Avenue, ( d) the driveway, recreation area and related improvements located on Tract A, (e) the planting areas located along the north and south boundaries of the Property, (f) certain planting areas located in the front yards of Lots, (g) the rockery located on the east side of the Property, and (h) the public pedestrian access easement located within Tract A between Lot 7 and Lot 20, and continuing across Lots 13, 14 and 15. 1.2 "Articles". The Articles of Incorporation of CIMARRON COMMUNITY ASSOCIATION filed with the Secretary of State of the state of Washington. 1.3 "Association". CIMARRON COMMUNITY ASSOCIATION, its successors or assigns. DECLARATION OF CIMARRON TOWNHOMES F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 1.4 "Base Assessment". Assessments levied on all Lots subject to assessment under Article 8 to fund Common Expenses for the general benefit of all Lots, as more particularly described in Sections 8.1 and 8.2. 1.5 "Board of Directors" or "Board". The body responsible for administering the Association, selected as provided in the Bylaws and serving as the Board of Directors under Washington corporate law. 1.6 "Bylaws". The Bylaws of the Association, as they may be amended. 1.7 "Cimarron Townhomes". The development comprised of all property subjected to this Declaration. 1.8 "Class "B" Control Period". The period during which the Class "B" Member is entitled to appoint a majority of the Board members under Section 3.2 of the Bylaws. 1.9 "Common Expenses". The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, all as may be found necessary and appropriate by the Board under this Declaration, the Bylaws and the Articles of the Association. Common Expenses include but are not limited to real estate taxes and similar charges for Common Areas. 1.1 O "Common Areas". The Common Areas are portions of the Property owned and maintained by the Association for the benefit of all Owners as described herein. Tract A is the only Common Area located in the Property. Tract A contains an underground storm water detention vault, a driveway providing access to Lot 7, and an open space/recreation area with a small tot lot. Declarant, on its sole signature, may amend the Declaration to include additional Common Areas to be incorporated into CIMARRON TOWNHOMES and subjected to this Declaration as provided for herein. 1.11 "Community-Wide Standards". Standards of conduct, maintenance or other activity generally prevailing throughout the Property. Such standards may be more specifically determined by the Board and the Architectural Control Committee. 1.12 "Declarant". BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company, and its (a) successor by merger or consolidation, (b) successor-in-title, or (c) assignee, provided any such successor-in-title or assignee shall own or acquire for the purpose of development or sale all or any portion of the remaining unsold portions of the real property described in the attached Exhibit A; and provided further, in the instrument of conveyance to any such successor-in-title, such successor-in-title or assignee is designated as "Declarant" hereunder by the grantor of such conveyance or assignor, as the case may be, such grantor or assignor shall be the "Declarant" under this Declaration at the time of such conveyance or assignment; and DECLARATION OF CIMARRON TOWNHOMES 2 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 provided further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" under this Declaration shall cease, it being understood that as to all of the property described in Exhibit A, which is now or hereafter subjected to this Declaration, there shall be only one (1) "Declarant" hereunder at any one point in time. 1.13 "Lot". Any contiguous portion of the Property, whether improved or unimproved, other than Common Area and property dedicated to the public, which may be independently owned, conveyed, developed and used as a detached residence for a single family. The term shall refer to the land, if any, which is part of the Lot as well as any improvements thereon. The Property consists of twenty-six (26) Lots, all of which are shown on the Plat Map. 1.14 "Member". A person entitled to membership in the Association. 1.15 "Mortgage". Any mortgage, deed of trust or similar instrument used for the purpose of encumbering the Property as security for the payment or satisfaction of an obligation. 1.16 "Mortgagee". The holder of a Mortgage. 1.17 "Owner". One or more Persons who hold the record title to any Lot, except persons holding an interest merely as security for the performance of an obligation, in which case the equitable owner will be considered the Owner. Unless a recorded contract of sale specifically provides otherwise, the purchaser (rather than the fee owner) will be considered the Owner. 1.18 "Person". A natural person, corporation, partnership, trustee or any other legal entity. 1.19 "Plat Map". The recorded subdivision map for _________ _ 1.20 "Property". The real property described in Exhibit A. 1.21 "Special Assessments". All Assessments levied under Section 9.4. 1.22 "Specific Assessments". All Assessments levied under Section 9.5. ARTICLE 2 MEMBERSHIP AND VOTING RIGHTS 2.1 Membership. Every Owner shall have a membership in the Association. No Owner shall have more than one membership per Lot owned. If a Lot is owned by more than one Person, all co-Owners shall be entitled to the privileges of membership, subject to the restrictions on voting set forth in Section 2.2 and in the Bylaws. All DECLARATION OF CIMARRON TOWNHOMES 3 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners hereunder. The membership rights of an Owner who is a natural person may be exercised by the Member or the Member's spouse. The membership rights of an Owner which is a corporation, partnership or other legal entity may be exercised only by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association. 2.2 Voting. The Association shall have two (2) classes of membership, Class "A" and Class "B". 2.2.1 Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Each Class "A" Member shall have one (1) equal vote for each Lot in which he or she holds the interest required for membership under Section 2.1. There shall be only one (1) vote per Lot. In any situation where there is more than one Owner of a particular Lot, the vote for such Lot shall be exercised as such co- Owners determine among themselves and advise the Secretary of the Association in writing prior to any meeting. Absent such advice, the Lot's vote shall be suspended if more than one Person seeks to exercise it. 2.2.2 Class "B". The sole Class "B" Member shall be Declarant. The rights of the Class "B" Member are specified elsewhere in the Articles, Declaration and Bylaws. The Class "B" Member may appoint a majority of the Board members during the Class "B" Control Period, as specified in Section 3.2 of the Bylaws. The Class "B" membership shall terminate and convert to Class "A" membership upon the earlier of (a) five (5) years after expiration of the Class "B" Control Period; or (b) when, in its discretion, Declarant so determines and declares in a recorded instrument. ARTICLE 3 RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 3.1 Common Area. The Association, subject to the rights of the Owners set forth in this Declaration, shall manage and control the Common Area and all improvements thereon and shall keep it in good, clean, attractive, safe, secure and sanitary condition, order and repair under the terms and conditions of this Declaration and consistent with the requirements of the City of Renton. It is anticipated that the underground storm water detention vault will be maintained by the City of Renton. 3.2 Common Area Property Rights. Every Owner shall have a right and nonexclusive easement of use, access and enjoyment in and to the Common Area, subject to the following: (a) this Declaration, any other applicable covenants, and the terms of any deed conveying such property to the Association; (b) the right of the Board to adopt rules regulating the use and enjoyment of the Common Area, including rules limiting the number of guests; and (c) the right of the Board to suspend an Owner's right to use recreational facilities within the Common Area (i) for any period during which any charge, including Assessments, against such Owner's Lot remains delinquent, and/or DECLARATION OF CIMARRON TOWNHOMES 4 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 (ii) for a period not exceeding thirty (30) days for a single violation, or for a longer period in the case of any continuing violation, of the Declaration, the Bylaws or rules of the Association after notice and a hearing under the Bylaws. Any Owner may extend their right of use and enjoyment to the Members of their family, lessees and social invitees, as applicable, subject to rules of the Board. An Owner who leases their Lot shall be deemed to have assigned all such rights to the lessee. 3.3 Rules. The Association, through its Board, may make, modify and enforce reasonable rules governing the use of the Property, consistent with the rights and duties established by this Declaration, as provided in Article 10. Such rules shall bind all Owners, occupants, invitees and licensees until and unless repealed or modified in a regular or special meeting of the Association by the vote of sixty-seven percent (67%) of the total Class "A" votes and, so long as such membership exists, by the Class "B" Member. 3.4 Enforcement. The Association may impose sanctions for violations of this Declaration, the Bylaws or rules, including without limitation reasonable monetary fines, suspension of voting rights and the right to use any recreational facilities within the Common Area. In addition, under the Bylaws, the Association may exercise self-help remedies to cure violations and may suspend any services it provides to the Lot of any Owner thirty (30) days or more delinquent in paying any Assessment or other charge due to the Association. The Board may seek relief in any court for violations or to abate nuisances. Board actions to impose or seek sanctions shall be governed by the Bylaws. 3.5 Rights. The Association may exercise any right or privilege given to it expressly by this Declaration or the Bylaws, or which may be reasonably implied from, or reasonably necessary to effectuate, any such right or privilege. 3.6 Indemnification. The Association, to the fullest extent allowed by law, shall indemnify every officer, director and committee member against all expenses, including counsel fees, reasonably incurred by or imposed upon such officer, director or committee member in connection with any action, suit or other proceeding (including settlement of any suit or proceeding, if approved by the Board) to which he or she may be a party by reason of being or having been an officer, director or committee member. The officers, directors and committee members shall not be liable for any mistake of judgment, except for their own individual misfeasance, malfeasance, misconduct or bad faith, and shall have no personal liability to third parties with respect to any contract or action taken by them in good faith on behalf of the Association. The Association shall indemnify and hold each such officer, director and committee member harmless against all liability to others on account of any such contract, commitment or action. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any present or former officer, director or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and DECLARATION OF CIMARRON TOWNHOMES 5 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 officers and directors liability insurance to fund this obligation, if such insurance is reasonably available. 3.7 Dedication of Common Area. The Association, by Board resolution, may dedicate or grant easements over or under portions of the Common Area on behalf of the Owners to any local, state or federal government entity, public utility or private party when such conveyance is consistent with the requirements of the City of Renton or other applicable jurisdiction for the development of the Property, or Declarant's master plan for the development of the Property. However, under no circumstances shall such dedication be made, lawful or change possessory or maintenance responsibilities without the written approval of the City of Renton. 3.8 Security. Neither the Association, Declarant nor any successor Declarant shall in any way be considered insurers or guarantors of security within the Property. Neither the Association, Declarant nor any successor Declarant shall be held liable for any loss or damage for failure to provide adequate security or ineffectiveness of security measures undertaken. All Owners and occupants of any Lot, and all tenants, guests and invitees of any Owner, acknowledge that the Association and its Board, Declarant, any successor Declarant, and the ACC represent or warrant that any fire protection system, burglar alarm system or other security system designated by or installed according to guidelines established by Declarant or the ACC may not be compromised or circumvented; nor that any fire protection or burglar alarm system or other security systems will prevent loss by fire, smoke, burglary, theft, holdup or otherwise; nor that fire protection or burglar alarm systems or other security systems will in all cases provide the detection or protection for which the system is designed or intended. All Owners and occupants of any Lot, and all tenants, guests and invitees of any Owner acknowledge and understand that the Association, its Board, committees, Declarant or any successor Declarant are not insurers. All Owners and occupants of any Lot and all tenants, guests and invitees of any Owner assume all risks for loss or damage to persons, to Lots and to the contents of Lots, and further acknowledge that the Association, its Board, committees, Declarant or any successor Declarant have made no representations or warranties, nor has any Owner, occupant or any tenant, guest or invitee of any Owner relied upon any representations or warranties, expressed or implied, including any warranty of merchantability or fitness for any particular purpose relative to any fire and/or burglar alarm systems or other security systems recommended or installed or any security measures undertaken within the Property. 3.9 Utility Lines. Each Owner, occupant, guest and invitee acknowledges that neither the Association, the Board nor Declarant shall in any way be considered insurers or guarantors of health within the Property, and neither the Association, the Board nor Declarant shall be held liable for any personal injury, illness or any other loss or damage caused by the presence or malfunction of utility lines adjacent to, near, over or on the Property. Each Owner, occupant, guest and invitee assumes all risk of personal injury, illness or other loss or damage arising from the presence of utility lines, DECLARATION OF CIMARRON TOWNHOMES 6 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Wf) #210061.014 and further acknowledges that neither Declarant nor the Association has made any warranties, nor has any Owner, occupant, guest or invitee relied upon any representations or warranties, expressed or implied, relative to the condition or impact of utility lines or utility substations. ARTICLE 4 MAINTENANCE 4.1 Association's Responsibility. The Association shall maintain and keep in good repair the Areas of Common Responsibility, which shall include but need not be limited to: (a) any Common Area, including the underground storm water detention vault and related facilities located in Tract A (until the City of Renton, in writing, assumes responsibility for the maintenance thereof); (b) any contract, easement or agreement for maintenance thereof entered into by either the Association or Declarant, on behalf of the Association, to be included within any Areas of Common Responsibility, if any; Notwithstanding the foregoing, at any time after two (2) years following the recording of this Declaration, the Board may elect to require the front yard planting areas described in Section 1 (f). Except as provided above, the Area of Common Responsibility shall not be reduced by Amendment of this Declaration or any other means without prior written approval of Declarant so long as Declarant owns any property subject to the Declaration. The Association shall be relieved of its responsibilities under this Section to the extent they are assumed, in writing, by the City of Renton or any other local, state or federal government entity, except that the Association may provide any additional maintenance for the Area of Common Responsibility transferred to any such government entity, if the Board determines that such additional maintenance is necessary or desirable to maintain the Community-Wide Standards. The Association may also maintain other property which it does not own, including property dedicated to the public, if the Board determines that such maintenance is necessary or desirable to maintain the Community-Wide Standards. Except as otherwise specifically provided, all costs for maintenance, repair and replacement of the Area of Common Responsibility shall be a Common Expense allocated among all Lots as part of the Base Assessment without prejudice to the Association's right to seek reimbursement from Persons responsible for such work. DECLARATION OF CIMARRON TOWNHOMES 7 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Gjf) #210061.014 4.2 Owner's Responsibility. Except as otherwise set forth in the Declaration, each Owner shall. maintain their Lot, including without limitation all structures, fencing, yard drains, drainage, landscaping, parking areas and other improvements comprising the Lot consistent with the Community-Wide Standards and all applicable covenants, unless such maintenance responsibility is assumed by or assigned to the Association. In addition to any other enforcement rights, if any Owner fails to properly maintain their Lot, the Association may perform such maintenance and assess the costs against the Lot and the Owner under Article 9; provided, that the Association shall give the Owner reasonable notice and an opportunity to perform such maintenance, unless the Board detenmines that maintenance is needed on an emergency basis. 4.2.1 Slope Maintenance. Each Lot Owner must maintain and shall not modify the slope grades of their Lot from the original grade and condition installed by Declarant. Likewise, each Lot Owner must maintain and shall not modify any of the original landscaping on any such slopes installed by Declarant. If Lot Owners fail to do so, the Association shall perform all slope work necessary to maintain slope grades of Lots and will assess the costs of such maintenance against the Lot and the Owner as provided herein. No Lot Owner may modify or alter in any way the natural water drainage from or across their Lot in a manner which would impair or prevent water drainage into the water drainage conveyance systems internal to all Lots. 4.2.2 Fences and Irrigation. (a) Fences. All fences in Units that abut roads, rights of way or Association owned parks will be maintained and repaired by the Association. All expenses of maintaining and repairing any fence located between two (2) Units shall be shared equally by the two (2) Units located on either side of such fence. Fences located along a Unit boundary with a Unit on one side and either (a) green space or property which is not part of the Condominium, or (b) an interior roadway within the Condominium on the other side shall be maintained and expenses paid by the Unit Owner. (b) Irrigation. The irrigation system for Common Areas and for the front yards of Owners' Lots shall be separately metered and maintained by the Association. The cost of irrigation expenses for the Common Areas and for the front yards of Owners' Lots shall be paid by the Association as an Association expense. 4.3 Private Drainage Easements and Maintenance of Private Drainage Facilities. The Plat for the Property establishes a number of private drainage easements over Lots for the benefit of specific Lots. All of the private drainage easements are shown on the Plat Map. The Lots benefitted by any such private drainage easements, and the Lots Owners responsible to maintain the private drainage facilities located therein are as follows: DECLARATION OF CIMARRON TOWNHOMES 8 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 4.3.1 The ten (10) foot private drainage easement located on Lot 3 is for the benefit of Lots 1 and 2. The Owners of Lots 1, 2 and 3 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1, 2 and 3. 4.3.2 The ten (10) foot private drainage easement located on Lot 4 is for the benefit of Lots 1, 2 and 3. The Owners of Lots 1 through 4 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1 through 4. 4.3.3 The ten (10) foot private drainage easement located on Lot 5 is for the benefit of Lots 1 through 4. The Owners of Lots 1 through 5 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1 through 5. 4.3.4 The ten (10) foot private drainage easement located on Lot 6 is for the benefit of Lots 1 through 5. The Owners of Lots 1 through 6 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1 through 6. 4.3.5 The ten (10) foot private drainage easement located on Lot 8 is for the benefit of Lot 7. The Owners of Lots 7 and 8 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally between the Owners of Lots 7 and 8. 4.3.6 The ten (10) foot private drainage easement located on Lot 9 is for the benefit of Lot 10. The Owners of Lots 9 and 1 O are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally between the Owners of Lots 9 and 10. 4.3.7 The ten (10) foot private drainage easement located on Lot 20 is for the benefit of Lot 19 and Lots 21 through 24. The Owners of Lots 19 through 26 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 19 through 26. 4.3.8 The five (5) foot private drainage easement located on Lot 20 is for the benefit of Lot 19. The Owner of Lots 19 is responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be paid by the Owner of Lot 19. DECLARATION OF CIMARRON TOWNHOMES 9 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (ijf) #210061.014 4.3.9 The ten (10) foot private drainage easement located on Lot 23 is for the benefit of Lots 21, 22, and Lots 24 through 26. The Owners of Lots 19 through 26 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 19 through 26. 4.3.10 The five (5) foot private drainage easement located on Lot 23 is for the benefit of Lot 21. The Owner of Lot 21 is responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be paid by the Owner of Lot 21. 4.3.11 The ten (10) foot private drainage easement located on Lot 24 is for the benefit of Lots 21, 25 and 26. The Owners of Lots 22 through 26 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally between the Owners of Lots 22 through 26. 4.4 Private Road and Utilities Easements. The Plat for the Property establishes a number of private road and utilities easements over Lots for the benefit of specific Lots. All of the private road and utilities easements are shown on the Plat Map. The City of Renton shall not be responsible for the maintenance and/or cleaning of these private roads and utility easements. The Lots benefitted by any such private road and utility easements, and the Lots Owners responsible to maintain the private road and utilities facilities located therein are as follows: 4.4.1 The nineteen (19) foot private road and utilities easement located on Lots 1, 2 and 3 is for the benefit of Lots 1, 2 and 3. The Owners of Lots 1, 2 and 3 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1, 2 and 3. 4.4.2 The nineteen ( 19) foot private road and utilities easement located on Lots 4 and 5 is for the benefit of Lots 4 and 5. The Owners of Lots 4 and 5 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 4 and 5. 4.4.3 The nineteen ( 19) foot private road and utilities easement located on Lots 8 and 9 is for the benefit of Lots 8 and 9. The Owners of Lots 8 and 9 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 8 and 9. 4.4.4 The nineteen ( 19) foot private road and utilities easement located on Lots 10 and 11 is for the benefit of Lots 10 and 11. The Owners of Lots 10 and 11 DECLARATION OF CIMARRON TOWNHOMES 10 F :\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/3112014 (jjf) #210061.014 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 1 O and 11. 4.4.5 The nineteen (19) foot private road and utilities easement located on Lots 12 and 13 is for the benefit of Lots 12 and 13. The Owners of Lots 12 and 13 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 12 and 13. 4.4.6 The twenty-six (26) foot private road and utilities easement located on Lots 14 through 17 is for the benefit of Lots 14 through 17. The Owners of Lots 14 through 17 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 14 through 17. 4.4.7 The nineteen (19) foot private road and utilities easement located on Lots 19, 20, 21 and 23 is for the benefit of Lots 19, 20, 21 and 23. The Owners of Lots 19, 20, 21 and 23 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally among the Owners of Lots 19, 20, 21 and 23. 4.4.8 The nineteen (19) foot private road and utilities easement located on Lots 22, 24, 25 and 26 is for the benefit of Lots 22, 24, 25 and 26. The Owners of Lots 22, 24, 25 and 26 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally among the Owners of Lots 22, 24, 25 and 26. 4.5 Party Walls. Party Roofs and Party Exteriors. Each wall built as a part of the original construction on the Homes that serves or separates any two (2) adjoining Homes shall constitute a party wall ("Party Wall"). Each roof and the exterior siding constituting part of the building envelope of any Homes sharing a Party Wall shall constitute a "Party Roof' and "Party Exterior". To the extent consistent with this Section 4.5, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. The Owners of the two Homes adjoined by a Party Wall shall perform any routine maintenance work required in connection with their Party Wall and Party Exterior, provided that the Board may elect to have the Association perform such work. The Association shall be responsible for the performance of all material maintenance and repair work for any Party Wall, Party Roof and Party Exterior of Homes. Any restoration work performed with respect to a Party Wall, Party Roof or Party Exterior shall be done in accordance with the plans and specifications for the initial construction of the Homes. The costs of any such maintenance and repair work, to the extent not paid out of insurance proceeds, shall be shared equally by the Owners of the two adjoining Homes, but without prejudice to any DECLARATION OF CIMARRON TOWNHOMES 11 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 Owner's right to larger contributions from other users under any rule of law. Any Owner's right to a contribution from another Owner under this Section shall be appurtenant to the Lot and shall pass to such Owner's successor-in-title. 4.6 Standard of Performance. Unless otherwise specifically provided in this Declaration or in other instruments creating and assigning such maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement, as necessary. All maintenance shall be performed consistent with the Community-Wide Standards and all applicable covenants. Neither the Association, Declarant nor any Owner shall be liable for any damage or injury occurring to or arising out of the condition of property maintained by the Association. ARTICLE 5 INSURANCE AND CASUAL TY LOSSES 5.1 Association Insurance. The Association, acting through its Board or its duly authorized agent, shall obtain blanket "all-risk" insurance, if reasonably available, for all insurable improvements on the Common Area and other portions of the Area of Common Responsibility for which it has assumed responsibility for maintenance, repair and/or replacement. If blanket "all-risk" coverage is not generally available at reasonable cost, fire and extended coverage insurance, including coverage for vandalism and malicious mischief, shall be obtained. The face amount of the policy shall be sufficient to cover the full replacement cost of insured structures. The Board shall also obtain a public liability policy covering the Area of Common Responsibility, insuring the Association and its Members for all damage or injury caused by the negligence of the Association, any of its Members, its employees, agents or contractors acting on its behalf. If generally available at reasonable cost, the public liability policy shall have at least a Two Million Dollar ($2,000,000) combined single limit per occurrence and in the aggregate. The Association shall also obtain, if reasonably available, an umbrella policy providing at least Three Million Dollars ($3,000,000) in additional coverage, bringing total liability coverage to at least Five Million Dollars ($5,000,000). Premiums for all insurance shall be Common Expenses included in the Base Assessment. The policies may contain reasonable deductibles which shall be disregarded in determining whether the insurance meets the coverage requirements. In the event of an insured loss, the deductible shall be treated as a Common Expense. However, if the Board reasonably determines, after notice and an opportunity to be heard under the Bylaws, that the loss resulted from negligence or willful misconduct of one or more Owners, then the Board may assess the full amount of such deductible against such Owner(s) and their Lot(s) under Section 9.6. All insurance coverage obtained by the Board on behalf of the Association shall: DECLARATION OF CIMARRON TOWNHOMES 12 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf} #210061.014 (a) be written with a company authorized to do business in Washington which holds a B or better general policyholder's rating, or a financial performance index of 6 or better in the Best's Key Rating Guide, or an A or better rating from Demotech, Inc., or in the alternative, the highest rating generally available; (b) be written in the name of the Association as trustee for the benefitted parties (policies on the Common Area shall be for the benefit of the Association and its Members); (c) vest in the Board exclusive authority to adjust losses, provided that a Mortgagee having an interest in such losses may participate in any settlement negotiations; (d) provide that it will not be brought into contribution with insurance purchased by individual Owners, occupants or their Mortgagees; (e) if for property insurance, have inflation guard endorsements, if reasonably available; (f) if containing a co-insurance clause, have an agreed amount endorsement, if reasonably available; and (g) provide for a Certificate of Insurance to be furnished to the Association. A copy of such Certificate shall be provided by the Association to any Member upon request. The Association shall arrange for an annual review of the sufficiency of insurance coverage by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the area of King County, Washington. The Board shall use reasonable efforts to secure insurance policies that provide endorsements: (i) waiving subrogation as to any claims against the Association's Board, officers, employees and Manager, the Owners and occupants of Lots and their respective tenants, servants, agents and guests; (ii) waiving rights of the insurer to repair and reconstruct instead of paying cash; (iii) providing that the policy may not be cancelled, invalidated, suspended or subjected to non-renewal on account of any one or more individual Owners; DECLARATION OF CIMARRON TOWNHOMES 13 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 (iv) providing that the policy may not be cancelled, invalidated, suspended or subjected to non-renewal on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure; (v) excluding individual Owner policies from consideration under any other insurance clause; and (vi) providing that the Association will be given at least thirty (30) days' prior written notice of any cancellation, substantial modification or non-renewal. The Association also shall obtain, as a Common Expense, a fidelity bond or bonds, if generally available at reasonable cost, covering all persons responsible for handling Association funds. The amount of fidelity coverage shall be determined by the Board but, if reasonably available, may not be less than one-fourth (1/4) of the annual Base Assessments on all Lots plus reserves on hand. Bonds shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation and shall require at least thirty (30) days' prior written notice to the Association of any cancellation, substantial modification or non-renewal. The Board shall also obtain liability insurance coverage for directors and officers in the amount of at least Two Million Dollars ($2,000,000), if reasonably available, insuring the Association and its officers, directors and committee members (former, present and future) from liability for any actions or decisions for which the Association would have the duty to indemnify them under this Declaration. The Board shall also obtain, as a Common Expense, worker's compensation and employer's liability insurance if and to the extent required by law, and such other insurance as it deems necessary or advisable, including flood insurance. 5.2 Damage and Destruction. 5.2.1 Immediately after damage or destruction by fire or other casualty to all or any part of the Property covered by insurance written in the name of the Association, the Board or its agent shall file all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the condition existing prior to the damage, with any changes needed to comply with applicable building codes and subject to the required building permits and inspection process. 5.2.2 Any damage to the Common Area shall be repaired or reconstructed unless at least seventy-five percent (75%) of the total Class "A" votes in the Association, and the Class "B" Member, if any, decide within sixty (60) days after DECLARATION OF CIMARRON TOWNHOMES 14 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Ujf) #210061.014 the loss either (a) not to repair or reconstruct, or (b) to construct alternative improvements. If either the insurance proceeds or reliable, detailed estimates of the cost of repair or reconstruction are not available to the Association within the sixty (60) day period, then the period may be extended for not more than sixty (60) additional days. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed. 5.2.3 If it is determined that the damage to the Common Area shall not be repaired or reconstructed and no alternative improvements on the affected portion of the Property are authorized, the affected area shall be cleared of all debris and ruins and thereafter maintained by the Association in a neat and attractive, landscaped condition consistent with the Community-Wide Standards. 5.3 Disbursement of Proceeds. Any insurance proceeds remaining after paying for repair or reconstruction or, if no repair or reconstruction is made, after such settlement as is necessary and appropriate with the affected Owner and their Mortgagees as their interests may appear, shall be retained by the Association and placed in a capital improvements account. This is a covenant for the benefit of any Mortgagee of a Lot and may be enforced by such Mortgagee. 5.4 Repair and Reconstruction. If the insurance proceeds are insufficient to pay for repairing or reconstructing the damage to the Common Area, the Board may, during and following the completion of any repair or reconstruction and without membership approval, levy Special Assessments to pay for such repair or reconstruction against those Owners responsible for the premiums for the applicable insurance coverage under Section 5.1. The Association shall have the exclusive right to deal with all venders, contractors or subcontractors in connection with the performance of any such repair and/or reconstruction work. ARTICLE 6 NO PARTITION Except as permitted in this Declaration or amendments to this Declaration, the Common Area shall remain undivided, and no Owner nor any other Person shall bring any action for partition of the whole or any part thereof without the written consent of all Owners and Mortgagees. ARTICLE 7 CONDEMNATION Whenever any part of the Common Area shall be taken or conveyed under threat of condemnation by any authority having the power of eminent domain, each Owner shall be entitled to notice thereof. The Board may convey Common Area under threat DECLARATION OF CIMARRON TOWNHOMES 15 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 of condemnation only if approved in writing by at least sixty-seven percent (67%) of the total Class "A" votes in the Association and Declarant, as long as Declarant owns any Property described on Exhibit A. The award made for such taking or conveyance shall be payable to the Association as trustee for all Owners to be disbursed as follows: If the taking involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent practicable, unless within sixty (60) days after such taking, Declarant, so long as Declarant owns any Property described in Exhibit A, and at least sixty-seven percent (67%) of the total Class "A" vote of the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions of Section 5.3 regarding the disbursement of funds shall apply to disbursement of awards. ARTICLE 8 ASSESSMENTS 8.1 Creation of Assessments. There are hereby created three (3) types of Assessments for Association expenses: (a) Base Assessments to fund Common Expenses for the general benefit of all Lots, (b) Special Assessments as described in Section 8.4, and (c) Specific Assessments as described in Section 8.5. Each Owner, by acceptance of a deed or recording a contract of sale for any portion of the Property, is deemed to covenant and agree to pay these Assessments as levied from time to time by the Association. All Assessments, together with interest at a rate set by the Board (not to exceed eighteen percent [18%] or the highest rate allowed by Washington law, if less) from the date of delinquency, late charges, costs and reasonable attorneys' fees, shall be a charge and a continuing lien upon each Lot against which the Assessment is made until paid, as more particularly provided in Section 8.6. Each such Assessment, with interest, late charges, costs of collection, including reasonable attorneys' fees, also shall be the personal obligation of the Person who was the Owner of such Lot at the time the Assessment arose. If title to a Lot is transferred, the grantee shall be jointly and severally liable for Assessments and charges due at the time of conveyance, except that a first Mortgagee who obtains title to a Lot by exercising rights under the Mortgage shall not be liable for previously accrued Assessments and related charges. The Association shall, on request, furnish to any Owner a written certificate setting forth whether Assessments have been paid for any particular Lot, on advance payment of a reasonable processing fee as set by the Board. Assessments shall be paid in a manner and by dates fixed by the Board. The Board may allow payment of Assessments in installments. Unless the Board otherwise provides, the Base Assessment shall be due in advance on a monthly basis on the first DECLARATION OF CIMARRON TOWNHOMES 16 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Wf) #210061.014 day of each month of the fiscal year. If any Owner is delinquent in paying any Assessments or charges levied on the Lot, the Board may require all unpaid Assessment installments to be paid immediately. No Owner may exempt themself from liability for Assessments by non-use of Common Area, abandonment of the Lot or any other means. The obligation to pay Assessments is a separate and independent covenant of each Owner. No diminution or abatement of Assessment or setoff shall be claimed or allowed for any alleged failure of the Association to take any action required of it or for inconvenience or discomfort arising from repairs or improvements or other actions taken by it. During the Class "B" Control Period, Declarant may elect annually to pay the Association either (a) regular Assessments on all of its unsold Lots within the Property, notwithstanding the commencement date under Section 8.7, or (b) the difference between the amount of Assessments against all other Lots and the necessary expenditures of the Association within a division of the Property during the fiscal year. Unless Declarant otherwise notifies the Board at least sixty (60) days before the beginning of a fiscal year, or at any time during a fiscal year after at least sixty (60) days' notice from Declarant to the Board, Declarant shall continue paying on the same basis as the preceding fiscal year. Declarant's obligations hereunder may be satisfied in cash, by "in kind" contributions of services or materials, or by a combination of these. The Association is specifically authorized to enter into subsidy contracts or contracts for "in kind" contribution of services and materials with Declarant or others for payment of Common Expenses. 8.2 Budget Approval and Computation of Base Assessment. Within thirty (30) days after adoption of any proposed budget for the Association, the Board shall provide a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen ( 14) nor more than sixty (60) days after mailing of the summary. Unless at that meeting the budget is rejected by both fifty-one percent (51 %) of the Class "A" votes in the Association and the Class "B" Member, if any, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, 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. The Base Assessment shall be set in aggregate amounts reasonably expected to produce income equaling the total budgeted Common Expenses. In determining Assessments, the Board may consider other sources of funds available to the Association. In addition, the Board shall take into account the number of Lots subject to assessment under Section 8.7 on the first (1st) day of the fiscal year for which the budget is prepared and the number of Lots reasonably anticipated to become subject to assessment during the fiscal year. DECLARATION OF CIMARRON TOWNHOMES 17 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (ijf) #210061.014 Declarant may, but is not obligated to, reduce the Base Assessments by paying a subsidy (in addition to any amounts paid by it under Section 8.1 ), which may be either a contribution, an advance against future Assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be disclosed as a line item in the Common Expense budget. Payment of any subsidy shall not obligate Declarant to continue subsidies in the future. 8.3 Reserve Budget and Capital Contribution. The Board shall annually prepare reserve budgets for general purposes which take into account the number and nature of replaceable assets, the expected life of each asset, and the expected maintenance repair or replacement cost. The Board shall include in Base Assessments capital contributions in amounts sufficient to meet these projected needs. 8.4 Special Assessments. In addition to other authorized Assessments, the Association may levy Special Assessments from time to time to cover expenses greater or different than those budgeted. Special Assessments shall be levied against the entire membership. Except as otherwise specifically provided in this Declaration, Special Assessments must be approved by the affirmative vote or written consent of Owners representing at least a majority of the Class "A" votes, and consent of the Class "B" Member, if any. Special Assessments shall be paid in a manner and by dates fixed by the Board. The Board may allow payment in installments extending beyond the fiscal year in which the Special Assessment is approved. 8.5 Specific Assessments. The Board may specifically assess against particular Lots, expenses incurred by the Association to provide special benefits, items or services (a) on request of the Owner of a Lot, (b) made necessary by the conduct of the Owner or its licensees, invitees or guests, or (c) necessary to bring the Lot into compliance with this Declaration, the Articles, the Bylaws or Association rules. Such Specific Assessments may be levied by the Board after notice to the applicable Owners and an opportunity for a hearing. 8.6 Lien for Assessments. The Association shall have a lien against each Lot to secure payment of delinquent Assessments, interest, late charges and costs of collection (including attorneys' fees). Such lien shall be prior and superior to all other liens, except (a) the liens for taxes and governmental Assessments which by law are superior, and (b) the lien of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment and foreclosure in the same manner as a Mortgage. The Association may bid for a Lot at the Foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. When a Lot is owned by the Association following Foreclosure, (a) no right to vote shall be exercised on its behalf, (b) no Assessment shall be levied on it, and (c) each other Lot shall be charged, in addition to its usual DECLARATION OF CIMARRON TOWNHOMES 18 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 Assessment, its pro rata share of the Assessment that would have been charged such Lot had it not been acquired by the Association. The Association may sue to recover a money judgment for unpaid Assessments and related charges, including attorneys' fees, without foreclosing or waiving the lien securing the same. The sale or transfer of any Lot shall not affect the Assessment lien or relieve such Lot from the lien for any Assessments thereafter becoming due. Where the Mortgagee holding a first Mortgage of record or other purchaser of a Lot obtains title pursuant to Foreclosure of the Mortgage, it shall not be liable for the share of the Assessments which became due prior to such acquisition of title. Such unpaid share of Assessments shall be deemed to be Common Expenses collectible from Owners of all Lots including such acquirer. 8.7 Date of Commencement of Assessments. The obligation to pay Assessments shall commence as to each Lot after the Board first determines a budget and levies Assessments upon the first (1st) day of the month following the date of conveyance of such Lot by Declarant to any Person other than a builder. The first monthly Assessment levied on each Lot shall be adjusted according to the number of days remaining in the monthly period at the time Assessments commence on the Lot. 8.8 Failure to Assess. Failure of the Board to fix the Assessment amounts or rates or to deliver Assessment notices shall not be deemed a waiver, modification or a release of any Owner from the obligation to pay Assessments. In such event, each Owner shall continue to pay Base Assessments on the same basis as for the prior year until a new Assessment is made, at which time any shortfalls in collections may be assessed retroactively. 8.9 Capitalization of Association. Upon acquisition of record title to a Lot by the first Owner other than a builder, a contribution shall be made by or on behalf of the purchaser to the working capital of the Association in an amount equal to one-sixth ( 1 /6) of the annual Base Assessment per Lot for that year. This amount shall be in addition to and not in lieu of the annual Base Assessment levied on the Lot and shall not be considered an advance payment thereof. This amount shall be collected at the closing of the Lot and disbursed to the Association for use in covering operating and other expenses incurred by the Association under the terms of this Declaration and the Bylaws, together with reserves established by the Association for future expenses of the Association. 8.10 Exempt Property. All Common Areas are exempt from payment of Base Assessments and Special Assessments. DECLARATION OF CIMARRON TOWNHOMES 19 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 ARTICLE 9 ARCHITECTURAL STANDARDS 9.1 General. No improvements (including staking, clearing, excavation, grading and other site work), exterior alteration of existing improvements (including painting), placement or posting of any object or thing on the exterior of any Lot or the Common Area (e.g., fences, signs, antennas, satellite dishes, clotheslines, playground equipment, lighting, temporary structures, artificial vegetation, exterior sculptures and fountains), or planting or removal of plants, trees or shrubs shall take place except in compliance with this Article and with the approval of the appropriate committee under Section 9.2. An Owner may remodel or redecorate the interior of buildings in any manner desired, repaint the exterior of structures in accordance with the originally approved color scheme, or rebuild structures in accordance with originally approved plans and specifications without approval under this Article; however, modifications to the interior of screened porches, patios and similar portions of a Lot visible from outside the Lot shall require approval under this Article. Each single-family dwelling shall incorporate a minimum one ( 1) car garage, designed and constructed as an integral part of the residence. All dwellings constructed on any Lot shall be designed by and built in accordance with the plans and specifications of a building designer, licensed architect or engineer. All dwellings shall be constructed of new construction materials on-site, unless otherwise approved by the appropriate committee under Section 9.2, and shall be constructed in compliance with all applicable building codes and with all required building permits. This Article shall not apply to (a) activities of Declarant, or (b) improvements or modifications to the Area of Common Responsibility by or on behalf of the Association. This Article may not be amended without Declarant's written consent so long as Declarant owns any land subject to this Declaration or which it may unilaterally submit to this Declaration. 9.2 Architectural Review. Administration of the Residential Design Guidelines and review of applications for construction and modifications under this Article shall be handled by an Architectural Control Committee ("ACC"). Committee members need not be Owners or representatives of Owners and may but need not include architects, engineers or similar professionals, whose compensation, if any, shall be established by the Board. The Board may establish reasonable fees for review of applications by the Committee and their consultants, if any, and require them to be paid by the Owner(s) submitting such application prior to review. The ACC shall consist of at least three (3) but not more than five (5) persons, and shall have exclusive jurisdiction over all construction of any Lot, excluding any construction by Declarant. Until all Lots have DECLARATION OF CIMARRON TOWNHOMES 20 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (ijf) #210061.014 been developed and conveyed to Owners other than builders in the normal course of development and sale, Declarant may appoint all members of the ACC who shall serve at its discretion. There shall be no surrender of this right prior to that time except by a recorded instrument executed by Declarant. After all Lots have been developed and conveyed to the Owners other than the builder, the members of the ACC appointed by Declarant shall resign, and the Board shall appoint new members of the ACC. Those members of the ACC shall then be either reappointed or replaced annually by the Board within thirty (30) days of the regular annual meeting of the Association described in the Bylaws. The ACC shall also have exclusive jurisdiction over modifications, additions or alterations made on or to existing structures on Lots and any appurtenant open space. 9.3 Guidelines and Procedures. 9.3.1 Declarant shall prepare initial design, development and construction guidelines and application and review procedures (the "Residential Design Guidelines"), which may contain general provisions applicable to all of the Property and specific provisions which vary from one portion of the Property to another depending upon the location, characteristics and intended use thereof. 9.3.2 Plans and specifications showing the nature, kind, shape, color, size, materials and location of all proposed construction and modifications shall be submitted to the ACC for review and approval. In reviewing each submission, the committees may consider the quality of workmanship and design, harmony of external design with existing structures, and location in relation to surrounding structures, topography and finish grade elevation, and other factors, as well as the Residential Design Guidelines. 9.4 No Waiver of Future Approvals. The approval of any proposals, plans, specifications, drawings or other matters in any one instance shall not be deemed a waiver of any right to withhold subsequent approval of any similar proposals, plans, specifications, drawings or matters. 9.5 Variances. The ACC may authorize variances in writing from its guidelines and procedures, but only (a) in accordance with duly adopted rules and regulations, (b) when unique circumstances dictate, such as unusual topography, natural obstructions, hardship or aesthetic or environmental considerations require, and (c) when construction in accordance with the variance would be consistent with the purposes of the Declaration. Inability to obtain or the terms of any governmental approval, or the terms of any financing shall not be considered a hardship warranting a variance. 9.6 Limitation of Liability. The ACC shall not be responsible for the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements. Neither Declarant, the Association, the Board, any committee nor member of any of them shall DECLARATION OF CIMARRON TOWNHOMES 21 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 be liable for any injury, damages or loss arising out of the manner or quality of approved construction or modifications. 9. 7 Enforcement. Any construction, alteration or other work done in violation of this Article shall be deemed nonconforming. On written request from the Board or Declarant, Owners shall, at their own expense, cure such nonconformance to the satisfaction of the requester, or restore the land to substantially the same condition as existed prior to the nonconforming work. If an Owner fails to so cure or restore, the Board, Declarant or their designees may do so at the Owner's expense and assess the cost against the benefitted Lot as a Specific Assessment under Section 9.5. Any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with this Article may be excluded by the Board from the Property, subject to the notice and hearing procedures in the Bylaws. In such event, neither the Association, its officers or directors shall be held liable to any Person for exercising the rights granted by this paragraph. In addition, the Board may, on behalf of the Association, pursue all legal and equitable remedies available to enforce this Article and the decisions of the ACC. ARTICLE 10 USE GUIDELINES AND RESTRICTIONS 10.1 Plan of Development; Applicability: Effect. Declarant has created CIMARRON TOWNHOMES as a community of single-family residential properties. The Property is subject to land development, architectural and design guidelines as set forth in Article 9. The Property is subject to guidelines and restrictions governing land use, individual conduct and uses of or actions upon the Property as provided in this Article 10. Guidelines dealing with architecture and design are set forth in Article 9. This Declaration and resolutions the Board may adopt establish affirmative and negative covenants, easements and restrictions (the "Use Guidelines and Restrictions"). All provisions of the Declaration and of any rules shall also apply to all occupants, tenants, guests and invitees of any Lot. The Owner shall cause all occupants of their Lot to comply with these provisions. Every Owner shall be responsible for all violations and losses to the Common Area caused by such occupants, although the occupants also are fully liable and may be sanctioned for such violations and losses. Any lease of any Lot shall provide that the lessee and all occupants of the leased Lot shall be bound by the terms of this Declaration, the Bylaws and the rules of the Association. Declarant has promulgated CIMARRON TOWNHOMES' general plan of development in order to protect all Owners' quality of life and collective interests, the aesthetics and environment within the Property, and the vitality of and sense of community within CIMARRON TOWNHOMES, all subject to the Board's ability to respond to changes in circumstances, conditions, needs and desires within the master- planned community. DECLARATION OF CIMARRON TOWNHOMES 22 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 {ijf) #210061.014 Declarant has prepared initial Use Guidelines and Restrictions which contain general provisions applicable to all of the Property, as well as specific provisions which may vary within the Property, depending upon the location, characteristics and intended use. Such Use Guidelines and Restrictions are set forth in Section 10.6 below. Based upon these Use Guidelines and Restrictions, the Board shall adopt the initial rules at its initial organizational meeting. 10.2 Board Power. Subject to the terms of this Article 10 and to its duty of care and undivided loyalty to the Association and its Members, the Board shall implement and manage the Use Guidelines and Restrictions through rules which adopt, modify, cancel, limit, create exceptions to, or expand the Use Guidelines and Restrictions. Prior to any such action, the Board shall conspicuously publish notice of the proposal at least five (5) business days prior to the Board meeting. Owners shall have a reasonable opportunity to be heard at a Board meeting prior to action being taken. The Board shall send a copy of any proposed new rule or amendment to each Owner at least thirty (30) days prior to its effective date. The rule shall become effective unless disapproved at a meeting by at least seventy-five percent (75%) of the total Class "A" votes and by the Class "B" Member, if any. The Board shall have no obligation to call a meeting of the Members to consider disapproval except upon petition of the Owners as required for special meetings in the Bylaws. The Board shall have all powers necessary and proper, subject to its exercise of sound business judgment and reasonableness to effect the duties contained in this Section 10.2. The Board shall provide, without cost, a copy of the Use Guidelines and Restrictions, including the Initial Use Guidelines and Restrictions in Section 10.6 below and rules then in effect to any requesting Member or Mortgagee. 10.3 Members' Power. The Members, at a meeting duly called for such purpose as provided in Article 2 of the Bylaws, may adopt, repeal, modify, limit and expand Use Guidelines and Restrictions and implement rules by a vote of seventy-five percent (75%) of the total Class "A" votes and the approval of the Class "B" Member, if any. 10.4 Owners' Acknowledgment. All Owners are subject to the Use Guidelines and Restrictions and are given notice that (a) their ability to use their privately owned property is limited thereby, and (b) the Board may add, delete, modify, create exceptions to, or amend the Use Guidelines and Restrictions in accordance with Sections 10.2, 10.3 and 15.2. Each Owner, by acceptance of a deed, acknowledges and agrees that the use, enjoyment and marketability of their property can be affected by this provision, and the Use Guidelines and Restrictions and rules may change from time to time. DECLARATION OF CIMARRON TOWNHOMES 23 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 10.5 Rights of Owners. Except as may be contained in Section 10 .6 below, neither the Board nor the Association may adopt any rule in violation of the following provisions: 10.5.1 Equal Treatment. Similarly situated Owners and residents shall be treated similarly. 10.5.2 Speech. The rights of Owners and occupants to display on their Lot political signs and symbols of the kinds normally displayed in or outside of residences located in residential neighborhoods in individually owned property shall not be abridged, except that the Association may adopt reasonable time, place and manner restrictions for the purpose of minimizing damage and disturbance to other Owners and occupants. 10.5.3 Religious and Holiday Displays. The rights of Owners to display on their Lots religious and holiday signs, symbols and decorations of the kinds normally displayed in or outside of residences located in residential neighborhoods shall not be abridged, except that the Association may adopt reasonable time, place and manner restrictions for the purpose of minimizing damage and disturbance to other Owners and occupants. 10.5.4 Household Composition. The Association or Board shall make no rule that interferes with the freedom of occupants to detennine the composition of their households, except that the Association shall have the power to require that all occupants be members of a single housekeeping Lot, and to limit the total number of occupants permitted in each Lot on the basis of the size and facilities of the Lot, to the extent not prohibited by law, and consistent with its fair share use of the Common Area, including parking. 10.5.5 Activities within Lot. Neither the Association nor the Board shall make any rule that interferes with the activities of the residents carried on within the confines of their Lot, except that the Association may prohibit activities not normally associated with property restricted to residential use, and it may restrict or prohibit any activities that impose monetary costs on the Association or other Owners, that create a danger to the health or safety of other occupants, that generate excessive noise or traffic, that create unsightly conditions visible outside the Lot, that block the views from other Lots, or that create an unreasonable source of annoyance. 10.5.6 Pets. Unless the keeping of pets is prohibited at the time of the sale of the first Lot by rule or Use Guidelines and Restrictions, no rule prohibiting the keeping of ordinary household pets shall be adopted thereafter over the objection of any Owner expressed in writing to the Association. Notwithstanding the above, the Association or Board may adopt reasonable regulations designed to minimize damage and disturbance to other Owners and occupants, including regulations requiring damage deposits, waste removal, leash controls, noise controls, occupancy limits based DECLARATION OF CIMARRON TOWNHOMES 24 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 on size and facilities of the Lot and fair share use of the Common Area. Nothing in this provision shall prevent the Association from requiring removal of any animal that presents an actual threat to the health or safety of residents, or from requiring abatement of any nuisance or unreasonable source of annoyance. 10.5. 7 Allocation of Burdens and Benefits. The initial allocation of financial burdens and rights to use Common Areas among the various Lots shall not be changed to the detriment of any Owner over that Owner's objection expressed in writing to the Association. Nothing in this provision shall prevent the Association from changing the Common Areas available, from adopting generally applicable rules for use of Common Areas, or from denying use privileges to those who abuse the Common Area, violate rules or this Declaration, or fail to pay Assessments. This provision does not affect the right to increase or decrease the amount of Assessments as provided in Article 9. 10.5.8 Alienation. The Association or Board shall not adopt rules that prohibit transfer of any Lot or require consent of the Association or Board for transfer of any Lot. 10.5.9 Reasonable Rights to Develop. Neither the Association nor the Board shall adopt any rule or take any action which would impede Declarant's right to develop in accordance with the master plan for CIMARRON TOWNHOMES. 10.5.1 O Abridging Existing Rights. If any rule would otherwise require Owners to dispose of personal property which they owned at the time they acquired their Lots, such rule shall not apply to any such Owners without their written consent. 10.6 Initial Use Guidelines and Restrictions. 10.6.1 General. The Property shall be used only for residential, recreational and related purposes (which may include without limitation business offices for the Declarant or the Association consistent with this Declaration). 10.6.2 Restricted Activities. The following activities are prohibited within the Property unless either (a) expressly authorized by and then subject to such conditions as may be imposed by the Board, or (b) undertaken by Declarant in the normal course of developing the Property: (a) Parking of commercial vehicles, recreational vehicles, mobile homes, boats or other watercraft, or other oversized vehicles, stored vehicles or inoperable vehicles in places other than enclosed garages (unless adequately screened from view of both all Lots and approved by the ACC). The term "commercial vehicles" shall be defined as any vehicle used for business related purposes, whether so labeled or not, that meets any of the following criteria: (i) Gross Vehicle Weight Rating (GVWR) over 10,000 pounds, (ii) dual rear wheels DECLARATION OF CIMARRON TOWNHOMES 25 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 on a single axle ("dually"), (iii) multiple rear axles, or (iv) the vehicle has motorized exterior accessories that can extend or can be extended from the vehicle beyond or above the perimeter of the vehicle's body. No motor vehicle may be parked in a location or manner that blocks or impairs access to any other Lots or fire lanes. Also, no portion of a motor vehicle may be parked within the "no parking" zone designated on any road or street, if any. No vehicles may be parked on any road or street, other than within parking spaces designated and physically marked by the Declarant or the Association, if any. The Board shall require removal of any inoperative or improperly licensed vehicle, or any unsightly vehicle. If the same is not removed, the Board shall cause removal at the risk and expense of the Owner thereof; (b) Capturing, trapping, injuring or killing of wildlife within the Property, except in circumstances posing an imminent threatto the safety of persons using the Property or except as required or permitted by any applicable governmental authority; (c) Chasing, injuring or killing of wildlife within the Property by pets of Owners or occupants of Lots within the Property; ( d) Raising, breeding or keeping of animals, livestock or poultry of any kind, except that a reasonable number of dogs, cats or other usual and common household pets may be permitted in a Lot. However, 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 Lots shall be removed upon request of the Board. If the pet owner fails to honor such request, the Board may remove the pet; ( e) Obstruction or re-channeling of drainage flows after location and installation of drainage swales, storm sewers or storm drains, except that the Declarant and the Association shall have such right, provided the exercise of such right shall not materially diminish the value of or unreasonably interfere with the use of any Lot without the Owner's consent; (f) Subdivision of a Lot into two (2) or more Lots after a subdivision plat including such Lot has been approved and filed, or changing the boundary lines of any Lot, except that the Declarant and builder, with Declarant's consent, shall be permitted to subdivide or change the boundary lines of Lots which they own; (g) Excavating, filling or otherwise altering the grade of slopes within a Lot including, but not limited to, trenching, digging, installation of walls, patios, trees, play equipment, water features, stairways, paths and structures, removing grass or other slope stabilizing vegetation between October 1 and May 1 of each year, or having a slope in an unvegetated or stabilized and protected condition for more than thirty (30) days. Lot Owners requesting ACC approval to alter DECLARATION OF CIMARRON TOWNHOMES 26 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 slopes shall be required to submit an evaluation of the proposed alteration by a professional geotechnical or soils engineer. (h) Excavating, filling or otherwise altering the grade above or below retaining walls and rockeries within fifteen (15) feet of the walls or rockery, or construction of any structures within fifteen ( 15) feet of a rockery or retaining wall. (i) Excavating, filling, covering or otherwise altering the ground above subsurface drainage facilities, such as footing drains at the retaining walls, trench or French drains at the toe of a slope, and front or rear yard area drains. Alteration of drainage facilities can cause significant damage to property and may represent a life safety hazard. All proposed alterations of drainage facilities shall require the review and concurrence of a professional registered civil or geotechnical engineer. U) Operation of a timesharing, fraction-sharing or similar program, whereby the right to exclusive use of the Lot rotates among participants in the program on a fixed or floating time schedule over a period of years, except that Declarant and its assigns may operate such a program with respect to Lots which it owns. (k) Conversion of any garage, attic or other unfinished space, other than a basement, to finished space for use as an apartment or other integral part of the living area on any Lot, except as approved by the ACC; (1) Any business, trade or similar activity, except that an Owner or occupant residing in a Lot may conduct business activities within the Lot so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot; (ii) the business activity confonns to all zoning requirements for the Property; (iii) the business activity does not involve regular visitation of the Lot by clients, customers, suppliers or other business invitees or door-to-door solicitation of residents of the Property; or (iv) the business activity is consistent with the residential character of the Property and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents of the Property, as may be determined in the sole discretion of the Board. This Subsection shall not apply to any activity conducted by the Declarant or a builder approved by the Declarant with respect to its development and sale of the Property or its use of any Lots which it owns within the Property; (m) Any construction, erection, modification or placement, pennanently or temporarily, on the outside portions of the Lot, whether such portion is improved or unimproved, except as provided in Article 8; and DECLARATION OF CIMARRON TOWNHOMES 27 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 (n) Posting, placing or maintaining any signs on any portion of the Property, including Lots, except for those signs approved by the Board in writing. ARTICLE 11 EASEMENTS 11.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment, and for maintenance and use of any fence, retaining walls, roof overhangs or other improvements encroaching between each Lot and any adjacent Common Area, and between adjacent Lots due to the unintentional misplacement, settling or shifting of the improvements constructed, reconstructed or altered thereon (in accordance with the terms of these restrictions). Such easements of encroachments shall be to a distance of not more than one (1) foot, and such easements for maintenance shall be to a distance of not more than six (6) feet, as measured from any point on the common boundary along a line perpendicular to such boundary. This latter easement for maintenance includes the right of an Owner to enter upon the side yard of the adjoining Lot(s) in order to perform maintenance or improvements located on their Lot. 11.2 Easements for Utilities, Etc. Declarant reserves unto itself, so long as it owns any property described on Exhibit A, and grants to the Association an easement for the purposes of access and maintenance upon, across, over and under all of the Property to the extent reasonably necessary to install, replace, repair and maintain, as applicable, cable television systems, master television antenna systems, security and similar systems, roads, walkways, bicycle pathways, lakes, ponds, wetlands, drainage systems, street lights, signage and all utilities, including but not limited to water, sewer, meter boxes, telephone, gas and electricity. The Declarant and/or the Association may assign these rights to any local utility supplier, cable company, security company, municipal entity upon that entity's written approval or other company providing a service or utility to CIMARRON TOWNHOMES, subject to the limitations herein. Notwithstanding anything to the contrary herein, this easement shall not entitle the holders to construct or install any of the foregoing systems, facilities or utilities over, under or through any existing dwelling on a Lot; and any damage to a Lot resulting from the exercise of this easement shall promptly be repaired by and at the expense of the Person exercising the easement. Exercise of this easement shall not unreasonably interfere with the use of any Lot and, except in an emergency, entry onto any Lot shall be made only after reasonable notice to the Owner or occupant. No utilities may be installed or relocated on the Property without approval of the Board or as provided by Declarant. 11.3 Easement for Emergency. Authorized agents of the Association shall have the right, but not the obligation, and a perpetual easement is hereby granted to the Association, to enter all portions of the Property, including each Lot, for emergency, security and safety reasons. Except in emergencies, entry onto a Lot shall be only DECLARATION OF CIMARRON TOWNHOMES 28 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf} #210061.014 during reasonable hours and after notice to and permission from the Owner thereof. This easement includes the right to enter any Lot to cure any condition which increases the risk of fire or other hazard if an Owner fails or refuses to cure the condition within a reasonable time after request by the Board, but does not authorize entry into any dwelling without permission of the Owner. 11.4 Easements for Maintenance and Enforcement. Authorized agents of the Association shall have the right, but not the obligation, and a perpetual easement is hereby granted to the Association, to enter all portions of the Property, including each Lot, to (a) perform its maintenance responsibilities under Article 4, and (b) make inspections to ensure compliance with this Declaration, the Bylaws and rules. Except in emergencies, entry onto a Lot shall only be during reasonable hours and after notice to and permission from the Owner. This easement shall be exercised with a minimum of interference to the quiet enjoyment to Owners' property, and any damage shall be repaired by the Association at its expense. The Association, without approval of the Owners, may grant temporary or permanent easements to any public entity, private entity or private party over, under and across any part of the Common Areas as the Association may deem desirable, necessary or convenient to accomplish its maintenance and other responsibilities hereunder. The Association also may enter a Lot to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates the Declaration, the Bylaws or the rules. All costs incurred, including reasonable attorneys' fees, shall be assessed against the violator as a Specific Assessment. ARTICLE 12 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Lots in the Property. This Article applies to both this Declaration and the Bylaws, notwithstanding any other provisions contained therein. 12.1 Notices of Action. An institutional holder, insurer or guarantor of a first Mortgage who provides written request to the Association ( such request to state the name and address of such holder, insurer or guarantor, and the street address of the Lot to which its Mortgage relates, thereby becoming an "Eligible Holder") will be entitled to timely written notice of: (a) any condemnation or casualty loss which affects a material portion of the Property or which affects any Lot on which there is a first Mortgage held, insured or guaranteed by such Eligible Holder; DECLARATION OF CIMARRON TOWNHOMES 29 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Uif) #210061.014 (b) any delinquency in the payment of Assessments or charges by the Owner of any Lot subject to the Mortgage of such Eligible Holder, where such delinquency has continued for a period of sixty (60) days. Notwithstanding this provision, upon request, any holder of a first Mortgage is entitled to written notice from the Association of any default in the performance by an Owner of a Lot of any obligation under the Declaration or Bylaws which is not cured within sixty (60) days; (c) any lapse, cancellation or material modification of any insurance policy maintained by the Association; or (d) any proposed action requiring the consent of a specified percentage of Eligible Holders. 12.2 Other Provisions for First Lien Holders. To the extent possible under Washington law: 12.2.1 Any restoration or repair of the Property after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance with this Declaration and the original plans and specifications unless the approval is obtained of the Eligible Holders of First Mortgages on Lots to which at least fifty-one percent (51 %) of the votes of Lots subject to Mortgages held by such Eligible Holders are allocated. 12.2.2 Any election to terminate the Association after substantial destruction or a substantial taking in condemnation shall require the approval of the Eligible Holders of first Mortgages on Lots to which at least fifty-one percent (51 %) of the votes of Lots subject to Mortgages held by such Eligible Holders are allocated. 12.3 Amendments to Documents. The following provisions do not apply to amendments to the constituent documents or termination of the Association made as a result of destruction, damage or condemnation as provided herein. 12.3.1 Except as specifically otherwise set forth in this Declaration, the consent of at least sixty-seven percent (67%) of the Class "A" votes and of Declarant, so long as it owns any land subject to this Declaration, and the approval of the Eligible Holders of first Mortgages on Lots to which at least sixty-seven percent (67%) of the votes of Lots subject to a Mortgage held by an Eligible Holder appertain, shall be required to terminate the Association. 12.3.2 The consent of at least sixty-seven percent (67%) of the Class "A" votes and of Declarant, so long as it owns any land subject to this Declaration, and the approval of Eligible Holders of first Mortgages on Lots to which at least fifty-one percent (51 %) of the votes of Lots subject to a Mortgage held by an Eligible Holder appertain, shall be required materially to amend any provisions of the Declaration, Bylaws or DECLARATION OF CIMARRON TOWNHOMES 30 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 Articles, or to add any material provisions thereto which establish, provide for, govern or regulate any of the following: Area; (a) voting; (b) Assessments, Assessment liens or subordination of such liens; (c) reserves for maintenance, repair and replacement of the Common (d) insurance or fidelity bonds; (e) rights to use the Common Area; (f) responsibility for maintenance and repair of the Property; (g) expansion or contraction of the Property; (h) boundaries of any Lot; (i) leasing of Lots; U) imposition of any right of first refusal or similar restriction of the right of any Owner to sell, transfer or otherwise convey their Lot; (k) establishment of self-management by the Association where professional management has been required by an Eligible Holder; or (I) any provisions included in the Declaration, Bylaws or Articles which are for the express benefit of holders, guarantors or insurers of first Mortgages on Lots. 12.4 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area. 12.5 Notice to Association. Upon request each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 12.6 Amendment by Board. Should the Federal National Mortgage Association ("Fannie Mae"), the Veterans Administration ("VA"), the Department of Housing and Urban Development ("HUD") or Freddie Mac subsequently delete any of its respective requirements which necessitate the provisions of this Article or make any such DECLARATION OF CIMARRON TOWNHOMES 31 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 requirements less stringent, the Board, without approval of the Owners, may record an amendment to this Article to reflect such changes. 12.7 Applicability of Article 12. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws or Washington law for any of the acts set out in this Article. 12.8 Failure of Mortgagee to Respond. Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within sixty (60) days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested. ARTICLE 13 DECLARANT'S RIGHTS Any or all rights and obligations of Declarant may be transferred to other Persons, but the transfer shall not reduce an obligation nor enlarge a right beyond that contained in this Declaration or the Bylaws, and shall not be effective unless signed by Declarant and duly recorded in the public records of King County, Washington. So long as Declarant owns any property described in Exhibit A for development and/or sale, Declarant hereby reserves a nonexclusive perpetual easement for the benefit of Declarant, builders authorized by Declarant, and its designees to maintain and carry on upon the Property such facilities and activities as Declarant considers reasonably required, convenient or incidental to the construction or sale of Lots, including but not limited to business offices, signs, model Lots, sales offices and the right to use Lots owned by Declarant or its designees as models and sales offices. So long as Declarant continues to have rights under this Article, no Person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Property without Declarant's written consent. Any attempted recordation without compliance herewith shall result in such instrument being void, unless a consent of Declarant is subsequently recorded in the public records. ARTICLE 14 DISPUTE RESOLUTION AND LIMITATION ON LITIGATION 14.1 Agreement to Avoid Costs of Litigation and to Limit Right to Litigate Disputes. The Association, Declarant, all Persons subject to this Declaration, and any Person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, "Bound Parties") agree to encourage the amicable resolution of disputes involving the Property, and to avoid the emotional and financial costs of litigation if at all DECLARATION OF CIMARRON TOWNHOMES 32 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 possible. Accordingly, each Bound Party covenants and agrees that all claims, grievances or disputes between such Bound Party and any other Bound Party involving the Property, including without limitation claims, grievances or disputes arising out of or relating to the interpretation, application or enforcement of this Declaration, the Bylaws, the Association rules or the Articles ( collectively "Claim"), except for those Claims authorized in Section 14.2, shall be resolved using the procedures set forth in Section 14.3 in lieu of filing suit in any court or initiating proceedings before any administrative tribunal seeking redress or resolution of such Claim. 14.2 Exempt Claims. The following Claims ("Exempt Claims" shall be exempt from the provisions of Section 14.3: (a) any suit by the Association against any Bound Party to enforce the provisions of Article 9; (b) any suit by the Association to obtain a temporary restraining order ( or equivalent emergency equitable relief) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of Article 9, Article 10 and the Use Guidelines and Restrictions and rules of the Association; (c) any suit between Owners (other than Declarant) seeking to redress on the basis of a Claim which would constitute a cause of action under the laws of the state of Washington in the absence of a claim based on the Declaration, Bylaws, Articles or rules of the Association; (d) any suit by the Association in which similar or identical Claims are asserted against more than one Bound Party; and ( e) any suit by a Bound Party for declaratory or injunctive relief which seeks a determination as to applicability, clarification or interpretation of any provision of this Declaration. Any Bound Party having an Exempt Claim may submit it to the alternative dispute resolution procedures set forth in Section 14.3, but there shall be no obligation to do so. The submission of an Exempt Claim involving the Association to the alternative dispute resolution procedures of Section 14.3 shall require the approval of the Association. 14.3 Mandatory Procedures for All Other Claims. All Claims other than Exempt Claims shall be resolved using the following procedures: 14.3.1 Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent"), other than an Exempt Claim, shall notify each Respondent in writing of the Claim (the "Notice"), stating plainly and concisely: DECLARATION OF CIMARRON TOWNHOMES 33 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 (a) The nature of the Claim, including date, time, location, persons involved and Respondent's role in the Claim; (b) The basis of the Claim (i.e., the prov1s1ons of this Declaration, the Bylaws, the Articles or rules or other authority out of which the Claim arises); (c) What Claimant wants Respondent to do or not do to resolve the Claim; and (d) That Claimant wishes to resolve the Claim by mutual agreement with Respondent and is willing to meet in person with Respondent at a mutually agreeable time and place to discuss in good faith ways to resolve the Claim. 14.3.2 Negotiation. (a) Each Claimant and Respondent (the "Parties") shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. (b) Upon receipt of a written request from any Party, accompanied by a copy of the Notice, the Board may appoint a representative to assist the parties in resolving the dispute by negotiation, if in its discretion it believes its efforts will be beneficial to the parties and to the welfare of the Community. 14.3.3 Mediation. (a) If the Parties do not resolve the Claim through negotiation within thirty (30) days of the date of the Notice (or within such other period as may be agreed upon by the Parties) (''Termination of Negotiations"), Claimant shall have thirty (30) additional days within which to submit the Claim to mediation under the auspices of the King County Dispute Resolution Center, or such other independent agency providing similar services upon which the parties may mutually agree. (b) If Claimant does not submit the Claim to mediation within thirty (30) days after Termination of Negotiations, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons not a party to the foregoing proceedings. DECLARATION OF CIMARRON TOWNHOMES 34 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 (c) If the Parties do not settle the Claim within thirty (30) days after submission of the matter to the mediation process, or within such time as determined reasonable or appropriate by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth when and where the Parties met, that the Parties are at an impasse, and the date that mediation was terminated. (d) Each Party shall, within five (5) days of the Termination of Mediation, make a written offer of settlement in an effort to resolve the Claim. The Claimant shall make a final written settlement demand ("Settlement Demand") to the Respondent. The Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute the Settlement Demand. If the Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer. 14.3.4 Final and Binding Arbitration. (a) If the Parties do not agree in writing to accept either the Settlement Demand, the Settlement Offer or otherwise resolve the Claim within fifteen (15) days of the Termination of Mediation, the Claimant shall have fifteen (15) additional days to submit the Claim to arbitration in accordance with the Rules of Arbitration of the American Arbitration Association or the Claim shall be deemed abandoned, and Respondent shall be released and discharged from any and all liability to Claimant arising out of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons not a party to the foregoing proceedings. (b) This Section 14.3.4 is an agreement of the Bound Parties to arbitrate all Claims except Exempt Claims and is specifically enforceable under the applicable arbitration laws of the state of Washington. The arbitration award (the "Award") shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under the laws of the state of Washington. 14.4 Allocation of Costs of Resolving Claims. 14.1.1 Each Party shall bear its own costs incurred prior to and during the proceedings described in Sections 14.3.1, 14.3.2 and 14.3.3, including the fees of its attorney or other representative. Each Party shall share equally all charges rendered by the mediator(s) pursuant to Section 14.3.3. DECLARATION OF CIMARRON TOWNHOMES 35 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 14.4.2 Each Party shall bear its own costs (including the fees of its attorney or other representative) incurred after the Termination of Mediation under Section 14.3.3 and shall share equally in the costs of conducting the arbitration proceeding (collectively, "Post Mediation Costs"), except as otherwise provided in Section 14.4.3. 14.4.3 Any Award which is equal to or more favorable to Claimant than Claimant's Settlement Demand shall add such Claimant's Post Mediation Costs to the Award, such Costs to be borne equally by all Respondents. Any Award which is equal to or less favorable to Claimant than Respondent's Settlement Offer to that Claimant shall also award to such Respondent its Post Mediation Costs, such Costs to be borne by all such Claimants. 14.5 Enforcement of Resolution. If the Parties agree to resolve any Claim through negotiation or mediation in accordance with Section 14.3 and any Party thereafter fails to abide by the terms of such agreement, or if the Parties agree to accept the Award following arbitration and any Party thereafter fails to comply with such Award, then any other Party may file suit or initiate administrative proceedings to enforce such agreement or Award without the need to again comply with the procedures set forth in Section 14.3. In such event, the Party taking action to enforce the agreement or Award shall be entitled to recover from the non-complying Party (or if more than one non- complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement or Award, including without limitation attorneys' fees and court costs. ARTICLE 15 GENERAL PROVISIONS 15.1 Term. This Declaration shall run with and bind the Property, and shall inure to the benefit of and shall be enforceable by the Declarant, the Association and the Owners, their respective representatives, heirs, successors and assigns, perpetually, to the extent allowed by law. 15.2 Amendment. 15.2.1 By Declarant. Declarant may unilaterally amend this Declaration if such amendment is necessary to (a) bring any provision into compliance with any applicable government statute or regulation or judicial determination; (b) enable any reputable title insurance company to issue title insurance coverage on the Lots; (c) enable any institution or government agency to make or purchase mortgage loans on the Lots, including, but not limited to, Fannie Mae, the Veterans Administration ("VA"), and the Federal Housing Administration ("FHA" or "HUD"); (d) enable any government agency or reputable private insurance company to insure or guarantee Mortgage loans on the Lots, including, but not limited to, Fannie Mae, the Veterans Administration ("VA"), and the Federal Housing Administration ("FHA" or "HUD"); (e) otherwise satisfy the requirements of any government agency or governmental regulations. However, DECLARATION OF CIMARRON TOWNHOMES 36 F:\MBS\Conner Homes Group\Cimarron\Deciaration 5.docx 3/31/2014 (jjf) #210061.014 any such amendment shall not adversely affect the title to any Lot without the written consent of its Owner, or (f) correct any errors in this Declaration. Also, so long as Declarant owns Property described in Exhibit A for development as part of the Property, it may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse affect upon any substantive right of any Owner and does not adversely affect the title to any Lot without the written consent of its Owners. Finally, if the Association and/or its Board or members has a responsibility under this Declaration, its bylaws, the RMC, or a deed, the Association and/or its Board or members may not delegate or eliminate that responsibility without prior written approval of entity assuming that responsibility. 15.2.2 By Owners. This Declaration may also be amended by the affirmative vote or written consent, or any combination thereof, of sixty-seven percent (67%) of the Class "A" votes held by Members other than Declarant, and, so long as Declarant owns any Property described in Exhibit A for development or sale as part of the Property, with written consent of Declarant. In addition, the approval requirements set forth in Article 12 hereof shall be met if applicable. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Amendments must be recorded in the public records of King County, Washington. If an Owner consents to any Amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority so to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. No Amendment may remove, revoke or modify any right or privilege of Declarant without written consent of Declarant. 15.3 Severability. Invalidation of any provision or application of a provision of this Declaration by any court shall not affect any other provisions or applications. 15.4 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least sixty-seven percent (67%) of the total Association vote. This Section shall not apply, however, to actions brought by the Association to (a) enforce this Declaration (including without limitation the foreclosure of liens); (b) impose and collect Assessments under Article 8; (c) challenge tax Assessments and other matters relating to taxes for which the Association may be liable; or (d) counterclaims by the Association in proceedings instituted against it. DECLARATION OF CIMARRON TOWNHOMES 37 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 ijjf) #210061.014 15.5 Compliance. Every Owner and occupant of any Lot shall comply with this Declaration, the Bylaws and the rules of the Association and shall be subject to all remedies provided to the Association in this Declaration or the Bylaws. In addition, failure to comply shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law, or in equity, by the Association or by any aggrieved Owners. 15.6 Notice of Sale or Transfer of Title. Any Owner selling or otherwise transferring title to their Lot shall give the Board at least seven (7) days' prior written notice of the name and address of the transferee, the date of such transfer of title, and such other information as the Board may reasonably require. Each transferee of a Lot shall, within seven (7) days of taking title to a Lot, confirm that the information previously provided by the transferor is complete and accurate. The transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Lot coming due prior to the date upon which such notice is received by the Board, including Assessment obligations, notwithstanding the transfer of title to the Lot. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this day of , 2014. DECLARATION OF CIMARRON TOWNHOMES By: DECLARANT: BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company [Print Name] Its: Authorized Agent 38 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) certify that know or have satisfactory evidence that ______________ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Authorized Agent of BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. Dated: __________ ,, 2014. (SEAL/STAMP) DECLARATION OF CIMARRON TOWNHOMES [Print Name] NOTARY PUBLIC for the state of Washington Residing at ____________ _ My appointment expires: _______ _ 39 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 EXHIBIT A Legal Description Lot 2, King County Short Plat No. 675015, recorded under Recording No. 7509050645, in King County, Washington. Lot 3, King County Short Plat No. 675015, recorded under Recording No. 7509050645, in King County, Washington. DECLARATION OF CIMARRON TOWNHOMES 40 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 MATTHEW B. STRAIGHT OSERAN HAHN SPRING STRAIGHT & WATTS PS 10900 NE 4TH Street SUITE 1430 BELLEVUE, WA 98004 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CIMARRON TOWNHOMES Declarant: BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company Legal Description: Lot 2 KC S.P. #675015, Rec. No. 709050645 Lot 3 KC S.P. #675015, Rec. No.709050645 King County, Washington. Additional legal description on Page 40 of document. Tax Parcel No(s).: 152305-9035-01 and 152305-9193-09 'p ,. ",<0/,c· 81'J/1 ",. -L!/:,'i,. TABLE OF CONTENTS ARTICLE 1 -DEFINITIONS ............................................................................................ 1 ARTICLE 2 -MEMBERSHIP AND VOTING RIGHTS ..................................................... 3 2.1 Membership ................................................................................................. 3 2.2 Voting .......................................................................................................... 4 ARTICLE 3 -RIGHTS AND OBLIGATIONS OF THE ASSOCIATION ............................ 4 3.1 Common Area ............................................................................................. 4 3.2 Common Area Property Rights .................................................................... 4 3.3 Rules ........................................................................................................... 5 3.4 Enforcement ................................................................................................ 5 3.5 Rights .......................................................................................................... 5 3.6 Indemnification ............................................................................................ 5 3.7 Dedication of Common Area ........................................................................ 6 3.8 Security ........................................................................................................ 6 3.9 Utility Lines .................................................................................................. 6 ARTICLE 4 -MAINTENANCE ......................................................................................... 7 4.1 Association's Responsibility ......................................................................... 7 4.2 Owner's Responsibility ................................................................................ 8 4.3 Private Drainage Easements ....................................................................... 8 4.4 Private Road and Utilities Easements ....................................................... 10 4.5 Party Walls. Party Roofs and Party Exteriors ............................................ 11 4.6 Standards of Performance ......................................................................... 12 ARTICLE 5 -INSURANCE AND CASUAL TY LOSSES ................................................ 12 5.1 Association Insurance ............................................................................... 12 5.2 Damage and Destruction ........................................................................... 14 5.3 Disbursement of Proceeds ........................................................................ 15 5.4 Repair and Reconstruction ........................................................................ 15 ARTICLE 6 -NO PARTITION ....................................................................................... 15 ARTICLE 7 -CONDEMNATION ................................................................................... 15 ARTICLE 8 -ASSESSMENTS ...................................................................................... 16 8.1 Creation of Assessments ........................................................................... 16 8.2 Budget Approval and Computation of Base Assessment .......................... 17 8.3 Reserve Budget and Capital Contribution .................................................. 18 8.4 Special Assessments ................................................................................ 18 DECLARATION OF CIMARRON TOWNHOMES i F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 8.5 Specific Assessments ................................................................................ 18 8.6 Lien for Assessments ................................................................................ 18 8.7 Date of Commencement of Assessments .................................................. 19 8.8 Failure to Assess ....................................................................................... 19 8.9 Capitalization of Association ...................................................................... 19 8.10 Exempt Property ........................................................................................ 19 ARTICLE 9 -ARCHITECTURAL STANDARDS ............................................................ 20 9.1 General ........................................................................................................ 20 9.2 Architectural Review .................................................................................... 20 9.3 Guidelines and Procedures ......................................................................... 21 9.4 No Waiver of Future Approvals .................................................................... 21 9.5 Variances ..................................................................................................... 21 9.6 Limitation of Liability .................................................................................... 21 9. 7 Enforcement ................................................................................................ 22 ARTICLE 10 -USE GUIDELINES AND RESTRICTIONS ............................................. 22 10.1 Plan of Development: Applicability: Effect. ................................................ 22 10.2 Board Power .............................................................................................. 23 10.3 Members' Power ........................................................................................ 23 10.4 Owners' Acknowledgment ......................................................................... 23 10.5 Rights of Owners ....................................................................................... 24 10.6 Initial Use Guidelines and Restrictions ...................................................... 25 ARTICLE 11 -EASEMENTS ......................................................................................... 28 11.1 Easements of Encroachment.. ................................................................... 28 11.2 Easements for Utilities. Etc ........................................................................ 28 11.3 Easement for Emergency .......................................................................... 28 11.4 Easements for Maintenance and Enforcement. ......................................... 29 ARTICLE 12 -MORTGAGEE PROVISIONS ................................................................ 29 12 .1 Notices of Action ........................................................................................ 29 12.2 Other Provisions for First Lien Holders ...................................................... 30 12.3 Amendments to Documents ...................................................................... 30 12.4 No Priority .................................................................................................. 31 12.5 Notice to Association ................................................................................. 31 12.6 Amendment by Board ................................................................................ 31 12.7 Applicability of Article 12 ............................................................................ 32 12.8 Failure of Mortgagee to Respond .............................................................. 32 ARTICLE 13 -DECLARANT'S RIGHTS ........................................................................ 32 DECLARATION OF CIMARRON TOWNHOMES ii F:\MBS\Conner Homes Group\Cimarron\Deciaration 5.docx 3/31/2014 (jjf) #210061.014 ARTICLE 14-DISPUTE RESOLUTION AND LIMITATION ON LITIGATION .............. 32 14.1 Agreement to Avoid Costs of Litigation and to Limit Right to Litigate Disputes ........................................................................................ 32 14.2 Exempt Claims .......................................................................................... 33 14.3 Mandatory Procedures for All Other Claims .............................................. 33 14.4 Allocation of Costs of Resolving Claims .................................................... 35 14.5 Enforcement of Resolution ........................................................................ 36 ARTICLE 15 -GENERAL PROVISIONS ....................................................................... 36 15.1 Term .......................................................................................................... 36 15.2 Amendment ............................................................................................... 36 15.3 Severability ................................................................................................ 37 15.4 Litigation .................................................................................................... 37 15.5 Compliance ................................................................................................ 38 15.6 Notice of Sale or Transfer of Title .............................................................. 38 EXHIBIT A .......................................................................................................... 40 DECLARATION OF CIMARRON TOWNHOMES iii F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Ujf) #210061.014 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CIMARRON TOWNHOMES THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this day of , 2014, by BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company ("Declarant"). Declarant is the owner of the real property described in Exhibit A attached hereto and incorporated herein by reference. Declarant intends by this Declaration to (a) impose upon the Property mutually beneficial restrictions under a general plan of improvement for the benefit of all owners of such property; (b) provide a flexible and reasonable procedure for the overall development of the Property; (c) establish a method for the administration, maintenance, preservation, use and enjoyment of the Property; ( d) create easements, covenants, conditions and restrictions to protect the value and desirability of the real property subject to this Declaration; and (e) establish a Homeowners Association, to be known as CIMARRON COMMUNITY ASSOCIATION. Declarant hereby declares that the Property shall be held, sold, used and conveyed subject to the provisions of this Declaration, which are for the purpose of protecting the value and desirability of and which shall run with title to the Property. This Declaration shall be binding on all parties having any interest in the Property, their heirs, successors and assigns, and shall inure to the benefit of each Owner. ARTICLE 1 DEFINITIONS 1.1 "Areas of Common Responsibility". The Common Area and the portions of Lots and other areas, if any, which shall be the responsibility of the Association to maintain, including but not limited to, the following: (a) the entry monument sign area located on Lot 1, (b) the perimeter fences along the boundaries of the Property, (c) the planter strip located along Bremerton Avenue, (d) the driveway, recreation area and related improvements located on Tract A, (e) the planting areas located along the north and south boundaries of the Property, (f) certain planting areas located in the front yards of Lots, (g) the rockery located on the east side of the Property, and (h) the public pedestrian access easement located within Tract A between Lot 7 and Lot 20, and continuing across Lots 13, 14 and 15. 1.2 "Articles". The Articles of Incorporation of CIMARRON COMMUNITY ASSOCIATION filed with the Secretary of State of the state of Washington. 1.3 "Association". CIMARRON COMMUNITY ASSOCIATION, its successors or assigns. DECLARATION OF CIMARRON TOWNHOMES F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 1.4 "Base Assessment". Assessments levied on all Lots subject to assessment under Article 8 to fund Common Expenses for the general benefit of all Lots, as more particularly described in Sections 8.1 and 8.2. 1.5 "Board of Directors" or "Board". The body responsible for administering the Association, selected as provided in the Bylaws and serving as the Board of Directors under Washington corporate law. 1.6 "Bylaws". The Bylaws of the Association, as they may be amended. 1.7 "Cimarron Townhomes". The development comprised of all property subjected to this Declaration. 1.8 "Class "B" Control Period". The period during which the Class "B" Member is entitled to appoint a majority of the Board members under Section 3.2 of the Bylaws. 1.9 "Common Expenses". The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, all as may be found necessary and appropriate by the Board under this Declaration, the Bylaws and the Articles of the Association. Common Expenses include but are not limited to real estate taxes and similar charges for Common Areas. 1.10 "Common Areas". The Common Areas are portions of the Property owned and maintained by the Association for the benefit of all Owners as described herein. Tract A is the only Common Area located in the Property. Tract A contains an underground storm water detention vault, a driveway providing access to Lot 7, and an open space/recreation area with a small tot lot. Declarant, on its sole signature, may amend the Declaration to include additional Common Areas to be incorporated into CIMARRON TOWNHOMES and subjected to this Declaration as provided for herein. 1.11 "Community-Wide Standards". Standards of conduct, maintenance or other activity generally prevailing throughout the Property. Such standards may be more specifically determined by the Board and the Architectural Control Committee. 1.12 "Declarant". BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company, and its (a) successor by merger or consolidation, (b) successor-in-title, or (c) assignee, provided any such successor-in-title or assignee shall own or acquire for the purpose of development or sale all or any portion of the remaining unsold portions of the real property described in the attached Exhibit A; and provided further, in the instrument of conveyance to any such successor-in-title, such successor-in-title or assignee is designated as "Declarant" hereunder by the grantor of such conveyance or assignor, as the case may be, such grantor or assignor shall be the "Declarant" under this Declaration at the time of such conveyance or assignment; and DECLARATION OF CIMARRON TOWNHOMES 2 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Ujf) #210061.014 provided further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" under this Declaration shall cease, it being understood that as to all of the property described in Exhibit A, which is now or hereafter subjected to this Declaration, there shall be only one ( 1) "Declarant" hereunder at any one point in time. 1.13 "Lot". Any contiguous portion of the Property, whether improved or unimproved, other than Common Area and property dedicated to the public, which may be independently owned, conveyed, developed and used as a detached residence for a single family. The term shall refer to the land, if any, which is part of the Lot as well as any improvements thereon. The Property consists of twenty-six (26) Lots, all of which are shown on the Plat Map. 1.14 "Member". A person entitled to membership in the Association. 1.15 "Mortgage". Any mortgage, deed of trust or similar instrument used for the purpose of encumbering the Property as security for the payment or satisfaction of an obligation. 1.16 "Mortgagee". The holder of a Mortgage. 1.17 "Owner". One or more Persons who hold the record title to any Lot, except persons holding an interest merely as security for the performance of an obligation, in which case the equitable owner will be considered the Owner. Unless a recorded contract of sale specifically provides otherwise, the purchaser (rather than the fee owner) will be considered the Owner. 1.18 "Person". A natural person, corporation, partnership, trustee or any other legal entity. 1.19 "Plat Map". The recorded subdivision map for _________ _ 1.20 "Property". The real property described in Exhibit A. 1.21 "Special Assessments". All Assessments levied under Section 9.4. 1.22 "Specific Assessments". All Assessments levied under Section 9.5. ARTICLE 2 MEMBERSHIP AND VOTING RIGHTS 2.1 Membership. Every Owner shall have a membership in the Association. No Owner shall have more than one membership per Lot owned. If a Lot is owned by more than one Person, all co-Owners shall be entitled to the privileges of membership, subject to the restrictions on voting set forth in Section 2.2 and in the Bylaws. All DECLARATION OF CIMARRON TOWNHOMES 3 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners hereunder. The membership rights of an Owner who is a natural person may be exercised by the Member or the Member's spouse. The membership rights of an Owner which is a corporation, partnership or other legal entity may be exercised only by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association. 2.2 Voting. The Association shall have two (2) classes of membership, Class "A" and Class "B". 2.2.1 Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Each Class "A" Member shall have one ( 1) equal vote for each Lot in which he or she holds the interest required for membership under Section 2.1. There shall be only one (1) vote per Lot. In any situation where there is more than one Owner of a particular Lot, the vote for such Lot shall be exercised as such co- Owners determine among themselves and advise the Secretary of the Association in writing prior to any meeting. Absent such advice, the Lot's vote shall be suspended if more than one Person seeks to exercise it. 2.2.2 Class "B". The sole Class "B" Member shall be Declarant. The rights of the Class "B" Member are specified elsewhere in the Articles, Declaration and Bylaws. The Class "B" Member may appoint a majority of the Board members during the Class "B" Control Period, as specified in Section 3.2 of the Bylaws. The Class "B" membership shall terminate and convert to Class "A" membership upon the earlier of (a) five (5) years after expiration of the Class "B" Control Period; or (b) when, in its discretion, Declarant so determines and declares in a recorded instrument. ARTICLE 3 RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 3.1 Common Area. The Association, subject to the rights of the Owners set forth in this Declaration, shall manage and control the Common Area and all improvements thereon and shall keep it in good, clean, attractive, safe, secure and sanitary condition, order and repair under the terms and conditions of this Declaration and consistent with the requirements of the City of Renton. It is anticipated that the underground storm water detention vault will be maintained by the City of Renton. 3.2 Common Area Property Rights. Every Owner shall have a right and nonexclusive easement of use, access and enjoyment in and to the Common Area, subject to the following: (a) this Declaration, any other applicable covenants, and the terms of any deed conveying such property to the Association; (b) the right of the Board to adopt rules regulating the use and enjoyment of the Common Area, including rules limiting the number of guests; and (c) the right of the Board to suspend an Owner's right to use recreational facilities within the Common Area (i) for any period during which any charge, including Assessments, against such Owner's Lot remains delinquent, and/or DECLARATION OF CIMARRON TOWNHOMES 4 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 (ii) for a period not exceeding thirty (30) days for a single violation, or for a longer period in the case of any continuing violation, of the Declaration, the Bylaws or rules of the Association after notice and a hearing under the Bylaws. Any Owner may extend their right of use and enjoyment to the Members of their family, lessees and social invitees, as applicable, subject to rules of the Board. An Owner who leases their Lot shall be deemed to have assigned all such rights to the lessee. 3.3 Rules. The Association, through its Board, may make, modify and enforce reasonable rules governing the use of the Property, consistent with the rights and duties established by this Declaration, as provided in Article 10. Such rules shall bind all Owners, occupants, invitees and licensees until and unless repealed or modified in a regular or special meeting of the Association by the vote of sixty-seven percent (67%) of the total Class "A" votes and, so long as such membership exists, by the Class "B" Member. 3.4 Enforcement. The Association may impose sanctions for violations of this Declaration, the Bylaws or rules, including without limitation reasonable monetary fines, suspension of voting rights and the right to use any recreational facilities within the Common Area. In addition, under the Bylaws, the Association may exercise self-help remedies to cure violations and may suspend any services it provides to the Lot of any Owner thirty (30) days or more delinquent in paying any Assessment or other charge due to the Association. The Board may seek relief in any court for violations or to abate nuisances. Board actions to impose or seek sanctions shall be governed by the Bylaws. 3.5 Rights. The Association may exercise any right or privilege given to it expressly by this Declaration or the Bylaws, or which may be reasonably implied from, or reasonably necessary to effectuate, any such right or privilege. 3.6 Indemnification. The Association, to the fullest extent allowed by law, shall indemnify every officer, director and committee member against all expenses, including counsel fees, reasonably incurred by or imposed upon such officer, director or committee member in connection with any action, suit or other proceeding (including settlement of any suit or proceeding, if approved by the Board) to which he or she may be a party by reason of being or having been an officer, director or committee member. The officers, directors and committee members shall not be liable for any mistake of judgment, except for their own individual misfeasance, malfeasance, misconduct or bad faith, and shall have no personal liability to third parties with respect to any contract or action taken by them in good faith on behalf of the Association. The Association shall indemnify and hold each such officer, director and committee member harmless against all liability to others on account of any such contract, commitment or action. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any present or former officer, director or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and DECLARATION OF CIMARRON TOWNHOMES 5 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 ijjf) #210061.014 officers and directors liability insurance to fund this obligation, if such insurance is reasonably available. 3.7 Dedication of Common Area. The Association, by Board resolution, may dedicate or grant easements over or under portions of the Common Area on behalf of the Owners to any local, state or federal government entity, public utility or private party when such conveyance is consistent with the requirements of the City of Renton or other applicable jurisdiction for the development of the Property, or Declarant's master plan for the development of the Property. However, under no circumstances shall such dedication be made, lawful or change possessory or maintenance responsibilities without the written approval of the City of Renton. 3.8 Security. Neither the Association, Declarant nor any successor Declarant shall in any way be considered insurers or guarantors of security within the Property. Neither the Association, Declarant nor any successor Declarant shall be held liable for any loss or damage for failure to provide adequate security or ineffectiveness of security measures undertaken. All Owners and occupants of any Lot, and all tenants, guests and invitees of any Owner, acknowledge that the Association and its Board, Declarant, any successor Declarant, and the ACC represent or warrant that any fire protection system, burglar alarm system or other security system designated by or installed according to guidelines established by Declarant or the ACC may not be compromised or circumvented; nor that any fire protection or burglar alarm system or other security systems will prevent loss by fire, smoke, burglary, theft, holdup or otherwise; nor that fire protection or burglar alarm systems or other security systems will in all cases provide the detection or protection for which the system is designed or intended. All Owners and occupants of any Lot, and all tenants, guests and invitees of any Owner acknowledge and understand that the Association, its Board, committees, Declarant or any successor Declarant are not insurers. All Owners and occupants of any Lot and all tenants, guests and invitees of any Owner assume all risks for loss or damage to persons, to Lots and to the contents of Lots, and further acknowledge that the Association, its Board, committees, Declarant or any successor Declarant have made no representations or warranties, nor has any Owner, occupant or any tenant, guest or invitee of any Owner relied upon any representations or warranties, expressed or implied, including any warranty of merchantability or fitness for any particular purpose relative to any fire and/or burglar alarm systems or other security systems recommended or installed or any security measures undertaken within the Property. 3.9 Utility Lines. Each Owner, occupant, guest and invitee acknowledges that neither the Association, the Board nor Declarant shall in any way be considered insurers or guarantors of health within the Property, and neither the Association, the Board nor Declarant shall be held liable for any personal injury, illness or any other loss or damage caused by the presence or malfunction of utility lines adjacent to, near, over or on the Property. Each Owner, occupant, guest and invitee assumes all risk of personal injury, illness or other loss or damage arising from the presence of utility lines, DECLARATION OF CIMARRON TOWNHOMES 6 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 and further acknowledges that neither Declarant nor the Association has made any warranties, nor has any Owner, occupant, guest or invitee relied upon any representations or warranties, expressed or implied, relative to the condition or impact of utility lines or utility substations. ARTICLE 4 MAINTENANCE 4.1 Association's Responsibility. The Association shall maintain and keep in good repair the Areas of Common Responsibility, which shall include but need not be limited to: (a) any Common Area, including the underground storm water detention vault and related facilities located in Tract A (until the City of Renton, in writing, assumes responsibility for the maintenance thereof); (b) any contract, easement or agreement for maintenance thereof entered into by either the Association or Declarant, on behalf of the Association, to be included within any Areas of Common Responsibility, if any; Notwithstanding the foregoing, at any time after two (2) years following the recording of this Declaration, the Board may elect to require the front yard planting areas described in Section 1 (f). Except as provided above, the Area of Common Responsibility shall not be reduced by Amendment of this Declaration or any other means without prior written approval of Declarant so long as Declarant owns any property subject to the Declaration. The Association shall be relieved of its responsibilities under this Section to the extent they are assumed, in writing, by the City of Renton or any other local, state or federal government entity, except that the Association may provide any additional maintenance for the Area of Common Responsibility transferred to any such government entity, if the Board determines that such additional maintenance is necessary or desirable to maintain the Community-Wide Standards. The Association may also maintain other property which it does not own, including property dedicated to the public, if the Board determines that such maintenance is necessary or desirable to maintain the Community-Wide Standards. Except as otherwise specifically provided, all costs for maintenance, repair and replacement of the Area of Common Responsibility shall be a Common Expense allocated among all Lots as part of the Base Assessment without prejudice to the Association's right to seek reimbursement from Persons responsible for such work. DECLARATION OF CIMARRON TOWNHOMES 7 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 4.2 Owner's Responsibility. Except as otherwise set forth in the Declaration, each Owner shall maintain their Lot, including without limitation all structures, fencing, yard drains, drainage, landscaping, parking areas and other improvements comprising the Lot consistent with the Community-Wide Standards and all applicable covenants, unless such maintenance responsibility is assumed by or assigned to the Association. In addition to any other enforcement rights, if any Owner fails to properly maintain their Lot, the Association may perform such maintenance and assess the costs against the Lot and the Owner under Article 9; provided, that the Association shall give the Owner reasonable notice and an opportunity to perform such maintenance, unless the Board determines that maintenance is needed on an emergency basis. 4.2.1 Slope Maintenance. Each Lot Owner must maintain and shall not modify the slope grades of their Lot from the original grade and condition installed by Declarant. Likewise, each Lot Owner must maintain and shall not modify any of the original landscaping on any such slopes installed by Declarant. If Lot Owners fail to do so, the Association shall perform all slope work necessary to maintain slope grades of Lots and will assess the costs of such maintenance against the Lot and the Owner as provided herein. No Lot Owner may modify or alter in any way the natural water drainage from or across their Lot in a manner which would impair or prevent water drainage into the water drainage conveyance systems internal to all Lots. 4.2.2 Fences and Irrigation. (a) Fences. All fences in Units that abut roads, rights of way or Association owned parks will be maintained and repaired by the Association. All expenses of maintaining and repairing any fence located between two (2) Units shall be shared equally by the two (2) Units located on either side of such fence. Fences located along a Unit boundary with a Unit on one side and either (a) green space or property which is not part of the Condominium, or (b) an interior roadway within the Condominium on the other side shall be maintained and expenses paid by the Unit Owner. (b) Irrigation. The irrigation system for Common Areas and for the front yards of Owners' Lots shall be separately metered and maintained by the Association. The cost of irrigation expenses for the Common Areas and for the front yards of Owners' Lots shall be paid by the Association as an Association expense. 4.3 Private Drainage Easements and Maintenance of Private Drainage Facilities. The Plat for the Property establishes a number of private drainage easements over Lots for the benefit of specific Lots. All of the private drainage easements are shown on the Plat Map. The Lots benefitted by any such private drainage easements, and the Lots Owners responsible to maintain the private drainage facilities located therein are as follows: DECLARATION OF CIMARRON TOWNHOMES 8 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 4.3.1 The ten (10) foot private drainage easement located on Lot 3 is for the benefit of Lots 1 and 2. The Owners of Lots 1, 2 and 3 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1, 2 and 3. 4.3.2 The ten (10) foot private drainage easement located on Lot 4 is for the benefit of Lots 1, 2 and 3. The Owners of Lots 1 through 4 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1 through 4. 4.3.3 The ten (10) foot private drainage easement located on Lot 5 is for the benefit of Lots 1 through 4. The Owners of Lots 1 through 5 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1 through 5. 4.3.4 The ten (10) foot private drainage easement located on Lot 6 is for the benefit of Lots 1 through 5. The Owners of Lots 1 through 6 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1 through 6. 4.3.5 The ten (10) foot private drainage easement located on Lot 8 is for the benefit of Lot 7. The Owners of Lots 7 and 8 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally between the Owners of Lots 7 and 8. 4.3.6 The ten (10) foot private drainage easement located on Lot 9 is for the benefit of Lot 10. The Owners of Lots 9 and 1 Oare jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally between the Owners of Lots 9 and 10. 4.3.7 The ten (10) foot private drainage easement located on Lot 20 is for the benefit of Lot 19 and Lots 21 through 24. The Owners of Lots 19 through 26 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 19 through 26. 4.3.8 The five (5) foot private drainage easement located on Lot 20 is for the benefit of Lot 19. The Owner of Lots 19 is responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be paid by the Owner of Lot 19. DECLARATION OF CIMARRON TOWNHOMES 9 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 4.3.9 The ten (10) foot private drainage easement located on Lot 23 is for the benefit of Lots 21, 22, and Lots 24 through 26. The Owners of Lots 19 through 26 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 19 through 26. 4.3.10 The five (5) foot private drainage easement located on Lot 23 is for the benefit of Lot 21. The Owner of Lot 21 is responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be paid by the Owner of Lot 21. 4.3.11 The ten (10) foot private drainage easement located on Lot 24 is for the benefit of Lots 21, 25 and 26. The Owners of Lots 22 through 26 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally between the Owners of Lots 22 through 26. 4.4 Private Road and Utilities Easements. The Plat for the Property establishes a number of private road and utilities easements over Lots for the benefit of specific Lots. All of the private road and utilities easements are shown on the Plat Map. The City of Renton shall not be responsible for the maintenance and/or cleaning of these private roads and utility easements. The Lots benefitted by any such private road and utility easements, and the Lots Owners responsible to maintain the private road and utilities facilities located therein are as follows: 4.4.1 The nineteen (19) foot private road and utilities easement located on Lots 1, 2 and 3 is for the benefit of Lots 1, 2 and 3. The Owners of Lots 1, 2 and 3 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1, 2 and 3. 4.4.2 The nineteen (19) foot private road and utilities easement located on Lots 4 and 5 is for the benefit of Lots 4 and 5. The Owners of Lots 4 and 5 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 4 and 5. 4.4.3 The nineteen ( 19) foot private road and utilities easement located on Lots 8 and 9 is for the benefit of Lots 8 and 9. The Owners of Lots 8 and 9 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 8 and 9. 4.4.4 The nineteen (19) foot private road and utilities easement located on Lots 10 and 11 is for the benefit of Lots 10 and 11 . The Owners of Lots 10 and 11 DECLARATION OF CIMARRON TOWNHOMES 10 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Ujf) #210061.014 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 1 O and 11 . 4.4.5 The nineteen (19) foot private road and utilities easement located on Lots 12 and 13 is for the benefit of Lots 12 and 13. The Owners of Lots 12 and 13 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 12 and 13. 4.4.6 The twenty-six (26) foot private road and utilities easement located on Lots 14 through 17 is for the benefit of Lots 14 through 17. The Owners of Lots 14 through 17 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 14 through 17. 4.4.7 The nineteen (19) foot private road and utilities easement located on Lots 19, 20, 21 and 23 is for the benefit of Lots 19, 20, 21 and 23. The Owners of Lots 19, 20, 21 and 23 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally among the Owners of Lots 19, 20, 21 and 23. 4.4.8 The nineteen ( 19) foot private road and utilities easement located on Lots 22, 24, 25 and 26 is for the benefit of Lots 22, 24, 25 and 26. The Owners of Lots 22, 24, 25 and 26 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally among the Owners of Lots 22, 24, 25 and 26. 4.5 Party Walls. Party Roofs and Party Exteriors. Each wall built as a part of the original construction on the Homes that serves or separates any two (2) adjoining Homes shall constitute a party wall ("Party Wall"). Each roof and the exterior siding constituting part of the building envelope of any Homes sharing a Party Wall shall constitute a "Party Roof' and "Party Exterior". To the extent consistent with this Section 4.5, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. The Owners of the two Homes adjoined by a Party Wall shall perform any routine maintenance work required in connection with their Party Wall and Party Exterior, provided that the Board may elect to have the Association perform such work. The Association shall be responsible for the performance of all material maintenance and repair work for any Party Wall, Party Roof and Party Exterior of Homes. Any restoration work performed with respect to a Party Wall, Party Roof or Party Exterior shall be done in accordance with the plans and specifications for the initial construction of the Homes. The costs of any such maintenance and repair work, to the extent not paid out of insurance proceeds, shall be shared equally by the Owners of the two adjoining Homes, but without prejudice to any DECLARATION OF CIMARRON TOWNHOMES 11 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Wf) #210061.014 Owner's right to larger contributions from other users under any rule of law. Any Owner's right to a contribution from another Owner under this Section shall be appurtenant to the Lot and shall pass to such Owner's successor-in-title. 4.6 Standard of Performance. Unless otherwise specifically provided in this Declaration or in other instruments creating and assigning such maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement, as necessary. All maintenance shall be performed consistent with the Community-Wide Standards and all applicable covenants. Neither the Association, Declarant nor any Owner shall be liable for any damage or injury occurring to or arising out of the condition of property maintained by the Association. ARTICLE 5 INSURANCE AND CASUAL TY LOSSES 5.1 Association Insurance. The Association, acting through its Board or its duly authorized agent, shall obtain blanket "all-risk" insurance, if reasonably available, for all insurable improvements on the Common Area and other portions of the Area of Common Responsibility for which it has assumed responsibility for maintenance, repair and/or replacement. If blanket "all-risk" coverage is not generally available at reasonable cost, fire and extended coverage insurance, including coverage for vandalism and malicious mischief, shall be obtained. The face amount of the policy shall be sufficient to cover the full replacement cost of insured structures. The Board shall also obtain a public liability policy covering the Area of Common Responsibility, insuring the Association and its Members for all damage or injury caused by the negligence of the Association, any of its Members, its employees, agents or contractors acting on its behalf. If generally available at reasonable cost, the public liability policy shall have at least a Two Million Dollar ($2,000,000) combined single limit per occurrence and in the aggregate. The Association shall also obtain, if reasonably available, an umbrella policy providing at least Three Million Dollars ($3,000,000) in additional coverage, bringing total liability coverage to at least Five Million Dollars ($5,000,000). Premiums for all insurance shall be Common Expenses included in the Base Assessment. The policies may contain reasonable deductibles which shall be disregarded in determining whether the insurance meets the coverage requirements. In the event of an insured loss, the deductible shall be treated as a Common Expense. However, if the Board reasonably determines, after notice and an opportunity to be heard under the Bylaws, that the loss resulted from negligence or willful misconduct of one or more Owners, then the Board may assess the full amount of such deductible against such Owner(s) and their Lot(s) under Section 9.6. All insurance coverage obtained by the Board on behalf of the Association shall: DECLARATION OF CIMARRON TOWNHOMES 12 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 (a) be written with a company authorized to do business in Washington which holds a B or better general policyholder's rating, or a financial performance index of 6 or better in the Best's Key Rating Guide, or an A or better rating from Demotech, Inc., or in the alternative, the highest rating generally available; (b) be written in the name of the Association as trustee for the benefitted parties (policies on the Common Area shall be for the benefit of the Association and its Members); (c) vest in the Board exclusive authority to adjust losses, provided that a Mortgagee having an interest in such losses may participate in any settlement negotiations; ( d) provide that it will not be brought into contribution with insurance purchased by individual Owners, occupants or their Mortgagees; (e) if for property insurance, have inflation guard endorsements, if reasonably available; (f) if containing a co-insurance clause, have an agreed amount endorsement, if reasonably available; and (g) provide for a Certificate of Insurance to be furnished to the Association. A copy of such Certificate shall be provided by the Association to any Member upon request. The Association shall arrange for an annual review of the sufficiency of insurance coverage by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the area of King County, Washington. The Board shall use reasonable efforts to secure insurance policies that provide endorsements: (i) waiving subrogation as to any claims against the Association's Board, officers, employees and Manager, the Owners and occupants of Lots and their respective tenants, servants, agents and guests; (ii) waiving rights of the insurer to repair and reconstruct instead of paying cash; (iii) providing that the policy may not be cancelled, invalidated, suspended or subjected to non-renewal on account of any one or more individual Owners; DECLARATION OF CIMARRON TOWNHOMES 13 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (ij"f) #210061.014 (iv) providing that the policy may not be cancelled, invalidated, suspended or subjected to non-renewal on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure; (v) excluding individual Owner policies from consideration under any other insurance clause; and (vi) providing that the Association will be given at least thirty (30) days' prior written notice of any cancellation, substantial modification or non-renewal. The Association also shall obtain, as a Common Expense, a fidelity bond or bonds, if generally available at reasonable cost, covering all persons responsible for handling Association funds. The amount of fidelity coverage shall be determined by the Board but, if reasonably available, may not be less than one-fourth (1/4) of the annual Base Assessments on all Lots plus reserves on hand. Bonds shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation and shall require at least thirty (30) days' prior written notice to the Association of any cancellation, substantial modification or non-renewal. The Board shall also obtain liability insurance coverage for directors and officers in the amount of at least Two Million Dollars ($2,000,000), if reasonably available, insuring the Association and its officers, directors and committee members (former, present and future) from liability for any actions or decisions for which the Association would have the duty to indemnify them under this Declaration. The Board shall also obtain, as a Common Expense, worker's compensation and employer's liability insurance if and to the extent required by law, and such other insurance as it deems necessary or advisable, including flood insurance. 5.2 Damage and Destruction. 5.2.1 Immediately after damage or destruction by fire or other casualty to all or any part of the Property covered by insurance written in the name of the Association, the Board or its agent shall file all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the condition existing prior to the damage, with any changes needed to comply with applicable building codes and subject to the required building permits and inspection process. 5.2.2 Any damage to the Common Area shall be repaired or reconstructed unless at least seventy-five percent (75%) of the total Class "A" votes in the Association, and the Class "B" Member, if any, decide within sixty (60) days after DECLARATION OF CIMARRON TOWNHOMES 14 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 the loss either (a) not to repair or reconstruct, or (b) to construct alternative improvements. If either the insurance proceeds or reliable, detailed estimates of the cost of repair or reconstruction are not available to the Association within the sixty (60) day period, then the period may be extended for not more than sixty (60) additional days. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed. 5.2.3 If it is determined that the damage to the Common Area shall not be repaired or reconstructed and no alternative improvements on the affected portion of the Property are authorized, the affected area shall be cleared of all debris and ruins and thereafter maintained by the Association in a neat and attractive, landscaped condition consistent with the Community-Wide Standards. 5.3 Disbursement of Proceeds. Any insurance proceeds remaining after paying for repair or reconstruction or, if no repair or reconstruction is made, after such settlement as is necessary and appropriate with the affected Owner and their Mortgagees as their interests may appear, shall be retained by the Association and placed in a capital improvements account. This is a covenant for the benefit of any Mortgagee of a Lot and may be enforced by such Mortgagee. 5.4 Repair and Reconstruction. If the insurance proceeds are insufficient to pay for repairing or reconstructing the damage to the Common Area, the Board may, during and following the completion of any repair or reconstruction and without membership approval, levy Special Assessments to pay for such repair or reconstruction against those Owners responsible for the premiums for the applicable insurance coverage under Section 5.1. The Association shall have the exclusive right to deal with all venders, contractors or subcontractors in connection with the performance of any such repair and/or reconstruction work. ARTICLE 6 NO PARTITION Except as permitted in this Declaration or amendments to this Declaration, the Common Area shall remain undivided, and no Owner nor any other Person shall bring any action for partition of the whole or any part thereof without the written consent of all Owners and Mortgagees. ARTICLE 7 CONDEMNATION Whenever any part of the Common Area shall be taken or conveyed under threat of condemnation by any authority having the power of eminent domain, each Owner shall be entitled to notice thereof. The Board may convey Common Area under threat DECLARATION OF CIMARRON TOWNHOMES 15 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 of condemnation only if approved in writing by at least sixty-seven percent (67%) of the total Class "A" votes in the Association and Declarant, as long as Declarant owns any Property described on Exhibit A. The award made for such taking or conveyance shall be payable to the Association as trustee for all Owners to be disbursed as follows: If the taking involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent practicable, unless within sixty (60) days after such taking, Declarant, so long as Declarant owns any Property described in Exhibit A, and at least sixty-seven percent (67%) of the total Class "A" vote of the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions of Section 5.3 regarding the disbursement of funds shall apply to disbursement of awards. ARTICLE 8 ASSESSMENTS 8.1 Creation of Assessments. There are hereby created three (3) types of Assessments for Association expenses: (a) Base Assessments to fund Common Expenses for the general benefit of all Lots, (b) Special Assessments as described in Section 8.4, and (c) Specific Assessments as described in Section 8.5. Each Owner, by acceptance of a deed or recording a contract of sale for any portion of the Property, is deemed to covenant and agree to pay these Assessments as levied from time to time by the Association. All Assessments, together with interest at a rate set by the Board (not to exceed eighteen percent [18%] or the highest rate allowed by Washington law, if less) from the date of delinquency, late charges, costs and reasonable attorneys' fees, shall be a charge and a continuing lien upon each Lot against which the Assessment is made until paid, as more particularly provided in Section 8.6. Each such Assessment, with interest, late charges, costs of collection, including reasonable attorneys' fees, also shall be the personal obligation of the Person who was the Owner of such Lot at the time the Assessment arose. If title to a Lot is transferred, the grantee shall be jointly and severally liable for Assessments and charges due at the time of conveyance, except that a first Mortgagee who obtains title to a Lot by exercising rights under the Mortgage shall not be liable for previously accrued Assessments and related charges. The Association shall, on request, furnish to any Owner a written certificate setting forth whether Assessments have been paid for any particular Lot, on advance payment of a reasonable processing fee as set by the Board. Assessments shall be paid in a manner and by dates fixed by the Board. The Board may allow payment of Assessments in installments. Unless the Board otherwise provides, the Base Assessment shall be due in advance on a monthly basis on the first DECLARATION OF CIMARRON TOWNHOMES 16 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 day of each month of the fiscal year. If any Owner is delinquent in paying any Assessments or charges levied on the Lot, the Board may require all unpaid Assessment installments to be paid immediately. No Owner may exempt themself from liability for Assessments by non-use of Common Area, abandonment of the Lot or any other means. The obligation to pay Assessments is a separate and independent covenant of each Owner. No diminution or abatement of Assessment or setoff shall be claimed or allowed for any alleged failure of the Association to take any action required of it or for inconvenience or discomfort arising from repairs or improvements or other actions taken by it. During the Class "B" Control Period, Declarant may elect annually to pay the Association either (a) regular Assessments on all of its unsold Lots within the Property, notwithstanding the commencement date under Section 8. 7, or (b) the difference between the amount of Assessments against all other Lots and the necessary expenditures of the Association within a division of the Property during the fiscal year. Unless Declarant otherwise notifies the Board at least sixty (60) days before the beginning of a fiscal year, or at any time during a fiscal year after at least sixty (60) days' notice from Declarant to the Board, Declarant shall continue paying on the same basis as the preceding fiscal year. Declarant's obligations hereunder may be satisfied in cash, by "in kind" contributions of services or materials, or by a combination of these. The Association is specifically authorized to enter into subsidy contracts or contracts for "in kind" contribution of services and materials with Declarant or others for payment of Common Expenses. 8.2 Budget Approval and Computation of Base Assessment. Within thirty (30) days after adoption of any proposed budget for the Association, the Board shall provide a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing of the summary. Unless at that meeting the budget is rejected by both fifty-one percent (51 %) of the Class "A" votes in the Association and the Class "B" Member, if any, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, 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. The Base Assessment shall be set in aggregate amounts reasonably expected to produce income equaling the total budgeted Common Expenses. In determining Assessments, the Board may consider other sources of funds available to the Association. In addition, the Board shall take into account the number of Lots subject to assessment under Section 8. 7 on the first (1st) day of the fiscal year for which the budget is prepared and the number of Lots reasonably anticipated to become subject to assessment during the fiscal year. DECLARATION OF CIMARRON TOWNHOMES 17 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 Declarant may, but is not obligated to, reduce the Base Assessments by paying a subsidy (in addition to any amounts paid by it under Section 8.1 ), which may be either a contribution, an advance against future Assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be disclosed as a line item in the Common Expense budget. Payment of any subsidy shall not obligate Declarant to continue subsidies in the future. 8.3 Reserve Budget and Capital Contribution. The Board shall annually prepare reserve budgets for general purposes which take into account the number and nature of replaceable assets, the expected life of each asset, and the expected maintenance repair or replacement cost. The Board shall include in Base Assessments capital contributions in amounts sufficient to meet these projected needs. 8.4 Special Assessments. In addition to other authorized Assessments, the Association may levy Special Assessments from time to time to cover expenses greater or different than those budgeted. Special Assessments shall be levied against the entire membership. Except as otherwise specifically provided in this Declaration, Special Assessments must be approved by the affirmative vote or written consent of Owners representing at least a majority of the Class "A" votes, and consent of the Class "B" Member, if any. Special Assessments shall be paid in a manner and by dates fixed by the Board. The Board may allow payment in installments extending beyond the fiscal year in which the Special Assessment is approved. 8.5 Specific Assessments. The Board may specifically assess against particular Lots, expenses incurred by the Association to provide special benefits, items or services (a) on request of the Owner of a Lot, (b) made necessary by the conduct of the Owner or its licensees, invitees or guests, or (c) necessary to bring the Lot into compliance with this Declaration, the Articles, the Bylaws or Association rules. Such Specific Assessments may be levied by the Board after notice to the applicable Owners and an opportunity for a hearing. 8.6 Lien for Assessments. The Association shall have a lien against each Lot to secure payment of delinquent Assessments, interest, late charges and costs of collection (including attorneys' fees). Such lien shall be prior and superior to all other liens, except (a) the liens for taxes and governmental Assessments which by law are superior, and (b) the lien of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment and foreclosure in the same manner as a Mortgage. The Association may bid for a Lot at the Foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. When a Lot is owned by the Association following Foreclosure, (a) no right to vote shall be exercised on its behalf, (b) no Assessment shall be levied on it, and (c) each other Lot shall be charged, in addition to its usual DECLARATION OF CIMARRON TOWNHOMES 18 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 Assessment, its pro rata share of the Assessment that would have been charged such Lot had it not been acquired by the Association. The Association may sue to recover a money judgment for unpaid Assessments and related charges, including attorneys' fees, without foreclosing or waiving the lien securing the same. The sale or transfer of any Lot shall not affect the Assessment lien or relieve such Lot from the lien for any Assessments thereafter becoming due. Where the Mortgagee holding a first Mortgage of record or other purchaser of a Lot obtains title pursuant to Foreclosure of the Mortgage, it shall not be liable for the share of the Assessments which became due prior to such acquisition of title. Such unpaid share of Assessments shall be deemed to be Common Expenses collectible from Owners of all Lots including such acquirer. 8.7 Date of Commencement of Assessments. The obligation to pay Assessments shall commence as to each Lot after the Board first determines a budget and levies Assessments upon the first (1st) day of the month following the date of conveyance of such Lot by Declarant to any Person other than a builder. The first monthly Assessment levied on each Lot shall be adjusted according to the number of days remaining in the monthly period at the time Assessments commence on the Lot. 8.8 Failure to Assess. Failure of the Board to fix the Assessment amounts or rates or to deliver Assessment notices shall not be deemed a waiver, modification or a release of any Owner from the obligation to pay Assessments. In such event, each Owner shall continue to pay Base Assessments on the same basis as for the prior year until a new Assessment is made, at which time any shortfalls in collections may be assessed retroactively. 8.9 Capitalization of Association. Upon acquisition of record title to a Lot by the first Owner other than a builder, a contribution shall be made by or on behalf of the purchaser to the working capital of the Association in an amount equal to one-sixth (1/6) of the annual Base Assessment per Lot for that year. This amount shall be in addition to and not in lieu of the annual Base Assessment levied on the Lot and shall not be considered an advance payment thereof. This amount shall be collected at the closing of the Lot and disbursed to the Association for use in covering operating and other expenses incurred by the Association under the terms of this Declaration and the Bylaws, together with reserves established by the Association for future expenses of the Association. 8.10 Exempt Property. All Common Areas are exempt from payment of Base Assessments and Special Assessments. DECLARATION OF CIMARRON TOWNHOMES 19 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Qjf} #210061.014 ARTICLE 9 ARCHITECTURAL STANDARDS 9.1 General. No improvements (including staking, clearing, excavation, grading and other site work), exterior alteration of existing improvements (including painting), placement or posting of any object or thing on the exterior of any Lot or the Common Area (e.g., fences, signs, antennas, satellite dishes, clotheslines, playground equipment, lighting, temporary structures, artificial vegetation, exterior sculptures and fountains), or planting or removal of plants, trees or shrubs shall take place except in compliance with this Article and with the approval of the appropriate committee under Section 9.2. An Owner may remodel or redecorate the interior of buildings in any manner desired, repaint the exterior of structures in accordance with the originally approved color scheme, or rebuild structures in accordance with originally approved plans and specifications without approval under this Article; however, modifications to the interior of screened porches, patios and similar portions of a Lot visible from outside the Lot shall require approval under this Article. Each single-family dwelling shall incorporate a minimum one (1) car garage, designed and constructed as an integral part of the residence. All dwellings constructed on any Lot shall be designed by and built in accordance with the plans and specifications of a building designer, licensed architect or engineer. All dwellings shall be constructed of new construction materials on-site, unless otherwise approved by the appropriate committee under Section 9.2, and shall be constructed in compliance with all applicable building codes and with all required building permits. This Article shall not apply to (a) activities of Declarant, or (b) improvements or modifications to the Area of Common Responsibility by or on behalf of the Association. This Article may not be amended without Declarant's written consent so long as Declarant owns any land subject to this Declaration or which it may unilaterally submit to this Declaration. 9.2 Architectural Review. Administration of the Residential Design Guidelines and review of applications for construction and modifications under this Article shall be handled by an Architectural Control Committee ("ACC"). Committee members need not be Owners or representatives of Owners and may but need not include architects, engineers or similar professionals, whose compensation, if any, shall be established by the Board. The Board may establish reasonable fees for review of applications by the Committee and their consultants, if any, and require them to be paid by the Owner(s) submitting such application prior to review. The ACC shall consist of at least three (3) but not more than five (5) persons, and shall have exclusive jurisdiction over all construction of any Lot, excluding any construction by Declarant. Until all Lots have DECLARATION OF CIMARRON TOWNHOMES 20 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 been developed and conveyed to Owners other than builders in the normal course of development and sale, Declarant may appoint all members of the ACC who shall serve at its discretion. There shall be no surrender of this right prior to that time except by a recorded instrument executed by Declarant. After all Lots have been developed and conveyed to the Owners other than the builder, the members of the ACC appointed by Declarant shall resign, and the Board shall appoint new members of the ACC. Those members of the ACC shall then be either reappointed or replaced annually by the Board within thirty (30) days of the regular annual meeting of the Association described in the Bylaws. The ACC shall also have exclusive jurisdiction over modifications, additions or alterations made on or to existing structures on Lots and any appurtenant open space. 9.3 Guidelines and Procedures. 9.3.1 Declarant shall prepare initial design, development and construction guidelines and application and review procedures {the "Residential Design Guidelines"), which may contain general provisions applicable to all of the Property and specific provisions which vary from one portion of the Property to another depending upon the location, characteristics and intended use thereof. 9.3.2 Plans and specifications showing the nature, kind, shape, color, size, materials and location of all proposed construction and modifications shall be submitted to the ACC for review and approval. In reviewing each submission, the committees may consider the quality of workmanship and design, harmony of external design with existing structures, and location in relation to surrounding structures, topography and finish grade elevation, and other factors, as well as the Residential Design Guidelines. 9.4 No Waiver of Future Approvals. The approval of any proposals, plans, specifications, drawings or other matters in any one instance shall not be deemed a waiver of any right to withhold subsequent approval of any similar proposals, plans, specifications, drawings or matters. 9.5 Variances. The ACC may authorize variances in writing from its guidelines and procedures, but only (a) in accordance with duly adopted rules and regulations, (b) when unique circumstances dictate, such as unusual topography, natural obstructions, hardship or aesthetic or environmental considerations require, and (c) when construction in accordance with the variance would be consistent with the purposes of the Declaration. Inability to obtain or the terms of any governmental approval, or the terms of any financing shall not be considered a hardship warranting a variance. 9.6 Limitation of Liability. The ACC shall not be responsible for the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements. Neither Declarant, the Association, the Board, any committee nor member of any of them shall DECLARATION OF CIMARRON TOWNHOMES 21 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 be liable for any injury, damages or loss arising out of the manner or quality of approved construction or modifications. 9.7 Enforcement. Any construction, alteration or other work done in violation of this Article shall be deemed nonconforming. On written request from the Board or Declarant, Owners shall, at their own expense, cure such nonconformance to the satisfaction of the requester, or restore the land to substantially the same condition as existed prior to the nonconforming work. If an Owner fails to so cure or restore, the Board, Declarant or their designees may do so at the Owner's expense and assess the cost against the benefitted Lot as a Specific Assessment under Section 9.5. Any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with this Article may be excluded by the Board from the Property, subject to the notice and hearing procedures in the Bylaws. In such event, neither the Association, its officers or directors shall be held liable to any Person for exercising the rights granted by this paragraph. In addition, the Board may, on behalf of the Association, pursue all legal and equitable remedies available to enforce this Article and the decisions of the ACC. ARTICLE 10 USE GUIDELINES AND RESTRICTIONS 10.1 Plan of Development: Applicability: Effect. Declarant has created CIMARRON TOWNHOMES as a community of single-family residential properties. The Property is subject to land development, architectural and design guidelines as set forth in Article 9. The Property is subject to guidelines and restrictions governing land use, individual conduct and uses of or actions upon the Property as provided in this Article 10. Guidelines dealing with architecture and design are set forth in Article 9. This Declaration and resolutions the Board may adopt establish affirmative and negative covenants, easements and restrictions (the "Use Guidelines and Restrictions"). All provisions of the Declaration and of any rules shall also apply to all occupants, tenants, guests and invitees of any Lot. The Owner shall cause all occupants of their Lot to comply with these provisions. Every Owner shall be responsible for all violations and losses to the Common Area caused by such occupants, although the occupants also are fully liable and may be sanctioned for such violations and losses. Any lease of any Lot shall provide that the lessee and all occupants of the leased Lot shall be bound by the terms of this Declaration, the Bylaws and the rules of the Association. Declarant has promulgated CIMARRON TOWNHOMES' general plan of development in order to protect all Owners' quality of life and collective interests, the aesthetics and environment within the Property, and the vitality of and sense of community within CIMARRON TOWNHOMES, all subject to the Board's ability to respond to changes in circumstances, conditions, needs and desires within the master- planned community. DECLARATION OF CIMARRON TOWNHOMES 22 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 Declarant has prepared initial Use Guidelines and Restrictions which contain general provisions applicable to all of the Property, as well as specific provisions which may vary within the Property, depending upon the location, characteristics and intended use. Such Use Guidelines and Restrictions are set forth in Section 10.6 below. Based upon these Use Guidelines and Restrictions, the Board shall adopt the initial rules at its initial organizational meeting. 10.2 Board Power. Subject to the terms of this Article 10 and to its duty of care and undivided loyalty to the Association and its Members, the Board shall implement and manage the Use Guidelines and Restrictions through rules which adopt, modify, cancel, limit, create exceptions to, or expand the Use Guidelines and Restrictions. Prior to any such action, the Board shall conspicuously publish notice of the proposal at least five (5) business days prior to the Board meeting. Owners shall have a reasonable opportunity to be heard at a Board meeting prior to action being taken. The Board shall send a copy of any proposed new rule or amendment to each Owner at least thirty (30) days prior to its effective date. The rule shall become effective unless disapproved at a meeting by at least seventy-five percent (75%) of the total Class "A" votes and by the Class "B" Member, if any. The Board shall have no obligation to call a meeting of the Members to consider disapproval except upon petition of the Owners as required for special meetings in the Bylaws. The Board shall have all powers necessary and proper, subject to its exercise of sound business judgment and reasonableness to effect the duties contained in this Section 10.2. The Board shall provide, without cost, a copy of the Use Guidelines and Restrictions, including the Initial Use Guidelines and Restrictions in Section 10.6 below and rules then in effect to any requesting Member or Mortgagee. 10.3 Members' Power. The Members, at a meeting duly called for such purpose as provided in Article 2 of the Bylaws, may adopt, repeal, modify, limit and expand Use Guidelines and Restrictions and implement rules by a vote of seventy-five percent (75%) of the total Class "A" votes and the approval of the Class "B" Member, if any. 10.4 Owners' Acknowledgment. All Owners are subject to the Use Guidelines and Restrictions and are given notice that (a) their ability to use their privately owned property is limited thereby, and (b) the Board may add, delete, modify, create exceptions to, or amend the Use Guidelines and Restrictions in accordance with Sections 10.2, 10.3 and 15.2. Each Owner, by acceptance of a deed, acknowledges and agrees that the use, enjoyment and marketability of their property can be affected by this provision, and the Use Guidelines and Restrictions and rules may change from time to time. DECLARATION OF CIMARRON TOWNHOMES 23 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 10.5 Rights of Owners. Except as may be contained in Section 10 .6 below, neither the Board nor the Association may adopt any rule in violation of the following provisions: 10.5.1 Equal Treatment. Similarly situated Owners and residents shall be treated similarly. 10.5.2 Speech. The rights of Owners and occupants to display on their Lot political signs and symbols of the kinds normally displayed in or outside of residences located in residential neighborhoods in individually owned property shall not be abridged, except that the Association may adopt reasonable time, place and manner restrictions for the purpose of minimizing damage and disturbance to other Owners and occupants. 10.5.3 Religious and Holiday Displays. The rights of Owners to display on their Lots religious and holiday signs, symbols and decorations of the kinds normally displayed in or outside of residences located in residential neighborhoods shall not be abridged, except that the Association may adopt reasonable time, place and manner restrictions for the purpose of minimizing damage and disturbance to other Owners and occupants. 10.5.4 Household Composition. The Association or Board shall make no rule that interferes with the freedom of occupants to determine the composition of their households, except that the Association shall have the power to require that all occupants be members of a single housekeeping Lot, and to limit the total number of occupants permitted in each Lot on the basis of the size and facilities of the Lot, to the extent not prohibited by law, and consistent with its fair share use of the Common Area, including parking. 10.5.5 Activities within Lot. Neither the Association nor the Board shall make any rule that interferes with the activities of the residents carried on within the confines of their Lot, except that the Association may prohibit activities not normally associated with property restricted to residential use, and it may restrict or prohibit any activities that impose monetary costs on the Association or other Owners, that create a danger to the health or safety of other occupants, that generate excessive noise or traffic, that create unsightly conditions visible outside the Lot, that block the views from other Lots, or that create an unreasonable source of annoyance. 10.5.6 Pets. Unless the keeping of pets is prohibited at the time of the sale of the first Lot by rule or Use Guidelines and Restrictions, no rule prohibiting the keeping of ordinary household pets shall be adopted thereafter over the objection of any Owner expressed in writing to the Association. Notwithstanding the above, the Association or Board may adopt reasonable regulations designed to minimize damage and disturbance to other Owners and occupants, including regulations requiring damage deposits, waste removal, leash controls, noise controls, occupancy limits based DECLARATION OF CIMARRON TOWNHOMES 24 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 on size and facilities of the Lot and fair share use of the Common Area. Nothing in this provision shall prevent the Association from requiring removal of any animal that presents an actual threat to the health or safety of residents, or from requiring abatement of any nuisance or unreasonable source of annoyance. 10.5.7 Allocation of Burdens and Benefits. The initial allocation of financial burdens and rights to use Common Areas among the various Lots shall not be changed to the detriment of any Owner over that Owner's objection expressed in writing to the Association. Nothing in this provision shall prevent the Association from changing the Common Areas available, from adopting generally applicable rules for use of Common Areas, or from denying use privileges to those who abuse the Common Area, violate rules or this Declaration, or fail to pay Assessments. This provision does not affect the right to increase or decrease the amount of Assessments as provided in Article 9. 10.5.8 Alienation. The Association or Board shall not adopt rules that prohibit transfer of any Lot or require consent of the Association or Board for transfer of any Lot. 10.5.9 Reasonable Rights to Develop. Neither the Association nor the Board shall adopt any rule or take any action which would impede Declarant's right to develop in accordance with the master plan for CIMARRON TOWNHOMES. 10.5.10 Abridging Existing Rights. If any rule would otherwise require Owners to dispose of personal property which they owned at the time they acquired their Lots, such rule shall not apply to any such Owners without their written consent. 10.6 Initial Use Guidelines and Restrictions. 10.6.1 General. The Property shall be used only for residential, recreational and related purposes (which may include without limitation business offices for the Declarant or the Association consistent with this Declaration). 10.6.2 Restricted Activities. The following activities are prohibited within the Property unless either (a) expressly authorized by and then subject to such conditions as may be imposed by the Board, or (b) undertaken by Declarant in the normal course of developing the Property: (a) Parking of commercial vehicles, recreational vehicles, mobile homes, boats or other watercraft, or other oversized vehicles, stored vehicles or inoperable vehicles in places other than enclosed garages (unless adequately screened from view of both all Lots and approved by the ACC). The term "commercial vehicles" shall be defined as any vehicle used for business related purposes, whether so labeled or not, that meets any of the following criteria: (i) Gross Vehicle Weight Rating (GVWR) over 10,000 pounds, (ii) dual rear wheels DECLARATION OF CIMARRON TOWNHOMES 25 F:\MBS\Conner Homes Group\Cimarmn\Declaration 5.docx 3/31/2014 (jjf) #210061.014 on a single axle ("dually"), (iii) multiple rear axles, or (iv) the vehicle has motorized exterior accessories that can extend or can be extended from the vehicle beyond or above the perimeter of the vehicle's body. No motor vehicle may be parked in a location or manner that blocks or impairs access to any other Lots or fire lanes. Also, no portion of a motor vehicle may be parked within the "no parking" zone designated on any road or street, if any. No vehicles may be parked on any road or street, other than within parking spaces designated and physically marked by the Declarant or the Association, if any. The Board shall require removal of any inoperative or improperly licensed vehicle, or any unsightly vehicle. If the same is not removed, the Board shall cause removal at the risk and expense of the Owner thereof; (b) Capturing, trapping, injuring or killing of wildlife within the Property, except in circumstances posing an imminent threat to the safety of persons using the Property or except as required or permitted by any applicable governmental authority; (c) Chasing, injuring or killing of wildlife within the Property by pets of Owners or occupants of Lots within the Property; ( d) Raising, breeding or keeping of animals, livestock or poultry of any kind, except that a reasonable number of dogs, cats or other usual and common household pets may be permitted in a Lot. However, 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 Lots shall be removed upon request of the Board. If the pet owner fails to honor such request, the Board may remove the pet; ( e) Obstruction or re-channeling of drainage flows after location and installation of drainage swales, storm sewers or storm drains, except that the Declarant and the Association shall have such right, provided the exercise of such right shall not materially diminish the value of or unreasonably interfere with the use of any Lot without the Owner's consent; (f) Subdivision of a Lot into two (2) or more Lots after a subdivision plat including such Lot has been approved and filed, or changing the boundary lines of any Lot, except that the Declarant and builder, with Declarant's consent, shall be permitted to subdivide or change the boundary lines of Lots which they own; (g) Excavating, filling or otherwise altering the grade of slopes within a Lot including, but not limited to, trenching, digging, installation of walls, patios, trees, play equipment, water features, stairways, paths and structures, removing grass or other slope stabilizing vegetation between October 1 and May 1 of each year, or having a slope in an unvegetated or stabilized and protected condition for more than thirty (30) days. Lot Owners requesting ACC approval to alter DECLARATION OF CIMARRON TOWNHOMES 26 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 slopes shall be required to submit an evaluation of the proposed alteration by a professional geotechnical or soils engineer. (h) Excavating, filling or otherwise altering the grade above or below retaining walls and rockeries within fifteen (15) feet of the walls or rockery, or construction of any structures within fifteen (15) feet of a rockery or retaining wall. (i) Excavating, filling, covering or otherwise altering the ground above subsurface drainage facilities, such as footing drains at the retaining walls, trench or French drains at the toe of a slope, and front or rear yard area drains. Alteration of drainage facilities can cause significant damage to property and may represent a life safety hazard. All proposed alterations of drainage facilities shall require the review and concurrence of a professional registered civil or geotechnical engineer. U) Operation of a timesharing, fraction-sharing or similar program, whereby the right to exclusive use of the Lot rotates among participants in the program on a fixed or floating time schedule over a period of years, except that Declarant and its assigns may operate such a program with respect to Lots which it owns. (k) Conversion of any garage, attic or other unfinished space, other than a basement, to finished space for use as an apartment or other integral part of the living area on any Lot, except as approved by the ACC; (I) Any business, trade or similar activity, except that an Owner or occupant residing in a Lot may conduct business activities within the Lot so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot; (ii) the business activity conforms to all zoning requirements for the Property; (iii) the business activity does not involve regular visitation of the Lot by clients, customers, suppliers or other business invitees or door-to-door solicitation of residents of the Property; or (iv) the business activity is consistent with the residential character of the Property and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents of the Property, as may be determined in the sole discretion of the Board. This Subsection shall not apply to any activity conducted by the Declarant or a builder approved by the Declarant with respect to its development and sale of the Property or its use of any Lots which it owns within the Property; (m) Any construction, erection, modification or placement, permanently or temporarily, on the outside portions of the Lot, whether such portion is improved or unimproved, except as provided in Article 8; and DECLARATION OF CIMARRON TOWNHOMES 27 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 (n) Posting, placing or maintaining any signs on any portion of the Property, including Lots, except for those signs approved by the Board in writing. ARTICLE 11 EASEMENTS 11.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment, and for maintenance and use of any fence, retaining walls, roof overhangs or other improvements encroaching between each Lot and any adjacent Common Area, and between adjacent Lots due to the unintentional misplacement, settling or shifting of the improvements constructed, reconstructed or altered thereon (in accordance with the terms of these restrictions). Such easements of encroachments shall be to a distance of not more than one (1) foot, and such easements for maintenance shall be to a distance of not more than six (6) feet, as measured from any point on the common boundary along a line perpendicular to such boundary. This latter easement for maintenance includes the right of an Owner to enter upon the side yard of the adjoining Lot(s) in order to perform maintenance or improvements located on their Lot. 11.2 Easements for Utilities, Etc. Declarant reserves unto itself, so long as it owns any property described on Exhibit A, and grants to the Association an easement for the purposes of access and maintenance upon, across, over and under all of the Property to the extent reasonably necessary to install, replace, repair and maintain, as applicable, cable television systems, master television antenna systems, security and similar systems, roads, walkways, bicycle pathways, lakes, ponds, wetlands, drainage systems, street lights, signage and all utilities, including but not limited to water, sewer, meter boxes, telephone, gas and electricity. The Declarant and/or the Association may assign these rights to any local utility supplier, cable company, security company, municipal entity upon that entity's written approval or other company providing a service or utility to CIMARRON TOWNHOMES, subject to the limitations herein. Notwithstanding anything to the contrary herein, this easement shall not entitle the holders to construct or install any of the foregoing systems, facilities or utilities over, under or through any existing dwelling on a Lot; and any damage to a Lot resulting from the exercise of this easement shall promptly be repaired by and at the expense of the Person exercising the easement. Exercise of this easement shall not unreasonably interfere with the use of any Lot and, except in an emergency, entry onto any Lot shall be made only after reasonable notice to the Owner or occupant. No utilities may be installed or relocated on the Property without approval of the Board or as provided by Declarant. 11.3 Easement for Emergency. Authorized agents of the Association shall have the right, but not the obligation, and a perpetual easement is hereby granted to the Association, to enter all portions of the Property, including each Lot, for emergency, security and safety reasons. Except in emergencies, entry onto a Lot shall be only DECLARATION OF CIMARRON TOWNHOMES 28 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (ijf) #210061.014 during reasonable hours and after notice to and permission from the Owner thereof. This easement includes the right to enter any Lot to cure any condition which increases the risk of fire or other hazard if an Owner fails or refuses to cure the condition within a reasonable time after request by the Board, but does not authorize entry into any dwelling without permission of the Owner. 11.4 Easements for Maintenance and Enforcement. Authorized agents of the Association shall have the right, but not the obligation, and a perpetual easement is hereby granted to the Association, to enter all portions of the Property, including each Lot, to (a) perform its maintenance responsibilities under Article 4, and (b) make inspections to ensure compliance with this Declaration, the Bylaws and rules. Except in emergencies, entry onto a Lot shall only be during reasonable hours and after notice to and permission from the Owner. This easement shall be exercised with a minimum of interference to the quiet enjoyment to Owners' property, and any damage shall be repaired by the Association at its expense. The Association, without approval of the Owners, may grant temporary or permanent easements to any public entity, private entity or private party over, under and across any part of the Common Areas as the Association may deem desirable, necessary or convenient to accomplish its maintenance and other responsibilities hereunder. The Association also may enter a Lot to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates the Declaration, the Bylaws or the rules. All costs incurred, including reasonable attorneys' fees, shall be assessed against the violator as a Specific Assessment. ARTICLE 12 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Lots in the Property. This Article applies to both this Declaration and the Bylaws, notwithstanding any other provisions contained therein. 12.1 Notices of Action. An institutional holder, insurer or guarantor of a first Mortgage who provides written request to the Association ( such request to state the name and address of such holder, insurer or guarantor, and the street address of the Lot to which its Mortgage relates, thereby becoming an "Eligible Holder") will be entitled to timely written notice of: (a) any condemnation or casualty loss which affects a material portion of the Property or which affects any Lot on which there is a first Mortgage held, insured or guaranteed by such Eligible Holder; DECLARATION OF CIMARRON TOWNHOMES 29 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 (b) any delinquency in the payment of Assessments or charges by the Owner of any Lot subject to the Mortgage of such Eligible Holder, where such delinquency has continued for a period of sixty (60) days. Notwithstanding this provision, upon request, any holder of a first Mortgage is entitled to written notice from the Association of any default in the performance by an Owner of a Lot of any obligation under the Declaration or Bylaws which is not cured within sixty (60) days; (c) any lapse, cancellation or material modification of any insurance policy maintained by the Association; or ( d) any proposed action requiring the consent of a specified percentage of Eligible Holders. 12.2 Other Provisions for First Lien Holders. To the extent possible under Washington law: 12.2.1 Any restoration or repair of the Property after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance with this Declaration and the original plans and specifications unless the approval is obtained of the Eligible Holders of First Mortgages on Lots to which at least fifty-one percent (51%) of the votes of Lots subject to Mortgages held by such Eligible Holders are allocated. 12.2.2 Any election to terminate the Association after substantial destruction or a substantial taking in condemnation shall require the approval of the Eligible Holders of first Mortgages on Lots to which at least fifty-one percent (51 %) of the votes of Lots subject to Mortgages held by such Eligible Holders are allocated. 12.3 Amendments to Documents. The following provisions do not apply to amendments to the constituent documents or termination of the Association made as a result of destruction, damage or condemnation as provided herein. 12.3.1 Except as specifically otherwise set forth in this Declaration, the consent of at least sixty-seven percent (67%) of the Class "A" votes and of Declarant, so long as it owns any land subject to this Declaration, and the approval of the Eligible Holders of first Mortgages on Lots to which at least sixty-seven percent (67%) of the votes of Lots subject to a Mortgage held by an Eligible Holder appertain, shall be required to terminate the Association. 12.3.2 The consent of at least sixty-seven percent (67%) of the Class "A" votes and of Declarant, so long as it owns any land subject to this Declaration, and the approval of Eligible Holders of first Mortgages on Lots to which at least fifty-one percent (51%) of the votes of Lots subject to a Mortgage held by an Eligible Holder appertain, shall be required materially to amend any provisions of the Declaration, Bylaws or DECLARATION OF CIMARRON TOWNHOMES 30 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 Articles, or to add any material provisions thereto which establish, provide for, govern or regulate any of the following: Area; (a) voting; (b) Assessments, Assessment liens or subordination of such liens; (c) reserves for maintenance, repair and replacement of the Common ( d) insurance or fidelity bonds; (e) rights to use the Common Area; (f) responsibility for maintenance and repair of the Property; (g) expansion or contraction of the Property; (h) boundaries of any Lot; (i) leasing of Lots; G) imposition of any right of first refusal or similar restriction of the right of any Owner to sell, transfer or otherwise convey their Lot; (k) establishment of self-management by the Association where professional management has been required by an Eligible Holder; or (I) any provisions included in the Declaration, Bylaws or Articles which are for the express benefit of holders, guarantors or insurers of first Mortgages on Lots. 12.4 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area. 12.5 Notice to Association. Upon request each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 12.6 Amendment by Board. Should the Federal National Mortgage Association ("Fannie Mae"), the Veterans Administration ("VA"), the Department of Housing and Urban Development ("HUD") or Freddie Mac subsequently delete any of its respective requirements which necessitate the provisions of this Article or make any such DECLARATION OF CIMARRON TOWNHOMES 31 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 requirements less stringent, the Board, without approval of the Owners, may record an amendment to this Article to reflect such changes. 12.7 Applicability of Article 12. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws or Washington law for any of the acts set out in this Article. 12.8 Failure of Mortgagee to Respond. Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within sixty (60) days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested. ARTICLE 13 DECLARANT'S RIGHTS Any or all rights and obligations of Declarant may be transferred to other Persons, but the transfer shall not reduce an obligation nor enlarge a right beyond that contained in this Declaration or the Bylaws, and shall not be effective unless signed by Declarant and duly recorded in the public records of King County, Washington. So long as Declarant owns any property described in Exhibit A for development and/or sale, Declarant hereby reserves a nonexclusive perpetual easement for the benefit of Declarant, builders authorized by Declarant, and its designees to maintain and carry on upon the Property such facilities and activities as Declarant considers reasonably required, convenient or incidental to the construction or sale of Lots, including but not limited to business offices, signs, model Lots, sales offices and the right to use Lots owned by Declarant or its designees as models and sales offices. So long as Declarant continues to have rights under this Article, no Person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Property without Declarant's written consent. Any attempted recordation without compliance herewith shall result in such instrument being void, unless a consent of Declarant is subsequently recorded in the public records. ARTICLE 14 DISPUTE RESOLUTION AND LIMITATION ON LITIGATION 14.1 Agreement to Avoid Costs of Litigation and to Limit Right to Litigate Disputes. The Association, Declarant, all Persons subject to this Declaration, and any Person not otherwise subject to this Declaration who agrees to submit to this Article ( collectively, "Bound Parties") agree to encourage the amicable resolution of disputes involving the Property, and to avoid the emotional and financial costs of litigation if at all DECLARATION OF CIMARRON TOWNHOMES 32 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 possible. Accordingly, each Bound Party covenants and agrees that all claims, grievances or disputes between such Bound Party and any other Bound Party involving the Property, including without limitation claims, grievances or disputes arising out of or relating to the interpretation, application or enforcement of this Declaration, the Bylaws, the Association rules or the Articles ( collectively "Claim"), except for those Claims authorized in Section 14.2, shall be resolved using the procedures set forth in Section 14.3 in lieu of filing suit in any court or initiating proceedings before any administrative tribunal seeking redress or resolution of such Claim. 14.2 Exempt Claims. The following Claims ("Exempt Claims" shall be exempt from the provisions of Section 14.3: (a) any suit by the Association against any Bound Party to enforce the provisions of Article 9; (b) any suit by the Association to obtain a temporary restraining order (or equivalent emergency equitable relief) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of Article 9, Article 10 and the Use Guidelines and Restrictions and rules of the Association; (c) any suit between Owners (other than Declarant) seeking to redress on the basis of a Claim which would constitute a cause of action under the laws of the state of Washington in the absence of a claim based on the Declaration, Bylaws, Articles or rules of the Association; (d) any suit by the Association in which similar or identical Claims are asserted against more than one Bound Party; and ( e) any suit by a Bound Party for declaratory or injunctive relief which seeks a determination as to applicability, clarification or interpretation of any provision of this Declaration. Any Bound Party having an Exempt Claim may submit it to the alternative dispute resolution procedures set forth in Section 14.3, but there shall be no obligation to do so. The submission of an Exempt Claim involving the Association to the alternative dispute resolution procedures of Section 14.3 shall require the approval of the Association. 14.3 Mandatory Procedures for All Other Claims. All Claims other than Exempt Claims shall be resolved using the following procedures: 14.3.1 Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent"), other than an Exempt Claim, shall notify each Respondent in writing of the Claim (the "Notice"), stating plainly and concisely: DECLARATION OF CIMARRON TOWNHOMES 33 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 Uif) #210061.014 (a) The nature of the Claim, including date, time, location, persons involved and Respondent's role in the Claim; (b) The basis of the Claim (i.e., the provisions of this Declaration, the Bylaws, the Articles or rules or other authority out of which the Claim arises); (c) What Claimant wants Respondent to do or not do to resolve the Claim; and (d) That Claimant wishes to resolve the Claim by mutual agreement with Respondent and is willing to meet in person with Respondent at a mutually agreeable time and place to discuss in good faith ways to resolve the Claim. 14.3.2 Negotiation. (a) Each Claimant and Respondent (the "Parties") shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. (b) Upon receipt of a written request from any Party, accompanied by a copy of the Notice, the Board may appoint a representative to assist the parties in resolving the dispute by negotiation, if in its discretion it believes its efforts will be beneficial to the parties and to the welfare of the Community. 14.3.3 Mediation. (a) If the Parties do not resolve the Claim through negotiation within thirty (30) days of the date of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have thirty (30) additional days within which to submit the Claim to mediation under the auspices of the King County Dispute Resolution Center, or such other independent agency providing similar services upon which the parties may mutually agree. (b) If Claimant does not submit the Claim to mediation within thirty (30) days after Termination of Negotiations, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons not a party to the foregoing proceedings. DECLARATION OF CIMARRON TOWNHOMES 34 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 {jjf) #210061.014 (c) If the Parties do not settle the Claim within thirty (30) days after submission of the matter to the mediation process, or within such time as determined reasonable or appropriate by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth when and where the Parties met, that the Parties are at an impasse, and the date that mediation was terminated. (d) Each Party shall, within five (5) days of the Termination of Mediation, make a written offer of settlement in an effort to resolve the Claim. The Claimant shall make a final written settlement demand ("Settlement Demand") to the Respondent. The Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute the Settlement Demand. If the Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer. 14.3.4 Final and Binding Arbitration. (a) If the Parties do not agree in writing to accept either the Settlement Demand, the Settlement Offer or otherwise resolve the Claim within fifteen (15) days of the Termination of Mediation, the Claimant shall have fifteen (15) additional days to submit the Claim to arbitration in accordance with the Rules of Arbitration of the American Arbitration Association or the Claim shall be deemed abandoned, and Respondent shall be released and discharged from any and all liability to Claimant arising out of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons not a party to the foregoing proceedings. (b) This Section 14.3.4 is an agreement of the Bound Parties to arbitrate all Claims except Exempt Claims and is specifically enforceable under the applicable arbitration laws of the state of Washington. The arbitration award (the "Award") shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under the laws of the state of Washington. 14.4 Allocation of Costs of Resolving Claims. 14.1.1 Each Party shall bear its own costs incurred prior to and during the proceedings described in Sections 14.3.1, 14.3.2 and 14.3.3, including the fees of its attorney or other representative. Each Party shall share equally all charges rendered by the mediator(s) pursuant to Section 14.3.3. DECLARATION OF CIMARRON TOWNHOMES 35 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 {jjf} #210061.014 14.4.2 Each Party shall bear its own costs (including the fees of its attorney or other representative) incurred after the Termination of Mediation under Section 14.3.3 and shall share equally in the costs of conducting the arbitration proceeding (collectively, "Post Mediation Costs"), except as otherwise provided in Section 14.4.3. 14.4.3 Any Award which is equal to or more favorable to Claimant than Claimant's Settlement Demand shall add such Claimant's Post Mediation Costs to the Award, such Costs to be borne equally by all Respondents. Any Award which is equal to or less favorable to Claimant than Respondent's Settlement Offer to that Claimant shall also award to such Respondent its Post Mediation Costs, such Costs to be borne by all such Claimants. 14.5 Enforcement of Resolution. If the Parties agree to resolve any Claim through negotiation or mediation in accordance with Section 14.3 and any Party thereafter fails to abide by the terms of such agreement, or if the Parties agree to accept the Award following arbitration and any Party thereafter fails to comply with such Award, then any other Party may file suit or initiate administrative proceedings to enforce such agreement or Award without the need to again comply with the procedures set forth in Section 14.3. In such event, the Party taking action to enforce the agreement or Award shall be entitled to recover from the non-complying Party ( or if more than one non- complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement or Award, including without limitation attorneys' fees and court costs. ARTICLE 15 GENERAL PROVISIONS 15.1 Term. This Declaration shall run with and bind the Property, and shall inure to the benefit of and shall be enforceable by the Declarant, the Association and the Owners, their respective representatives, heirs, successors and assigns, perpetually, to the extent allowed by law. 15.2 Amendment. 15.2.1 By Declarant. Declarant may unilaterally amend this Declaration if such amendment is necessary to (a) bring any provision into compliance with any applicable government statute or regulation or judicial determination; (b) enable any reputable title insurance company to issue title insurance coverage on the Lots; ( c) enable any institution or government agency to make or purchase mortgage loans on the Lots, including, but not limited to, Fannie Mae, the Veterans Administration ("VA"), and the Federal Housing Administration ("FHA" or "HUD"); (d) enable any government agency or reputable private insurance company to insure or guarantee Mortgage loans on the Lots, including, but not limited to, Fannie Mae, the Veterans Administration ("VA"), and the Federal Housing Administration ("FHA" or "HUD"); (e) otherwise satisfy the requirements of any government agency or governmental regulations. However, DECLARATION OF CIMARRON TOWNHOMES 36 F:\MBS\Conner Homes Group\Cimarron\Dec1aration 5.docx 3/31/2014 (jjf) #210061.014 any such amendment shall not adversely affect the title to any Lot without the written consent of its Owner, or (f) correct any errors in this Declaration. Also, so long as Declarant owns Property described in Exhibit A for development as part of the Property, it may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse affect upon any substantive right of any Owner and does not adversely affect the title to any Lot without the written consent of its Owners. Finally, if the Association and/or its Board or members has a responsibility under this Declaration, its bylaws, the RMC, or a deed, the Association and/or its Board or members may not delegate or eliminate that responsibility without prior written approval of entity assuming that responsibility. 15.2.2 By Owners. This Declaration may also be amended by the affirmative vote or written consent, or any combination thereof, of sixty-seven percent (67%) of the Class "A" votes held by Members other than Declarant, and, so long as Declarant owns any Property described in Exhibit A for development or sale as part of the Property, with written consent of Declarant. In addition, the approval requirements set forth in Article 12 hereof shall be met if applicable. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Amendments must be recorded in the public records of King County, Washington. If an Owner consents to any Amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority so to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. No Amendment may remove, revoke or modify any right or privilege of Declarant without written consent of Declarant. 15.3 Severability. Invalidation of any provision or application of a provision of this Declaration by any court shall not affect any other provisions or applications. 15.4 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least sixty-seven percent (67%) of the total Association vote. This Section shall not apply, however, to actions brought by the Association to (a) enforce this Declaration (including without limitation the foreclosure of liens): (b) impose and collect Assessments under Article 8; (c) challenge tax Assessments and other matters relating to taxes for which the Association may be liable; or (d) counterclaims by the Association in proceedings instituted against it. DECLARATION OF CIMARRON TOWNHOMES 37 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 15.5 Compliance. Every Owner and occupant of any Lot shall comply with this Declaration, the Bylaws and the rules of the Association and shall be subject to all remedies provided to the Association in this Declaration or the Bylaws. In addition, failure to comply shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law, or in equity, by the Association or by any aggrieved Owners. 15.6 Notice of Sale or Transfer of Title. Any Owner selling or otherwise transferring title to their Lot shall give the Board at least seven (7) days' prior written notice of the name and address of the transferee, the date of such transfer of title, and such other information as the Board may reasonably require. Each transferee of a Lot shall, within seven (7) days of taking title to a Lot, confirm that the information previously provided by the transferor is complete and accurate. The transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Lot coming due prior to the date upon which such notice is received by the Board, including Assessment obligations, notwithstanding the transfer of title to the Lot. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this day of , 2014. DECLARATION OF CIMARRON TOWNHOMES By: DECLARANT: BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company [Print Name] Its: Authorized Agent 38 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) certify that know or have satisfactory evidence that --------------is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Authorized Agent of BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. Dated: , 2014. ---------- (SEAL/STAMP) DECLARATION OF CIMARRON TOWNHOMES [Print Name] NOTARY PUBLIC for the state of Washington Residing at ____________ _ My appointment expires: _______ _ 39 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 EXHIBIT A Legal Description Lot 2, King County Short Plat No. 675015, recorded under Recording No. 7509050645, in King County, Washington. Lot 3, King County Short Plat No. 675015, recorded under Recording No. 7509050645, in King County, Washington. DECLARATION OF CIMARRON TOWNHOMES 40 F:\MBS\Conner Homes Group\Cimarron\Declaration 5.docx 3/31/2014 (jjf) #210061.014 CA CA E6 · 10 T23N R5E W 1/2 NE 4th St. C 0 CA CA +-' s.le. t ~~ R-10 CA NE 4th St. CA R-1 NE .3rd et. Ci CA R-10 R-10(P) "' R-10 RMH CP) I -0 RCCP) ~ ZONING ~ = 11!QINICAL saVICBS R-clO G6 • 22 T23N RSE W 1/2 ----Bea.toll Cit,, Um"- !------~-----< R-8 R-8 !'<Cl / ... R~8:z; .. ··.R'-'8 .. Q.J ~···· -0 -Q.J ·- SE 142nd St. 0 .::, rr F6 15 T23N R5E W 1/2 S31S 2. ENVIRONMENTAL REVIEW Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on November 20, 2006, the Environmental Review Committee issued a Determination of Non-Significance - Mitigated (DNS-M) for the Bremerton Townhomes project. The DNS-M included 6 mitigation measures. A 14-day appeal period commenced on November 27, 2006 and ended on December 11, 2006. No appeals of the threshold determination were filed. 3. COMPLIANCE WITH ERC MITIGATION MEASURES Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measures with the Determination of Non-Significance -Mitigated: 1. The applicant shall comply with the recommendations found in the geotechnical report prepared by Earth Solutions NE, LLC, dated July 19, 2006. 2. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction Permits. This condition shall be subject to the review and approval of the Development Services Division. 3. The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual to meet both detention (Conservation Flow control -a.k.a. Level 2) and water quality improvements. 4. The applicant shall pay a Parks Mitigation Fee based on $530.76 per each new single family lot. 5. The applicant shall pay a Traffic Mitigation Fee in the amount of $75 for each new net daily trip prior to the recording of the final plat. It is anticipated that the proposed project would result in the payment of $9,991.50 (152 net new daily trips x $75 = $9,991.50). 6. Staff recommends that the applicant pay a Fire Mitigation Fee based on $388.00 per new single family lot prior to the recording of the final plat. The fee is estimated at $9,312 ($388 x 24 = $9,312). ~ ~ (~ Iii~ 1~_ "' w ::,; z 0 ::5 I z 0.. 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IN ACCORDANCE WITH WSDOT STANDARD PLAN J-40.10-02. ANY JUNCTION BOX PLACED Wl!HIN SIOlWAI.K OR l)t<:IV[WAY SHALL HAVE ANTI-SKID l.10 AND FRAME. 3. INSTALL ALL FOUN0ATIONS, UGI-IT STANDARDS, UJMINAIRES. JUNCTION BOXES PER POL[ SCH!::DULE AND CITY STANDARD DETAILS ON SHEETS IL2 AND IL3 4 INSTALL ALL CONDUI I AND WIRING PER WIRING SCHEDULE AND CITY STANDARD DETAILS ON SH[[TS ll2 ANO IU. CONSTRUCTION NOTES 0 (,) INSTALL FOUNDATION AND ELECTRICAL SERVICF CABINFT AT INTERIOR PUBLIC SlRt.LT. STA. 1+60 4. 77.!i' U US[ CITY STANDAHD DLIA!L.S 122.1 AND 126.1 LAO[L CABINET AS #0148. COORDINATE WITH PUGET SOUND t:NERGY (PSE) FOR ELECTRICAL POINT OF SERVICE ROUTE SERVICE ENTRANCE CONDUIT AND CONDUCTORS TO POINT OF SERVICE PER PSE REQUIREMENTS. COORDINATE WITH PSE FOR SERVICE CONNECTION. I RECORD DOCUMENT _____________ ] ! BY DATE u 13oao1crz_ ! RECOMMENDED FOR APPROVAL laYU~ BY/ l1p/JJ. DATE DATE---- BY DATE HIE HERMAN TRAFFIC ENGINEERING I 5324 SouthPast 133rd Court, Renton, Washingwn 98059 425-277-1740 tel. 425·277-5718 fax hte@comcast.net