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Home My WebLink AboutRC 20160307000894 • ORIGINAL Electronically Recorded Electronically Recorded 20160307000894 SIMPLIFILE AMND 76.00 Page 001 of 004 03/07/2016 02:24 • When Recorded,Return to: King County,WA City Clerk City of Renton 1055 S.Grady Way Renton,Washington 98057 • • 1ST AM • insoi Document Title: Amended and Restated Use Restriction Covenant Grantor: Reserve at Renton Partners LLLP Grantee: City of Renton • Legal Description: PARCEL D OF CITY OF RENTON BOUNDARY LINE ADJUSTMENT NO. LUA-99-062-LLA,AS RECORDED ' UNDER RECORDING NO.9905129006,RECORDS KING COUNTY. • SITUATE IN THE CITY OF RENTON,COUNTY OF KING, STATE OF WASHINGTON. Assessor's Property Tax Account Number: 182305-9238-03 • Related Documents: 20140730001288 This instrument filed for record by First American Title Insurance Company • As an accommodation only,it has not • Been examined as to its execution or • As to its effect upon the title 1 • When Recorded,Return to: City Clerk City of Renton 1055 S.Grady Way Renton,Washington 98057 1STAM U-15? Document Title: Amended and Restated Use Restriction Covenant Grantor: Reserve at Renton Partners LLLP Grantee: City of Renton Legal Description: PARCEL D OF CITY OF RENTON BOUNDARY LINE ADJUSTMENT NO. LUA-99-062-LLA,AS RECORDED UNDER RECORDING NO. 9905129006, RECORDS KING COUNTY. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. Assessor's Property Tax Account Number: 182305-9238-03 Related Documents: 20140730001288 This instrument filed for record by First American Title Insurance Company As an accommodation only,it has not Been examined as to its execution or As to its effect upon the title 1 AMENDED AND RESTATED USE RESTRICTION COVENANT This Amended and Restated Use Restriction Covenant is being recorded in the real property records of King County, Washington, in satisfaction of the requirements of Renton Municipal Code 4-1-160.F.1.a, and in accordance with the Fair Housing Act, 42 U.S.C. §§ 3601-3631, as it exists or may be amended("FHA"). The undersigned, owner ("Owner") of the property described on page 1 of this covenant (the "Property"), executed and filed for record that certain Use Restriction Covenant dated July 25, 2015, and filed under Recording No. 20140730001288, records of King County, Washington ("Original Covenant")to restrict occupancy of the units within the Reserve at Renton Apartments that it has developed on the Property. Owner and the City of Renton have agreed the Original Covenant is more restrictive than the requirements of the FHA and desire to amend and restate the covenant to be consistent with the FHA. NOW, THEREFORE, the undersigned hereby covenants, agrees, and declares that all of the Reserve at Renton Apartments are, and will be, held, sold, and conveyed subject to and burdened by the following restrictive covenant: 1. Senior Affordable Units. Owner shall market all of the apartments within the Reserve at Renton as housing for seniors. 2. Payment of School Impact Fees. In the event that, at any time, any one or more of the units include residents who are school age (kindergarten through grade 12) children, Declarant shall be required to pay a school impact fee pursuant to RMC 4-1-160, as it exists or may be amended, at the rate then in effect, for each unit occupied by one or more school age children. 3. Non-Waiver. No waiver of any breach of this Amended and Restated Use Restriction Covenant shall constitute a waiver of any other breach, whether of the same or any other covenant,condition, or restriction. 4. Binding Effect. This covenant shall run with the land until July 31, 2054, unless sooner terminated by mutual written agreement of the Owner and the City of Renton. It shall thereafter terminate of its own accord without any further action required of any party. Until termination, this covenant shall bind the Owner and the Owner's heirs, personal representatives, successors in interest and assigns to the Property. If a violation of this covenant occurs, the City of Renton shall, prior to taking any enforcement action, provide the then current owner of the Property written notice of such violation at the mailing address in the King County Assessor 2 records respecting the Property, and the owner shall thereafter have thirty (30) calendar days to cure the violation or pay the required school impact fee, as set forth in section 2 above. 5. Termination of Original Covenant. The Original Covenant is hereby terminated and of no further force or effect. Dated this 10.‘ day of March,2016. OWNER: RESERVE AT RENTON PARTNERS LLLP, a Washington limited liability limited partnership By: Reserve at Renton GP LLC, a Washington limited liability company Its: Administrative General Partner By: AVS Holdings,LLC, a Florida limited liability company Its: Sole Member By: Christopher Santoro,Manager [notary on following page] SEE ATIROIED CERTIFICATE GATE 3- -2a!6 NOTARY INRIAIS,P 3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of Orange On z/of M ' chi / �/d before me, J)n 5 rcteeen ia.c'& ,, Notary Public, personally appeared Clic i rL ,Lt C 5'd4_-t0ro who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s 416.re subscribed to the within instrument and acknowledged to me that 4ahe/they executed the same it" er/their authorized capacity(ies), and that by s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I � � JAMES ECHTERNACH L (I) :3 irk COMM...2076906 r, V . NOTARY PUBLIC.CALIFORNIA —I m ORANGE COUNTY (&) Signature � My Term Exp.August 5,2018 _4 ADDITIONAL INFORMATION (OPTIONAL) DESCRIPTION OF THE NOTARY PUBLIC ATTACHED DOCUMENT CONTACT INFORMATION .QwcEur7� gtoatel Ose R65tnG' The UPS Store (Title or description of attached document) 668 N Coast Hwy vEy - Laguna Beach,CA 92651 (Title or description of attached document continued) 949-494-4420 tel Number of pages 3 Document Date 03-1-2O/, 949-494-9850 fax store0120@theupsstore.com (Additional information) www.TheUPSStoreLocal.com/0120