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HomeMy WebLinkAboutRC 20021122000059 • R . • r AFTER RECORDING RETURN TO: City. Clerk's Office City of Renton - - 1055 S. Grady Way I liii!11 11 11 11 1 11 11 11 111111 11 Renton, WA 98055 20021122000059 CITY OF RENTON DPC 48.00 PAGE 001 OF 027 11/22/2002 08:31 KING COUNTY, WA Reference Number of Related Document: N/A Grantor: CQ Enterprises,Inc. Grantee: The Public Abbreviated Legal Description: Lots 1 through 18 of the Plat of Brookridge recorded in the Office of the King County Auditor under file number200 .2 //e2_ . Assessor's Property Tax Parcel: 334510-0031-09 and 334210-3538-04 D 0 0 oS crt tint c=r DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS OF BROOKRIDGE Developer, as the owner in fee of real property legally described in Exhibit A attached to this Declaration ("Property"), hereby covenants, agrees and declares that all of the Lots and Common ••,ea Areas within the boundaries of the Property and all houses, structures and other improvements constructed on or within the Property are and will be held, sold and conveyed subject to this Declaration, which is made for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property for the benefit of all of the Lots and their owners. The covenants, restrictions, reservations and conditions contained in this Declaration shall run with the land as easements and equitable servitudes, and shall be binding upon the Lots and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any Lot, and upon their respective heirs, successors and assigns. This Declaration and its exhibits consist of 27 pages, including these title pages. DEVELOPER: CQ ENTERPRISES, INC. t �ames D. Chapman, its President Date: /VD✓ /¢ ,2002 L_ , • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that James D. Chapman 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 President of CQ ENTERPRISES, INC., a corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated this I L. 1 day of I JyYe 1 Pf' 2002. AIAA,t - VY1A KI tb2-. h- heAn :.4.0o r l i. (print or type name) utr, '� :` ;1 Y • ' NOTARY PUBLIC in and for the State of • _ r••" xWashington,residing at(j� ezze (KIR OA C=t ` . 2 - My C m ission expires: '4 ',�;. ;4a `� (2 7/00S C%-a, [Seal or Stamp] TABLE OF CONTENTS ARTICLE ONE: DEFINITIONS 1 ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION 2 Section 2.1: Development Period. 2 Section 2.2: Purpose of Development Period. 3 Section 2.3: Authority of Association After Development Period. 3 Section 2.4: Delegation of Authority. 3 ARTICLE THREE: MEMBERSHIP 3 ARTICLE FOUR: VOTING RIGHTS 3 ARTICLE FIVE: PROPERTY RIGHTS IN COMMON AREAS 3 ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES 4 Section 6.1: Standard of Maintenance—Common Areas 4 e'" Section 6.2: Standard of Maintenance—Lots and Planting Strips 4 a Section 6.3: Standard of Maintenance—Native Growth Protection Areas 4 a Section 6.4: Standard of Maintenance—Ten-Foot Buffer Easement at Top of Slope 4 c3 Section 6.5: Remedies for Failure to Maintain 4 Section 6.6: Common Expenses. 5 cv ARTICLE SEVEN: ASSESSMENTS 6 Section 7.1: Types of Assessments 6 Section 7.2: Determination of Amount. 6 Section 7.3: Certificate of Payment. 6 Section 7.4: Special Assessments. 6 Section 7.5: Fines Treated as Special Assessments. 6 ARTICLE EIGHT: COLLECTION OF ASSESSMENTS 7 Section 8.1: Lien—Personal Obligation. 7 Section 8.2: Delinquency. 7 Section 8.3: Suspension of Voting Rights. 7 Section 8.4: Commencement of Assessments 7 Section 8.5: Enforcement of Assessments. 7 ARTICLE NINE: BUILDING USE AND ARCHITECTURAL RESTRICTIONS 8 Section 9.1: Development Period. 8 Section 9.2: Authority of ACC After Development 8 Section 9.3: Delegation of Authority of ACC 8 Section 9.4: Appointment of ACC 8 Section 9.5: Approval by ACC Required. 8 Section 9.6. Temporary Structures Prohibited. 10 i 1 � Section 9.7: Nuisances. 10 Section 9.8: Limitation on Animals. 10 Section 9.9: Limitation on Signs 10 Section 9.10: Completion of Construction Projects 10 Section 9.11: Unsightly Conditions. 11 Section 9.12: Antennas, Satellite Reception. 11 Section 9.13: Setbacks. 11 Section 9.14: Roofs 11 Section 9.15: Minimum Size 11 Section 9.16: No Manufactured Housing 11 Section 9.17: Fences. Walls. 11 Section 9.18: Residential Use Only: Home Businesses Limited. 11 Section 9.19: Underground Utilities Required 12 Section 9.20: Parking of Vehicles 12 Section 9.21: [Intentionally Left Blank]. 13 Section 9.22: Enforcement 13 ARTICLE TEN: PRIVATE TRACTS AND EASEMENTS 13 Section 10.1: Tracts for Private Streets;Private Street on Public Utilities Easement 13 cm Section 10.2: Public Utilities Easement on Lot 2 13 Section 10.3: Private Storm Drainage Easement of Lots 2,3 and 4. 14 0 Section 10.4: Buffer Easement. 14 Section 10.5: Easement for Encroachments 14 cr. Section 10.6: Easements in Exterior Lot Lines 14 Section 10.7: Association's Easement of Access 14 `r Section 10.8: Easement for Developer 14 , ARTICLE ELEVEN: MORTGAGE PROTECTION 15 o Section 11.1: Mortgagees 15 'a Section 11.2: Liability Limited. 15 Section 11.3: Mortgagee's Rights During Foreclosure 15 Section 11.4: Acquisition of Lot by Mortgagee 15 Section 11.5: Reallocation of Unpaid Assessment. 15 Section 11.6: Subordination 15 Section 11.7: Mortgagee's Rights 15 Section 11.8: Limitation on Abandonment of Common Areas 16 Section 11.9: Notice 16 ARTICLE TWELVE: MANAGEMENT CONTRACTS 16 ARTICLE THIRTEEN: INSURANCE. 16 Section 13.1: Coverage. 16 Section 13.2: Replacement,Repair After Loss. 17 ARTICLE FOURTEEN: RULES AND REGULATIONS 17 ARTICLE FIFTEEN: REMEDIES AND WAIVER 17 Section 15.1: Remedies Not Limited. 17 11 • • I Section 15.2: No Waiver 17 ARTICLE SIXTEEN: GENERAL PROVISIONS 18 Section 16.1: Singular and Plural 18 Section 16.2: Severability. 18 Section 16.3: Duration. 18 Section 16.4: Perpetuities 18 Section 16.5: Attorney's Fees, Costs and Expenses. 18 Section 16.6: Method of Notice. 18 Section 16.7: Enforcement of Declaration. 18 Section 16.8: Successors and Assigns. 18 Section 16.9: Exhibits. 19 ARTICLE SEVENTEEN: AMENDMENT AND REVOCATION 19 Section 17.1: Exclusive Method. 19 Section 17.2: Amendment by Developer. 19 Section 17.3: Voting. 19 Section 17.4: Effective Date. 20 Section 17.5: Protection of Developer. 20 EXHIBITS 4:=1. Exhibit A: Legal Description of Property A-1 Exhibit B: Description of Common Areas B-1 0 C"4 C••4 cv, c= cv iii DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS OF BROOKRIDGE ARTICLE ONE DEFINITIONS For purposes of this Declaration, the Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings,which are as follows: 1. "ACC" shall mean the Architectural Control Committee, as described in Section 9.4. 2. "Articles" shall mean the Association's Articles of Incorporation and any amendments. 3. "Association" shall mean the homeowners association formed as a nonprofit corporation for the purpose of administering this Declaration. Lc,. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the C=1'. Association. czp C73, 5. "Bylaws" shall mean the Association's Bylaws and any amendments. 6. "Common Areas" shall mean those portions of the Property in which the .�—. Association and/or the Owners of the Lots have been granted, or hereafter will be granted, an ownership interest or other right of control, by written instrument. The Common Areas CNI car established as of the date hereof are depicted on Exhibit B attached hereto. Baa •N 7. "Common Expenses"are defined in Section 6.6. 8. "Declaration" shall mean this Declaration of Protective Covenants, Conditions, Easements&Restrictions. 9. "Developer" shall mean CQ Enterprises, Inc., or any persons or entities to which it assigns its rights as Developer, or succeeds to its interest. 10. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100%of the Lots have been sold by the Developer or any shorter period, as determined by the Developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the Development Period. 11. "Lot" shall mean any legal lot upon which a Residence may be constructed, created from time to time by a legal subdivision of any portion of the Property, boundary line adjustment or otherwise, but excluding all Tracts and those roads, streets and other land or improvements within the Property that are dedicated to the public. 1 12. "Member" shall mean every person or entity that holds a membership in the Association. 13. "Mortgage" shall mean any first lien mortgage or first lien deed of trust deed encumbering a Lot and given for the purpose of funding the construction, purchase and/or improvement of a Residence and/or a Lot. 14. "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company or state or federal agency which holds a Mortgage. 15. "NGPA" shall mean Native Growth Protection Area. 16. "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the Owner. 17. "Person" shall mean a natural person, a corporation, a partnership, trustee or other cm legal entity. tan ea. 18. "Property" shall mean that certain land legally described on Exhibit A attached hereto and such additions thereto as hereafter may be subjected to the terms of this CNE Declaration. cr •— 19. "Residence" shall mean the house or other principal residential building located on a s— Lot. e r 20. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument or transfer such as a deed or real estate contract. 21. "Structure"shall mean any Residence,building, fence,wall, driveway,patio, garage, storage shed, carport, mailbox, swimming pool, barbecue pit, rockery, dog run or any other structure or improvement of comparable scope or scale to any of the foregoing. ARTICLE TWO MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section 2.1: Development Period. During the Development Period, the Association, the Architectural Control Committee (ACC), and all Common Areas shall, for all purposes, be under the management and administration of the Developer. During the Development Period, the Developer shall appoint the three directors of the Association, and may appoint any persons the Developer chooses as directors. At the Developer's sole discretion, the Developer may appoint Members to such committees or positions in the Association as the Developer deems appropriate, to serve at the Developer's discretion and may assign such responsibilities, privileges and duties to the Members as the Developer determines, for such 2 time as the Developer determines. Members appointed by the Developer during the Development Period may be dismissed at the Developer's discretion. Section 2.2: Purpose of Development Period. The Developer's control of the Association during the Development Period is established in order to ensure that the Property and the Association will be adequately administered in the initial phases of development, to ensure an orderly transition of Association operations, and to facilitate the sale of Lots to homebuilders for the completion of construction of Residences. Section 2.3: Authority of Association After Development Period. At the expiration of Developer's management authority, the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Declaration. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in Article Nine below. Section 2.4: Delegation of Authority. The Board of Directors or the Developer may 4w^A delegate any of its managerial duties, powers, or functions to any person, firm, or uc* corporation. The Board and the Developer shall not be liable for any breach of duty, cs x negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors or the Developer. ARTICLE THREE MEMBERSHIP Every person or entity who is an Owner agrees to be a Member of the Association by . acceptance of a deed for its Lot. Membership may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws. ARTICLE FOUR VOTING RIGHTS Members shall be entitled to one vote for each Lot owned by it. No more than one vote may be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws. Members' votes may be solicited and tabulated by mail, electronic mail or facsimile. ARTICLE FIVE PROPERTY RIGHTS IN COMMON AREAS The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on the Common Areas and the buffer easement referred to in Section 6.4, except where such maintenance is the responsibility of a Lot Owner as set forth 3 in this Declaration. The Association shall have the exclusive right to use and manage the Common Areas in a manner consistent with this Declaration,the Articles and the Bylaws. ARTICLE SIX MAINTENANCE AND COMMON EXPENSES Section 6.1: Standard of Maintenance — Common Areas. The Common Areas shall be maintained by the Association in a manner consistent with good building, construction, repair and landscaping practices and in compliance with all applicable codes and regulations. Section 6.2: Standard of Maintenance — Lots and Planting Strips. Each Owner hereby covenants and agrees to maintain its respective Lot, the Structures located on its Lot and any strip of land located between the paved street or sidewalk adjacent to Owner's Lot in the same condition as a reasonably prudent homeowner would maintain such person's own home and property so that the Lot and the Structures located thereon will reflect a high pride of ownership. Each Owner shall perform at its expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on its Lot, except for those drainage facilities that are expressly the responsibility of the Association as set i°'' forth in this Declaration. ca. c=. CD Section 6.3: Standard of Maintenance—Native Growth Protection Areas. The Association C.41 is responsible for the care of Tract D and Tract E. Tract D and Tract E are the timbered, steeply-sloped, environmentally sensitive portions of the Property designated as a Native cx Growth Protection Area (NGPA). The NGPA is subject to governmental controls and restrictions that require the Association to maintain, preserve, and protect the wildlife and CN,, habitat areas therein. No hunting, cutting of trees, or disposal of debris are permitted within the NGPA, except that the Association may take remedial and preventive measures •- necessary to maintain the stormwater outfall line that traverses Tract E and remove any trees that are deemed by the City of Renton to be a danger to Owners or to the public. Section 6.4: Standard of Maintenance—Ten-Foot Buffer Easement at Top of Slope. A ten- foot wide buffer easement has been granted to the Association upon and along the rear of Lots 2 through 14. The Owner of each of these Lots hereby covenants and agrees to maintain that portion of the easement that lies within the respective Owner's lot free and clear of trash or debris and to abide by the restrictions set forth herein. No clearing or grading shall occur within the easement, except that, to the extent permitted in writing by the City of Renton, native vegetation may be removed and replaced with soil stabilizing plants. No construction of structures such as fences or sheds shall be permitted within the easement without the prior written approval of the City of Renton. Representatives of the Association when authorized by the Board of Directors shall have the right to enter upon the easement area to inspect the condition of the ten-foot wide buffer and to ascertain if maintenance or restoration measures are required in order for the Owner to remain in compliance with this Section 6.4. Section 6.5: Remedies for Failure to Maintain. If any Owner shall fail to maintain its Lot or the Structures located thereon in accordance with the requirements of Section 6.2 and Section 6.4 above, the Association may notify the Owner in writing of the maintenance required. If the maintenance is not performed by the Owner within thirty (30) days of the 4 • date notice is delivered, the Association shall have the right to enter upon the Lot to provide such maintenance, and to levy an assessment against the non-performing Owner and its Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in Article Eight below. In the event that emergency repairs are needed to correct a condition on a Lot which poses a substantial risk of injury or significant property damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Owner of the Lot where the repairs are necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Owner, may be collected by the Association in the manner provided for herein notwithstanding the failure of the Association to give the Owner the thirty (30) day notice. Section 6.6: Common Expenses. The Association shall perform such work as is necessary to carry out the duties and obligations described in this Declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Owners and shall be referred to as "Common Expenses." The Common Expenses shall be paid by the o Association from funds collected from assessments paid by Owners. The Common `" Expenses shall include,but shall not be limited to,the following: (-4 a. The real property taxes levied upon the Association for the Common Areas; C`''' b. The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC; c. The cost of maintaining, repairing and replacing all Common Area improvements, including, but not limited to, drainage facilities, access roads, signs, lights, fences, walls, street signs, open space tracts, plantings and landscaping (if not maintained by applicable governmental jurisdictions); d. The cost of maintaining the storm drain lines within Tract A, Tract B, Tract C, and the Public Utilities Easement on Lot 2, the detention vault on Tract A, the stormwater outfall line across Tract E to May Creek, and the part of the storm drainage system that lies on King County Parks property lying between the south line of Tract E and NE 31st Street; e. The cost of operating and maintaining the drainage lines in the Private Storm Drainage Easement located on Lots 2, 3 and 4; f. The cost of operating and maintaining street lighting for the Property in the event the City of Renton has not assumed responsibility.; 5 g. Any other expense which shall be designated as a Common Expense in this Declaration or from time to time by the Association. ARTICLE SEVEN ASSESSMENTS Section 7.1: Types of Assessments. Each Lot shall be subject to monthly or annual assessments or charges, and certain special assessments, in an amount to be determined by the Association. Section 7.2: Determination of Amount. The Board of Directors of the Association shall determine the amount of assessments necessary to pay Common Expenses. The amount of assessments may be increased or decreased periodically as may be necessary to provide for payment of the Common Expenses. The amount of such assessments shall be equal for all Lots. There shall be no assessment for Lots owned by Developer, without the consent of the Developer. The Association may create and maintain from assessments a reserve fund for replacement of those Common Area improvements that can reasonably be expected to require maintenance or replacement. Written notice of all assessments shall be given to each Owner. If the Board fails to fix an assessment for a fiscal year, the assessment shall be automatically continued at the sum previously set by the Board until such time as the Board urr, acts. CCI Section 7.3: Certificate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall car be conclusive evidence of payment of any assessment stated to have been paid. Section 7.4: Special Assessments. In addition to the assessments authorized above, the o` Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only for the purpose of defraying the cost of any construction or reconstruction and unexpected repair or replacement of facilities in the Common Areas. The Association may, at any time so designated by the Board of Directors, levy a special assessment against all Lot Owners to cover the Association's unreimbursed costs of providing repairs and/or maintenance that are the responsibility of an individual Lot Owner or group of Lot Owners pursuant to the provisions of Section 6.2 and Section 6.4 herein above. However, the Developer shall not be obligated to pay any special assessments on Lots owned by the Developer. Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require approval of sixty- seven percent(67%)of the Members. Section 7.5: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64.38 (or successor statute authorizing the imposition of fines) shall be treated as a special assessment of the Owner fined, and may be collected by the Association in the manner described in Article Eight below. 6 • ARTICLE EIGHT COLLECTION OF ASSESSMENTS Section 8.1: Lien—Personal Obligation. All assessments,together with interest and the cost of collection, shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas or abandonment of the Lot. Section 8.2: Delinquency. If any assessment is not paid within thirty(30) days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum of interest that can be charged by law, then the highest permissible rate as provided for by the law. A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Owner hereby expressly grants to the Association or its agents, thecrt- authority to bring all actions against each Owner personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the czz enforcement of such liens, including foreclosure by an action brought in the name of the 4=3 Association in a like manner as a mortgage of real property, and such Owner hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association, and shall be for the •-- benefit of the Association. The Association shall have the power to bid at a foreclosure sale and to acquire,hold, lease,mortgage and convey any Lot obtained by the Association. Cr Section 8.3: Suspension of Voting Rights. In the event any Owner shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty(30) days,the Owner's right to vote as a Member shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Owners as may be provided in the Articles, Bylaws or this Declaration. Section 8.4: Commencement of Assessments. The assessments may commence as to each Lot(except Lots owned by the Developer) upon the initial conveyance of the Lot. The first assessment on any Lot shall be adjusted according to the number of days remaining in the month. At the time of each initial sale, the Developer may collect from each Purchaser an amount equal to one year's assessment for the Association,to be placed in the Association's account. Any interest earned by the Association on assessments held by it shall be to the benefit of the Association. Section 8.5: Enforcement of Assessments. The Board may take such action as is necessary, including the institution of legal proceedings,to enforce the provisions of this Article. In the event the Board begins an action to enforce any such rights, the prevailing party shall be 7 entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in Section 16.5. ARTICLE NINE BUILDING USE AND ARCHITECTURAL RESTRICTIONS Section 9.1: Development Period. The Developer hereby reserves the right to exercise any and all powers and controls herein given to the Board of Directors,the ACC or its authorized representative in this Article of the Declaration, during the Development Period. This reserved right shall automatically terminate at the end of the Development Period, or when the reserved right is relinquished to the Board of Directors or the ACC of the Association. Section 9.2: Authority of ACC After Development. At the expiration of the Developer's management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Five herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all the authority granted to the ACC by this Declaration. Section 9.3: Delegation of Authority of ACC. The ACC or the Developer may delegate any A• of its duties, powers, or functions described in this Article to any person, firm, or corporation. csr Section 9.4: Appointment of ACC. There shall be three members of the ACC, chosen in the manner described in the Articles and Bylaws. At least two of the three members of the ACC shall also be on the Board of Directors. The Board shall appoint the members of the ACC. cv, If the Board fails to appoint the members of the ACC,or the members of the ACC resign and no replacements assume the office, the Board shall act as the ACC until members of the ACC are appointed and take office. Section 9.5: Approval by ACC Required. Except as to construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no Structure shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such Structure have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any Structure including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. The following provisions apply with respect to obtaining the approval of the ACC: a. Time Limits. If the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thirty(30) days following the date of 8 the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC, or by mail three days after deposit in the U.S. Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment issued by the Board, or at such other address as is designated by the Board by written notice to the Owners. b. Guidelines. The ACC may adopt and amend, subject to approval by the Board, written guidelines to be applied in its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering the Property. If such guidelines are adopted, they shall be available to all interested parties upon request. crk c. Meetings. The ACC shall meet as is necessary to review any plans or ar specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise. d. No Waiver. Approval by the ACC of any plans, drawings or specifications (NI shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. e. Consultation. The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the ACC for review. f. Appeals. After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeals and provide time limitations for appeals to be made to the Board. g. Enforcement. The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board. h. No Liability. The ACC, its agents and consultants shall not be liable to the Association, to any Owner or to any other person for any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or 9 prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC. i. Fees. The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board. Section 9.6: Temporary Structures Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any other Structure of a temporary or moveable character erected or placed on a Lot shall at any time be used as living quarters except as specifically authorized by the ACC. Section 9.7: Nuisances. No noxious or undesirable thing, activity or use of any Lot shall be permitted or maintained. If the ACC shall determine that a thing, activity or use of a Lot is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64.38,to abate any activity,remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance. Section 9.8: Limitation on Animals. No animal, livestock or poultry of any kind shall be cair raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not Uri kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a residential community. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Any dogs cv must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration. Section 9.9: Limitation on Signs. No sign of any kind shall be displayed to public view on (NI any Lot, except one sign, not to exceed 24 inches x 24 inches, advertising the Lot (where posted) for sale or rent by the Owner, or the Owner's agent. In addition to other rights reserved to the Developer in the Declaration,the Developer hereby reserves for itself so long as it owns any Lot,the right to maintain upon the Property such signs as in the opinion of the Developer are required, convenient or incidental to the merchandising and sale of the Lots. All other signs except as described above shall only be displayed to public view after written approval of the ACC, its authorized representative, or the Developer. Section 9.10: Completion of Construction Projects. The work of construction of all Structures shall be pursued diligently and continuously from commencement of construction until the Structures are fully completed and painted. All Structures shall be completed as to external appearance, including finish painting, within eight months of the date of commencement of construction, except such construction as is performed by the Developer, which shall be exempt from the limitations contained in this Section. Front yard landscaping must be completed within 90 days of completion of a Residence, and rear yard landscaping must be completed within two years of completion of a Residence. Except with the approval of the ACC, no person shall reside on any Lot until such time as the Residence to be erected thereon in accordance with the plans and specifications approved by the ACC have been completed. 10 Section 9.11: Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, junk or other debris, inappropriate, broken or damaged furniture or plants, nondecorative gear, equipment, cans, bottles, ladders, trash barrels and other such items. No awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Residence or other Structure unless prior written approval shall have been obtained from the ACC. Section 9.12: Antennas, Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Lots if the ACC approves the location of the satellite dish in the manner described in Section 9.5. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be erected on the exterior of any home without approval of the ACC obtained pursuant to Section 9.5, and a showing by the Owner that such installation will be substantially shielded from view of the residents traveling upon streets located on the Property. Section 9.13: Setbacks. No Residence or other building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Property. can: iarr c=et Section 9.14: Roofs. Roofs on all buildings must be finished with materials approved for use by the ACC or its authorized representatives. More than one type of material may be oapproved. I. Section 9.15: Minimum Size. The floor area of any Residence exclusive of any open porches and garages shall not be less than 2,500 square feet. ca Section 9.16: No Manufactured Housing. Manufactured housing is expressly prohibited. •C".` Section 9.17: Fences. Walls. In order to preserve the aesthetics of the Property, no fence, wall or hedge shall be erected or placed on any Lot unless prior written approval has been obtained from the ACC. Unless otherwise permitted by ACC in its sole discretion, fences shall not be installed in front of Residences. Fences installed along the sides of a Lot shall be recessed at least ten (10) feet behind the principal front facade of the Residence on such Lot. Any fence of any size constructed on the Property, whether visible to the other Lots or not, must be constructed and painted (or stained, if applicable) in accordance with the Association guidelines for design and color. The initial color specified for fences shall be "natural". Any fence constructed which fails to conform to the guidelines shall be removed by the Owner, or modified to conform to the guidelines. The Board or the ACC may change these guidelines from time to time, and, upon adoption of a change in the fence guidelines, this Article Nine shall be deemed to have been amended to conform to the new guidelines as adopted. Section 9.18: Residential Use Only: Home Businesses Limited. Except for Developer's temporary sales offices and model homes, no Lot shall be used for other than one detached single-family dwelling with driveway parking for not more than three cars. A trade, craft business, commercial or business or commercial activity ("Home Business") may be conducted or carried on within any building located on a Lot, provided that any goods, 11 materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored inside any building on any Lot and that they not be visible from the exterior of the home; nor shall any goods, used for private purposes and not for trade or business be kept or stored outside any building on any Lot. The provisions of this Section shall permit such Home Businesses to the extent permitted by applicable zoning laws and other government laws, regulations, rules and ordinances. Nothing in this Section shall permit(1)the use of a Lot for a purpose which violates law, regulations, rules or applicable zoning codes, or(2) Home Business activities that cause a significant increase in neighborhood traffic, or (3) modification of the exterior of the home. The Association may, from time to time, promulgate rules restricting the activities of Home Businesses located on the Lots pursuant to the authority granted to the Association under this Declaration,the Bylaws, and RCW Chapter 64.38. Section 9.19: Underground Utilities Required. Except for any facilities or equipment provided by the Developer or any authorized utility agency, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section 9.20: Parking of Vehicles. Except as hereinafter expressly provided, the Lots, Common Areas and/or streets located within the Property shall not be used for the storage and/or overnight parking of any vehicle, and each Owner shall use the garage constructed on L"*, its Lots for the parking and storage of its vehicles. Boats, boat trailers, house trailers, �` campers, trucks, trucks with a camper, or other recreational vehicles or similar object may c=, not be stored and/or parked overnight on any part of the Lots, Common Areas and/or streets csx located within the Property, except as specified herein. No inoperable vehicles of any kind shall be parked, stored,maintained, or constructed on any of the Lots, Common Areas and/or C•4. streets located within the Property unless stored in a garage. Notwithstanding the foregoing, a. One private family automobile, truck, motorcycle or commercial vehicle cx, operated by a person residing at the Lot (provided that such commercial -c"..) vehicle contains a single rear axle)may be parked on the driveway or on the street for up to 72 hours at a time. b. Private automobiles, trucks, motorcycles and commercial vehicles operated by guests or visitors of an Owner may be parked on the driveway or on the street for up to 72 hours at a time. c. An Owner that stores a recreational vehicle off-site may park the vehicle on the driveway, other unscreened area or on the street for no more than 48 hours for the purpose of preparing for departure or upon return, to facilitate preparation and return from travel; and d. Owners who have guests visiting them intending to stay in a camper, trailer, or other form of recreational vehicle, may secure written permission from the ACC for guests to park a vehicle upon the Lot or the public street adjacent to a Lot for a period of up to 72 hours, and not to exceed two weeks in any calendar year. The privilege shall only exist, however, after the 12 • written permission has been obtained from the ACC or its authorized representative. Section 9.21: Intentionally Left Blank. Section 9.22: Enforcement. The Association, or the Developer during the Development Period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64.38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article(although a Member may not impose a fine as authorized by RCW Chapter 64.38), but the member must first obtain an order from a court of competent jurisdiction entitling the Member to relief In the event that a Member takes action to enforce the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. ARTICLE TEN PRIVATE TRACTS AND EASEMENTS uc1 czz, Section 10.1: Tracts for Private Streets; Private Street on Public Utilities Easement. The c4 ownership of Tract B is vested in the Owners of Lots 2, 3, 4 and 5. Tract C is vested in the 0 c•,r. Owners of Lots 12, 13, 14, and 15. The paved roadway and curbs constructed by the Developer within Tract B and Tract C and the Public Utilities Easement on Lot 2 are the responsibility of the owners of these tracts. The costs of maintenance, repair, and general upkeep of said roadways and curbs in a) Tract B and the Public Utilities Easement, and b) cv Tract C shall be borne equally by the respective Owners. In the event the roadways and o curbs are not properly maintained and cared for, both the City of Renton and the Association (-4 are granted the right to conduct remedial measures to maintain or repair any deficiencies and charge the costs of such measures to the Tract Owners. The remedies for collection of any unpaid charges shall apply as provided in Article Eight of this Declaration. Tract B and Tract C are subject to sanitary sewer and water easements in addition to the rights of the Association, the City of Renton, and utility companies to enter upon the tracts to operate, maintain and repair those underground utilities providing service to the subdivision and to the Lots. Tract B is designated as a non-exclusive easement to the Association, the City of Renton and the Coal Creek Utility District to provide ingress and egress to and from Tract A. Section 10.2: Public Utilities Easement on Lot 2. Lot 2 is subject to the Public Utilities Easement as delineated on the Plat of Brookridge recorded in the Office of the County Auditor, King County, Washington. The Public Utilities Easement is granted to the Brookridge Homeowners' Association, the authorized purveyors of public utility services to the Lots and Tracts, and to their respective successors and assigns, for the purpose of operating, maintaining and repairing storm drain lines and underground utility facilities. The Easement is designated as a non-exclusive easement to the Association, said purveyors of public utility services, the City of Renton and the Coal Creek Utility District to provide ingress and egress to and from Tract A. 13 • Section 10.3: Private Storm Drainage Easement on Lots 2, 3 and 4. Lots 2, 3 and 4 are subject to the Private Storm Drainage Easement as delineated on the Plat of Brookridge recorded in the Office of the County Auditor, King County, Washington. The Easement is granted to the Association for the purpose of operating, maintaining and repairing the drain lines located within the Easement. The City of Renton has the right to enter upon the Easement to observe and inspect the drainage lines to determine if said lines are properly maintained and cared for by the Association. In the event that the Association is negligent in its responsibility, the City may conduct remedial measures to maintain or repair any deficiencies and charge the costs of such measures to the Association. Section 10.4: Buffer Easement. The ten-foot wide Buffer Easement on the rear of Lots 2 — 14 as delineated on the Plat of Brookridge recorded in the Office of the County Auditor, King County, Washington, is granted to the Homeowners' Association. Article Six, Section 6.4, in this Declaration sets forth the restrictions imposed by the easement and the responsibility for maintenance. Section 10.5: Easement for Encroachments. Each Lot is, and the Common Areas are, subject to an easement for encroachments created by construction settlement and overhangs as designed or constructed by the Developer, and to a valid easement for encroachments and idrt for maintenance of the same as long as the improvements remain. C=V Section 10.6: Easements on Exterior Lot Lines. In addition to easements shown by other c'' instruments of record, easements for utilities and drainage are reserved for the Developer�..�, or g P its assigns, over a five-foot wide strip along each side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over, under, and upon the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage or interfere with the •__ installation and maintenance of utilities, or which may obstruct or retard the flow of water civ through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible. Section 10.7: Association's Easement of Access. The Association,the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) cleaning, maintenance, or repair of any home or Lot as provided in Article Six of this Declaration; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d)cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do: and (e) all acts necessary to enforce this Declaration. Section 10.8: Easement for Developer. Developer shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Property. 14 • ARTICLE ELEVEN MORTGAGE PROTECTION Section 11.1: Mortgagees. Notwithstanding and prevailing over any other provisions of this Declaration,the Articles or Bylaws, or any rules,regulations or management agreements,the provisions of this Article Eleven shall apply to and benefit each Mortgagee. Section 11.2: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge,nor for the observance or performance of any covenant, restriction, regulation, rule, Article or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided. Section 11.3: Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote on Association matters as a Member to the exclusion of the Owner's exercise of such rights and privileges. max: Section 11.4: Acquisition of Lot by Mortgagee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms az and conditions of this Declaration, and the Articles, Bylaws, rules and regulations of the - I Association, including but not limited to the obligation to pay for all assessments and civ., charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of this Declaration which secure the payment of any assessment for charges accruedprior to the date the Mortgagee became entitled to possession of the Lot. g Section 11.5: Reallocation of Unpaid Assessment. If it is deemed necessary by the Association, any unpaid assessment against a Lot foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association. Section 11.6: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot and/or any Residences or other structures on such Lot as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. Section 11.7: Mortgagee's Rights. Any Mortgagee shall have the right on request therefor to: (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the Association within ninety (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meetings. 15 Section 11.8: Limitation on Abandonment of Common Areas. The Association shall not, without prior written approval of sixty-seven percent (67%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of such Common Areas. Section 11.9: Notice. If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Residence subject to its Mortgage or of any part of the Common Areas or facilities; (b) any condemnation or eminent domain proceedings involving a Lot subject to its Mortgage or any portion of Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by the Owner of a Lot subject to its Mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owned by the Owner of any Lot subject to its Mortgage, (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE MANAGEMENT CONTRACTS 1.411. ter: Each Member hereby agrees that the Association and the ACC may enter into agreements car for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate; however, any agreement for professional management of the Common Areas or Property, or any other contract providing for services by the Developer must provide for termination by either party without cause �-- after reasonable notice. CZr ARTICLE THIRTEEN C".4 INSURANCE Section 13.1: Coverage. The Association may purchase as a Common Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the Development Period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including Owners and Mortgagees that have requested notice. 16 Section 13.2: Replacement, Repair After Loss. In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds, contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the Common Areas shall require the approval of sixty- seven percent(67%) of the Association. The Association may in its sole discretion contract with any contractor for reconstruction or rebuilding of such destroyed portions of the Commons Areas. ARTICLE FOURTEEN RULES AND REGULATIONS The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Lots, the Common Areas and the balance of the Property and the personal conduct of the Owners and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter ark 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required byRCW Chapter 64.38. g q P o ARTICLE FIFTEEN C•41 L . REMEDIES AND WAIVER Section 15.1: Remedies Not Limited. The remedies provided herein, including those for cam. collection of any assessment or other charge or claim against any Owner for and on behalf of the Association,the ACC, or Developer,are in addition to, and not in limitation of, any other (-4 remedies provided by law. Section 15.2: No Waiver. The failure of the Association,the ACC, the Developer or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with this Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein,or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of this Declaration or of the Articles, Bylaws or rules or regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of this Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. 17 ARTICLE SIXTEEN GENERAL PROVISIONS Section 16.1: Singular and Plural. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed. Section 16.2: Severability. The invalidity of any one or more phrases, sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part hereof, all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if such invalid phrase, sentence,clause, paragraph,or section had not been inserted. Section 16.3: Duration. These covenants, restrictions, reservations and conditions of this Declaration shall remain in full force and effect for a period of twenty (20) years from the date hereof. Thereafter, they shall be deemed to have been renewed for successive terms of ten(10)years, unless revoked or amended as herein provided. Section 16.4: Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provision shall be construed as being void and of no effect as `x,, of twenty-one (21)years after the death of the last surviving incorporator of the Association, 0 or twenty-one (21) years after the death of the last survivor of all of the said incorporators' CP children and grandchildren who shall be living at the time this instrument is executed, CD whichever is later. C"1/41 N Section 16.5: Attorney's Fees, Costs and Expenses. In the event the Association, a Member or the Developer employs an attorney to enforce any provision of the Declaration, the Articles, Bylaws of the Association, or rules and regulations adopted by the Association, the o prevailing party in any action for enforcement shall be entitled to the award of reasonable N attorney's fees, costs and all expenses incurred in the action, whether determined by judgment, arbitration or settlement. Section 16.6: Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted by facsimile. Section 16.7: Enforcement of Declaration. This Declaration may be enforced by the Association, the Developer or the Owner of any Lot. Such enforcement may include the institution of legal proceedings to enforce compliance with or specific performance of any of the covenants or restrictions contained in this Declaration, rules and regulations adopted by the Association, or the provisions of the Articles or Bylaws. Section 16.8: Successors and Assigns. This Declaration binds and is for the benefit of the heirs, successors and assigns of the Developer and the Owners. 18 • 1 Section 16.9: Exhibits. All exhibits referred to in this Declaration are incorporated within it. ARTICLE SEVENTEEN AMENDMENT AND REVOCATION Section 17.1: Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section 17.2: Amendment by Developer. During the Development Period, the Developer may amend this instrument to make additional real property subject to this Declaration and to comply with the requirements of the Federal National Mortgage Association, Government National Mortgage Association, Veterans Administration or Federal Home Loan Mortgage Corporation by recording an acknowledged document setting forth specifically the provisions amending this instrument. The provisions of Section 6 and Section 10 relating to the obligations and responsibilities of the Association and/or its Members to maintain private streets, drainage facilities, the stormwater detention vault and outfall line to May Creek, and the ten-foot Buffer Easement shall not be amended without the express written approval of ccrs Ler, the City of Renton. Section 17.3: Voting. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or csr more of the Owners vote for such amendment, or without such meeting if all Owners are trka notified in writing of such amendment, and if sixty-seven percent (67%) or more of the R-. Owners vote for such amendment by written ballot. Notice of any proposed amendment c•Ne� shall be given to all Owners not less than ten (10) days prior to the date of the annual •cameeting or of any special meeting at which the proposed amendment shall be considered. •c=7 Notwithstanding any of the foregoing, fifty-one percent (51%) of all Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: a. Voting rights; b. Assessments, assessment liens and subordination of such liens; c. Reserves for maintenance,repair and replacement of Common Areas; d. Insurance or fidelity bonds; e. Responsibility for maintenance and repair; f. Contraction of the Property or the withdrawal of Lots, Common Areas or other property from the Property; g. The boundaries of any Lot; 19 • . t • 1 h. Leasing of Residences other than as set forth herein; i. Imposition of any restrictions on the right of an Owner to sell or transfer such person's Lot. k. Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 1. Restoration or repair (after hazard damage or partial condemnation) in manner other than that specified in this Declaration; m. Any action to terminate the legal status of the Property after substantial destruction or condemnation occurs; or n. Any provisions which are for the express benefit of Mortgagees. Any amendment to the provisions of Section 6 and/or Section 10 relating to the obligations and responsibilities of the Association and/or its Members to maintain private streets, drainage facilities,the stormwater detention vault and outfall line to May Creek, and the ten- foot Buffer Easement shall be subject to the express written approval of the City of Renton. urg czzl- Section 17.4: Effective Date. Amendments shall take effect only upon recording with the Recorder or Auditor of the county in which this Declaration is recorded. Section 17.5: Protection of Developer. For such time as Developer shall own Lots located �-- on the Property there shall be no amendments to this Declaration, the Articles, the Bylaws, or any Rules and Regulations adopted by the Association which: a. Discriminate or tend to discriminate against the Developer's rights; cv b. Change Article One ("Definitions") in a manner which alters the Developer's right or status; c. Alter the character and rights of membership or the rights of the Developer as set forth in Article Three; d. Alter its rights as set forth in Article Nine relating to architectural controls; e. Alter the basis for assessments, or the Developer's exemption from assessments; f. Alter the number or selection of Directors as established in the Bylaws; or g. Alter the Developer's rights as they appear under this Article. END OF DECLARATION PROVISIONS 20 • f . EXHIBIT A TO DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,EASEMENTS&RESTRICTIONS OF BROOKRIDGE Legal Description of Property: Lots 1 through 18 and Tracts A, B, C, D and E of the Plat of Brookridge, recorded in the Office of the County Auditor, King County, Washington, under file number �a v a// a 0000S8 • cis Leg Q rw cv s may, 1 A-1 1 • EXHIBIT B TO DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,EASEMENTS&RESTRICTIONS OF BROOKRIDGE Description of Common Areas: Tract A, Tract D and Tract E as shown on the drawing on this page are Common Areas as defined in the Declaration. Refer to the Plat of Brookridge as described in Exhibit A for the lines, dimensions and sizes of these Common Area tracts. 8 An I s . 1 NE 33RD R- — 1 CD N�:D.._.---'cos: 44 N STAFI POR� pC�s�stv % 15 1656APPDP� e Dg 83 e1 , eeee_ NE 33RD ST. V. 19 t0 I tr �g,I� V f6�. et S.8551.13"E 4...00' W.. 66 17 I6 Ie I 46 _: 17 I 60 I e6 5611;?5'08'E 14 U9 _ �1—N�67�0"0.313'WI 330.63' � S 6500'38'E 220.03' 16 t 5 121�0 Ems ' TND. I/O'RBC- OROUP 4 30450 no 1/� 122 I C' 0.16'N. TRACT A CROUP 4 30450' 18 17 �pGq E' 1413 m 1 CM, 8 AT CORNERS 1 't 13 ithip 125 •�Nr TND.2't 2'W000 STAXE 2 7,� .$ 867 ON LINE '40r 1 L47 O I I26 TRACT D g"' 6IPEP 61APE >r DNN DPN NDN 1 U6 NE]ND ST. L287 NPA DE L45 II �N.S Giot C�Dtvtsto 8 TND. i/2'RBC 130 129 ��,1 CROUP T.30450' 10 131 NI�(!l SµtN 0.05'S.■0.16'W. u4 u2 C•D• _.r[5. - 8g 144 8 9 us 361.76' W_ 11 PO' 8 0 8 N 8651'13"W 400.00' 2. 7 143135 8 361 L 2 1.36 III 1.40 L38 L37 N 8503'19_W a L39 —\--- 1318.65 77 + S.LN.NE 1/4.SE 1/4 32-24-5 f^ or EDEN DEN w asop. D B SNp �• N STEEPSLOPE µ1i•1K$H NOPA (h^ C.D. (9 _..::::11.) � t'l' 11 PD• e END. I/O'RBC C Y• CROUP 4 30450' 15TRACT f • 0.12'W. \IF 521.88' L16 ji S 8659'57'E 556.58' 8711 AVE.(NOT OPENED) . 1 B-1 1