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HomeMy WebLinkAboutRC 20160415000539 8 � � 7 t " WHEN RECORDED, RETURN TO: CITY OF RENTON City Clerk Division 1055 South Grady Way, Suite 728 Renton, WA 9go5� 201 fi0415000539 CITY OF RENTON COV 99.00 PAGE-001 OF 027 04/3S/2016 12:11 KING COUNTY, WA I Document Title Declaration of Covenants, Conditions, and Restrictions for Brookgrove IReference Number of Related Document N/A � Grantor Henley USA LLC, a Washington limited liability company --- _ Grantee Brookgrove Homeowners Association, a Washington nonprofit corporation Abbreviated Legal Description Portion of Lots 3, 4, and 5 of Northwestern Garden Tracts, Division Number 4, according to the Plat ' thereof, recorded in Volume 47 of Plats, Page 74, in King County, Washin��ton -- -._ ... Tax Parcel Numbers 6198400247, 6198400241, 6198400260, 6198400280 - 1 - ;02943439.DOC.2 } �r T DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS FOR BROOKGROVE THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BROOKGROVE is made this ��Y�day of���� 2016, by Henley USA LLC, a Washington limited liability company (the "Declarant"), as the o ner of certain real property situated in King County, State of Washington, as such property is more specifically described on Exhibit A, which is attached hereto and incorporated herein by this reference(the"Real Property"). RECITALS Declarant desires to develop the Plat of Brookgrove ("Brookgrove") as a residential community on the Real Property. Declarant also desires to create common areas and facilities for the benefit of the Brookgrove community and to provide for the preservation of the natural values in Brookgrove. This Declaration establishes a plan far the private ownership of lots and the buildings constructed thereon, for the dedication of certain areas to the public, and for the beneficial ownership through a nonprofit corporation of certain other land and related easements, hereafter defined and referred to as the "Common Areas." The nonprofit corporation shall be delegated and assigned the duties and powers of maintaining and administering the Common Areas, administering and enforcing these covenants, conditions, and restrictions, and collecting and disbursing the assessments and charges hereinafter created. NOW, THEREFORE, Declarant hereby covenants, agrees, and declares that all of the Real Property, as defined herein, and the buildings and structures hereafter constructed thereon are, will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, restrictions, and easements, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of Brookgrove for the benefit of the Owners thereof, their heirs, successors, grantees, and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title, or interest in the Real Property or any part thereof, and shall inure to the benefit of the Owners thereof and to the benefit of the Association and are intended to be and shall in all respects be regarded as covenants running with the land. ARTICLE 1. DEFINITIONS Section 1.1 "Association" shall mean and refer to the Brookgrove Homeowners Association, a Washington nonprofit corporation, its successors and assigns. Section 1.2 "Association Action" shall mean and refer to a written corporate action of the Association in the form of either a bylaw or resolution duly passed by either the Board ar the Owners. Section 1.3 `Board" shall mean and refer to the board of directors of the Association. Section 1.4 "Common Areas" shall mean and refer to all easements and Tracts and any improvements thereto that are owned or maintained by the Association, for the benefit of the Lot Owners, and subjected to this Declaration by an appropriate recording. As of the date of this Declaration, the Common Areas consist of: All Common Areas depicted on the Final Plat, including without limitation, - 2 - {02943439.DOC;2} , the roads and sidewalks, and recreational areas, all as identified and/or illustrated on the Final Plat, recorded in the real property records of King County. Section 1.5 "Common Expenses" means the costs incurred by the Association to exercise any ofthe powers provided for in Chapter 6438 RCW and this Declaration. Section 1.6 "Dedarant" shall mean and refer to the entity described on the first page of this Declaration and its respective successors and assigns. Nothing contained herein shall be deemed or construed by the Association or by any third person, to create the relationship of principal and agent, or a partnership, or a joint venture, or any association between or among any of the signatories hereto. Section 1.7 "Declarant Control Period" shall mean the period of time from the date of recording of this Declaration until the earlier of: one (1) year after the date upon which all of the Lots have been conveyed (i.e., title transferred) to a person who intends to use the Lot for his or her use as a residence, or receipt by the Association of written notice from Declarant in which Declarant elects to terminate the Declarant Control Period. A partial delegation of authority by the Declarant of any of its management duties described in the Declaration shall not terminate the Declarant Control Period. Section 1.8 "Declaration" shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. Section 19 "Final Plat" shall mean and refer to the Final Plat of Brookgrove recorded under King County RecordingNo.���DO�IIS OOC�.�� Section 1.10 "Governing Documents" shall mean and refer to this Declaration and the Articles of Incorporation, Bylaws and rules and regulations of the Association as any of the foregoing may be amended from time to time. Section 1.11 "Lot" shall mean and refer to any legally segmented and alienable portion of the Real Property created through subdivision or any other legal process for dividing land and subjected to this Declaration by an appropriate recording, with the exception of dedicated rights of way and Tracts designated as Common Areas. Section 1.12 "Mortgage" shall mean and refer to any recorded mortgage or deed of trust encumbering one or more of the Lots. "First Mortgage" shall mean and refer to a Mortgage with priority over the other Mortgages. "Mortgagee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees. As used herein, the term "Institutional Mortgagee" or "Institutional Holder" shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, all corporations, and any agency of department of the United States Government or of any state or municipal government. Section 1.13 "Owner" shall mean and refer to the record owner(whether one or more persons or entities)of a fee interest in any Lot, including the Declarant but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. -3 - {02943439.DOC2} , Section L14 "Real Property" shall mean and refer to that certain real property which is legally described on Exhibit A attached hereto, and such additions thereto as may hereafter be brought within the terms and conditions hereof by an appropriate recording. Section 1.15 "Reserve Account" shall have the meaning set forth in Section 3.12 of this Declaration. Section 1.16 "Reserve Component" shall mean a Common Area for which the cost of maintenance, repair, or replacement is infrequent, significant, and impractical to include in an annual budget. Section 1.17 "Reserve Study Professional" shall mean an independent person who is suitably qualified by knowledge, skill, experience, training, or education to prepare a reserve study in accordance with Ch. 64.38 RCW. Section 1.18 "Significant Assets" shall mean that the current replacement value of the major Reserve Components is seventy-five percent (75°/a) or more of the gross budget of the Association, excluding the Association's Reserve Account funds. Section 1.19 "Single Family" shall mean and refer to a single housekeeping unit that includes not more than four(4)adults who are legally unrelated. Section 1.20 "Structure" shall include any building, fence, wall, driveway, walkway, patio, garage, storage shed, carport, mailboxes, basketball hoop, play equipment, climbing apparatus, swimming pool, rockery, dog run or the like. Section 1.21 "Tract" shall mean and refer to any legally segmented and alienable portion of the Real Property created through subdivision or any other legal process for dividing land and subjected to this Declaration by an appropriate recording, with the exception of Lots and dedicated rights of way. ARTICLE 2. BROOKGROVE HOMEOWNERS ASSOCIATION Section 2.1 Description of Association. The Association is a nonprofit corporation organized and existing under the laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time to time; provided, however, that no Governing Documents of the Association other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. The Association shall have a perpetual existence and may not be dissolved for forty years after the date upon which this Declaration is recorded. Upon dissolution or final winding up of the Association entity under the laws of the State of Washington, all of its assets remaining after payment to creditors will be distributed or sold, and the sales proceeds distributed, to the members of the Association entity in accordance with the Articles, Bylaws, and provisions of Ch. 24.03 RCW. The Owners are responsible for providing that the Association continues to be a functioning legal entity. Section 2.2 Association Board. During the Declarant Control Period, the Declarant shall manage the Association and shall have all the powers of the Board set forth herein. Upon termination of the Declarant Control Period, a Board shall be elected from among the Owners, as provided in the Bylaws -4 - {02943439.DOC2} to manage the Association. The Board shall elect officers of the Association from among the Board members, which shall include a president who shall preside over the meetings of the Board and meetings of the Association. Section 2.3 Votes Appurtenant to Lots. Every Owner shall be a member of the Association and, except as provided in Section 2.4, shall be entitled to cast one (1) vote in the Association for each Lot owned. A vote shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Lot to which it relates. A vote shall not be separated from ownership of the Lot to which it relates; provided, however,that when more than one entity holds the beneficial fee interest in any Lot,the vote therefore shall be cast as the Owners among themselves determine, but, except as provided in Section 2.4, in no event shall more than one vote be cast with respect to any Lot; and if the several Owners of a Lot are unable to agree as to the casting of their vote, such vote shall not be counted. If a Lot is further subdivided as provide in Section 6.1 hereof, the Owner of each additional Lot created shall be entitled to one vote in the Association for each Lot owned. Section 2.4 Initial Number of Votes. During the Declarant Control Period, each Lot owned by Declarant shall be entitled to five (5) votes in the Association and each Lot owned by an Owner other than Declarant shall be entitled to one(1)vote. Upon expiration of the Declarant Control Period,the total number of votes in the Association shall be equal to the number of Lots subject to this Declaration and each Lot shall be entitled to one (l)vote. Section 2.5 Owner's Compliance. By acceptance of a deed to a Lot, recording of a real estate contract conveying title to a Lot, or any other means of acquisition of an ownership interest, the Owner thereof covenants and agrees, on behalf of himself and his heirs, successors, and assigns, to observe and comply with the terms of the Final Plat, this Declaration, the Governing Documents of the Association,and all rules and regulations duly promulgated pursuant to Association Action. Section 2.6 Bylaws, Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend rules and regulations governing the use of the Real Property, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties for the violation of such rules and regulations, including, but not limited to, suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effective thirty(30)days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the rules and regulations then in force shall be retained by the secretary of the Association. The Declarant, on behalf of the Board, may adopt the initial Bylaws and rules and regulations of the Association. Section 2.7 Implied 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. Section 2.8 Association Property. The Association, through action of its Board, may acquire, hold and dispose of tangible and intangible personal property and real property. - 5 - {02943439.DOC;2} • ARTICLE 3. ASSOCIATION BUDGET,ASSESSMENTS,AND LIENS Section 3.1 Owner's Covenants to Pay Assessments. By acquisition of any ownership interest in a Lot, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Association, in advance, all general and special assessments levied as provided herein. Notwithstanding the foregoing, the Declarant shall not be obligated to pay any assessments. Section 3.2 Association Budget. The Association shall prepare, or cause the preparation of, an operating budget for the Association at least annually, in accordance with generally accepted accounting principles. The operating budget shall set forth all sums required by the Association, as estimated by the Association, to meet its annual costs and expenses, including, but not limited to, all management and administration costs, operating and maintenance expenses of the Common Areas, and services furnished to or in connection with the Common Areas, including the amount of all taxes and assessments levied against, and the cost of liability, property and other insurance on, the Common Areas, and including charges for any services furnished by or to the Association; the cost of utilities and other services; and the cost of funding all reserves established by the Association. The funds required to meet the Association's annual expenses shall be raised from a general assessment against each Owner as provided hereafter. After adoption of the operating budget, the Association may revise the operating budget at any time and from time to time, in accordance with the procedures set forth in Section 3.2(a) below, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. (a) Adoption of Bud�et. Within thirly (30) days after adoption by the Board of any proposed regular or special budget of the Association, the Board 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 Owners to which a majority of the votes in the Association are allocated reject the budget, in person or by proxy, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. (b) Bud�et Summarv. As part of the summary of the budget provided to all Owners, the Board shall disclose to the Owners: (i) The current amount of regular assessments budgeted for contribution to the Reserve Account (defined below), the recommended contribution rate from the Reserve Study, and the funding plan upon which the recommended contribution rate is based; (ii) If additional regular or special assessments are scheduled to be imposed, the date the assessments are due, the amount of the assessments per each Owner per month or year, and the purpose of the assessments; (iii) Based upon the most recent Reserve Study and other information, whether currently projected Reserve Account balances will be sufficient at the end of each year to meet the Association's obligation for major maintenance, repair, or replacement of Reserve Components during the next thirty(30)years; -6 - {02943439.DOC;2} (iv) If Reserve Account balances are not projected to be sufficient, what additional assessments may be necessary to ensure that sufficient Reserve Account funds will be available each year during the next thirty (30) years, the approximate dates assessments may be due, and the amount of the assessments per Owner per month or year; (v) The estimated amount recommended in the Reserve Account at the end of the current fiscal year based on the most recent Reserve Study, the projected Reserve Account cash balance at the end of the current fiscal year, and the percent funded at the date of the latest Reserve Study; (vi) The estimated amount recommended in the Reserve Account based upon the most recent Reserve Study at the end of each of the next five (5) budget years, the projected Reserve Account cash balance in each of those years, and the projected percent funded for each of those years; and (vii) If the funding plan approved by the Association is implemented, the projected Reserve Account cash balance in each of the next five (5) budget years and the percent funded far each of those years. Section 3.3 Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Association shall by Association Action determine and levy in advance on every Lot a general assessment. The amount of each Lot's general assessment shall be the amount of the Association's operating budget divided by the sum of the number of Lots. The Association shall make reasonable efforts to determine the amount of the general assessment payable by each Owner for an assessment period at least thirty (30) days in advance of the beginning of such period and shall at that time prepare a roster of the Owners and the general assessment allocated to each, which shall be open to inspection by any Owner upon reasonable notice to the Association. Notice of the general assessment shall thereupon be sent to each Owner; provided, however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof. The omission by the Association, before the expiration of any assessment period, to fix the amount of the general assessment hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release by any Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Association of the operating budget during the assessment period for which such budget was prepared, the Association shall, if necessary, revise the general assessment levied against Lots and give notice to each Owner. Section 3.4 Payment of General Assessment. Upon Association Action, installments of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis, as determined by the Board. Unless the Board otherwise provides, one-twelfth of the General Assessment shall be due in advance on the first day of each calendar month. Any Owner may prepay one or more installments on any assessment levied by the Association without penalty. Section 3.5 Nondiscriminatory Assessment. Except as otherwise specifically provided herein, no assessment shall be made at any time which may unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners. However, a special assessment may be made against a particular Owner and Owner's Lot by a two-thirds (2/3) majority vote of the Board if, after notice from the Association of failure to maintain such Lot in a condition comparable to the other Lots has been given, the Association elects to expend funds to bring such Owner's Lot up to such comparable standard. - 7 - {02943439.DOC;2} Section 3.6 Commencement of Assessments. Liability of an Owner for assessments shall commence on the date upon which any instrument of transfer to such Owner becomes operative (such as the date of a deed or the date of a recorded real estate contract for the sale of any Lot) ar, if earlier, the commencement date of Owner's occupancy of such Lot. The Declarant, its successors and assigns shall not be liable for any assessments with respect to any Lot. Upon the initial closing on any Lot from Declarant, the buyer thereof shall pay a one-time assessment in the amount of Five Hundred Dollars ($500.00). This amount shall be in addition to any assessment established by the Association, and shall be paid by all buyers, including builders. Section 3.7 Certificates of Assessment Payment. Upon request, the Board shall furnish written certificates certifying the extent to which assessment payments on a specified Lot are paid and current to the date stated therein. A reasonable charge may be made by the Association for the issuance of such certificate. Section 3.8 Special Assessments. In addition to the general assessments authorized by this Article, the Association may, by Association Action, levy a special assessment or assessments at any time, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a capital improvement located upon or forming a part of the Common Areas, including necessary fixtures and personal properiy related thereto, or for such other purpose as the Association may consider appropriate, including maintenance of a Lot as provided in Section 3.5. The due dates of any special assessment payments shall be fixed by the Association Action autharizing such special assessment. Section 3.9 Effect of Nonpayment of Assessment. If any assessment payment is not made in full within thirty(30) days after it was first due and payable, the unpaid amounts shall constitute a lien against the Lot assessed and shall bear interest from such due date at a rate set by the Board in its rules and regulations which shall not exceed the highest rate then permitted by law. By acceptance of a deed to a Lot, recording of a real estate contract therefore, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Association, its agents and employees, and to Declarant during the Declarant Control Period, the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real properiy. The liens provided for in this Declaration shall be for the benefit of the Association, and shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Association. The Association shall have the power to bid at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against. Section 3.10 Duration of Lien. Any lien arising pursuant to Section 3.9 shall be a continuing lien in the amount stated in the assessment from the time of the assessment, but expiring pro rata as the assessment payments are made, and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them; provided, however,that in the case of a sale ar contract for the sale of any Lot which is charged with the payment of an assessment, the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable - 8 - {02943439.DOC2} for monthly installments becoming ��ze oca or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity ar duration of the continuing lien for unpaid assessments against the respective Lot. Section 3.11 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty (30) days, said Owner's voting rights shall without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties)and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by nonuse of the Common Areas or by abandonment of a Lot. Section 3.12 Reserve Account for Repair or Replacement. As a Common Expense, the Association may establish and maintain a reserve fund for major maintenance, repair or replacement of the Common Areas and any improvements thereon ("Reserve Account"). Such Reserve Account shall be deposited with a banking institution, and in the name of the Association. The Reserve Account shall be expended only for the purpose of affecting the major maintenance, repair or replacement of the Common Areas and any improvements and community facilities thereon, and to any sidewalks, roads, walls or pathways developed as a part of Brookgrove, equipment replacement, and for operating contingencies of a nonrecurring nature. The Board is responsible for administering the Reserve Account. The Association may establish such other reserves for such other purposes as it may from time to time consider to be necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of his Lot and shall not be separately withdrawn, assigned, or transferred from the Lot to which it appertains. (a) Withdrawals from Reserve Account. In addition to withdrawals for the purposes set forth in Section 3.12 above,the Association may withdraw funds from the Reserve Account to pay for unforeseen or unbudgeted costs that are unrelated to maintenance, repair, or replacement of Reserve Components. The Board shall record any such withdrawal in the Association's minute books, cause notice of any such withdrawal to be hand delivered or sent prepaid by first-class U.S. mail to the mailing address of each Owner, and adopt a repayment schedule not to exceed twenty-four(24) months unless the Board determines that repayment within twenty-four (24) months would impose an unreasonable burden on the Owners. Payment for major maintenance, repair, or replacement of the Reserve Components out of cycle with the Reserve Study projections or not included in the Reserve Study may be made from the Reserve Account without meeting the notification or repayment requirements under this Section 3.l 2(a). Section 3.13 Reserve Studies. The provisions of this Section 3.13 are intended to summarize the requirements for reserve studies as provided in RCW 64.38.065-.090, and in the event of any conflict with the provisions herein,the statutory provisions shall control. (a) Board Determination. Unless (a) there are ten (10) or fewer homes in the Association; (b) the Board determines that the Association does not have Significant Assets; (c) the cost of a Reserve Study exceeds five percent (5%) of the Association's annual budget; or (d) the Board determines that doing so would impose an unreasonable hardship, the Board shall, cause the Association to prepare an initial reserve study(a"Reserve Study")based upon a visual site inspection conducted by a Reserve Study Professional. The Reserve Study shall comply with the requirements of RCW 64.38.070, and shall be updated annually unless doing so would impose an unreasonable hardship. At least every -9 - {02943439.DOC2} � three (3) years, an updated Reserve Study must be prepared and based upon a visual site inspection � conducted by a Reserve Study Professional. (b) Owner Demand. When more than three (3) years have passed since the date of the last Reserve Study prepared by a Reserve Study Professional, the Owners to which at least thirty-five percent (35%) of the votes are allocated may demand, in writing, to the Association that the cost of a Reserve Study be included in the next budget and that the Reserve Study be prepared by the end of that budget year. The written demand must refer to RCW 6438.080. The Board shall, upon receipt of the written demand, provide the Owners who make the demand reasonable assurance that the Board will include a Reserve Study in the next budget and, if the budget is not rejected by a majority of the Owners, will arrange for the completion of a Reserve Study. Section 3.14 Limitations on Liability related to Reserve Account and Reserve Studies. Monetary damages or any other liability may not be awarded against or imposed upon the Association, its officers, the Board, or those persons who may have provided advice or assistance to the Association, its officers, or the Board, for failure to: (a) establish a Reserve Account; (b) have a current Reserve Study prepared or updated in accordance with the requirements of Chapter 6438 RCW and this Declaration; or (c)make the required disclosures in accordance with Section 3.2(b)and Chapter 6438 RCW. Section 3.15 Failure to Comply Does Not Relieve Owners. An Owner's duty to pay for Common Expenses is not excused, and a budget ratified by the Owners is not invalidated, because of the Association's failure to comply with the Reserve Study or Reserve Account requirements. Section 3.16 Certain Areas Exempt. The Tracts and all portions of Brookgrove dedicated to and accepted by a public authority shall be exempt from assessments by the Association. ARTICLE 4. ARCHITECTURAL CONTROL COMMITTEE Section 4.1 Architectural Control Committee. An Architectural Control Committee ("Committee") consisting of at least three (3) members, but in any event always an odd number of members, is hereby created with the rights and powers set forth in this Declaration. The initial members of the Committee shall be representatives appointed by Declarant. Committee members shall not be entitled to compensation for their services hereunder, except as may be determined by the Board of Directors. Declarant shall have the right and power at all times to appoint or renew the appointment of the members of the Committee or to fill any vacancy until the expiration of the Declarant Control Period. After the expiration of the Declarant Control Period, the Board shall have the power to appoint and remove the members of the Committee. Section 4.2 Jurisdiction and Purpose. The Committee shall review proposed plans and specifications for construction of all residences and other Structures within Brookgrove, including any additions, exterior alterations, fences, major landscaping, clearing, painting, paving and excavation. During the Declarant Control Period, a prospective Owner shall submit architectural and landscaping plans and specifications to the Committee for its review prior to closing the purchase of a Lot. Prior to submittal to the Committee,the Owner shall verify all improvements meet all local municipal codes. The Committee assumes no liability and holds no authority to approve, permit, or allow any construction on behalf of the local governing authorities. The Committee shall adopt and publish rules and procedures for the review of such plans and specifications. It shall be the obligation of each Owner or prospective - 10 - {02943439.DOC;2 } Owr,er to be- familiar with the rules and procedures of the Committee. .As conditions precedent to approval of any matter submitted to it,the Committee shall find: (a) Consistent with Declaration. The approval of the plan is in the best interest of the Owner and consistent with this Declaration. (b) General Considerations. General architectural considerations, including relationship and layout of Structures to natural features and adjacent homes, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, and similar elements have been designed to be compatible with the overall design of Brookgrove. (c) Site Considerations. General site considerations, including site layout, relationship of site to vegetation, natural features, open space and topography, orientation and locations of buildings, vehicular access and driveway lighting, circulation and parking, setbacks, height, walls, fences and similar elements have been designed to be compatible with the overall design of Brookgrove. (d) Landscane Considerations. General landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of existing landscaped areas and similar elements have been considered to ensure visual relief, to complement buildings and Structures, and to provide an attractive environment for the enjoyment of the Owners in general and the enhancement of the property values in Brookgrove. (e) Sidin�. Without limiting the foregoing, each residence, improvement or Structure constructed on a Lot shall be built of new materials except, with approval of the Architectural Control Committee, decorative items such as used brick, weathered planking, and similar items may be incorporated. All siding materials shall be of masonry (including stucco, dryvit, cultured stone, brick, stone, or similar material), and/or wood or wood-type siding material. All paints or natural finishes shall be those colors commonly known as earth tones. (� Roofin�. The roof shall be a composition roof with a 30-year life. (g) Entrv Walks, Porches and Decks. All front entry walks shall be concrete, and all decks and wood porches shall be constructed of cedar or pressure-treated or composite materials. (h) Drivewavs. All driveways shall be constructed of concrete paving. (i) Local Codes. All buildings or Structures shall be constructed in accordance with all applicable codes and regulations. In the event of a conflict between any applicable codes and this Declaration,the codes shall govern. Section 4.3 Approval Procedures. Two copies of a preliminary application for approval must be submitted in writing to the Committee at the registered office of the Association. Within fifteen (15) days following receipt of a preliminary application, the Committee shall notify the applicant in writing as to whether the application is complete and, if not, of any additional information that may be required before the Committee can review the application. The Committee's rules and procedures may specify the payment of a reasonable nonrefundable fee, to be set forth in the Committee rules, for the purpose of defraying the costs associated with the Committee's review of the preliminary application. This fee may be adjusted from time to time by the Committee in accordance with its rules and procedures. - ll - {02943439.DOC2} The Committee shall review the application in accordance with the provisions of this Section as soon as possible after a complete application has been filed. The decision of a majority of the members of the committee shall be the decision of the Committee. One copy of approved plans will remain in the Committee's files. All disapproved plans will be returned to the applicant. Section 4.4 Failure of Committee to Take Action. Except as provided in Section 4.6 below, in the event that the Committee fails to respond to an applicant's complete and properly submitted application within thirty (30) days after the Committee has notified the applicant that the application is complete, formal written approval will not be required, and the applicant shall be deemed to have fully complied with the provisions for approval; provided, however, if the Committee delivers notice of the need for one (1) thirty (30) day extension prior to expiration of the above-referenced thirty (30) day period,the Committee shall have thirty(30)additional days to make its decision. Section 4.5 Committee's Obligation. The Committee, in its deliberations and in the discharge of its obligations hereunder, shall act objectively and fairly in making decisions concerning various plans, specifications, plot plans and landscape plans submitted to it by various applicants for consideration in accordance with the provisions of this Declaration. Further, the determinations of the Committee as to noncompliance shall be in writing, signed by the Committee, and shall set forth in reasonable detail the reason for noncompliance. The Committee may approve, approve with conditions, or disapprove an application or any part thereo£ In all cases, the sole responsibility for satisfying the provisions of this Declaration and all local building codes and governmental requirements rests with the applicant. In consideration of the Committee's review of an applicant's application, the applicant shall indemnify and hold the Committee harmless from any claim or damages resulting from applicant's failure to comply with applicable building codes or other governmental requirements. Section 4.6 Exemptions and Variances From Committee Requirements. The Committee may, upon request, grant exemptions and variances from the rules and procedures of the Committee and the requirements of this Declaration when the party requesting such exemption or variance establishes to the satisfaction of the Committee that the improvements or other matters which are desired by the applicant are aesthetically as appealing, suited to climatic conditions, and compatible with the overall character of the development as are similar improvements or matters which conform to the requirements of this Declaration. Request for an exemption or variance shall be submitted in writing to the Committee and shall contain such information as the Committee shall from time to time require. The Committee shall consider applications for exemption or variance and shall render its decisions within thirty(30) days after notice to the applicant of proper submission. The failure of the Committee to approve an application for an exemption or variance shall constitute disapproval of such application. Section 4.7 Construction Deposit. For purposes of protecting the Common Areas and Common Area improvements against damage during construction by an Owner, his contractors and agents, the Committee has authority, but is not mandated, to require a cash deposit from each Owner to whom approval of plans is given of an amount deemed appropriate by the Committee for such purposes ("Construction DeposiY'), if the Committee finds that potential damage can be done to the Common Area(s) caused by Owner's proposed construction. The Construction Deposit, however, shall not exceed Two Thousand Dollars ($2,000.00). In the event an Owner, his contractor, agents or employees causes any damage or destruction to any portion of the Common Areas or Common Area Improvements, the Committee shall notify such Owner and request the replacement or repair of the item or area damaged or destroyed. The Owner shall have a period of two(2)business days after the date or receipt of such notice to advise the Committee of its intended course of action and its schedule for correction of the damage, - 12 - {02943439.DOC;2} and to commence such cerrection.� The Committee shall in its sole discretion approve or disapprove such course and schedule, and the Owner agrees to make such changes thereto as are necessary to obtain the Committee's approval. If the Owner fails to correct the damage in the manner or within the time approved by the Committee, the Committee may, at its option, perform such work as is necessary to remedy the situation on behalf and at the expense of the Owner and apply the Construction Deposit against the cost thereof. If the cost of such work exceeds the total amount of the Construction Deposit, the Owner shall pay the Association that excess cost within ten (10) days of demand by the Committee. Upon completion of construction of the Improvements on the Lot, and following a joint inspection of the Improvements and Lot by the Owner and the Committee to verify that no damage to the Common Areas and/or Common Area Improvements has occurred, the Committee shall make a final determination of compliance and return the remaining balance, if any, of the Construction Deposit to the Owner, without interest within ten (10)days of such final determination Section 4.8 Failure of Applicant to Comply. Failure of the applicant to comply with the rules and procedures of the Committee or the final application as approved by the Committee shall, at the election of the Association's Board exercised after thiriy (30) days' written notice to such applicant, constitute a violation of this Declaration. In that event, the Board shall be empowered to assess a penalty commensurate with the violation, which shall constitute a lien against such Lot, enforceable as provided herein and/or pursue any other remedy, including, but not limited to, an action for injunctive relief or specific performance. ARTICLE 5. SUBORDINATION OF LIENS Section 5.1 Intent of Provisions. The provisions of this Article 5 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. Section 5.2 Mortgagee's Non-liability. The holder of a Mortgage shall not, by reason of its security interest only, be liable for the payment of any assessment or charge, nor for the observance or performance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. Section 5.3 Mortgagee's Rights During Foreclosure. During foreclosure of a Mortgage, including any period of redemption, the holder of the Mortgage may exercise any or all of the rights and privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Association to the exclusion of the Owner's exercise of such rights and privileges. Section 5.4 Mortgagee as Owner. At such time as a Mortgagee shall become the record Owner of the Lot previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. Section 5.5 Survival of Assessment Obligation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Association shall use reasonable efforts to collect the same from such Owner. - ]3 - ,02943439.DOC;2 } Section 5.6 Subordination af Assessment Liens. The liens for assessments provid�d for in this Declaration shall be subordinate to the lien of any first Mortgage or other security interest placed upon a 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 such priority. The sale or transfer of any Lot or of any interest therein shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest, liens shall arise against the Lot for any assessment payments coming due after the date of completion of fareclosure. ARTICLE 6. USE COVENANTS,CONDITIONS AND RESTRICTIONS Section 6.1 Authorized Uses. Brookgrove shall be used solely far residential purposes and related facilities normally incidental to a residential community. After the Declarant Control Period no Lot shall be further subdivided, except as permitted in this Declaration without prior approval conferred by Association Action. Section 6.2 Leasing Restrictions. No residence on any Lot may be leased or rented by any party for a period of fewer than thirty (30) days, nor shall less than the whole of any Lot be leased or rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject in all respects to the provisions of the Governing Documents. Any failure by a lessee to comply with the terms of the Governing Documents shall be a default under the lease, whether or not it is so expressed therein. Other than the foregoing, there is no restriction on the right of any Owner to lease his Lot or residence. Section 6.3 Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept in Brookgrove except as specifically provided herein. Domesticated dogs, cats, or other conventional household pets may be kept if they are not kept, bred, or maintained for any commercial purposes, and all animals must be in compliance with applicable codes and regulations. "Other conventional household pets" shall include only traditionally domesticated pets and shall not include any form of poultry (i.e., domestic fowl, including but not limited to chickens, turkeys, ducks, and geese) or any exotic pets such as large or potentially dangerous reptiles, potentially harmful insects, bees, large birds, wild animals, and animals not normally domesticated, all of which are strictly prohibited in Brookgrove. No domestic pet may be kept if its presence or actions constitute a public or private nuisance. Pets shall be registered, licensed, and inoculated from time to time as required by law. When not confined to the Owner's Lot, pets within Brookgrove shall be leashed and accompanied by a person responsible for cleaning up any animal waste. No pets shall be tethered to any rope, cord, chain, etc., while outdoors on a Lot within Brookgrove for longer than two hours at a time. Section 6.4 Commercial Uses. No commercial enterprise, including itinerant vendors, shall be permitted on any Lot; provided, however, that the Association may, by adopting rules and regulations, permit specified home occupations to be conducted if allowed by law and if such occupation will not, in the reasonable judgment of the Association, cause traffic congestion or other disruption of the Brookgrove community; and provided further that no signs or advertising devices of any character shall be permitted. Section 6.5 Vehicle Storage. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot, except this shall not exclude temporary (less than twenty-four (24) hours) parking of vehicles on the designated - 14 - {02943439.DOC;2} driveway areas adjacent to garages on the Lots. Upon foriy-eight (48) hours notice to the Owner of an improperly parked or stored vehicle, boat, or other equipment, the Association has authority to have removed at the Owner's expense any such vehicle visible from the street that is parked on any Lot, street or within a Common Area for more than twenty-four(24)hours. Section 6.6 Garbage. All trash shall be placed in sanitary containers that are screened so as not to be visible from adjoining Structures or streets or roadways. No Lot or any portion thereof shall be used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt and debris resulting from landscaping work or Construction shall not be dumped onto adjoining lots or streets or roadways. Section 6.7 Utilities Underground. Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power, or television cable, or similar transmission line shall be installed or maintained above the surface of the ground. Section 6.8 Signs. Except far entrance, street, directional,traffic control, and safety signs, no promotional signs or advertising devices of any character shall be posted or displayed in Brookgrove; provided, however, that one temporary real estate sign not exceeding six (6) square feet in area may be erected upon any Lot or attached to any residence placed upon the market for sale or lease. Any such temparary real estate sign shall be removed promptly following the sale or rental or such Lot or residence. Section 6.9 No Obstruction of Easements. No structure, planting, or other material shall be placed or permitted to remain upon the Real Property which may damage or interfere with any easement or the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard direction or flow of any drainage channels. No decorative planting, structure or fence may be maintained within an easement area. Section 6.10 Antennas and Clotheslines. No external aerial antenna, free-standing antenna towers, satellite reception dishes of any kind or clotheslines shall be permitted in Brookgrove; provided, however, satellite dishes of less than twenty-four (24) inches in diameter are permitted provided the Architectural Control Committee approves the location of same. Satellite dishes greater than twenty-four (24)inches in diameter may be allowed through written consent of the Architectural Control Committee. Section 6.11 Owners' Maintenance Responsibilities. The maintenance, upkeep, and repair of individual Lots and homes shall be the sole responsibility of the individual Owners thereof, and in no way shall it be the responsibility of the Association, its agents, officers or directors. Owners shall maintain their Lots and homes in good repair and in a clean, sightly, and sanitary condition at all times. Without limitation as to the foregoing, each Owner shall be obligated to keep his Lot and home in a clean, sightly and sanitary condition and maintain the landscaping on his Lot in a healthy and attractive state and in a manner comparable to that on the other Lots in Brookgrove. No storage of firewood shall be permitted in front yards. After thirty(30) days' written notice to an Owner from the Association of such Owner's failure to so maintain his home or Lot, and after approval by a two-thirds (2/3) majority vote by the Board, the Association shall have the right, through its agents and employees, to enter upon any Lot which has been found to violate the foregoing standards in order to restore the home or Lot to such standards. The cost of such work shall be a special assessment on such Owner and his Lot only. - 15 - {02943439.DOC;2} . Section 6.12 Weapons. No firearms of any kind or nature, including rifles, handguns, bows, slingshots, BB guns, slings, traps, or any other like weapon, shall be used or discharged within Brookgrove except by authorized governmental officials. Section 6.13 Nuisances Prohibited. No noxious or offensive activity shall be conducted in any portion of Brookgrove, nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington or any other applicable governmental entity. Nothing shall be done or maintained on any portion of Brookgove which may be or become an annoyance or nuisance to the neighborhood or detract from the value of the Brookgrove community. The Association shall determine by Association Action whether any given use of a Lot unreasonably interferes with the rights of the other Owners to the use and enjoyment of their respective Lots or of the Common Areas, and such determination shall be final and conclusive. Section 6.14 Preservation of Landscaping. No pariy subject to the terms of this Declaration or his/her/their agents, employees or guests shall destroy or otherwise materially adversely impact landscaping on Common Areas and/or dedicated Tracts, or as otherwise governed by applicable laws, codes and regulations. Section 615 Temporary Structures. No Structure or improvement of a temporary character, including without limitation a trailer, tent, shack, garage, barn, or other outbuilding shall be installed, placed or used an any Lot as a dwelling or residence, either temporarily or permanently. Section 6.16 Window Coverings. Within ninety (90) days of occupancy of a residence on a Lot, curtains, drapes, blinds or valances shall be installed on all bedroom, bathroom and closet windows and all main windows in the great room that are visible from adjacent Lots. No newspapers, bed sheets or other makeshift window coverings shall be visible from the exterior of the residence. Section 6.17 Fences. All fences shall conform to the fence detail attached as Exhibit B, as may be modified by the Architectural Control Committee from time to time. Prior to applying stain to any fence, Owners shall first obtain approval of the type of fence stain to be used from the Architectural Control Committee. Unless otherwise approved by the Architectural Control Committee, all fences must be stained to match the stain used by the Declarant on the original fences, which is described on the specifications sheet provided to each Owner upon purchase of the Owner's Lot from the builder. If no such specifications sheet is available, the Owner shall use reasonable efforts to match the color of the stain used by the Declarant on the original fences and shall present the color match sample to the Architectural Control Committee for approval. Unless otherwise authorized by the Board, no fence, wall hedge or mass planting over three feet in height, other than foundation planting, shall be permitted to extend nearer to any street than the minimum setback line; however, nothing shall prevent erection of a necessary retaining wall,the top of which does not extend more than two feet above the finished grade at the back of said retaining wall. Section 6.18 Lot Size Restriction. No Lot or portion of a Lot in the Plat shall be divided and sold or resold or ownership changed or transferred, whereby the ownership of any portion of Brookgrove shall be less than the area required for the use district in which located. Section 6.19 Vehicular Access Restriction. No Lot shall take direct access from 120th Avenue S.E. Lots shall take access from S.E. 189�"Place. - 16 - {02943439.DOC;2} Section 5.20 Damage. Any damage to streets, Plat impr�veme�ts, entry structure, fences, landscaping, mailboxes, lights and lighting standards by Lot Owners, their children, contractors, agents, visitors, friends, relatives or service personnel shall be repaired and restored to like new condition by such Owner within twelve(l2)days from the occurrence of such damage. After thirty (30) days' written notice to an Owner from the Association of such Owner's failure to so repair, and after approval by a two-thirds (2/3) majority vote by the Board, the Association shall have the right, through its agents and employees, make such repairs on behalf of such Owner. The cost of such work shall be a special assessment on such Owner and his Lot only. ARTICLE 7. COMMON AREAS Section 7.1 Title to Common Areas. All Common Areas were dedicated in accordance with the terms of the Final Plat upon recording of the Final Plat. Every Common Area shall be subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors, and assigns, in accordance with the terms and conditions of the Governing Documents and the Final Plat. Section 7.2 Maintenance of Common Areas. The Association shall maintain, repair, replace, improve, and otherwise manage all of the Common Areas so as to keep them in good repair and condition and shall conduct such additional maintenance, repair, replacement, construction, or reconstruction as may be determined pursuant to Association Action. The Association shall take any action necessary or appropriate to the maintenance and upkeep of the Common Areas and improvements thereon. Section 7.3 Monument and Landscaping Maintenance and Easements. The Association shall be responsible for maintaining any Brookgrove monument signage and shall be responsible for maintaining any landscaping in Common Areas, including but not limited to planter strips, in accordance with the terms of the Final Plat and all applicable laws, codes and regulations. ARTICLE 8. CERTAIN GRANTS,EASEMENTS, COVENANTS AND RESTRICTIONS Section 8.1 Tracts. (a) Tract A. Tract A is a private storm drainage tract. Upon recording of the Final Plat, Tract A was granted and conveyed to the Association for ownership and maintenance. Upon recarding of the Final Plat, an easement was granted and conveyed to the City of Renton over, under and across Tract A for the purpose of conveying, storing, managing and facilitating storm and surface water and for sanitary sewer purposes per the engineering plans on file with the City of Renton. The City of Renton has the right to enter said easement for the purpose of inspecting, operating, maintaining, improving, and repairing its facilities contained therein. Only the chain link fence, flow control, water quality treatment and conveyance facilities will be considered for formal acceptance and maintenance by the City. Maintenance of all other improvements and landscaping on said Tract A shall be the responsibility of the Association. In the event that the Association 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 shall assume and have an equal and undivided ownership interest in Tract A previously owned by the Association and have the attendant financial and maintenance responsibilities. - 17 - {02943439.DOC2} (b) Tract B. Tract B is a private tract. Upon recording of the Final Plat, Traet B was granted and conveyed to the Association. An existing fence runs along the westerly and southerly lines of said Tract. Section 8.2 Private Storm Drainage Easements (PSDEs). The Owners of Lots with private storm drainage easements (PSDEs), as shown on the Final Plat and described in this Section 8.2, are subject to an easement granted to the City of Renton, a municipal corporation, for conveyance and storage of starm and surface water, together with a right of reasonable access for maintenance of the facilities contained therein. Owners of Lots with PSDEs are responsible for operating, maintaining, and repairing the drainage facilities contained within said PSDEs and are required to obtain any required permits from the City of Renton or its successor agency, prior to filling, piping, cutting ar 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 PSDEs. The City of Renton has the right to enter the PSDEs to repair any deficiencies of the drainage facility in the event the Owner(s) is/are negligent in the maintenance of the drainage facilities. These repairs shall be at the Owner's cost. (a) PSDE on Lot 2. Upon recording of the Final Plat, a private storm drainage easement shown on Lot 2 was reserved for and granted to the Owners of Lots 1 and 3 within the "10 Foot Utilities Easement" adjoining the public road for private storm drainage facilities. Said easement is for the benefit of Lots 1, 2 and 3. The Owners of Lots 1, 2 and 3 are responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. No Owner shall be responsible for maintenance of the utilities above their point of connection. (b) PSDE on Lot 4 benefitin� Lot 5. Upon recording of the Final Plat, a private storm drainage easement shown on Lot 4 within the "5 Foot Utilities Easement" was reserved for and granted to the Owner of Lot 5 for private storm drainage facilities. Said easement is for the benefit of Lots 4 and 5. The Owners of Lots 4 and 5 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.No Owner shall be responsible for maintenance of the utilities above their point of connection. (c) PSDE on Lot 4 benefittin�Lots 4—9. Upon recording of the Final Plat, a private storm drainage easement shown on Lot 4 was reserved for and granted to the Owners of Lots 5 through 9, inclusive, for private storm drainage facilities. Said easement is for the benefit of Lots 4 through 9, inclusive. The Owners of Lots 4 through 9, inclusive, are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. No Owner shall be responsible for maintenance of the utilities above their point of connection. (d) PSDE on Lots 7 and 8. Upon recording of the Final Plat, a private storm drainage easement on Lots 7 and 8 was reserved for and granted to the Owners of Lots 8 and 9 within the "10 Foot Utilities Easement" adjoining the public road for private storm drainage facilities. Said easement is for the benefit of Lots 7, 8 and 9. The Owners of Lots 7, 8 and 9 are responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. No Owner shall be responsible for maintenance of the utilities above their point of connection. - 18 - {02943439.DOC;2} (e) PSDE on Lots 8— 11. Upon recording of the Final Plat, a private storm drainage easement on Lots 8 through l l was reserved for and granted to the Owners of Lots 8 through 11, inclusive, for private storm drainage facilities. Said easement is for the benefit of Lots 8 through 11, inclusive. The Owners of Lots 8 through 1], inclusive are responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. No Owner shall be responsible for maintenance of the utilities above their point of connection. (fl PSDE on Lots 10 — 13. Upon recording of the Final Plat, a private storm drainage easement on Lots 10, l2 and 13 was reserved for and granted to the Owners of Lots 10, 11 and 12 within the "10 Foot Utilities Easement" adjoining the public road for private storm drainage facilities. Said easement is for the benefit of Lots 10, 11 and 12. The Owners of Lots 10, 1 l and 12 are responsible for the maintenance of their respective private drainage facilities and shall share eyually in the maintenance responsibilities of the private drainage facilities used in common within said easement. No Owner shall be responsible for maintenance of the utilities above their point of connection. (g) PSDE on Lots 14 and 15. Upon recording of the Final Plat, a private storm drainage easement on Lots 14 and 15 was reserved for and granted to the owners of Lots 15 and 16 within the "10 Foot Utilities Easement" adjoining the public road for private drainage facilities. Said Easement is for the benefit of Lots l4, 15 and 16. The Owners of Lots 14, 15 and 16 are responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. No Owner shall be responsible for maintenance of the utilities above their point of connection. Section 8.3 Private Water/Sanitary Sewer/Storm Drainage Easement on Lot 10. Upon recording of the Final Plat, a private water/sanitary sewer/storm drainage easement on Lot 10 was reserved for and granted to the Owner of Lot l 1 far private water, private sanitary sewer and private storm drainage facilities. Said easement is for the benefit of Lot 11. The Owner of Lot 11 is responsible for the maintenance of its water, sanitary sewer, and storm drainage facilities within said easement. Section 8.4 Public Storm Drainage Easements. Upon recording of the Final Plat, all storm drainage easements shown thereon that are not shown as "private" were granted and conveyed to the City of Renton for the purpose of conveying, storing, managing, and facilitating storm and surface water. The City has reasonable right of access to said easement areas to inspect, operate, maintain, repair and improve the drainage facilities. Section 8.5 Private Sanitary Sewer Easement on Lot 4. Upon recording of the Final Plat, a private sanitary sewer easement shown on Lot 4 was reserved for and granted to the Owners of Lots 6 and 7 for private sanitary sewer facilities. Said easement is for the benefit of Lots 6 and 7. The Owners of Lots 6 and 7 are responsible for the maintenance of their sanitary sewer facilities within said easement. Section 8.6 Private Water Easements. (a) Upon recording of the Final Plat, a private water easement shown on Lot 3 was reserved for and granted to the Owners of Lots 4, 5 and 6 for private water facilities. Said easement is for the benefit of Lots 4, 5 and 6. The Owners of Lots 4, 5 and 6 are responsible for the maintenance of their respective water facilities within said easement. - ]9 - {02943439.DOC2} (b) Upon recording of the Final Plat, a private water easement shown on Lot 4 was reserved for and granted to the Owners of Lots 5 and 6 for private water facilities. Said easement is for the benefit of Lots 5 and 6. The Owners of Lots 5 and 6 are responsible for the maintenance of their respective water facilities within said easement. Section 8.7 Ingress,Egress and Utilities Easements on Lots 4 and 10. (a) Upon recording of the Final Plat, an easement for ingress, egress and utilities on Lot 4 was reserved for and granted to the Owners of Lots 5 and 6. The Owners of Lots 4, 5 and 6 shall be equally responsible for the maintenance and repair of those improvements therein which they share with the exception o�those improvements installed by the utility providers. Lots shall be solely responsible for the maintenance and repair of those private utilities(water, sanitary sewer and storm drainage)which only benefit their Lot. Said easement over Lot 4 as depicted on the Fina) Plat was also granted to Soos Creek Water and Sewer District for sanitary sewer purposes and to other utility providers as may be necessary. Utility providers shall be responsible for the maintenance of the their facilities contained within said easement. (b) Upon recording of the Final Plat, an easement for ingress, egress and utilities on Lot 10 was reserved for and granted to the Owner of Lot 11. The Owners of Lots 10 and 11 are equally responsible for the maintenance and repair of those improvements therein which they share with the exception of those improvements installed by the utility providers. Lot 11 is responsible for the maintenance and repair of those private utilities (water, sanitary sewer and storm drainage) which only benefit Lot 11. Section 8.8 Landscaping Easement on Lot 17. Upon recording of the Final Plat, a landscape easement on Lot 17 was reserved for and granted to the Association within the "10 Foot Utilities Easement" adjoining the public road right of way for S.E. 189"'Place for the maintenance, repair and replacement of landscaping improvements. The Owner of Lot l7 shall be responsible for maintenance of landscaping within the "10 Foot Utilities Easement" adjoining the public road right of way for ]20th Avenue S.E. Section 8.9 Sanitary Sewer Easement on Lots 5 and 10. Upon recording of the Final Plat, an easement over Lots 5 and 10 was granted to Soos Creek Water and Sewer District for sanitary sewer purposes. Soos Creek Water and Sewer District shall be responsible for the maintenance of the sanitary sewer facilities contained within said easements. Section 8.10 Water Easement on Lot 8. Upon recording of the Final Plat, an easement over Lot 8 was granted to Soos Creek Water and Sewer District for water purposes. Soos Creek Water and Sewer District shall be responsible for the maintenance of the water facilities contained within said easements. Section 8.11 Utility Easement. Upon recording of the Final Plat, an easement was reserved for and granted to Puget Sound Energy, Inc., Gas Company, Puget Sound Energy, Inc., Electric Company, Centurylink Telephone Company, Comcast Cable Company, the City of Renton, Soos Creek Water and Sewer District and other utility providers, and their respective successors and assigns under and upon all private streets, alleyways and private access tracts, the exterior 10 feet of all Lots and Tracts parallel with and adjoining the street frontage and 5 feet adjoining private access tracts as depicted on the -20 - {02943439.DOC2 } Fina] Plat. Tt?e easements are reserved and granted in order to install, 2ay, construct, renew, operate and maintain underground pipe, conduit, cables,wires, vaults and pedestals with necessary facilities and other equipment for the purpose of serving the Real Property and other property with electric, telephone, gas, telecommunications, data transmission, street lights and utility service together with the right to enter upon the Lots and Tracts at all times for the purposes herein stated. These easements entered upon for these purposes shall be restored as near as possible to their original condition. No lines or wires for transmission of electric current, or for telephone, cable television, telecommunications or data transmission uses shall be placed or permitted to be placed within this easement unless the same shall be underground. No permanent structure shall be placed by the Lot Owner within the easements without permission from easement owners. ARTICLE 9. INSURANCE; CASUALTY LOSSES; CONDEMNATION Section 9.1 Insurance Coverage. The Association shall, subject to change by Association Actions, maintain at all times as an Association expense a policy or policies and bonds written by companies licensed to do business in Washington providing: (a) Insurance against loss or damage by fire and other hazards covered by the standard extended coverage endorsement in an amount as near as practicable to the full insurable replacement value (without deduction for depreciation) of the Common Areas, with the Association named as insured as trustee for the benefit of Owners and Mortgagees as their interests appear. (b) General comprehensive liability insurance with a combined single limit of $1,000,000 insuring the Association, the Owners, and Declarant against any liability to the public or to the Owners and their guests, invitees, licensees, or tenants, incident to the ownership or use of the Common Areas. (c) Worker's compensation insurance to the extent required by applicable laws. (d) Such other insurance as the Association deems advisable; provided, that notwithstanding any other provisions herein, the Association shall continuously maintain in effect casualty, flood, and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for similar projects established by Federal National Mortgage Association, Governmental National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration, so long as any of them is a Mortgagee ar Owner, except to the extent such coverage is not available or has been waived in writing by such agencies. Section 9.2 Casualty Losses. In the event of substantial damage to or destruction of any of the Common Areas, the Association shall give prompt written notice of such damage or destruction to the Owners and to the holders of all First Mortgages. Insurance proceeds for damage or destruction to any part of the Common Areas shall be paid to the Association as a trustee for the Owners, ar its authorized representative, including an insurance trustee, which shall segregate such proceeds from other funds of the Association. Section 9.3 Condemnation. In the event any part of the Common Areas is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by any condemning authority, the Association shall give prompt notice of any such proceeding or proposed acquisition to the Owners and to the holders of all First Mortgages who have requested from the -21 - {02943439.DOC;2} Association notifi�ation of any such proceeding or proposed acquisition. All�compensation, damages, or other proceeds therefrom, shall be payable to the Association. ARTICLE 10. ENFORCEMENT Section 10.1 Right to Enforce. The Association, Declarant, or any Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Section 10.2 Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of, other remedies provided by law. There shall be, and there is hereby created, a conclusive presumption that any breach or attempted breach of the covenants, conditions, and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. Section 10.3 Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing, or otherwise occupying any portion of the Real Property, their heirs, executors, administrators, successars, grantees, and assigns. All instruments granting or conveying any interest in any Lot shall be subject to this Declaration. ARTICLE 11. AMENDMENT AND REVOCATION Section 11.1 Amendment by Declarant or Association. Declarant may, on its sole signature, during the Declarant Control Period, amend this Declaration. This Declaration may also be amended at any time by an instrument executed by the Association for and on behalf of the Owners, provided, however, that such amendments shall have received the prior approval of a vote of the Owners having sixty percent (60%) of the total outstanding votes in the Association; and provided, further, that no such amendment shall be valid during the Declarant Control Period without the prior written consent of the Declarant. Notwithstanding any of the foregoing,the prior written approval of fifty-one percent(51%)of all Mortgagees who have requested from the Association notification of amendments shall be required for any material amendment to the Declaration or the Association's Bylaws of any of the following: voting rights; assessments, assessment liens, and subordination of such liens; reserves for maintenance, repair, and replacement of Common Areas; insurance or fidelity bonds; responsibility for maintenance and repair; reallocation of interest in the Common Areas; leasing of Lots other than as set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer his Lot; a decision by the Association to establish self-management when professional management had been required previously by an eligible Mortgagee; any action to terminate the legal status of the Association after substantial destruction or condemnation occurs; or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages. Section 11.2 Effective Date. Amendments shall take effect only upon recording in the official real property records of King County, Washington. -22 - {02943439.DOC2 } ARTICLE 12. GENERAL PROVISIONS � • Section 12.1 Taxes. Each Owner shall pay without abatement, deduction, or offset, all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against his Lot, or personal property located on or in the Lot. The Association shall likewise pay without abatement, deduction, or offset, all of the foregoing taxes, assessments, and charges levied or assessed against the Common Areas. Section 12.2 Non-Waiver. No waiver of any breach of this Declaration or failure to enforce any covenant of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. Section 12.3 Attorneys' Fees. In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports, and all attorney's fees that the prevailing pariy has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses, and attorneys' fees incurred in connection with any appeal from the decision of a trial court or any intermediate appellate court. Section 12.4 No Abandonment of Obligation. No Owner, through his non-use of any Common Area, or by abandonment of his Lot, may avoid or diminish the burdens or obligations imposed by this Declaration. Section 12.5 Captions. The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment, or describe the scope,content or intent of this Declaration or any parts of this Declaration. Section 12.6 Severability. Invalidation of any one of these covenants, conditions, restrictions, easements, or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in full force and effect. Section 12.7 Notices. All notices, demands, or other communications ("Notices") permitted or required to be given by this Declaration shall be in writing and, if mailed postage prepaid by certified or registered mail, return receipt requested, shall be deemed given three days after the date of mailing thereof, ar on the date of actual receipt, if sooner; otherwise,Notices shall be deemed given on the date of actual receipt. Notice to any Owner may be given at any Lot owned by such Owner; provided, however, that an Owner may from time to time by Notice to the Association designate such other place or places or individuals for the receipt of future Notices. If there is more than one Owner of a Lot, Notice to any one such Owner shall be sufficient. The address of Declarant and of the Association shall be given to each Owner at ar before the time he becomes an Owner. If the address of Declarant or the Association shall be changed,Notice shall be given to all Owners. Section 12.8 Indemnification. The Association shall indemnify every officer and director authorized to act on behalf of the Association by the Board or by this Declaration against any and all expenses, including counsel fees, reasonably incurred by, or imposed upon, any officer and director in connection with any action, suit or proceeding if approved by the then Board to which he or she may be a party by reason of being or having been an officer and director. The officers and directors shall not be -23 - {02943439.DOC2} liable for any mistakes of judgment, negligent or otherwise, except for their own individual �villful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers and directors may also be members of the Association), and the Association shall indemnify and forever hold each officer and director free and harmless against any and all liability to others on account of any such contract or commitment. The Association shall, as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation. Section 12.9 Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. [SIGNATURE ONNEXT PAGE] -24 - {02943439.DOC;2 } IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the day and year first above written. Henley USA LLC l By: Vanessa Normandin Its: Chief Operating Officer STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Vanessa Normandin, to me known to be the Chief Operating Officer of Henley USA LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said limited liability company. GIVEN under my hand and official seal this a�ytday of F�kXW'Awl ,2016. � ���������",������I O A PUBLIC in and for the `�"'� ��..��� f t���i�� State of Washington, residing ; .�� � �� at-�lJI"��2�C�T/f� . �� ;� ,�o'�� My comm�ss�on expires S-1 (o- I�i . � � �� . . . Z , %� �v O � � 0_ � �/�i N�,q�h���,$-1`6;�.s'\�C9 i��rl'TF1O�\W p,5�: -25 - {02943439.DOC2} /� ;�f, ��;: ' i • n��1'iw'�, y�,, v , ;, , s.�.�,'�,'�w'4i It. ' a, ,��,��"'�^;�,.r�,�'�`.+vR ' h� 4f� . . ' :q� t t , �`' r Z' � # .�� . .'�'. •i i:.� ` ' x.S r Exhibit A LEGAL DE�CRIPTI�N ����� a THE EAST 185.35 FEE1' OF THE W�ST HALF OF ��T 3. BL£�CK 2, NORTNWEST'ERN GAR�EN TRACTS, DIVISIQN NUMBER A, ACCORD(NG TO THE PLAT THEREOF, RECO;�DED IN VOLUME 47 OF PLA7S, PAGE 74. IN KING COUNTY, WASHINGT4N; EXCEPT THE N/E5� 92.675 FEEf THFREOF; TOGETHER W1TH THE EAS7 HALF OF' �OT 3, BLOCK 2, NORTHWJESTERN GAF�DEN i'RACTS, DIVISION NUMBEF� 4, ACCC}RQiNG TO TNE FLAT THEREQF, RECOR[3EE� IN VpLUME 47 OF Pl.r1T5, PAGE 74, IN K1NG CpUNTY, WASHINGTON; EXCEPT TH� EAST 300 FEET THEREOF. PARCEL B THE WEST WALF 0�' L07 3, BLCICK 2, N�RTHYJESTERN GARDEN TRACTS, DiVfSEC7N NUAAE�E� 4, ACCORDING TO THE PLP,T THEREOF, RECOftDED IN VOLUME 47 OF PtATS, PAGE 74, !N KING COUNTY, WASHINGT�N; EXCEPT THE WEST 129.52 �'EET THEREOF� . EXCEPT TH� EAST 92.675 FEET THEREOF. PARGEL C � LOT 4, BLOCK 2, tVE}RTHWES�`ERN GARDEN TRACTS, CIVISION NU�lSER 4, ACCOROING TO THE PLAT THEREQF, REC4RDED IN VOLUME 47 0� PL.ATS, PAGE 74, IN KING COUNi"Y, WASHINGTQN. �aRe�i o LpT 5, BLOCK 2, NORTHVWE57ERN GARDEN TRACTS, DNiSION NUM6ER 4, ACCOROING TO THE RLAT THEREO�', RECORDED iN VOLUME d7 QF PLI�TS, PAGE 7d, IN KING CflUNTY, WASNINGTON. -26 - {02943439.DOC2} Exhibit B Fence Detail f �j�"'�+� a � ... ,,,,,,,, ,,,,,,,,,, ��� � � t �� � � .�.... `r � { .' � + � ; , i .,.�,,.�.__.�_.,.�""� a�s4� '�'�' ° s F�� � � ' � � � � ' ; , � � _ �`�; ; � _ ,�. _ �.. - lx#'� ���'i.Z. f , � � � � ' ; ; � v�2T.�— ��s � � l � � � � � � ,�a � � � I � � I 1 ",� ¢ 'i � i � � � � ' ` � � �.---�x4 �''c7�r5 '�€� 4 1 � � € a � �� ---�'•- �--r..,.�.__.. ,.�.. .,._. -:—��.� ,d....,._I-.�a I I � t CCSA[+C�' ."'_ .,,.z ( ; I � � 1 I 1 � � i i! E J '.' ` 1 ����.+*� ���,�"'t i � -27 - {02943439.DOC;2}