BLD2021-1436+HOA Letter+10.4.2021_10.26.09_AM+2442460RECEIVED BLD2021-1436
10.19.21 OWNER'S WORK AGREEMENT
CITY OF EDMOIVRJ� Acireement is between �['Q
DEVELOPMENT ,
SERVIc i'd6 �rjift Q ("Owner"), and the Board of Di ectors (The "Board") of
Maplevine Condominium, a Washington non-profit corporation ("Maplevine"), which is
the association of apartment owners for The Maplevine, a condominium (the
"Condominium"). The Condominium and its Owners are subject to the Declaration of
The Maplevine, a Condominium ("the Declaration"), recorded under Snohomish County
Auditor's File Number 7906070146. Where not otherwise defined herein, capitalized
terms have the meanings set forth in the Declaration.
1. OWNER'S WORK. Owner is an Owner of Unit 3 of the Condominium
and wishes to perform work on an element of the condominium on which that Owner
would not otherwise be authorized to perform work, pursuant to Section 9.5 of the
Declaration. Specifically, Owner desires to perform the following work (the "Work"):
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2. REVIEW AND APPROVAL. Prior to commencing the Work, Owner must submit an
application to the Board for approval of the Work, including plans, drawings,
specifications and contractor information, as reasonably required by the Board, and
must receive written approval (the "Approval") of the Work from the Board. All Work
must be performed by licensed, insured, and bonded contractors approved by the Board
as part of the Approval. Prior to commencing the Work, Owner shall cause the
Association to be named as an additional insured on the Owner's contractor's insurance
policy.
3. CONDITIONS OF APPROVAL. In addition to any conditions imposed by the Board
as part of an Approval, Owner shall perform the Work subject to the following
conditions:
a. Owner shall be responsible for obtaining all necessary permits and approvals
and for paying all costs thereof;
b. Owner shall pay all costs of the Work;
c. The Work shall conform to all applicable statutes, codes, ordinances and other
applicable law;
d. The Work shall be performed in a good and workmanlike manner and be of a
quality as good as, or better than, the Condominium as a whole,
e. Owner shall have plastic sheeting or other protective material laid on walkways
and in the elevator to protect carpeting and flooring in all common areas used for
ingress and egress by Owner and/or Contractor during the course of
construction, pre -construction and post construction activities or until all building
materials and refuse and/or debris have been removed from the building;
f. No construction debris or refuse may be placed in the Maplevine dumpsters for
garbage or recycling;
g. If any areas of common area flooring, either carpeting, hard flooring, or poly coat
on the exterior walkways, are in any way damaged or soiled, it will be the
responsibility of the Owner to restore such flooring to the same condition as it
was prior to the start of any construction or per -construction activities;
h. Hours of construction activity shall be between 8:00 am and 4:30 pm, Monday
through Friday. No construction activity shall be conducted on the weekends;
i. Owner will restore any building elements impacted by the Work to as good or
better condition than they were in preceding Owner's Work;
j. Owner will, on a daily basis, clean and remove marks or spots on walls, or debris
of any nature or kind, left in any common area of the Condominium;
k. Neither Owner nor any of Owner's contractors or representatives may use or
block any numbered parking spaces, and
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4. INDEMNIFICATION. Owner specifically agrees to indemnify, defend and hold
harmless the Board and Maplevine, and their directors, officers, employees, agents,
successors and assigns from and against any and all liabilities, losses, claims,
demands, costs, fines, expenses, (including, but not limited to, reasonable attorney's
fees), actions or causes of action, resulting or arising from the Work. of Owner and
Owner's employees, contractors or agents. Such indemnification includes, without
limitation, liabilities or losses resulting from defects in the Work or materials
incorporated into the Work, or conditions within the Condominium that result from, or
are made worse by, the Work.
5. NON -WAIVER. In no event shall any delay, neglect or forbearance on the part of any
party in enforcing any part of this Agreement be deemed that party's waiver of the
same.
6. ATTORNEY'S FEES AND COSTS. In the event any party to this Agreement initiates
any court proceeding to enforce the rights and obligations of the parties under this
Agreement, the prevailing party shall recover its reasonable costs and attorney's fees,
including such costs and attorney's fees for mediation, arbitration, litigation and any
appeals.
7. INTERPRETATION. To the greatest extent possible, this Agreement is to be read
and interpreted to be harmonious with the Declaration. If a court finds any provision of
this Agreement to be void or unenforceable, the remaining provisions of this Agreement
shall be nonetheless binding upon the parties.
OWNER 7z7=
ABOVE TERMS AND CONDITIONS
7-zG
Signatur Date
Printed Name Unit #
CONTRACTOR HAS READ AND AGREES TO ABOVE TERMS AND CONDITIONS
Sian re Date
Printed Name
Company Name License#
MAPLE�VI.NE HOMEOWNER'S BOARD APPROVAL p
BY: f/01.q /�-t
Signature Date
Title H A P(e4f 1 r1, s