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CCRs Woodbury at Edmonds.pdf� =4::.:::..:::�-�_� .. =� . II!!!lIIIIII IIIII�lllllllll Illllllf f IIIIII 11111E flfl Illillllllllf I IIII 2001 1 21 70857 /17/2001 03:15 PM Snohomish P.0028 RECORDED County Return Address Patrick KMcKeti'Zio Marsh Murid6 rf Pratt SpliivaW& McKenzie 16000 Bothell;. -ctt IrghWhy, Ste 160 Mill Creek, Document Declaratiob oftovenzints, Conditions and Restrictions for the Plat of Woodbury at Edmonds Reference No- n/a Declarant Lincoln Estates;, "fif ngton corporation Beneficiary n/a. Legal Description Lots 1 thro'"I2,aiid14 through 26, of the Plat of Woodbury at Edmonds, 4 gh."' " - ' ' ' recorded under Snohomish Couh�y Aud4oir's Fi-le"No JePIN115Mk County of Snohomish, State of Washington Assessor's Property Tax Parcel/Accoun.t"No.00-554.8-,061--001-05 DECLARATION OF COVENANTS, CWMO-ITI ONS AND RESTRICTIONS +01( T14V PLAT OF W061)-B'URY.'A'T—.FJ.)MONDS THIS DECLARATION is made this r-DO:Cember, 2001, by Lincoln Estates, Inc , a Washington corporation, (hereinafter RECITALS A Declarant is the owner of that certain real prope '"locat6d. in Snohomish County, f. Washington, and more particularly described in Section 2 1 oihis-DgAration B Declarant desires to subject the real property described in'Sectfon.-2 I hereof to the provisions of this Declaration to create a residential community,;6f sifig' Ie-faipi.ly housing (as single family is defined below) and to provide for the subjecting ;3f pffier.re4l pi-oerty to the :p provisions of this Declaration C The real property described in Section 2 1 hereof is locat6d`wfthin 00 has been developed in accordance with the Plat of Woodbury at Edmonds as appr0ye4.by-thp-City of ,-)✓dmohas on the 14h day of December 2001, and recorded on the 17 day of December, x.001,-tinder Snohomish County Auditor's File Number XOO 1 !,217 ql)k NOW, THEREFORE, Declarant hereby declares that the real property described in Seefion.2"J...Q.f this Declaration, including the improvements constructed or to be constructed fhereozn;- is„hereby subjected to the provisions of this Declaration and shall be held, sold, transferr6d, gbn�eyed,...used, occupied, and mortgaged or otherwise encumbered subject to the covenants; con4ions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for`the-purpose 40 testing the value and desirability of, and which shall run with the title to, the real• prapertyhereby or hereafter made subject hereto, and shall be binding on all persons having any,right,-title,•�or-'in€e'rest in all or any portion of the real property now or hereafter made subject hereto; their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall itture to the_benefit of each and every owner of all or any portion thereof ARTICLE I ......... Definitions 1 1 Words Defined.- The •golf owing words, when used in this Declaration (unless the context shall prohibit) shall have-tfie:~following-m anings I I 1 "Associatidff' - shall ' mean Woodbury at Edmonds Homeowner's Association, a Washington nonprofiit,corporation, its,sucCessors and assigns 1 12 "Board of Directors".�Or "13o�rd of the Association shall be the appointed or elected body, as applicable, having its rrorma1meaning under Washington law 1 1 3 "Bylaws" shall refer w ..the ...bylaws of Woodbury at Edmonds Homeowner's Association I 14 "Common Property” shall meiln-ariy and•.all real and personal property and easements and other interests therein, together with the : facilities and improvements located thereon, now or hereafter owned by the Association fbi t1 e--cor `Mori-use and enjoyment of the Homeowners. 1 1 5 "Community" shall mean and refer to tfiat..certarzil�al property and interest therein described in Exhibit A, attached hereto - - r 1 16 "Community-Wide Standard" shall mean ~flte' standard of conduct, maintenance, or other activity generally prevailing in the Community,,- �•8_ucli stafidard may be more specifically determined by the Board of Directors of the Associaion Su6�--tlet rmination, however, shall generally be made with reference to the standards originalfy. established by the Declarant 2 ] /), 1 i 0 8 5 7 r 1 1.7 "Declarant" shall mean and refer to Lincoln Estates, Inc , a Washington cowatlon and its successors-in-title and assigns, provided any such successor-in-title or assign shall aoquire for the purpose of development or sale all or any portion of the remaining undeV.p4opod or unsold portions of the real property described in Exhibit A, attached hereto, and 1-ideo--further, in the instrument of conveyance to any such successor-In-title or assign, such 11v . P. successor-in-title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, ,�vhLbh grantor shall be the "Declarant" hereunder at the time of such conveyance, provided; tiurther; upon such designation of such successor Declarant, all rights of the former Declar�lnt­iri ad to si h status as "Declarant" hereunder shall cease, it being understood hereto, there shall be only one ~"Declarant" hereunder at any one point in time. "bevel`opment Period" shall mean that period of time beginning on the date this DeclaratiQn is reeorded in the records of Snohomish County and ending on the earliest to occur of (i) teri{1107 years from the date of recording of this Declaration, (ii) five (5) years after Declarant's last conveyanee cif record. of a Lot to an Owner; or (iii) the date upon which a Supplementary Declatation-is reeord d•b Declarant terminating the Development Period 4 1 1 1 9 "Lot'•"'shall ' mean -any plot of land within the Community, whether or not improvements are construded.thbreo�".Ach constitutes or will constitute, after the construction of improvements, a residential dwelling site• •as: shown on a plat recorded in the records of Snohomish County The Home ownerShLp- of..e-d6 Lot shall include, and there shall pass with each Lot as an appurtenance thereto,• whether or not separately described, all of the right, title, and interest of an Owner in the 6p.mti on Property; which shall include, without limitation, membership in the Association 1 1 10 "Mortgage" means -any •:mortgage,--`deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the community as security for the payment or satisfaction of an obilga' pon 1 1 11 "Mortgagee" shall mean the:-holder of-a.Mprtgage 1 1 12 "Occupant" shall mean any Pergonm:bcci.lpytng all or any portion of a residence or other property located within the Comm4uty-for any'..period of time, regardless of whether such Person is a tenant or the Owner of such property -_` 1 1 13 "Owner" or "Homeowner" shall meati--.quid- re.fer..tfl .the record owner, r� whether one or more Persons, of the fee simple title to any Lot- jQeaied' within. the Community, excluding, however, any Person holding such interest merely as security `far th6 performance or satisfaction of any obligation 1.1.14 "Person" means any natural person, as well as a corporaton-joint venture, partnership (general or limited), association, trust, or other legal entity 20011217 0 857 1 1 15 "Single Family" shall mean a single housekeeping unit, without regard to . the �ozistruction type or Homeownership of such unit, that includes not more than four (4) adults whi ar�-Iegally unrelated •�ti 4 .. 1 1 16 "Total Association Vote" means all of the votes attributable to members of the. Association (including votes of Declarant), and the consent of Declarant so long as Declarant owns ai}y property for.development and/or sale in the Community ARTICLE 2 r ER. p TV SUBJECT TO THIS DECLARATION 2 1 Vrooerty•Hereby Subjected To This Declaration The real property which is, by the recording'of•ttiis_DeclarAon, subject to the covenants and restrictions hereafter set forth and which, by virtue of thy' recording. of this Declaration, shall be held, transferred, sold, conveyed, used, occupied-,-and tniPrfgaged or otherwise encumbered subject to this Declaration is the real property described••tii.E�Uxt•A, attached hereto and by reference made a part hereof ARTICLE 3 WOODBURY AT-EDMONDS.I•IOMEOWNER'S ASSOCIATION 3 1 Description of Association The Asgocikion shall be charged with the duties and vested with the powers prescribed by law and.-set forth in this Declaration, any Supplementary Declaration, and the Articles of Incorporation:and bylaws of the Association, all as may be amended from time to time, provided, however, that no,.such governing documents shall for any reason be amended or otherwise interpreted 'so as to.berinconsistent with this Declaration 32 Board of Directors Declarant shall-'-.h - av the right to appoint or remove any member or members of the Board of Directors or'ani officer•�r officers of the Association until termination of the Development Period Each Owrier, -'by _,acceptance of a deed to or other conveyance of a Lot vests in Declarant the authority to appoint and femove directors and officers of the Association The directors selected by the Declarasit. nee_ d• not be Homeowners The number of the directors shall be as set forth in the Byla is F-016wi-ng termination of the Development Period, the Board of Directors shall be elected by t#ie:H6mwwners in accordance with the Bylaws 3 3 Membership Every Person who is the record owher_.of _a• -fee .or. undivided fee interest in any Lot that is subject to this Declaration shall be deemed t6,6l ve.a membership in the Association The foregoing is not intended to include Persons who'hol-d ari intefest merely as security for the performance of an obligation, and the giving of a securiX}� nterest'shall not terminate the Owner's membership No Owner, whether one or more Persons, shall:Iia*e more than one (1) membership per Lot In the event of multiple Homeowners bf a..)oi, cotes. and rights of use and enjoyment shall be as provided in this Declaration and,•an.:-.-tFter-BylaWrs. 4 r 200112170$5 r Membership shall be appurtenant to and may not he separated from Homeownership of any Lot The�rkg'lats and privileges of membership, including the right to vote and to hold office, may be exerciseA-by a member or the member's spouse, but in no event shall more than one (1) vote be cast nor office held for each Lot owned The first annual meeting of the Association shall be `'-•-held-`withfn sixty (60) days after termination of the Development Period on a date set by the Board'pt rsuanf to the Bylaws 3-4 Vit. tiri The Association shall have two classes of voting membership C•1a5!�'-' A-•. Class A members shall be owners except the Declarant Class A members shall be.-entitle6o-. (1) vote for each lot owned %Qlassj' ..•T'he Class B members shall be the Declarant and shall be entitled to three (3) votes foi.ewli lot owned. The .Class -B membership shall cease and be converted to Class A membership on the happen.iii of th�-,•Jrirst of the following events - Ja)... - .` heh the total votes outstanding in the Class A membership equal the total vo�es:oi�tstandr'ng.rri tfie Class B members [such Class B membership for the purposes of this clause `inpludmg. Declarant owned lots both within the project as well as those which may be added to the project], .- (b) The date When Qeclnrant's management powers terminate, as provided in Section 4 2 .14 - (u) In determining whethQr-- any given proposition shall have been improved by the membership, the total number -0-f , s.A an d Class B votes shall be combined and the appropriate percentage applied against thavco:1Ained number (iii) Except as provided above;; A e total, -...voting power of all owners shall equal the number of lots at any given time and .the .total numbers of votes available to owners of any one (1) lot shall be one (1) vote 3 5 Bylaws of Association Bylaws for the admintstrgtr6n-a tfie Association and the property, and to further the intent of this Declaration, shall be:adopti d or amended by the owners at a regular or special meeting, provided that the initial Bylaws shall-•be-zdopted-,by Declarant In the event of any conflict between this declaration and any Bylaws; 'the provisions of this declaration shall prevail 5 Zuu 1 in7085'7 ARTICLE 4 MANAGEMENT OF THE ASSOCIATION 4A Administration of the Development The owner's covenant and agree that the admtiistratian of the property shall be in accordance with the provisions of this Declaration and the Bylaws of the Association which are made a part hereof --4.2­`__''Aianag"e''%' ent by Declarant The property shall be managed by the Declarant until the eaffier-d (4)'6ne,.huhdred twenty (120) days after all Class B membership terminate; or (b) the date- on which Decia I ra - ht elects to permanently relinquish all of its authority under this Section 4.2 by­��rjtt&ii notic�.- . tb all owners Declarant, so long as it is managing the property, or managing agefft seJe6ted..by..Qpc1arant, shall have the exclusive power and authority to exercise all the rights, 4p.ag' ,aria fur�otions of the Board set forth or necessarily implied in this Declaration, provided,' howi-ever,_," that-, the Association may not, however, be bound directly or indirectly to any contracts. -or lea'seg,wttfiout the right of termination exercisable without cause and without penalty at I an.y..6Tpe'itftertransfer of control to the Board elected pursuant to Section 4 3 upon not more than niniAy.(.90 ,diiy"'s''n-ptice to the other party to the contract 43 Mann ement bv Uocted .toard of Directors At the expiration of Declarant's management authority under See; -ion ,4-2.adml.n.ts't'rative power and authority shall vest in a Board of Directors elected from among"the.-hit owners The.number of directors shall be specified in the Bylaws and shall be sufficient to. a&quately hapdfe'the affairs of the Association Except as otherwise provided herein, decisions shall be..,detennin6d by a majority vote of the directors entitled to vote The Board may delegate­dll ot,'any.: potion of its administrative duties to a managing agent or officer of the Association Bio"ard 'Offices shall be open for election at an organizational meeting The Board shall elect ct from.-Sinong its members a president who shall preside over meetings of the Board and the meetini­g`s.- 6f the. Association :ssociation ARTICLE"5" ASSESSMENTS 5 1 Purpose of Assessment. The assessments'-proVi46d for ,hcrein shall be used for the general purposes of promoting the recreation, health, safety, ,.welfare, ]'common benefit, and enjoyment of the Homeowners and occupants of Lots, mcludu).g`ihe.thiwfi'te : nance of real and personal property, all as may be more specifically authorized fr:atp-tk"me"'to..tlr"lie.-'by the Board of Directors. 52 Creation of the Lien and Personal Obtfization for Mscssm� nt Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so 0'xpfaS5'ed`in such deed, covenants and agrees to pay to the Association (1) annual assessments or chargek, !ii) %special assessments, such assessments to be established and collected as hereinaftee.,prby! dedj..Andjiii} specific assessments against any particular Lot which are established pursuant to.,tbg terms of =this 6 -200112170857 ..,_Declaration, including, but not limited to, reasonable fines as may be imposed in accordance with thei.cS of this Declaration 5 2 1 All such assessments shall be a charge on the land and shall be a '­;L�Qnfinu)ngjl�fi. upon the Lot against which each assessment is made. 5.2 2 Each such assessment, together with late charges, interest, costs, including, without 1ithitatiofi," reasopable attorneys' fees actually incurred, shall also be the personal obligation. 6.f_Jhb' pers6n -'�ha was the Owner of such Lot at the time the assessment fell due 5..23 .-N.A�'sb.qiation shall, within five (5) days after receiving a written request therefor and fbr a.r-6 so , riabfo " Ubarge, furnish a certificate signed by an officer of the Association setting forth wlfeibefiiie­t� , s , e , ssments on a specified Lot have been paid A properly executed certificate of the a-s' -to the status of assessments on a Lot shall be binding upon the Association as of the date --6-f issuance., 5 2 4 ARRu-it,.ffs'se ' ssffients shall be levied equally on all similarly situated Lots (as determined by the Board) ..Vn"Iegs­olherwise provided by the Board, the assessment shall be paid in annual installments","'.. .. 53 Computation. h::-shall--b,tfie dirty of the Board to prepare a budget covering the estimated costs of operating the A-s§6z-ia'tiqndurmg the coming year, which shall include a capital reserve in accordance with a capiia.l. budget separately.. prepared The Board shall cause the budget and the assessments to be levied agains ' tzach.Lpt f the following year to be delivered to each member at least thirty (30) days pnor.tdthg -end.6f tqe current fiscal year The budget and the assessment shall become effective unl:ess d ""P.Pr6ve.d--`at a meeting by a majority of the Total Association vote Notwithstanding the fbregoinp,­hawpver, in the event the membership disapproves the proposed budget or the Board Rid's fdr any_ reason to determine the budget for the succeeding year, then and until such time as a bydgpfsha4l have been determined, as provided herein, the budget in effect for the then current year shall coni mui. for the succeeding year 54 Revised Budizet If the financial circiiinstdrice.s of the Association materially change during any year, the Board may prepare a revised. 'budget i6-� '.th&.balance of the year The Board shall cause the revised budget and assessments to ,be-deli'v`ered-'tQ. each member at least thirty (30) days before their effective date Such revised budget.-anshall become effective unless disapproved at a meeting by a majority of thc.._r6tal ,A*6 ' ation Vote If the revised budget is disapproved, the budget then in effect shall caril-in.pe"for.. the -remainder of the year 55 Special Assessments In addition to the other asses srnants"autfioriZed herein, the Association may levy special assessments for expenses such as, but ;Yiot.J1init6a­'fo, capital improvements from time to time if approved at a meeting by two-thlr6..(2/3),--;of the Total Association Vote Special assessments shall be paid as determined by the Bbaro.'arid ttfeB-oard 7 ti iL2i70857 may. permit special assessments to be paid in installments extending beyond the fiscal year in ,. whicbI4e special assessment is imposed '5 6.' Lien for Assessments All sums assessed against any Lot pursuant to this k----6'o6_aration,.together with late charges, interest, costs, including, without limitation, reasonable attomeys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of.tlie Aissgciation 5.7­1ffect.Nonnayment of Assessments; Remedies of the Association Any assessments or. •-installments thereof which are not paid when due shall be delinquent Any assessmenf,or Iutallment;t_hcreof delinquent for a period of more than ten (10) days shall incur a late charge imam n amount asJ "eBoard may from time to time determine The Association shall cause a notice'of delinquehcy. _;o be given to any member who has not paid within ten (10) days following the due. date. -`If the"assessment is not paid within thirty (30) days, a lien, as herein h'a provided, shall attach. in .addition, the lien shall include an additional lien service fee in an amount as the Board-.may-detertniru� frafn time to time, interest set by the Board from time to time, not to exceed tl el-maimnurn. rate permitted by law (but not to exceed eighteen percent (18%) per annum) on thea principar-.`amount due, all later charges from the date first due and payable, all costs of collection•; 'includEtig,"without limitation, reasonable attorneys' fees actually incurred, and any other amourits proyided,Ar pcfmttted by law 5.7 1 In the everit-46f the �'ssessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, instituCe. suit to collect such amounts and/or to foreclose its lien Each Owner, by acceptance' of A. deed or as a party to any other type of conveyance, vests in the Association or its.agents•tlie rightand power to bring all actions against such Owner personally, for the collection pf such pharggs as a debt or to foreclose the aforesaid lien in the same manner as other liens for the..improypi ij nt pf real property 5 7 2 All payments shall be applEed.•first)to costs, then to late charges, then to interest and then to delinquent assessments 5 8 Date of Commencement of Assessmen6 The assessments provided for herein shall commence as to a Lot subject to this Declaration oil the first day of the month following the later of the following occurrences •••••- a Recording of the Plat in which said Lot is located... b Recording of this Declaration c Filing of the Articles of Incorporation for the Associati6n.. d Substantial completion and initial acceptance of the plat improVwpe.his 8 200112170857 _ r applict ble jurisdictions. The Board shall determine in its sole discretion when this condition has been.trret As$essments shall be due and payable in a manner and on a schedule as the Board of `' I7�•rectos'irt�,y provide. The first annual assessment shall be adjusted according to the number of inontl s-&n.retriainmg in that fiscal year 9' .90cific Assessments The Board shall have the power to levy specific assessrhents:pu'rsuant.,t,dlE is..Section 5 9 as, in its discretion, it shall deem appropriate Failure of the Board to exercise its authority under this Section shall not be grounds for any action against the Association pr'the. Bohr'- of .Directors and shall not constitute a waiver of the Board's right to exercise its araority under fhthis Section in the future with respect to any expenses, including an expense for which.,thi Board has not previously exercised its authority under this Section. 5.9.1 :',Expenses of the. ANssociation which benefit less than all of the Lots may, in the Board's discretion, :be.. speeificilly--assessed equitably among all of the Lots which are benefited according to�thc_beuefit received 5 9 2 Policies:adopO--.by- the Board regarding specific assessments pursuant to this Section 5 9 shall be reasonable'and applied'cansistently throughout the Community RTICLE 6 MAINTENANCE OF.COM.MON PROPERTY the -Association shall maintain and keep in good 6 1 Association's Resnonsibilixy repair the Common Property This maintenance shall::i.nclude, without limitation, maintenance, repair, and replacement, subject to any insurance then "in effect, of all landscaping and improvements situated on the Common Property.:' The Association shall also maintain (1) all entry features for the community including the. expenses.„ for water and electricity, if any, provided to all such entry features, (ii) landscaping''ongioally installed by the Declarant which is on Common Property owned in fee by the Associati6n or oti property where a landscaping easement has been granted to the Association, (iii) all fac3lities...s&ving the Community not dedicated to or maintained by a public entity, (iv) all property-outsi&-6f Lots located within the Community which was originally maintained by the Declarant anal lovhted within or adjacent to public right-of-ways, including but not limited to, all common.. features "and-facilities shown on the face of the recorded plat, including but not limited to landsc4ping..street ltghting, access and utility tracts, tract fencing, signage and common areas, drainage fae lines. and including a 5-foot pedestrian access easement across Lot 17 for the benefit of the Asso6gtibn and:all improvements within said easement to Tract 992, which shall be maintained by the'Assoc.iafion.. its successors or assigns The foregoing maintenance shall be performed consistent with the JQ'Orninunity wide standard Nothing in this section 6.1 shall be construed to obligate the As'soeiatiogi'tn maintain any part of an owner's lot unless otherwise agreed to in writing by the Associ4tion'.. " 9 r 200112170857 -.62 Association Maintenance and Inspection of Detention Ponds, Oven Spaces Npflos's than once per year the following maintenance and inspection of detention ponds should be,perfa�ied by the Association a Trash and debris should be removed from all detention ponds so there is iio yi-50fevidence of dumping. Natural debris from native growth areas of said ponds should be removed a's squired to-prevent it from floating to a position to block an outlet " . •li able-getation within or around detention ponds which constitutes a hazard to maintenance. personnel' or _th&._general public should be removed This shall include plants such as poison oaK, nettles and devils club Invasive vegetation such as blackberries should also be removed where it ipterf� 6'With maintenance activities C .•potroleudi,products within or around detention ponds such as oil, gasoline, and diesel fuel, as well as-paint, �hemizal products, cleaning products or other pollutants should be cleaned at the point and-. time' 0 ptlfage This does not include oil film on driving surfaces resulting from normal vehw operations. d The 'ac6urriiila6oxi of sediment to a depth of greater than 9 inches in any portion of a detention pond should i`eijuire,te.moval. 63 Association Maintetianie and Inspection of Pond Water Control Structures Not less than once per year, the following maintenance and inspection of pond water control structures should be performed by the Association a If the accumulatiori',of trAh,.debris'and sediment is within 1'/z feet of the elevation of the lowest office, all debris shotild 6e'removed from the structure All orifices, trash racks and intakes should be free of debris Traslr-fjvks that'are more than 20 percent obstructed should be cleaned b Inspect the structure for water -Ugh rdss of bonnections and rust damage. All components should be securely attached Structure sK(;o Id be generally plumb and not showing signs of settlement Loose connections, severe.. ru§tz-or d-8pla-cement of more than 10% from vertical should require corrective action c Clean-out gates should be operable by.- ot'te"peTsor).. from the top of the control structure, and should seal tightly when closed The gate :shorild: be repaired or replaced if it does not operate easily, is rusted over more than 50% of its suifade, >Uif.leaks or if the lifting rod is missing d Orifice and weir assemblies should be complete an-d updmaged If not, they should be repaired or replaced Check that ladder rungs are secure 10 0112170857 e If the accumulation of trash, debris and sediment and other fills the basin ,. to4oslhan 6 inches below foreign material the lowest pipe invert or is obstructing flows in any ray, the•.basin should be cleaned Any chemical substances or dead animal carcasses should be reindved immediately k f.- Cracks in the concrete greater than '/2 inch In or top grate thickness, and longer than 3 feet require repair Broken or damaged grates which constitute a safety hazard should lie'replaced.. . 6.4-" As'sdkiiation Maintenance and Inspection of Pipes and Swales Not less than once per }star, ..the fol lctwiiig :maintenance and inspection of pipes and swales should be performed by :the Assoc'iafton'= a. Repair of fireplace any situation where more than 20 percent of the area of a pipe or depth or a swale•--6r ditch is blocked This would include accumulation of sediments, debris obstructions ai-. pipe•entranc�; _dohts to pipes, and growth or excessive vegetation in the swale or at the pipe ends Pring `cleaning, care should be taken to prevent sediments from washing downstream b Erosion of`ffipre than 2-in6hes of earth or intakes, out -falls, and in swales shall be repaired and protect4byt vegetation or. -rip -rap. c Any access road, "including access ramps into ponds shall be kept in a condition to allow maintenance equipment to.• enter- unimpeded during wet weather Debris, major potholes, tall vegetation, and muddy. areas shall be eliminated as they occur .14 - 6 5 Damage Caused_ by Owner'' . In the eye�_i�it.that the Association determines that the need for maintenance, repair, or replacement;- vvhich is the responsibility of the Association hereunder, is caused through the willful or negli' eat act of an Owner, or the family, guests, lessees, or invitees of any Owner, and is not covered or.paid-fox b'y insurance, in whole or in part, then the Association may perform such maintenance ... repaif'or.replacement at such Owner's sole cost and expense, and all costs thereof shall be added W and- become a part of the assessment to which such Owner is subject and shall become a lien againgt-the Loi..of•such Owner 6.6 Owner's ResponsibiLlit Except as provided 'in Sections b 1 and 6 2 above, all maintenance of any Lot and all structures, parking areas, laridsva ' n ;-ai otherimprovements thereon shall be the sole responsibility of the Owner thereof, v�ha­shalt maintain such Lot in a manner consistent with the Community -Wide Standard and this Decraratibii In the event that the Board of Directors of the Association determines that any Owner, has failed -or refused to discharge properly any of such Owner's obligations with regard to the'-niaintenarice, repair, or replacement of items for which such Owner is responsible hereunder,`IheAssodation shall, except in an emergency situation, give the Owner written notice of the.'Associatitiu's intent to provide such necessary maintenance, repair or replacement at the Owner's sole cost and expense The notice shall set forth with reasonable particularity the maintenance, repaixs,­or,.rd' I&e. nt 200112170857 , rleemed necessary The Owner shall have ten (10) days after receipt of such notice within which . t(>-eornplete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, Or-replacement is not capable of completion within a ten (10) day period, to commence such ,toric :which shall be completed within a reasonable time If any Owner does not comply k' with the- pzoyisions hereof, the Association may provide any such maintenance, repair, or repla6enient,.at such Owner's sole cost and expense, and all costs shall be added to and become a part of the•as�essinent•tQ_which such owner is subject and shall become a lien against the Lot .`(y7 - Maintenance Responsibility In addition to the maintenance responsibility urrdei•paragtaph 6 3 above, the private lot drainage easements across Lots 3 and 4, across Lots ­5 and-'6, .,tcz©ss.L6ts 9 and 10, across Lot 16, across Lots 18, 19, 20 and 21, and across Lot 24,;are.f& the benefit of Lots 2, 3 and 4, of Lots 5, 6 and 7, of Lots 8, 9, 10 and 11, of Lots 15 and 16; . of Lots-• 1`7� 18, 19, 20, 21 and 22, and of Lots 23 and 24, respectively The owners of said L6ts.2, '3=and 4,'6.f Lots 5, 6, and 7, of Lots 8, 9, 10 and 11, of Lots 15 and 16, of Lots 17, 18, 19, 20,: 1 "And"22". and • of Lots 23 and 24 shall be equally responsible for the maintenance, repair, nd-or.,recanstrtibt)©n of that portion of the drainage facilities they benefit from, except no owner`-al-F-he-iesponsible for maintenance, repair and/or reconstruction of that portion of the commonly used.stvrmaewer located upstream from the point of connection of the respective lot owner The 10-foot private dr_alriage easement across Lots 25 and 26 is for the benefit of Lots 25, 26, and 27 The owners`f said ho's 25, 26 and 27 shall be equally responsible for the maintenance, repair and/or construction of that porhoh.. of the drainage facilities they benefit from, except no owner shall be responsible for. -the maintenance, repair, and/or reconstruction of that portion of the commonly used storm sever 1podteel'• upstream from the point of connection of that respective lot owner 4 The 10 foot private sanitary sewer easemenis-; across Lots 9 and 10, and across Tract 995 and Lots 23 and 24, are for the benefit 6f Lots 91, 9 10 and 12, and of Lots 23, 24, 26 and 27, respectively The owners of said Lots K...9,40', 40', and-.12,.-and of Lots 23, 24, 26 and 27 shall be equally responsible for the maintenance, re'parr; :ari�i/or reconstruction of that portion of the sanitary sewer facilities they benefit from, except no . 'owner .shall be responsible for the maintenance, repair and/or reconstruction of that portion 0: -the 'c, (r' m iionly used sanitary sewer located upstream from the point of connection of that respectrv0.101' owner. The 10' private sanitary sewer easement acrdss.. Lots ..1.7,..•18.. and 19 is for the benefit of Lots 17 and 18 The owners of said Lots 17 and 18 sti�ll.be.equally responsible for the maintenance, repair and/or reconstruction of the sanitary sewer facil'ities.within said easement The private access and utility easement across Lot 12 is-•for lhe-bene'fit of Lot 13 The owners of said Lot 13 shall be solely responsible for the maiufe-nance; - repair and/or reconstruction of the facilities and appurtenances within said easement 12 200112170857 ARTICLE 7 USE RESTRICTIONS AND RULES 7-1._...,,_ General Rules and Regulations This Article, beginning at Section 7 2, sets out ccrtair-dse restrictions which must be complied with by all Homeowners and Occupants These use restrittiops fnay Qnl-y be amended in the manner provided in Section 14 4 hereof regarding amendmen. o -iseqlaration. In addition, the Board may, from time to time, without consent of the , . , ers-...,promplgate, modify, or delete other use restrictions and rules and regulations' applicable to the._.1C_.ommunity Such use restrictions and rules shall be distributed to all HomeorVfiers..-A'rid ' ..Ocduoint ' s prior to the date that they are to become effective and shall thereafter be �inoLng` upon 4114-lomeowners and Occupants until and unless overruled, canceled, or modified m;i_rqufar.0T`-S.peC.iaI meeting by a majority of the Total Association Vote 72 Residehfial Use .-All Lots shall be used for residential purposes exclusively with the exception that cert-4m-hom6-6'.ccf!p. . Midris will be permitted, subject to the guidelines and rules established by the Board-..-. Siich'ho, me' occupations may be limited to certain business uses, shall not create any disturbance,' mise,uln 'sightliness, shall not unduly increase traffic flow or parking congestion, and shall not b�, iii; violation of any of the provisions of the Declaration or : . Bylaws The Board may issue 4.n . y guidelines g.r rules it deems advisable to regulate home occupational uses and shall be ibr, sale judge..irl'the interpretation of said guidelines and rules Such guidelines and rules may change frorn-time to time based on the Board's sole judgment as to the best interests of the Community.. Such home 016�ations shall be allowed only so long as Community any such operation is in strict conformance with -.the guidelines and rules established by the Board and local zoning laws .14 73 Completion Any residence"o ' r othet.-s4wture erected or placed on any Lot shall be completed as to external appearance, inincluding, in'ished pdintmg, within eight (8) months after the date of commencement of construction AIL' frolit lands:caping must be completed within thirty (30) days from the date of completion of constrfiUton-,un-less' an extension is granted by the Board as a result of adverse weather conditions Ptorif laih'dscjpirig shall include side yards if viewable from the street or the common area Rear yard la6dsc4'piA'g shall be completed within six (6) months of first occupancy by the homeowner 74 Garages All homes within the community shall e6ataffi ,a. -garage, carports shall not be permitted Unless otherwise approved by the Board, All,-.gara.ges' qrO ' t : be attached to, or incorporated in and made a part of, the residence constructed up" -A..Ldt Jn ... granting waivers to this requirement the Board will consider functional necessity and ar, fiitoct . 11rdl dQsIrability 75 Utility Lines and Wirin No electrical, cable televi§kon, " OrAeW'hone lines or wires shall be located on any Lot unless underground or in a conduit attach -e6 --to a structure Except as may be permitted by the Board, no overhead utility lines, incIuidihgl&&s f6r cable television, shall be permitted within the Community, except for temporary WIF� as..tequired during construction and lines installed by or at the request of Declarant 13 2001 121'70 851 7 6 Suns No sign of any kind shall be erected by an Owner or Occupant within the Commtinity without the prior written consent of the Board Notwithstanding the foregoing, the Boatd.and._the Declarant shall have the right to erect reasonable and appropriate signs including, 4' w�tYiout`16i ttgtion, signs related to Declarant's development and marketing of residences within the. e6 imu.nity' In addition, "For sale" and "For Rent" signs and security signs consistent with the Community-�vide_.Siandard and any signs required by legal proceedings may be erected upon any Lot ` 7 7` ..hides Th&, term "vehicles" as used herein shall include, without limitation, automobiles, vams;+catripersYtitrucks, buses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, srrowmabiles, minibikes, scooters, go-carts, and any other rowed or self propelled transpotfiation.I�e_yehiele The term "passenger vehicles" as used herein shall include passenger autombblles,. vans, sritall trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation' for the, Occupants of the Lot Vehicles used for commercial and recreational purposes --.'are ... not consni00 passenger vehicles Where a Lot contains a garage, "parking areas" shall ref m --t6 j-1ie number of garage parking spaces Driveway areas in front of garages shall be cons tdered� "parking areas" for passenger vehicles only and only to the extent that sufficient parking spaees; aa"re "not"-pravided • m the garage for all the vehicles used by the Occupants of the Lot j. 7 7 1 Any pas seriger.-veh>_c-1 which is inoperable or unlicensed and not capable of use on the public highways and`whrch is parked o -ii" ny Lot for a period of more than forty- eight (48) hours shall be treated the same as a.-nbn-passegger vehicle and shall be considered a nuisance and may be removed from the Cgmihunity •yk 7 7 2 The Board shall akpt and-•.-i'paintain current rules and regulations concerning the parking and storage of vehicles'•on.•any Lof'or any portion of the Community Said rules are to protect the Community from the-'patentially)adverse impacts of vehicles on the Community environment and to accommodate the i olvirij_nature and use of such vehicles Such rules and regulations may provide for exceptioris-a6e6r moc tfcations to the conditions of this Section as determined in the sole discretion of the Board` The Board shall rule on any dispute as to the interpretation or application of this. Sect3on'-'azid"-all rules and regulations established by the Board with respect to vehicles and an�..sttch..detecmination shall be final and conclusive 7.8 Leasing Lots may be leased for residential puTpos..6 ., All1eases shall have a minimum term of at least twelve (12) months All leases shall require; -without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws•,..use restnctii3ns, and rules and regulations of the Association The lease shall also obligate the' pant to coinply with the foregoing and shall provide that in the event of noncompliance, the Boarq,.. tri -ac dffion to any other remedies available to it, may evict the tenant on behalf of the Owner -Ziiid 'specifically assess all costs associated therewith against the Owner and the Owner's property 14 00 11217085 r.: -.7.9 Occupants Bound All provisions of the Declaration, Bylaws, and of any rules and' rog'ulations, use restrictions or design guidelines established pursuant thereto which govern the''con6uct of Homeowners and which provide for sanctions against Homeowners shall also apply- to all Occupants even though Occupants are not specifically mentioned Fines may be 4 leuiecl against-Homeowners or Occupants If a fine is first levied against an Occupant and is not paid.�'f iely,_the'fine may then be levied against the Owner YfI Anil ials No animals, livestock or poultry of any kind shall be raised, bred or kept irithe-co_ m nunity,, ppovided, however, that up to a total of three (3) conventional household pets may bi "" ; `ori a Lot, subaect to the following restrictions Pets shall not be kept, bred or maintained,for axy co.gnercial' .purposes Homeowners shall be responsible for the immediate cleanup and removal of �ahl fE,Cal matter deposited by pets on any property other than the Lot of the Owner of--the.,.pet .bets- shall be confined in the Owner's Lot, unless on a leash and accompanied by �.respons'l le pbrson The Board may prohibit Homeowners from allowing pets in some or all of then' Common property No domestic pet may be kept if it is a source of annoyance, and such tieierrXtinat o - ---$'ha1-P be final and conclusive Pets shall be attended at all times and shall be registered; ljcbnsed`and inoculated from time to time as required by law 7 11 Nuisance IC'shall'bc the 'responsibility of each Owner and Occupant to prevent the development of any unclean,= bhhk lth, unsightly, or unkempt condition on his or her Lot No Lot shall be used, in whole ' or m part,. for the"storage of any property or thing that will cause such Lot to appear to be in an unoleah'or.untidy condition or that will be obnoxious to the eye, nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will,.of might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surroundirjg "prQperty€ Without limiting the generality of the foregoing, no speaker, horn, whistle, sired, betl, am- lifii r or other sound device, except such devices as may be used exclusively for'.. security.. --p rposes, shall be located, installed or maintained upon the exterior of any Lot unless'requi,red by idw or unless specifically approved by the Board which may, in its discretion, impose ciprtain` cgnditions in writing as part of its approval 7 12 Unsightly or Unkempt Conditions The pursuit of hobbies or other activities, including specifically, without limiting the generality 2:of 2lhe fcire_ going, the assembly of and disassembly of motor vehicles and other mechanical "-d-ov-1ces;-' Which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursugd or.--itnd-rtaken in any part of the Community Garage doors shall be kept closed at all ' times ' unless•- they are in use In addition, the storage of equipment machinery, construction supplies-or-airy sfim-ilar material on a Lot outside of the home and garage constructed thereon is strictly,prolitbifad e�ccpt as required during the remodeling or refurbishing of improvements on such Lov' pd"then.-for riot more than thirty (30) days 7 13 Drainage Catch basins and drainage areas are for the purpose- of nat'Urat;flow of water only No obstructions or debris shall be placed in these areas No Owner vr'Occupant may obstruct or rechannel the drainage flows after location and installation of draitiage';sw Es, storm 15 i- - 2001121'70857 :~ sewers; or storm drains Declarant hereby reserves for the benefit of Declarant and the Association and their respective successors and assigns a perpetual easement across all Common Property acid Lots for the purpose of maintaining or altering drainage and water flow Rights :4 exercised pursuant to such reserved easement shall be exercised with a minimum of interference `10. the quiet..crn oyment of affected property, reasonable steps shall be taken to protect such prop6i ' `artdhdar age shall be repaired by the Person causing the damage at its sole expense. 7-•1- Garbage Cans, Woodpiles, Etc All garbage cans, woodpiles, swimming pool pumps; filtiris find.re(Wa--equipment, air conditioning compressors, machinery, equipment, and other simihr items i'glatec . to :the operation of the residence shall be located or screened so as to be concealed'Trom-View of rieighbormg streets and property All rubbish, trash, and garbage shall be regularly removed and shay hot be allowed to accumulate. 7 15 Likh in$' Except•.as may be permitted by the Board, exterior lighting shall not be permitted except for (i) 'prove dr lighttng as originally installed on a Lot, (ii) two (2) decorative post lights, (iii) street lights irr'c...o ►fckmity with an established street lighting program for the Community, (iv) seaso3lal••dec6r'ative lights, or (v) front house illumination of model homes. Any exception granted by .the 13dard' _shall• not result in an annoyance or detriment to neighboring Lot Homeowners ` 7 16 Energy Conserv-itioit E�uiume6i No solar energy collector panels or attendant hardware or other energy conserveibvequipment shall -be constructed or installed unless they are an integral and harmonious part of •the• architectural••desi.gn of a structure, as determined in the sole discretion of the Board 7 17 Exterior Security Devices.,Nq .exteriof security devices, including, without limitation, window bars, shall be permitted 'cin any residence or Lot Signs placed on the Lot or the exterior of the residence stating that such residei;ce is..pro'tected by a security system shall not be deemed to constitute an exterior security device- 7 18 Drainage Easements and Common'Property.... ,Drainage Easements established on the face of the recorded plat for the Community and which :apply to individual lots shall be subject to the restrictions contained on the face of--..said­-plat;_'Ao%-.any other governmental regulations applicable to such easements and to any addifional'•r6trictions which may be placed on said easements Common Property of the Community ihall-be­subj�ct to the restrictions contained on the face of said plat, to any other governmental: regulations.,applicable to Common Property, to any additional restrictions which may be placed on:-, ommon Pfbperty by easement or deed restriction through the Declarant, and to any rules and reg4lattans' .*hicb. the Board may establish governing said Common Property 719 Construction and Sale Period So long as Declarant ortins: any property in the Community for development and/or sale, the restrictions set forth in this"Article T'shatl not be applied or interpreted so as to prevent, hinder or interfere with development, 0� trupiwn_ and sales activities of Declarant or any builder or developer approved by Declarant` 16 200112170857 ARTICLE 8 ARCHITECTURAL CONTROL COMMITTEE 8' l-Architectural Control Committee The Board of Directors shall appoint an ArctutectUrat.'Ccintrol.C:ommittee (the "Committee") of three or more persons, who need not be meriiber's.-ofihe,"A-S"'S"0'-'Ciaiion which Committee may act for the Board to the extent set forth in this Decla . ration-- One mein'b�i Qf the Architectural Control Committee shall be appointed for one (1) year, the second-member for'Awo (2) years, the third member for three (3) years Thereafter, members 6f.-the ..A-tchi.tec:turai'-Control Committee shall be appointed or selected for three year terms 82 Jtir ' i ' sdichbri and.. Purpose The Committee shall have the right to review and thereby either approv..e or-'reject'11 plaits and specifications for any building or structure to be constructed or mo&-fied....within' t-hc,, conform to the architectural prbperties which do not guidelines. Enforccmehl..o.Abege` covenants shall be carried out by the Board of Directors of the Association 821 No building 'shall b . e , pr6cie, d, placed or altered on any lot building site (single family attached, single family, -d'etache�d, "Multi-family or commercial) until the building plans, specifications, plat plan"--aiid-`japdsc'ape plans s are submitted by the owner or his representative to the Architectural'-Cpntiol Comm.itf6e.",and found by said Committee to be in accordance with the guidelines and the procedures established by the Committee It shall be the obligation of each owner to familiarize hiMs6if with tfie rules, regulations and procedures of the Committee All costs incurred by the C:Qmmi,F tee--for lifs'pections, plan review and consulting shall be paid for by the Association .. ........ .. 83 Approval Procedures 8 3 1 Any approval requested of the''C-orfi ee.5hM.l be requested in writing and shall be submitted to the Association headquarters vinle§'s the 'Committee shall record an instrument establishing a different place to submit such Ojans 8 3 2 In the event the Architectural Control .6mfr I.ttire fails to respond to the owners application and submittal with reference to propos&..pi-ans mid,specifications within thirty (30) days after said plans and specifications have been subritte8..by" the lo" Wner in writing to the Committee for such proposed construction, addition, alteration."br...uhinge, Chen and in that event, compliance will be deemed to have been granted by said C6riim.fftee--artd f6rmal written approval will not be required and this provision shall be deemed to have ­ been -' f�lly complied with In the event an owner enters into construction, addition, alterati-on...o-r'.,Cli.a...n'go. of any building on a building site on the properties without having first su66itted,irr--','W­r1t't.ng the proposed plans and specifications to the Committee for such work and cdmOO"such...work without any notice of non-compliance from the Association or said ComMitt:ec3.j4e--a�d`in.,ibat 17 200'112170857 event,After the lapse of six (6) months from the completion of such work with no suit or action hawing ,been brought to enjoin the construction, addition, alteration or change or to force corhpliai'ce by change or removal of such work with this provision then approval will not be reyufr�d acid this provision shall be deemed to have been fully complied with The decision of a in4.Cirit .of the members of the committee shall be the decision of the committee ' 83 3 The Committee, in the discharge of its obligations hereunder and in its deliberatians, al<iall"act objectively and fairly in making decisions concerning various plans, specificatied§,•Iplot pN _and, landscape plans submitted to it by various owners for consideration Further, t.W'detefrimifiations 6f the Architectural Control Committee, as to non-compliance, shall be in writitig`signed bX tlle'0oinmittee and shall set forth in reasonable detail the reason of non- compliance ,. ARTICLE 9 RESTRICTIONS O ..CONSTKV! TION, MAINTENANCE and IMPROVEMENTS ~4 l 91 Restrictions"The'following restrictions are applicable to construction, maintenance and improvements 6&W'the residential properties 9 1 1 No fence;>,hedge;,.,dvall..or other structure including but not limited to storage sheds, shall be commencad,...erected or maintained upon the properties, nor shall any exterior addition to or change or allerafion therein-be'-rnade until the plans and specifications showing the nature, kind, shape, height, color; inataials-.. and location of the same have been submitted to and approved in writing as: t6' the.•fiarmony of external design and location in relation to surrounding structures and topo'graph'' by-the Committee 9 1 2 All roofing materials shalt Vie_ ap'proyed -by the Committee 9 1 3 All driveways and parking: •,bays"sh4lf ,be..constructed of asphalt paving, unless approN ed for use of other material as granted 'by the .6m.giittee 9 14 The location, color, size, design, lett&tng arid• other particulars of mail or paper delivery boxes shall be subject to approval of the Committee - h 9 1 5 All outside television and radio aerials and..antenngs.ai`e-.prohibited without express written approval of the Association or the Committee 92 Right of EntEy of Association Representative Ahy-4gent -or o-fficer of the Association may at any reasonable pre-determined hour or hours upbq. twenty-four (24) hours notice during construction or exterior remodeling, enter and inspect any of sai0-property•as to its maintenance or improvements to determine if there has been compliance`W.fthth6' provisions r hereof The Association and any agent or officer thereof shall not thereby b� *'ped' of any manner of trespass for such entry or inspection 18 r 200112170857 r _ r• 9 3 Evidence of Compliance with Restrictions Records of the Association with �espect�fo,compliance with the provisions of this Declaration shall be conclusive evidence as to all, •-riialters shown by such records After the expiration of six (G) months following the `' • completXc�il of any construction, addition, alteration or change to any building on a building site, in the'''absence'of any notice to comply or in the absence of any suit to enjoin such work or to force:•compliance by change or removal of such work within said period Then and in that event said 5tr11ct4e oi:.•work, improvement or alteration shall be deemed to be in compliance with the provisions of this Decjar4iion ARTICLE 10 ...INSURANCE AND CASUALTY LOSSES 101 Insur nce'-Cover a _The Board of Directors or the duly authorized agent of the Association shall have the.-authority,"la•sand shall obtain or cause to be obtained insurance as follows ` �...... 101 1 The 1364rd'shah"'obtain a public liability policy applicable to the Common Property covering the Association aiid its xniriibers for all damage or injury caused by the negligence of the Association%' of any.•of -its members or agents, and, if reasonably available, directors' and officers' liability ifisdraiice..-'The public liability policy shall have a combined single limit of at least One Million boIlars ($1,00o'.0060,0) 10 1 2 The Board is hereby.-au"u"thorized ? to Contract with or otherwise arrange to obtain the insurance coverage required -,hereunder � �thrpugh the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be-.a-Whorized, but not obligated, to purchase such insurance coverage for the benefit of the n aid the Homeowners upon Declarant and the Association agreeing upon the terms and 6ondfilo-AAs applicable to reimbursement by the Association for costs incurred by Declarant in:•,olitaiiiing.'-such coverage Notwithstanding anything contained in this Declaration to the contra'*';-- thl -Board, shall not be required to comply with the provisions of this Article if the Board has contra'cted' for`or.iotherwise arranged to obtain the required insurance coverage through the Declarant 10 13 Premiums for all insurance shall be common- exp-6ns�s of the Association The policies may contain a reasonable deductible, and the amount"tfiereofshall not be subtracted from the face amount of the policy in determining whether the all uranoe at least equals the full replacement cost 10 1 4 In the event insurance premiums in connection wkthlbo-insurance required by this Article 10 become prohibitive, in the judgment of the Board; the: l QaccT rriay with approval of seventy-five percent (75%) of the Total Association Vote rediace:fhe attioi_int of the required insurance, self-insure itself, or discontinue the insurance all together '. 19 t�00112170857 -.10.2 Policy Requirements All such insurance coverage obtained by the Board of Do&tofs shall be written in the name of the Association, as trustee for the respective benefited parties,.Such insurance shall be governed by the provisions hereinafter set forth 102 1 All policies shall be written with a company authorized to do business in W- a�hir�gfon Ax-2--2 fn '.no event shall the insurance coverage obtained and maintained by the Assoctatioris".Board-•,:of_-':Directors hereunder be brought into contribution with insurance purchased by indi6dd l Homeowners, Occupants, or their Mortgagees, and the insurance carried by the Assgciation,r 411 he pnmary 4 . 103 Dania �e ,and Destruction--Insured 6 Homeowners The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Ownej ther6of, within ninety (90) days after such damage or destruction or, where repairs cannot be corripleted within-nfaet3 (90) days, they shall be commenced within such period and shall be completed, within..a -reasonable time thereafter Alternatively, the Owner may elect to demolish all improvemcats on-f$e; L-ot and remove all debris therefrom within ninety (90) days after such damage or destructi'm-J-itthe Ovent of noncompliance with this provision, the Board of Directors shall have all enfgrcemenf ogwers�•specified herein 104 Insurance Deduefible 'The-deductible for any casualty insurance policy carried by the Association shall, in the eve»t of'damage or.-destruction, be allocated among the Persons who are responsible hereunder, or be 'n common.zkx ertse of the Association ARTICLE 11 4 MORTGAGE-PROVISIONS The following provisions are for the benefit of holde�s..Qf first Mortgages on Lots in the Community The provisions of this Article apply W.—both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein 11 1 Notices of Action An institutional hotder;--m§i rer-;-':or guarantor of a first Mortgage, who provides a written request to the Association (sucb'ie"r sfto state the name and address of such holder, insurer, or guarantor and the Lot numbex,.thterefore.becommg an "eligible holder"), will be entitled to timely written reports as to the current status'of sdi,d1ot with respect to the following 11 l 1 Any condemnation loss or any casualty loss which affects - ,a ixiaterial portion of the Community or which affects any Lot on which there is a first! "Mprig�ge.held, insured, or guaranteed by such eligible holder, 20 ZOOI x 2170857 11 12 Any delinquency in the payment of assessments or charges owed by an Qw. ner%df.a Lot subject to the Mortgage of such eligible holder 1.1' 2 No Priority No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot.iri the case of.distribution to such Owner of insurance proceeds or condemnation awards for loss 6s-t6 ora talrin& of the Common Property 11.3" Notice 'to As§ociation Upon request, each Lot Owner shall be obligated to furnish to fhd'Asidciatiorf t_he name and address of the holder of any Mortgage encumbering such Owner's Lot 114 Aii plicAilijof 'Article 11 Nothing contained in this Article shall be construed to reduce the percentage..vote.that must-•ptherwise be obtained under the Declaration, Bylaws, or Washington law for any of the acts•set-pi t in this Article ARTICLE 12 EAS-FMEi NTS 121 Easements for Use•a'nd'Enxovment Every Owner of a Lot shall have a right and easement of ingress and egress, use--and 'enjoymeq-in arl_d to the Common Property which shall be appurtenant to and shall pass with the title to-each Lot,'subject to the following provisions 12 1 1 The right of the Association. to suspend the voting rights of an Owner and the right of an Owner to use the recreational faciliti$..available for use by the Community, if any, for any period during which any assesstrient -aga.inst •such Owner's Lot which is hereby provided for remains unpaid, and, for a reasorikible"'period` of time for an infraction of the Declaration, Bylaws, or rules and regulations, .. 12 1 2 The right of the Association Ao :tiorrdw Jmoney for the purpose of improving the Common Property, or any portion thereof,- •or for -construction, repairing or improving any facilities located or to be located thereon, a71d to. give as'security for the payment of any such loan a Mortgage conveying all or any portion of the-tprmmain Property, provided, however, the lien and encumbrance of any such Mortgage giv�fi • by •t1it�,-Association shall be subject and subordinate to any rights, interests, options, easemerits.and 0iivi1oges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or thi..holder of any Mortgage, irrespective of when executed, given by Declarant or any Lo" t-6wner-encumbering any Lot or other property located within the Community, and 12.1.3 The right of the Association to dedicate or transfer a11'6r any portion of the Common Property subject to such conditions as may be agreed to by the in4ividuaflot'ovwners and members of the Association, and real property secured lenders, in accordance:-.*-lth •ihe.. ?lat 21 ti 2001 12170 857 _,-•dedication and restrictions No such dedication or transfer shall be effective unless an instrument . _ agreetfg to such dedication or transfer has been approved by the affirmative vote of all lot QWneM-and members of the Association and real property secured lenders with an interest therein, PW: vided however that during the Development Period, Declarant may, on its sole 4 signature; dedicate or transfer portions of the Common Property, including without limitation 41ugfint nt..•.of' ;the Community Boundary with adjoining property owned by utilities or gove,rnmir,h%l agencies-�o long as such transfer or dedication does not materially and adversely affedt tfie-Xsaoctation or"-any Lot Owner During the Development Period, Declarant may also, on its -`sol -.srgnatur6;. `&dicate or transfer Common Property consisting primarily of utility systems twbe ovviied` and.ln !.iitamed by said utility jurisdictions 1 4 122 Delegation af'Owner's Rights Any Lot Owner may delegate such Owner's right of use and enjoyrnent.itf and. to the Common Property and facilities located thereon to the members of such'-O,iwrier's family. and to such Owner's tenants and guests and shall be deemed to have made a delegati©n of all succi right&.to the Occupants of such Owner's Lot, if leased 123 Easemeh44or.Entry-- In addition to the right of the Board to exercise self-help as provided in Section 12 2,:t-ereof, thc""Bi oard shall have the right, but shall not be obligated, to enter upon any property with-iri` the ;Corrimunity for emergency, security, and safety reasons, which right may be exercised'-.by ponce officers, fire fighters, ambulance personnel, and similar emergency personnel in the petformafice- of '.their respective duties Except in an emergency situation, entry shall only be durrrig•• reasonable hours_ and after notice to the Owner, and the entering party shall be responsible fQr•any damage.-daused This right of entry shall include the right of the Board to enter to cure any condit}o'n which 'tnay increase the possibility of a fire, slope erosion, or other hazard in the event'an QNwner or ;Occupant fails or refuses to cure the condition upon request by the Board 124 Easement for Entry Features Thein is.herebl y reserved to the Declarant and the Association an easement for ingress, egress, in�taljatiori, construction, landscaping and maintenance of entry features and similar street-smpes"for.•t1ie.-C-ommunity, if any, as more fully described on the recorded subdivision plats for the Corhmtinity•or any other recorded instrument, easement or conveyance The easement and right herein" reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other ve'geiatign a;.aurid. such entry features and the right to grade the land under and around such entry feaiur'e.. ' - h ARTICLE 13 r RIGHTS OF DECLARANT DURING DEVELOPMENT PERIOD 13 1 _Addition of Property During the Development Period' as- &fined in Section 1 1 8 of this Declaration, Declarant shall have the right to file an amendnient-•to.f this Declaration signed solely by Declarant subjecting additional property to the terms of this DeclAt bn which amendment may result in the addition of Common Property and the increase `-ir' ••riiairiteriance obligations Any such amendment to this Declaration shall become effective`Dpon'reeordatifln, 22 r Q 2001121 4ry 0857 s _,unless ei'later effective date is specified therein ARTICLE 14 k. GENERAL PROVISIONS 141 ;' Ehforeement Each Owner and Occupant shall comply strictly with the Ass6ciat-ion's R•yidws, rules and regulations, the use restrictions, as they may be lawfully amended. .ar- iotiified_lrgj,.time to time, and with the covenants, conditions, and restrictions set forth in this'Dec,14466h`and in the deed to such Owner's Lot, if any. The Board of Directors may impose fines'or other sarietioiis', which shall be collected as provided herein for the collection of assessments Tailwe' ta-cortpiy with this Declaration, the Bylaws or the rules and regulations shall be grounds' for' an..action to recover sums due for damages or injunctive relief, or both, maintainable by the.13oaid of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner `Fa�lure-'1iy :the -'Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of th�%r ht to do so thereafter 142 Self-Help .tti addifiorf to any other remedies provided for herein, the Association or its duly authorized agenf'aha11'hav� the dower to enter upon any Lot or any other portion of the Community to abate or removo, atiy-sirtict�re,.-thiiig, or condition which violates this Declaration, the Bylaws, or the Associatior's•iules asi.d-regujations Unless an emergency situation exists, the Board shall give the violating Owne-r.-ten.(-1.0) days written notice of its intent to exercise self- help Notwithstanding the foregoing, vehicles may be "owed after reasonable notice All costs of self-help, including, without limitation, reaso�aa'ble attoineys' fees actually incurred, shall be assessed against the violating Owner anc ghall..lie Folliycted as provided for herein for the collection of assessments y4 143 Duration This Declaration shaft-ruii wth and bind the Community, and shall inure to the benefit of and shall be enforceable by the •Associ4tion or any Owner, their respective legal representatives, heirs, successors, and assigns, pefpeti.aLl.y. to the extent provided by law, provided, however, so long as and to the extent that...W� sliington'--.law limits the period during which covenants restricting land to certain uses may run;-'-any` provisions of this Declaration affected thereby shall run with and bind the land so long as--perrriztted--by such law, after which time, any such provision shall be (a) automatically extendbd••(to.the ext-rit allowed by applicable law) for successive periods of ten (10) years, unless a written inFAr'u' riOnt reflecting disapproval signed by the then Homeowners of at least two-thirds (213) of ihr., lots an'd.the.Declarant (so long as the Declarant owns any property for development and/or sa qq iii, -t-tie coiYununrty has been recorded within the year immediately preceding the beginning of'a Jt n..(-1-'O) yeaF renewal period agreeing to change such provisions, in whole or in part, or to terminate•the same, fxi which case this Declaration shall be modified or terminated to the extent specified'thcrei.n;-'br (b) extended as otherwise provided by law Every purchaser or grantee of any interest (in6iut ihi ,-- without limitation, a security interest) in any real property subject to this Declaration, by ac�eptaiacc of a deed or other conveyance therefor, thereby agrees that such provisions of this pelarationimay he extended and renewed as provided in this Section 23 200112170857 _r 14 4 Amendments In addition to the amendment rights of Declarant set forth in Section•• �l••1.1 of this Declaration, this Declaration may also be amended upon the affirmative vote or. •-v2tten = consent, or any combination thereof, of the Homeowners of at least seventy-five 4 percent. {15N) of the Total Association Vote and the consent of Declarant (so long as the bec�Iarant owns any property for development and/or sale in the Community) Amendments to this peclarationshall become effective upon recordation, unless a later effective date is specified therein ` r 14 55.Gender and Grammar The singular, wherever used herein, shall be construed to mean the".plural , v�heei-_'a�iplicable, and the use of the masculine pronoun shall include the neuter and feiriinin ` 146 SeyerAhility Whenever possible, each provision of this Declaration shall be interpreted in such manner as.'�to be effective and valid, but if the application of any provision of this Declaration to any -person` Or"- 0 --any property shall be prohibited or held invalid, such prohibition or invandi`t}F -shill--not affect any other provision or the application of any provision which can be given effect"wohouv"fhe• -invalid provision or application, and, to this end, the provisions of this Declaratiori afe declaired,to be severable 147 Captions The caption-s_.of each• Article and Section hereof, as to the contents of each Article and Section, are inserted only --for convenience and are in no way to be construed as defining, limiting, extending, or athefvise modtfging'--.or adding to the particular Article or Section to which they refer 148 Perpetuities. If any of the%coveants; conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or Voidable for violation of the rule against perpetuities, then such provisions shall contmue"only u'otil 6yenty-one (2 1 ) years after the death of the last survivor of the now living descendants of the individual signing this Declaration 149 Indemnification To the fullest exiemit llowed,.by-..applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon'ar`-reasorially incurred by any officer or director in connection with any action, suit, or other proceecliiig •(including settlement of any w suit or proceeding, if approved by the then Board of Directors) to••h-ich such officer or director may be a party by reason of being or having been an officen-or 4iirect _- The officers and directors shall not be liable for any mistake of judgment, negligent•tir.•otherwise} except for their own individual willful misfeasance, malfeasance, misconduct, or .bad• faith The officers and directors shall have no personal liability with respect to any contracf"er other commitment made by them, in good faith, on behalf of the Association (except to the ex1erit...that such officers or directors may also be members of the Association), and the Association andIF indemnify and forever hold each such officer and director free and harmless against any arida)!1>abllif t- others on account of any such contract or commitment Any right to indemnificatib�--,p oyided for herein shall not be exclusive of any other rights to which any officer or director,,•Q.. 4*aer officer 24 2() 0 1 1 2 1 7 V 8 57 r _.,Of diredtor, may be entitled The Association may, at the discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if sueh coverage is reasonably available 4' 1.4' 10. -Inspection of Books and Records This Declaration, the Bylaws, copies of rules and..is.� restrictions, membership register, books of account, and minutes of meetings of the memhers.'of the Board -and of committees shall be made available for inspection and copying by any member ort -he Association or by the duly appointed representative of any member and by holders; �.ing&r s, or guAi:antors of any first Mortgage at any reasonable time and for a purpose reasonably- telaled fo such _person's interest as a member or holder, insurer, or guarantor of a first Mortgage At•'ihe..oft"ic.e%of 6e'- Association or at such other reasonable place as the Board shall prescribe '` = 14:'.1QJ. - Every director shall have the absolute right at any reasonable time to inspect all books,:`recordse and documents of the Association and the physical properties Assncuattan• The right of inspection by a director includes the right owned or controlled by the to make extra copies of docuMefits at 'the reasonable expense of the Association. 14.11 Financial Re'u ew• A - sevie'W of the books and records of the Association shall be made annually in the manner, as=;tho Board of Directors may decide, provided, however, after having received the Board's finaneia_l stae'icmnts,at the annual meeting, by a majority of the Total Association Vote, the Homeowners aay require that the accounts of the Association be audited as a common expense by a certified public accountant" 'Upon written request of any institutional holder of a first Mortgage and upon payment of•dil necessary costs, such holder shall be entitled to receive a copy of audited financial stateinetits "w0htn ninety (90) days of the date of the request y4 14.12 Litigation No judicial or adiriinisTrattve prpeeeding shall be commenced or prosecuted by the Association unless approved by dt lust s�vqnty-five percent (75%) of the Total Association Vote This Section shall not apply, ­hbwever.,....tp (1) actions brought by the Association to enforce the provisions of this Declarariori (ixtluding, without limitation, the foreclosure of liens), (u) the imposition and collection ,bf assessments as provided in Article 5 hereof, (iii) proceedings involving challenges to ad valoreti}. tak_ anon, or (iv) counter -claims brought by the Association to proceedings instituted agarnSt..It Thus• Section shall not be amended unless such amendment is approved by the percentage vot'Q5;-•and`pursuant to the same procedures, necessary to institute proceedings as provided above...... ` 25 r 20011217085 Executed the day and year first above written DECLARANT Lincoln Estates, Inc ........ a Washington corporation By Richard M Miet er Its President By 'Michael S 1etzner' . ........ Its Treasurer STATE OF WASHINGTON. COUNTY OF SNOHOMISH On this day personally appe'ked-before me,.R-ic6d M Mietzner, to me known to be the President of Lincoln Estates, Inc, and acknowfedged the said instrument to be the free and voluntary act and deed of said corporation, for 'the uses end purposes therein mentioned, and stated that he was authorized to execute the said iiOrurnen't. as sup -h officer GIVEN under my hand and official sea! this'�day of,4,q,,Am., 2001 C, �OTARy [print name NOTARY PU-RL-W.idaicM� .r. tbe State of PUBLIC Washington, residing.al My commission expire OP 26 200112170857 _ r• STATEOF WASHINGTON ) ss COUFrrY,DF SNOHOMISH } k r On this 'day personally appeared before me, Michael S. Mietzner, to me known to be the Tr"easi rer 4"Lincoln Estates, Inc., and acknowledged the said instrument to be the free and voluwar'y-a& artil &6d of -said corporation, for the uses and purposes therein mentioned, and stated that he wasaiithorizcct ie �xe�ute the said instrument as such officer GIVEN under mv'6- d'and official seal this day of L�2�e�»h2� , 2001 �� �'.. •.. to: ; {'�+r s° [print name] NOTARY PUBLIC in and for the State of 00. Washington, residing at ��— �'� My commission expires A .14 - 27 41JQ112170857 EXHIBIT A Legal Description 4 lots 1 through 12 and 14 through 26, of the Plat of Woodbury at Edmonds, recorded under Snohomish County Auditor's File No S•rfuaie in the County of Snohomish, State of Washington, .4k 28 ?..,UOI12170857