DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
OF
STERLINGWOOD
THIS
DECLARATION is made on the date hereinafter set forth by Chaffey
Corporation, a ,Washington corporation, ("Declarant"), who is
the owner of certain land situated in the State of Washington,
County of King, known as the Plat of Sterlingwood (the
"Subdivision"), which is more particularly described in Exhibit
"A" attached hereto and incorporated herein by this reference.
Declarant
agrees and covenants that the Subdivision and improvements now
existing or hereafter constructed thereon shall be held, sold,
conveyed subject to, and burdened by the following covenants,
conditions, restrictions, reservations, limitations, liens and
easements, all of which are for the purpose of
enhancing and protecting
the value, desirability and attractiveness of such property for
the benefit of all of the owners thereof and their heirs,
successors, grantees and assigns. All provisions of this
Declaration shall be binding upon all parties having any right,
title or interest in the Subdivision, or any portion thereof,
and shall inure to the benefit of each owner thereof and to the
benefit of the Sterlingwood Homeowners Association and shall
otherwise in all respects be regarded as covenants running with
the land.
ARTICLE I
Definitions
For the
purposes of this Declaration, certain words and phrases shall
have particular meanings as follows:
Section 1.
"Association" shall mean Sterlingwood Homeowners Association, a
Washington nonprofit corporation, its
successors and assigns.
Section 2. "Board" shall mean and refer to
the Board of Directors of the Association, as
provided for in Article X.
For purposes of exercising the powers and duties assigned in
this Declaration to the Board, this term shall also mean
the "Temporary Board" of "Declarant" as provided in Article II,
unless the language or context clearly indicates otherwise.
Section 3. "Plat" shall mean and refer to
the Plat of Sterlingwood, as recorded on August 24, 1999, in the
records of King County, State of Washington, under Recording No.
19990824000670, Volume 9 of Plats, pages 93 through 99,
inclusive
Section 4. "Subdivision' " shall
mean that certain real property described in the Plat, and such
additions thereto as may be hereafter brought within the
jurisdiction of the Association.
Section 5. "Declarant" shall mean Chaffey
Corporation, a Washington corporation, its
successors and assigns, if
such successors and assigns should acquire more than one
undeveloped lot from the Declarant for the purpose of
development.
Section 6. "Common Area" shall mean those
portions of all real property (including the improvements
thereto) designated in the Plat as common areas, sensitive
areas, open space, or signage or landscape tracts, or otherwise
owned, used and maintained by the Association for the benefit of
its members. The areas to be owned and maintained by the
Association at the time of recording this Declaration are Tracts
A, B, E, F, G, H, I, J, K, L, and M, as shown on the Plat.
Section 7. "Lot" shall mean and, refer to
any parcel of land shown upon the Plat of the Subdivision, with
the exception of the Common. Area and any land conveyed of
dedicated to King County, the City of Sammamish or local
municipal corporations
Section 8. "Owner" shall mean the record
owner, whether one or more persons or entities and specifically
including the Declarant, of the fee interest in any Lot or Lots
which are a part of the Subdivision, but shall not include a
contract seller or mortgagee Purchasers or assignees under
recorded real estate contracts shall be deemed Owners as against
their respective sellers or assignors.
Section 9. "Member" shall mean every person
or entity who holds a membership in
the Association.
Section 10.
"Architectural
Control Committee" shall mean the duly appointed or elected
committee of the Board of Directors as outlined in Article XIV
of this Declaration.
Section 11. "Development Period" shall mean
that period of time beginning on the date of recording of this
Declaration and ending at the earlier of: (i)
ten (10) years from the date of recording of this Declaration,
(ii) the thirtieth (30th) day after Declarant has transferred
title to individual residential
owners of ninety percent
(90%) of the Lots, or (iii) written notice from the Declarant to
the Association in which the Declarant elects to
terminate the Development Period.
Section 12.
"Residence"
shall mean the single family residence occupying any Lot and
shall be subject to the limitations set forth in Article XI.
ARTICLE II
Development Period
Section 1.
Management by Declarant. Until termination of the
Development Period, either upon the sale of the required number
of Lots, the expiration of ten (10) years,
or at the election of the Declarant as provided above, the
Subdivision shall be managed and the Association organized at
the sole discretion of the Declarant. Management by the
Declarant during the Development Period is for the purpose of
ensuring that the Subdivision is adequately administered in the
initial stages of development and that there is an orderly
transition to Association operations. Each Owner accepts this
management authority in Declarant. Notwithstanding anything to
the contrary herein, or in the Bylaws of the Association, Lots
owned, by Declarant shall not be subject to assessment and the
development of such Lots shall not be subject to review or
approval of the Architectural Control Committee.
Section 2. Temporary Board. Declarant may, in its sole
discretion, and at such times as the Declarant deems
appropriate, appoint three persons who may be Lot Owners, or are
representatives of corporate entities or other entities which
are Lot Owners, as a Temporary Board. This Temporary Board shall
have full authority and all rights, responsibilities, privileges
and duties to manage the Subdivision under this Declaration and
shall be subject to all provisions of this Declaration, and the
Articles of Incorporation and Bylaws of the Association,
provided that after selecting a Temporary Board, the Declarant,
in the exercise of its sole discretion, may at any time
terminate the Temporary Board and reassume its management
authority or select a new Temporary Board.
Section 3. Management Authority. If Declarant does not appoint a
Temporary Board, Declarant
or a managing agent selected by the Declarant shall have the
power and authority to exercise all the rights, duties
and functions of the Board of Directors of the Association and
generally exercise all powers necessary to carry out the
provisions of this Declaration, including but not limited to,
enacting reasonable administrative rules, contracting for
required services, obtaining property and liability insurance,
executing any and all covenants, easements, or other necessary
documentation relating to the Common Area; and collecting and
expending all assessments and Association funds. Any such
managing agent or the Declarant shall have the exclusive right
to contract for all goods and services, payment for which is to
be made from any monies collected from assessments.
Section 4. Expenditures
During Development Period. During
the Development Period, Declarant shall have the sole discretion to use and consume all
or so much of the assessments provided for
herein as in
Declarant's judgment is necessary or
expedient in maintaining the Common Area and carrying out
the other functions of the Association, including but not
limited to, management fees and any legal fees associated with
Declarant carrying out any duties during the Development Period,
including all costs associated with turning over management to
the Association after the expiration of the Development Period.
Section 5. Expiration of Development Period. Upon termination of
the Development Period,
Declarant shall deliver any funds remaining to the Association.
Declarant shall not be liable to the Association or any
Owner for monetary damages for conduct as the Declarant and
shall be indemnified and held harmless by the Association from
any and all legal actions brought by the Association or any
Owner for the management of the Subdivision or administration of
the Association prior to expiration of the Development Period.
After the expiration of the Development Period it shall be the
responsibility of the Lot Owners to provide for the operation of
the Association.
ARTICLE III
Homeowner’s Association
Section 1.
Formation. The Association shall be a non-profit
corporation under the laws of the State of Washington The
Association may be an unincorporated Association during the
Development Period, unless the Declarant elects to incorporate
the Association.
Section 2.
Membership. Every person or entity who is the
contract purchaser or Owner of
any Lot or Lots in the
Subdivision is and shall be a Member of the Association,
provided, however, that if any Lot is held jointly by two
(2) or more persons or entities, the several Owners of such
interest shall designate one (1) of their number as the
"Member." The foregoing is not intended to include persons or
entities who hold an interest merely
as security for the performance of an obligation. No Lot shall
have more than one (1) membership. Membership shall be
appurtenant to and may not be separated from ownership of or the
contract purchaser's interest in any Lot which is subject to
assessment by the Declarant or the Association. Upon transfer of
the fee interest to, or upon the execution and delivery of a
real estate contract for the sale of (or of an assignment of a
contract purchaser's interest in) any Lot, the membership in the
Association shall ipso facto be deemed to be transferred to the
transferee, grantee, contract purchaser or new contract
purchaser. Membership voting rights and the right to use the
Common Area and facilities may be suspended in the event of
default in the payment of any assessments or violation of any
rules and regulations, as provided in the Bylaws of the
Association. In the event of suspension, such Member shall
continue to incur and remain liable for any and all obligations,
including monthly, annual and special assessments.
Section 3. Classes and
Voting Rights. The Association shall have the
following two (2) classes of voting membership:
Class A. Class A
Members shall be all those Owners who qualify to become Members
under Section 2 of this Article, with the exception of the
Declarant. For matters requiring the approval, consent, or
affirmative vote of the Members or the Association, Class
A Members shall be entitled to one
(1) vote for each Lot in which they hold the interest required
for membership under Section 2 of this Article. When more than
one person or entity holds such an interest in any Lot, the vote
for such Lot shall be exercised as they among
themselves, determine, but in no
event shall more than one (1) vote be cast with respect to any
Lot.
Class B. The sole Class B Member shall
be the Declarant (as defined in Article I, Section 5 above). The
Class B member shall be entitled to three (3) votes for each Lot
Declarant owns and/or in which Declarant holds an interest. The
Class B membership shall cease and be converted to Class A
membership on the first to occur of the following events: (a)
the expiration of the Development Period, (b) the Declarant
terminates its involvement in the Subdivision without having
assigned its right to another person or entity, or (c) upon
written notice from the Declarant to the Association in which
the Declarant elects to terminate the Development Period and
convert its membership from Class B to Class A.
Notwithstanding anything to the contrary herein, during the
Development Period, Class A Members shall not be entitled to
vote on any matters and the Subdivision shall be managed by the
Declarant, as provided in Article II above, and the Declarant
may, in its sole discretion, take any action on behalf of the
Association without a vote of the members of the Association.
Section 4. Meetings
of Members. Meetings of Members shall be held and
conducted in accordance
with the provisions of the Bylaws of the Association. The
presence at the meeting of Members entitled to cast, or
of proxies entitled to cast, thirty-four percent (34%) of the
votes of the entire membership shall constitute a quorum for any
action except as otherwise provided in the Articles of
Incorporation, the Bylaws, or this Declaration. Except as
otherwise provided in the Articles of Incorporation, the Bylaws,
or this Declaration, passage of any matter submitted to vote at
a meeting or adjourned meeting duly called, where a quorum is in
attendance in person or by proxy, shall require the affirmative
vote of more than fifty percent (50%) or more of the total votes
present in person or by proxy.
Section 5. Board of
Directors. Upon expiration of the
Declarant's management authority
under Article II, all administrative power and authority shall
vest in a Board of three (3) Directors who shall be nominated
and elected in accordance with, and serve for the terms set
forth in, the Bylaws of the Association. The Association, by
amendment of the Bylaws, may increase the number of directors.
The Board, for the benefit of the Subdivision and all of the
Owners, shall enforce the provisions of this Declaration and the
Bylaws. Meetings of the Board of Directors shall be held and
conducted in accord with the provisions of the Bylaws of the
Association. In addition to the duties and powers imposed by the
Bylaws and any resolution of the Association that may be
hereafter adopted, the Board shall have the power and be
responsible for the following, in way of explanation, but not
limitation:
(a)
Insurance. Obtain policies of general
liability insurance.
(b)
Legal and Accounting Services. Obtain legal and accounting
services as deemed necessary by the Board for the administration
of Association affairs, administration of the Common Area, or
the enforcement of this Declaration.
(c)
Maintenance. Pay all costs of maintaining
the Common Area.
(d)
Maintenance of Lots. If necessary, maintain any Lot
if such maintenance is reasonably necessary in the judgment of
the Board to (1) protect the Common
Area, or (2) to preserve the appearance and value of the
Subdivision or Lot. The Board may authorize such maintenance
activities if the Owner of the Lot has failed or refused to
perform maintenance within a reasonable time after written
notice of the necessity of such maintenance has been delivered
by the Board to the Owner of such Lot, provided that the Board
shall levy a special assessment against the Owner of such Lot
for the cost of such maintenance.
(e)
Discharge of Liens. Pay any amount necessary to
discharge any lien or encumbrance levied against the entire
Subdivision or any part thereof which is claimed or may, in the
opinion of the Board, constitute a lien against the Subdivision
or against the Common Area rather than merely against the
interest therein of particular Owners. Where one or more Owners
are responsible for the existence of such liens, they shall be
jointly and severally liable for the cost of discharging it and
any costs or, expenses, including reasonable attorney’s fees and
costs of title search incurred by the Board by reason of such
lien or liens. Such fees and costs shall be assessed against the
Owners responsible (and their respective Lots) to the extent of
their responsibility.
(f)
Utilities. Pay all utility charges
attributable to Common Area.
(g)
Security. Pay all costs deemed
appropriate by the Board to ensure adequate security for the
Lots and Common Area.
(h)
Right to Contract. Have the exclusive right to
contract for all goods, services, maintenance, and capital
improvements deemed appropriate by the board for the
administration of Association affairs and the administration of
the Common Area.
(i)
Improvement of Common Area. Improve the Common Area with
capital improvements to
such Common Area; provided that for those capital improvements
exceeding $10,000, twenty-five percent (25%) of the
Owners must approve the addition of such capital improvements to
the Common Area.
(j)
Right of Entry. Enter any Lot or Residence,
when reasonably necessary, in the event of emergencies or in
connection with any maintenance, landscaping or construction for
which the Board is
responsible. Except in cases of emergencies, the Board, its
agents or employees shall attempt to give notice to the
Owner or occupant of any Lot or Residence twenty-four (24) hours
prior to such entry. Such entry must be made with as little
inconvenience to the Owners as practicable, and any damage
caused thereby shall be repaired by the Board if the entry was
due to an emergency (unless the emergency was caused by the
Owner of the Lot entered, in which case the cost shall be
specially assessed to the Lot). If the repairs or maintenance
activities were necessitated by the Owner's neglect of the, Lot,
the cost of such repair or maintenance activity shall be
specially assessed to that Owner and Lot. If the emergency or
the need for maintenance or
repair was caused by another Owner of another Lot, the cost
thereof shall be spatially assessed against the Owner of
the other Lot.
(k)
Employment of Manager. Employ a manager, an
independent contractor, or such other
employee as the Board deems necessary and describe the duties of
such employees.
(l)
Payment for Goods and Service. Pay for all goods and services
required for the proper functioning of the Common Area.
(m)
Impose
Assessments. Impose annual and special
assessments.
(n)
Bank
Account. Open a bank account on behalf
of the Association and designate the signatories required.
(o)
Easements. Execute any and all covenants,
easements, or other necessary documentation relating to the use
of Common Area.
(p)
Exercise of Powers, Duties and Authority. Exercise for the Association
all powers, duties and authority vested in or delegated to the
Association and not reserved to the membership by other
provisions of the Bylaws, Articles of Incorporation, or this
Declaration. The Board shall have all powers and authority
permitted to it by law and under this Declaration and the
Bylaws. However, nothing herein contained shall be construed to
give the Board authority to conduct a business for profit on
behalf of all the Owners or any of them.
ARTICLE IV
Assessments
Section 1. Personal
Obligations and Creation of Lien Assessments. Subject
to the provisions of Section 2 -below, each Owner of any Lot, by
acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay
to the Association, or to' Declarant or any designated managing
agent during the. Development Period:
(a)
annual
or monthly assessments or charges; and
(b)
special assessments as authorized
herein or in the Declaration.
The
assessments, together with such interest thereon and cost of
collection thereof, as hereinafter provided, shall be a
continuing lien upon the Lot against which each such assessment
is made and shall run with
the land. Each such assessment, together with interest thereon
and costs incurred in collecting the assessment
(including reasonable attorney’s fees), shall also be the
personal obligation of the person who was the Owner or contract
purchaser of such property at the time when, the assessment fell
due. No Owner or contract purchaser shall be relieved of
liability for the assessments by non-use of the Common Area or
abandonment of any Lot. The personal obligation for delinquent
assessments shall not pass to successors in title unless
expressly assumed by them. The Association may take any action
deemed appropriate too effectuate collection of unpaid
assessments.
Section 2. Common
Area and Declarant Lots Exempt. The Common Area and
all portions of the Property dedicated to and accepted by a
government or public authority, and all Lots owned by Declarant,
shall be exempt from assessments by the Association.
Section 3. Purpose
of Assessments. The assessments shall be used for the
purpose of promoting the recreation, health, safety and welfare
of the Owners and/or their guests, including without limitation:
the construction, establishment, improvement, repair,
maintenance and other expenses of the Common Area and the
services and facilities related to the use and enjoyment of the
Common Area; the payment of utility charges, taxes and
insurance; maintenance of sensitive areas, open space, and
native growth protection easements and other obligations related
thereto, if any, as set forth in the Plat or otherwise required
of the Declarant and/or the Association by governmental
agencies; installation and maintenance of any properties,
landscaping or improvements desired or required in the Plat or
this Declaration; and other
items deemed necessary and proper by the Declarant or the
Association to keep the Subdivision in a good, clean,
attractive and safe condition in compliance with all applicable
codes, laws, rules and regulations. Assessments may also be
levied to pay for any professional services, advice or
consultation incurred by the Declarant or by the Association in
carrying out its duties.
Section 4.
Establishing Assessments. The regular budget and any
revised or special budget of the Association, including any
reserves as provided herein, shall be adopted by the Board of
Directors and shall be ratified by the Members of the
Association as set forth herein or otherwise.
permitted under, Washington law.
Within thirty (30) days after adoption by the Board of Directors
of any proposed regular or special budget, the
Board, shall set a date for a meeting
of the Members to consider ratification of the budget. Written
notice of the meeting shall be sent to all Owners not less than
fourteen (14) days, nor more than
sixty (60) days in advance of the meeting, setting forth the
purpose of the meeting. Unless at that meeting a
majority vote of the voting power of the Members who are
present, in person or by proxy, and entitled to vote at such
meeting rejects the budget, the budget shall be deemed,
ratified, whether or not a quorum is present. During the
Development Period, the approval of the Declarant shall be
required for ratification of any proposed budget. The Board
shall cause the ratified budget and the assessments to be levied
against each Lot for the following year to be delivered to each
Member at least thirty (30) days prior to the end of the current
fiscal year. In the event the proposed budget is not ratified or
the Board fails for any reason to determine the budget for the
succeeding year, then and until such time as a budget shall have
been determined, as provided herein, the budget in effect for
the then current year shall continue for the succeeding year.
Section 5. Annual
Assessment. Until January 1, 2001, the annual
assessment is estimated to be $300.00 per Lot; fifteen percent (15%) of which, or such
higher percentage as may be charged, shall be allocated
and paid to the Declarant for management services provided to
the Association by the Declarant or by a professional management
firm. Such allocation of funds to the Declarant shall cease when
the Development Period expires and the Association assumes
collection costs, bookkeeping, and other management
responsibilities.
Section 6. Special
Assessments. In addition to the annual assessments
authorized above, the
Association may levy special assessments through the use of a
special budget adopted by the Board of Directors and
ratified by the Members in accordance with Section 4 above. The
special assessments may be used to cover (1) unanticipated
financial shortfalls, maintenance or liability expenses,
including without limitation the cost of legal fees and costs
incurred in legal actions in which the Association is a party,
or in which a member of either the Board or the Architectural
Control Committee is named as a party as a result of a decision
made or action performed while acting on behalf of the
Association, (2) extraordinary expenses such as the cost of any
construction, reconstruction, repair or replacement of a capital
improvement of the Common Area, property, street lighting,
fixtures or improvements of the Association, including repairs
or renovation, or (3) any other reasonable expenses incurred by
the Association.
Section 7. Reserves
for Repair or Replacement. As a common expense and as
a part of any:. regular or special budget of the Association, the
Declarant or the Association may establish and maintain a
reserve,, fund for repair or replacement of improvements and
community facilities thereon. The reserve fund shall be expended
only for the purpose of repair, replacement or improvement to
the Common Area and any improvements and community facilities
for which the Association is responsible, and for start up
expenses and operating contingencies of a nonrecurring nature.
The proportional interest of any Owner in any such reserve shall
be considered an appurtenance of such Owner's Lot and shall be
deemed to be transferred with such Lot in the event of a
transfer or sale.
Section 8. Uniform
Rate. All assessments shall be fixed at a uniform
rate for P C\ all Lots subject to assessment; provided however,
that Lots owned by the Declarant are not subject to any
assessment or charge hereunder.
Section 9. Date of
Commencement of Assessments; Due Dates. The
assessments provided for..
herein shall. not
commence prior to the first day of the month O following the
conveyance of the first' Lot from the Declarant. As to each
particular Lot involved, the liability for the assessments shall
begin on the first day of
the calendar month following the date that any deed or real
estate contract for the Lot is transferred or recorded,
or on the first day of the calendar month following occupancy of
the premises, whichever is
earlier. Said assessment shall be due and .payable on such date
and on the first day
of each calendar month thereafter,
or on a monthly, quarterly or annual date designated by the
Declarant or the Board of Directors.
Section 10. Effect
of Non-Payment of Assessments; Remedies. If any
assessment is not paid within thirty (30) days after it was
first due and payable, the assessment shall bear interest from
the date on which it was due at the rate of twelve percent (12%)
per annum. Unpaid assessments, plus interest, costs and attorney
fees incurred by the Association in collecting assessments,
filing and recording liens, enforcing the provisions of the
Bylaws and this Declaration, or defending itself in any
litigation shall constitute a lien on the property as provided
in the Bylaws and this Declaration. The Association may bring an
action against the one personally obligated to pay the same
and/or foreclose the lien against the property, and interest,
costs and reasonable attorney's fees of any such action shall be
included in any judgment or decree entered in such suit. Each
Owner hereby expressly vests in the Association or its agents
the right and power to bring all actions against such Owner
personally for the collection of such assessments as debts and
to enforce lien rights of the Association by all methods
available for the enforcement of such liens, including
foreclosure by an action brought in the name of the Association
in like manner as a mortgage of real property. Each Owner hereby
expressly grants to the Association the power of sale in
connection with such liens. The liens provided for in this
Section shall be in favor of the
Association and shall be
for the benefit of the Association. The Association shall have
the power to bid in an interest at foreclosure sale and
to acquire, hold, lease, mortgage and convey the same.
Section 11. Subordination of the Lien to First Mortgages. The
lien of the assessment provided for herein shall be subordinate
to the lien of any first mortgage (and to the lien of any.
second mortgage given to secure payment of the purchase price)
now or hereafter placed on the Lot, only in the event that: the
lien for delinquent assessments has not been recorded with the
King County Auditor at the time of the recording of the mortgage
lien. Sale or transfer of any Lot shall not affect the
assessment lien. No sale or transfer .shall relieve such Lot from liability for any assessments
thereafter becoming due or from the lien thereof.
Section 12. Budget Deficits
During Development Period. During
the Development Period, Declarant may: (a) advance funds to the
Association sufficient to satisfy the deficit, if any, between
the actual operating expenses of the Association (but
specifically not including an allocation for capital reserves),
and the sum of the annual and special assessments (including
reserves) collected by the Association in any fiscal year, and
such advances shall be evidenced by promissory notes from the
Association in favor of the Declarant; or (b) cause the
Association to borrow. such amount
from a commercial lending institution at the then prevailing
rates for such a loan. " The
Declarant in its sole discretion may guarantee repayment of
such. loan, if required by the
lending institution, but no mortgage
secured by the Common Area
or any of the improvements maintained by the Association shall
be given in connection with such loan.
ARTICLE V
Common Areas
Section 1.
Conveyance of Common Area. Declarant hereby transfers
and conveys to the
Association for the common use and enjoyment of the Association
and the Owners, the Common Area, as
defined in Article I,
Section 6 above, including Tracts A, B, E, F, G, H, I, J, K, L,
and M, as shown on the
Plat. Tracts A and B are
designated as sensitive areas and are subject to the
restrictions and obligations set forth in the Plat.
Section 2.
Association to Maintain Common Area. The Association
shall have the obligation of maintaining and preserving the
character and function of the Common Area, and shall pay the
actual cost of the same from annual or special assessments as
appropriate.
Section 3. Use of
the Common. Nothing shall be altered or constructed
in, or removed from the Common Area except upon prior written
consent of the Architectural Control Committee, or the Declarant
during the Development Period. No trash, plant or grass
clippings or other debris of any kind shall be dumped, deposited
or placed on or within' the Common Area. No structures of any
kind, including fences and walls, may be built or placed within'
any right-of-way or easement delineated on the Plat except as
deemed appropriate by the Architectural Control Committee, or
the Declarant during the Development Period, and King County or
the City of Sammamish.
Section 4. Rights-of-Way
Within the Plat. King County or
the City of Sammamish shall be responsible for maintaining all
rights-of-way within the Subdivision. All street trees planted
adjacent to streets or sidewalks within the Subdivision shall be
maintained by the Association.;: ' The landscape planter island
within N. E. 21s' Street shall be equally maintained by the
Owners of Lots 4, 5, 6, 7, 8 and
9, and the landscape
planter island' within the traffic bubble on 205th Place N.E.
near Tracts C and D shall be equally .maintained by the
Owners of Lots 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67.
Section 5. Repair
of Common Area. Any damage to the Common Area or
improvements thereon, including landscape plantings, sprinkler
systems, fences, berms, etc., by the
Owners or. their children,.
or guests shall be repaired within
one week by the Owner who caused the area to be ,.damaged. If
such repairs are not made timely, the Association shall execute
the repair and the Owner shall be obliged to immediately remit
funds for the repair. If the Owner fails to promptly make
payment for such repairs, the Owner shall be charged interest at
the rate of twelve (12%) percent per annum.
Section 6.
Management. Each Owner expressly covenants that the
Board, and the Declarant,
during the Development Period, may delegate all or any portion
of their management authority to a managing agent,
manager or officer of the Association and may enter into such
management contracts or other service contracts to provide for
maintenance and the operation of Common Area and any portion
thereof. Each Owner is bound to observe the terms and conditions
of any such management agreement or employment contract, all of
which shall be made available for inspection by any Owner on
request.
ARTICLE VI
Easements and Maintenance
Section 1.
Easements for Utilities. The easements granted to
King County, Puget Sound Energy, U.S. West, Northeast Sammamish
Sewer and Water District, and T.C.I. Cable T.V. Company for
sidewalks and utilities, as
shown on the Plat (the "Utility Easements"), are incorporated
herein and hereby reserved on each Lot or Tract as set
forth on the Plat. No Lot Owner shall allow or permit any
structure, fill or landscaping to be located, installed or grown
upon the area subject to the Utility Easements which might in
any way damage or interfere with the installation and operation
of such utilities and systems. Each person utilizing the Utility
Easements shall restore such area to a condition as close to its
original condition as reasonably practical after making such
use. Each Lot Owner shall maintain the area of his Lot subject
to the Utilities in a condition which will not interfere with
the operation and maintenance of said utilities and systems. Lot
Owners may not relocate, remove or disturb any utilities,
including utility boxes, without the express written consent of
the Association and current holders of the Utility Easements.
Section 2.
Drainage, Easements. Various drainage easements are
indicated on the Plat. Structures, fills or obstructions,
including, but not limited to, decks, patios, outbuildings or
overhangs, shall not be permitted within drainage easements.
Additionally, grading and the construction of fencing shall not
be allowed within drainage easements unless otherwise approved
by King. County or the City of Sammamish and
the Architectural Control Committee, or the Declarant during the
Development Period. The private storm drainage easements
identified on the Plat shall be maintained as follows:
(a)
The
private storm drainage easement within Lot 57 is for the benefit
of Lot 56. Lots 56 and 57
shall be responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage
system used in common.
(b)
The
private storm drainage easement within Lot 35 is for the benefit
of Lot 34. Lot 34 shall be
responsible for the cost of maintenance, repairs of
reconstruction of the storm drainage system.
(c)
The
private storm drainage easement with Lots 54 and 55 is for the
benefit of Lots 53 and 54.
Lots 53, 54 and 55 shall be responsible for the cost of
maintenance, repairs or reconstruction of that portion of
the storm drainage system used in common.
(d)
The
private storm drainage easement within Lot 52 is for the benefit
of Lot 51. Lots 51 and 52
shall be responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage
system used in common.
(e)
The
private storm drainage easement within Lot 44 is for the benefit
of Lot 45. Lots 44 and 45
shall be responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage
system used in common.
(f)
The
private storm drainage easement within Lots 46 and 47 is for the
benefit of Lots 47 and 48. Lots 46, 47 and 48 shall be
responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage system used
in common.
(g)
The
private storm drainage easement within Lot 49 is for the benefit
of Lot 50. Lots 49 and 50
shall be responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage
system used in common.
(h)
The
private storm drainage easement within Lot 4 is for the benefit
of Lot 5. Lots 4 and 5
shall be, responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage
system used in common.
(i)
The
private storm drainage easement within Lots 7, 8 and 9 is for
the benefit of Lots 6, 7 and 8. Lots 6, 7, 8 and 9 shall be
responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage system used
in common.
(j)
The
private storm drainage easement within Lots 16, 17 and 18 is for
the benefit of Lots 15, 16 and 17. Lots 15, 16,17 and 18 shall be responsible for the cost of
maintenance, repairs or reconstruction of that portion of the
storm drainage system used in common.
(k)
The
private storm drainage easement within Lots 19 and 20 is for the
benefit of Lots 18 and 19. Lots 18, 19 and 20 shall be
responsible for the cost of maintenance, repairs or
reconstruction, of that portion of the storm drainage system
used in common.
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