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HomeMy WebLinkAbout1996 - Covenants, Conditions & Restrictions - Home Depot - 199606122127199606122127 RECORDING REQUESTED BY AND WHEN RECORDED RETURN T0: Jane Ram Nana LANE POWELL SPEARS UJBE SKI 1420 Fifth Avenue, Sake 4100 Seattle, Waiietton 98101-2338 COVENAKIS, CONDr[1ONS AND RFSIRICI1ONS DATED: /. , 1996 by Hone Depot U.S.A., Inc., a Delaware corporation PLED FOR RECORD AT THE REQUEST OF •:! 'rnN 1'TLF INSURANCE CD • v tmotirn No. MINE aaPan,t:saUerua Property Addreer: 6810 S. 180th Street Rtcwila. PIA 98188 i RECEIVED DEC 28 2018 Community Development • • 9606122127 • • TABLE OF CONTENTS 121,1E 1. RECITALS1 2. IMPROVEMENTS 10 OMPARCELS; SIGNAGE 3. EASEMENTS 7 4. RESTRICTIONS ON USE AND OPERATION 10 5. COMMON AREA MAINTENANCE 17 • 11BAUVA Legal Description of Home Depot Parcel El*MAI Legal Description of Parcel B EgoitKAI Legal Description of Parml C • lait-•4 Legal Description of Parcel D Site Plan EAML.c Legal Description of Home Depot Easements BOW SIM TIMAICCilli IJIZAJ town. MIIMIPOU•141 AGM MAL di• • • C • • a11.111•11•111e 9606122127 COVENANTS, CONDITIONS AND RESTRICTIONS THESE COVENANTS. CONDITIONS AND RESTRICTIONS ("Declaration') are made as of the/11 day of :5(11r 1996. ty Home Depot U.S.A . Inc. ('Name Depot'). ARTICLE 1. RECITALS 1.1 Hone Depot is the Owner of Parcels A, B, C and D ('Parcels'). The Parcels are located at 6810 S. 180th Street, Tukwila, King County, Washington and are more particularly described on Eaheltit 41, FAN! Art, F.xbib * A-3 and lit A-4 re ive)y attached hereto and incorporated herein (*Development"). Parcels B, C and D are sometimes referred to herein as the 'Outpaced' or 'Oatpareels'. and Parcel A is sometimes referred to herein as the 'Major Pattd'. 1_2 Home Depot desires to provide for the construction. development. operation and maintenance of the Omparcels consistent with the Major Parcel as hereinafter provided. The owner of an Ou*parcel is hereinafter referred to as 'Outppat-eel Owner': Home Depot is the Otsparcel Owner as of the date hereof. but upon conveyance of fee title to an entity other than Home Depot, said entity shall become the Compared Owner with respect to such Outpace' atd Home Depot shall be released from any obligations as Outpareel Owner with respect to such Outparcel. Notwithstanding Home Dnot's common owmership of each Outparcel and the Major Parcel. such common ownership shall not use a merger of any of the easements. rights and benefits, granted hereunder to any Parcel over another Parcel. nor cause a merger of any of the obligations cr burdens placed hereunder upon a Parcel for the benr;it of another Parcel. 1.3 "Cannon Area' shall be the portion of the Major Parcel and Parcels B, C and D intended for the noearctosive use by the Outparcel Owners and Home Depot and their tenants. subtenants. employees, wottssiambes. licensees. customers, and buskins invitees, in common with other users as permitted by this Agreement. Common Areas shall include, but be limited to. parting area. access roads. driveways. walkways. sidcwalls and landscaping. The Common Area shall iachtde all isms of ca®on area shown on dr Site Plan. Common Area ',^11 not include any building area and truck and/or ioading docks or the concrete aproo err ramp leading to such areas. but will Oxhide any asphalt paved areas immediately adjacent to and adjoining such commie apron or ramp area. ARTICLE 2. IMPROVEMENTS TO OUITi►R Z S; SIGNAGE 2.1 Railings and hntpwseata. Prior to construction. reconstruction. replacement or modification of any building or other impw emeres within Outpaeoels B and C. Outpareel Owner shall deliver to Horne Depot or Home: Depot's designated representative four (4) aeons poor wawaaocaa L A: aaltear IW :.r.4 r • Ae.e..vw • • complete sets of its schematic site plan and plans showing. among other things. the location of all intended facilities and improvements to the Outparcel, including patting areas, automobile ids and egress. nub arts and traffic flow, signalization and signage to and within the Owparcel, scbeaatic architectural and engineering plans, landscaping drawings, grading and drainage plans, floor plans and plan` and specifications for signs, which plans, drawings and specifications shall show, among other things, exterior an.hitectural design and decor, elevations. and other Ines pertinent data and outline specifratioes for all such facilities and improvements to the Outpace', all of which ate Iweimfler called -Plans and Spedficatione. The foregoing shall apply to Parcel D only as follows: the Outparoef Owner of Parcel D shall deliver Plans and Specifications for its site work only, such as civil engineering plans but not building plans. All Outpaced buildings oo Parcels B and C shall be located within the -Building Area' designated therefor on the Site Plan attached hereto as Eghnit B and incorporated herein. No Outparcel building shall exceed one (1) story and twenty (20) feet in height so tong as Home Depot operates a store ice Parcel A. provided, however, the Owner of Parcel D may construct a multiple story building so bog as it is no higher than 30 feet. The height of any building shall be treasured pap ndicular from the finished floor elevation to the top of the rod smrcwre. including any screening, parapet. penthouse, mechanical equipment or similar appurtenance located on the roof of such bui ding. All utility facilities serving such Outparcel building shall be underground. 2.2 Plan Approval. lei A. Wruhia thirty (30) days after the submission of t1r Plana and Specifications. c^v� Home Depot shall notify Outparcel Owner whether the same are approved or disappnwed. Home Depot's approval shall tot be unreasonably withheld. Any disapproval shall set firth the :D specific reasons for such disapproval. Thereafter. Otnsparcel Owner shall revise its Places and O Specifications to incorporate such ct.nges as may be requested to secure Home Depot's approval 7 and shall deliver two (2) nomplaed copies of the revised Plant and Specifications to Home Depot. If Home Depot fails to notify Outpace! Owner of its approval or disapproval within thirty (30) days of the receipt of such Plana and Spccifirtioas. Home Depot shall be Seemed to have approved such Plans and Specifications. To the extra any subsequent material changes. in its reasonable discretion. are nude by Ougraivel Owner to arty approved Plans and Specifications. such charges shall be subjeu to the provisions of this Section 2.2 and Outparcel Owner shall secure the approval of Hams Depot in the name provided. D. Home Depot any bass as approval or disapproval of Plans and Specifications on criteria which may include, tut shall 0r• K. limited to. the following: the adequacy of the Otnparcel building location and damns; ' - he Outparoci: the adequacy of the parking to be provided: ca fhrmity and harmony of ..xeernl design with illIprOVCMCIX5 o0 the other Petals; the effective location and use Of proposed improvements co die other Parcels and the types of opaaioas and uses thereof: relation of topography. grade and finish ground floor elevation of the Outprcd beitog iaptmed to that of the other Parcels: proper facing of main elevation with respect to nearby meets: adequacy of smelting d trash facilities and mechanical an cooditioonig, sadly dish, or other rooftop installations: and adequacy of note onornxnawcrr 2 t i Esi [ COI A1I4110610 0.ISM JOY qMt. • • Home i>rtudirg, wi our ! Depot shall not be liable in damages or � for any reason, u oru in .cwirhhoit l with the � mistake in judgment. negIgeace or nookasance, arising out approval or disapproval or failure to approve or disapprove any application submitted pursuant to this Declaration. Every Outpanxl Owner or its agents submits plaits. drawings and/or mecifications to Home Depot for approval agrees by submission of such plans. drawings and/or specifications, and title thereto or interest therein, that it Y l Darla tees by acepct reamer bring say atxioo or sou againsnst Home Depo: w defend, any ni and bid bar: 'linen tJ� its � �s to indemnify. employees and Depot and ns officers. directors. shareholders. � (ircial i s against any and all claims, costs, loss. liability, damage or approval or a rneys' tea and court costs) arising ow of or related to the by r onnJ behalfdisapproval of �l . drawings wner and/or specifications submitted to Home Depot approval of the plans, draw' and/or o�Wsrr• Na engineering shag bee considered an dCYimiBatipa that the � specifications from an eagmeenrg perspective or a eaviroamrmal or plats, drawings and/or specifications an suitable to men have been built in enrol re designering standards. or that any buildings or impra�..t� Pam. drawings and/or specifications. P y is Signs. Prmadvely of idea the otherwise permittedpermittedto Home Depot by governmental approvaffected thereby. Parcels B and C may hate, subjem ro govatarand approvalal such signs list be an is Parcels B and C as Home Depot shall apprae in writing, which uooabty withheld. Such signs shall a ogle designation for sub anof such Outpace'. Any c to the initial design of any sign structure shall be prior written approval of Home Depot. The size and design of all sign fascia il displayed on such sips shall be subject to tbe prior wriums CD approval shall ro be ra ooaWy wirhhdd. 1 dal of Home Depot which �repairing and replacing h sign structure andshall paid l 2.4 Staring Signs. There shall be no other signs, banners, or similar advertising media allowed on Parcels B and C. Crept directional sips. handicap parking. signs on be and teor'+ry promotional signs. All or boating s on Parcels B and C dull . conform to the H Depot Sim the businesses Cor services located or provided therein. and shall to time; and shall be approved br Home quirements ( D 0°)• as revised from time 2.5 General Cotttstrcepou . A. All Amnion a expansion of pa�rnted in the construction. =an ounce 1ePaa tePlacement, Ompaion shall be etfeof any builder. or common area improvements loaned on the unseasonably interfere, obstruct emeditiously as possible and m such a manner as not to thereof, b or from `may (i) access to or bons the Major Parcel. or any part Major Pared: b n me use. le right-of-nay. (u) construction ,it being performed on the rslol'mea or occupancy of the Major Par! by Home Depot. NOME orrvniucsavCCIX ug,V XOGru'ppAMIXN,OIll 3 • • YAcalA. • • or Home Depot's occupants or their tenants, subtenants, agents. contractors or employees ('Ocestpanta'). B. All work performed in the construction. maintenance, repair, replacement, alteration or expansion of any building. sign or common asa impnrvemerus located in an Outpucel shall be in compliance with all applicable laws, rules, regulations. orders and ordinances of the city, county. state and federal govern:nem. or any department or agency thereof; and no such work shall cause any building located on the Home Depot Parcel to be in violation of any such laws, rules. regulations, ordcts or ordinances. C. Staging for the construction, maintenance. repair. replacement. alteration or expansion of any building. sign or common area improsements located in the Outparcel including. without limitation, the location of any temporary buildings or construction sheds. the storage of building materials, and the parking of construction vehicles and equipment shall be limited to that Outparcel. At the request of Home Depot, Outparcel Owner shall fence off such staging and storage areas. Unless otherwise specifically stated herein. Outparcel Owner shall, at its sole cost and expense. ptompdy repair and restore or muse to be promptly repaired and restored to its prior condition all buildings. signs and common area improvements damaged or destroyed in the puformaoce of such work. D. All wort performed in the comtrtrtxuo. maintenance. repair, replacement. $ • alteration or expansion of any buiktirtg. sign or common ales improvements located in an aA Ouipartxl shall be done in a good and workmanlike manner and in accordance with ;pod engineering standards. Web respect to Parcels 13 and C. common area wank shall meet hrac,d the minimum general design sandards for the common are imprvveme s located on the Major • Parcel. inchtdiv. without limitation. with regard to the minimum maintained Ileum, ,.tteasi'y T at grade ar all poians in the common areas. the slope of the sparking areas. and rue surface materials used for the parking areas. E. If any mechanic's. materialmen's, architect's, or other design or construction tails snail be fled against the Major Parcel or any Ouuparoel for any sat done or materials furnished in connection with the perbormaooe of the wort described m subparagraph A above. Outparcel Owner shall cause the lien to be satisfied and released of record. Ootparcel Owner shall, within thirty (30) days after filling thereof, either (i) cause any such outstanding lies or claim of lies to be released of word or transferred to bond m accordance with applicable Izw. or (ii) give such assurarces as would enable a title insurance company to inane over said owsnodog lien or claim of lien. failing both of which Home Depot shall base the right. at Outpar el Owner's expense. to transfer said lien to bond. O':marael Owirr shall indemnify. protect, defend and hold harmless Home Depot and es offices, directors. shantholdes. employees and agents from any and all liability. claims. damages, ta:pc* es (including reasonable atrorsry's lee: and reasxwble auorneyr's foes oo any appeal). liens. dame of lien. judgmeacs. proceedings and causes of action. arising out if or in any way connected with the performance of such wok, unless caused by the negligent or willful act or omission d the indemnified person. is tenants, subtenants. agents. contractors or employees. NONE RJORTUXM AYitl LArcAe [ 'C0IIMA,MO mOu two Apt 4 FiNAL • • •01111.011a • • E Home Depot hereby grants and conveys to Outparcel Owner and to its respective contractors, materialmen and laborers a temporary license for access and passage over and across the common area of Home Depot's Parcel as shali be reasonably necessary for the Outparcel Owner to construct and/or maintain improvements upon Outparcel Owner's Parcel; provided. however. that such license shall be in effect only during periods when actual construction and/or maintenance is being performed and provided further that the use of such license shall not unreasonably interfere with the use and operatioa of the commoo area On the Major Parcel by odien. Prior to exercising the rights granted herein. Outparcel Owner shall first provide Home Depot with a written statement describing the need for such homse, and shall furnish a certificate of insurance shoaling that its contractor has obtained the minimum insurance coverage required by this Decl; ration or. if the Outparcel Owner is performing the work itself, a statement ro that dia.:. Outpace! Owner shall promptly pry all costs and expenses associated with such work, shall diligeody complete st=h work as quickly as possible, and shall promptly el= the area and restore the affected ponion of the common area on the Major Parcel to a condition which is equal to or better than the condition which existed prior to the commencement of such node. G. Outparcel Owner hereby agrees to indemnify, protect, defend and hold harmless Home Depot and its Occupants and their &linen. directors. shareholders, employees and agene from and against any and all liability, rl'ines, damages. costs. omen= (including reasonable aturney's fees and reasonable attorney's fees on any appeal). judgments, proceedings and causes of action. for injury to or death of any person or entity or damage to or destruction .4 of any property (i) occurring in the Major Parcel or an Outparcel and arising our of or resulting II, from any coostruction activities performed by or at the request of Outparcel Owner or its 114 occupants. or (ii) occurring within the buildings 'ceased on an Outparcel. unless in either event cp caused by the negligent or willful act or omission of Home Depot or Horne Depot's employees SI or anyone claiming by or through any of tem. Rom Depot hereby agrees to indemnify. .F1 proem, deknd and hold harmless Outpace, Owners and its Ckcupants and their officers. directors. shardiokrs, employees and agents from and against any and all liability. cbims, damages. costs, expenses (including reasonable anorney's fees and reasonable attoroey's fees on any appea:). judgments. proceedings and causes of aCtiOn, for injury or death of any person or entity or damage to or destruction of any property (i) occurring on the Major Panel or an Ovarian:et and arising out of or resulting from any construction axivities performed by or at the request of Home Depot or its 0o:imams, or (ii) occurring wnhin the buildings located on the Major Parcel. unless in ender event . vused by the negligent or willful as or omission of the Outpace! Owner or its employees or anyone claiming by or troop any of them. H. During all periods of constmcnoo, Outpace! Owner agrees to procure and maintain. :if to cause to be proctoul and maintained (mil such construction has been competed, comprehensive general liability insurance with broad form coirmage endorsement and an owned or nonowned vehicles nadonaneu with combined single limits of not less than $2.01:10,000 per occurrence. Sucb insurance mast include broad form general liability endorsement and trend form property damage coverage includiag. but not limiied ro. damage ari usg from explosion. collapse of structures or other property and damage to underground utilities and property with any X.C.U. exclusion =med. The inauranx mitst Wehrle contractor's protective liability NOME ROOT inramocaa LOSEAI a JP.HOicepaialin AGIO 5 FMK • • -TRIveja. L • • A16 insurance. produa and complesed operations coverage and contractual liability insurance. The comprehensive general liability policy shall be endorsed to include personal injury, iibel, slander, wrongful eviction, and false arrest. All policies of inswance provided hereunder shall be written on an "occurrence basis, if vailable, and, if not, on a "daims made basis. The above policy of insurance shall name Home Depot as an additional insured. Outparcel Owner shall furnish Home Depot certificates (and. if requested by Home Depot, with a copy of the insurance policy as well) showing such coverage and sl,raing that coverage will not be canceled, materially changed Of nonrenewed without thirty ;30) days prior written notice to Horne Depot. If coverage is obtained by naming Home Depot as additional insured. the policy must contain a cross liability clause and a breach of warranty clause and the certificate must so indicate. If the required coverage is obtained through a combination of commehensive general liability and umbrella coterage, die certificue for umbrella coverage must also show that Home Depot will be given thirty (30) days prior written notice of cancellation, material change or nonrenewal. I. After C00110t54MCIII of Ilse work with respect to any Outparcel buildings or impriaememsarai apptoval ty Home Depot in accordance with the terms hereof if such approval is required, such work shall be diligently promuied so that the Outparcel building or impronemencs shall sot remain in a pardy finished condition any k-ager than reasonably necessary for the completioo thereof. During any consmiction, die construction site and suncitmding areas shall be kept reasonably clean and free of commie:ion materials, trash and debris and appropriate precautions shall be taken to protect against personal injury and property damage to Home Depot. other Outpace' Owners and their occupants and invitees. With rcgard to excavation, and without limiting any other provision of this Declaration. 110 CICaleati00 shall h be made on. and no sand. gravel. soil or other material shall be removed froni, the Om:parcel, except in connection with the cowtnzzion or alteration of Outparcel buildings or improvernerrs approved in the manner set forth in this Declaration, if apprtiral is required. aad upon CO conviction of any stsch operations. exposed openings shall be hackfilled and disturbed ground s. shall be graded. leveled and paved or L-ndsaairvi in accordance with the approved Plans and Specifications. J. All portions of an Outparcel which cannot be used for buildings due to parking ratio and Building Ann requirements shall be developed as parking ans. All portions of an Ouiparcel which can be used for buildings in compliance with parking and Building Ara requirements shall be either developed as parking or landscaped um or covened with a one -inch asphalt dust cap and kept weed free and clean by Otimarcel Owner. 2.6 Building Maintenance. From and after the date construcfion of a building cn an Outparcel is completed. the exterior of such build*. Landscaping and parking areas shall be maimained by Outparcel Owner in first class ceder. condition and mpart. 2. ' Damage and Destruction. [fan Outparcel Owner's building or kw:mow:mem is 6=41%1 or destroyed, such aparcel Owner may. but shall tax be obligated to, restore is buildieg or improvements within the Building Areas shown oo the Site Plan for suth Outparcei. If an Ontparcel Owner ekes to so restore its building or kaprewernenta. such buildiog or inimical= shall be rewired to a condition at kart as good as that of the building or WOE OITOTTLIMILAUX42 MEM IL VG; J1117(410CIDO, Milt AGM 6 FINAL • • impmvanents which existed immediately prior to such damage or destruction and all sat restoration and reconstruction shall be performed in accordance with the following requintrnents as the same are applicable dienao: A. All debris shall be razed and cleared from the Wilding Area and surrotuding common area within sixty (60) days of the damage or destruction. B. No work shall be commenced unless the Outpacel owner desiring to perform We same has in each instance complied with the apvipriate provisions of this Declaration with respect to approval of Plans and Specification,. C. Ail work shall be performed in accordance with the requirements of this Declaration. If an Outparce: Omer ele not to restore iu buildings and improvements following damage Of destruction. such Outpace! Owner's obligations with respect to die common etas oo said Outpace, shall continue. and such aparcel Owner shall. at its sole con, raze its damaged building and impiosemena. and clear the Building Arta and surrounding common as of all debris within sixty (60) days of the damage or destruaion. The Outparcel Owner shall thereafter comply with the provisions of Section 2.5.1 abost. 2.8 hired D. It is agreed that except for the height limitation and site imp eNe approval set forth in Section 2.1 (and the requirement cf Sections 2.2. 2.5. 2.6 and 2.7 as they • relate to such site improtements), the Outparcel Owner of Parcel D may construct its improvements as it deans desirable subject to compliance with goternmental requirements. ARTICLE 3. EASEMENTS 3.1 Laity Lines mad FacBities A. 'Wily Linesshall mean those facilities and systems for the transmission of utility services. including an not liaised to water drainage systems or structwes, voter mains, sewers. water sprinkler system lines. tekphones, electrical conduits or systems. gas mainsi. other public or pirate utilities and drainage and storage of surface water. B. Each party, as grantor. hereby grants to the other party. as grantee. for the benefit cf the Major Parcel anti eac:. Outparcel. as vplicabk. a nonaclusive raid perpenial easement under. through and across the common ama of the Major Parcel or an Otaparcel. as applicable (exclusive of any portion located within an Outparcel Budding Area). for the installatioo• operation. maintenance. repair and replacement of Utility LiOCS. The initial location of any Utility Lines shall be subject to the pier written approval of the granter. which approval shall not be taraisombly withheld; ptovided. lantever. that it shall in all events be trasonabie for the grantor to deny its approval if the proposed location is within an Outparcel Building A. Oh MOM OCKIRTIZIPLAVS-1111 OSA! 1 'CZ hIlta/CISOMPOWINI3 7 • • 9606122127 • • C. The easement area shall be no wick than necessary to masooably satisfy the requirements of a private or public utility, or five (5) feet oo each side of the centerline if the easands is graced to a party. All such Utility Limes shall be installed and maintained below the ground level or surface of such asemems except for (i) ground mourned electrical transformers and such ether facilities as are required to be above ground by the utility providing such service. and (ii) temporary utility service required during the construction, maintenance. repair, replacement, alterattoo or expansion of any buildings or impovanet s located in the Major Parcel or Outparoel, as applicable. The installation, operation. maintenance. repair and replacement of such Utility Lines shall not unreasonably interfere with the use of the improved commons area on the Major Parcel or Outpartxl, as applicable. or with the normal operation of any business therein. Any party installing Utility Lines pursuant to the previsions of this Paragraph C shall pay all costs and expenses with respect theist°, shall cause all work in connection therewith (including general clean-up and proper surfa.: and/or subsurface restoration) to be completed as quickly as possible and in a manner se as to minimize interference with the use of the common area and shall provide as-bssilt p! for all such facilities to the other party within thirty (30) days after the date of completion ii coaanrction of same. A The party Mualling such Utility Lines shall maintain, repair and replace the same at its sole did and acpcooe. E. At any time and from time to time the grantor shall hare the right to relocate any Utility Lines installed pursuant to the foregoing grant of easement which is then located on the land of such grantor. provided that any such relocation (i) shall be performed only after sixty (60) days notice of the grantor's intention to undertake the reiocation shall bare been given to the grantee served by the Utility Liars, (ii) shall nor umeasooably interfere with or diminish utility service to the grantee's land served by the Utility Liars. (iii) shall r_x reduce or unreasonably impair the usefulness or function of the Utility Liars. (iv) shall be performed without .on or expense to the grar ee. (v) shall be completed using materials and design standards which equal or exceed those originally used. (vi) shall bare beau approved by the service pander and any appropriate gmeromeatal agents having jurisdiction thereof. (vii) shall provide for the original and relocated area to be restored to the original specifications. and (viii) shall nix interfere with the conduct or operation of the busmen of any oocupaat of the grantee's Parcel. The grantor performing such relocation shall provide as -built plans fa all such relocated utility lines and facilities to the grantee saved by such Utility Lanes within thirty (30) days after the date of completion of such relocztioa. F. Each party agrees to grant such additional easements as are reasonably required by any public or cringe amity kw the purpose of providing the Utility Lars for the benefit of the other party and its Oo upazcs. provided such easements meet the requirements of this Declaration are not otherwise inconsistent with the pwVsisiosS of this Declaration. G. The terms and provisions of this Section 3.1 shall survive the expiration Or earlier termuninon of this Declaration. Id¢ DEPOTT10(K4CQtl LAI a CG5ValAMONDIEMIMII /.71 8 RNA,. • • 9606122127 • 3.2 Permanent Service Drive. A. Home Depot, as grantor. hereby grants to each Outparcel Owner. and its rtspective tenants, contractors. employees. agents. customers. licensees and invitees, and the subtenants, contractors. employees. agents. custottr.s, licensees and invitees of such tenants, for the benefit of each Outparcel belonging to an Outparcel Owner, as granters. a perpetual non- exclusive. easemctn for ingress and egress ty vehicular and pin traffic upon. over and across that portion of the common atea located on the Major Parcel shown on Exhibit B as -Permanent Access Drive'. The number and location of all nub cuts from an Outparml to and onto the Permanent Access Drive shall be subject to the prior approval of Horne Depot. at its sole and absolute discretion. Home Depot may from time time relocate the ptrmanem Access Drise located on the Major Parcel provided that any such relocation (i) shall be performed only after sixty (60) days notice of Home Depoes intention to underate the relocation shall have c�en given to Outparcel Owner, (ii) shall not unrusonably interfere with the use of the Permanent Access Drive durir.>e relocaaen by the Outparcel served by the Permanent Access Den. (iii) shall not redixe or Lai sociably impair the usefulness or foot[ion of the Permanent Access Drive. (iv) shall be performed without cost or etpcme to Outparcel Owner, (v) shall be completed using materials and design standards which equal or exceed those originally used, (vi) shall have been approved by any appropriate governmental agencies havinrh jurisdiction t eteof, and (vii) shall provide for the original and telocased area to be restored to the original specifications. Home Depot shall place of record in the King County Recorder's office a memorandum of relocation cotraining an as -built survey of the P►rmenem Access Drive as relocated, and Outparcel Owner shah be entitled to rely thereon. The terms of this Section 3.2 shall survive the expiration or earlier termination of this Declaration. B. Outparcel Owners of Parxls B and C shall pay its pro rata share (the 'Access Drive Contribution') of all reasonable costs and expenses incurred by Home Depot for the repair. naintetnncr and replacement of the Pentium Access Brit. Said pro rata share shall be based on the ratio of the total square footage of building floor area located on the Outparcels to the total square footage of building floor area located on the Major Parcel (exclusive of any outdoor sales areas located on the Major Panel) and on the Outparcels Ouqu xl Owner shall pay such share within thirty (30) days after demand from Home At such Outparcel Owner's request, Home Depot shall provide an accounting of such costs and expenses and axess to supporting doa;nem ation. C. Except as specifically depicted on the Site Plan. the Owners of Parcels B and C and the Major Parcel covenant that as all times flee access between each Patel and the remainder of the Deselopment will not be impeded and will be maintained. 3.3 Hoare Depot Easements. The owner of Parcel D hereby grants and conveys to Hone Depot and the Owners of Panxis B and C. for the betttit of Home Depot and the Owners of Parcels B and C and their reape rM Parcels, a perpetual o omcli ive easement a, to. over, and across those private :oats legally described on MIMS wad depicted on the Site Plan (the 'Hoare Dept Easements') for vehicular (including service vehicles) and pedestr.an ingress and egress and access to the public meat and the private road (mown as S..xon Drive • HOME DEMWnARAECY USE, r [ (lie AM14W0,1am AGM 9 • i 9606122127 s 110 at all times during the terms of this Agreement. In addition. Home Depot shall have the right to have a sign on the Home Depot Easement identifying Home Depot and providing directions to the Home Depot store. Access across Saxon Drive shall be subject to die terms and conditions of that certain Easement Agreement dated and recorded at No. (the "Same Drive Easement"). At its sole cost and expense. Home Depot shall construct, maintain and repair the Home Depot Easements and keep them in good condition and repair. clean, free at rubbish and other hazards to person and vehicles using such area. properly lighted, sniped and landscaped. In the event of any damage or destruction to the Hone Depot Easement, whether insured or uninsured, Home Depot shall restore, repair or rebuild the Home Depot Easements with all due diligence as neatly as possible to at least as good a condition as it was immediately prior to such damage or construstioa. All work on the Hoes Depot Easement shall be performed in a good and owrl®wlike manner and shall conform to and comply with tie plans and specifications prepared and reasonably approved by the Owner of Parcel D, and all applicable requirements of laws, codes. regulations and rules. All such work shall be completed with due diligence. 3.4 Drainage Easement. Each party grants to the others a mnexclushe easement over and under is Parcel far surface water drainage over and through the drainage patterns and storm water drainage systems tint are established from time to time among the Parcels and approved by Home Depot as pan of the Plans and Specification. Nothing herein shall prevent a party from relocating the drainage patterns established upon a party's Parcel, provided such relocation does not ureasonably interfere with the surface water drainage of other Parcels nor interfere with the orderly discharge of surface water from such other Parcels. 3.5 No Merges. Notwithstanding an (Inwood Owe is common :.:rship of 2 or more of Parcels B. C and D. the easement granted hereunder shall bode.: and benefit each Ouatpanrl individually, without merger as a result of such common ownership, and upon subsequent conveyance of an Detparcei so that such Outpamel ceases to be unties common ownership. neither the own coaveying said Parcel nor tee wooer acquiring said Parcel shall tined to ateatte additional documentation to evidence the existence of said easements. and said easements shall relaae back to and shall be deemed to have been neared as of the date herecf. 3.6 Saa000 Drive F.asrmest. In the even the Saxon Drive Eases•ncan terminuses or expires. but the Owner of Parcel D acquires ids, egress and access rights ever Saxon Drive. the Owner of Puce! D shall use as best efforts to obtain comparable rights for the benefice of Parcels A. 8 and C. 1f the Owner of Parcel D pays consideration for such rights of ingraa, egress and accent's (other thin the cost of constriction. maintenance. repair and insurance). then the Owners of Parcels A, 8 and C shall equitably contrlbme to such consideration. 10 NOME tumoral ANcraa LliwAI 4cG1'.<MIOErIPia si AGM iaML • • 960612212: 1 • • ART1CLE 4. RESTRICTIONS ON USE AND OPERATION 4.1 Parting. A. There shall be no charge for parking in the common areas on Parcels B and C unless otherwise required by Irv. Fxh Owner of Pamel B and C shall at all times contain sufficient ground level parking spaces on such Parcel in order to comply with the following minimum requirements without reliant* on the parking on any oth.r parcel in the Development: 1. Five (5.0) parking spares for each one thousand (1,000) square feet of floor area (excluding restaurants) located tin such Outparoel; provided. however, that compact car parting spaces shall be toca:ed only in the areas, if any. designated on the Evbfltit R. and 2. If a business use contains a vehicular driveup or drive through customer service. then there shall also be anted space for stacking not less than ten (10) vehicles for each drive -up or drive through unit: and 3. For each single restaurant which has less than five thousand (5,000) square list of floor area. then five (5) additional parking spaces for each one thousand (1,000) square fat of floor area dowsed to such use: and 6 3 4. For each single restaurant which has at least five thousand (5.000) square Tea of floor area. bus less than seven thousand (7.000) square feet of floor area, then ten (10) adduiooai parting spaces for each one thousand (1,000) square fat of floor area devoted :o such use: and 5. For each single restaurant which has seven thousand (7.000) square feet of floor area or more. then fifteen (15) addaional parking spaces for each one thousand (1.000) square feet of floor area dewed to such use. B. In the evem of a coademnuioo of pan of an Outparcel or sale or transfer in lieu thereof that reduces the number of usable parking spaces below that which is required herein. Outpareel Owner shall use its reawnable business efforts (including using proceeds from the condemnation award or smkmeat to resora and/or substitute ground I:vel parking spaces in order to comply with Ibe parting requuemCIIM set forth above. If such compliance is not reasonably pracrical Outparcel Owner shall not be deemed in default hereunder. but Otarcel Owner shall nee be permined to expand the amours of floor area located upon its Ou pan el. 1! such floor area is thereafter reduced. then it may not a'h'- .aly be increased unless :be parking requirement is satisfied. C In no event shall the parking spaces on an Otrtparcel be less than the number of parking spaces required by applicable law. In no evert shall an Outpascel borrow parting from anther Owparcel to satisfy its parking requirements HONE aoontt><.IAuzaa I.HFAI a r GI 11364/0114ZOOPtAp AGM 11 FINAL i • • RENFIMIX 9606122127 1 • • D. No vehicular driveup or drive through customer services shall be located on an Outparcel unless Home Depot shall have first given its written consent, which consent shall not be uuasonably withheld, to the location, parking and drive lanes of such facilities. E. No portion of the common areas on an Outparcel shall be used for the sale, storage or display of merchandise. No portion of the common areas on an Outparcel shall be used for the storage of grocery carts. F. It is agreed and acknowlaiged that Parcel D has no common area for purposes of parting for the benefit of the other Parcels or any common area for any other purpose a ceps for the asemems set forth in Section 3. Thsdone, no parking by the Owners of Parcels B and C or Major Owner or their respective invitees, customers. employees or agents shall be permitted to park on Patel D. G. Except for the provisions of Section 4.1.C, D, E, and F above, this Section 4.1 shall not apply to Parcel D. 4.2 Use Restrictionrs. A. General Use Restrictions: 1. No pert of any Outpar el (other than Parcel D) shall be used for other than stall sales. office uses which offer retail servos directly to the public. or rsstsrnana. 2. No use shall be permitted m any Outparcel which is i000asistent with the cperarior of a retail store on the Major Peal. Without limiting the generality of the foregoing. the following uses shall rim be permitted: (a) any public or private nuisance; (b) any noise c: sand that is objectionable due to imminence, beat. frequent. shrillness or Iciness: (c) any obnoxious odor; (d) any massive quantity of dust. dirt. a fly ash: provided however. this prohibition shall not preclude the sale of sods. fertilizers. or other garden materials or builder materials in containers if incident to the operation of a home impro e:mens or general merchandise store; (e) any foe, =plosion or other damagsg or dangerous hazard. including die storage, display or sale of explosives or fireworks; NONE oYon,U MLACrJa ( AI a t0nUMNONUifaEEt.raN 12 • • • • 960612212'7 . . alb (f) any diuillaion, refining. smelting. agriculture (other than a retail or wboksak garden center) or mining operacioas; (g) any mobile home or trailer coon, labor camp. junk yard. recycling facility. stock yard or animal raising; (b) any drilling for and/or removal of subsurface substances; (i) any dumping of garbage or refuse, other than in enclosed receptacles insetted for such purpose; (j) any cemetery. mortuary or similar service establishment; (k) any car wasbing esrabiisbatem; m any automobile body and fender repair work; (at) any sating rink. bowling alley. night club. teenage discotheque, discotheque, dance hall. armament gallery. video game parlor, pool root:, massage parlor, off-track betting facility. casino, card club, bingo parlor or facility conainnv gaming eatuiprtreal; (n) health spa:, health drabs, gyms, exercise studios, dam studios, yoga or ma.. al arts schools or similar facilities in excess of 2,000 square ken; (o) any theart; playharrse, cin®, movie theater or other entertainment viewing. listening or recording facility (whether five. film, audio/visual or video): (p) any bookstore or establishment engaged in the liminess of xlliog exhubitarg or delivcug pornographic or obscene materials: (q) any so-called 'head sloop:' (r) any fire sak. flea market, pawn shop. business selling second hand gods, bankruptcy sale (unless pursuant to a court coder) or manioc operation; (s) any automobile. track. trailer. or =neatioml Khicle or boat sales. leasing. storage. repair or display which is not entirely coaduciedinside of a Building: (t) any bar, town, comedy club, aright chub, reuauaot or other es ablis8meat which sells intoxicating beverages for consumption on the premises: (a) any school. training. edtucadroml or day care Scilly. including fart not limited to: brassy schools. barber colleges. diet angers. leading rooms, planes of instion or other °portions caning prmsarily to students or [[motes tither than so NONE raar1fls caw a. IJSEAI L'CCI P1121011101J•7ear 13 • • 01111•111M • • Alb customers; provided however. this prohibition shall not be applicable to on -site training of employees waking at an Outparcel try an rampant incidental to the conduct of its business at the Oumaieel: (v) any church. synagogue, mosque or other place of worship: (w) any hotel, motel or other lodging facility: (x) any dry cleaning or laundry plant, unless the operator dxreof maintains al all times IMMO= against liability with respect to hazardous substances in form and ansausts and with deductibles reasooably saisfachxy to Home Depot, and agrees to indemnify, defend and hold Home Depot harmless with respect to any liability therefor: (y) any industrial or manufacturing we (octet than such manufacturing use as is conducted in conjunction with Home Depot's home aznser business). (z) any worming. home or other residential use: (aa) any office use. other than an office incidental to a retail operation (including, for such purposes, Horne Depots operations), and not typically fared in a first class shopping center; w4 (ab) any fair or carnival; and (ac) any sales by transit= merchants utilizing vehicles ow booths. 3. The construction or operation cf a restaurant on any Outhaa—.1 is GS; subject to prior written approval of Home Depot which approval may be withlaele in Home Depot's sole disamion as to (i) any single ntstatnant ewer four thousand (4,000' ss woe feet of floor area. (ii) any rest:num if the square forage of such rest:num when added :o d Rom footage of any other restaurant on such Outlast (or appromd to he cooarucied on sudi Oinparcel by Home Depot) said be in excess of four •OUS2211 (4.000) square feet of floor aiea and (iii) any testaurant which serves akobolic beaaages. Outparcel Owner, at its own cost and expense. shall keep or cause to be kept the common area saving ascii rest:want clean and free of all debris and rubbish caused by such use and such costs shall not be chargeable to Hoax Depot. 4. Any change ia use (and each subsequent change in use) from the initial use of any business operation located on any °trammel shall be subject to the prior written appitivAl of Home Depot which approval shall not be =masa:ably withheld or delayed. B.Fachaaine Use lbstrietiaaa: No pan of Parcels B C or D shall be used for the sale. manufacarring or warehouse of the Ukavimg Mama: bomber. hardware bank plornbing somber, dectrical IONE 1:110171r1USWILA =GP OKA : 1CGI 1/01101100/0imgag 14 • • racoryea 9606122127 1 • supplies, paint. wallpaper. carpeting and other floor coverings, siding, ceiling fans, gardening supplies or patio or unfinished futniture, tile (including ceramic tile), artificial and natural plants, light fixtures, cabinets and major household applianom. The manufacturing of optical products shall be permitted on Parcel D. 4.3 Hazardous Materials. A. Itestriedem oia Hazardous Materials: Any Hazardous Material (as defined in Section 4.3.D below) brought Rim km*, used, generated, stotal. treated, disposed of or released in or about die Outparcel. Development, or soils or groundwater cf same. by Outparcel Owner, Major Pared Ovals, its tenants and subwnants, and their agents, employees, contractors, sulwragractors, invitees, cc any party acting oc behalf of any of them shall be referred to herein as a 'Hataardnas Oxidation'. No Major Parcel Owner Of Outpartel Owner shall cause or permit a Hazardous Condition without the prior written consent of the other Owners. which coos= shall not be unreasonably withheld as long as rich Owner demonstrates w the other Owner's =satiable satisfaction that such Hazardous Condition is necessary to such Owner's or its tenant's or subs:nines business in the ordinary course and such Hazudous Material will be used. kept, and smed in each a manner that complies with all Environmemal Regulations (as defined below). It shall be pm se reasonable for an Owner to mohibil any underground storage tamer and to tequire abmw-gtound mange tads to have a double -wall comainawat systan. AU Owner's approval of any method of use or swage of Hazardous Materials on a parcel shall in no way limit such other Owrers- rights and remedies under this Section 4.3. Without limiting the foregoing. in the event any Hazardous Condition is m violation of any Environmental Regulation. the Owner shall promptly take all actions at its sole expense as are accessary to correct mid violation to the satisfaction of the regulating entity. ft hadanaity: If any Owmr breaches the obligations staled in Section 4.3.A above or if a Hazardous Condition exists at any dux. then sawh Owner shall indemnify. defend and bold the Owners and its officers. directors, shareholders. =Owes, and agents harmless from any and all claims, judgmems. &maws, penalaies, fines. costs, expenses, liabilities or losses, including, without limitation, (i) diminution in value of the Development. (ii) damages for the loss or ntiL :Won on use of amiable or usable space or of any amenity cf the Deielopmem, kai) sums paid in settlement df. payment oC or in or to comply with any claims. suits, actioas, judgments, proceedings. or investigations, (iv) cows, amassesreasonable attorneys' fees. consultant fees. =pert flits and incidental costs Wearied in connection with any of the above or any iniestigation of arse CO9E116005 or any cleanup, remedial. renal or resignation work requited by any govertmaial or quasi -governmental entity ("Claims'). The obligation to so indemnify. defend and hold harmless the Owners set forth herein shall survive the expiration af this Declaration. C. Growaaer Vann: Without limiting the foregong. Hem Depot shall have the riga, at any time, to cause not more than dace (3) going wells as be malted on each Oumarcel m locations seasonably approved by the °imam! Owner. and. at its option, may cause the trona/water under the Outpared to be WUXI ao de mi the presenx of Hazardous Material oot more than mice in any twelve (12) month paind (unions there is an investigation which requites mom seating) by the use of sada tests as arc dam cusiotaarily used kr such • • a HONE 0170r TUICWILACC&I LISEA I 11.0:19111ffirE476111:4041011411 /04 FEW. 15 • • • purposes. if Oraparoel Ow mr so requests in writing. H^me Depot shall supply Ougarcel Owner with copies of such i st results to the orient Home Depot is able to do so. D. Definitions: As used herein. the term 'HaanIons Material' means (i) any waste, material or 9abstana (whether in the form of a liquid. a solid or a gas and whether or not air -borne). which is deemed w be a pollutant or a contaminant, or to be hazardous, toxic. ignitable. reactive. consist. dangerous. harmful or injurious to public health or w the environment, and which is or may become regulated by or ue is tke authority of any .:;,pliable Icai, rote or federal laws. judgments. ordinanxs. orders. rules, regulations. coda or other gcMrememai murk:tic= or requcemais. any amendments or successor(s) thereto. replacements thereof or publications peoaalgaled pursuant thereto (collectively 'Farimrrmeatal Revelations' and individually. an •Favioamlal Restrialfoo•): (iii) petroleum; (iv) asbes;'s; (iv) polychlorinated bipheryls: and (s) any radioactive material. In addition to the foregoing. the ram •EgAirosamtai Regulations' shall be deemed to include. without limitation. local, sate and fiedaal laws. judgments. ordinances. orders. rules, regulations. codes and other go ernmeral restrictions and requirements. any amendments and successors thereto, replaceoera thereof and publications promulgated pursuant thereto. which deal with or otherwise in any manner relax to. eavuoamecat masers Of any kind. Hazardous Almeria! shall not include those substances used or sold in the ordimvy course of the business operated on a Paeel w accordance with Ee iretneanl Regulatiorc. 4.4 Mara aid Aaesemeots. Each Outpmal Owner shall pay. of catue to be paid. .4 prior to delinquency. all taxes and auessments with respect in its Ou(parcel. the buildings and Nimpoovanass loeaatd thereon and my personal property awned or leased by Ousparxl Owner • on die arc is. provided that if the roam . .seaman or any put theroef may be paid in (.0 installments. Outpatad Owner may pay e. - h installment as and wi s the same becomes due and pryab!e. Nothing comoined in this Section 4.4 *III prevent Outpace' Owner from • comesaing at as cast and expense any web rues and acsecanows with respect to an Outpascel in any manse- Qimanxl Owner elects. so long as each COMM is maintained with mumble diligence and in good faith. At the time as such conesa is concluded (allowing for appeal to the highest appolare court). Outpace! Owner shall promptly pay all such taxes and assessments desermiamd to be awing. together with all "interest. penalties and costs thereon. 4.5 Insaaramee and haiewq. A ioirnaaity: Each Owner (the indemnitor) covenants to indemnify the other Owners (the indant.sees). their officers. direr -ion. stockholders. agents and employees. and buid them hamaks (except for loss or damage resulting from the negligence of the mdanntiees from and against any and all claims. anions. damages. liability. oat and expense. iacbiding moseys' fees, in connection with aJ losses, including loss of life. personal injury and/or damage m property. arising from or out d any °co mraoe in. upon or at the Pawls owned by she oadeaamiim or the occupancy or ate by the indemnilor or its tame d the Parcels owned by the inlemnibr or any parn tiered. or arising from or out d mile s failure to comply with any provision of this Declaration or oozasiooed wholly or in part by any act or omission of for soda nior. its Coasts. sublarants. canoessioatoea. agents contractors, raNE OOOr"rta[waAKCIN USEAI ,CGNIONIOMODC, Mil ado 16 • • • Alb =pliers. employees. servants. customers or licensees. In the event the indannitee or any party so indemnified as set forth above shall. without fault, be made a party to any litigation comniencal by or against the Mk:nth:tor or its tenants or subienans. or if the indeninisee or any such party shall. in is reasorxbk distortion, determine that it must interim in such litigation to protect its kliCreg hereunder, then the indemnitor shall defend them, using attorneys reasonably satisfactory to the inks:mike and shall pay Ili COM, expenses and reasonable attorneys' fees in connection with such litigation. The indemnitee. at its sole cost and expense. shah have the right to engage its own attorneys in connection with any of the provisions of this Sanction 4.5 or any other movisino of this Declaration, including. without limitation. any defense of the innemnike or inks -maim. by the indannmx. B. Insurtmee: Oinpatal Owner. at its sole cost and expense, shall pnxure, vay for and keep in full face and effea, at all times a comprehensive general liability insurance policy including insurance against assumed or contractual liability under this Declarai ion with respect to the Outparcei and the operations of Outparcel Owner or 'is mums or subtaunts in, on or about the Outparcel (including. without saiiu.i. its liability under this Declaration wirr: respect to Hazardous Conditions) in which the limks with retmea to personal liability and property damage shall be aot less that One Million Dollars ($1.000.000.00) per occurrence. All policies of insurance required to be carried by Outpumx1 Owner puisuant so this Section 4.5 shall mime Home Dvot as an Additional h and shall be written by tespotimNe insurance companies a. =glad to do business in the .i.ae of Wishing= and reasonably am:pulite to r- Home Depot Any such insurance required of Om:parcel Owner harunder may be furaished by ▪ Outparcel Owner under any blanket policy canicd by it or tinder a separate policy thereof. Sidi N insurance cuserage shall provide that it may not be amended, modified ce anceled acep* upon • thirty (3C) days pear written notice to Home Depot. A copy of cad) paid -up policy evidencing 1.4 (4) sixh =mum (appropriately mhenticated by tlx insiner) or a =Mimic of the insurer and/or 52 any endorsements, certifyiqg that such policy has been issued. providing the cartage required 71 by this Section 4.5 and containing provisions specified herein. shah be delivered w Home Depot upon =ilea C. Self-Iniammee by Ontpared Owners. Any Outpaced Owner or Home Depot shall have the right so self-inune for any insurance requited hneunder, prtivided that the self-insining Outparcei Owner's net worth during any period of self-insuracce shall not be less thaq 5100.000.000.00. If ;equaled by Home Depot. prior to sating so self -ham. the self - insuring Outpamel Owner shall give Hans Depot thirty (30) days notice of its notice of ilattiCal io do so. and shall indink in sudi notice in most manidcd financial simmers (or if the self -insuring Outparcd Owner does not msae its financial casements to be audited in in nontal course of business. then a:rtifiai as to its accuracy by an authorized officer) so as to evidence in net vairth. If any Owner elects to self-inswe pursuant w the provisions of this Article or dm:after leas so terminate suds self -bran -am Ingram, upon request by another Owner such Party shall M.st at loan thirty (30) days prior widen Hour Depot. ICONS DEPOrIVISPILACC11111 UCLA' C CGIVIIMISONIDIPCP ACM 17 • • 9606122127 • • Alb ARTICLE S. r:OMMON AREA MAINTENANCE 5.1 Maintenance. A. Maintenance Standards. Each Owner shall, except as hereinafter provided, maintain the common areas on its Patel at all times in good and clean condition and repair and to a level comparable to the standard of mainaenance generally maintained in other Mewing comers of similar size and senant mix. said mainienance to include, without limitation the following: I. Maintaining. repairing and msurfacing, when neressary. all paved surfaces in a level. smooth and evenly covered condition with the type of surfacing material originally installed or such suhr!.:..e -s shall in all =peers be equal or superior in quality. use and durability; and rem -Ming when necessary; 2. Removing all ice and snow, papers, deb, filth and refuse and thoroughly sweeping the area to the went reasonably necessary to keep the ma in a clean and orde. y condition and tome% the ammo area on such Outparcel free from an' obstructions including those ca...eed by the sale or display of merchandise; 3. Maintaining repairing. resuiping and replacing, when necessary. all traffic directional signs, markers and lines; 4. Keeping the camber' area ou such Outparorl lighted as required in this Declaration: 5. Mainsail/ire., repairing. irrigating and rtylacing all landscaped areas: operaring, maintaining, repairing anti mlacirg. when neoessary. aUt013121/iC sprinkler systems and rimer lines; and replacing shrubs and otter landscaping as is necessary- 6. Mainraining. repairing and replacing. wins necessary. all common area walls excluding. without li-ninuion. any screening walls serving buildings or remitting WAILS tsar sare also part of the walls of a building on an Outran:el; 7. Maintaining repairing. cleaning and replacing. when necessary. all Utility Lines not conveyed to any public or private utility and common as lighting facilities, including light standards. wiles. conduits. lamps, ballasts and lenses and rime clocks and circuit breakers to the cam same arc reasonably required; 8. Maintaining. requiring and mplacing, when necesmry. tit moraine= sign on orb On:parcel; and S. Pat:inning itself or coatracring with a dei-d party or parties to perform any of the services descried herein: provide* bentevec. that Ouspamel Deemer shall remain responsible and liable for the perbrmance of all said services in accordance with the NONE ZIIMIINTURNLACCAll LFSEAs 1 C0FAUNIOINDIP>111111 .cas 18 FINAL 1 • • n 9606122127 • terms of this Declaration and for the performance of any such third party or parties under any such contract or contacts_ The foregoing obligations shall include any repairs or replacements which may become necessary due to damage or destruction of the common areas on such Outpartel. Hoax Depot, by thirty (30) days prior written notice to an Outiarcel Owner, may from time to time elect to assume from such Outparoel Owner the maintenance obligations set forth above for any Outparcels. Each Outpace! Owner hereby grams to Home Depot and its contractors, agents and an, lanes, a lixase to etrler upon its Outparcels to discharge the foregoing duties to operate, maintain. repair and replace the common areas located thereon. In no rent shall Home Depot be re .posuible for security or traffic supervision. uo► shall Home Depot be obligated to perform repairs and replacements of the common area in connection with damage or destruction by fire or other caste sty or in connection with a taking under the powers of eminent domain or transfer in lieu thereof. Home Depot, by thirty (30) days prior written notice to such Outparcel Owner, may from time to time elect to return to such Outparcei Owner the maintenance obligations set forth above for any of its Otaparoels. B. Liability Insurance. In addition to the foregoing, for party n. intain:mg the common areas on Outpartxis B and C shall provide and maintain comprehensive general liability insurance with broad form coverage endorsement (including broad form property damage endo-aemeat) insuring d r such cony against claims £x personal injury. bodily injury er death. ana property damage or destruction. occurring in. on or about such common areas. Such insurance shall name the other patties as additional insureds, and may not be modified, canceled or reduced without the giving of at lean thirty (30) days prior written notice to the additional insureds. Such insurance coverage shall be primary and not ootrtlxnory. Any parry may provide such coeeragye under a blarsket policy provided such policy otherwise complies with the requirements of this Declaration. Provided the party maintaining such common area has a net worth. deicnnirod in accordance with generally accepted accounting principles, w ex ass of S100,000.000. all or any part of such insurance carried by such party mzy be provided under a program of self-insurance. C Indemnity. The party maintaining the common areas on an Outpace! agrees to indemnify. defend and hold harmless the Owners of the other Parcels and their occupants from and ag1hnt any and all liability. claims. damages, wanes (including reasonable atorney's fees and reasonable anormry's foes on any appeal). judgaem, proceedings and cause% of =ion, for injury to or death of any person or damage to or dcsmx ion of am property occurring in. on or about the common area and arising out of the performance or nonperformance of any of such maimenance obligations sex form m this Declaration. unless caused by the negligent or willful act or omission of the indemnified party. is amts. contractors or employees. A Self -Help. In the evem that the party obligated to nnuimm the common areas on any Outpace) fails to do so as required rime, then any other party may, after to (10) days prior writ= notice to the defaulting party specifying the more of such faikwe, tutu spoo such Oatparcel and perform the maintenance sal forth in said notice, and the palomino party HOME 000nrts.UAKran vrtu : K GramaeattovOUatnAot 19 REAL 960612212? 1 • • shall not be liable or responsible to the nonperforming party for any Tosses or damages sustained by the nonperforming party or anyone claiming by, Through or under the nonperforming party, other than in connection .pith the negligence of the performing party The reasonabk cost of such maintenance shall be paid to dx performing party within ten (10) days of receiving a statement therefor. 5.2 Re sbmseraetl; L. In the event that Home Depot is performing the common area maintenance and carrying the common area liability insurance on an Outparcel (other than Parcel D). Outpace' Owner shall reimburse Home Depot the reasonable cask incurred ty, Home Depot in come al0m thaewit. including, without limitation. a management fee equal to ten percent (10%) of such coats to defray administrative expenses, within dirty (30) days after receipt of Home Depot's invoice therefor. In the event Outparcel Owner fails or refuses to pay when due its share of any bill for the common area maim ce arpeases dtsaibed above (including the management fee described above), or its Access Drive Cotaribinion, or any other sums which may, be due and owing from Outparcel Owner to Home Depot under this Declaration, which failure condors for a period of fifteen (15) rays after receipt of wrinen notice thereof, such failure shall constinne a default and k$al action may thereafter be instituted agate Onapa n:el Owns♦ by Horne Depot for reimbnsemem pies merest from and after the date saki bill was du: and prfabie t0 and melding the dace slid hill is paid at a rate equal to the lesser of (i) the highest rate allowed by law, and (ii) the rat four percent (4%) ahem the nafdeace rate of interest chased from timed time to corporate borrowers of the highest podia standard by Citibank (the lesser rat being hereinafter rtierrud to as the 'Default Race'). Furthermore. Home Depot shall have a ilea on the Outpace' Owner's Oumarcel for the amour of said emcees (including the management fee dtsarbed above) an. or Access Drive Contribution and/or other sums which may be due and owing, plus accrual ire..:rt as set forth above; provided. however. that if there be a bona fide ditipate as to the existence of such delauh or of the amount due and all midis/road amounts are paid, these shall be no right to place a lien on such Owpancel until sot dispute is serJed by fecal court decree or mmval agreement. The lien provided for in this Sexriom 5.2 shall only be eve when filed for record by Home Depot as a claim of lien against Outpace' Owtrr in the office of the recorder of the county in which the Outpace! is located. signed and verified. which shall contain a: feast: A. An itemized statmeri of all amamk due, the date due and payable puissant hereto: B. A description sufficient for identification of that portion of the Outpace! which is the subject of the lien: C. The rune of the owner or rented crafter of the Ot epareel; and D. The some and address Of House Depot. NNW 011113n7lasa.taa31 I lento [eCGnrMo.ararasr JOS 20 eve • • • 9606122127 • • The lien, when so a tsblislxd against the Outparcel described in the lien, shall be prior and superior to all right, tick, interest, lien or claim which may be or has been acquired or acached to such Outparcel after the time of filing the lien. The lien shall be for the use and benefit of Home Depot and may be enforced and foreclosed in a suit or action brought in any court of competent jurisdiction. 5.3 Maintenance of Trail Easement Area. A portion of the common of the Home Depot Parcel located in the southeast section of the Development ('Eaemet t Area') is improved for parking for the Christensen Trail, and is subject to an easement therefor. The Easement Area is indicated oil the Site Plan. Home Depot shall be responsible for maintenance of the Trail Easement Area, but each Outpatxl Own= shall reimburse Home Depot for its pro rata share of the cost of such maintenance, which shall be based on the buildable area on each parcel: Parcel A 66.41% Parcel B 5.487E Parcel C 5.71% Parcel D 22.40% 5.4 i.igriiorg. T` t lighting for the vehick etas areas on each Outpace! shill remain on each day from dusk until 11 p.m. ("rem Lighthsg period') at a lighting level of 1.5 foot canle. The lighting :or all other portions of the common area on each Outparcel shall remain on each day during the required lighting period at a lighting level of 1.0 foot candle. From 11:00 p.m. until 6:00 a.m.. armor building security lighting shall remain on at a lighting lever of one (1.0) foot candle. Outparcel Owner at its sole con shall keep any aterior building security lights on from dusk until dawn. Oatparcel Owner anal Horne Depot hereby grate an irrevocable license to each other for the purpose of permitting the lighting from the Major Parcel and the Outparcels to iscidentuly shine on the Outparcels and the Major Parcel. respectively. The electrical service for all of the lighting on an Omparcel shall be separately metered and billed to Omparcel Owner. Home Depot may ituall a secondary wiring system. from any Outparcel to the light standards on the Major Parcel, which would permit a portion or all of tie lighting on the Outparcel to be operated cooremporan ously with the lighting on the Major Parcel. All costs and etpenses associated with tie installation. maintenance. teplacemeat. and opetson a sueh secondary wiring, including the cost of energy to light any portion of the Outparal. shall be assumed and prompdy paid by Home Depot. Home Depot shall submit to Outparcel Owner appropriate plans and sFadkadoas for the installation of such secondary wiring sysaans. Ompaccei Owner shall have thirty (30) days to apprvse or disrpproe of such submission. such approval not to be unreasonably wtihdd. If Wtpanxl Owner des not disapprove of dr ..cbenission within the 30-day period. approval shall be deemed givetz is disapproval is giver. MIME 0151MT 5IAtTtl tJtf.Ii c cGrAM9tMsEp 4Nn nfih 21 FINAL i i • • 9606122127 • • Horne Depot shall revise the submission to accommodate the reasonable objections of Outparcel Owner and then may resubmit Bich plans and specifications to Outparcet Owner for its approval. It is recogniad that the business establishments on the Major Parcel may be open for business at different haws, and that Home Depot may wish to have the comrnon area lights on an Ourparcel burn blond the required period. Accordingly, Home Depot shall have the right at any time to require OutparceI Owner to keep certain specified common area lights on an Outpareel on until a later hour as stipulated by Home Depot; provided that the Home Depot notifies Outparccl Owner of such request not less than fifteen (15) days in advance. Home Depot shall state the period during which it wishes the lights to he kept oo to a later bour and shall pay directly to Outparat Owner one hundred ten percent (110%) of dr reasonable cosy of the electrical power for such later hours. If Home Depot does not pay such costs or agreement cannot reasonably be reached as to the amount of such costs then Outparccl Owncr shall have the right to discontinue such additional lighting and pursue any other remedies as provided herein. Notre shall be given to Ougrartel Owner in writing to termimte such additional lighting request and new requests may be made from time to time. The provisions of this Ankle 5.4 shall not apply to Parcel D. ARTICLE 6. GENERAL PROVISIONS 6.1 This Declaration shall rote to the benefit of and be binding upon the pa. -ties hereto, their heirs. personal representatives, strceaors and assigns, and upon any person acquiring the Major Parcel or an Outparoel. or any portion thereof. or any itaerest therein. whether by operation of law or otherwise. bereo . 6.2 The term of this Declaration shall be for ninety nine 1,99) years from the date 6.3 A. In the cven any party fails to perform any prevision of this Declaration. which kilttte continues for a period of thirty (30) days alter receipt of wriltea notice specifying the partitatlars of such failure. such Wane skill constitute a default and any other pain may thereafter mstinne legal anion against the defaulting party for specific performance. declaratory or injunctive relief. monetary damages or any other remedy provided by 1>w: provided, bo ever. that the defaulting party shall not be deemed to tie m default if such failure to perform cannot be rectified within said thirty (30) day period and such party is diligently prcceeding to rectify the particulars d such failure. The foregoing shall be w addition to any other remedies etpressly provided for in dais Declaration. It is atptessly agtetd that no breach of or desalt under this Declaration shad entitle party hereto to terminate this Declaration t such limitation shall not atkct in any mama any other rights or remedies which sat... ratty may have hereunder or by reason of any breach of or debts@ under this Delaratiou or at taw or in ,equity. Anything in this Declaration to the contrary notwithstanding. no breach d this Declaration shall defeat or render invalid the lien of any maim or dad of trust made in good faith for value. Hoag 000muca.vrrau LPSEA1 [ CGPAUCHOINDE10 limit AGM 22 1 • • rf•Weiria • • but this Declaration shall be binding own. and be effective again. any party hereto whose tide is acquired by foreclosust, trustee's sale or otherwise. R. In the event any Outparcel Owner fails to perform any provision of this Declaration, then in addition to Home Depot's rights pursuant to Section 5.1.D dbove. Horne Depot shall have the exclusive right, but not the obligation, to cure such default for the accotsit of and at the ocpense of such Ourpar=1 Owner aad dull be permiued to cruet upon de Outpareel Owner's Outparcel to effect .such cure: provided hoviever. that the foregoing remedy shall not be exercisable until ten (10) days following written notice d such breach to the Output:el Owner. and only if the breach has not been cured (or the awe commenced and diligently prosecuted) during such ten (10) day Fcriod. The Outparcel Owner shall reimburse Hone Depot its cxpcas with respect thereto within en (10) days after demand. 6.4 Each term. covenant, condition and agreement captained herein respecting the Major Parcel or any Outparcel shall be a burden on that panel, shall be appurtenant to and for the benefit of the other parcels and ear-13 pari thereof and shall run with the land. 6.5 This Declaration may not be modified in any respect whatsoever, except with the: consent of each of the parties henna. ant den only by written hutment duly executed and acknowledged by aU of the parties hoeto, duly recorded in the officz d the recorder of the county X which the Development is loaded. This Declaration may not be terminated in whole or as to any Parcel. oicept with the consent of each of the parties hereto. and then only by written insuument duly executed and acknowledged by all of the parties herena and recorded in the Office of the Recorder 0t the county in which the Major Parcel and the Otopareels ar N locatni. No modification or termination of this Deciaration shall affect the riglr.s of an; 1.4 lienholder =kw the lienholder consents in writing to the modification or termination. Each party hereto. as applicable. may consider. approve er disapprove any proposed modification or ira termination of this io its sole and absolute discretim. 6.6 The parties hereto shall be Home Depot and the owners of Pan:el B. Parcel C 73 and Penal D. and their successors and assigns. Ail references in this Declaration to 'OM:pared Owner" shall refer to the pasty entitled to as with tespea to an Ouiparcel. Toe owners (if counting of more than one (1) person or entity of each Ompareed shall ague unclog demselves by a 51% majority of ownership interests and design= in writing to die oder Tnies a single person or entity who is =aided to ass as the 'party' for the Outparcel. If the owners of such Outpar=1 cannot agree who shall be =tided to an as 'partyfor that Outparcel, er if the owners fail to designate the single person or entity who is entitled to act as the 'party' for that Ourparcei within thirty (30) days after receipt of request for same from any other party. then the other parties (excluding such party) shall designate one of the owners to as as the 'party" for that Outpanel. 6.7 All notices given pursuant to this Declared= shall be in writing and doll be given by personal deiivesy, by United States mail or by United States expos mail or other established =press delivery service (such as Federal Express). postage or delivery charge prepaid. (inn rectipt re:pawed. addressed in the person and addles:: &signaled below or. in tan DEFOrTUNIOZACCAS URA 1fUl'.114CAFIOSCDP0•1111101 APO 23 • • 9606122127 • • • the absence of such designation, to the person and address shown on the then current real Property tax rolls in the county in which the Development is located. All notices to Home Depot or Outpace! Owner shall be sent to the person and address set forth belay: To Home Depot: with a copy to: with a copy to: HOME DEPOT U.S.A.. INC. 601 South Placentia Fullerton, CA 92631 Attention: Real Estate Department and Legal Department HOME DEPOT U.S.A., INC. 2727 Paces Ferry Road Atlanta, Georgia 30339 Attention: Vice President -- Legal LANE POP/ELL SPEARS LUBERSKY 1420 Fifth Asec e, Suite 4100 Sank. WA 98101-233g Attention: lane Ra1ay Nelson The person and address to which notices are to be given may be changed at any time by any party upon wnitsen notice to the other parties. All notices given ptusuaot to this Declaration shall be deemed green upon receipt. For the purpose of th9s Declaration. the term 'receipt' shall man the earlier of any of the follooMig: (i) the dare of delivery of the notice or other document to the address specified puritans to this section; as shown on the return receipt. (ii) the dac of actual receipt of .be notice or other document by the person or entity specified pursuant to this section. or (iii) in the case of refusal to accept delivery or inability to deliver the notice or other document, the cattier of (A) the date of lire attempted delivery or refusal to accept delivery. (B) the date of tie posemast oo the settrto receipt, or (C) the date of receipt of nonce of refusal or notice of nondelivery by the sending pasty. 6.8 The failure o` a party to insist upon strict performance of any of me terms, covenants, conditions alai agreeme ns contained harm shall not be deemed a vraiser of any rights or temedies that said party may hare, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the covenants- conditions and imtriaioas contained hereon by the same or airy other person or entity. 6.9 in the event any party initiates or defends any legal action or proceeding to enforce or interpret any of the arms of this Declaration, the ptesaa3n parry in any such action or proceeding shall be entitled to recover from the losing party m any such action or proceeding its reasonable coats and attorneys fees (including its seasonable was and aoorney's fees on any appeal). nor avenn CWILACus tPIEAI a OLIVMh0®b MOM Aril 24 FRAL • • IMOD NM ..s 9606122127 • • 6.10 Noiwithstaoditg anything to the contrary contained in this Declaration, it is expressly agiecd that in the event a party sells its parcel to an unaffiliated third party and thereafter enters into a lease for all of such parcel with such thinl parry or its lessee or sublessee (hereinafter related to collectively as the 'Prime Lessor'), so long as said party is in possess;, of the property as Prime lessee. the Prime lessee shalt have all of the rights and obligations of the 'party for such panxi, and the other parties shall Zook solely to said Prime Lessee for the performan a of any obligati= the 'putty' shall have under this Declaration and the Prime Lessor shall be relieved of any obligation for the performance of or liability for for Declaration set forth herein mining to either the 'party' or its parcel. 6.11 1f any term or provision of this Declaration or the application of it to any person or enema ance shall to any extent be invalid or tmenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances. other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. 6.12 The provisi= of this Declaration arc not intended to create, nor shall they be in any way interpreted or construed to crane, a joint venture. partnership. or any other similar relationship between the parties. Farb party shall be coaside d a separate pany. and no party shall Ise a the right to ace as agent for another. uriiess expressly authorized to do so herein or by separate writer instrument signed by the party to be charged. 6.13 The captious and headings in this Declaration are for reference only and shall not be deemed to def= or limit the scope or intent of any of the tams, covenants. conditions or agoements contained harm. 6.14 This Declar :ion contains the ensue agreement between the parties hereto and supersedes all prior agreements, oral or written. with respect to the subject matter hereof. The provisions of this Declaration shall be construed as a whole and not strictly for or agzirut any tom. 6.15 In construing the provision of this Declaration and whenever the context so requires_ the used a gender shall include all other genders, the used the singular shall include the pltaal. and rite use of the plural shall include the singular. In coauruiog the provisions of this Declaration. whenever the consent of a part/ is required and the Declaration does not specify the sundard for s cb consent (i.e.. reasonableness standard or sole and absotusc discretion). then such consect may not be unreasonably withheld. A coaseat which requires a modification to this Declaration shall be governed by the standard of Section 6.5 abase. 6.16 in the evert any party hereto is composed d more than one person, the obligation of said party shall be joint and several. 6.17 This Dion shall be tecoeded in the offs of the mania of the aunty in which the Major Paco! and each Outpace! are located. NOME nleonhu111AttM Vgwe 1(CGivWPAooaysna sure 25 • • • • amuse • CO Time is of the essence with respect to the performance if each obligation of this Declaration. Wheaevrt performance is required by any person or catty hereunder such pawn or entity shall use all doe diligence to perform and take all necessary measces is good Echo to perform; provided, however, that if comb:boa of patormaoce shall be delayed at any time by reason of Acts d God, war civil commotion. riots, strikes, picketing or other labor drags, tmraiLM7ity of labor or materials, damage to work in progress by reason of foe or other casualty. or any cease beyond the reasonable camel of rich person or entity. den the time for performerroe as herein specified shall be acpropriaaeiy encoded by the an.Tirs of the delay actually so caused. The provisints of this section shall not opaat to anise any person or entity hoot the prompt payment d say monies required by this Declaration. 6,19 Nothing hereon camiaed shall be deemed to be gift or dedication of any portion d the Development to the gaend public or for the general public or for any public purpose whatsoever. it being the insertion d the Owners hereto that this Agreement sbail be strictly limited to and for the purposes herein expressed. EXECUTED as of the day and year test above written. HOME DEPOT U.S.A., INC, a Delaware corporation Herb N1 tar Senior Caporaae Counsel - RealErste teas mommwwicva WINO 1.100TIIMPOlO0,1104Jcr POW. 76 • • MINIM= en1111111111 pa 0 el • • In STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) On ITV 11 1996. before me, 1,6 ic Ru0g. z Notary Public in and for said sone, personally appeased EVINIEL R. . personally broom to roe (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrtnneat, and adoewledsed to me that he awned the same in his a:thorned capacity. and that by his signature on tte instrument ttr pason. or the entity Upon behalf of which the person aced. ancustd the instrument. WITNESS my hand and cfficial seal. RUC St4tE OF NYIAfr (SEAL) irlInA.11110111i a asiK•umns 1110001103..11211011i IrreisaaproMiaftWa mug upormanmuctast C.10311.110Ra01101.1041119111 Jail 27 MOM • • .01INIMOD - • • EXHIBIT A-1 Lot A of City of Tukwila Short Plat No. L-94-0055, according So the Short Plat recorded under King County Record* No. 9512269001; situate in die City of Tukwila, County of King, aad Susie of Washington. asanmanismas • • • • 1 • • EILLUPILAI LotB of City of Tukwila Short Plat No. L-94-0055, according to the Skid Plat recorded under King County Recording No. 9512269001; name in the City of Tukwila. Cy of King. and State of Washington. weannesonsum • • 111111111•11 nawwwi - • • EXHIBIT A-3 Lot C of City of Tukwila Short Phi No. L-94-0053, according to the Short Piet recorded wider King Canty Reoardieg No. 9512269001; situate in the City of Tukwila, County of King. and Stair of Washington. AQ. • 9606122127 • EXHIBIT A- Lac D of City of Tukwila Shan Plat No. L-94-0055, according to the Short Plat recorded under King County Rcwtdrng No. 9512269001; s4ate in the City of Tukwila, County of King, and State of Washington. • • • • • 9606122127 • • MI • • w • • +... L _ • 9606122127 UMW C Pep C1otf EXHIBIT "A' LEGAL DESCRIPTION ACCESS EASEMENTS ACROSS PORTIONS OF TAX LOT No. 362304-9107 APPURTENANT TO TAX LOT No, 362304-9074 All that certain real property situate in the Incorporated Territory of the City of Tukwila, King County, State of Washington, being portions of the Northeast Quarter of Section 35 and the Northwest Quarter of Section 36. Township 23 North, Range 4 Eost, Willamette Meridian. described as follows: Non —Exclusive EASEMENTS. oppurtenont to "Lot A of City of Tukwila Short Plat No. L-94-0055, filed in Book 107 of Surveys, Pages 9, 9A. & 98 under Recorder's File No4,9512269001, King County Records, for Access (Ingress and Egress) purposes. in, on. over. through and across o strip of land 30.00 feet in width, 15.00 feet on both sides of the centerlines which ore described os follows: EASDAENT STRIP No. 1 Commencing at the Northwest Corner of "Lot D' of scid Short Plat No. L-94-0055. Thence along the North line of said "Lot 0", South 88'08'21" East 60.99 feet t. the TRUE POINT OF BEGINNING of the centerline of the herein described strip of land; THENCE South 01'05'02" East 283.26 feet to the North line of said 'Lot A" of Short Plat No. L-94-0055. and being the terminus of the centerline of the herein described 30.00 foot wide Easement strip. The sidelines of said 30.00 foot Easement strip are to be lengthened or shortened to terminate at the North and South lines of said "Lot D". The above described Easement strip contains approximately 8,49E square feet. more or less. EASEMENT STRIP No. 2 Commencing at the Northwest Corner of "Lot D" of so:d Short Plot No. L-94-0055. Thence along the North Tine of said 'Lot D", South 8131'8'21" Eost 652.34 fee' to the TRUE POINT OF BEGINNING of the centerline of the herein described strip of land: THENCE South 01'17'11' West 31.80 feet; THENCE Southeasterty 40.59 feet. along the arc of o 185.00 foot radius curve concave to the East. though a central angle of 1734'15; THENCE South 11'17'04 175.74 feet, to the North line of said 'Lot A , cod being terminus of the centerline of the herein described 30.00 foot wide Easement strip. The sidelines of sold 30.00 foot Easement strip ore to be lengthened or shortened to terminate at the North and South tine of said -Let 0". The above described Easement strip contains approximately 7,444 square 'ee: more or less. See -'so "EA.:IBIT MAP Easement Pion", attached hereto and mcde c par, nereo` for ; graphic representation of the above described Easements. End of Description PREPARED BY: BARGHAUSEN CONSULTING ENGINEERS. Inc. Job. No. 5109 June lC. 1996 18215 72N0 AVENUE SOUTH KENT, WA 98032 (206)251-6222 (206)251-8782 FAX s�' ► • t7Vi Ded&ERING. LAND PtMe NG. r+a eit0-4t St•VEYMG. ENVIROSIOCAL SZ"Z, /ICES a a 1 i 1 w • • `. _ UMW Page CIot2 1 1 11 t AIObllsl PAN( EAHI 02 9 � r 1 O • O 3 1 0 0. tor ri