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HomeMy WebLinkAboutPermit 79-15-L - BSH INC - LANDSCAPE REVIEW340 - 358 OPLAP4D DR $60-37$ VPLUPPMD DR $.5.1A. INC. 12 December 1979 Mark Caughey Assistant Planner MC /mkb City ofTukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development Bittman, Sanders, and Hasson Securities Bulding 1904 3rd Avenue Seattle, Washington 98101 Re: Landscape Maintenance - BSH Uplands Drive Project On 11 July 1979, the Tukwila Board of Architectural Review granted conditional approval of the landscape plan for the above referenced project. Certain items relative to that approval were left to staff to resolve prior to final certi- fication of occupancy. After our meeting at the site this morning, I have made the following determination with regard to these items: A) Installation of an underground irrigation system: The project plantings seem well - established and have been adequately maintained through hand - watering; hence, we shall continue to trust that your condominium purchasers will hew to the spirit of their maintenance covenants and sustain the high - quality level of land- scape care without the aid of an underground sprinkler system. It is my opinion that the costs of retrofitting a subterranean irriga- tion network will not be recovered to an equal degree of public benefit. B) Supplementary Planting Per our field discussion, we have agreed that you will add a number of evergreen trees to the east and north elevations of the east most building in the complex. I anticipate receiving a proposal plan from you in this regard to approve prior to installation. Thank you for your cooperation; please contact me if you have any questions. cc: Al Pieper Building Official 34° - QJ- 36o - -8 Op(i al}, °w 11-4 447 Cityfof Tukwila 6200 Southcenter Boulevard _ Tukwila Washington 98188 1908; Edgar D. Bauch, Mayor TO Al Pieper FROM: Mark Caughey, Assistant Planner DATE: November 27, 1979 SUBJECT: BSH - Upland Drive MEMORANDUM At your request of 26 November 1979, I have researched the status of development approvals for this project, and have assembled the following sequence of events: 22 June 1979 - Comprehensive Development Plans (Site & Architecture) Approved by the Board of Architectural Review; condition 111 required B.A.R. approval of a detailed landscape plan prior to issuance of an occupancy certificate. 11 July 1979 = A detailed landscape plan was approved by the Board of Architectural Review, subject to conditions: No indication is found in the file to suggest that the applicant or staff at any time attempted to follow -up on satisfying these conditions. Please let me know of any action which the Building Division may take on this matter. MC /mkb a) Irrigation: An underground system is to be provided to all "major" planting areas. b) Planting: Additional plantings beyond those shown on the approved plan are to be provided according to staff approval prior to issuance of the occupancy certificate. 12 July 1979 Dear Mr. Bittman: . atterstr m Planning Supervisor FNS /ckh cc: OCD Dir. Mayor City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development Mr. Herb Bittman Bittman, Sanders & Hasson Securities Building 1904 - 3rd Ave. _ Seattle, WA 98101 RE: Landscape Plans /- B.S.H., Inc. The Planning Commission considered the above referenced project at their continued regular meeting on 11 July 1979. Please be advised the Commission approved the proposed landscape plan with the following conditions: 1. An underground irrigation system be provided in major planting bed areas. 2. The planting be completed as shown on submitted plan. 3. Additional planting be added on the north, east, and west sides of the buildings, especially to the east which faces an empty lot and is therefore highly visible from Andover Park West; specific treatment subject to approval of plan- ning staff prior to issuance of occupancy permit. 4. Replacement of any dead or dying plants. Should you have any questions regarding this matter please contact me. Res ctfully, Planning Commission Page 8 Minutes of Cont. June 28, 1979 Meeting July 11, 1979 Royce Berg, architect, said they have no objections to adding the additional planting. At one time they had planned to use the area for recreation but they would go to trees in that area. He said there would be an underground irriga- tion system installed. MOVED BY MR. ORRICO, SECONDED BY MR. WELSH, THAT THE PLANNING COMMISSION APPROVE THE LANDSCAPE PLAN WITH THE FOLLOWING CONDITIONS: (1) ADDITIONAL PLANTING BE ADDED ON THE EAST SITE EDGE AS BUFFER, SPECIFIC TREATMENT TO BE APPROVED BY PLANNING STAFF PRIOR TO ISSUANCE OF OCCUPANCY PERMIT; (2) UNDERGROUND IRRIGATION SYSTEM BE INSTALLED. MOTION CARRIED. RAPE PLANS: B.S.H., INC. Fred Satterstrom, Planning pervisor, read the Staff Report, stating the land- scape plan had beensu tted by Bittman Sanders Hasson, architects, for the ware - �use complex £� .H., Inc. located at 340, 358, 360, 378 Upland Drive in the Up1l d Drive - Business Park. The proposed plantings are a variety of evergreen trees and are concentrated in front of the buildings. No landscaping has been proposed for north, east, and west sides of the property. Mr. Satterstorm said it is recommended that the Planning Commission approve the landscape plans with an underground irrigation system provided in all planting beds; the planting be completed as shown; additional planting be added on north, east, and west sides of the buildings; and dead or dying plants be replaced. Mr. Bittman, architect, said the landscaping had been done without official approval. He had misread the approval given for the building last year and had thought it included the landscaping. He said the project is condominiums and they have been sold. He said they have a declaration of intent that requires the property be maintained. This gives legal proof that the grounds will be maintained. Mr. Kirsop said the problem we have is that legal enforcement becomes time consuming. Mr. Bittman said even if an underground irrigation system is installed the City cannot come in and require that it be turned on. The declaration of intent says the grounds have to be maintained, so they will be maintained whether or not there is an underground irrigation system. Mr. Kirsop asked about the traffic. Mr. Bittman said most of the traffic is at night. Mr. Satterstrom said there are some little island areas that could be attractively landscaped and this would dress it up. Mr. Bittman said he could not lose any of the parking stalls because they are needed. He asked if he could work with the Plan- ning Department on ways he could best fill in the spaces where needed. Mr. Satter- strom said he thought Mr. Bittman was cooperative on trying to provide landscaping. He said staff could visit the site and make recommendations. Mr. Welsh asked if the installation of the underground irrigation system would involve removal of asphalt. Mr. Bittman said they would have to tunnel to the islands in front. He said he had not been aware of this requirement. Mr. Welsh asked if they could come in under another meter? Mr. Bittman said that would be a problem, they do not want a lot of meters. Mr. Satterstrom said the Commission could require the underground irrigation in only the major landscaping areas. Mr. Welsh said he thought the applicant should work with the planning staff and determine the major areas that should be irrigated. c c. Planning Commission Page 9 Minutes of Cont. June 28, 1979 Meeting July 11, 1979 MOVED BY MR. SOWINSKI, SECONDED BY MR. WELSH, THAT THE PLANNING COMMISSION APPROVE THE LANDSCAPE PLAN WITH THE FOLLOWING CONDITIONS: (1) UNDERGROUND IRRIGATION SYS- TEM BE PROVIDED IN MAJOR PLANTING BEDS; (2) PLANTING TO BE COMPLETED AS SHOWN; (3) ADDITIONAL PLANTING BE ADDED ON THE NORTH, EAST, AND WEST SIDES OF THE BUILDINGS, ESPECIALLY TO THE EAST WHICH FACES AN EMPTY LOT AND IS THEREFORE HIGHLY VISIBLE FROM ANDOVER PARK WEST; SPECIFIC TREATMENT SUBJECT TO APPROVAL OF PLANNING STAFF PRIOR TO ISSUANCE OF OCCUPANCY PERMIT; (4) REPLACEMENT OF ANY DEAD OR DYING PLANTS. RECESS: 10:20 - 10:25 P.M. Chairman Kirsop declared a five minute recess. The Planning Commission meeting was called back to order by Chairman Kirsop with Planning Commissioners and staff present as previously listed. LANDSCAPE PLANS: McCANN PROJECTS #425 AND #426: Fred Satterstrom, Planning Supervisor, read the Staff Report, stating the detailed landscape and irrigation plan prepared by Weedman's Landscaping has been submitted for McCann Projects #425 and #426, located at 305, 325, 335 to 355 Upland Drive. He said the proposed landscaping is designed to define parking areas and driveways entrances. Landscaping has not been proposed for the east and west site boundaries. The design for one planting island located at the end of the cul -de -sac on Midland Drive will be available on completion of construction. Mr. Satterstrom said staff recommends the approval of the landscape and irrigation plan with the conditions that plans include additional plantings for the east and west boundaries of the site, specific treatment to be approved by planning staff prior to issuance of occupancy permit; planting plan for area "8" to be finalized upon completion of construction, subject to planning staff approval. Mr. Hunt said he would like to comment about the additional plantings for the east and west boundaries of the site. These boundaries are the railroad spur tracks for the two buildings. Area "8" has been left without a design for a reason. The owner of the buildings has a particular piece of sculpture that he wishes to exhibit and he will landscape around it. Prior to completion the owner will submit a plan for staff approval. Mr. Satterstrom said in view of the railroad spurs he would like to withdraw the requirement of plantings on the east and west boundaries of the site. MOVED BY MR. WELSH, SECONDED BY MR. ORRICO, THAT THE PLANNING COMMISSION APPROVE THE LANDSCAPE AND IRRIGATION PLAN WITH THE CONDITION THAT THE PLANTING PLAN FOR AREA "8" BE FINALIZED UPON COMPLETION OF CONSTRUCTION, SUBJECT TO PLANNING STAFF APPROVAL. MOTION CARRIED. LANDSCAPE PLANS: McCANN PROJECT #447: Fred Satterstrom, Planning Supervisor, read the Staff Report, stating the landscape and irrigation plan has been submitted for McCann Project #447 located at 18200 - 18298 Olympic Avenue South. The proposed landscape plan includes a 15 -foot wide CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT 11 July 1979 8:00 P.M. AGENDA ITEM V I H : LANDSCAPE PLANS: B . S . H .. Inc. A detailed landscape plan has been submitted by Bittman Sanders Hasson - Architects for the warehouse complex forB.S.H., Inc. located at 340 - 358 and 360 - 378 Upland Drive in the Upland Drive Business Park. The proposed plantings include a variety of evergreen trees such as Mugo Pines, Douglas Fir, and Western Red Cedar, deciduous trees such as Vine Maples, Norway Maples, and Hawthornes, and shrubs such as Mexican Orange, Japanese Pieris, Stag - horn Sumac, and Viburnum. Wisteria is proposed near each trellis entry. All the plantings are concentrated in the front of the buildings, which face each other, and also some on the south side along Upland Drive. No landscaping has been proposed for the north, east, and west sides of the property. Most of the planting has been completed although a few types are still missing. The existing plants are generally small in size and limited in quantity One Western Red Cedar is dead. Staff recommends the Commission approve the landscape plan with the following con- ditions: 1. An underground irrigation system be provided in all planting beds. 2. The planting be completed as shown. 3. Additional planting be added on the north, east, and west sides of the buildings, especially to the east which faces an empty lot and is there- fore highly visible from Andover Park West; specific treatment subject to approval of planning staff prior to issuance of occupancy permit. 4. Replacement of any dead or dying plants. 1 LAHT t WZ. /IA At VIAACni. - - a. • • e ft V.•• n4, nee•.•• •••• ••■ • •■ ......... _ e — • • r•-•• •.• •.• • v.:. e • ••••• •••••tat....40. ••••• I••••■••• • • •• . ••••41..1.f.• " g ••■••• •••••••••• • ‘11.1•.. •si • ..114 il•;;•tirral ...• - ' -- -tt I •••••Trcs c• 06%, t• • BITTMAN SANDERS HASSON I, ARCHITECTS AND ASSOCIAII1 PS A•1•A • _ ts - 1. LArick;ZA , r • . eV. innOlq. 1•00 . V 4/1,I • •I•• • •• •• 04••• • rall! %.AKT.101-15E. COI\ X' I t' nc/-Z !".-11\%.. 14••••,••••••,, This Declaration of Covenants, Conditions and Restrictions hereinafter called "Declaration,' is made and executed in Seattle, King County, Washing- ton, this '2.°11, day of 1979, by HERBERT J. DITTMAN, DAVID HASSON N. DEAN SANDERS MAY SANdeRS, his wife, d/b /a B.S.H. In- vestment Company, a partnership, and F. S. JONES CONSTRUCTION CO., INC., a Washington Corporation. hereinafter referred to as "Declarant," pursuant to the provisions of the laws of the State of Washington, Laws of 1963, Chapter 156, and amendments thereto in Chapter 11, Laws of First Extraordinary Session of 1965, known as the Horizontal Property Regimes Act, hereinafter referred to as "the Act," to submit the property described to the Act and also to create a set of covenants, conditions and restrictions running with the land, and WITNESSETN: WHEREAS, Declarant is the owner of certain real property described as follows: . Lot 4, Upland's Tukwila industrial Park, according to plat recorded in Volume 104 of Plats, pages 8. 9 and 10, in King County, Washington. Subject to all mineral ri#ta am recorded under Auditor's Pile ■o. 7806080783 WHEREAS, Declarant is the owner of the buildings heretofore constructed upon the aforesaid premises and intends to construct an additional building on the premises, which property is intended to constitute a condominium develop- ment under the terms and provisions of the Act and this Declaration, and it is the desire and the intention of the Declarant to sell and convey apartments therein to various purchasers, subject to the covenants, conditions and re- strictions herein reserved to be kept and observed; and MERCAS, Declarant has filed or will file for record In the office of the King County Recorder, State of Washington, a set of plans for the condominium apartments, hereinafter referred to as "plans "; and W HEREAS, Declarant desires and intends by the filing of this Declaration and the aforesaid plans to submit the above-described property and the build- ings and other improvements constructed thereon, together with all the appur- tenances thereto, to the provisions of the aforesaid Act, and in addition to impose upon such property mutually beneficial restrictions under the general plan of improvement of the Declaration and plans, for the benefit of all of the said condominium development and the owners of apartments therein; N OW, THEREFORE, the Declarant does hereby publish and declare that all of the property. buildings and improvements described above are held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved subject to the following covenants, conditions, restrictions; uses, limitations and obligations. ail of which are declared to be and, by -p. DECLAMATION OF COVENANTS, CONDITIONS AND RES11ICTIOMS ESTABLISHING THE CONDOMiNIIM TO OE KNOWN AS UPLAND DRIVE BUSINESS PARK L MP k► Rac.j AI tiMI I r r /MECO TITLE INS. CO. SEATTLE. / • • • i f secs of deed, or interest hereunder are agreed to be, In furtherance of a plan r.•a for the improvement of said property and the division thereof into condominium apartments. The covenants, conditions and restrictions shall be deemed to run with the land in the individual apartments and shall be a burden and benefit ind or owning any upon the land in the shall be binding upon any apartments. the A real property and lmprovaemnts, their grantees, successors, heirs, executors, administra tors, debtees, and assigns. 1. DESCRIPTION OF BUILDING AND APARTMENTS (a) Buildings This Condominium consists of three buildings, two constructed and one to be constructed. The two completed buildings, each having one story. are designated Building 1 and Building 2. Building 1 contains five (5) apart- ments - A, B. C, D and E; Building 2 also contains five (5) apartments - F, H, 1 and J. Building 3, when completed, will contain one (1) apartment All buildings will be of wood frame construction with concrete and wood e,. teriors. None of the buildings will have a basement. (b) Apartments. Although 1n conventional usage "apartment" does not refer to commercial. office or warehouse space. the word "apartment" is used in this Declaration in keeping with the Act and refers to the individually - owned spaces in this con - dominium. A 261979 �, "7 S PR Apartment A Approximate area: 4791 square feet. Number of rooms: This apartment contains no interior walls at this tine. Partitions to create rooms suitable to particular uses will be installed to suit purchasers. Location: This apartment is located at the south end of Building 1. Access: Access to this apartment is from the entrances on the east and west sides of the apartment, thence to the common driveways leading to Upland Drive. Other data: This apartment has the exclusive right to use the four, teen (14) parking spaces to which it is assigned. Apartments B and C Approximate area: Apartment 8, 4825 square feet; Apartment C. 4761 square feet. Nlmber of rooms: Each of these apartments contains no interior walls at this time. Partitions to create rooms suitable to parti- cular uses will be installed to suit purchasers. 2. • 26 19791 _ Location: These apartments are situated side by side in Building 1, with Apartment C northernmost. Access: Access to these apartments is from the entrances on the east and west side of each apartment. thence to the common driveways leading to Upland Drive. Other data: Each of these apartments has the exclusive right to use the twelve (12) parking spaces to which it is assigned. Apartment 0 Approximate area: 5366 square feet. Maher of rooms: This apartment contains no interior walls at this time. Partitions to create rooms suitable to particular uses will be installed to suit purchasers. Location: This apartment is situated to the north side of Apartment C in Building 1. Access: Access to this apartment is from the entrances on the east and west side of the apartment, thence to the common driveways lead- ing to Upland Drive. Other data: This apartment has the exclusive right to use the four- teen (14) parking spaces to which it is assigned. Apartment E Approximate area: 5555 square feet. Amber of rooms: This apartment contains no interior walls at this time. Partitions to create rooms suitable to particular uses will be installed to suit purchasers. Location: This apartment is located at the north end of Building 1. Access: Access to this apartment is from the entrances on the east and west side of the apartment, thence to the common driveways lead- leg to Upland Drive. Other data: This apartment has the exclusive right to use the four- teen (14) parking spaces to which it is assigned. Apartments F and G Approximate area: Apartment F. 5966 square feet; Apartment G, 5951 square feet. Number of rooms: Each of these apartments contains no interior walls at this time. Partitions to create rooms suitable to parti- cular uses will be installed to suit purchasers. 3. • APR 26 1979) 4. • Location: These apartments are situated side by side at the south and of Building 2, with Apartment F southernmost. Access: Access to these apartments is from the entrances on the east and west side of each apartment, thence to the common driveways leading to Upland Drive. Other data: Each of these apartments has the exclusive right to use the fifteen (15) parking spaces to which it is assigned. Apartments N and 1 Aproximate area: Apartment N, 4797 square feet; Apartment 1, b sgmare feet. Number of rooms: Each of these apartments contains no interior walls at this time. Partitions to create rooms suitable to parti- cular uses will be installed to suit purchasers. Location: These apartments are situated side by side in Building 2, with Apartment N southernmost. Access: Access to these apartments is from the entrances on the east and west side of each apartment, thence to the common driveways leading to Upland Drive. Other data: Each of these apartments has the exclusive right to use the twelve (12) parking spaces to which it is assigned. Apartment J Aproxiaate area: 4733 square feet. Number of rooms: This apartment contains no interior walls at this _ time. Partitions to create rooms suitable to particular uses will be Installed to suit purchasers. Location: This apartment is situated at the north end of Building 2. -1 Access: Access to this building is from the entrances on the soutn and west side of each apartment, thence to the common driveways leading to Upland Drive. Other data: This apartment has the exclusive right to use the twelve (12) parking spaces to which it is assigned. A 1rtsent [ Approximate area: 12,000 square feet. amber of rooms: This apartment contains no interior walls at this time. Partitions to create rooms suitable to particular uses will be installed to suit purchasers. • Location: This apartment is located in Building 3. Access: Access to this apartment 1s from entrances on the south and east side of the building, thence to the common driveways leading to upland Drive. Other data: This apartment has the exclusive right to use the thirty -town (32) parking spaces to which It is assigned. 2. DESCRIPTION OF PARKING SPACES There are one hundred thirty -two (132) parking spaces located round and about Buildings 1 and 2. Each space is identified by the same letter (A -J) as the apartment to which 1t is assigned. the SSific locations of parking spaces can be ascertained by referring to P Assigned parking spaces shall remain indivisible from apartments, but may be rented or leased by the assigned owner to any other owner of the condomin- ium. The located around ci Building location 3 of the sthirtytoon (32) parking spaces which will be slent t0 the s 9 Apartment K will be made by amend - urvey upon completion of Building 3. 3. DESCRIPTION Of COMON AREAS AND FACILITIES The Cameo Areas and facilities consist of the following: a. The land above described on which the buildings are situated. b. wells (oxci non-beari foundations. g t columns. girders. beams, supports, main structures, parts and reefs of the buildings. apartments), and all other (e) The gardens, walkways and driveways around and about the buildings. (d) The installations of central services such as power, light, gas and voter. 4. DESCRIPTION OF LIMITED COMMON AREAS AND FACILITIES The limited Canon Areas and facilities are as follows: (a) The parking spaces are limited Common Areas for the exclusive use of assigned apartment owners. (b) for the The co a e1 adjacent entry way to the apartments are limited Common Areas apartments. • 9g 1Q7Q I _: - • 3. VALUE AND PERCENTAGE OF UNDIVIDED INTEREST IN COMION AREAS This condominium consists of eleven (11) apartments aM related Casson and Limited Cowen Areas and one hundred sixty-four (164) parking spaces. The total value is $2.274,600. The percentage of undivided interest in the Common Area and facilities, which percentage attaches to each apartment and its owner for all purposes including voting is, for each of the apartments, as stated below. The values are schedules to establish the percentage required by the Act and do not reflect, necessarily, the amount for which an apartment will be sold, from time to time, by Declarant or others. Apartment A B C 0 E F 6 11 I J k 6. SERVICE OF PROCESS Herbert J. Dittman, Securities Building, 1905 - 3rd Avenue. Seattle. Washington 96101, is hereby designated as the person to receive service of process in the cases provided in the Act. 7. OWNERS ASSOCIATION AND VOTING a. All the owners of apartments shall constitute the Upland Drive Busi- ness Park Owners Association (hereinafter "Association ") as provided in the Act. Natural persons. partnerships. corporations, trusts or other lawful business entities may own or have ownership interests in apartments. b. The total voting power of all owners shall be 100 votes and the total number of votes available to the owners of any one apartment shall be equal to the percentage of undivided interest in the Common Areas and facili- ties appertaining to such apartment. If a person, corporation or firm owns more than one apartment he or it shall have the votes for each apartment owned. c. There shall be one voting owner or agent for each apartment. Such voting owner or agent shall be designated by the owner or owners of an apart- ment by written notice signed by each party with an ownership interest, which notice shall be filed with the Board or managing agent. The voting agent need not be an owner. Any designation of voting owner or agent may be revoked at any time by any one of the parties with an ownership in t in the apartment Value $ 175,000 170,000 170.000 193,600 193.600 217,000 210,600 170.000 170,000 172,200 432.000 $2,274.600 1. Per'cM 7.694 7.474 7.474 6.520 6.520 9.540 9.267 7.474 7.474 7.571 16.992 100.000 • 2, • • • • • f 1 ""vi moss written notice filed with the Board or Mimeos?, and shall be demised re- voked when the Board or Manager receives actual notice of the death or judi- cially declared Incompetency of the owner or one of the owners of an apart - ment, or of the conveyance by such owner of his apartment. Where no designa- tion 1s made, or where a designation has been rode but is revoked and no new designation has been made, the husband, if a husband and wife have an owner- ship interest, shall be the voting owner for such interest, and in other situations where there is more than one wner, the voting owner shall be the group composed of all owners of the apartment and any or ail of such persons may attend any meeting of the owners, and those present at any meeting, if they act unanimously, may cast the votes to which their apartment is entitled. Declarant shall be entitled to cast the vote of any apartments owned by the Declarant. d. As rased in this Declaration, the term •Nortgege" shall include • deed of trust and the term 'Mortgagee" shall include the beneficiary of a deed of trust. The owners of an apartment may pledge their vote regarding special matters to a mortgagee of the apartment. In the event the owner or owners have pledged their vote regarding special matters to a mortgagee, and if 1n "? addition a copy of such mortgage with a statement of the special items res- pecting which the vote is pledged is filed with the Manager or Board, only the vote of the mortgagee or its agent will be recognized in regard to the special n etters upon which the vote is so pledged. Amendments to this paragraph shall only be effective on the written consent of all the owners and their respect- ive mortgagees. if any. e. In the event of a contract sale of an apartment, contract purchaser shell be the party entitled to cast a vote for the apartment unless the con- tract specifically reserves the voting power regarding special matters to the vender and a copy of the contract with a statement of special items as to which the vote is reserved is filed with the Manager or Board, in which case, o nly the vote of the vendor or his agent will be recognized with regard to the special matters so reserved. Amendments to this paragraph shall only be effective upon the written consent of all the voting owners and their respec- tive venders, if any. 0. 000R1N1 - MEETINGS a. The presence at a meeting of apartment owners or their spots having a mjjority of the total votes shall constitute a quorum. In the event that a gmonu is not present at any meeting, the owners present, though less than a goon, may adjourn the meeting to a later date and give notice thereof to all the owner: in accordance with the notice provisions of the Declaration. and at the meeting the presence of owners holding in excess of thirty (3071) percent o f the total votes shall constitute a quorum for the transaction of business:/ but in the event a quorum is not present at the meeting, the owners present, though loss than a quorum, may give notice to all the owners in accordance nth the notice provisions of this Declaration of a further adjourned meeting, and, at that meeting, whatever owners are present shall constitute a quorum. Un- less otherwise expressly provided in this Declaration. any action may be taken at a meeting of the owners upon the affirmative vote of a majority of the voting power of the owners present and voting, providing that a quorum is pre- sent. i 7. • • •� . - l ( DD ,e 1070 "~� r7 sill b. Annual Meeting. Then shall be an annual meeting of the owners in Pew the first quarter of each year at such reasonable place and time as may be de- signated by written notice of the Board, delivered to the owners not less than ten (10) days prior to the date fixed for said meeting. At the annual meeting. the Board shall present an audit of the cnammon expenses, Itemizing receipts and disbursements for the preceding calendar year, the allocation thereof to each owner, and the estimated common expenses for the coming year. Within ten (10) days after the annual meeting, a statement summarizing the audit shall be delivered or mailed to the owners not present at said meeting. The Board at any time, or twenty (20%) percent of the owners by written re- quest, may require that an audit of the owners' Association and management books be presented at any special meeting. An apartment owner, at his own ex- pense. may at any reasonable time sake an audit of the books of the Board and Manager. C. Special meetings. Special meetings of the owners may be called at amy time for the purpose of considering matters which by the terms of the Act or of this Declaration require the approval of all or some of the owners, or for any reasonable purpose. Said meeting shall be called by written notice, signed by a majority of the Board, or by the owners having 1 /4th of the total votes and delivered not less than ten (10) days prior to the date fixed for the said meeting. Said notices shall specify the date, time and place of the meeting. and the matters to be considered at such meeting. !. NOTICES a. Any notice permitted or required to be delivered as provided herein shell or may be delivered either personally or by mail. 11 delivery is made by soil. such notice shall be deemed to have been delivered twenty-four (24) hours after a copy of some has been deposited in the United States mail. post- age prepaid, addressed to the person entitled to such notice at the address given by such person to the Board or Manager, in writing. for the purpose of service of such notice. Notice to the owner or owners of an apartment shall be sufficient If mailed to the apartment of such person or persons if no other moiling address has been given to the Manager or Board by any of the persons so entitled. Such address may be changed (roe time to time by notice in writing to the Board or to the Manager. Notice to be given to the Manager or Board may be given to Declarant until such time as the Association and Board have been constituted or Manager employed, and thereafter shall be given to such Manager or to the chairman or to the secretary of the Board. b. Upon written request therefor, and for a period of ten (10) years after such request, the vendor, mortgagee, or deed of trust beneficiary of any apartment shall be entitled to be sent a copy of any notices respecting the apartment covered by such security instrument until the request is withdrawn or the security right is discharged. 10. BOARD OF DIRECTORS OF THE OWNERS ASSOCIATION ZDMPOSITIDM ELECTION. TERN, PROCEEDING, RTGNTS AND POWERS OF DECLARANT a. Composition. The Board of Directors of the Owners Association shall be composed of three (3) apartment owners. Individual owners, general part- ners of partnerships, and officers of corporations with ownership interests 1 r" win elected nny unsold apartments, �apartme Declarant shell, ataDe period 1 aant $ t(eeq Mclabeena member of the Board. b. Election. At each arwaal maURimg, sabJect to the provisions of sub- paragraphs a. and f. of this section, the owners shall elect directors to re- place those whose terms have expired; provided. however, that the first Board elected hereunder may be elected at a special meeting duly called by Declar- ant, said Board to serve until the first annual meeting held thereafter. Nomination of • slate of candidates for subsequent Boards may be made by a nominating committee selected by the Board. Additional nominations may only be made by means of a petition signed by at least two apartment owners. Nomi- nations shall be made to conform the Board to the composition provided for in subparagraph a. hereof. c. Term. Members of the Board shall serve for a term of one (1) year. The misers of the Board shall serve until their respective successors are , elected, or until their death, resignatio or removal; provided that if any member ceases to be an owner, his members �ql • n the Board t hhenronote , r urinate. In the event of a vacancy by any cause the remaining Board members may elect a replacement Board member who shall serve until the next annual meeting or until any special meeting called to elect a new Board member. d. Removal. Subject to the provisions of subparagraphs a. and f. hereof, any Board member may be removed from membership on the Board and a successor may be elected for the unexpired term by a vote of the owners at a special meeting called for such purpose; provided that unless the entire Board is cast agavrdst an his� exceeds hirty not (301 percentf of votes of the total voting power. •. Proceedings. Two (2) members of the Board shall constitute a quorum and, if a quorum is present, the decision of a majority of those present shall be the act of the Board. From its membership the Board shall elect a presi- dent of the Board and the Association who shall preside over both its meetings and those of the owners. The Board shall additionally elect a vice president, a secretary and a treasurer. The latter two offices may be combined and the Manager functions of these offices under the direction of the officer if the Board o directs. Meetings of the Board may be called, held and conducted in accord- ance with this Declaration and such bylaws and regulations as the Board may adopt. The Board may also act without a meeting by unanimous written consent of its members as evidenced by their signature upon any minutes or resolutions,- of the Board. f. Declarant Nay Perform All Board Functions. Until a date two (2) years from the date of recording this Declaration, or until one (1) year after all apartments have been sold and occupied, whichever is sooner, all of the rights, duties and functions of the Board and Manager shall, at Declarant's option, be exercised only and entirely by Declarant, or may be transferred to a Board elected as provided in this paragraph at such prior time as Declarant may determine. The Declarant may hold elections and constitute an advisory board composed. insofar as reasonably possible, as provided in subparagraph • !. -, 1 .1 Sit 1 e D0 �e 1070 I • rules and regulations for the Association, may give notices and call meetings; determine, assess, collect, or receive, and d expe A sociation funds; hire a Manage quired; purchase supplies and equipment and determine maintenance and other policies; set up and constitute Association books and accounts; and generally exercise all powers Necessary to carry out the provisions �sse condominium tis Declaration at and anage themselves, or through employed epeent. Acceptance of en interest in apartments described in this Declaration indicates acceptance of this management authority in Declarant for the initial period of condominium operation indicated. l an d and pro ecgtio out t set (o th Declarant is entitled to the power, this Declaration for the Board. g. Mortgagee of the apartment refers to the holder of the mortgage or deed of trust en an apartment which was recorded simultaneous with or after the recordation of this Declaration. Mortgagee of the condominium refers to the holder of the deed of trust or mortgage on the real property which this Declaration affects and which was executed and recorded prior to the recorda- tion of this Declaration. In the event the mortgagee of the condominium becomes bound by the Condominium Declaration by signing the consent contained in Section 36 hereof. and forecloses his mortgage or deed of trust and obtains possessory rights. legal title. or sheriff's certificates or certificates of sale to or covering the unsold apartment or apartments and appurtenant common areas covered by the respective deed of trust or mortgage liens, then the mortgagee of the condo- minium shall succeed to and assume, to the exclusion of the Declarant. all poem of the Declarant as set forth in this Declaration; and further, in the e vent the mortgagee of the condominium commences a foreclosure or accepts title to the unsold units by deed in lieu of foreclosure. during the time the Declarant may perform all Board functions pursuant to paragraph 10-1 of this Declaration, then said powers t may to, sha extended to which the mortgagee f e for an n additional two (2) Years. The mortgagee of the condominium shall be entitled to appoint a receiver during the pendency of any foreclosure and said receiver shall Immediately, upon appointment. succeed to and assume Oeclar ant's pewees as set forth in this Declaration, and shall be entitled to sell unsold apartments during pendency of said foreclosure. and said sales shall be subject to confirmation by court order. 111. AUIimAITY OF TIE BOARD The Board, for the benefit of the condominium and the owners. shall en- force the provisions hereof and shall acquire and shall pay for. out of the Cream expense fund hereinafter provided for. the following: a. Water, sewer, garbage collection. electrical. and other necessary utility service for the Common Areas (and to the extent not separately metered or charged, for the apartments). • • _ _ _ -- h R ^1 PY S11 I! 10. • b. hlieie, of insurance as the sane are were folly set forth in Sec- tion 29 of this Declaration. c. The services of o person or firm to menage the affairs of the condo- minium (heroin called 'the Manager) to the extent deemed advisable by the Board, as well as such other personnel as the Board shall determine are neces- sary or proper for the operation of are Common Areas, by the th �uch personnel are employed directly by d. Legal and accounting services necessary or proper In the operation of the Association affairs, administration of the Common Areas or the enforce - sent of this Declaration. e. painting, maintenance, repaicnd all landscaping and gardening were for the Common Areas, the parking spa which are limited Common Areas. ant_ such furnishings and equipment for the Commo:n'Areas as the Board shall deter- mine are necessary and proper. and the Board shall have the exclusive right end duty to acquire the same for the Common Areas; provided. however, that the interior o rsathereof each all such Maintenance topainted. beatthe sole maintained and repaired of the particular owners. f. Amy other materials, supplies, labor, services, maintenance. re- pairs, structural alterations, insurance, taxes, or assessments which the Board is required to secure by law or which in its opinion shall be necessary or proper for the operation of the Common Areas or for the nfo co th Dec provided that if any such materials. supp maintenance, repairs, structural alterations• insurance. taxes or assessments are provided for particular apartments, the cost thereof shall be specially assessed to the owner of such apartment. Maintenance and repair of any apartment, if such maintenance or re- pair g is reasonably necessary in the discretion of the Board to protect the Common Areas or preserve the appearance and value of the Condominium Develop ment, and the owner or owners of said apartment have failed or refused to per- form said maintenance or repair within a reasonable time after written notice of the necessity of said maintenance or repair delivered by the Board to said owner or owners, provided that the Board shall levy a special assessment against the apartment of such owner or owners for the cost of said maintenance or repair. h. The Board may also pay any amount necessary to discharge any lien 4. encumbrance levied against the entire property or any part thereof which is claimed to or may, in the opinion of the Board, constitute a lien against the property or against the Common Areas, rather than Merely against the interest therein of particular owners. Where one or more are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it and any costs and expense incurred by the Board by reason of such Peen or liens shall be assessed against the owners and the apartments responsible to the extent of their responsibility. S • T r • 1 pr PA 11 U. • ia ir e r .. � ∎. • r wrrr 3 1 � 12. BOARD POWERS. EXCLUSIVE The heard shall have the exclusive right to contract for all goods, ser- vices and insurance. payment for which is to be made from the common expense fund. This power say be exercised by Declarant as provided herein until the first bard is formed. 11. ALTERATIONS. ADDITIONS AND IMPROVEMENTS - LIMITATIONS The bars shall sate no alterations, capital additions to. or capital im- provements of the Common Areas or individual apartments requiring an expend- iture in excess of Three Thousand Ool'ars (13,000). without prior approval of the owners holding a majority of the total votes. Any structural alterations to apartments or changes of apartment configuration are governed by Section 19 hereof. 14. COON EXPENSES: ASSESSMENTS a. Within thirty (30) days prior to the beginning of each calendar year the Beard shall estimate the net charges to he paid during such year, and shall include a reasonable provision for contingencies and replacement and ac- quisition and operating reserves, less any expected Income and any surplus available from the prior year's fund; provided that Declarant or the initial Board may et any suitable time establish the first such estimate. Said esti- meted requirement shall be assessed to apartments and the owner or owners thereof pursuant to the percentage of individual interest in the Common Areas and facilities set forth in Section 5 of this Declaration. if said sum esti- meted proves inadequate for any reason, including nonpayment of any owner's assessment. the Board may at any time levy a further assessment, which shall be assessed to the owners in like proportions. Each owner shalt be obligated to pay assessments made pursuant to this paragraph to the treasurer or Manager for the Association in equal monthly installments on or before the first day of each month during such year, or in such other reasonable manner as the hoard shall designate, and any unpaid assessments shall bear interest at the rata of tan (101) percent per annum from due date until paid. 10 the event the mortgagee of the condominium is conveyed any unsold apartments in lieu of foreclosure, obtains possessory rights, legal title or sheriff's certificates or certificate of sale to or covering said unsold apartments as a result of the foreclosure of the mortgage or deed of trust covering the condominium, or if after initial sale the mortgagee reacquires any apartment, or if at any time the mortgagee retains any apartment and grants or leases the same, the mortgagee shall be liable for the normal assessments for such apartment, provided that in no event will the mortgagee he liable for any past-due assessments which accrued or became due prior to the time the mortgagee obtained possession of an apartment by foreclosure or by died in lieu of foreclosure. b. All leads collected hereunder shall be expended for the purposes de- si/nt l herein. c. The heard shall require that the Association maintain separate ac- eamnts for current operations. reserves, and a special separate reserve ac- tmurt for payment of insurance. Each month the Board shall first deposit to 11. •' 1 1 . r" A � • • the insurance reserve account that portion of the common expenses assessment necessary to pay at least onetwelfth (1/12) of the total cost of all of the insurance policies provided regarding the condominium or called for In this Declaration, and such insurance reserve account shall be held separately and inviolate until utilized for payment of insurance premiums. Thereafter, the remainder of the common expenses collected may be utilized for payment of other expenses or deposited or credited to other accounts. d. The emission by the Board before the expiration of any year, to fix the assessments hereunder for that or the next year, shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the owner from the obligation to pay the assessments, or any installment thereof for that or any subsequent year, but the assessment fixed for the preceding year shall continue rtI1 the new assessment is fixed. e. The Manager or Board shall keep detailed accurate records in the form established by the Association's accountant of the receipts and expendi- tures of the Association, and affecting the Common Areas, specifying and itemizing the maintenance and repair expenses of the Common Areas and any other expense incurred. Such records and any resolutions authorizing the pay- ments involved shall be available for examination by any owner at convenient hours of week days. 15. DEFAULT IN PAYMENT OF ASSESSMENTS - COLLECTION - )gfICE OF OBLIGATION a. Each monthly assessment and each special assessment shall be separ- ate, joint and several personal debts and obligations of the owner or owners of apartments for which the same are assessed at the time the assessment is made and shall be collectible as such. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing the same. The amount of any assessment, whether regular or special, assessed to the owner of any apartment, plus interest at the legal rate, and costs, including reasonable attorney's fees, shall be a lien upon such apartment. The said lien for payment of common expenses shall have priority over all other liens and encumbrances, except for those provided in RCM 64.32.200(2). b. A certificate executed and acknowledged by the treasurer or the president of the Board or by the Manager, if neither the president nor the treasurer is available, stating the indebtedness or lack thereof secured by the lien upon any apartment created hereunder, shall be conclusive upon the Board and the owners as to the amount of such indebtedness on the date of the certificate in favor of all persons who rely thereon in good faith. and such certificate shall be furnished to any owner or any encumbrancer or prospective encumbrancer of an apartment within a reasonable time after request, in re- cordable form, at a reasonable fee, not to exceed Ten Dollars (110.00). Any encumbrancer holding a lien on an apartment may pay any unpaid common expenses payable with respect to such apartment and upon such payment such encumbrancer shall have a lien on such apartment for the amounts paid of the same rank as the lien of his encumbrance. c. Security Deposit: An apartment owner other than a mortgagee of the condominium who has taken possession of any apartment pursuant to the exercise :a 9 1 1 4 7 0 r. 13. • '. of his security interest may be required by the Board of the Association, from tine to time, to make a security deposit not In excess of three months' estl- Meted ninthly assessments, which may be collected as are other assessments. Such deposit shall be held in a separate fund, credited to such member, and resort may be had thereto at any time when such member is ten (10) days or mere delinquent in paying his monthly or other assessments. d. Foreclosure of Assessment lien - Attorney's Fees and Costs: The Declarant, Manager, or Board of Directors, on behalf of the Association, may initiate action to foreclose the lien of any assessment. In any action to foreclose • lien against any apartment for nonpayment of delinquent assess- ments, my judgment rendered against the owners in favor of the Association shell include • reasonable sum for attorney's fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action, in addition to taxable costs permitted by law. e. From the time of commencement of any action to foreclose a lien against en apartment for nonpayment of delinquent assessments, the owner of such apartment shall pay to the Association the reasonable rental value of said apartment to be fixed by the Board of Directors of the Association. and the plaintiff in any such foreclosure shall be entitled to the appointment of • receiver to collect the same, who may, if said rental is not paid, obtain possession of the apartment, refurbish it for rental up to a standard for ran- • cal units of this type of building, rent or permit the rental to others and Apply rents first to costs of the receivership and attorney's fees thereof, then to costs of refurbishing the apartment, then to public charges, than to the Association to pay delinquent assessment charges. f. Tenminatlon of Utility Service: In addition to and not by way of limitation upon other methods of collecting any assessments, the Association shell have the right, after having given ten (10) day's notice to any apart- ment orasr who Is delinquent in paying his assessments, to cut off any or all utility services to the delinquent owner's apartment until such assessments are paid. g. If an apartment is rented by its owner, the Board may collect and the tenant or lessee shall pay over to the Board so much of the rent thereof •s is required to pay any amounts due the Board hereunder, plus interest and costs, if the same are in default over thirty (30) days. The renter or lessee shall not have the right to question payment over the Board, and such payment will discharge the lessee's or renter's duty of payment to the owner but will not operate to discharge the continuing obligations of the owner under this Declaration for assessments, or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed. h. The remedies provided are cumulative and the Board may pursue thee eomcwrrmntly, es well as any other remedies which may be available under law although not expressed herein. 16. MORTGAGE PROTECTION a. Notwithstanding all other provisions hereof, the liens created here- u nder upon any apartment for assessments shall be subject and subordinate to, and shall not affect the rights of the holder of, any indebtedness secured by %PR 261979 - 14. _"• - . .t r' • mortgages or beds of tent upon the apartment node in good faith and for trust, provided be a lienrcreated foreclosure rsuat to thhee provisions t Won the ante the the of Os there the rchaser at such sale to secure all assessments, whether interest _ regular or special, assessed hereunder to such purchaser as an owner after t e be enforced in the h sane d manner asp ided herein, manner as provided In effect te of such sale, 64.32.200. b. In the went that professional management is employed by the Associ ation, any agreement for professional management shall provide for tereiation by either party without cause or payment of a termination fee on ninety ( days' three or less ite in institu contract insti- to tonal first years. tutional tint deed of trust beneficiary helprofessioaltmanagerthirty (3ortiUj days' notice of any contemplated change l c . Except when acting pursuant to the provisions of the Act Involving damage or dtf he ages without consent of all in- trust benefici aries o? al tint mortgagee arias of any apartment, seek to abandon the condominium status of the project. d. The Association shall not partition or subdivide any apartment, nor shall the Association, by act or omission, seek to abandon, partition, sub- divide, encumber, sell or transfer the common elements of the project, or ac- cept any proposal so to do, without the prior approval of all institutional first mortgagees or institutional first deed of trust beneficiaries of any apartment directly affected. e. The Association shall not change the percentages of interest for the purpose of changing the levying of assessments and charges and the priior�approvall of nstitu al a firproject t jmortgagees� without first deed of trust beneficiaries of any apartment. f. All institutional first mortgagees or institutioal tint deed of trust beneficiaries shall have the right to examine the books request ks and during records of the condominium Association or the condominium project normal business hours. g De remdeent of this Declaration shall be effective to modif• change, limit or alter the rights duly recorded gagees in t unsatified t�.. instrument with respect to any mortgage holder of such mortgage• amend.ent shall be consented to in writing by h. Any institutional first mortgagee or institutional first deed of trust beneficiary, upon request is entitled to written notice from the Associ- ation of any default in the performance of an individual apartment owner of any obligation under the Condominium Declaration or by-laws which is not cured within sixty (60) days. • • I APR 261979 i 15. Au' • 17. DELEGATION TO MANAGER a. The Board may delegate any of its duties, powers or functions, in- clding, but net limited to, the authority to give the certificates provided for herein, to any person or firm, to act as Manager of the condominium, pro- vided that any such delegation shall be revocable immediately upon notice by the Board. The members of the Board shall not be liable for ru io so o omission r o improper exercise by the Manager of any such duty, power or gated. In the absence of any appointment, the president of the Board may act as Manager. Declarant is entitled to the protections of this section. b. Amy Manager named or employed by Declarant shall be employed to man- age only so long as Declarant is entitled to exercise the powers of the Board. Thereafter, the bard shall have the right to retain or discharge said Manager es it determines desirable in its discretion. 3. OWNER'S OBLIGATION TO REPAIR: COVERED ENTRIES, PARKING SPACES a. Each apartment owner shall at the said owner's expense keep the in- terior of his apartment and its equipment and appurtenances in good order, condition and repair and in a clean and sanitary condition, and shall do all Maceration, painting and provide all upkeep which may at any time be neces- sary to maintain the good appearance and condition of his apartment. in addi- tion to decorating and keeping the interior of the apartment in good repair, the owner shall be responsible for the maintenance, repair or replacement of any mechanical or electrical fixtures. equipment or systems that may be In, or connected with, the apartment. b. Tie ever shall also, at the owner's own expense, keep the entry way and any parking space which has been assigned to his apartment in a clean and sanitary condition and is generally responsible for their maintenance, how- ever, pursuant to Paragraph (e) of Section 11, the Board may contract for the cleaning of the parking areas as a common expense. The Association and Manager shall not be responsible to the owner for loss or damage by theft or otherwise of articles which may be kept or stored by the owner in a parking space or apartwmt. c. The over shall not 'modify, paint or decorate any portion of the ex- terior of the building or other Common Area or any portion of the entry way or parking space without first obtaining written consent of the Board. In order to mmintaln a uniform, pleasing architectural appearance, the owners agree that the Board may require the painting of each entry way and regulate the type and color of paint to be used, and may contract for painting of all entry ways as a common expense. 13. PROVISIONS FOR SUBDIVIDING AND COMBINING (a) Subdivision and/or combining of any apartment or apartments, Common Areas and facilities or limited Common areas and facilities, other than the subdivision of Apartment K by the Declarant and its successors, assigns and purchasers, are authorized only as follows: 16. • • nn now •AVA (1) Amy owner of any apartment or apartments may propose any sub- dividing or combining of an apartment or apartments, and appurtenant Common Areas or limited Common Areas in writing, together with complete plans and specifications for accomplishing the same and a proposed amendment to the Declaration, Survey Nap and Plans covering such subdividing or combining, to the Board of Directors, which shall then notify all other owners of the re- quested subdivision or combination. (2) Upon written approval of such proposal by sixty percent (BOX) of the owners, the owner making the proposal may proceed according to such plans and specifications; provided that the Board may in its discretion (but it is net mandatory that the Board exercise this authority) require that the Board administer the work or that provisions for the protection of of o apartments or Common Areas or reasonablgleadlines for completion of the r be inserted in the contracts for the worklwand provided further that no apar. sent or any of the limited Common Areas or Common Areas may be subdivided or combined without the prior written approval of the mortgagee of the condomin- ium. (3) TM required amendments to the Declaration and the Survey Map and Plans, if any, shall be placed of record in the fors described in Section 31. (b) The Declarant, his successors, assigns and purchasers shall be per- mitted to subdivide Apartment K and further subdivide or combine the apartment or apartments created by such subdivision of Apartment K without the approval or consent of the owners, other than the owners of the apartment or apartments which are to be subdivided or combined. Prior to commencing such subdivision or combination, the owners of the apartment or apartments so involved shall provide the Beard of Directors with complete plans and specifications for ac- complishing same, together with a proposed amendment to the Declaration. Sur- vey Nap and Plans covering the subdividing or combining. The Board of Direc- tors may in its discretion (but it is not mandatory that the Board exercise this authority) require that the Board administer the or that provisions for the protection of other apartments or Common Areas or reasonable deadlines for completion of the work be inserted in the conditions for the work. Any required aend•ents to the Declaration and the Survey Nap and Plans shall be placed of record in the fore described in Section 31. (c) The owners of the apartment or apartments created from the subdiv — ' sion of Apartment K shall have the right to alter and improve their /parlor. or apartments. Including the removal or relocation of interior walls or parti- tions; provided, however, that such owners may not perform any act or work which will impair the structural soundness of the property without the written consent of all owners or mortgagees. 20. LIMITATION ON USE OF APARTMENTS AND COMMON AREAS The apartments and Common Areas shall be occupied and used as follows: (Reference to Common Areas include Limited Common Areas.) a. M ewer can occupy or use his apartment for any legal business pur- pose. 17. • .1 t .• � • • b. Thera shell be ne obstruction of the Common Areas. Nothing shell be Stared IN the Common Areas without the prior consent of the Board. C. Nothing shell be done or kept in any apartment or in the Common Aroma which will increase the rate of insurance on the Common Areas, without the prior written consent of the Board. No owner shall permit anything to be done or kept in his apartment or in the Common Areas which will result in the cancellation of insurance on any unit or any part of the Common Areas, or Witch would be in violation of any law. No waste will be committed in the Comma Areas. d. An apartment owner my display signs of a size, color and style ep- propriata to the use of his apartment, subject to prior written approval of the Board. e. Ne animals, livestock or poultry of any kind shall be raised, bred, er beet to any apartment or in the Common Areas. 1. No noxious or offensive activity shall be carried on in any apart - ment er in the Common Areas, nor snail anything be done therein which say be o r become an annoyance or nuisance to the other owners. iN Nothing shell be altered or constructed in or removed from the Com- mon Areas, except upon the written consent of the Board. b. The Beard may adept rules regarding the above use limitations both for apartments and the Common Areas. There will be no violation of such rules adapted by the Board and furnished in writing to the owners. 21» ENTRY FOR REPAIRS The Beard or its agents may enter any apartment when necessary in connec- tion with any maintenance, landscaping or construction for which the Board is responsible. Such entry shell be made with as little inconvenience to the owners as practicable, and any damage caused thereby shall be repaired by the H ard eat of the common expense fund if the entry was for the purpose of main- tenance er repairs to Common Areas or another apartment where the repairs to the ether apartment ware undertaken by the Board. 22. FAILURE OF BOARD TO INSIST ON STRICT PERFORMANCE EB WIVE. The failure of the Board or Manager to insist in any one or more instan- ces epee the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or to exercise any right or option herein contained, or to serve any notice or to institute any action shall not be con- strued as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. The receipt by the Board or Manager of any assessment from an owner, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the N erd er Manager of any provision hereof shall be deemed to have been lade un- less expressed in writing and signed by the Board or Manager. This section also extends to the Declarant's exercising the powers of the Board during the initial period of operation of the Association and Condominium development. • D 9@ 11070 • • 1 sn APR 26 1979 1!. • 23. LIMITATION OF HOARD AND ASSOCIATION LIAOILiTY The Board shall not be liable for any failure of any utility er ether 1 "7 service to be obtained and paid by the elemen hereunder, , resettiq for free injury er ddms�meagpsa y , , person sr property triclt, water, rein, dust or sand which may leak or flow from outside or free any parts of the building, or from any of its pipes. drains, cemMlts, appli- ances, or equipment, or from any other place. No diminutive er abatement of common expense assessments shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Common Areas, or from any action taken to comply with any law, ordinance er orders of • governmental authority. This exemption extends to the entire Association as well as to the Board. Timplication issecio l not be interpreted ted t+ n e impose T� ce form of liability by any �n Board the rs of o Board section also extends to the Declarant's exercising the pa during the initial period of operation of the Association and condominium development. 24. INDEMNIFICATION OF BOARD /EMBERS Each member of the Board shall be indatfled by the owners against all expanses and liabilities including attorney's fees. e ason lly be a p Imposed upon him in connection with any proceeding or in which he my become involved, by reason of his being or having been a member of the Board, or any settlement thereof, whether or not he is a member of the Board at the time such expenses are incurred willful , in cases wherein the member of the Board is adjudged guilty malfeasance in the performance of his duties; provided that in the event ouca settlement the indemnification shall apply only when the Board approves settlement and reimbursement as being for the best interests of the Associa tion. This section shall apply also to the Declarant's exercising the powers of the Board during the initial period of operation of the Association and condominium development. 25. INSURANCE The Board shall obtain and maintain at all times insurance of the type and kind and in at least the amounts provided herein, and shall also provide insurance for such other risks, of a similar or dissimilar nature, as are or shall hereafter customarily be covered with respect to other condominium developments similar in construction, design and use. The insurance policies shall, insofar as reasonably possible, be governed by the following minimum provisions, and such insurance shall be on a master policy basis covering the entire condominium development: a. A policy or policies of fire insurance with extended coverage for full insurable replacement cost covering each of the apartments individually, the building as a whole, and the Common Areas, or such other fire and casualty insurance as the Board shall determine gives substantially equal or greater protection to the owners or their mortgagees, as their respective interests hey appear. The policy or policies shall provide for separate protection for each apartment to the full insurable replacement cost thereof and ope or eo separate loss payable endorsements in favor of any gagees, or deed of trust beneficiary of each apartment. b. T u Board of the Association, property during initial xerci ,gethe authority of the Board and managing the the condominium operation. shall be designated in the policy as named insured, and as trustee for each of the apartment owners of the condominium in the per - centages established in this Declaration, shall have v the Oeneflt adj ust any loss and receive payment apartment owners as their respective interests may appear. The Board and /or Declarant as trustee shall deal with such proceeds as provided in this Declaration. or as provided by law. c. A policy or policies insuring the Declarant, the Association, the Board, the individual owners and the Manger against any liability to the pub- lic or to the owners of apartments, their guests, invitees, or tenants, for property damage or bodily injury incident to the ownership or use of the Com- mon Areas or apartments. a or ni of liability be on a nee s be set b y the Board. Said policy policies liability basis and shall provide a cross-liability endorsement wherein the rights of named insured under the policy or policies shall not be prejudiced as respects his, her, or their action against another named insured, or other equivalent coverage of liability of the Association or owners to another owner. d. All of the insurance policies described and the ages set forth therein shall be reviewed at least annually by the Board, and the Board shall request of the agent or insurance carrier annual or more frequent updating or valuations so that the fire insurance policies continuously reflect full re- placement cost and the liability policies provide for adequate liability coverage. e. Workman's compensation coverage or employer's liability insurance to the extent necessary to comply with any applicable laws. f. All policies shall be written with a company licensed to do business in the State of Washington and holding a rating of 'AM' or better by Best's Insurance Reports. g. A fidelity bond naming the Board and the Manager, and such other persons as may be designated by the Board as principals. and the Association and Board as obligees, in an amount equal to at least fifty percent (SO%) of ▪ coned estimated protect the of the Association and the ssessee shall ntsbeing collected. h. To the extent permitted in the policy of insurance, subrogation is w aived as to any claims among or against the Declarant, the Board. the Associ- ation. the Manager, the individual apartaent wars and their respective ser- vants, agents, and guests. 1. The policies shall provide that the master policy on the condominium coast be cancelled, invalidated or suspended on a account of the demand in t woft a n y officer or employee of the Board or Manager, without that within a reasonable time the Board or Manager cure the defect or obtain cessation of the conduct. 20. • The policies shall provide that any no other insurance' clause in the master.pollcy exclude individual owners' policies from consideration. Each tuner may obtain additional insurance for his apartment es provided to RCN 64.32.010(1) and 64.32.220 at his own expense; provided, however, that no owner shall be entitled to exercise his right to maintain insurance cover- age in any manner which would decrease the amount which the Board, in behalf of all of the owners, will realize under any insurance policy which the Board may have in force on the condominium at any particular time. Each owner is required and agrees to notify the Board of all improvements by the owner to his unit, the value of which is in excess of On Thousand Dollars (61,000). Any owner who obtains individual insurance policies covering any portion of the condominium, other than personal property belonging to such owner, is hereby required to file a copy of such individual policy or policies with the Board within thirty (30) days after purchase of such insurance, and the Board shall immediately review its effect witff'he Board's insurance broker, agent or carrier. 26. DNMGE NO DESTRUCTION In case of fire, casualty or any other disaster covered by the insurance policies. causing any damage or destruction to any apartments or Common Areas. the insurance proceeds shall be applied toward the reconstruction of the building. Reconstruction, as used in this paragraph, means restoring the building to substantially the same condition in which it existed prior to the fire, casualty, or other disaster, with each apartment and the Common Areas having the same vertical and horizontal boundaries as before. Modifications to conform to then applicable governmental rules and regulations may be made. Such reconstruction shall be accomplished by the Board, or the Manager at the Board's direction shall have the authority to employ an architect, advertise for bids and let contracts to contractors and others as required to effect the reconstruction. The Board may authorize the insurance company to proceed with the reconstruction upon satisfaction of the Board that such reconstruction will be epprepriataly carried out. If the Insurance proceeds are insufficient to repair or reconstruct the building, damage to or destruction of the building shall nevertheless be promptly repaired and restored by the Board, utilizing available insurance funds, and all apartment owners shall be liable equally for assessment for any deficiency as a common expense. A unanimous decision of the apartment owners will be required to avoid the provisions of this section and determine not to rebuild, repair or restore the building. In the event of a decision not to rebuild, the Board may never- theless expend such of the insurance proceeds as may be necessary to remove the resins of building and place the site in condition required by any appli- cable governmental rule or regulation, or in such condition as the Board may determine is necessary to reasonably protect the owners from liability from the condition of the site, and the funds shall thereafter be held and distri- buted as provided by statute. In case of conflict between this section and RCN 64.32.230, the latter prevails. 21. • ti • 27. ENFORCFNEI! Each owner shall triply strictly with the provisions a lof this Declaration here with the administrative rules and �fra time to yima, and with eri- under, as the same say be lawfully amended dons adopted pursuant to said Declaration and ands administrative rules recover regu- l ations, and failure to comply shall beg due for damages. for injunctive relief, or both, maintainable aggrieved the Bernayg r r r ard o o Men•ger on behalf of the owners. or in a proper cae, by In the event • suit is brought for damages and/or injunctive relief. the prevailing party shall be awarded reasonable attorney tees and cos f b s it, and a judgment therefor shall be collectible against the losing D o all means provided for in this Declaration and by law. 2B. ASSOCIATION PROPERTY The Board or Manager may, from common funds of the Association, acquire and Hold in the name of the Association. for the benefit of i ow ta e - gfble and intangible personal property and real property and in, and may dispose of the same by sale l b e or of therwise the ;oandrthenbeneficcia pro - p orit 1 such personal property shall portion as as their respective interests in the Coamon Areas, o' otherwise dealt leased. rented, with tsrtthaehebenefit of the common fund of the Association as the Board may or direct. The Board valued in of One Thousand Dollars ($1,00 property lase orrp probe Y a majority vote of the apartment owners. or pmrchase except won Within thirty (30) days following the termination of O•clarant's right to amortise the powers of the Board of this Declaration. the Declarant shall exe- cute and deliver a bill of sale loca the ed Board d on b ehalf nt and furnished owners, the transferring any hams of property he Oclaralrt, which property is intended for the common use and enjoyment the owners. Nothing heroin shall authorize the Board or Association to carry on any bm•iness for profit. 29. INTERPRETATION _ The provisions of this Declaration shall be liberally construed and toe tuate its purpose of creating a uniform plan for the development of a condominium development. 30. BY -LAYS By -laws fee ths administration with the Act Association. a n d the terms intent for ether c lam t the Association by sixty (609) per - ctthis Declaration. shall be adop ed by pmt of the votes of a quorum at a meeting to be held for that purpose. N otice of the time, place and purpose of such meeting shall be BelAmerednto mpartment each • • • 1 caw • 3111. MBdENT OF DECLARATION. SURVEY TRAP. PLANS a. Amendments to the Declaration shall be Bade In any instrument in writing entitled "Amendment to Declaration of Upland Drive Business Park Con - dominium' which sets forth the entire amendment. Notice of any proposed amendment must be given to all owners of apartments as provided herein and any proposed amendment must be approved prior to its adoption by a majority of the Beard of Directors of the Association. Amendments may be adopted at a meeting of the owners if seventy -five (75%) percent of the owners vote for such amend- ment. or without meeting if seventy-five (7511) percent of the owners consent in writing to such amendment. In all events, the amendment shall bear the signature of the president of the Board of the Association and shall be at- tested by the secretary, who shall state whether the amendment was properly adopted and shall be acknowledged by them as officers of the Association. Amendments once properly adopted shall be effective upon recording in the of- fice of the King County Recorder. Any decision changing the values and per- centage of interest expressed herein, except for subdivision of Apartment K as provided for in Section 19, shall require the unanimous consent of the apart- ment owners. It is specifically covenantsrtnd understood by all parties ac- cepting ownership interests in apartments under this Declaration that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and reservations contained here- in which may be affected and any or all clauses of this Declaration. b. Subject to the provisions of Sections 19 and 32 hereof, the Survey limp and Plans may be amended by revised versions thereof referred to and des- cribed as to effect in an amendment to the Declaration adopted as provided for herein. Copies of any proposed amendment to the Survey Nap and Plans shall be made available for the examination of every owner. Such amendment to the Sur- vey Nap and Plans shall also be effective once properly adopted, upon re- cordation in the tiles of the King County Recorder. • 32. NENDIENTS BY DECLARANT It is specifically covenanted and agreed that Declarant. upon Declarant's stir signature. may file an amendment or amendments to the Declaration and to the Survey Nap and Plans upon the completion of Building 3, which amendment(s) shall Include but not be limited to: (1) description of the apartment or apartments and parking spaces for use by Building 3 apartment(s); (2) des- cription of Common or limited Common Areas not included in this Declaration; and (3) an as-built certificate showing the exact location and dimensions of Wilding S and apartment(s) contained therein. 33. SEVERABiLITY The provisions hereof shall be deemed independent and able, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. v 1 .. ••.•.. ( & 11 23. 1 • DEFERENCE TO SURVEY NAP AND PLANS The set of plans of the building referred to herein were filed with the beorder of King County. Washington, simultaneously with the l of this under Recorder's File No. 790 #2L(Y)A.�. Condominiums. Pages 21-24 . M. SIGNATURE M MORTGAGEES OF PROPERTY a Washington Corporation. has mortgage interests in the property, which is recorded in records of King County under King County recording number , and said mortgagee signs this Declaration to insure compliance with the Act and to show its con- sent to the constituting of this property as condominium pursuant to o this Declar Said mortgage lated percentage of interest in the Common Areas as such apartment is sold, by releases of mortgages recorded independently from this Declaration. iN WITNESS WHEREOF jar undersigned instrument this instnent this aj a day of 4{), 1979. MAW: 5, Title ir ....... ADD o s I , :7 24. F. S. JONES CONSTRUCTION CO.. INC., a Washington Corporation y Titlo.sreedomm. • • • STATE OF Wa IINGTON ) County of King ) STATE OF WASHINGTON ) County of King ) :SS. On this day of . 1979, before me. the undersigned. a tary Public in a or the State of Washington, duly comis- sioned and sworn. personally appeared . to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therm mentioned, and on oath stated that he � to execute the said i strument and that the seal offixeen the corporate seal of said corporation. Witness ay hand and official seal hereto affixed the day and year first above written. : SS. Sotary Public In and for the State of Washington. residing at On this 1 day of .1979, before me, the undersigned a ary Public in and or the State o Washington, duly commis- sioned and sworn. personally appeared to me known to e t e of F. INC., a Washington Corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is corporate seal .•^., said corporation. Witness my hand and official seal hereto affixed the day and year tint above written. ary is n a • or t to o ashington, residing at 2S. 1070 1 • - .• •ti • • .. 1 CURVE • , R T L C ea We 410.98 36.33 72.08 72.39 2 0 d 0000 491.45 3367 57.22 67.77 0 54 410.88 212.08 391.56 378.91 r Q 139 60.00 153.43 146.27 112.65 4940 41 25D0 11.57 21.68 21.00 6 T5 369.27 276.84 471.7 438.57 M R 55'•02' W 114.00 7904260923 f ld tary hblic fn a the State • Washington. residl t ra A 6 N.2Y2,1 cam. FITiFtFI 152 222. N 55 04 W 5.00 SURVEY MAP AND PLOT PLAN 5 20 60 1D 40 • e �. •s tra /10 , 96.6 UPLAND DRIVE fir) NORTH UPLAND _ DRIVE BUSINESS PARK SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON • • "picnics Alb REFERENCE TO DECLARATION 1 ALL AIN ST THESE PRESENTS that we the udersignned, owners In foi sigoIe amd/or mortgagee of the property shoo, hereby declare this survey cop Ind plans and dedicate the tame for condominium purposes. This plan or any portion thereof shall be restricted by the term of the Declaration filed under Ring County Auditor's File No. end recorded in Volume of Deeds. MN , es recorded this _ day of T111f dedicatlem /G net for public purposes but solely to wt the requirements •f the Horizontal property R Act es provided in the Declaration flied la conjunct hermit Af 41 atn&Ction Oo., nc. 4V 3 /-1142 04" W 114AL DESCKI TION ' Let 4, Op1a 's Tu1w11s idustrial P Pk, eccerd- insy to plat erded in Volume 104 a Plats, pages R, A, 10, to King County. Washington, •Wju! .s • ••••w /.Metr 4 ., ( .,, ACKN0 .L0/INt State of Weshtnpton s.s. County of King )) @1.21.9 46.629 7906160913 -t r CURVE DATA N»PlOVALS Esaminad ad approved this 21.44Y •f AM/ • ins DEPARTMENT OF ASSESSMENTS R of g County - 1ri - - bp0[y Klq my A sseswr RECORDING CERTIFICATE Filed for record at the request of this day of 1111 A.O. at minutes pest N. and recorder to Velum. Conda•fnlufs. Mont , . records of King Carn Wihingtee. DEFARi4ENT OF RECORDS AND ELECTIONS Director Deputy Director 1s 4#s.Pq'.p "AN watimor ARCHITECT'S CERTIFICATE Alb higIVICAT111 i hereby certify that tails Garvey map toed ba plan of UPLAND iVE MISINESS FAKR Is sed upon en actual survey of the above ascribed property, that the courses and distances thorn ere correct. had !het 1 have fully complied with the previsions N the applicable statutes and wt the said plan accurately depicts the locati10 ad the dimensions of units A through J at Wilt t K a to 1 /.. L /e ..L Licen No. n +fig • �• ' Lett State of Washington) s.s. County of King )1 Herbert Jay liftmen, Ming on meth duly sworn, states that he 1s the Registered Architect signing the certificate shave hereon. that he hes examined these plans and survey asp and believes the certificate to be true statement. bolstered Architect Ns. TL TTd lip 04 d t rn to bereave • 1ni. This 1s'te certify that en this S day of Qom, 11111 before •a, the undersigned, a Notary public, pirsoaally appee rr rt Jq,lttmea, DOOR N. Seders, El1e coy Seders, David Masten, Fred S. Jones. president of F.S. Janet Constrwction Co., Enc.,to me known to be the fdtvldwls ugh exuc•ted the within dedication end sckealedged to me that they MINN the tem es their voluntary act and wad for the uses and purposes therein amntlamed. 417 q bed ad efflcla- l ,_.4. seal the day and ea yam first abew rrittM• . 1. • . ary c o s or a • i o s fig on • rr+r resldlnp at _.t.. Y . .r. wer_i.d i • liEET t OF2 F 4 • • z a L NQ� r 19a2� ,�i /7J•7L UPLAND DRIVE BUSINESS ARK - SECTION 26 TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY WASHINGTON - A‘ac 1“4.61. 4.18,44•41. 4044.4•144,06_ •• MARK, .icf.T.11.4 :•17, ..11r _ •• • • ••A ,•••••'•`!'• — - . 7 4TIA - 1*.A*A - PAutAa*AAA •Lor.t•■ • *AFL:eft/ :AKA _ 4.17•C 4.•84. .1.**1•4. camp. 414.8* 460884.. 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I / 10 - 0 ■11 1 1:11111.2* BITTMAN SANDERS HASSON ARCHITECTS ANIS ASSOCIAISS PS A • I • A 486 111,111811.1 • War. 0 • n•A pc.** s•nAns wlelvAre. m ‘4,0 .1.U.,1 6•14.1, • , Am. r.... 4.0.18.41.446.1111* ; --- —4 4.. - a. • •••• Horpt (60•A.1.1) tw.r0 rucco Hafer .i. *AAA AA. *A•M• • o*P *Ire lial• • 0116.4 LArivt.c.Are. , VAKEI-LOU5E, COA01.6( p it if 340 •- 368 °KAM) DR 360- 3/S uPiAND PR 13.5.1A. 0.1c, . . . . . . . . . . . . . . . . . . . • If PARKING STALLS UPLAND DRIVE BUSINESS PARK SCHEDULE BITTMAN SANDERS HASSON ARCHITECTS LANDSCAPE PLAN WAREHOUSE COMPLEX BSH INC