HomeMy WebLinkAbout2017 - Declaration of Covenants, Conditions, Restrictions and Easements for Tukwila Village - City of Tukwila - 20170721000106After recording return to:
CITY OF TUKWILA
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
[1.11
20170721000
COVENANT Rec: $94.00
7/21/2017 11:09 AN!
KING COUNTY, VVA
LUI
06
EXCISE TAX NOT REQUIRED
King Co....Record ision
DepLZy
Grantor:
Grantee:
Legal Description
(abbreviated):
Assessor's Tax
Parcel No.
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR
TUKWILA VILLAGE
1 ST AM
City of Tukwila
City of Tukwila
Parcels A, B, and C, City of Tukwila Parcel Consolidation No. L13-021,
Rec. No. 20150428900001;
Parcel A, City of Tukwila Parcel Consolidation No. L16-0031, Rec. No.
20160629900001, Tukwila, King County Washington
The complete legal description is set forth on Exhibit A
1523049242; 1523049322; 1523049096; 0040000180
TABLE OF CONTENTS
ARTICLE 1. DEFINITIONS 1
ARTICLE 2. ALLOCATED SHARE 4
ARTICLE 3. COMMON AREAS 4
ARTICLE 4. EASEMENTS 5
4.1 Vehicular and Pedestrian Access 5
4.2 Shared Parking 5
4.3 Trash Enclosure 5
4.4 Storm Drainage 5
4.5 Street Lighting 5
4.6 Utilities 5
4.7 Manager Function 5
4.8 Recorded Easements 5
ARTICLE 5. Permitted Uses and Use Restrictions 6
5.1 Permitted Uses 6
5.2 Prohibited Uses 6
5.3 Common Area Uses and Alterations 7
ARTICLE 6. Manager Duties and Obligations 7
6.1 Transferability 7
6.2 Authority of Manager 7
6.3 Maintenance of Common Areas 7
6.4 Maintenance Budget 8
6.5 Limitations Upon Expenditures 9
6.6 Reserve Funds 9
6.7 Voting 9
6.7.1 Number of Votes 9
6.7.2 Meetings, Notices and Quorums 9
6.7.36.7.1 Declarant Approval 9
6.8 No Personal Liability for Decisions 9
6.9 Indemnification of Manager 9
6.10 Arbitration 10
6.11 Manager's Records and Funds 10
6.11.1 Records and Audits 10
6.11.2 Name of Accounts 10
6.11.3 Fund Commingling 10
ARTICLE 7. Assessments I 1
7.1 Owners Obligations 11
7.2 Common Expenses 11
7.3 Commencement of Assessments 11
7.4 Assessment Certificate 11
ARTICLE 8. Rights and Remedies 1 1
8.1 Enforcement 1 1
8.2 Access to Property 12
8.3 Owner Liability 12
Declaration of CC12s (Tukwila Village) 071817 - i -
8.4 Mortgage Liability 12
8.5 Delinquent Assessments 12
8.6 Late Charges 12
8.7 Attorneys' Fees 12
ARTICLE 9. Insurance 13
9.1 Liability Insurance 13
9.2 Property Insurance 13
9.3 Waiver of Subrogation 13
9.4 Indemnity by Owners 13
9.5 Indemnity by Manager 14
ARTICLE 10. Repair of Damage 14
10.1 Definitions 14
10.2 Initial Manager Determinations 14
10.3 Notice of Determinations 15
10.4 Restoration 15
10.5 Manager's Authority 15
10.6 Damage Not Restored 15
ARTICLE 11. Condemnation 15
11.1 Condemnation of Parcels 16
11.2 Manager's Participation 16
ARTICLE 12. Construction and Interpretation 16
12.1 Partial Invalidity 16
12.2 Captions and Exhibits 16
12.3 Adjustments for Inflation 16
12.4 Rule Against Perpetuities 16
12.5 No Waiver of Strict Performance 16
12.6 Delivery of Notice 16
12.7 Declarant Right to Assign 17
12.8 Amendment 17
ARTICLE 13. Effective Date 17
13.1 Effective Date 17
Exhibit A 19
Declaration ofC'CRs (Tukwila Village) 071817 - ii -
DECLARATION OFCOVENANTS,
CONDITIONS AND RESTRICTIONS FOR TUKWILA VILLAGE
THIS DECLARATION is made and executed this l«mday o[July, 2017, by the CITY
OF TUKWILA, a Washington non -charter optional municipal code city ("Declarant").
RECITALS
A. [}ecocuot in the owner of certain real property (the "Property") containing four
separate legal parcels Ake ^]^orcdn`l located in Tukwila, King County, Washington, commonly
known asTukwila Village.
B. The purpose of this I}cc|oruhoo is to establish for the nouk/u| hcnsUt of all
existing and future owners or occupants of the Property, or any portion dbcrco[ certain
cuscnncnts and rights in, over and upon the Property and certain mutually beneficial restrictions
and obligations with respect to the use, occupancy and maintenance thereof in accordance with
Section 2.8E.i. of the Disposition /\grccnncnt. Declarant intends that all Owners, Mortgagees,
occupants, and all other persons acquiring any interest in the Property xhu|\ hold their interest
subject tnthe rights, eoocnuonLs, privileges, restrictions and reservations hereinafter set forth.
NOW, THEREFORE, all of the Property uba| be held, used, conveyed, encumbered,
leased, rented, occupied and improved subject to the following covenants, conditions,
restrictions, uses, limitations, obligations and reservations, all of which are declared and ugnccd
to be deemed to run with the land and bind and benefit the Owners, their successors and assigns,
and any and all persons acquiring n,owning un interest in and toany portion of the Property,
their grantees, successors, heirs, executors, administrators and assigns.
ARTICLE
DEFINITIONS
When used in this Declaration the following terms shall have the following meanings:
1.1 "Access and Shunx] Parking Easement" oncaus the Declaration of Access and
Shared Parking Easements dated May |5,20}5and recorded under King County Recording No.
20150520001082.
12 "Access Roads" means all vehicular access roads constructed on any Parcel which
are not otherwise maintained by any municipality.
1.3 "Allocated Shorc" means the percentage interest uUocakx| to each Parcel under
Article 2 of this Declaration for liability for payment of Common Expenses.
14 "Assessments" nocons all sums chargeable against a Parcel, including, without
Uonbatkxn kA regular and special assessments for Common Expenses; (h) charges and §ncn
collection, including rcusonuh\c attorneys' fees, incurred by the Manager in connection with the
collection ofudelinquent Owner's account.
1.5 "Buildim"means any building mstructure upon any Parcel.
1/5 "Common Areas" rneans all those portions of the Property described in Article 3.
1.7 "Common Expenses" cucuna all expenditures necessary and proper for the
operation, maintenance, repair and replacement ofthe Common Areas.
1.0 ^'Connnnoo Expense Liabilities" nucuns the liability of Parcel for its Allocated
Share nfCommon Expenses.
/.9 "Commons"means the building containing the community center and cafd/coDfee
shop sometimes referred to as the `xConnnnons" located on North Parcel C, consisting of
approximately 4,253 square feet.
1.10 "Declarant" means the City of Tukwila, a Washington uoo-ohudsr optional
municipal code city, and the assignees nfall of the rights nfDeclarant herein.
1.11 "Declaration" means this Declaration as the sarne may be amended from time to
1]2 "Disposition Agreement"mzans that certain Disposition and Development
&grecoueck dated as of October 30, 2012 entered into by and hetv/nto the City of Tukwila and
Tukwila Village Development Associates, l.LC, and amended hythat certain First Amendment
tothe Disposition and Development Agreement dated asnf May |8,2O|5.
1.13 "Development Period" shall nucun the period of time commencing upon the
recording of this Declaration and expiring on the Transition Date, as defined in this Declaration.
1.14 "EuouncutV" means those easements nFthe Property usdefined inArticle 4.
1.15 "Eligible Mortgagee" means the holder ofamortgage onaParcel that has filed
with the Manager u written request that it he given copies of notices of any action by the
Manager that requires the consent of Mortgagee.
)]6 Parcel" means Parcel DofCity ofTukwila Lot Consolidation No. O3-
O2l,recorded under King County Recording No.20/5042890000/.
1.17 "Manager" means the person or entity designated by the Owners to be responsible
for the operation, maintcnanoc, repair and ncp|uccxucnt of the Common Areas. The Manager
may be, but is not required to he, one of the ()vvncro. The initial Manager shall be the Owner of
South Parcel A. The Owners may change the Manager upon the affirmative vote ofOwners
holding at least two thirds (bb.h7Y6)ofthe Total Interest.
1.18 "Mmeans umortgage, deed of trust, security agreement mreal estate
installment sales contract no aPu,cci
1.19 "M00000sthe mortgagee, beneficiary, creditor orvendor iunMortgage,
including the assignees of the interests so held.
1.20 "North Parcel &,means Parcel &ofCity ofTukwila Lot Consolidation No. Ll3-
02l,recorded under King County Recording No. 2O)5042890O00l.
121 "North Parcel B"means Parcel Bof City ofTukwila Lot Consolidation No. D3-
02l,recorded under King County Recording No. 2O\5042D90000l.
122 "North Parcel C``means Parcel CofCity of Tukwila Lot Consolidation No. L13-
02 1, recorded under King County Recording No. 20l50428900O01.
123 ` means any person orentity with possession rights touParcel or to
any portion ofthe improvements constructed nuuParcel, whether asfee simple owner orlessee,
sublessee, licensee, concessionaire, orother right o[occupancy.
124 ^T}wnnr` nncuus the person or persons ho|cUuQ fee simple tb|c to a Pnroc\ of
record, ociothe event any yurod is m)|d under areal estate installment yo1cs contract, the record
vendee o,vcndcco under said contract, including any natural person, corporation, partnership,
limited liability company, association, trustee or other legal entity.
1.25 "Parcel" means, individually, any of North Parcel A, North Parcel B, North Parcel
C, or South Parcel A.
126 "Parcels" means, collectively, North Parcel /\, North Parcel l5` North Parcel C,
and South Parcel A.
1.27 "Plaza" rneans the outdoor plaza on Parcel C, consisting of all of Parcel C except
for (i) the Commons; and (ii) the cafd seating area located north of the Commons.
128 means the land legally described inthe attached Exhibit A and the
easements, rights and uppudcooncom luuuicd on, belonging to or used in connection with such
land, and more commonly known as Tukwila Village.
129 "South Parcel A" means Parcel A o[City n[Tukwila Lot Consolidation No. i|h'
003 1, recorded under King County Recording No. 2016062990000 1.
1.30 "Total Interest" means the sum of each Parcel's Allocated Share.
1.31 "Transition Dube` means the earlier to occur of. kA the date Declarant no longer
owns any of the Parcels; or (b) the du10 Declarant so determines in its sole discretion by
recording nnotice recorded in the real property records ofKin�Coun��, Washington.
Declaration mccx`(Tukwila Village) mmn -3
ARTICLE 2.
ALLOCATED SHARE
The Allocated Share assigned to the Parcels is as follows:
Parcel
Allocated Share
North Parcel A
23/40%
North Parcel 0
26.90%
North Parcel C
0.83Y6
South Parcel /\
48.8196
ARIICUBl
COMMON AREAS
The Common Areas are:
(a) The Access Roads, including the paving and associated curbing;
(b) All sidewalks within the Property;
kJ All public, surface level parking otuUx now orhereafter constructed on any of the
(d) Those portions of the Commons which are designated as "Common Elements" of
"Building U on the Survey Map and Plans for Tukwila Village, a Condominium.
Ui Any "Tukwila Village" noouunneo1 or cntozoccvvoy aignuge, and its proximate
associated landscaping;
(u) All o[the storm drainage outside of1hocxkerio,so[tbc Buildings, excluding any
gutters and downspouts on any Building, but including all pipes, swales, filters, and catch basins;
(h) All storm drainage detention vaults serving North Parcel C o, other portions of
the Common Area;
(i) All lighting for the Access Roads, the Commons, the 9|zru, the sidewalks, and the
Declaration ofCCRs (Tukwila Village) 071817
0) All oh|iLy lines and conduits located outside of the exteriors of the Buildings
which serve more than one Building and are not otherwise maintained by any municipality or
utility company.
ARTlCLE4.
EASEMENTS
4.1 Vehicular and Pedestrian Access. Each Owner (and their respective officers,
agents, employees, guests, customers, \iocmmeep and invitees) shall have: hA a p000mncnt non-
exclusive oascnosnt for vehicular ingress, cgrcaa and access from Tukwila lntorou1ioou|
Boulevard and S. 144"' Street; and (b)upermanent non-exclusive cuucnncut for pedestrian and
vehicular access to use all access roads and sidewalks now orhereafter constructed on any of the
Parcels, as provided inthe Access and Shared Parking Easement.
42 Shared Parking. Each Owner (and their respective officers, agents, employees,
guests, customers, licensees and invitees) shall have n reciprocal, nonexclusive cumcmuut for
shared non-residential parking as provided in the Access and Shared Parking Easement.
4.3 Trash Enclosure. Each Owner (and their respective officers, agents, employees,
guests, customers, licensees and invitees) shall have ureciprocal, nonexclusive easement to
access and use the trash enclosure located on Parcel /\, as provided in the Access and Shared
Parking Easement.
4'4 Storm Drainage. Each Owner (and their respective officers, agents,
guests, customers, |kznoeco and invitees) ohoJ| have easements for the installation, use,
maintenance, repair, alteration, replacement, relocation and /cmnvu\ of storm drains, pipes,
svvu|cauod uo1ob basins located on any ofthe Parcels.
4.5 Street Lighting. Each Owner (and their respective officers, agents, employees,
guests, ouyk»nncrs, licensees and invitees) shall have cuxoonerts for the installation, use,
maintenance, ccpuic replacement, relocation and ocnnovu| of exterior lighting for the Access
Roads, the Commons, the Plaza, the sidewalks, and the public, surface level parking stalls onall
of the Parcels.
4.6 Utilities. Except for areas occupied or to be occupied by any Building, the
Declarant shall have authority during the Development period N grant utility easements,
licenses, and permits upon, over, under and across portions of the y,npcdy as reasonably
necessary for the use, improvement, operation, maintenance and repair of the Property and
improvements thereon.
4.7 Manager Functions. Tothe extent not otherwise created in this Declaration, there
is hereby reserved to the Manu�ersuoh euseoocnin as are necessary for the Manager to per[hnnits duties and obligations as set forth in this Declaration.
4.8 Recorded Easements. Each Parcel shall be sukicct to any other easements of
record as of the date this Declaration is recorded.
Declaration orccxs(I'Lix"/aVillage) m/mr -5'
ARTICLE 5.
PERMITTED USES AND USE RESTRICTIONS
5.1 Permitted Uses. During the term of this Declaration, each Parcel shall be used
exclusively for the uxcn and purposes provided for in this Section, and such auoU|ucy puq`oaoo as
are reasonably required therefor, subject to oonop|iuuco with the dzcu-uppiicah|c zoning
requirements ofthe Tukwila Municipal Code:
u- North Parcel A. North Parcel A may he used only for the following uses:
(i) multi -family residential ccoto| housing, with at least eighty percent (80%)
of units designated for seniors; (ii) retail uses; (iii) office uses; and (iv) live-
work
h. North Parcel B. North Parcel B may be used only for the following uses:
(i) onu\d-fhmih/ residential rental housing, with at least eighty percent (80Y6)
ofunits designated for seniors; (ii) retail uses; (iii)office uses; and (iv) live-
work
o. North Parcel C. North Parcel Cmay hcused only for the following uses: (i)a
public amenity, featuring the Commons and the Plaza, and serving uvariety of
uxccn including ccsidcnhu|` retail and c0000ucncia| b:oonLs, visitors, and
members of the general public; and (ii)retail uses.
d. South Parcel A. South Parcel A may be used only for the following uses: (i)
multi -family residential ncotu| housing for low -to -moderate income seniors;
(ii) retail uses; (iii) office uses; and (iv) a police neighborhood ,csoocoe
center.
52 Prohibited Uses. Notwithstanding the provisions of Section 5.1 to the contrary,
the Property shall not heused for any industrial, manufacturing, or warehousing uses, nor shall
the Property heused for any ofthe following (the "Prohibited Nncs"): (i) any use which emits or
results in strong, unusual or offensive odors, fumes, dust or vapors; (ii) any operation primarily
used as u storage facility and any assembling, manufacturing, distilling, refining, ynncbinA,
auriuu\turu|, or mining operation; (iii) any "second hund" ntnnc or "surplus" store; (iv) any
nonhi|c home park, trailer court, |uho, camp, or junkyard; (v) any dunnping, disposing,
incineration, or reduction of garbage (exclusive of trash containers located near the rear o[any
Building and the trash cndooucc located on Parcel /\); (vi) any fire sale, bankruptcy so|c (unless
pursuant toucourt nnjch, auction house operation, fictitious going -out -of -business xo|c, lost -
our -lease no|e or similarly advertised event; (vii) any central laundry, dry cleaning plant, or
|uundronoa1; /viii\ any automobile, truck, trailer, bout, or recreational vehicle sales, leasing,
display or body shop repair operation; (ix) any animal raising or hounding facilities; (x) any
mortuary or funeral home; (xi) any adult book -store or pornographic use; (xii) any nn'cu||cd
^^hcud shop", or other establishment primarily selling or exhibiting drug -related punaphcnou|iu;
(xiii) any flea market; (xiv)any gambling facility oroperation, including but not limited to: off-
track
poker/black-jack/keno machines or similar devices; or bingo hall; (xv) any pawn shop, gun shop,
or tattoo parlor; (xvi) any car wash, automobile repair shop, or any business servicing motor
vehicles in any respect, including, without limitation, any quick lube oil change service, tire
center or gasoline or service station or facility; or (xvii) any unlawful use.
5.3 Common Area Uses. Except for the permitted use of the easements granted in
this Declaration or in any other easements of record as of the date this Declaration, as the same
may be amended, the Common Areas shall be used only for purposes which are incidental to the
use of the Parcels.
ARTICLE 6.
MANAGER DUTIES AND OBLIGATIONS
6.1 Transferability. The obligations of each Owner under this Declaration are
appurtenant to the Parcel, and shall not be assigned, transferred, pledged, hypothecated,
conveyed or alienated in any way except upon the transfer of record title to said Parcel and then
only to the transferee of record title to such Parcel. Any attempt to make a prohibited transfer
shall be void. Any transfer of record title to a Parcel shall operate automatically to transfer the
rights, duties and obligations under this Declaration to the new Owner thereof.
6.2 Authority of Manager. The Manager, for the benefit of the Owners, shall have
all powers and authority permitted to the Manager under and subject to this Declaration,
including any other powers necessary and proper for the accomplishment of the Managers duties
and responsibilities herein.
6.3 Maintenance of Common Areas. The Manager shall maintain all of the Common
Areas in good condition and repair. Manager's maintenance obligations hereunder shall include,
without limitation, the following:
6.3.1 Perform all obligations of the "Lead Owner" under the Access and Shared
Parking Easement.
6.3.2 Periodically remove papers, debris, filth, and refuse, and wash or
thoroughly sweep to the extent reasonably necessary to keep the Common Areas in a
neat, clean and orderly condition.
6.3.3 Provide electricity and landscape irrigation to the Common Areas.
6.3.4 Operate, keep in repair and replace all Common Area lighting facilities,
including light standards, wires, conduits, lamps, bulbs, ballasts and lenses, time
clocks and circuit breakers and, when the Owners agree the then existing system has
become inadequate or obsolete by then current standards, replacing the Common
Area lighting systems.
6.3.5 Keep the Common Area well lit during all hours of darkness.
Declaration ofCCRs (Tukwila Village) 071817 - 7 -
0].0 Maintain, repair, repave, and resurface the &oocns Roads, all sidewalks,
walkways, curbs, islands orother paved surfaces within the Property, and all public,
surface level parking otu||n located on the Property so as to maintain them in good,
smooth and evenly covered condition with the type of surfacing material and striping
originally installed or nuch substitute therefor as sbuU in all respects he equal in
quality, use and durability, and ,csLripc parking areas and drive aisles asnecessary to
maintain parking space designations and truOio direction, and keep clearly marked
fire lanes, loading zones, no parking areas and pedestrian cross -walks.
6.3.7 Remove snow and ice and apply salt osnecessary.
0.3.8 Maintain, repairaud replace landscape plantings, trees and ubn/ho within
the Common Area in an attractive and healthy condition, trimmed and weed -free.
6.3.9 Maintain, repair and replace irrigation systems.
6.3.10 Maintain, repair and replace the utility lines and conduits which are part of
the Common Areas and not otherwise maintained by any municipality or utility
6.3.11 Maintain, repairund ccphaoc all Common Area signs, sign lighting, and
any necessary appropriate directional signs, markers and lines.
6'4 Muiob:ouncc Budget. At least thirty (30) days prior to the beginning of each
calendar year, the Manager obu|| submit to the (}vvnccs u proposed budget setting forth the
osdnoutcd Con`nnuo Expenses for the ensuing cu|oudac year (the ^^pnuponcd Maintenance
Budget"). The Proposed Maintenance Budget ohuU include the Library Pu,re1`nAllocated Sbucc
Linder the Aoocsx and 8bun:d Parking Easement. The Owners shall ddhc, approve the Proposed
Maintenance Budget or adopt any modifications thereto an may be approved in p/hdnQ by
()wncn holding at least two thirds (66.6796) of the Total )nioccot` and the same shall be the
"Approved Maintenance BudgeL" The (}vvneo shall pay the Manager in tvvo\vc (12) equal
monthly iuuta|\nucnty on the first day of each calendar month, their Allocated 9burc of the
estimated Common Expenses based upon the estimates in the Approved Maintenance Budget.
Within ninety (90) days after the end of each calendar year, the K4unugec xbo|\ provide the
()vvnco with a certified statement setting forth the uutuu| Common Expenses paid by the
Manager during the previous calendar year and each [)vvncr`o /\||ooa1cd Share of the Common
Expenses. The Manager shall keep its books ofaccounts and records concerning such actual
costs o[the Common Expenses in accordance with generally accepted accounting principles and
shall maintain all such hooks and records for umininnuno of five (5) years. If the amount paid by
the Owner o[any Parcel shall have exceeded its &||ooaicd Share, the Manager shall refund the
excess to such Owner within thirty (30) days after ouch certified statement is delivered or, if the
amount paid by an Owner for Such calendar year is less than its Allocated Share, such Owner
sbu|| pay the balance of its Allocated Shun: to the Manager within thirty (30) days after receipt of
such certified stutcrncnL Within threc(3) years after receipt ofucertified staienucnL each Owner
shall have the right to audit the Manager's hooks and records pertaining to the Common
oouumon ^/ccxs(Tukwila Village) m/m7 -8-
Expenses for the calendar year covered by such certified statement. In the event that such audit
discloses any error in the determination of the actual Common Expenses, the Manager shall
refund to such Owner the excess amount paid by such Owner (if any) for such calendar year
within thirty (30) days following receipt of the results of such audit or, if the amount paid by an
Owner for such calendar year is less than its Allocated Share, such Owner shall pay the unpaid
balance of its Allocated Share to Manager within thirty (30) days following receipt of the results
of such audit. If the audit discloses a discrepancy which results in an owner having overpaid its
Allocated Share of Common Expenses by more than five percent (5.00%), Manager shall pay the
reasonable costs of the audit; otherwise the applicable Owner shall pay the costs of the audit.
6.5 Limitations upon Expenditures. The Manager shall have no authority to make
any expenditure which exceeds the amount in the Approved Maintenance Budget by more than
ten percent (10%) without first obtaining the written consent of Owners holding at least two
thirds (66.67%) of the Total Interest.
6.6 Reserve Funds. In establishing the Approved Maintenance Budget, the Owners
may elect to make provision for creating, funding and maintaining reasonable reserves for
contingencies and operations and for the operation, maintenance, repair, replacement and
acquisition of Easements and Common Areas and may take into account any expected income
and any surplus available from the prior year's operating fund.
6.7 Voting.
6.7.1 Voting Power. Each Owner shall have a vote equal to the Allocated
Share for such Owner's Parcel, and the Total Interest for voting purposes shall be the sum
of all Parcels' Allocated Shares.
6.7.2 Meetings, Notices and Quoroms. Any annual and special meetings of the
Owners, and all procedures therefor, including required notices and quorums, and the
means by which votes shall be cast and recognized, including voting by proxy or written
consent, shall be as provided in written procedures approved in writing by Owners
holding at least two thirds (66.67%) of the Total Interest.
6.7.3 Declarant Approval. Notwithstanding the foregoing, during the
Development Period, no decision or course of action may be approved by the Owners
without the written approval of the Declarant.
6.8 No Personal Liability for Decisions. So long as the Manager has acted in good
faith, without gross negligence or willful or intentional misconduct, upon the basis of such
information as may be possessed by such person, the Manager shall not be personally liable to
any Owner, or other party, for any damage, loss or prejudice suffered or claimed on account of
any act, omission, error, negligence (except gross negligence), decision, or failure to make a
decision.
6.9 Indemnification of Manager. Each Owner agrees to indemnify the Manager for
such Owner's Allocated Share of all expenses and liabilities, including attorneys fees, reasonably
Declaration ofCCRs (Tukwila Village) 071817 - 9 -
incurred or imposed by the Manager in connection with any claim or proceeding brought by u
third party and arising out of the Manager's good faith performance of its duties and
responsibilities under this Doo|uot(nn, except to the extent such duinn or proceeding arising out
ofthe bad faith, gross negligence orwillful orintentional misconduct of the Manager.
6.10 Arbitration. In the event of dispute among the Owners and/or the Manager
which cannot be resolved through the voting procedures provided for under the Declaration or by
mere compliance with the provisions o[the [)ec}uokioo, such dispute shall be determined by an
arbitrator in an arbitration proceeding unless (a) the remedy sought is not available in arbitration,
(h)any person reasonably necessary for acomplete adjudication of the disputed issues cannot bc
compelled to join the arbitration ur(c)the matter involves u foreclosure of any Mortgage, or(d)
the amount iudispute exceeds $l00,000. Such proceeding shall heconducted aoexpeditiously as
possible and in accordance with the rules of the American Arbitration Association. The
arbitrator shall be appointed with the uppnuvu| of Owners holding at least two thirds (66.07Y6)of
the Total Interest; provided, however, if no such arbitrator is so appointed or approved, then any
Owner may cause the appointment ofuo arbitrator by appropriate petition to any Superior Court
having jurisdiction of the p,npcuy. Such arbitrator shall be neutral and independent and be an
attorney licensed to practice law in the State of Washington and have rousnoab(c prior
experience. All of the costs associated with the arbitration proceeding shall be shared equally by
the Owners involved; provided, however, the legal fees of any attorney retained by an individual
Owner shall be paid by such (Jvvncc The ruling ofthe arbitrator shall he consistent with the
Declaration, but otherwise shall hcfinal and binding upon the Owners.
6.11Manager's Records and Funds.
6]1.1 Records and Audits. The Manager shall keep financial records and retain
current copies of the Declaration and all of the s books and records in
connection with its duties and obligations under this Declaration. All financial and other
rcono1u, including, but not limited to, checks, bank records and invoices, shall be noudo
available for examination and copying by any Owner, u(}"/ncc'a authorized ngouto and
all Mortgagees during nonnu| business hours. At least annually, the Muougc/ obo||
prepare, or cause to he prepared, an accounting of all the Common Expenses in
accordance with generally accepted accounting principles.
6]12 Operating Account. The Manager shall establish a separate operating
account under the narne of the Manager ("Operating Account"). All contributions hrorn
()vvncrs ohu\| be deposited into the Operating Account, and all expenditures made by
Manager in connection with the Common Expenses shall be nuudc fronn the []pccubng
Account.
6.11.3 Fund Commingling. Manager shall not cnmming|cthe funds deposited hv
Owners into the Operating Account with the funds of Manager or any other association or
ARTICLB7.
ASSESSMENTS
7.1 Owners' Obligations. Each Owner shall hcobligated tnpay its Allocated Share of
Common Fxnunocn and special oburgcn made pursuant to this Declaration in equal monthly
inmLu\|nocuts on or before the first day of each month during such year, or in such other
reasonable manner asthe Manager shall designate. No Owner may exempt itself from liability
for payment of assessments for any reason, including p/uivnc of use or enjoyment of any of the
Easements orCommon Areas nrabandonment ofthe Owner's Parcel.
72 Common Expenses. Common Expenses shall include:
bA Expenses of operation, maintenance, repair and ren/oosmcot of the
Common Areas;
(h) Bills for any mb|it« services furnished to the Common Areas or to Parcels
that are not separately metered, including irrigation of the landscaping;
(c) Any general operating reserve established by the Owners from time to
(d) Ilesen'cm for replacements and deferred maintenance established by the
Owners from time to time;
(e) Any deficit inCommon Expenses for any prior period; and
(f) Any other items properly chargeable as expenses of the Manager.
7.3 Commencement ofAssessments. Assessments for each Parcel shall commence
upon the IJcc|uruut's conveyance of such Parcel to u person other than a Declarant. No
/\secosnocotm mbd\ be payable on any Parcel ovvnoj by [)co]urunt. &Dcr /\oacsou)cnto have
connnzeuucd for all Parcels, and except as otherwise provided in this [)culuotioo, Aoscxsnornto
must be onudu against all Pu,oc|m based on their Allocated Share of Common Expense Liability
and the Approved Maintenance Budget.
74 Assessment Certificate. The MunuAcc upon written request, xhuJ| furnish to u
Owner and, ifapplicable, to its Mortgagee, ustatcnucnt signed by an officer nrauthorized agent
of the K4unoQcr setting forth the amount of unpaid Assessments against that Parcel. The
statement ohu|| be furnished within fifteen (15) days uRerncceipt nfthc request.
ARTICLE8.
RIGHTS AND REMEDIES
Q.| Enforcement. Each {}vvncr and the Manager shall comply strictly with the
provisions ofthis Declaration. Failure tocomply xhoU be grounds for an action to rcoovcrsunns
due for damages, o, injunctive relief, or both, maintainable by the aggrieved party (including onOwner or the Manager) against the party (including an Owner or the Manager) failing to comply.
82 Access to Property. The Manager and its agents or employees may enter any
Parcel when ouueooncy in connection with any maintenance, landscaping or construction for
which the Manager isresponsible orinthe event of emergencies. Such entry shall bumade with
as little inconvenience to the (}vvnnrs o, ()soupunb as practicable, and any dnrnogc caused
thereby shall be repaired by the Manager and paid for as a Common Expense if the entry was due
to an emergency, or for the purpose of maintenance or repairs to Easements or Common /\ncas
where the ccpuicn were undertaken by or under the direction or authority of the Manager;
provided, if the repairs or :nuintcnuoue were necessitated by or for the Parcel entered or its
Owners, or requested by its Owners, the costs thereof shall be specially charged to such Parcel.
Q] Owner Liability. Each Assessment shall be the joint and several obligation of the
Owner orOwners ofthe Parcel to which the sornc are ouxcsscd as nfthe time the Assessment is
due. Following a voluntary conveyance of Parcel the grantee thereof shall be jointly and
severally )iub\c with the grantor for all unpaid Assessments against the lu1b:r up to the time of the
grantor's conveyance, without prejudice to the grantee's right to recover from the grantor the
unuouotx paid by the grantee therefor.
84 Mortgagee ljahUbv The holder of Mortgage or other purchaser of a Parcel
vvbicb obtains the right of possession of the Parcel through foreclosure shall not be liable for
/\sxossnocnto or installments tbccco[ that hcounnc due prior to such hobt of possession.
Foreclosure n[aMortgage does not relieve the prior Owner ofpersonal liability for Assessments
accruing against the Parcel prior tothe date of such oa}c as provided in this section.
8.5 Delinquent Assessments. As long as Assessments on any Parcel remain
delinquent, the defaulting ()vvoc, shall not be entitled to vote on any rnutkr under this
[lcdacutiou, and for purposes ofany vote taken during such period, the Total Interest shall be
reduced toexclude the Allocated Share o[the defaulting Owner. lfthe defaulting Owner ixalso
the Manager, the right of the Manager to collect Assessments from the other (}vvoccy ybul| be
suspended until such tirne as the defaulting Owner's Assessments are no longer delinquent.
8.0 Late Charges. The Owners may from time to time establish reasonable |utc
charges and u rate of interest to he charged on all subsequent delinquent Assessments or
installments thereof. In the absence o[another established rate, delinquent /\nsenonocnts shall
bear interest from the date of delinquency at the rate of twelve percent (12%) per annum.
87 Attorneys' Fees. The prevailing party shall be entitled to recover any costs and
reasonable attorneys' fees incurred in connection with the enforcement of this Declaration,
including the ro||cobon of delinquent Assessments, whether or not such collection uohvidcs
result in suit being commenced or prosecuted to judgnnenL In addition, the prevailing party shall
be entitled to recover costs and reasonable attorneys' fees if it prevails on appeal and in the
enforcement o[u'udgnocnL
Declaration accn,(Tukwila Village) mmn 12
ARTICLE 9.
INSURANCE
9.1 Liability Insurance. Each Owner, at its sole expense, shall obtain and
continuously maintain commercial general liability insurance with respect to claims arising in
connection with such Owner's Parcel (including any Common Area located thereon), including
without limitation, contractual liability coverage insuring, among other things, the Owner's
indemnity obligations under this Declaration. Such insurance shall be written with a reputable
insurer licensed to do business in the State of Washington. The limits of liability of such
insurance will be no less than Two Million Dollars ($2,000,000.00) per occurrence covering
claims for injury to person, loss of life, and damage to property and no less than Five Million
Dollars ($5,000,000.00) covering such claims in the aggregate during any policy year. The
above limits may be achieved through a combination of underlying and excess or umbrella
policies. Policies of commercial general liability insurance maintained by or on behalf of each
Owner shall name all other Owners and the Manager as additional insureds, and each of then
shall, upon written request of any Owner or Manager, furnish certificates of such insurance or
other satisfactory evidence of such insurance at any time during the term hereof.
9.2 Property Insurance. Each Owner shall maintain commercial property coverage
insurance on all improvements located on such Owner's Parcel, including any Common Area
improvements. Such insurance policies shall be written on a commercially reasonable policy
form, with a reputable insurer licensed to do business in the State of Washington, have a policy
limit with respect to the Common Area improvements equal to their replacement cost, shall be
issued with "Replacement Cost" valuation, and a deductible with respect to the Common Area
property and improvements that is no greater than $10,000. In the event of an insured loss to the
Common Area property and improvements, all indemnification and/or compensation for damage
to Common Area property improvements shall be payable by the insurance carrier directly to the
Manager and used by the Manager to repair and restore such Common Area property.
9.3 Waiver of Subrogation. No Owner, Occupant or Manager shall be liable to
another Owner, Occupant or Manager, or to any insurance company (by way of subrogation or
otherwise) for any loss or damage to the Common Area or a building or facility or structure, even
though such loss or damage might have been occasioned by the act or negligence of such Owner,
Occupant or Manager, if and to the extent such loss or damage is covered by an insurance policy
maintained by such Owner, Occupant or Manager.
9.4 Indemnity by Owners. Each Owner ("Indemnitor") shall indemnify, defend,
protect and hold harmless each and all other Owners and the Manager (each such party, the
"Indemnified Party") from and against any and all claims, demands, causes of action or
judgments, loss, and all reasonable cost and expense (including all reasonable expenses incurred
in investigating or resisting the same, such as reasonable attorneys' fees and court costs) for
injury to person, loss of life or damage to property ("Claims and Damages"):
(a) arising out of or resulting from any construction activities in the Property
performed by or at the request of the Indemnitor, except if caused by the sole
Declaration of CCRs (Tukwila Village) 071817 - 13 -
negligence or willful act or omission by the Indemnified Party or its employees,
contractors or agents; or;
(b) arising Out nforresulting fronnoccurrences onthe bndemnkor's Parcel, but
excluding Claims and [annuAex to the csb:ot arising nut of or resulting from
occurrences caused by the negligence orwillful act nrnnnisoioo in whole o, in
part of the Indemnified Party, or its invitees, employees, contractors or agents;
kJ mhxipQ out of the sole negligence o, vvi|lfb| act or omission of the
Dodcmnbororthe Occupant(s) of the lodcmnkor's or the cnop|oyccs
contractors, or agents of the lndcnuodor or Occupant(s) of the |ndcmniiore
9.5 Indemnity by Manager. The Manager shall indemnify, defend, protect and hold
harmless each of the Owners and each Occupant (each such Owner and Occupant is referred to
severally in this Section as the "Indemnified Party") from and against any and all Claims and
[)ncnaQcs arising out of or resulting from the gross negligence or willful or intentional
misconduct of the Manager in the performance of its obligations hereunder, except to the extent
caused by the negligence or willful misconduct of the lodcnonificd Party or its employees,
contractors or agents.
ARTICLE l0.
REPAIR 0FSIGNIFICANT DAMAGE
10.1 Definitions. As used in this /\rdc|c, the tcun "Damage" roeuon damage or
destruction, vvbctbcr o, not caused by casualty, to any part of the Conunonn /\reuu that the
Manager is responsible to maintain or repair for which funds are not avui|uh1c in the Approved
Maintenance Budget to make timely repairs. As used in this Article, the term "Repair" means to
repair, reconstruct, rebuild orrestore the improvement which suffered [}annuAe to substantially
the sunnc condition in which they existed prior to the dunuugc or destruction. As used in this
Article, the term "Emergency Work" means the work the Manager deems reasonably necessary
to avoid further damage, destruction or substantial diminution in value to the improvements and
to reasonably protect the Owners from liability arising out ofthe condition of the Property.
10.2 Initial Manager Determinations. /n the event of Damage to any part of the
Common Area, the Manager shall promptly, and in all events within thirty (30) days after the
date of Darnage, or, if the Darnage did not occur at a particular identifiable tirne, after the date of
its discovery, nnukc the following determinations with respect thereto employing such advice as
the Manager deems advisable:
(a) The nature and extent of theCarnuge, together with an inventory of the
improvements and property directly affected thereby;
(h) A reasonably re|iuh|c estimate of the cost to Repair the Damage, which
estimate shall, if reasonably practicable, he based upon u finn bid obtained frnn/ u
responsible contractor;
Declaration "/ccm(nm.~mVillage) nnmr /4
(c) The anticipated insurance proceeds,if any, to beavailable from insurance
covering the loss based onthe amount paid orinitially offered bythe insurer;
/d\ The amount, if any, that the estimated cost of Repair exceeds the
anticipated insurance proceeds therefor and the amount ofAssessment toeach Parcel if
such cxocos was paid as aCoonnuon Expense and specially assessed against all the Punoc\o
in proportion to their Allocated Share in the Common Areas; and
(e) Whether such [)unmugcshould heRepaired.
10.3 Notice ofDeterminations. The Manager shall promptly, and in all events within
thirty (30) days after the date of Damage, provide each Owner with u written notice summarizing
the Manager's initial determination. If the Manager fails to do so within said thirty (30) days,
tbco any Owner or Mortgagee may noukc the detcnnioution required under this section and give
the notice required under this section.
10,4 Restoration. lnthe event insurance proceedsare available toRepair the IJuonugc,
the Manager oboJ{ promptly Repair the Damage unless (a) Repair would be illegal under any
state or local bcu|d` or safety statute orordinance; or(h) seventy-five peroeot(75Y&) of the Total
lotcrcot votes not to Repair. Even if the I)unnugc is not to be Repaired, the Manager ohu|| still
have authority to pccfhrnl Emergency Work. The cost ofRepair and Emergency Work in excess
ofinsurance proceeds and reserves shall hcuCommon Expense.
10.5 Manager's Authority. Without limiting the rights and powers of the Manager
gcuccul|y, ifany damage tothe Common Area is to be Repaired by the Monoger, the Manager
shall have the authority to employ architects and attorneys, advertise for bids, let contracts to
contractors and others, and totake Such other action usthe Manager reasonably determines tohc
necessary to effectuate the Repair. The Manager may authorize the insurance carrier to proceed
with Repair upon Manager's reasonable satisfaction that such work will hcappropriately carried
out. Manager may enter into u written agreement with any reputable Onunuiu| institution or trust
or escrow company to engage sucb fimo or institution to act as an insurance trustee io adjust and
settle any c|uino for |oou in excess of Fifty Thousand Dollars ($50,000), or for such firm or
institution to collect the insurance proceeds and carry out the provisions o[this Article.
10.6 Damage not Restored. If all or any portion of the damaged portions of the
Cononoou Areas are not Repaired (u) the insurance proceeds attributable to the dannaged
Common Areas shall be used torestore the dumagujuo:u; (h)tbc insurance proceeds attributable
to Parcels vvbioh are not Repaired shall he distributed to the [)vvncm of those Parcels, or to
|ionho|dcrx, as their interests may appear; and (o) the remainder of the proceeds shall be
distributed to all the Owners or )icnho|dco, as their interests may appear, in proportion to their
respective Common Expense Liabilities.
ARTICLE |\.
CONDEMNATION
Declaration vrccx,(»ikw/nVillage) mmn 15
l|.l Condemnation of Parcels. Each Owner shall he entitled k>the award made for
any cnndcu)oa1imm of its Parcel, including any portion of the Common Areas vvbicb are |nootcd
oosuch Owner's Parcel.
112 s Participation. Unless the affected Owners decide otherwise in n
particular case, the Manager may be a party to any proceedings, negotiations, octt\cnucnts or
agreements regarding a condemnation of any part of the Common Areas.
&RTICLGl2.
CONSTRUCTION AND INTERPRETATION
12.1 Partial Invalidity. If any term, covenant, condition, restriction o, reservation
contained in this [lcc|urutiou should he held to be unenforceable or invalid by any court of
onnopetcot jurisdiction, such holding ybuU not invalidate this L)eo|uotiou and nhoU he limited to
the extent practicable tothe provision so invalidated.
122 Captions and Exhibits. Captions given k/the various Articles and sections herein
are for convenience only and are not intended to modify oraffect the meaning ofany nfthe
substantive provisions hereof. The exhibits referred in herein and attached bcm:Lo sbui\ he
deemed incorporated herein by reference as though fully set forth where such reference is made.
12.3 Adjustments for loOodon. Any dollar amounts specified in this TJcc|u,utkoo in
connection with any proposed action or decision of the Manager may, in the discretion of the
Manager, be increased proportionately by the increase in the consumer price index for the City of
Seattle, Washington for All Urban Consumers, prepared by the United 8to1ex Dcpnnnncot of
Labor to adjust for any changes in the value of the dollar uMcc the effective date of this
Declaration.
12.4 Rule Against Perpetuities. The rule against perpetuities may not be applied to
defeat any provision of this Declaration.
12.5 No Waiver ofStrict Performance. The failure ofthe Manager ioany one ormore
instances to insist upon the strict performance of this Declaration, or to exercise any right or
option contained in such documents, or to serve any notice or to institute any action, shall not he
construed as u waiver or u relinquishment for the [utupc of such term, covenant, condition,
restriction or reservation, but such term, covenant, condition, restriction or reservation shu!l
remain in full force and effect. The receipt by the Manager o[any delinquent Assessment from
an Owner, with knowledge ofany Such breach shall not he dccnncd owaiver ofsuch breach, and
no waiver hythe Manager nfany provision hereof shall be dccnncd to have been made unless
expressed inwriting and signed bythe Manager.
12.6 Delivery of Notice. Any notice permitted or required to be delivered under the
provisions of this Declaration may bedelivered either personally orbvmail. If delivery is made
by mail, any such notice shall be deemed to have been delivered twenty-four(24) hours after
copy has been deposited in the United States muiLpostage prepaid, hyfirst class mail, addressed
to the person entitled to such notice at the most recent address given by suuh person to the
Manager. Ifooother nnui|ing,address has been given to the Manager by any ofthe persons no
entitled, notice iothe Owner ofany Parcel ahoJ| he sufficient if mailed k)the mailing address of
record for such Parcel according to the King County Assessor. Mailing addresses may be
changed from time tohouchyu1 least fifteen (15) days' prior written notice to the Manager.
12.7 Declarant Right to Assign. The Declarant may assign any and all ofits rights,
powers, obligations, privileges, and interest under this Declaration to any other person or entity,
and in such case any such successor or assignee may exercise and enjoy such rights, powers,
privileges and interest and shall be responsible for such obligations to the nuoue extent as
[)cc|urunt would have been had such assignment not been made.
12.8 Amendment. This Declaration may bemnended only by an instrument signed by
one hundred percent (1O0%)ofthe Total Interest. Any amendment must be recorded in the real
property records of King County, VYnshio§¢oo. Notwithstanding the foregoing, for n period of
forty (40) ycum from the date this Declaration is ccoonJcd, no uoueudnocnt to this Declaration
shall be effective unless it is also signed by an authorized representative of the City of Tukwila.
ARTCLEl3.
EFFECTIVE DATE
13.1 Effective Date. This Declaration shall take effect upon recording.
IN W|7IuBSS WBOBf0E(]P, Declarant has caused this Declaration tohe executed as of the
day and year first set forth above.
Declarant: CITY (JPTl]KVV{LA`Washington non -charter optional
municipal code city
By:
Name: Allan Ekberg
Title: Mayor
Approved as to form:
ACKNOWLEDGMENT
STATE (}FVYA8B0NGTON \
)ms.
COUNTY OF KING
IHEREBY CERTIFY that onthis 11n~dayo[July, 2O}7,before me, the undersigned, u
notary public in and for the State of Washington, duly commissioned and sworn, personally
appeared A||uu Ekberg, to me known to be the Mayor of the CITY OF TU}{WlLA, a
Washington non -charter optional municipal code city, the municipal code city that executed the
within and foregoing instrument, and acknowledged the said instrument to he the free and
voluntary act and deed of said municipal ondc city for the uses and purposes therein nucudoued,
and on nutb stated that hcnrshe was authorized to execute said instrument onbehalf ofsaid
municipal code city.
WITNESS my hand and official seal the day and year certificate first above written.
/
Name)
Residing at, ����� m\Q
My appointment expires
EXHIBIT A
LEGAL DESCRIPTION
PARCELS A, B AND C OF CITY OF TUKWILA LOT CONSOLIDATION NO. L13-021,
ACCORDING TO THAT LOT CONSOLIDATION RECORDED UNDER RECORDING NO.
20150428900001, IN KING COUNTY, WASHINGTON.
PARCEL A OF CITY OF TUKWILA LOT CONSOLIDATION NO. L16-031, ACCORDING
TO THAT LOT CONSOLIDATION RECORDED UNDER RECORDING NO.
20160629900001, WHICH WAS AMENDED UNDER RECORDING NO. 20160809900003,
IN KING COUNTY, WASHINGTON.
Declaration ofCCRs (Tukwila Village) 071817 - 19 -