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Final Plat Review~~~ THE p ~~ YELM WASHINGTON City of Yelm STAFF REPORT To: Mayor Ron Harding Yelm City Council From: Tami Merriman, Assistant Planner Date: February 27, 2006 (for March 8, 2006 City Council Meeting) Subj: Okridge Final Plat Recommendation Approve the final plat for Oakridge, SUB-04-0148-YL. Background The Yelm Hearing Examiner approved, with conditions, a preliminary plat for the above referenced project on February 10, 2005. The project has finished construction, and the applicant has filed a complete application for final plat. Current Situation Staff has reviewed the plat for compliance with the conditions of approval placed on the preliminary plat. Staff is satisfied that the final plat meets all conditions of the preliminary approval. Page 1 of 1 r SKILLINGS ~`Q FFB c~% z ~„_ ~' -v~~ CONNOLLY 5016 Lacey Boulevard S.E., Lacey, WA 98503 LETTER OF TRANSMITTAL (360)491-3399 1-800-454-7545 Fax (360)491-3857 skillings@skillings.com www.skillings.com To: Tami Merriman, Assistant Planner City of Yelm P.O. Box 479 Yelm, WA 98597 ATTN: Date: 2-20-06 Project Number: Sun-04-0148-YL (SC04017) RE: Final Plat Revisions WE ARE SENDING YOU THE FOLLOWING ITEMS: COPIES DATE DESCRIPTION 4 2-20-06 18x24" Plat ma s 1 2-20-06 11x17" Plat Ma s 1 2-20-06 Marked red lilnes 1 2-20-06 Lot Clusures 1 2-20-06 Storm Maintenance Manual THESE ARE TRANSMITTED ^ For your ^ For action ®For review ^ For your use ^ As requested information specified below and comment REMARKS: City of Yelm red line comments: 1. Tracts note was revised per city comment. 2. Mitigation fee is changed to $757.50 3. Road name is revised from Breenbrier to Greenbrier. 4. Right of way is corrected on Oakridge Ct. SE. 5. Conditions on Sheet 2 are corrected showing Lot access requirements. 6. The future connection is added to map. 7. The 1'strip along Middle Rd. is going to remain an easement per conversations with Jim Gibson. 8. The text Tract 8 and Tract 7 is changed to show dotted text. 9. Notes are added for Tract A and Tract B as requested. 10. A curve table is shown on sheet 3. E. True & Associates Land Surveying red line comments: 1. The dedication note is updated. 2. The corporate seal for the Bank is updated. 3. The Auditor's index box is corrected. 4. The alignment of Richmont Ct SE has been examined and is correct. 5. Text is corrected to show the correct height. 6. Information for the property boundary is added for clarification. 7. The station tick marks are removed. 8. A revised packet with lot closures are enclosed. 9. The annotations along boundary is included per red lines. 10. The Tracts note has been revised to grant easements over the entire Tracts. This eliminates the need For specific access. 11. A curve table is added to sheet three and reference on sheet two. Assessor's comments: 1. Breenbriar is changed to Greenbriar. 2. The conditions is corrected and the extra shall was eliminated. 3. No comment. 4. Dennis Balascio to submit Destroyed Property Claim. 5. A curve table has been added to show all requested information. SKILLINGS CONNOLLY 5016 Lacey Boulevard S.E., Lacey, WA 98503 (360)491-3399 1-800-454-7545 Fax (360)491-3857 skillings@skillings.com www.skillings.com LETTER OF TRANSMITTAL To: Tami Merriman, Assistant Planner City of Yelm P.O. Box 479 Yelm, WA 98597 ATTN: Date: 2-23-06 Project Number: Sun-04-0148-YL (SC04017) RE: Final Plat Revisions WE ARE SENDING YOU THE FOLLOWING ITEMS: COPIES DATE DESCRIPTION 1 2-20-06 18x24" Plat ma s 1 2-20-06 11x17" Plat Ma s 1 2-20-06 Marked red lilnes 1 2-20-06 18x24" m lar THESE ARE TRANSMITTED ^ For your ^ For action ®For review ^ For your use ^ As requested information specified below and comment REMARKS: Enclosed are the final maps and marked red lines. Rynea Edwards, LSIT skillings Connolly, Inc E. TRUE & ASSOCIATES LAND SURVEYING P.O. BOX 908 18225 COOK ROAD S.E. YELM, WA. 98597 360-4~8-2894 Date: Feb. ? l , 2006 To: City of Yelm 105 Yelm Avenue Vl~'est Yelm. WA. 98597 ATTN: Roberta Allen Community Development RE: Final Plat comments for Oakridge Dear Ms. Allen: We have reviewed the plat for corrections to plat submitted on Feb. 14.2006. The following changes need to be completed prior to recording. l . Verify C 1 thru closure and relocate on map to shoe proper dimensioning or revise dimension arc. 2. Show total distance along ~~~est property line. 3. Enlarge text size for C6 and C7. [ do not need to review these new corrections. All previous corrections have been made. If }~ou have any questions please don~t hesitate to call me at 360-458-?894. Sincerely, Eddie True, P.L.S. ,~ THURSTON COUNTY SINCE ISSZ ~~~~ ~ ~~. FEB 0 6 2008 ~~O ROCCrfff rcrM PATRICIA COSTELLO Assessor OFFICE OF THE ASSESSOR MEMORANDUM February 3, 2006 :... .~, ~~: Ycl,?? PO Box 479 Yelm, WA 98597 FROM: Dawn Alene Breen, Thurston County Assessor's Office RE: OAKRIDGE 1. If `Breenbriar' is NOT the street name, then please fix sheet one `RIGH'TS-OF-WAY', sheet two `STREET NAME', and sheet three `STREET NAME'. 2. Please fix information in the `CONDITIONS' :add `face' in condition l and remove extra `shall' in condition 3. 3. Prefix for this Plat will be 3758 4. Please provide Destroyed Property Claim forms for buildings that have been demolished prior to recording of Plat: or, show all improvement locations on face of Plat map. Forms should be submitted to the Assessor's office. 5. Please include DELTA information for each curve on the face oa the Plat map; or, include ALL curve info~•mation in the `Curve table'. 6. Thank you for the opportunity to review, no further comment. Thank you. '~ ,~ Signature- (~'`~ Dawn Alene Breen 2000 Lakeridge Drive S.W. Olympia, WA 98502-6045 `~~ 33 (360) 786-5410 FAX (360) 754-2958 TDD (360) 754-2933 Rew~~ea PapcE yWy~ ~T L~1 ~~ .,~ i? ~3 .~ tt7 ..J +.1.~ Icy {.~ 4'~ .Fy l ~ O ~ O O a~~ r H x z m ° z ,r w 0 z y ~c oo-~ o~ ~ ~ ~ ~ ~, y ~__ ~ rt ~ ~ ~ ~ % \ / ~~ C ~ ~ ~ •C O Q ~ Nov y ~~~ ~ ~. ~ "' r O uNrr~a `= ~~= 4, s~ ~ ,.:~ ,_ m ~ ~a ,~ _.~ ~~ ,-, `~`' _ ~~ ,,, ~.,, ~3 w `~C~ ;''~ ._ '•y r,. ~ i ~~ i7'+ .~ '~~. .. ~R ...x'.. E. TRUE & ASSOCIATES LAND SURVEYING P.O. BOX 908 18225 COOK ROAD S.E. YELM, WA. 98597 360-458-2894 Date: Feb. 14, 2006 To: City of Yelm 105 Yelm Avenue West Yelm, WA. 98597 ATTN: Roberta Allen Community Development RE: Final Plat comments for Oakridge Dear Ms. Allen: We have reviewed the plat, lot closures and plat certificate for this subdivision. I have addressed a listing of the items that should be addressed prior to approval of this subdivision. Upon completion of corrections and submittal of revised lot closures I will need to review corrections. If you have any questions please don't hesitate to call me at 360-458-2894. Sincerely, Eddie True, P.L.S. Final Plat Comments Oakridge Sheet one 1) Complete dedication note 2) Complete corporate seal for bank signature. 3) Auditor's index box needs correction. Sheet two 4) Alignment of Richmont Ct. SE needs to be examined or corrected. 5) There are numerous places of text and annotation that are smaller than than city standards allow. Please examine map not all are identified. 6) Define and show all calcs and control which control boundary of project or reference record data which does. Also note exception. 7) Turn off station layer ticks on centerline, add annotation as shown. 8) Submit correct lot closures for Lots 7,8,34,35 and correct annotation. Submit lot closures for boundary of project and all road centerlines. Renumber lot closures 35 thru 44 or renumber lots on plat to reflect consistant lot numbering. Sheet three 9) 10) 11) Add annotation along boundaries as shown on print. Note access thru Tract A. Show curve table or reference to sheet 2 Of 3 to support curve data. ****EIGHT HUNDRED FIFTY FIVE DOLLARS & 00 CENTS ~ ;,~~= t;= ~ r_C) :~_;~~,,~ DATE REC. NO. AMOUNT REF. NO. ~'~, YELM PROPERTY DEVELOPMENT LLC 02!24/06 40961 855.00 CHECK 6102 16422 SE MIDDLE ST YELM WA 98597 BUDGETARY __A~_a MICHELLE I. A E. TRUE & ASSOCIATES LAND SURVEYING P.O. BOX 908 Yelm, WA 98597 Bill To THE CITY OF YEL~1 .aTTN: Rc,hcr~a Ailcn PO BO`C -~~9 l'EL~1. ~~'A 98~9~ Invoice Date Job No. ?iz I i~~IC~~ ~~o~ P.O. No. T.R.S. Parcel Description 0.~1;RIDGE Job Description Hrs. Rate Amount RE~~IE~~' FOR SUR\~EY .-~'~D LO"f CLOSI.~RES PL.~T OF y 9,.(J~ Ra,.(~U O.~I;RIDGE. CITI' OF l'EL!~1 _--~ i~" . :ac ayriert ~ ~ / i i ~.~,e ~- L-'sc -~ iect: - -'- _ ~~-.C ~ Total Due ~;~~~ ~it~ WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Yelm Property Development L.L.C. (hereinafter referred to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City") for the approval by the City of a certain plat of a subdivision to be known as Oak Ridae, a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the sp4ecifications hereinafter set forth; and WHERE, in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations; Now therefore,.TO INDUCE THE city to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of warranty, the Owner agrees to promptly repair or replace any defective work at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired, or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all provisions of this agreement. 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. N.G9'Ir1-ro ~ , ~G2,KR.s-C.~c ~ /~'l.`~ r STATE OF WASHINGTON) ss COUNTY OF THURSTON ) On this ~~-~-. day of ~ c~.,~ c , 20 0~ ,before me, the undersigned, a Notary Public in and forth State of Washington, duly commissioned and sworn, personally appeared ~ec~ n,S ~, ~ a\ q S G~ h that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and deed ,for the uses and purposes th~~e1 e~tiq~ned, and on oath stated that he/she/they was (were) authorize~d~`~~ic~ ut~A~' ®~aid instrument. Witness my hand and official seal hereto ~fi~'t.'rart,y~ar first above written. ° % e_ ~;: ~. _ Given ~ ~r SOT- - -~,: = ~ a,~~7~ ~~ ` rrl~- r~d ~an~d seal this day of ~~G~~ ~„~,~- , 20 ~~ . ~_ ~f,,~~~, z ; ~~~ f~ ~ .-~ Notary Public in and for the State of Washington, residing in My commission expires: c~j ~\ ~--~ BILL OF SALE THIS BILL OF SALE is made and executed this 23rd day of May, 2005, by and between Yelm Property Development L.L.C., hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situated in Thurston County, State of Washington, TO WIT: The S.T.E.P. system service lateral from the tank to the sewer main, tank, pump and pump controls, water lines and related appurtenances lying within the following described easement area: PARCEL A: TRACT 8 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORD OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THE SOUTH 185 FEET OF THE NORTHEAST 589 FEET; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF YELM BY DEED RECORDED MAY 28, 2003 UNDER RECORDING NO. 3535670; PARCEL B: THE SOUTH 185 FEET OF THE NORTHEAST 589 FEET OF TRACT 8 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORD OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF YELM BY DEED RECORDED MAY 28, 2003 UNDER RECORDING NO. 3535670; PARCEL C: LOT 7 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORD OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THAT PART CONVEYED TO FLORINE BRADELEY BY DEED DATED FEBRUARY 16, 1945 AND D-1 RECORDED IN VOLUME 193 OF DEEDS, PAGE 639; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF YELM FOR RIGHT OF WAY DEED RECORDED APRIL 23, 2003 UNDER RECORDING NO. 3524399; IN WITNESS WHEREOF, said person has caused this instrument to be executed by its proper officers and its corporate seal (if any) to be affixed this z~ day of ~a ~~ 2006 BY (Signature) STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On the ~`~~' day of Sc~~,ti Nti~ 20 be ,personally appeared before me ~t~~c;, 5 m . ~t~~GSC~o to me kno~,~p, be the individual described in and whoexecuted with within and foregoin~~irl t s eft' end acknowledged that he signe the same as his free and vountatry act ~,`~i~`'t;~i~.~urposes herin mentioned. ;,,',o~,~~ssiora f-h;~;'- WITNESS ~y J #`~i~ial seal the day and year first-above written. _ ~~ _ :.~~~ = ,6.1 _ Q~ t,•~ ;,,:~ °~'' Notary Public in and for the ~~~ ®~ ~~~"~p~~v State of Washington, residing in s-a a a ° ~'e~ ~~ n ~ ~.~-~ ~ ~~~~iir~iiitsar System accepted this day of , 20 City of Yelm By: Community Development Director D -2 February 23, 2006 Dennis Balascio Yelm Property Development P.O. Box 2950 Yelm, WA 98597 Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Re: Comments for Oakridge Final Plat Application -SUB-04-0148-YL Dear Mr. Balascio: The City has completed its second review for the above referenced final plat application. There are items that need revisions. For the items that need changed or corrected, I am sending you back redlined originals. 1. Survey review comments: Please make the corrections as noted by the reviewing Professional Land Surveyor in his letter and ma 'n red. Please be sure to correct all items. When you submit your revised plaris~, please inc a one copy of the full size plat, one 11" x 17" copy, and a mylar set for~~dirrg~: ~-ft6TUR ALL REDLINED COPIES. 2. Reviewing Professional Land S yor fee $855.00 3. City of Yelm Engineer Review ee $ The above listed corrections must be carnp{etedand-returned to the City, with all fees paid no later than Friday, February 24, 2006, to be considered by the City Council on Wednesday, March 8, 2006. If you have any questions, please contact me at (360) 458-8496. Questions regarding the surveyors' comments can be directed to Eddie True, (360) 458-2894. Sincerely, ...~ ~ ~C~l~-~ Tami Merriman Department of Community Development (360) 458-3835 (360) 958-3]49 FAX www.ci.yelm.wa.us . ~~'~ STATFS OF A1~1~. b ,tee ~~' ~~ gTA7F• r :ee e s• ,~~ .~, aes 1 °~s ~ ,t. ~', r eke / ~~~~ ^ ! c~6 J, n. °0~ °Oe ., ~ r. °As ~~ o°p, 'yy ~o~ eas DID .oe ~ ~~~y ee. .`` eCretary o ,Mate I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF EXISTENCE/AUTHORIZATION OF OAK RIDGE YELM HOMEOWNER'S ASSOCIATION I FURTHER CERTIFY that the records on lile in this office show that the above named Non- profit Corporation «~as formed under the laws of the State of WA and ~~-as issued a Certificate Of Incorporation in Washington on 12/22/2005. I FURTHER CERTIFY that as of the date of this certillcate, OAK RIDGE YELM I IOMEOVdNER'S ASSOCIATION remains active and has complied with the filing requirements of this office. Date: February 17, 2006 UBI: 602-568-345 ~' --,- ~~,~`, .w ~....::j. r, %. •~ ~~{ ~ ~J~ ~i:~ ._~.,~ r f ~~~ ~~ r, s~ ~~1., Gi~~en antler my hand and the Seal ~~f the State of Washin~Tton at OI~'mpi~i, the State Ca~~ital Sam Reed. Srrret,u~~ ot~ State .~'i ~~c~ Washington Secretary of Sta#e -Corporations: Search Page 1 of 2 HOME CORPORATIONS MENU CORPORATIONS DIVISION -REGISTRATION DATA SEARCH OAK RIDGE YELM HOMEOWNER'S ASSOCIATION UBI Number 602 568 345 Category Regular Corporation Profit/Nonprofit Nanproflt Active/Inactive Active State of Incorporation WA Date of Incorporation 12/22/2005 License Expiration Date 12/31/2006 Reg(stered Agent Information Agent Name JIM KERZIE Address 8640 MARTIN WAY E STE D City LACEY State WA ZIP 98516 Special Address Information Address City State Zip « Returr~to Search use Disclaimer Information fn the Secretary of State's Online Corporations Database is updated Monday through Friday by 5:00 a.m. Pacific Star Time (state hoEldays excluded). Neither the State of Washington nor any agency, officer, or employee of the State of Washington warrants the accuracy, reliability, or timeliness of any information in the Public Access System end shall not be liable for any loss caused by such reliance on the accuracy, reliability, or timeliness of such Informat[on. While every effort Is made to ensure the ac httn://www.secstate.wa.~ov/corps/search detail.aspx?name=OAK+RIDGE+YELM+HOME... 2/2/2006 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpalented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any speck assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (t) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any Judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Temrs. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or refereed to in Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or refereed to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed. or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. tf prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. if the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at fhe Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall descdbe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shalt have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall Vansfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragrsph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surcendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability slated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulatons, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro Canto. 10. Payment of Loss. (a) No payment shall be made without produdng this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the Gaim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any Vansaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American ArbiVation Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbiVable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) After Recording Return to: City of Yelm P.O. Box 479 Yelm, WA 98597 COPY ORIGINAL DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS FOR OAK RIDGE Grantor: Comfort Homes, LLC, a Washington limited liability company a Washington Limited Liability Company Grantee: Oak Ridge Legal Description (abbreviated): Lots 1 through 44 of Oak Ridge, as recorded under Thurston County Auditor's Recording Number Assessor's Tax Parcel Numbers: 64303600701, 6430360081, 64303600800 The Declarant herein as the owners in fee of the real property legally described in this Declaration, hereby covenant, agree, and declare, that all of the properties and housing units constructed on the properties are and will be held, sold, and conveyed subject to this Declaration which is made for the purpose of enhancing and protecting the value, the desirability and attractiveness of the properties for the benefit of all the properties and their owners. The covenants, restrictions, reservations, and conditions, contained in this Declaration shall run with the land as easements and equitable servitudes, shall be binding upon the properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any lot on the properties and upon their respective heirs, successors and assigns. ARTICLE ONE: DEFINITIONS For purposes of the Declaration, Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: "ACC" shall mean the Architectural Control Committee, as described in this Agreement. 2. "Articles" shall mean the Association's articles of incorporation and any amendments. 3. "Association" shall mean the Oak Ridge Yelm Homeowners Association, which shall be formed as a nonprofit corporation for the purpose of administering this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 1 of 37 CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. 5. "Bylaws" shall mean the Association's Bylaws and any amendments. 6. "Common Areas" shall include but not be limited to Tracts A, B as delineated on Oak Ridge. Common areas shall also mean the property both real and personal in which the Association has been granted an easement or right of control and management by any written instrument including this Declaration or by delineation of the same on the plat map recorded for Oak Ridge. 7. "Declaration" shall mean this Declaration of Protective Covenants, Conditions and Restrictions. 8. "Developer-Declarant" The Developer and Declarant shall mean Comfort Homes, LLC, a Washington Limited Liability Company. However Developer shall also include any entity, which purchases multiple lots from Comfort Homes, LLC for the purposes of constructing residences thereon. Until such time as Comfort Homes, LLC or any other entity purchasing multiple lots has sold all the lots by that party, then such party shall jointly exercise all rights reserved to the Declarant as set forth in this Declaration. At any time as such party has sold or conveyed all the lots held by that entity then that party shall no longer be considered a Developer or Declarant. 9. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the lots have been sold by the Developer or any shorter period, as determined by the Developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the development period. In the event any loans with respect to any of the lots are insured through the Federal Housing Administration (FHA), the Veteran's Administration (VA), the Federal National Mortgage Association (l?NMA), and the Federal Home Loan Mortgage Corporation, then in that event, the Development Period shall terminate at such time as 75% of all of the lots have been closed and sold to other than builders. 10. "Housing Unit" shall mean the building occupying a Lot. 11. "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company or state or federal agency which holds a first mote or deed of trust against a Lot or Housing Unit thereon. Page 2 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc J f 12. "Lot" shall refer to one of the Lots located in Oak Ridge consisting of Lots 1 through 44 of Oak Ridge. 13. "Member" shall mean every person or entity that holds a membership in the Association. 14. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or ocher portion of the Properties. 15. "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. Areal estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 17. "Real Property" that is subject to this declaration is legally described as Lots 1 through 44 of Oak Ridge, together with all common areas as defined by this Declaration. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section One: Development Period. During the development period the Declarant Comfort Homes, LLC shall appoint the sole director of the Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarant's discretion and may assign such responsibilities, privileges, and duties to the Members as the Declarant determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shall also appoint members to the Architectural Control Committee. At such time as the Declarant has sold and conveyed all lots, then the Declarant may resign as a director of the Association and from any other committees for the duration of the development. At such time as the Declarant has sold and conveyed all lots then any Developer as deemed in this Agreement for the duration of the development period shall be entitled to appoint a director to the Association as well as a Member to the Architectural Control Committee. Page 3 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc Section Two: Purpose of Development Period. The Declarant and Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of development, ensure an orderly transition of Association operations, and to facilitate the Developers completion of construction of Housing Units. Section Three: Authority of Association After Development Period. At the expiration of the Declarant and Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Declaration. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in this agreement. Section Four: Delegation of Authority. The Board of Directors, the Declarant or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board, the Declarant and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors, Declarant or the Developer. Section Five: Notice to Owners. Not less than ten or more than thirty days prior to the termination of the development, the Declarant or any Developers who then constitute the Board, shall give written notice of termination of the development period to the owner of each lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the by-laws which Members shall then elect directors in accordance with the terms and provisions of the Articles of Incorporation and by-laws of this Declaration. ARTICLE THREE: MEMBERSHIP Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of a deed for such Lot. Membership may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. Page 4 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ARTICLE FOUR: VOTING RIGHTS Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Members' votes may be solicited and tabulated by mall or facsimile. ARTICLE FIVE: COMMON AREAS Section One: Management of Common Areas: That as provided in the plat map of Oak Ridge each lot owner has an undivided 1/44th interest in all of the tracts as identified on Article One, paragraph 6. However, the Declarant does hereby grant to the Oak Ridge Homeowners Association and each lot owner by accepting a deed of said lot hereby agree that said Homeowners Association shall have the sole right, management, and control of all of said tracts and the Common Areas as if it was the owner thereof. The Declarant reserves for the benefit of the Declarant, its successors and assigns, all those certain rights of use, ingress, egress, and occupation and control indicated elsewhere in this Declaration for the duration of the development, at which time this reservation shall cease and then be of no further force and effect. Tract B is a flood zone and shall remain undisturbed. These tracts and other properties and improvements as described herein are referred to as the "Common Areas" together with any other easements which are defined as being "Common Areas" under the terms of this Declarations. Section Two: Property Rights in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas subject to any restrictions delineated on the plat of the properties. The Association shall have the exclusive right to use and manage the common areas in a manner consistent with the plat, this Declaration, the Articles and the by-laws of the Association. ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES Section One: Standard of Maintenance -Common Areas. The Association shall maintain the Common Areas in a manner consistent with good building and nursery practices, and in compliance with all applicable codes and regulations. The common areas shall include but not be limited as defimed below together with all easements, which are for the benefit of all lot owners. These common areas include but are not limited to the following: 1. Tract "A" is reserved for the purpose of Storm Water, maintenance will be the responsibility of the Oak Ridge Yelm Homeowners Association. All lots have undivided interest in the tracts for tax purposes. Page 5 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc 2. Tract "B" is reserved for Open Space and Flood Zone Protection, ownership and maintenance will be the responsibility of the Oak Ridge Yelm Homeowners Association. All lots have undivided interests in the tracts for tax purposes. 3. All perimeter and any other fencing, which may be constructed by the Declarant. 4. Any monument/entrance area, contained within the landscape easement on Lots 1 and 44, which may be constructed by the Declarant. These tracts and any other tracts which have been established for the benefit of all lot owners or the Association which may be delineated on Oak Ridge together with easements which have been reserved not only the benefit of all lot owners but also those easements and tracts which are reserved for the benefit of the Association for the purpose of the installation, maintenance, and repairing of any improvements or any other installations constructed within said easement areas or on any common areas. Section Two: Standard of Maintenance -Lots and Planting Strips. Each Lot Owner hereby covenants and agrees to maintain his respective Lot (including as a part of said Lot the Planting Strip located between the street and the sidewalk adjacent to the Owner's respective Lot, if any), and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the Real Property will reflect a high pride of ownership. Each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on their Lot. Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to conduct maintenance on his Lot or the exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to provide such maintenance, and to levy an assessment against the non-performing Lot Owner and its Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in this Declaration. In the event that emergency repairs are needed to correct a condition on a Lot which poses a substantial risk of injury or significant property damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Lot Owner of the repairs Page 6 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Lot Owner, may be collected by the Association in the manner provided for herein notwithstanding the failure of the Association to give the Lot Owner the thirty (30) day notice. Section Four: Maintenance of Storm Water Drainage System. The Homeowner's Association shall maintain the storm water drainage system as set forth above in accordance with a storm water maintenance plan which shall include the "Maintenance Check List" which are recorded separately and which, by reference, are incorporated herein as though fully set forth. The Homeowner's Association shall maintain the storm water drainage system in accordance with said maintenance checklist. Section Five: Sanctions for Failure to Maintain. In the event the Oak Ridge Yelm Homeowners Association, in the judgment of City of Yelm or any other regulatory authority having jurisdiction, or any lot owner fails to discharge its responsibility with respect to that part of the storm water system within said lot owner's lot, fails to maintain the storm water drainage facilities within the plat which are the responsibility of the Homeowners Association, and/or fails to comply with the provisions of any private storm drainage maintenance and pollution control plan, or if the Declarant or successors of the Association willfully or accidentally reduce the capacity of the drainage system to render any part of the drainage unusable, the Declarant, its successors or the Homeowners Association agree to the following remedy: After thirty days notice by registered mail to the Declarant or successors, the city will assess fmancial sanctions and/or initiate enforcement proceedings. In the event City of Yelm determines the lack of maintenance has resulted in a situation of eminent danger to life, limb or property, City of Yelm will correct the problem as necessary to restore the full design capacity of the drainage system. In this event, the City will bill the owners of the facility for all costs associated with such work to include engineering, administration, legal fees, construction, equipment and personnel. Costs or fees incurred by City of Yelm, including attorney's fees and expert fees, should legal action be required to collect such payments, shall be borne by the Declarant or successors. The Declarant shall not be liable under the provisions of this paragraph if, at the time any claim is being made by City of Yelm, the Declarant no longer owns any lots within the plat of Oak Ridge. Section Six: Common Expenses. The Association shall perform such work as is necessary to carry out the duties described in this Declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. 'The Common Expenses shall be paid by the Association from funds collected from Page 7 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc C assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following: 1. The real property taxes levied upon the Association for the Common Areas; 2. The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC; 3. The cost of maintaining, repairing and maintaining the common area tracts and improvements located thereon, including but not limited to, signs, street lights, perimeter and any interior fences constructed by Declarant, plantings and landscaping on common areas or on easements (if not maintained by applicable governmental jurisdictions), and any improvements, including playground equipment and other apparatus which have been constructed by the Declarant on any of the common areas. 4. The Homeowners Association shall be responsible for maintaining and replacing any street trees in right-of--ways or in common areas; however, any such street trees, which have been planted in lots, shall be maintained by the lot owner. Any landscaping trees installed in common areas or in easements maintained by the Homeowners Association shall be maintained by the Homeowners Association. 5. The cost of maintaining, repairing, and replacing any entry landscaping constructed by the Declarant. 6. The cost of maintaining, repairing, and replacing those portions of the storm water drainage system; and that the storm drainage system will be maintained in accordance with the terms and provisions of any maintenance and pollution control plan which has been entered into and which is effective with respect to the property, which private storm drainage plan may set forth certain schedules and requirements for maintenance and any such plan is incorporated herein by reference. 7. Any other expense which shall be designated as a Common Expense in the Declaration, in its Exhibits, or from time to time by the Association. Section Seven: Extraordinary Use Expenses. In the event that one or more lot owners should by their use of the common areas cause it to be subjected to other than reasonable wear and tear or by their actions damage those common areas or any improvements located thereon or therein, then individual subjecting the common area to such use shall have the obligation to Page 8 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc repair such damage upon demand by the Association and to restore such common area to the condition that existed prior to such use or action and all expenses therefore shall be paid by such individual. Section Eight: Owners' Easements of Enjoyment. Each owner shall have a right in a easement of enjoyment in and to the common areas which shall be appurtenant and to and shall pass with title (or, if applicable, with the equitable title held by real estate contract purchaser) to every lot subject to the following provisions: A. The right of the Declarant or the Association to establish use and operation standards for all common areas to be binding upon all Association Members along with enforcement standards. B. The right of the Declarant during the development period (including any Developer during the development period) or the Association after the development period to suspend an owner's right to vote and to use any recreational facilities for any period during which assessments against his or her lot remain unpaid for a period not to exceed sixty days, for any, and each separate infraction of its prohibited rules and regulations. C. The right of the Declarant (during the development period) or the Association (after the development period) to dedicate or transfer all or any part of the common areas to any public agency, authority or utility for such purposes and subject to such conditions as the Declarant or Members as applicable may deem appropriate. After the development period, no such dedication or transfer shall be effective unless the instrument agreeing to such dedication or transfer is signed by owners of two thirds of the lots has been recorded. D. Any owner may delegate their right of enjoyment to the common areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. E. The right of the Association to limit access to those portions of the common areas in accordance with governmental rules and regulations or which, in the opinion of the Board, are dangerous. F. The right of the Association to limit the number of guests of members. G. The right of the Association in accordance with this Declaration and Articles and By- Laws to borrow money for the purpose of improving the common areas and facilities and in aid thereof to mortgage said property, but the rights of such mortgage in said property shall be subordinate to the rights of the homeowners hereunder. Page 9 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc Section Nine: Insurance. Nothing shall be done or kept in any common areas which will increase the rate of insurance on the common areas or other lots or improvements without the prior written consent of the board. Nothing shall be kept in any common area which will result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section Ten: Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered or constructed in, or removed from any common maintenance area or common area except upon prior written consent of the board. There shall be no construction, grading or filling within the shoreline protection area. Also, there shall be no construction or improvements of any kind within the designated flood zone area, besides landscape maintenance. This Section shall not limit or prohibit Declarant (and no Member's consent shall be necessary), during the development period, from constructing or altering any such improvements to any common area or any common maintenance area, which Declarant in Declarant's sole discretion, deems for the benefit and enhancement of said areas in the Association in general. Section Eleven: Dumnin~ in Common Areas, Common Maintenance Areas or Shoreline Protection Areas. No trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as defined in federal, state or local law regulation} shall be dumped, deposited or placed on any common areas, common maintenance areas or easements. The Declarant (during the Development Period) and the Board thereafter, shall retain the rights for enforcement and initiation of penalties for violations of this policy. Section Twelve. Landscaping and Fencing. No permanent structures or landscaping of any kind, including fences, walls or shrubs, may be built or placed within any right of way easements or other easements as delineated on the plat except as deemed appropriate by the board. This prohibition shall not apply to the landscaping and any improvements in the common maintenance areas installed by the Declarant, nor shall this Section prohibit the Association from installing additional improvements or landscaping within the designated common areas or common maintenance areas, nor shall this section prohibit the installation of fences as may be otherwise allowed in this Declaration, nor shall this section prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise restricted in this Declaration. Also, this prohibition shall not apply to landscaping of front or side yards of lots extending to the edge of the curb or sidewalk and the public right of way. Section Thirteen: Management. Each owner expressly covenants that the Declarant (during the development period) and the board thereafter, may delegate all or any portion of management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for the maintenance of the Page 10 of 37 DECLARATION OF PROTECTNE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc 1 common areas and common maintenance areas and any portion thereof. Any management agreement or employment agreement for maintenance or management may be terminable by the Association without cause upon not more than ninety (90) days written notice thereof. (However, this shall not be applicable if the management agreement provides for any other specific termination.) The term of any such agreement shall not exceed one year, renewable by Agreement of the parties for successive periods of up to three years each. Each owner is bound to observe the terms and conditions of any management agreement or employment contract, all of which shall be made available for inspection by any owner upon request. Any fees or salary applicable to any such management employment or service agreement shall be assessed to each owner. ARTICLE SEVEN: ASSESSMENTS Section One: Covenants for Maintenance Assessments. (a) Declarants, for each Lot owned by it, agree and each Owner of a Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association annual or other regular assessments. (b) The annual or other regular and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge and a continuing lien upon the Lot against which each such assessment is made. Such lien may be foreclosed by the Association in like manner as a Mortgage on real property. (c) Each assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot assessed at the time the assessment fell due. The personal obligation shall not pass to the Owner's successors-in-interest unless expressly assumed by them. The new Owner shall be personally liable for assessments that become due on and after the date of sale or transfer. (d) Unless otherwise provided for in this Declaration, no lot owned by a Declarant shall be subject to any annual or other assessments. Section Two: Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the Property, including the improvement, repair and maintenance of the Common Areas and the services and facilities related to the use and enjoyment of said areas, for the payment of insurance premiums on the Common Areas, and for the maintenance of other areas as provided for in this Declaration. Page 11 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc r Section Three: Board to Fix Annual or Regular Assessment. The Board of Directors shall fix the regular or annual assessment in accordance with the terms and provisions of the by- laws at least thirty (30) days prior to the commencement of the annual or regular assessment period. Written notice of the proposed budget setting forth the annual or regular assessment shall be sent to every Owner in accordance with the terms and provisions of the by-laws. In the event the Board fails to fix an annual or regular assessment for any assessment period, then the assessment established for the annually or regular assessment for the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessment established for the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessments shall be sufficient to meet the obligations imposed by the Declaration and any supplementary declarations, and shall be sufficient to establish an adequate reserve fund for the maintenance, repair and replacement of those Common Areas which require such actions on a periodic basis. Section Four: Special Assessments for Capital Improvements. In addition to the annually or regular assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of capital improvements upon the Common Area, including the necessary fixtures and personal property related thereto. That any special assessment for capital improvements must be approved in accordance with the provisions of the Bylaws of the Association which are incorporated herein as though fully set forth. Section Five: Rate of Assessment. Both annual or regular and special assessments shall be fixed at a uniform rate for all lots. Section Six: Reimbursement Assessment. A reimbursement assessment of $450.00 shall be paid by each lot owner at the time of closing of each lot to the Declarant to reimburse the Declarant for expenses paid relative to common expenses paid for plat improvements. Section Seven: Street Repair, Maintenance and Cleaning: All Developers or owners shall use due diligence to avoid placing unnecessary dirt, debris, and any other material washing onto or coming on the road as a result of any construction activities and each Developer or owner shall at all times remain responsible for keeping the road clean of any such debris, dirt and material. In addition, all Developers or owners shall use due diligence to avoid causing any damage to the road or sidewalks and all roads and sidewalks and other improvements constructed by the Declarant as a condition for obtaining plat approval shall remain in the same condition as they were as of the date of final plat approval. Any Developer or owner who violates the provisions of this paragraph shall reimburse the Declarant upon request for any expenses incurred by Declarant because of the failure of the Developer or owner to abide by the terms and provisions Page 12 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDTTIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc of this Declaration. In the event any Developer or owner does not pay the same upon request, then the Declarant shall have a lien against the property of said Developer or owner to secure payment of said reimbursement. In the event it cannot be determined which Developer or owner was responsible for the violation of the above referenced provisions, in that event the Homeowners Association shall reimburse the Declarant for any expenses incurred by the Declarant. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period often (10) yeas after recording of this Declaration. Section Eight: Maintenance of Sewer/Storm Drain System. All Developers or owners shall use due diligence to avoid materials from washing into or being put into the sewer/storm water drain system as a result of construction activities conducted by the Developer or owner which would include any sediment, cement slurry, or any other material washing off of or coming off of any lot upon which a Developer or owner are constructing a residence and flowing into the sewer/storm water drain system. In the event any Developer or owner are in violation of the terms and provisions of this paragraph, this Developer or owner shall agree to pay a maintenance charge to the Declarant in an amount to be determined by the Declarant but not to exceed $500.00 for each such violation by a Developer or owner. In addition, each Developer or owner agrees to indemnify the Declarant from any costs or charges which the Declarant may incur in connection with the cleaning and maintenance of the sewer/storm water system as a result of any violation of this paragraph by such Developer or owner and that this liability on the part of the Developer or owner shall be joint and several. Any Developer or owner who violates the provisions of this paragraph shall reimburse the Declarant upon request for any expenses incurred by Declarant because of the failure of the Developer or owner to abide by the terms and. provisions of this Declaration. In the event any Developer or owner does not pay the same upon request, then the Declarant shall have a lien against the property of said Developer or owner to secure payment of said reimbursement. In the event it cannot be determined which Developer or owner was responsible for the violation of the above referenced provisions, in that event the Homeowners Association shall reimburse the Declarant for any expenses incurred by the Declarant. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period of ten (10) years after recording of this Declaration. Section Nine: Street Trees. The Homeowners Association shall be responsible to maintain any street trees subject to Chapter 14.16, (Yelm Municipal Code) and in the event any tree is removed for any reason, the Homeowners Association shall immediately replace said trees and, if necessary, shall reimburse the Declarant for the cost of replacing said tree. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period of ten years after recording of this Declaration. Page 13 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc Section Ten: Annual Assessment. The annual assessment shall be $300.00 per lot commencing on January 1St of each year. Each lot owner purchasing from a Developer shall pay $300.00 for any sale closed from January to and including September 30th of each year and any sale that closes after September 30th through December 31St shall pay $150.00. Said annual assessment shall be due on or before January 30th of each year in which the assessment is made. The above referenced annual assessment and all subsequent annual assessments shall be paid to the Homeowners Association who shall then pay for the expenses of the Association as required under the terms of this Declaration. In the event the expenses of the Association are in excess of the assessments collected, then the Developers who subsequently purchase from the Declarant shall pay the difference to the Association on a pro rata basis as determined by the number of lots owned by all such Developers. At such time as there had been sufficient assessments collected by the Association, then said Developer shall be reimbursed. The Declarant shall not be responsible or liable for the payment of any assessment against any lot owned by the Declarant. Section Eleven: Certificate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. Section Twelve: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64.38 (or successor statute authorizing the imposition of fines) shall be treated as a special assessment of the Owner fined, and may be collected by the Association in the manner described in this Declaration. ARTICLE EIGHT: COLLECTION OF ASSESSMENT Section One: Lien -Personal Obli anon. All assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas or abandonment of the Lot. Section Two: Delinquency. If any assessment is not paid within thirty (30) days after its due date, the assessment shall. bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for the law A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Page 14 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an actions brought in the name of the Association in a like manner as a mortgage of real properly, and such Member hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association, and shall be for the benefit of the Association. The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: Suspension of Voting Ri ts. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws or Declaration. Section Four: Enforcement of Assessments. The Board may take such action as is necessary, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins an action to enforce any such rights, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in this Declaration. ARTICLE NINE: BUILDING, USE, AND ARCHITECTURAL RESTRICTIONS Section One: Appointment of ACC. The Declarant reserves the right to appoint any member or members of the ACC until the Declarant and all Developers have sold and conveyed all of the lots held in the name of the Declarant or Developer. This right shall automatically terminate at such time as the Declarant and any Developer no longer owns any lots within Oak Ridge. During this period the Declarant reserves the right to appoint a majority of the members of the ACC and each Developer has the right to appoint one member to the ACC. All decisions of the majority of the members of the ACC shall be fmal and binding. At the expiration of the time period in which the Declarant and the Developer has the right to appoint members to the ACC then the Board of the Association shall appoint up to three members of the ACC or if members of the ACC resigns and no replacements assume that office then the Board shall act as the ACC until members of the ACC are appointed or take office. Page 15 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc Section Two: Authority of ACC After Development. At the expiration of the Developers management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Five herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all the authority granted to the ACC by this Declaration. Section Three: Delegation of Authority of ACC. The ACC or the Declarant may delegate any of its duties, powers, or functions described in this Article to any person, firm, or corporation. Section Four: Approval by ACC Required. Except as to construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. Section Five: Time Limits. If the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC or by mail three days after deposit in the U.S. Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment by the Board, or at such other address as is designated by the Board by written notice to the Members. Page 16 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc Section Six: Guidelines. The ACC may adopt and amend, subject to approval by the Board, written guidelines to be applied in its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. If such guidelines are adopted, they shall be available to all interested parties upon request. Section Seven: Meetings. The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise. Section Eight: No Waiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. Section Nine: Consultation. The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the Board for review. Section Ten: Appeals. After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeal and provide time limitations for appeals to be made to the Board. Section Eleven: Enforcement. The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or orders of the ACC. Legal proceedings may only be instituted, however after approval of the Board. Section Twelve: No Liability. The ACC, its agents and consultants shall not be liable to the Association, its members, to any Owner or to any other person for any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC. Section Thirteen: Fees. The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board. Page 17 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEINENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc Section Fourteen: Temporary Structures Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC. Section Fifteen: Nuisances. No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained. If the ACC shall determine that a thing or use of property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the Imposition of fines in the manner authorized by RCW Chapter 64.38, to abate any activity, remove anything or terminate any use of properly which is determined by the ACC or described in this Declaration to constitute a nuisance. Section Sixteen: Building Type: No structures of any kind shall be erected or permitted to be maintained on any lot other than single family residences, garages, workshops and structures normally accessory to such residences which have been approved in accordance with the provisions of the Declaration. No carports will be allowed and all garages must have doors. All dwellings shall be of a "stick-built" variety. Mobile and manufactured homes, and modular homes are specifically not permitted. A two car or a three car garage are permitted and they shall be incorporated in or made part of the dwelling house and no detached garages shall be permitted except with express written approval by the Architectural Control Committee or the Declarant if the same is erected during the development period. Section Seventeen: Use of Lots. All Lots with the Property shall be used solely for private single-family residential purposes and not for business purposes, provided, however, that within such single family residences the Owner(s) thereof may, upon formal written application to the Board, request permission to operate a licensed day care business. The Board shall be authorized, but not obligated, to grant such approval and such approval may only be granted, in the sole discretion of the Board IF 1) all applicable governmental zoning and land use classifications lawfully permit such usage AND, 2) the business and Owner(s) are licensed by all applicable governmental authorities to operate such a day care business AND 3) the day care business will be operated only between the hours of 7 a.m. and 6 p.m. and only on Monday through Friday AND, 4) no more than (4) children, in addition to those of the Owner's immediate family, are enrolled in either a part or full-time capacity in such day AND 5) The Owner(s) of such Lot(s) operating such day care facility will fully oversee, restrict and supervise all children enrolled and will limit such activities strictly within the confines of their residence(s) and Lot(s) and not outside the same AND, 6) the owner(s) of said Lots} agree to indemnify and hold the Declarant and the Association fully harmless from any and all liability and causes of action of whatever kind arising by virtue of the Owner's operation of such a day care business AND, 7) the Owner(s) of said Lot(s) will provide the Association prior to commencing such Page 18 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc business operations, and at all times during such business operations, with verification of liability insurance coverage in an amount not less than $1,000,000.00 naming the Association and the Declarant and such other parties as the Association may deem appropriate as additional insured AND, 8) such operation does not interfere or otherwise violate any other provisions of this Declaration, including, but not necessarily limited to Vehicle parking and signage restrictions. Should the Board give written authorization for such usage, such authorization may be revoked by at least five (5) days prior written notice delivered to Owner and should the Owner(s) operating such day care business fail to strictly adhere to the provisions contained within the Declaration as well as any additional Rules and Regulations imposed, from time to time, by the Board. No other uses are permitted. Neither the Declarant, the Board and/or the Association shall be deemed to be a partner or joint venture and/or an interest in such business operation to the extent permission to operate such a day care business is authorized. Section Ei hg teen: Limitation on Animals. No animals, except dogs, cats, caged birds, fish in tanks, and other small household pets, will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the plat. No animals will be allowed to be leashed, chained, or otherwise tied to any portion of the front or sides of Residences. Leashed animals are permitted within rights-of--way when accompanied by their owners. The person accompanying the animal must exercise "scooping" of animal waste. All pens and enclosures must be screened from view of other Residences and Lots and must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this Section, the Declarant, during the development period, or the Board thereafter, will give the Owner ten (10) days written notice of the violation. Such violation must be remedied by the Owner within such ten (10) day period. Failure to comply with the written notice will result in a fine of $25.00 per day. Any fine imposed by this Section shall be the personal obligation of the fined Owner and a lien on the Lot of the fine owned. The Association shall be entitled to attorneys' fees and costs for any action taken to collect such fines in accordance with the provisions of this Declaration. Section Nineteen: Completion of Construction. The work and construction of all buildings and structures shall be pursued diligently and continuously from the commencement of construction until structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within eight months of the date of commencement of construction unless an extension has been granted by the ACC. The building areas shall be kept in a reasonably clean and workmanlike manner during construction. All lots shall be kept in a neat and orderly condition, free and brush, weeds, vines and debris. The grass thereon shall be cut and mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. Page 19 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEivIENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc Section Twenty: Landscape Completion and Standards. The entire front yard, including up to the edge of the hard surface of the street front of any lot, shall be landscaped in accordance with the provisions of this section and said landscaping shall be installed and completed prior to the date of occupancy. If inclement weather conditions prevent the timely installation of said landscaping improvements, the lot owner must make application to the ACC for an extension of time until weather conditions sufficient improve. For corner lots, the "front yard" shall mean the frontage on both streets, such that both street frontages and yards must be landscaped. "Front yard" shall be defined as the lot area extending from the front property line back to a line measured parallel with the front property line which would coincide with the front wall of the main dwelling on the lot, exclusive of any garage projections. At least 75 percent of every front yard less driveway and walk shall be maintained as lawn area unless otherwise approved by the ACC. The entire landscaping including the remaining portions of the side and rear yard shall be installed within one hundred and twenty (120) days of the receipt of the certificate of occupancy. If inclement weather conditions prevent the timely installation of said landscaping improvements for either side or back yards, the lot Owner must make application to the Committee for the extension of time until weather conditions sufficient improve. Section Twenty One: Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non-decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any housing Unit unless prior written approval shall have been obtained from the ACC. Section Twenty Two: Antennas, Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties with ACC approval of the location of the satellite dish in the manner described in this Declaration. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be installed on the exterior of any home without approval of the ACC obtained pursuant to Section Four, and a showing by the Owner that such installation will be visually shielded from the view of the residents traveling upon streets located on the Properties. Section Twenty Three: Setbacks. No building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties. Page 20 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc Section Twenty Four: Roofs. Roofs on all buildings must be finished with a thirty (30) year architectural grade composite material of a PABCO or equivalent type, the color of which shall be weather wood. Any other material or color must be approved by the ACC. Section Twenty Five: Fences Walls. Fences, walls, or shrubs are permitted on side and rear property lines, up to within the greater of (i) twenty feet of the front property line; or (ii) the distance between the front lot line and the front wall (facade) of the primary residence, subject to (i) the approval of the ACC; and (ii) determination of whether such fence, walls or shrubs would interfere with utility easements reflected on the face of the plat and other easements elsewhere recorded. In no event shall any fence be allowed between the front lot line and the front wall facade of the primary residence. No barb wire, chain link, corrugated fiber glass fences shall be erected on any lot, except that chain link fencing for a sports facility enclosure may be considered for approval by the ACC upon request. All fences of any size constructed on the premises and where ever located must be constructed, painted (or stained if applicable) in accordance with the association guidelines for design and color. Any fence constructed which fails to conform with the guidelines shall be removed by the owner or modified to conform with the guidelines. The Board or the ACC may change these guidelines from time to time, and upon adoption of the change in the fence guidelines, this Article shall be deemed to have been amended to conform with the new guidelines as adopted. In the event that an alternative type of fence (such as a different design or chain link material) is required to comply with the requirements of any governmental jurisdiction, such alternative type of fence shall be exempt from these restrictions, and may be constructed as required by the governmental jurisdiction. Section Twenty Six: Underground Utilities Required. Except for any facilities or equipment provided by the Declarant or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section Twenty Seven• Vehicle Parking and Storage. No vehicle, boats, or trailers shall be parked on any common areas. No vehicle may be parked on any block or sidewalks. Vehicles may only be parked on designated and approved driveways or parking areas which shall be hard- surfaced. Except as expressly provided herein, Lots shall not be used for the storage and/or overnight parking of any vehicle other than private family automobiles, pickup trucks, motorcycles, and commercial vehicles operated by the person residing on that Lot (provided that such commercial vehicles contain only single axles}. Boats, boat trailers, house trailers, campers, trucks with a camper, recreational vehicles, or similar vehicles may not be stored and/or parked overnight on any part of the Lot except as specified herein. No inoperable vehicles of any kind shall be parked, stored, maintained, or constricted on any Lot or street unless stored in a garage. Lot Owners may park/store a commercial vehicle (that exceeds the size restriction described above, boat, boat trailer, house trailer, camper, truck with camper, or recreational vehicle or similar vehicle on the Lot provided that it is screened from view from the street and from another Page 21 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEP+'IENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc Lot and further provided that the screening constructed by the Lot Owner is approved for construction in conformity with specifications approved by the ACC. Upon 48 hours notice to the Owner of an improperly parked vehicle, the Board has the authority to have the same towed, at the Owner's expense, any such vehicles improperly parked which are visible from the right-of- way or adjacent residence that have been parked thereon for more than 24 hours. Notwithstanding the foregoing, Lot Owners who have visiting guests who have a camper, trailer, or other form of vehicle which is prohibited from being parked or stored on a lot unless screened from view, may secure permission from the ACC for guests to park a vehicle upon the lot for a period not to exceed two weeks in any calendar year. This privilege shall only exist, however, after written permission has been obtained from the ACC or its authorized representative. Any Lot Owner that stores a recreational vehicle either on site or off site may park the vehicle on the driveway for purposes of preparing the same either for departure or for return. In any event, this period shall not exceed 24 hours. Section Twenty Ei t: Signs. No signs, billboards, or other advertising structures or device shall be displayed to the public view on any lot except (1) not to exceed twenty four inches in height and thirty six inches in width may be placed on a lot to offer the property for sale or rent and with the exception of any entry monumentation and signage which may be installed by the Declarant. Political yard signs, not more than three square feet in area, of a temporary nature, not to exceed thirty days will be allowed during campaign periods on lots. Within five days after the date of the election to which the sign refers, such signs must be removed from lots. This section, including but not limited to the restrictions on the number of signs and sign size limit shall not apply to signs approved under this Declaration by the Declarant during the development period. The Declarant may establish, for the duration of the development, signage guidelines and standards for lot identification, realtor identification signs, "for sale" signs and other signage that may be placed by parties other than the Declarant on any part of the lots within Oak Ridge, the common areas, or the public rights-of--way. The Declarant may also develop an overall theme for signage within the project, including specific requirements for physical sign installations and size requirements, which theme will then become a part of the established guidelines and standards for signage in Oak Ridge during the development period. During the development period, the Declarant shall have the sole and exclusive right to approve, in the Declarant's sole discretion, any and all signage installations within any part of the real property encompassed within Oak Ridge including the adjacent rights-of--way. Each owner of a lot in Oak Ridge and any Developer or real estate agent on behalf of an owner, shall submit any proposed signs to the Declarant for approval prior to the Page 22 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc installation of the signs. Any signs not specifically approved by the Declarant found anywhere within Oak Ridge the common areas, or on any lot, or on adjacent rights-of--way may be promptly removed and disposed of by Declarant. This absolute right of the Declarant to remove unauthorized signs from the property or adjacent rights-of--way specifically includes, but is not limited to, the Declarant's right to remove any and all signs placed by real estate agencies or their representatives, including temporary reader board signs and other signage installations. No person, including but not limited to, the person or persons owning any interest in the signs removed, shall be entitled to compensation of any kind for signs removed by Declarant pursuant to the section. The Board may cause any sign placed on the property or any adjacent rights-of- way in violation of this Declaration to be removed and destroyed without compensation of any kind to anyone including, but not limited to any persons having any ownership interest in the sign. This section shall not apply to signage placed by Declarant. A owner of a lot, who shall fail to remove a sign prohibited herein within twenty four hours after receiving notice of either the ACC or the Association to remove said sign, then said owner shall pay to the Association the sum of $500.00 for each day or portion thereof that the sign is in existence until removed. Additional signage may be installed by Declarant during the development period to promote the sale of lots or houses and to promote Declarant's project and company and representatives. Notwithstanding anything in this Declaration of the contrary, signs placed by the Declarant shall not be subject to any sign restrictions and specifically shall not be subject to the limitations set forth in this Declaration on the number of signs and size of signs. The Declarant shall also not be subject to any guidelines or standards established by Declarant for other parties pursuant to this Declaration. Under no circumstances shall the Declarant be liable for, or be required to pay, for all or any part of the construction, installation or maintenance of any signs which are placed on any lot not owned by the Declarant. This section shall apply even if Declarant requires an owner to place a sign pursuant to this Declaration. Section Twenty Nine: Easements for Enforcement Purposes: Owners hereby grant to the Association an express easement for the purpose of going upon the Lots of Owners for the Page 23 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc purpose of removing vehicles or other similar objects which are parked or stored in violation of the terms of this Declaration. Section Thirty: Excavation and Fill. Except with the permission of the ACC, or except as may be necessary in connection with the construction of any approved improvement, no excavation or fill shall be made nor shall any dirt be removed from any Lot herein. Section Thirty One: Drainage. The owner of any lot shall not take any action which would interfere with surface water drainage across that lot either through natural drainage or by drainage easements. Any change of drainage, either through natural drainage areas or through drainage easements must be approved by the ACC. All drainage improvements must be completed prior to occupancy in accordance with the drainage plan submitted to the ACC. Section Thirty Two: Use During Construction. Except with the approval of the Board, no persons shall reside upon the premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed. Section Thirty Three: Garbage and Refuse. No garbage, refuse, rubbish, cuttings or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from public view. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Section Thirty Four: Tanks, Etc. No elevated tanks of any kind shall be erected, placed, or permitted on any part of such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the view from neighboring Lots, roads, or streets. All clotheslines, garbage cans, equipment, coolers, wood piles, or storage piles shall be walled in or otherwise suitably screened to conceal them from the view of neighboring Lots, Common Areas, roads or streets. Plans for all enclosures of this nature must be approved by the ACC prior to construction. Section Five: Auto Repair. No major auto repair shall be permitted except within enclosed garages, which are kept closed. The only repairs permitted on the balance of the Property are occasional casual repairs and maintenance activities such as tune-ups or oil changes. Section Thirty Six: Exterior Finish. The exterior finishes on all sides of the houses shall be approved by the ACC. There shall be no use of T-111 siding unless approved by the ACC. Page 24 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc The entire residence must be painted or stained in colors approved by the ACC. All metal fireplace chimneys shall be either wood or stone wrap. Section Thirty Seven: Driveways. That all driveways including any access to the rear yard of any residence shall be of a hard surface construction of either concrete or washed aggregate or of such other material as shall be approved by the ACC and shall be completed prior to final building inspection. Section Thirty Eight: Maintenance of Structures and Grounds. Each owner shall maintain his lot and residence thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Section Thirty Nine: Firearms. The use of firearms is expressly prohibited. Section Forty: Dirt Bikes and/or ATV. No unlicensed motor vehicles, including motorcycles, dirt bikes, motor scooters, ATV's etc., shall be permitted on any road within the plat or common areas, nor shall dirt bikes or ATV's be permitted to operate on any owner's lot. Section Forty One: Damage Repair. All owners agree to repair immediately any damage to any utilities adjacent to their lot or lots, in the event any of the utilities are cracked, broken, or otherwise damages as a result of dwelling construction activities, or other activities by owner, by persons acting for owner, or by persons in or around the property at the request or with the consent of the owner. Section Forty Two: Building Materials. All homes constructed on each lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items. The ACC will determine if a used material is a "decor" item. In making this determination the ACC will consider whether the material harmonizes with the aesthetic character of the other residences within the subdivision and whether the material would add to the attractive development of the subdivision. The exterior of all construction of any lot shall be designed, built, and maintained in such a manner as to blend in with the natural surroundings and landscaping within the subdivision. Exterior colors must be approved by the ACC. Exterior trim, fences, doors, railings, decks, eaves, gutters, and the exterior finish of garages and other accessory buildings shall be designed, built, and maintained to be compatible with the exterior of the structure they adjoin. Generally, colors shall be muted earth tones, grays, beiges, and similar shades. Page 25 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc Section Forty Three: Minimum Size of Residences. Private single-family residences shall consist of not less than one (1) Lot and no Lot shall ever be further subdivided. Each Residence must have a private enclosed car shelter for not less than two (2) cars, provided that a portion of the interior of said garage may be improved and/or finished for residential use by the Owner thereof provided that the exterior of the garage shall not be removed or otherwise modified so as to eliminate the garage door that previously provided access thereto. No single structure shall be altered to provide for more than one (1) family. Single level type residences (residences consisting of a one story residence or a residence consisting of a basement and one story) shall contain at least 1,300 square feet. Two story residences shall contain at least 1,500 square feet. In computing the total square footage of a residence garages and/or enclosed decks shall not be included. Section Forty Four: Codes. All construction, including all landscaping requirements, shall conform to the requirements of all the applicable governmental codes (state, county, or city), including all uniform codes (building, mechanical and plumbing), in force at the commencement of the construction, including the latest revisions thereof. Section Forty Five: Entry for Inspection. Any agent or member of the Declarant or any member of the architectural control committee may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been complied with the provisions of this Declaration. The above recited individuals shall not be guilty of trespass for such entry or inspection. There is created an easement over, under, and across, residential lots for the purpose of making and carrying out such inspections. Section Forty Six: Authority to Adopt Additional Rules and Restrictions. The Association shall have the authority to adopt additional written rules and restrictions governing the use of the Properties, provided such rules and restrictions are consistent with the purposes of the Declaration, and to establish penalties for violation of those rules and restrictions. If rules and restrictions are adopted, they, along with the established penalties, shall be available to all Members upon request. Section Forty Seven: Enforcement. The Association, or the Declarant during the Development Period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64.38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 64.38) but the Member must first obtain an order from a court of competent jurisdiction entitling the Member to relief. In the event that a Member takes any action to enforce the terms of this Article, the Association shall not be in any way obligated to Page 26 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. ARTICLE TEN: EASEMENTS Section One: Easement for Encroachments. Each Lot is, and the Common Areas are subject to an easement for encroachments created by construction, settlement, and overhangs as designed or constructed by the Declarant, and a valid easement for encroachments and for maintenance of the same as long as said improvements remain. Section Two: Easements on Exterior Lot Lines. In addition to easements reserved on any plat of the Properties or shown by instrument of record, easements for utilities and drainage are reserved for the Declarant or its assigns, over afive-foot wide strip along each side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. 'The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible. Section Three: Association's Easement of Access. The Association, the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) cleaning, maintenance, or repair of any home or Lot as provided in this Declaration; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; and (e) all acts necessary to enforce these Covenants. Section Four: Easement for Declarant. Declarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. Section Five: Easement Reserved by Declarant. Declarant does hereby reserve an easement across all common areas, private sewers, and the private roads for ingress, egress, storage and placement of equipment and materials and all other actions necessary related to the development or maintenance of the real property and in addition, the Declarant reserves an easement for purposes of ingress, egress, and utilities against all of the private roads within the plat of Oak Ridge for the sole benefit of the Declarant and the Declarant's successors and assigns Page 27 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc and that this grant of easement shall be personal to said Declazant, it's successors and assigns and may be used for the benefit of any real property which may be acquired by the Declarant or the Declarant's successors or assigns. The real property which may have the benefit of the easement reserved to the Declarant as set forth herein may either be adjacent to the property described in the plat of Oak Ridge, or may be in the vicinity so as to allow access and ingress, egress, and utilities with respect to that property over and across the private roads as described in the plat of Oak Ridge. Section Six: Easement Reserved for the Cit~ehn. Declazant further reserves an easement and right for City of Yehn for Yelm Creek enhancement. ARTICLE ELEVEN: MORTGAGEE PROTECTION Section One: Mortgagees. Notwithstanding and prevailing over any other provisions of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgage given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Two: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided. Section Three: Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Four: Acquisition of Lot b~Mortgagee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Page 28 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessment. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association. Section Six: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confum the particular superior security interest. Section Seven: Mortga eeg_'s Rights. Any Mortgagee shall have the right on request therefore to (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the association within (90) days following the end of any fiscal year; and ©) receive written notice of all meetings of the Association and designate a representative to attend all such meeting. Section Eight: Limitation on Abandonment of Common Areas. The Association shall not, without the prior written approval of sixty-seven percent (67%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Housing Unit or any part of the Common Areas or facilities; (b) any condemnation or eminent domain proceedings involving any Housing Units or any portion of Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it holds the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE: MANAGEMENT CONTRACTS Page 29 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc Each Member hereby agrees that the Association and the ACC may enter into agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate; however, any agreement for professional management of the Properties, or any other contract providing for services by the Declarant must provide for termination by either party without cause after reasonable notice. ARTICLE THIRTEEN: INSURANCE Section One: Coverage. The Association may purchase as a Common Area Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the development period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including Owners and Institutional First Mortgagees that have requested notice. Section Two: Replacement, Repair After Loss. In the event of the damage or destruction. of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the Common Areas shall require the approval oftwo-thirds (2/3} of the Association. The Association may in its sole discretion contract with any contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas. ARTICLE FOURTEEN: RULES AND REGULATIONS Page 30 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~, ~ The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.3 8. ARTICLE FIFTEEN: REMEDIES AND WAIVER Section One: Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and on behalf of the Association, the ACC, or Declarant, are in addition to, and not in limitation of, any other remedies provided by law. Section Two: No Waiver. The failure of the Association, the ACC, the Declarant or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SIXTEEN: CONDENINATION In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Area, and any balance remaining shall be distributed to the Association. In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu of or in avoidance thereof, the condemnation award shall be distributed to the Association. No proceeds received by the Association as the result of any condemnation shall be distributed to a Lot Owner or to any other party derogation of the rights of the First Mortgagee of Page 31 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEIVIENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~~ any Lot. ARTICLE SEVENTEEN: GENERAL PROVISIONS 1. Binding_Effect. All present and future Owners or occupants of Lots shall be subject to and shall comply with the provisions of this Declaration, and the Bylaws and rules and regulations of the Association, as they may be amended from time to time, are accepted and ratified by such Owner or occupant, and all such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at the time any interest or estate in such Lot, as though such provisions were recited and stipulated at length in each and every deed and conveyance or lease thereof. 2. Enforcement by Court Action. The Association, the Declaration, the ACC, the Homeowner's Association, or any lot owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the Association or any Owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the Owner found to be in violation of said condition, covenants, reservation, or restriction, or found to be delinquent in the payment of said lien or charge. 3. Enforcement by Self Heln. The Declarant, the ACC, the Association, or the duly appointed agent of either, may enter upon any lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. Provided, this provision shall not be construed as a permission to breach the peace. 4. Condition Precedent to Action. Prior to taking action either by court or by self-help, written notice shall be given to the offending lot owner. Such notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the case of an emergency, shall not be less than 30 days. 5. Expenses of Action. The expenses of any corrective action or enforcement of this declaration, if not paid by the offending owner within thirty (30) days after written notice and billing, may be filed as a line upon such lot, enforceable as other liens herein. 6. Owner Objection. Should a lot owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (15) days after the Page 32 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDTTIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc r -~ complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose one arbitrator and they, in turn, shall choose a third. The arbitration shall be conducted in accordance with the rules of arbitration under the laws of the State of Washington in existence at the time of any such arbitration. 7. Costs and Attorneys Fees. In the event of legal action, the prevailing party shall be entitled to recover actual costs and attorney fees. For the purposes of this declaration "legal action" shall include arbitration, law suit, trial, appeals, and any action, negotiations, demands, counseling or otherwise where the prevailing party has hired an attorney. It is the intent of this provision to reimburse the prevailing parry for all reasonable attorney fees and actual costs incurred in defending or enforcing the provisions of this Declaration, or the owner's rights hereunder. 8. Failure to Enforce. No delay or omission on the part of the Declarants or the Owners of other Lots in exercising any rights, power, or remedy provided in this Declaration shall be construed as a waiver or acquiescence in any breach of the covenants, conditions, reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarants for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which may be unenforceable. 9. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provision, which shall remain in full force and effect. 10. Interpretation. In interpreting this Declaration, the term "person" may include natural persons, partnerships, corporations, Associations, and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vise versa, where the context so admits or requires. This Declaration shall be liberally construed in favor of the party seeking to enforce its provisions to effectuate the purpose of protecting and enhancing the value, mazketability, and desirability of the Properties by providing a common plan for the development of Cobblestone. 11. Term. This Declaration shall be effective for an initial term of 30 years, and thereafter by automatic extension for successive periods of 10 years each, unless terminated, at the expiration of the initial term or any succeeding 10 year term by a termination agreement executed by the then owners of not less than 75% of the lots then subject to this Declaration. Any termination agreement must be in writing, signed by the approving owners, and must be Page 33 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEiVIENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~- recorded with the County Auditor. 12. Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provision shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association, or twenty-one (21) years after the death of the last survivor of all of the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. 13. Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted by facsimile. 14. Successors and Assigns. This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant, the Declarant, the Members and the Owners. ARTICLE EIGHTEEN :AMENDMENT AND REVOCATION Section One: Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section Two: Amendment by Declarant. Notwithstanding any other provision of this Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 100% of the lots have been sold to others than Declarant builders. That all lot owners agree to be bound by such amendment or amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declaration. Section Three: Prior Ap rop val by FHA/HUD. Regardless of whether or not 100% of the lots have been sold to others than Declarant builders, in the event any loan with respect to any lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veterans Affairs or any programs sponsored by either such agency, then the insuring agency must give written approval before any of the following actions can be approved by either the Declarant or the lot owners: a) Annexation of additional properties b) Dedication of any properties c) Amendment to this declaration Section Four: Vo ins. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more Page 34 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~ `° f of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10} days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51 %) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: 1. Voting rights; 2. Assessments, assessment liens and subordination of such liens; 3. Reserves for maintenance, repair and replacement of Common Areas; 4. Insurance or fidelity bonds; 5. Responsibility for maintenance and repair; 6. Contraction of the project or the withdrawal of property from the Properties; 7. The boundaries of any Lot; 8. Leasing of Housing Units other than as set forth herein; 9. Imposition of any restrictions on the right of an Owner to sell or transfer his or her Lot; 10. Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee. 11. Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration. 12. Any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs; or 13. Any provisions which are for the express benefit of Institutional First Mortgagees. Section Five: Effective Date. Amendments shall take effect only upon recording with the Thurston County Auditor of the county in which this Declaration is recorded. Page 35 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~-~ Section Six. Protection of Declarant. For such time as Declarant shall own Lots located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which: 1. Discriminate or tend to discriminate against the Declarant's rights. 2. Change Article One ("Definitions") in a manner which alters the Declarants right or status. 3. Alter the character and rights of membership or the rights of the Declarant as set forth in Article Three. 4. Alter its rights as set forth in Article Five relating to architectural controls. 5. Alter the basis for assessments, or the Declarant's exemption from assessments. 6. Alter the number or selection of Directors as established in the Bylaws. 7. Alter the Declarant's rights as they appear under this Article. Section Seven: Notice. Any notice required hereunder shall be deemed effective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such mailing to such owner's address as it appears on the Thurston County Assessor's tax records and to the street address of the lot(s) herein. Notices to lenders shall be sent to the last address the lender has given to the Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive notice, and/or has not given the Association written notice of the lender's address for receipt of notices. The Association shall not undergo investigation outside of its own records into the name or location of any lender or lien holder. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this Yr~day of February, 2006. Comfort Homes LLC, a Washington Limited Liability Company By: ~ ~~~ Jim Kerzie Comfort Homes, LLC Managing Member Page 36 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~ '~ ~ STATE OF WASHINGTON )§ COUNTY OF PIERCE On this y~~day of February, 2006 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Kerzie, to me known to be a Managing Member of Comfort Homes , LLC, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the limited liability company, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. ~~~~~,,p AS 1 N ~~~~i~ ~- ~1 ~~~~• ~;~s'sioN•~T~~'.~ Printed N e: ~ F / i _* ~ 28 ~*, e NOTARY PUBLIC in and for the State of ~• 2009 ~ ~ Washington, residing at ~ercn. ~. - ~~ '•.• ~ :6 ~~ My commission expires: ~.eb ~~- i~~~~gRf 'PUg``~~~ Page 37 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDTTIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~ ~t~~• ~ ~D STATES OF A~~ 1`t ~ i j ~~ ~:. C~ ~ STATg • ~ ~ •S,Z' p+~' r a4 ~ Y •. / a `~ `b r y ~~ • ~ ~ ~~ ~ 1889 p ' d• secretary o~ ,Mate I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF EXISTENCE/AUTHORIZATION OF OAK RIDGE YELM HOMEOWNER'S ASSOCIATION I FURTHER CERTIFY that the records on file in this office show that the above named Non- profit Corporation was formed under the laws of the State of WA and was issued a Certificate Of Incorporation in Washington on 12/22/2005. I FURTHER CERTIFY that as of the date of this certificate, OAK RIDGE YELM HOMEOWNER'S ASSOCIATION remains active and has complied with the filing requirements of this office. Date: February 17, 2006 UBI: 602-568-345 -~~ ~.;,~. ~~ , ~ ;, ~ ~C' q T ~,~` ~ ~~" r ~ k` . Given under my hand and the Seal of the State ~ { ~ of Washington at Olympia, the State Capital ~ k ~ ~ f F °~ ~ p ~. ~_ ~~~ ; ~ ~~~~~ Sam Reed, Secretary of State -.~~ ~,: ~ ,- • ,