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20050067 Tahoma Terra - Final Plat Phase I Division 1e_ ~~~ THE p~~ .o YELM WGSNINGTON City of Yelm STAFF REPORT To: Mayor Ron Harding Yelm City Council From: Tami Merriman, Assistant Planner Date: May 2, 2006 (for May 10, 2006 City Council Meeting) Subj: Tahoma Terra Phase 1, Division 1 Final Plat Recommendation Staff recommends City Council approve the final plat for Tahoma Terra, Phase 1, Division 1, SUB-05-0068-YL. Background The Yelm Hearing Examiner approved, with conditions, a conceptual master plan for Tahoma Terra, a final master plan for the portion of Tahoma Terra situated west of Thompson Creek, and a preliminary plat of 89 lots in Division 1 of Tahoma Terra on August 2, 2005. The City Council also approved the final master plan for the portion of Tahoma Terra situated west of Thompson Creek on August 10, 2005. This portion of 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 Quadr Ho eowners Associatio CR's Storm Plat rrect' s Longmire failing Developer Agreement to fix by September 15, 2006 Abandonment of wells deferred to division 2, to achieve water rights transfer Reclaimed water Deferred to division 2, to allow the extension of reclaimed water line in the boulevard. Park facilites Doug finishing the large park Quadrant agreement to complete pocket park prior to C of O of 1St house Hy ant locks aid' Street lights Proof of intolight -waiting for installation Ma' ~r~ ~ ons~ o $`~ m ~~~~, ~~~~@ .a ~ cn~~~~s° o - <` ~ -" ~ ~ c ~~ ~x~~~~ `$~~o -„ .. ~ °, g ~~QN~m ~ ~ °s ~ g~ w a ~_ ~~ ~ 1 O SVVI 1 ~ ~ ~~ :.~. '•• `~~ ~; `~•. 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Mayor Ron Harding Yelm City Council From: Tami Merriman, Assistant Planner Date: May 2, 2006 (for May 10, 2006 City Council Meeting) Subj: Resolution # 466 -Tahoma Terra LID Segregation Attachments: • Application for Segregation of LID Assessment • Resolution No. 466 • Exhibit A -Current Parcel Configuration Map • Exhibit B -Revised Parcel Configuration Diagram • Exhibit C -Segregation of Assessment • Exhibit D - RCW § 35.44.410 Recommendation Adopt Resolution No. 466 authorizing the requested segregation of original assessments in Utility Local Improvement District No. 1 Background On September 29, 1999 the City Council approved Ordinance No. 674 confirming and adopting the final assessments for Utility Local Improvement District No. 1. Section 35.44.410 of the Revised Code of Washington requires that any request for segregation of these assessments be approved by council action. If Council adopts Resolution No. 466 a separate assessment lien will be recorded against each new building lot. These assessments will be enforceable by judicial foreclosure in the even that future annual installments are not paid in a timely manner in accordance with state law. Current Situation Tahoma Terra LLC has submitted a written application and paid the fee to reallocate the existing assessments on property they own based on the projected number of individual lots at final build-out. This action will proportionately redistribute original assessment amounts to final building lots in preparation for the development and sale of final lots to future homeowners in the Tahoma Terra plat. State law requires that segregation "shall be made as nearly as possible on the same basis as the original assessment." Each projected final building lot will be allotted one Equivalent Residential Unit, and the combined assessment total is therefore divided equally between each of the new parcels benefiting from the improvements. The sum of the combined assessments does not change and the estimated market value of these parcels is more than sufficient to cover any future delinquencies should foreclosure action ever become necessary This resolution will become effective immediately upon adoption by the City Council. CITY OF YELM APPLICATION TO SEGREGATE LID ASSESSMENT PLEASE COMPLETE AND City of Yelm, Community Development Department RETURN THIS FORM TO: 105 Yelm Ave. W, P.O. Box 479, Yelm, WA 98597 Property Owner: Tahoma Terra LLC, Mailing Address: 4200 6t" Avenue SE, #301 City, St., Zip: Lacey, WA 98503 Telephone: (360 493-6002 Current Parcels (Tax Parcel No.) Current Assessment Amount 21724310100 $ 227,893.75 21724340100 $ 227,893.75 New Parcel Description Number of ERU's Tahoma Terra, Div 1, Phase 1 Lots 1-89 1 ERU Rer Each Lot Tahoma Terra, Div 1, Tract 2 126 ERU's Tahoma Terra, Div 2, Tract 19 35 ERU's (if additional space is required, please attach the requested information on a separate sheet) 1. The undersigned holds an ownership interest in the above referenced parcels(s) located within a local improvement district in the City of Yelm, Thurston County, Washington. 2. The City of Yelm is hereby requested to segregate the assessment amount(s) listed above in accordance with the new property configuration. 3. This application for segregation of assessment is made under the provisions of § 35.44.4 ] 0 of the Revised Code of Washington. Applicant (please print) Signature Date _/-- -- ~ Rio /Gt/I S ~~ ~~~ ~ ~ -~ %-C7 (,' ASS SMENT SEGREGATTON FEE egregation fee is due per § 35.44.410 of the Revised Code of Washington as a condition of final map approval. The fee for less than 6 new parcels is $885. For segregation requests resulting in 6 or more new parcels, the fee is $1,035 plus $25 for each parcel over 10 parcels. Please include payment with this completed form, Questions may be directed to Public Finance at (425) 885-1604. CITY USE: RECEIPT # ~ DATE: ~/~`~/y~ BY: CITY OF YELM RESOLUTION N0.466 A RESOLUTION OF THE CITY OF YELM, WASHINGTON TO SEGREGATE ORIGINAL ASSESSMENTS UNDER UTILITY LOCAL IMPROVEMENT DISTRICT NO. 1, PURSUANT TO SECTION 35.44.410 OF THE REVISED CODE OF WASHINGTON WHEREAS the City of Yelm has received written application from the property owner of the plat known as Tahoma Terra to segregate an existing assessment within Utility Local Improvement District No. 1 in accordance with Section 35.44.410 of the Revised Code of Washington, and with resulting proportional assessments based on the projected number of individual lots at final buildout; and WHEREAS the parcels to be affected by this segregation are described in the ordinance confirming final assessment amounts as participant numbers 01-082 and 01-083 and identified in the records of Thurston County Assessors Office as tax parcel numbers 21724310100 and 21724340100; and WHEREAS the sum of the combined assessment amounts placed on these two parcels is $455,787.50, as set forth in the final assessment roll confirmed and adopted in Ordinance No 674 on September 29, 1999; and WHEREAS the current parcel configuration is shown on the map attached hereto as Exhibit A; and WHEREAS the revised parcel configuration is shown on the diagram attached as Exhibit B; and WHEREAS this segregation will not jeopardize the security of the assessment lien or reduce the security for any outstanding local improvement district obligations payable from this assessment; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON DOES RESOLVE AS FOLLOWS: Section 1. Segregation shall be made on the original assessment roll of Local Improvement District No. 1, which was confirmed and adopted by Ordinance No. 674 on September 29, 1999. Resolution #466 Section 2. Segregation shall affect assessment account numbers 01-082 and 01-083 of Utility Local Improvement District No. 1 as described in the ordinance adopting final assessment amounts and identified as Thurston County Assessor tax parcel numbers 21724310100 & 21724340100. Section 3. Segregation shall result in 89 new assessments representing one Equivalent Residential Unit for each projected final building lot and the remaining assessment amount will be transferred to two vacant tracts for future development. The total of these new assessments shall be $455,787.50 as shown in Exhibit C, which is equal to the sum of the combined assessment amounts before segregation. ADOPTED by the Council of the City of Yelm, Washington at its regular meeting on the 10th day of May, 2006. CITY OF YELM, WASHINGTON Ron Harding, Mayor AUTHENTICATED: Agnes Bernick, City Clerk PASSED and APPROVED 2006 Resolution #466 Page 2 Exhibit A Tahoma Terra LID Segregation Current Parcel Configuration N A __~_ _ _ _. --.- ~. ~.. -e.~...,~. y ,~, .._,.. ~ _ ~. ~ M . w _. wr_°~ { i ( I ¢ ~... ~ 510 ~ ' I ~~ $~ i ..~ _._. ;_.w. ~_...... ~ .m........,. ._. .~ _..._~~ _.....~ . _ .. ~. .._ ~ .. ~ # (' ~ ! e .~ r d r S ,»« ......, ~ ~ 4~ w.m.-\ b 7. __ ......__ w e,~ .~ i.... j ~ w `a r ~ ~ ~` ..... ,..w~ _... ' ~ q, .._ ,~ ~ ~ f ' w ~ JJ ~'. ~~ F~ If d~ / ~ ~..~ Tar ~ ~. _ _~' ~ '``*,,~ y ~ ~` ti X21; ~ ., 8 ~ ~ ~ '°~ ~~ \/ ~~ i ~, ~ ~~... e ~~ ~,~ _.. .. - ~- x~". .~ ._ ~,, ._. ~ .~ ~ ~M ' ~-, . ~ ~ _ ~ ~ ..._.. ~ - _ `~ ,~ i i f ~ ~ y ~ d jl9dk ' F r ~.!• . .. .,,.... 4 ~ ~ M ~ , __.._ ~ y t ( ,, 50 ( ~ i ._ E ~ ~ ` ~ ~ ~~~~ ~'°" °"~~ j ~ ~ . ~ ~, ,• ~; ,• F r ,~ ~p 4.. t r S f i r ~ ~__ a ~. o ~ _- .. -u«. ..,..,. . .. Exhibit B Tahoma Terra LID Segregation New Lot Configuration N A q ,~-- __ m~ w. .may f ~ -...q '.1 t t ~ ...... ri `a ..... ...... ..... i....,.. .......,..._..... ..... ~... ........ ..... ....... > --- .. ~ - ° f Cw" "^. '......" 4 333#ttt 510 ^' ... ; ~ ..:.........~ _. A. .~.. y ; .....~..... _, .... ~.. .~.. m....e~s _. - -- ~ ~ i ~ ~ _~ ~ --~ 1 e ~~. V.3 5 .... ~..v>.--- .......'.... .....,.... ..... ........... ........ ....... .......~......... .. ....... ...... ...E ~` ~. ~Tat~ioma~Terra - _ ~ _t` -~ ~~, ~--- -~-~17243~ 0100 _ ,i_~ ,: ~ ~~ ~ ~~ 89 L is ' __ ,~-_ a ~ .__ ~~ ~~~' Tract 2 ~ - F Future Development `_ . ~ ~'~ ~ ~~ ~ ~-'~~ Tract 19 = ~ ;~ c ,~ -~ ~ ,"~ Future Development ~ `- ~ ' ~ ~ ~,. ~~ _~ o~ _. __. __ __~ ., . rz -~ f- o i 1. --- ~ ~/ ~ _- - .. ~ ~~~ ~ ~~ I - . ~.? ~~~ .~f ;~~ ,, _.~ . , .~. ._ ~...~ ~. ~ -n - ~. ;~-~ ~ ~ ~ , ~. ~ ~_ -° ~ ~ ~ t --- _ -~ _ ~ i ..,. w,w ;.....507 ~ 'r '> s ,'~' ~ w ~__ `°"~ ~ -~ m Exhibit C Segregation of Assessment CITY OF YELM, WASHINGTON Utility Local Improvement District No. 1 ORIGINAL ASSESSMENTS Account Tax Parcel Number Assessment ERUs Rem Balance 01-082 21724310100 $227,893.75 125 $136,736.23 01-083 21724340100 $227,893.75 125 $136,736.23 $455,787.50 250 $273,472.46 AMENDED ASSESSMENTS Account Parcel Description Assessment ERUs Rem Balance 01-082-01 Tahoma Terra Div 1, Lot 1 $464.62 1 $278.79 01-082-02 Tahoma Terra Div 1, Lot 2 464.62 1 278.79 01-082-03 Tahoma Terra Div 1, Lot 3 464.62 1 278.79 01-082-04 Tahoma Terra Div 1, Lot 4 464.62 1 278.79 01-082-05 Tahoma Terra Div 1, Lot 5 464.62 1 278.79 01-082-06 Tahoma Terra Div 1, Lot 6 464.62 1 278.79 01-082-07 Tahoma Terra Div 1, Lot 7 464.62 1 278.79 01-082-08 Tahoma Terra Div 1, Lot 8 464.62 1 278.79 01-082-09 Tahoma Terra Div 1, Lot 9 464.62 1 278.79 01-082-10 Tahoma Terra Div 1, Lot 10 464.62 1 278.79 01-082-11 Tahoma Terra Div 1, Lot 11 464 62 1 278.79 01-082-12 Tahoma Terra Div 1, Lot 12 464.62 1 278 79 01-082-13 Tahoma Terra Div 1, Lot 13 464.62 1 278.79 01-082-14 Tahoma Terra Div 1, Lot 14 464.62 1 278.79 01-082-15 Tahoma Terra Div 1, Lot 15 464.62 1 278.79 01-082-16 Tahoma Terra Div 1, Lot 16 464.62 1 278.79 01-082-17 Tahoma Terra Div 1, Lot 17 464.62 1 278.79 01-082-18 Tahoma Terra Div 1, Lot 18 464.62 1 278.79 Oi-082-19 Tahoma Terra Div 1, Lot 19 464.62 1 278.79 01-082-20 Tahoma Terra Div 1, Lot 20 464.62 1 278.79 01-082-21 Tahoma Terra Div 1, Lot 21 464.62 1 278.79 01-082-22 Tahoma Terra Div 1, Lot 22 464.62 1 278.79 01-082-23 Tahoma Terra Div 1, Lot 23 464.62 1 278.79 01-082-24 Tahoma Terra Div 1, Lot 24 464.62 1 278.79 Page i o(3 AMENDED ASSESSMENTS Account Parcel Description Assessment ERUs Rem Balance 01-082-25 Tahoma Terra Div 1, Lot 25 1,823.15 1 1,093.91 01-082-26 Tahoma Terra Div 1, Lot 26 1,823.15 1 1,093.91 01-082-27 Tahoma Terra Div 1, Lot 27 1,823.15 1 1,093.91 01-082-28 Tahoma Terra Div 1, Lot 28 1,823.15 1 1,093.91 01-082-29 Tahoma Terra Div 1, Lot 29 1,823.15 1 1,093.91 01-082-30 Tahoma Terra Div 1, Lot 30 1,823.15 1 1,093.91 01-082-31 Tahoma Terra Div 1, Lot 31 1,823.15 1 1,093.91 01-082-32 Tahoma Terra Div 1, Lot 32 1,823.15 1 1,093.91 01-082-33 Tahoma Terra Div 1, Lot 33 1,823.15 1 1,093.91 01-082-34 Tahoma Terra Div 1, Lot 34 1,823.15 1 1,093.91 01-082-35 Tahoma Terra Div 1, Lot 35 1,823.15 1 1,093.91 01-082-36 Tahoma Terra Div 1, Lot 36 1,823.15 1 1,093.91 01-082-37 Tahoma Terra Div 1, Lot 37 1,823.15 1 1,093.91 01-082-38 Tahoma Terra Div 1, Lot 38 1,823.15 1 1,093.91 01-082-39 Tahoma Terra Div 1, Lot 39 1,823.15 1 1,093.91 01-082-40 Tahoma Terra Div 1, Lot 40 1,823.15 1 1,093.91 01-082-41 Tahoma Terra Div 1, Lot 41 1,823.15 1 1,093 91 01-082-42 Tahoma Terra Div 1, Lot 42 1,823.15 1 i ,093.91 01-082-43 Tahoma Terra Div 1, Lot 43 1,823.15 1 1,093.91 01-082-44 Tahoma Terra Div 1, Lot 44 1,823.15 1 1,093.91 01-082-45 Tahoma Terra Div 1, Lot 45 1,823.15 1 1,093.91 01-082-46 Tahoma Terra Div 1, Lot 46 1,823.15 1 1,093.91 01-082-47 Tahoma Terra Div 1, Lot 47 1,823.15 1 1,093.91 01-082-48 Tahoma Terra Div 1, Lot 48 1,823.15 1 1,093.91 01-082-49 Tahoma Terra Div 1, Lot 49 1,823.15 1 1,093.91 01-082-50 Tahoma Terra Div 1, Lot 50 1,823.15 1 1,093.91 01-082-51 Tahoma Terra Div 1, Lot 51 1,823.15 1 1,093.91 01-082-52 Tahoma Terra Div 1, Lot 52 1,823.15 1 1,093.91 01-082-53 Tahoma Terra Div 1, Lot 53 1,823.15 1 1,093.91 01-082-54 Tahoma Terra Div 1, Lot 54 1,823.15 1 1,093.91 01-082-55 Tahoma Terra Div 1, Lot 55 1,823.15 1 1,093.91 01-082-56 Tahoma Terra Div 1, Lot 56 1,823.15 1 1,093.91 01-082-57 Tahoma Terra Div 1, Lot 57 1,823.15 1 1,093.91 01-082-58 Tahoma Terra Div i , Lot 58 1,823.15 1 1,093.91 01-082-59 Tahoma Terra Div 1, Lot 59 1,823.15 1 1,093.91 01-082-60 Tahoma Terra Div 1, Lot 60 1,823.15 1 1,093.91 01-082-61 Tahoma Terra Div 1, Lot 61 1,823.15 1 1,093.91 01-082-62 Tahoma Terra Div 1, Lot 62 1,823.15 1 1,093.91 01-082-63 Tahoma Terra Div 1, Lot 63 1,823.15 1 1,093.91 01-082-64 Tahoma Terra Div 1, Lot 64 1,823.15 1 1,093.91 Oi -082-65 Tahoma Terra Div 1, Lot 65 1,823.15 1 1,093.91 01-082-66 Tahoma Terra Div 1, Lot 66 1,823.15 1 1,093.91 Page 2 0! 3 AMENDED ASSESSMENTS Account Parcel Description Assessment ERUs Rem Balance 01-082-67 Tahoma Terra Div 1, Lot 67 1,823.15 1 1,093.91 01-082-68 Tahoma Terra Div 1, Lot 68 1,823.15 1 1,093.91 01-082-69 Tahoma Terra Div 1, Lot 69 1,823.15 1 1,093.91 Oi-082-70 Tahoma Terra Div 1, Lot 70 1,823.15 1 1,093.91 01-082-71 Tahoma Terra Div 1, Lot 71 1,823.15 1 1,093.91 01-082-72 Tahoma Terra Div 1, Lot 72 1,823.15 1 1,093.91 01-082-73 Tahoma Terra Div 1, Lot 73 1,823.15 1 1,093.91 01-082-74 Tahoma Terra Div 1, Lot 74 1,823.15 1 1,093.91 01-082-75 Tahoma Terra Div 1, Lot 75 1,823.15 1 1,093.91 01-082-76 Tahoma Terra Div 1, Lot 76 1,823.15 1 1,093.91 01-082-77 Tahoma Terra Div 1, Lot 77 1,823.15 1 1,093.91 01-082-78 Tahoma Terra Div 1, Lot 78 1,823.15 1 1,093.91 01-082-79 Tahoma Terra Div 1, Lot 79 1,823.15 1 1,093 91 01-082-80 Tahoma Terra Div 1, Lot 80 1,823.15 1 1,093.91 01-082-81 Tahoma Terra Div 1, Lot 81 1,823.15 1 1,093.91 01-082-82 Tahoma Terra Div 1, Lot 82 1,823.15 1 1,093.91 01-082-83 Tahoma Terra Div 1, Lot 83 1,823.15 1 1,093.91 01-082-84 Tahoma Terra Div 1, Lot 84 1,823.15 1 1,093.91 01-082-85 Tahoma Terra Div 1, Lot 85 1,823.15 1 1,093.91 01-082-86 Tahoma Terra Div 1, Lot 86 1,823.15 1 1,093.91 01-082-87 Tahoma Terra Div 1, Lot 87 1,823.15 1 1,093.91 01-082-88 Tahoma Terra Div 1, Lot 88 1,823 15 1 1,093.91 01-082-89 Tahoma Terra Div 1, Lot 89 1,823.15 1 1,093.91 01-0828 Tahoma Terra Div 1, Tract 2 229,716.90 126 137,828.73 01-0838 Tahoma Terra Div 2, Tract 19 63,810.25 35 38,285.74 91 Assessed Parcels $455,787.50 250 $273,472.46 Page 3 0/ 3 EXHIBIT D RCW §35.44.410 RCW §35.44.410 Segregation of assessments. Whenever any land against which there has been levied any special assessment by any city or town shall have been sold in part or subdivided, the legislative authority of that city or town shall have the power to order a segregation of the assessment. Any person desiring to have such a special assessment against a tract of land segregated to apply to smaller parts thereof shall apply to the city or town which levied the assessment. If the legislative authority thereof determines that a segregation should be made, it shall by resolution order the city or town treasurer to make segregation on the original assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part. A certified copy of the resolution shall be delivered to the city or town treasurer who shall proceed to make the segregation ordered upon being tendered a fee often dollars for each tract of land for which a segregation is to be made. In addition to such charge the legislative authority of the city or town may require as a condition to the order of segregation that the person seeking it pay the city or town the reasonable engineering and clerical costs incident to making the segregation. No segregation need be made if the legislative authority of the city or town shall find that by such segregation the security of the lien for such assessment will be so jeopardized as to reduce the security for any outstanding local improvement district obligations payable from such assessment. [1969 ex.s, c 258 § lOJ 2~Ob-04-30 13:25 pest9n03 ~av 22 05 10:52a RGO Ins, 2005-11-21 19:3« p~sL9n03 I I~ T Q'~ ~~ T + 425-462-3149 » 3b044b2972 P 3/5 1360)446-2972 P•2 425.4bZ-3349 » 360 44b 2972 P Z/4 ,•,y +tuM+AV~nue N! (d;o! g5lr .fr,94.n PODO%yOB~,EST9w ty~~lna%'i~h9/+ tSrflvvut WuSt,+f,tto{1 UKuuq uBGN ~ •Snro+q •~,vn ~-hnm rn~N ~mm,l r~,.,~y STRF.RT LH:ttTtric: A(17'HURlI.ATIt)tV l.F.l°TF+R NtTVtntber 21, 2045 trot:g Rlp<>n, Rainiar GetxrUl Ucveloptttent lttC PUUOxb2~ Rn,oitK, WA r}N57fi 2ti Srrcct i+i~ht Far'1"~hatnr "1r'crrx llcwrlupmeat ~brtst t, Lon~mitr StrtCt, )rltYly Vslity RJ & PIgE iolerior. Dear Doug Tht: ut~t for this m+tsilaeinn Uf 10-35' Bc 16-25' Moulttin~ llerkht Gtnon Exptra Jt~-nyate Crmcretr !'u1e!v, tlh25i18t 16•tOtf Watt YcSm Gran i=rxtures t1n 8' Arrrts uncf k.~Ct+ndtuy Circuitry is S 7l.Ut'lU.tlil it is band Ott the description 111 the Gusl0itt SttY:tt Lighting Utdsr ettdased. Thts cstirrtalC is yahtt ter 9t1 rlayx, ilrrrrn ~yun»Itti+tsi,tsr tttyr rrlttta atlbp bf 1hFS slrset Itehli a sy~t;~l wall bn >~ur_v1in~ navttaent in full rrer our sercement. Allcr rrvicvriay the 4~ncio:rcd please sign and helurn this AUtlWrltAtlan Letter, CUSWm Strtlet ! •tLhltrtb fhth-r. Raturh une CUPS' is the self t+ddress envetotK proridcd, Mott relaia the utker Copy fa+' your fFfe, llpnn r't;celpt a[ the signed ag-~emsnt and your payuteat rlure to a 14.12 week Walling pmrulf hn uw to prr,wn: the ucucsxaty ntgttrifll5 fbe retlbvrirlt Yrp eontldrb~as thAl bray LC rcgatral before ctlnafr•NNitrs of thi+r syrttstn: 1 trt the araa wham: we an: lrlttcinl; rru: esbk~ ertd tiquiprt,ent, it is Itteessary that bt6a bt wtthin knit (d) rnebes of gr:ede, If nat, yqu tnny be t~utred to pqx the s.cnt,>! rrl,wulmg ur rchurying nor 1hC1JitItS• ~, Loc;rte and n,prk all prvvxtely <rwricJ untlt:r~round faC+littcs, 3. Right-oGway and1~ l;nsetnenty ntay alr,cr be ruyuind InHn yt-u ar ndjac«tt prapelry owners. 4 Please Vote thpt the in~tall,unrn may nrK m,~ct the Itlurnirtation l.ngirtOering Soriaty's Mrnimum standard fbT roadwAy Irglutng laveis. S, RCSlaratlan is I1Rl dIClUtied tar present unns[rucaian ur i~+ ll+r• r'CInOvOf Uf pxtuvAtdd Rtatet'l~ls, G, ProrWe tr<'„ct-inR, cbrtJuit, hark ~ltirrK rnd pnie hak 6" Lat'gcr r Dan e`P1nztSr'fghC which is to be 18" in Diameter Bc 16-!C' ~ 1O-rs` I.enKth CnKgr,7ltr!(t pltlYth clrlYCrt ppc or C(ltllYi•tCltt. (SCt: ptt71e11ed) 1, !f Per,bNs of 1 laggers are r>rgUired for pccsent t:ontatttvttort ,t ig your nslttutr-ihif,ty 4, ramrtwrsc F~F thex4 t.,rst.. $. U~roraseen soil ur »svamtnl Condctran, ;rru nut ,nt;ltx{id and it is Tw,r respbnsiblliry io reimburse PSf« for thesr Costs. 9 rteq~{r prgvtda atria tip~lleg imA~rtlytit~a AtldLLltl Itlttf platx, UBtC: ~/5 OG• _ Hy vigrurrg thi, LC'ttcr,.t;uSlalt Street LightiY-~ tltder and raturtltn~ tt, yt)u Itre 5-~ttng that yWt wrfl arml,iy with tifurc rcqurn;rrrr:nN tent nulh,rni~ uv to parParm the work When the t:vndtigenuics have been Met, this order wtl} be nknsed to ct>rutructiun htt ~cheJubng 11' ycru have mrty yu<etiuns, ptt:e5c cell ttte to 4Z5-456-2595 ~ltt ly ie ' ,ZtnYtck , enun/ Manager, 1 itehtmg 4crvieu, Thu dnuv~ t:antrnbCncrea are acaeptarl anJ authonzahon ,f Civctt: f' ~. 33~~ THFi®IYIP~ T~9lS7Mp ~9..4f P.O EtOX 627 RAINIER, WA 98576 PH (360) 446-3083 - - _ - 9$-860-1251 QATE ~%'- <; PAY TO THE - -- % i "{~ ORDER OF `~- ~ =- ----~~ ~, , sauth~aaaaad~a,nk,~,,~.k _ _- 45301ecey BNC SE ypYl ~ - - - - ~ ,/ ' `~y."""~' `~„SZ~,;~ . -~_ -.:~N O T N -E"G;OrT=1 A B L E ' II'00 3 3 5 211' ~: 1 2 5 108609co0 2 5000 5-2"38n' TAHOMA TERRA, LLC ' P O BOX 627 RAINIER, WA 98576 I i DATE EMPLOYEE DELUXE BUSINESS FORMS 1+800-328-0304 www del~xeforms tam DEL~1)4E -FORM QVGC-2 V-6 DESCRIPTION AMOUNT _ DISTRIBUTIONS ACCT NO AMOUNT EARNINGS DEDUCTIONS PERIOD TOTAL TOTAL ENDING HOURS RATE AMOUNT EARNED AT OVERTIME AND OTHER EARNINGS FICA ~'VITHHOLDING U S INC TAX STATE INCOME TAX DEDUCTIONS NET PAY REGULAR RATE V-6 ~~~ ~~y e~: gTATg `m? q~A ~~~ ~ Of ~ c~ q O~ EA t~ 1 y Cp Y y s tl'fb a { ~.' ~ '~ x oA~ '} . aQp ~ c~ 04~- ~/ ,, `~ ~p~ ~YI~ ~~ po ~4... L 1889 ,~~ 4 ~e~re~~r~ o~ ~tat~ I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to TAHOMA TERRA RESIDENTIAL ASSOCIATION a/an WANon-Profit Corporation. Charter documents are effective on the date indicated below. Date: 3/14/2006 UBI Number: 602-594-244 APPID: 514155 ~.~ ~T A~F G ~ ~~ o ~~ ~ ~ ~ Given under my hand and the Seal of the State of 1~Vash~nbton at Olympia, the State Capital Sam Reed, Secretary of State ~`"° , ~~ Q ~._ 1$ 89 Page 1 of 1 RGD From : "David Kerruish" <david@kerruishlaw com> To : "'Adair, Amelia"' <Amelia.Adair@quadranthomes com>, "'RGD"' <rgdinc@ywave.com> Date : Tue, Mar-14-2006 2:50 PM Subject : 102 037 The Quadrant Corporation - Tahoma Terra/Washington Secretary of State Online Filing Status For your information. -----Original Message----- From: OnlineForms@secstate.wa.gov [mailto:OnlineForms@secstate.wa.gov] Sent: Tuesday, March 14, 2006 2:48 PM To: david@kerruishlaw.com Subject: Washington Secretary of State Online Filing Status Your online application to register a Nonprofit Corporation has been received and successfully entered into our system. The information contained in your application will be reviewed during the next business day. You will be notified of any missing or incorrect information. For your reference the application id is: 514155 And the requested Corporation Name: TAHOMA TERRA RESIDENTIAL ASSOCIATION Please refer to this Tracking Number when contacting us: 1069272 Sincerely, The Corporations Staff 3/14/2006 Page 1 of 1 RGD From : "David Kerruish" <david@kerruishlaw com> To : "'Adair, Amelia"' <Amelia.Adair@quadranthomes.com>,"'RGD"' <rgdmc@ywave.com> Date : Tue, Mar-14-2006 250 PM Subject : 102.037 The Quadrant Corporation - Tahoma Terra/Washington Secretary of State Online Filing Status For your information. -----Original Message----- From: OnlineForms@secstate.wa.gov [mailto:OnlineForms@secstate.wa.gov] Sent: Tuesday, March 14, 2006 2:48 PM To: davidC~kerruishlaw.com Subject: Washington Secretary of State Online Filing Status Your online application to register a Nonprofit Corporation has been received and successfully entered into our system. The information contained in your application will be reviewed during the next business day. You will be notified of any missing or incorrect information. For your reference the application id is: 514155 And the requested Corporation Name: TAHOMA TERRA RESIDENTIAL ASSOCIATION Please refer to this Tracking Number when contacting us: 1069272 Sincerely, The Corporations Staff 3/14/2006 S~Kee O O 1~~0 Sanlta tlon, Inc. ~S'e~u~~e ~~ a~~ s,~ee~~~~./ Septic Tank Pumping Serving Thurston, Lewis & Pierce Counties Date: ~/' ~~os-' _ Technician: Name $~~4~ Licensed Bonded Insured FULLMMS977M9 OMT #00713 449 Wickman St. S. Tenino, WA 98589 - (360) 264-4644 Olympia (360) 943-1722 .~ Centralia (360) 736-2033 Name Address ~U'`' y,~' ~ - Address :' ~~ ~ '~ ~ ` ~ u ~ rJ City~,'%t ~Lz~ ::~ .ter-, ST ~L` Zip ~ ~ ~~ 7~ Phone # ~~- ~ i ~ City ~ /~ j ST! /~ Zip , Phone # Septic Tanki ~'~~' Gallons ~' Comp ,® Concrete ^ Plastic ^ Risers Pump Chamber ---- Gallons ^ Concrete ^ Plastic ^ Risers INLET BAFFLE OUTLET BAFFLE Intact Yes / No ^ Intact ^ Corroded ^ Screened Water Levels Normal Yes / No SYSTEM TYPE ^ Gravity ^ Pressure ^ Mound ^ Sand Filter ^ Other Next Service Due / / Health Letter Yes / No I -r r' 1757 ~/CG < .>/r~•./~ ~ G G' Septic Pump ~ dmt. G- 5 ~~- / ~~U.. ~ Pump Chamber Service Call_ Uncover/Cover. Repairs Amt. Amt. Amt. Amt. Discount ~'y< Sub Total ~~ %~ ~ ~ Tax 3 C . `~' Cr y7~ ~'~ TOTAL ' ~ ~ %/ ~f~i ,~ ` / ,;. CHECK# ^ CASH ~~ CHG ^ ESCROW ^ CREDIT CARD # EXP / i /j Signature Date ACCOUNT 30 DAYS + SUBJECT TO 1.8% CHG/PER MO. $25.00 CHARGE FOR ALL RETURNED CHECKS. CUSTOMERS ARE RESPONSIBLE FOR ALL APPLICABLE COLLECTION FEES ~~aaa~~au~aZ 2'°~r~c ~uairie¢d i~ ~~' T'I-~~JRS'I'ON C®UN'I'Y K~~ ~1YIV~AI~T ° ALT~I'~'®R. SINCE 185? Issued to: Date Doug Bloom Rainier General Development Inc P.~. Box 627 Rainier, WA 98576 August 22, 2005 The Plat name, TAHOMA TERRA, has been reserved for future use by Rainier General Development Inc. I certify that I have checked the records of previously issued and reserved map names. The requested name has not been previously used in Thurston County nor is it currently reserved by any party. This reservation will expire on August 22, 2006, one year from issuance. It may be renewed one year at a time. If the plat/map has not been ~ ecorded ~r the reservation renewed by the above date, it will be deleted. Terra Howell Assistant Recording Manager Please present this certificate at the time of recording. 2000 Lalcelidge Dnve SW, 015~mpla, Washington 98502-6090 (360) 786-5224 R, , ~~~ ~, r,, ~~~as FAX (360) 786-5223 E-mail auditor@co thulston wa us THURSTON COUNTY SINCE 1652 KIM WYMAN AUDITOR ~L ~~ ~A~~ ~~~~~~~ `~~~'~IQ'~ C' ~' ~T~'~~~~C~T Issued to: Doug Bloom Rainier General Development Inc P.O. Box 627 Rainier, WA 98576 Date: August 22, 2005 The Plat name, TAHOMA TERRA, has been reserved for future use by Rainier General Development Inc. I certify that I have checked the records of previously issued and reserved map names. The requested name has not been previously used in Thurston County nor is it currently reserved by any party. This reservation will expire on August 22, 2006, one year from issuance. It may be renewed one year at a time. If the plat/map has not been recorded or the reservation renewed by the above date, it will be deleted. ~~~~~~ Terra Howell Assistant Recording Manager Please present this certificate at the time of recording. 2000 L kend e Drive SW Ol m is Washlnoton 98502-6090 360 ~86-522 a g ' y ~ ' ° ( ~ ~ 4 Rec~~cled Paper ~~--~ss FAX (360) 786-5223 E-mail auditorCco.thurston.wa us After recording return to: Yelm Community Schools District No. 2 P. O. Box 476 Yelm, WA 98597 Attn: Erling M. Birkland MITIGATION AGREEMENT Reference No: MPD-OS-0067-YL Grantor: 1 Tahoma Terra LLC 14848 Longmire Street SE Yelm, WA 98597 Grantee: 1. Yelm Community Schools Dist. 2 Legal Description: S24-T17N-R1E, 14848 Longmire Street SE Assessor's Property Tax Parcel Number/Account Number: 21724310100, 21724320000, 21724330000,21724340100,21723410000,21723440000 THIS MITIGATION AGREEMENT ("Agreement") is made this ; ~ of ~-~ :,-.~~ i , 2005, between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the "District") and Tahoma Terra, LLC (the "Developer") RECITALS A. The Developer has submitted an application to City of Yelm for the construction of a 796-lot single-family subdivision, and 340 multi-family units, Tahoma Terra near Yelm, Wash. (the "Project"). The Project is located on property that lies within District boundaries, more particularly described on Exhibit A, attached hereto and incorporated herein by reference. B. The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), provides processes and procedures whereby major actions by state and local agencies, including, but not limited to, plat or PUD approval or the issuance of building permits, may be reviewed to determine the nature and extent of their impact on the environment. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse environmental impacts. C. The District's student population and growth projections indicate that the Project will have an impact on the District, when cumulative impacts of other projects are considered. D. RCW 82.02.020 authorizes the District to enter into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Project. 3775281 IIIIIIIIIII Ppg12l2005 02446P I IIIIII III II III (IIIIII III II Ilill IIIIII (III Co Wa YELM COMMUNITY SCHOOLS AGR $35 00 Thurston E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to recommend that the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation measures where appropriate. F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the Project on the District. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants below, the District and the Developer agree as follows: 1. The Developer acknowledges and agrees that there is a direct impact on the District as a result of the Developer's Project and that this Agreement is necessary as a result of that impact. 2. The Developer acknowledges and agrees that in order to mitigate the direct impact of the Project, the Developer has offered to pay the District the following sum of money: Two Thousand One Hundred Forty Dollars and no/100 ($2,140.00) for each single-family lot in the subdivision or the total sum of One Million Seven Hundred Three Thousand Four Hundred Forty Dollars and no/100 ($1,703,440.00) (the "Mitigation Payment") for the 796 single-family lots of the subdivision; One Thousand One Hundred Thirty Dollars and no/100 ($1,130 00) for each multi-family unit in the subdivision or the total of Three Hundred Eighty-Four Thousand Two Hundred Dollars and no/100 ($384,200.00) for the 340 multi-family units of the subdivision The amount referenced by this paragraph is subject to change pursuant to paragraph 4 below. 3. Any extension, renewal, modification or amendment to the Project that results in an adjustment in the number of lots shall result in a corresponding pro rata adjustment in the Mitigation Payment. 4. The Developer agrees that the payment of the full Mitigation Payzr-ent (in the amount of Two Thousand One Hundred Forty Dollars and no/100 ($2,]40.00) per single-family dwelling unit or One Million Seven Hundred Three Thousand Four Hundred Forty Dollars and no/100 ($1,703,440.00) and One Thousand One Hundred Thirty Dollars and no/100 ($1,130.00) per multi-family unit or Three Hundred Eighty-Four Thousand Two Hundred Dollars and no/100 ($384,200.00)) for the project, shall be a condition of building permit issuance for each single family dwelling in the project. If building permit issuance does not occur within Five (5) years from the date of this Agreement, the amount due for mitigation, as stated in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation agreement to which the District is a party. A copy of such agreement shall be made available to Developer upon request. 5. The District agrees to record this Agreement after it has been executed by the parties. 6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be used for capital improvements to the following facilities: Fort Stevens Elementary School, Prairie Elementary School, Lackamas Elementary School, Southworth Elementary School, Mill Pond Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities that may be affected by the Project and/or the purchase of portable facilities and/or school buses. 7. The Developer agrees that the District has five (5) years from the payment date to spend the Mitigation Payment for the capital improvements or expenditures described in paragraph 6. In the event that the Mitigation Payment is not expended within those five years, the moneys will be refunded with interest at the rate applied to judgments to the property owners of record at the time of refund; however, if the Mitigation Payment is not expended within five years due to delay which is attributable to the Developer, the Payment shall be refunded without interest. 8 The Developer waives and relinquishes its right to protest or challenge the payment of the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, claim, or challenge or proceeding to challenge this Agreement, claim any repayment or reimbursement of funds, ~II 3775281 ~~~ ~~~ IIIII IIII ~ I PO/~12/2005 02446P IIIIIIIIIIIIIIIIIII Illill Iilll (IIII YELM COMMUNITY SCHOOLS RGR $35 00 Thurston Co Wa performance or improvements provided for therein, or any of its terms and conditions, on any ground or basis whatsoever. 9. The District hereby waives any objection to the Project as presently proposed 10. The District and the Developer agree that the Mitigation Payment will be full and complete mitigation for the impact of the Project as presently proposed on the District. 11. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of both of the Developer and the District. 12. if an action must be brought to enforce the terms of this Agreement, such action shall be brought in Thurston County Superior Court. The prevailing party shall be entitled to payment of its costs and reasonable attorneys' fees. 13. This Agreement constitutes the entire agreement between the parties and any other agreement either written or oral shall be null and void. EXHIBIT A LEGAL DESCRIPTION General Location: 14848 Long_mire Street SE Section 24 Township 17N Range 1 E Land Area: 220+ acres Tax Parcel I~'urnber: 21724310100, 21724320000, 21724330000, 21724340100, 21723410000, 21723440000 Description: 796 single-family lots, 340 multi-family units YELM COM1MUNITY SCHOOLS DISTRICT NO. 2 DATED: ! ~~ ~ ~ ~ ~ By: Alan Burke Its: Superintendent STATE OF WASHINGTON ) }SS COUNTY OF THURSTON ) 1 certify that I know or have satisfactory evidence that Alan Burke is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Superintendent of the Yelm Community Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this ay of ~~~Q~_, 2005 ~, ~~ ~'~~~~""` ` O IC in and for the State of 'Q..S~ENSq~ ~--,~ ashington, residing at s ~~',~~ON ~Pj '• ;~ ~i~ My Commission Expires. ~ n- ~ 4~-~ ~ =~~ '(PRY ~'; '~, ~'•., p: ' 3775281 1,,~ TF OF ~~~` Page 3 of 4 III IIII IIII 1 D / 1212005 02 46P IIIIIIIIIII IIIIIIIIIIII Iillllllllll ~ 111111 II YELM COMMUNITY SCHOOLS AGR $35 00 Thurston Co Wa __ DATED: . ~- - is -~:, ~ r ~-~-- ~~~ n---~ By: ~ ;I'Joug Bloom, RainLe eneral Dev. Its Developer STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that~~~:~lu~li~ ~k~~~a~•~ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the applicant for this subdivision to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this ~ day of ; %l T~~~r' , 2005 t` ~ L H Is' ~ - . ~~ err _. h. ~ ~! ~ ~~`~~`~-•-°•••• j' ~~ /Al0 ARY PUBLIC in and tEor the State of ~:• ~~ OTgR~fA 9~ = ~"" °shington, residing at L,/~~% Cry ~ ~ r ~; My Commission Expires. G' '7-/ ~/ "~'7 O ~~~ m: ~ ~'U PUBLIC ~~• ~ ~ ~~~~,0 p r1,Ai; ;````~~ VIII VIIIIIIIII I IIIIIII III IIII II Iilll I I it FG9SZOOSOG2446P YELM COMMUNITY SCHOOLS RGR $35 00 Thurston Co Wa After recording return to: Yelm Community Schools District No. 2 P. O. Box 476 Yelm, WA 98597 Attn: Erling M. Birkland MITIGATION AGREEMENT Reference No: MPD-OS-0067-YL Grantor: 1. Tahoma Terra LLC 14848 Longmire Street SE Yelm, WA 98597 Grantee: 1. Yelm Community Schools Dist. 2 Legal Description: S24-T17N-R1E, 14848 Longmire Street SE Assessor's Property Tax Parcel Number/Account Number: 21724310100, 21724320000, 21724330000,21724340100,21723410000,21723440000 THIS MITIGATION AGREEMENT ("Agreement") is made this ; ~> of ~~~. -~z i , 2005, between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the "District") and Tahoma Terra, LLC (the "Developer") RECITALS A. The Developer has submitted an application to City of Yelm for the construction of a 796-lot single-family subdivision, and 340 multi-family units, Tahoma Terra near Yelm, Wash. (the "Project"). The Project is located on property that lies within District boundaries, more particularly described on Exhibit A, attached hereto and incorporated herein by reference. B. The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), provides processes and procedures whereby major actions by state and local agencies, including, but not limited to, plat or PUD approval or the issuance of building permits, may be reviewed to determine the nature and extent of their impact on the environment. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse environmental impacts. C. The District's student population and growth projections indicate that the Project will have an impact on the District, when cumulative impacts of other projects are considered. _ D. RCW 82.02.020 authorizes the District to enter into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Project. 3775281 II IIII IIII FO 912 / 2005 02 46P Illillllli Illlllllllll IIIIIIIIIIII Wa IIIIIIIIIII ston Co. YELM COMMUNITY SCHOOLS AGR $35.00 Thur E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to recommend that the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation measures where appropriate. F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the Project on the District. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants below, the District and the Developer agree as follows: 1. The Developer acknowledges and agrees that there is a direct impact on the District as a result of the Developer's Project and that this Agreement is necessary as a result of that impact. 2. The Developer acknowledges and agrees that in order to mitigate the direct impact of the Project, the Developer has offered to pay the District the following sum of money: Two Thousand One Hundred Forty Dollars and no/100 ($2,140.00) for each single-family lot in the subdivision or the total sum of One Million Seven Hundred Three Thousand Four Hundred Forty Dollars and no/100 ($1,703,440.00) (the "Mitigation Payment") for the 796 single-famil.~ of the subdivision; One Thousand One Hundred Thirty Dollars and no/100 (1,130.00) for each multi-family unit in the subdivision or the total of Three Hundred Eighty-Four Thousand Two Hundred Dollars and no/100 ($384,200.00) for the 340 multi-familyunits of the subdivision. The amount referenced by this paragraph is subject to change pursuant to paragraph 4 below. 3. Any extension, renewal, modification or amendment to the Project that results in an adjustment in the number of lots shall result in a corresponding pro rata adjustment in the Mitigation Payment. 4. The Developer agrees that the payment of the full Mitigation Payment (in the amount of Two Thousand One Hundred Forty Dollars and no/100 ($2,140.00) per single-family dwelling unit or One Million Seven Hundred Three Thousand Four Hundred Forty Dollars and no/100 ($1,703,440.00) and One Thousand One Hundred Thirty Dollars and no/100 ($1,130.00) per multi-family unit or Three Hundred Eighty-Four Thousand Two Hundred Dollars and no/100 ($384,200.00)) for the project, shall be a condition of building permit issuance for each single family dwelling in the project. If building permit issuance does not occur within Five (5) years from the date of this Agreement, the amount due for mitigation, as stated in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation agreement to which the District is a party. A copy of such agreement shall be made available to Developer upon request. 5. The District agrees to record this Agreement after it has been executed by the parties. 6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be used for capital improvements to the following facilities: Fort Stevens Elementary School, Prairie Elementary School, Lackamas Elementary School, Southworth Elementary School, Mill Pond Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities that may be affected by the Project and/or the purchase of portable facilities and/or school buses. 7. The Developer agrees that the District has five (5) years from the payment date to spend the Mitigation Payment for the capital improvements or expenditures described in paragraph 6. In the event that the Mitigation Payment is not expended within those five years, the moneys will be refunded with interest at the rate applied to judgments to the property owners of record at the time of refund; however, if the Mitigation Payment is not expended within five years due to delay which is attributable to the Developer, the Payment shall be refunded without interest. 8. The Developer waives and relinquishes its right to protest or challenge the payment of the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever refrains and desists from instituting, asserting, filing or bringing_any_la_wsuit, litigation, claim, or__ ___ challenge or proceeding to challenge this Agreement, claim any repayment or reimbursement of funds, 13775281 VIII Iill III POg 2/2005 02446P IIIIIIilllllll IIIIIIIIIIIIIIIIIII Illillll YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co Wa performance or improvements provided for therein, or any of its terms and conditions, on any ground or basis whatsoever. 9. The District hereby waives any objection to the Project as presently proposed. 10. The District and the Developer agree that the Mitigation Payment will be full and complete mitigation for the impact of the Project as presently proposed on the District. 11. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of both of the Developer and the District. 12. If an action must be brought to enforce the terms of this Agreement, such action shall be brought in Thurston County Superior Court. The prevailing party shall be entitled to payment of its costs and reasonable attorneys' fees. 13. This Agreement constitutes the entire agreement between the parties and any other agreement either written or oral shall be null and void. EXHIBIT A LEGAL DESCRIPTION General Location: 14848 Longmire Street SE Section 24 Township 17N Range lE Land Area: 220+ acres Tax Parcel Number: 21724310100, 21724320000, 21724330000, 21724340100, 21723410000, 21723440000 Description: 796 single-family lots, 340 multi-family YELM COMMUNITY SCHOOLS DISTRICT N0.2 DATED: ! ~r ~ C ° ~ By: Alan Burke Its: Superintendent STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that Alan Burke is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Superintendent of the Yelm Community Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this day of , 2005 ,.~``'~~~~~~~`~~~ O IC in and for the State of ~~ ,~~~~'~' oN.~lgQ~~rllo My Commission Expires .~ ~. ~- ~~~~~ ~pRY ,~r ;~ ,~ ~~' s T p Vd 3775281 II IIII IIII Pp 9 2! 2005 02 46P III III III IIIIIIIIII Iilllllll IIIIIIIIII 1111111 YELM COMMUNITY SCHOOLS RGR $35.00 Thurston Co Wa DATED: ~~ • ~c -v ~-' , _ -- - _ -- -- ~~-~, ,•~ cr--r By~oug Bloom, Rai ~ eneral Dev. Its, Developer STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that,/~~~G ~~s ~~w~~~ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the applicant for this subdivision to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GNEN under my hand and official seal this ~ day of ~r%~,~~~.- , 2005 ¢a~~116ff/ ,~ y ~ ,~~~'~~~ •••-•• j' ~~4 w !,~ ~ •SSION •'• F AFO ARY PUBLIC in and o~ r the State of ~ L' ~ j•~: F-t :9cn ~ ~oTaR y. . Washington, residing at ~Cr~ '7 ~ ~ ~ .. ; ,~ Q My Commission Expires: D 7-~ . a _._ .V m. ~~ ~ ~ ' PUBLIC d!/1!!l111~, IIIIII VIII IIIIII IIII IIII~II IIII IIIIII III VIII IIlI PO y12/22005 02446P IIII YELM COMMUNITY SCHOOLS AGR $35 00 Thurston Co Wa. Form No 14 Subdivision Guarantee Guarantee No.. 4299-777752 ~~< ~. '~~.. .. ~~ ' a , „~ ~~~~, ~~,~. ~~ ;~ ,, „;. ~~,,,,m,,,,. .~„ N' Issued by First American lit/e Insurance Company Be// Towne Centre, 4200 6th A ve. SE #201, Lacey, WA 98503 Tit/e O~cer.• Mitch Miller Phone: (360) 491-2441 FAX.- (360) 352-7417 FirstAmencan Tit/e Form No 14 Subdivision Guarantee (4-10-75) INFORMATIONAL NOTES Guarantee No • 4299-777752 Page No • 8 A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. FirstAmencan Title Form No 14 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No 4299-777752 Page No.. 9 1 Except to the extent that specific assurance 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) Unpatented 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 2 Notwithstanding any specific 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 m said descnphon. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) 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 effector priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. 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 referred 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 referred 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. If 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 m 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 exerese 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 the 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. 5. 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 describe 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. Form No 1282 (Rev 12/15/95) FirstAmerican Tit/e Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall 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 m 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 transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price Upon the exerase 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 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, and the Guarantee shall be surrendered 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 m Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment requred m 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 stated 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 Stipulations, 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. S. 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 m 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 (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 Guarantee No ~ 4299-777752 Page No ~ SO (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 swt 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 tanto 10. Payment of Loss. (a) No payment shall be made without producing 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 ii. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest m 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 claim 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 m the name of the Assured and to use the name of the Assured in any transaction 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 princpal, 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 Arbitration 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 arbitrable 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 m any court hawng 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 regwred to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way Bldg 2, Santa Ana, CA 92707. Form No 1282 (Rev 12/15/95) FirstAmencan Title Form No 14 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.. 4299-777740 Page No • 6 1 Except to the extent that speafic assurance are provided in Schedule A of this Guarantee, the Company assumes no Lability 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 m 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) Unpatented mining claims, (2) reservations or exceptions m 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 2 Notwithstanding any speafic 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 m 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 therem vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and speafically set forth m said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records, (1) 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 Iudicial or non-Iudicial proceeding which is within the scope and purpose of the assurances provided (c) The identity of any party shown or referred to m Schedule A. (d) The validity, legal effector priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. 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 referred to m 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 referred 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 m writing m 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. If 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 I~mited m (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 exerose its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exerose 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 Iurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse Iudgment 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 therem, 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 the 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 regwred cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices regwred 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 describe 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, m 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 regwred 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 Form No 1282 (Rev 12/15/95) FirsYAmencan Title Form No 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall 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 transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price Upon the exerase 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 regwred in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exerased its options under Paragraph 4, and the Guarantee shall be surrendered 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 exerase 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 regwred in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exerased 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 stated in Schedule A or in Part 2, (b) the amount of the unpaid princpal 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 Stipulations, 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. (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 Guarantee No.. 4299-777740 Page No : 7 (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 tanto. 10. Payment of Loss. (a) No payment shall be made without produang 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 li. 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 claim 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 m any transaction 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 Arbitration Assoaation. 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 arbitrable 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 regwred 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 the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No 1282 (Rev 12/15/95) FirstAmencan Title 1 Form No 14 Subdivision Guarantee n rv A,_ Guarantee No.. 4299-777740 GUARANTEE Issued by First American Title Insurance Company Bel/ Towne Centre, 4200 6th A venue SE, Ste 201, Lacey, WA 98503 Title Officer.- Mitch Miller Phone: (360)491-2441 FAX.• (360)352-7417 First American Title ~r- tiVr T E R R A A MASTER PLANNED COMMUNITY Ma 1, 2006 City of Yelm PO Box 479 Yelm, WA 98597 Attn: Tami Merriman Re: Tahoma Terra Division 1, SUB-OS-0068-YL Summary of Conditions Tami, We have met the Conditions of Approval as follows: 1) Conditions met for this Division 2) At time of building permit 3) Wells to be abandoned prior to Division 2, Rights deeded 4) Completed 5) At time of building permit- Completed 6) Reclaimed water not available until LID is completed. 7) Completed 8) Completed 9) Completed 10) Completed 11) Completed 12) At time of building permit 13) Completed 14) Completed 15) Completed 16) Completed 17) Completed 18) Completed 19) Completed 20) Completed 21) Completed If you have any questions please give me a call. Sincerely, o as Bloom anager PO Box 628 Rainier, WA 98576 360-446-3083 ~'p~ OF THE p~ JJ'' 1 ,q, 'rcn ,~ Ct ~ ~l 901 Rhoton Road / PO Box 479 Yelm, WA 98580 360-458-8406 T.ransanittal better .~ Jon , Date: Re: March 27, 2006 Project Review Project Name: Tahoma Terra, I.,I..C. Items transmitted for: ~ Review and comment ^ As Requested Remarks: ^ For your records ^ Other Please review the attached site plans for Tahoma Terra, LI,C.. Your comments are due NI,T April 7th, 2006. Signed: Tim Peterson Public Works Director cc. File s~~~ ~~~~ ~Rec'd Back from Smitty ~~ ~ $ ~ ~ b Date Rec d`Back from Jon ^ Date Forwarded to CDD ~ © ~~t,.~ ~ /~ C:\Documents and Settings\deonne\DesktoplPROJECT REVIEW TRANSM'I'T, doc ~; .~ N~ ~~ Page 1 of 2 Tarni Merriman From: Denise Martin [Martindd@co.thurston.wa.us] Sent: Monday, April 24, 2006 4.08 PM To: Tami Merriman Subject: REVIEW TAHOMA TERRA DIV 1 1. Prefix will be 7864. 2. The full original legal description used on the face of the map includes parcels 21723410000 21723440000 21724320000 21724330000 21724340100 21724310100 3. Per the Title Report (the copy that was supplied to this office), only addressed 21724310100 and 21724340100. Why? They only addressed Parcels A & B of BLA-040166. The legal used on the face of the map included all parcels listed above. 4. Ownership of 21724310100 and 21724340100 are TT PH 1-2 LLC, and all other parcels are owned by TT PH 3-8 LLC. Ownership will need to be the same before the segregation can be processed. -- ~ ~~~`,~~,.~lQ ~~ 5. All current and advance taxes will need to be paid on all parcels involved in Division One. 6. The Transmittal Letter addressed this Plat as Tahoma Terra Division 1, Phase 1. However, the face of the map has no reference to Phase 1. If all of the legal description described on the face of the map is correct, then these 89 lots and ALL the Tracts will be Division One. This includes Tracts 2 through 21. 7. Page 8: Per the legal description and per the map, there is an exception of the Northerly 15 feet and Northerly 30 feet of NE SE. We do not have record of this. Why is this? Is this going to be for road purposes? Is there a deed coming deeding for road purposes? We will need to know. 8. Even per legal description I am still wanting to make sure that the portion of Longmire Street that is running --'~ along the South boundary of Parcel A of BLA040166 on the SE SW of Section 24 is in no way crossing over into the adjacent parcel of 21724340000. Please research this. 9. Please look at page 3 of page 14 and look at the Survey map for BLA040166 under AFN 3699428. Look at the South boundary for Parcel A. The Boundary is not the same. The BLA map shows Parcel A somewhat Southerly of the 1/16th line. The map for Tahoma Terra runs it right with the 1/16th line. Please have the Surveyor check this out. 10. PLEASE RESUBMIT FOR SECOND REVIEW. Thank you Denise Martin, Sr. Property Control Analyst ~ Property Administration Thurston County Assessor's Office martindd@co.thurston.wa.us (360)754-3355 X 6406 4/27/2006 Tami, I have reviewed the addressing for Tahoma Terra All of the lot addresses are correct Address the following tracts: Tract A Tract B Tract C Tract D Tract E Tract F Tract G Tract H Tract I Tract J Tract K r~~ ; j i='_.=~ _~ ' `li ~iZII 10099 Terra Glenn St SE 14950 Longrnire St SE 10000 Terra Glenn St SE 14926 100th Ave SE 9968 Terra Glenn St SE 14853 99th Ave SE 9934 Terra Glenn St SE 14854 99th Ave SE 14940 Terra View St SE 14914 Terra View St SE 14908 Terra View St SE ~y~~~ l.~l.~ ~ VY-;~, ,Z,L 5-~.~~ Via, ~,~ ~~`i~ ~~~ ~~ t City of Yelm April 27, 2006 Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Doug Bloom Manager, Tahoma Terra PO Box 628 Rainier, WA 98576 i,~~ ~ry'~~ ~~~~ ~~~ Re: Comments for Tahoma Terra Final Plat Application -SUB-05-0068-YL Dear Mr. Bloom: The City has completed its initial review for the above referenced final plat application. There are some items that need revisions. For the items that need changed or corrected, I am sending you back redlined originals. --1. Survey review comments: In addition to the corrections required by the reviewing surveyor in his letter, we have included our redline comments on the plat map. Also included are comments received from The Thurston County Assessor's Office. Please be sure to correct all items. When you submit your revised plans, please include 3 copies of the full size plat, one 11" x 17" copy, and a mylar set for recording. RETURN ALL REDLINED COPIES. 2. Warranty_6greement and Bill of Sale need Signed and notarized. ~3.._Assigned,Savings check for $7,000.00 ~.4:-~Surve review fees for E. True & Associates. ~.r-~W~~eowners Association CCR's minor editorial changes w~s~~.-~Mwwo~-v' 6. S1o?mw~a~~A\g~n~-~`~°r-y itori~ ~ ~ , ~~ The above listed corrections must be completed and returned to the City, with all fees paid no later than Tuesday, May 2, 2006 to be considered by the City Council on Wednesday, May 10, 2006. If you have any questions, please contact me at (360) 458-8496. Sincerely, Tami Merriman Assistant Planner frY I~.w'J F~, ~~S R~c~~ ~ ~`~~~ cc: Grant Beck, Community Development Director Jim Gibson, Development Review Engineer (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.w¢.us ~.~~" Tami, Here are the additional addresses that we added this morning. Jim note the change of address on Tract 5 where the meter is installed Tami, I have reviewed the addressing for Tahoma Terra. All of the lot addresses are correct. Address the following tracts Tract A 10099 Terra Glenn St. SE Tract B 14950 Longmire St SE Tract C 10000 Terra Glenn St SE Tract D 14926 100th Ave SE Tract E 9968 Terra Glenn St SE Tract F 14853 99th Ave. SE Tract G 9934 Terra Glenn St SE Tract H 14854 99th Ave. SE Tract I 14940 Terra View St SE Tract J 14914 Terra View St. SE Tract K 14908 Terra View St. SE Tract 5 14833 Longmire St. SE Tract 11 14827 Longmire St. SE Tract 4 14839 Longmire St SE Tract 3 14845 Longmire St. SE Thanks Gary ~~ ~ ~~~ ~S A MASTER PLANh6D COMMUNfTY M a 1, 2006 City of Yelm ~_ !~ ~ PO Box 479 / i~ti ~~~ Yelm, WA 98597 ~ ~, Attn: Tami Merriman '~-~`~~ ~. ~,~, Re: Tahoma Terra Division 1,SUB-OS-0068-YL , Summary of Conditions ------ Tami, We have met the Conditions of Approval as follows: -~ ~ Conditions met for this Division ,~y2~'At time of building permit _ 3) Wells to be abandoned prior to Division 2, Rights deeded ~~r~~Completed At time of building permit- Completed ~6} Reclaimed water not available until LID is completed. 7) Com leted ~~° ~~~ 8) ompleted d'`~'~ ` ompleted ~ Completed At time of building permit I~~~~ompleted ompleted , _ Completed ~ ,~ =ompleted-- ~~~~a,-~-~ ~~s ~ S~ d ~Y.il Stiti~ , la~Completed ~ C_~c~u-~-~ , l~~ ' ~1~Completed - C~ - y_~~~ ~`,~'/~`/ ~ r.~~f ~ Completed / ,~~ ~--~' L Lev ~~ ~ ~ ~~l ~~ ~0) Completed 21) Completed If you have any questions please give me a call. Sincerely, /~,y~ PSo as Bloom ~, ,, anager PO Box 628 Rainier, WA 98576 360-446-3083 N O N (0 Q ~9 NI Z W O V s n V J ~ ^ .4 ~ ^ ^ ~~a^o ~a ~ ^ ,Q o00 ^^o W ^ ^ ^ ~~^ W zoo ~~~~ _a~a ~~a W n.~~ a ~ ~ ~, 0 ~ ~ .~ ° O G N N -~ N N ° G ~ Q ~ U o C1- ~ ~tA N G 7 N .N ~ N S~ L1- N O N y N ~ N ~ v ~ ~_ ~ O r y N N "' ~' ~ ~ N ~ LS1 G 'p ,~ ~ ~ T ~ g, r ~ 1U N v ~ W o t N~ o ° o ~ ° a`7 ~ c~a~ N 4 c~a ~ `~ m a~ a a ~ ~, o c~a -a ca 7' ~ °~ m 4 0. ~ o iu u~ o v ~ N ~~'~ o o~ ~ a~ ~ N o a- ~ ~ ~; N t t ~ p is L N N t~4 a> ~ 3 c N ~- ~' .r '~ '` 1 O ~ N ° r~ a cr ~~, 7~ N ~ U Q- ~ ~~ N ' ~ N ~ ~ ~ ° U ~. (a~ c a~i c ~ ~ N p~ 1 ~ ~ 4 c p _ J N ~ T 1~ ~ N, ~ 1111 °~ v' ~ ~ o m tL o ~ T ?, s,,, N o ~ =U U ' ~ia?. ~l NI Z W O V _Ir 1_-~' ~t i, I, '' i~'i~I~~I~~~C~'~,7~1 W G'I~~I~I~I'i~~~~~~~i_ ~' ~I~~ ~I~~I~,i~J-~=r/-~~~tG j _~ ^L' W .i 1 N '" N LL G C L Q AA++ ' W ~ 'd ~ t31 V U ~ ~ ~ `- N ~p D fJ? p G N ~ O U N ^f} U C~ g' N N ~ ~ ~ ~ V a ~ ~ ~ ~ G (0 u- U "'~ N .~ ~ 4 N O ~ ~~ ~ N ~ ~ ~ N ~ ~ N1 7 ~ ..~ a ~ ~- V 'd N ~ o.. N a~ N ~ ~~ ~ ~ ~ ~ =a `~ ~ c ~ uS ^1 ~ .r ~ ~ ~ 'c5 G U ~ N ~ ~'~O ~ ~' Q- N ~ a LL QS O cd ~ L ,~ ~ u- J\r ~ .~ Q. ~ ~ N~. ~ ~ ~ ~ ~~ ~`- \ O N Q. o ~ ~ o ~ N a 0 4 V N `~ ~ ~ N N C ~ ~ `...~ 't6 O ~ L Q r ~ Y ~ ~ O fA ~ j A` L ~/\\\ W ~ ~ t O~ ~ , t` p. c ~ ~t`~ m v ~ `~ ~ ~ ~N ~ ~ to N 41 '~4 ~~\ ti 1r -. l ~` __-- -'_ ~-YC_ Department FINAL PLAT APPLICATION Fee $750 00 (In adddion, any orofessionai service charges per Resolution #358) APPOINTMENT REQUIRED FOR APPLICATION SUBfMITTAL -Please call 458-3835 Subdivision Name 7 /~ El U(Y1 y4- f ~ ~ ~~ ~ 1 U t 51 f) N MAR ~ ~ 2006 Case # and Name of Preliminary Plat Approval S (~ 13 - Cava' - ®O (s~ Q - }~L zf7Z~l,3ldloe 2i'7L~13yolov zt7z34~oooG Tax Parcel Number(s) Z 1 7Z 3y l Joa o Z f 7Z ~3Z v o0o G /7G~j,33ooop SUBDIVIDER TA t+orn 4 Tl=1Z(z ~ LL L Name P ~ .~1~ ~X ~ Z ~ Address cF t rt I~ L.t-J {~ aj 8 S7 ~ 3~o-~f~~ --3083 y~l~ -2g 7Z Phone Fax E-mall PROPERTY OWNER(S) ~T~ ~~ l-Z, LC,L 7!'r~H-3~~1 [.L..C Name ~ ,C3t>x ~z7 Address ~ar}nrp/. W~ c/8576 ~Y6 -3U€i3 ~ eEG - zq 7 z Phone Fax rG~t ~nC ~ ~lW.EtIC. ~ E-mall SURVEYOR 8 V / L G~It S c1 /Z J L YA~G- Name ~o td~x 1y `f Address ~1--f G-,~lk[~C 5 _ VtJ'~Q- 9' ~ S-3Z. ,~Go - a l{8 - 8 8x3 ~ ~~ - q 31~ Phone Fax bsr ~o~/ar.c~ss. Gam,,, E-Mad ENGINEER Ste; Name zoo 6 ~~A~ s~ ~.~°o~ Address L. ac. ~~ ~c}SG3 3l~v -514 .5' -loCx~Z- ~!q'3 -Zy7~ Phone Fax E-Mall LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) Total Acreage , 77 1 g Number of Single Family Residential Lots GG U 9 Number of Multifamily Residential Lots Number of Commercial Lots Number of Industrial Lots Smallest Lot Area 3 til0 ~ Average Lot Area Total Acreage in Open Space ~ ~ J e1 Fee in Lieu of Open Space Length in Public Streets ~ ~ q ~ Total Acreage in Public Streets 5.~ 'y 7 Length in Pnvate Streets _ ~ Total Acreage in Pnvate Streets J~ __ All of the Information on the reverse side of this application Is required to be filed at the time of final plat submittal unless a written waiver from the planner or engineer accompanies the appllcatlon After this office has received written acknowledgment from all departments requlred to sign the plat, the legislative body well be so advised and a date for a public meeting well be set for their consideration 105 Yelm Auenae West (360) 458-3835 PO Bas 479 (360) 458-3144 FAX Yelm, WA 98597 www ca yelm.wa.as CHECKLIST Submitted SUPPORTING DOCUMENTS (Submit one copy of each document, un less otherwise noted) 1 Plat Certrficate, date not to exceed thirty days pnor to submittal 2 A copy of any deed restrictions applicable to the subdivision !~ ~ 3 A copy of any dedication requiring separate documents ir` 4 Approval (signed off punchlist) by the engineering department that the subdivider has complied with one of the following A All improvements have been installed in accordance with the requirements of this title and with the action of the legislative body giving approval of the preliminary plat, TJ GornG B An agreement and financial security have been executed as provided for in the Subdivision Ordinance to assure completion of regwred improvements N ~ 5 Mathematical boundary closures of the subdivision showing the ~5 u8m ~ l~ error closure, if any (4 copies) 6 The mathematical lot closures and street centerline closures, and /' square footage of each parcel (4 copies) v s~$~^'~ 7 Lots containing one acre or more shall show net acreage to nearest hundredth 8 A phasing plan (if applicable) ~+~ R 9 A summary explanation is regwred of how all City Counal conditions of approval and SEPA mitigation have been met 10 Final drawings on disk in Auto Cad format Tp ~~'h~ 11 A copy of any Home Owners Agreement ( fs y BmaT~l=c~ 12 A copy of any Maintenance Agreements (Storm Water and/or Open Space) ~~ 13 Warranty Agreement for all improvements _~ 14 Bills of Sale for Sewer and Water _~ 15 Deferral Agreement -Waiver of Protest (if applicable) N R 16 Storm Water Maintenance Agreement ~~ 17 Water Rights Agreement (if applicable) / ~£i~ ~fsh~11`~,C 18 Homeowners Agreement ~~ 19 LID Segregation Application (it applicable) Yy ~~- 20 Documentation of Welt/Septic/Drain field Abandonment ~~ S~ e~ sE~= 21 School Mitigation Agreement w/ 22 Latecomers Payment (if applicable) Nl~ 23 Open Space Fee in-lieu of Payment (rf applicable) ~/ l4 24 Any outstanding City fees 25 As-bwlts 70 ca/h~ 26 Plat Map (11 folded copies -rolled not accepted ) 27 One 11 x 17 reduced copy of the Final Plat Map Missing ~~ e-- Date Checked Checked by Additional Information Requested Additional Information Received Application Complete I05 Yelm Avenue Wesl (360) 458-3835 PO Box 479 (360) 458-3144 FAX Yelm, WA 98597 www ca yelm.wa us V v v v L t, Transmittal Appli- Full 11 x Storm Lot Title Full Slze Letter cation Slze 17 Drain Closures Report Addressing Map Map Report Map subm Itted prior to application Thurston Co 1-special 1 1 1 1 Assessor Ity 1 1 1 Administrator Shell Badger Yelm Police 1 1 1 Chief (Todd Stanch Im Building 1 1 1 3 Official (Gary Carlson hurston Co. 2 2 2 Fire Dept. - 2 YCOM Networks 1 1 1 uget Sound 1 1 1 Energy ity Engineer 1 1 2 1 Jim Gibson CDD Planning 1 1 1 X X X Tech (Tami Photo copy Merriman of all does DD Director 1 1 1 Grant Beck Thurston Co f2" ommunlcatlons / I CapCom - Yelm 1 1 1 Community Schools LeMa Inc. 1 1 1 ab 1 1 1 Yelm Post Office 1 1 1 " Yelm Chamber 1 1 1 of Commerce elm Public 1 1 1 Works (Tim City Reviewing 1 -special 1 2 1 Surve or File original on Inal 1 orl Inal orl Inal orl ina on Inal 1 Total 2 special, 21 8 16 2 4 3 4 19 regular / / v Transmittal Letter -one special for Surveyor, one special for Assessor - listing what we're sending Then one for everyone else just saying "enclosed is project information." R \Forms & Procedures\Final Plat\Distnbution of Items submitted Huth final plat doc Page 1 of 1 E TRUE & ASSOCIATES YELM CHAMBER OF COMMERCE YELM POST OFFICE LAND SURVEYING PO BOX 444 POSTMASTER PO BOX 908 YELM WA 98597 `(ELPA WA 98597 SHELLY BADGER GRANT BECK KEN BECKMAN CITY OF YELM CITY OF YELM COMMUNITY YCOM NETWORKS PO BOX 479 DEVELOPMENT PO BOX 593 YELM WA 97597 PO BOX 479 YELM WA 98597 YELM WA 97597 ERLING BIRKLAND GARY CARLSON JIM GIBBON YELM COMMUNITY SCHOOLS CITY OF YELM COMMUNITY CITY OF YELM COMMUNITY PO BOX 476 DEVELOPMENT DEVELOPMENT YELM WA 98597 PO BOX 479 PO BOX 479 YELM WA 98597 YELM WA 97597 CHIEF RITA HUTCHESON CHIEF MARK KING TAMI MERRIMAN THURSTON CO FIRE DISTRICT #2 THURSTON CO FIRE DISTRICT #2 CITY OF YELM COMMUNITY PO BOX 777 PO BOX 777 DEVELOPMENT YELM WA 98597 YELM WA 98597 PO BOX 479 YELM WA 97597 LYNN PEARL TIM PETERSON SARAH SCHAMME THURSTON CO ASSESSOR'S OFC CITY OF YELM PUBLIC WORKS LEMAY, INC (or Dick Rehn) 2000 LAKERIDGE DRIVE SW BLDG 1 13502 PACIFIC AVENUE OLYMPIA WA 98502 TACOMA WA 984440459 TODD STANCIL GLEN THARP AMY TOUSLEY CITY OF YELM POLICE DEPARTMENT THURSTON COUNTY PUGET SOUND ENERGY COMMUNICATIONS 2711 PACIFIC AVENUE SE 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 OLYMPIA WA 98501 Wednesday, March 22, 2006 Final Plat App City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Transmittal Letter To: Interested Parties Date: March 27, 2006 Company: Re: Tahoma Terra Address: File No: SUB-OS-0068-YL City, St Zip Name: Tahoma Terra, LLC Items transmitted for: ® Review and comment ^ For your records ^ As Requested ^ Other Enclosed please find project information for Case Number SUB-OS-0068-YL, (Tahoma Terra, Division 1 Phase 1), for an 89 lot subdivision and 19 tracts for future development. Please review and submit comments to the City of Yelm, Community Development Department, on or before April 11, 2006. Remarks: Signed: Roberta Allen Community Development Administratwe Assistant (~~ OF tHE pp~ maw 9. a M ,• x ,~~% i ~'k M ee _ YELM ~~ WASHINGTON The City of Yelm is an Equal Opportunity Provider Transmittal Letter To: Eddie True Date: March 27, 2006 Company: E. True & Associates Address: PO Box 908 City, St Zip: Yelm, WA 98597 Items transmitted for: ® Review and comment ^ As Requested Re: Tahoma Terra File No: SUB-OS-0068-YL Name: Tahoma Terra, LLC ^ For your records ^ Other Enclosed please find the Application, Title Report, and 2 Full Size Plat maps (you already have lot closures) for Case Number SUB-OS-0068-YL, Tahoma Terra Division 1 Phase 1, for an 89 lot single family subdivision and 19 tracts for future development. Please review and submit comments to the City of Yelm, Community Development Department, on or before April 11, 2006. Remarks: Signed: Roberta Allen Community Development Administrative Assistant Transmittal Letter To: Assessor's Office Company: Thurston County Date: March 27, 2006 Re: Tahoma Terra -Div. 1 Address: 2000 Lakerid~e Drive SW, Bldg. 1 File No: SUB-OS-0068-YL City, St Zip: Olympia, WA 98502 Name: Tahoma Terra, LLC Items transmitted for: ® Review and comment ^ As Requested ^ For your records ^ Other Enclosed please find the Application, Title Report, Lot Closures, and Full Size Plat map for Case Number SUB-OS-0068-YL, Tahoma Terra Division 1 Phase 1, for an 891ot single family subdivision and 19 tracts for future development. Please review and submit comments to the City of Yelm, Community Development Department, on or before April 11, 2006. Remarks: Signed: Roberta Allen Community Development Administrative Assistant Transmittal Letter To: Interested Parties Date: March 27, 2006 Company: Address: City, St Zip Items transmitted for: ® Review and comment ^ As Requested Re: File No: Tahoma Terra SUB-OS-0068-YL Name: Tahoma Terra, LLC ^ For your records ^ Other Enclosed please find project information for Case Number SUB-OS-0068-YL, (Tahoma Terra, Division 1 Phase 1), for an 891ot subdivision and 19 tracts for future development. Please review and submit comments to the City of Yelm, Community Development Department, on or before April 11, 2006. Remarks: Signed: Roberta Allen Community Development Administrative Assistant .Scree fJ 150 O O Licensed Bonded Insured T FULLMMS977M9 OMT #00713 Sanltatlon, Il?C. 449 Wickman St. S. S'e~u~ce c~ a~l~l s~.e(iLGLG~ ~ Tenino, WA 98589 - (360) 264-4644 Septic Tank Pumping ~ Olympia (360) 943-1722 / S~rving Thurston, Lewis & Pierce Counties /~--~ Centralia (360) 736-2033 Date:~j/~ ~jQS~ Technician: /~(/~ ~ ` O • ~ ~ ,- Name :~~-!~.-~-_~~--L X ~~ ,..~. J~ ~ .,~~'~_. ~ r~~ -;~:> Name Address %' ~% - ~'~ ~= ~ %" 1 Address ~~=~"Y-"- ~~ City~'~ ~~-~; :~ .~~ -, ST !.~i~ Zip `~ ~ ~' 7~ City 1`c- /, ~ ST!' i~ Zip ~~~ S~ i ,1 Phone # Phone # Septic Tank:, ~'J~' Gallons ~ Comp ~~ ~/ Septic Pump ~d ~T /~co l gi:~..iE~mt ~ ~ 5 ~~ `" ~` ,~7 Concrete ^ Plastic ^ Risers cv-t=-~Ay< <- :~Zry~~~ Pump Chamber---` Gallons ^ Concrete ^ Plastic ^ Risers ~- ..~~ ,_ INLET BAFFLE OUTLET BAFFLE Pump Chamber Amt. Intact Yes / No ^ Intact ^ Corroded ^ Screened Service Call Amt. Water Levels Normal Yes / No Uncover/Cover Amt. SYSTEM TYPE ^ Gravity ^ Pressure ^ Mound ^ Sand Filter ^ Other Repairs Amt. Next Service Du/e / / Health Le[ter Yes / No Discount % `y~ ~ ~ Comments:',/~ .-.-y ~~~%y~ ;~~-~ . = _~.~ ~,_ ~~~.i-v~ z-c~ <~' , Sub Total ~~ ~ ~ ~ G ~~~ V~ '`•',s~~%!. ~j ~-c7~jZ-C' j~.,Gc-;,-~G v /` G !~ C,r/ /~ ~„~.~^~ rJ~ 3 ~ `' L Tax TOTAL ~ ~ ~ L/ t -f ~i ~lr %~ ~ {{ ,~ ,; CHECK# ^ CASH ®CHG ^ ESCROW ^ CREDIT CARD # EXP / / `7 ~ t i . Signatu e t Date ACCOUNT 30 DAYS + SUBJECT TO I.S% CHG/PER MO. $25.00 CHARGE FOR ALL RETURNED CHECKS. CUSTOMERS ARE RESPONSIBLE FOR ALL APPLICABLE COLLECTION FEES Form No 14 Subdivision Guarantee Guarantee No. 4299-777740 ~- „ ~~ ;. ~~ a ~u ~. " ._ ~~ ,,,, ~ ~ M.... ~~~ Issued by First American Title Insurance Company Bel/ Towne Centre, 4200 6th Avenue SE, Ste 201, Lacey, WA 98503 Title O~cer.• Mitch Miller Phone: (360)491-2441 FAX.• (360)352-7417 First American Title Form No 14 Subdivision Guarantee (4-10-75) Guarantee No .4299-777740 Page No.' 1 ., A M r ~ , FirstAmerican Tit/e Insurance Company ~~ ~ ,~* ~~e ~{gr y+~* ~+ ~r +~ Bell Towne Centre 4200 6th Avenue SE, Ste 201 '~'f ~`~Y~~'~~" .L ,~[~[ w.71~ ~# ~VG# PhneY,( 60)49102441 '~~_. 4 ~"~~_' Fax - (360)352-7417 - _ _x , Title Team (Thurston) Phone No. (360) 491-2441 Fax No. (360) 455-5183 Mitch Miller William Tiglao msmiller@firstam.com btiglao@firstam.com SUBDIVISION GUARANTEE LIABILITY $ 1,000.00 ORDER NO.: 4299-777740 FEE $ 350.00 TAX $ 29.40 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's (lability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: March 02, 2006 at 7:30 A.M. FirstAmencan Title Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Guarantee No ~ 4299-777740 Page No ~ 2 TT PH 1-2, LLC, a Washington Limited Liability Company B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mirnng Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: PARCELS A AND B OF CITY OF YELM BOUNDARY LINE ADJUSTMENT NO. BLA-04-0166-YL, RECORDED UNDER THURSTON COUNTY RECORDING NO. 3699428. APN: 21724310100 APN: 21724340100 FirstAmencan Title Form No 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No 4299-777740 Page No 3 1. General Taxes for the year 2006. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 21724310100 1st Half Amount Billed: $ 705.27 Amount Paid: $ 0.00 Amount Due: $ 705.27 Assessed Land Value: $ 115,450.00 Assessed Improvement Value: $ 0.00 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: (Affects Parcel A) 2nd Half $ 705.27 $ 0.00 $ 705.27 $ 115,450.00 $ 0.00 2. General Taxes for the year 2006. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 21724340100 1st Half Amount Billed: $ 1,127.68 Amount Paid: $ 0.00 Amount Due: $ 1,127.68 Assessed Land Value: $ 183,650.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 1,127.69 Amount Paid: $ 0.00 Amount Due: $ 1,127.69 Assessed Land Value: $ 183,650.00 Assessed Improvement Value: $ 0.00 (Affects Parcel B) 3. Taxes which may be assessed and extended on any subsequent roll for the tax year 2006, with respect to new improvements and the first occupancy which may be included on the regular assessment roll and which are an accruing lien not yet due or payable. 4. Deed of Trust and Security Agreement and the terms and conditions thereof. Grantor/Trustor: TT PH 1-2, LLC, a Washington Limited Liability Company Grantee/Beneficiary: The Quadrant Corporation, a Washington Corporation Trustee: First American Title Insurance Company Amount: $1,500,000.00 Recorded: February 07, 2005 Recording Information: 3707563 and 3707564 FirstAmencan Title Form No. 14 Guarantee No .4299-777740 Subdivision Guarantee (4-10-75) Page No 4 5. Early Entry Agreement and the terms and conditions thereof: Between: TT PH 1-2, LLC And: The Quadrant Corporation Recording Information: 3709426 6. Subordination and Intercreditor Agreement and the terms and conditions thereof: Between: The Quadrant Corporation, a Washington Corporation And: South Sound Bank, a Washington Corporation Recording Information: 3714908 and 3714909 7. Deed of Trust, Security Agreement, Fixture Filing, and Assignment of Rents and the terms and conditions thereof. Grantor/Trustor: TTPH 1-2, LLC, a Washington Limited Liability Company Grantee/Beneficiary: Homestreet Bank, a Washington State Chartered Savings Bank Trustee: First American Title Insurance Company Amount: $8,500,000.00 Recorded: January 27, 2006 Recording Information: 3804063, 3804064, 3804065 and 3804066 8. Subordination and Intercreditor Agreement and the terms and conditions thereof: Between: The Quadrant Corporation, a Washington Corporation And: Homestreet Bank, a Washington State Chartered Savings Bank Recording Information: 3804061 and 3804062 9. Evidence of the authority of the individual(s) to execute the forthcoming document for TfPH 1- 2, LLC, copies of the current operating agreement should be submitted prior to closing. 10. Easement, including terms and provisions contained therein: Recording Information: 637886 For: Road purposes and related rights This easement is in the process of being terminated. 11. The terms and provisions contained in the document entitled "City of Yelm Ordinance No. 607" Recorded: September 3, 1998 Recording No.: 3176833 12. The terms and provisions contained in the document entitled "Notice of Furnishing Professional Services" Recorded: November 3, 2003 Recording No.: 35952377 13. Covenants, conditions, restrictions and/or easements: Recorded: January 4, 2004 Recording No.: 3699427 First American Title Form No 14 Subdivision Guarantee (4-10-75) Guarantee No ~ 4299-777740 Page No 5 14. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: December 30, 2004 Recording Informaton: 3699428 15. Survey by Butler Surveying, Inc., dated February 10, 2005, Job No. 04-232, discloses the following: Fence line at variance with record boundaries at South line of Parcel A. 16. The terms and provisions contained in the document entitled "Memorandum of Agreement" Recorded: March 17, 2005 Recording No.: 3716822 17. Easement, including terms and provisions contained therein: Recorded: July 29, 2005 Recording Information: 3753288 In Favor Of: Puget Sound Energy, Inc., a Washington corporation For: Electric transmission and/or distribution system 18. Water Right Conveyance and Right-of-Entry Agreement and the terms and conditions thereof: Between: City of Yelm, a Municipality And: Tahoma Terra, LLC; TT PH 1-2, LLC; and TT PH 3-8, LLC Recording Information: 3778520 and 3778521 INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. FirstAmencan Title Form No 14 Subdiwsion Guarantee (4-10-75) Guarantee No 4299-777740 Page No 6 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that speafic assurance 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) Unpatented 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. 2 Notwithstanding any speafic 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 vaultr, tunnels, ramps, or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and speafically set forth in said description (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records, (1) 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-judiaal 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 effector priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. 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 referred 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 referred 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 If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters far which prompt notice is required; provided, however, that fatlure to notify the Company shall m 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 wawe 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 exerese 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 provde 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 the 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 regwred cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices regwred 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 describe 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 regwred proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate In addition, the Assured may reasonably be regwred 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 Form No 1282 (Rev 12/15/95) First American Title Form No 14 Subdroision Guarantee (4-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall 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 transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exerase by the Company of the option provided for m Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment requred 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, and the Guarantee shall be surrendered 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 exerase 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 exeresed 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 stated 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 Stipulations, 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 shalt have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby (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 Guarantee No.. 4299-777740 Page No.. 7 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured m settling any claim or swt 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 tanto S0. Payment of Loss. (a) No payment shall be made without producing 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. li. 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 claim 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 transaction 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 princpal, 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 Arbitration Assoaation. 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 arbitrable matters when the amount of liability is m 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 m 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 regwred to be given the Company and any statement m writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way Bldg. 2, Santa Ana, CA. 92707 Form No 1282 (Rev 12/15/95) FirstAmencan Title City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Interested Parties From: Tami Merriman, Assistant Planner Date: May 16, 2006 Re: SUB-OS-0068-YL as part of MPD-OS-0495-YL -Tahoma Terra, Division 1, Phase 1 Final Plat Enclosed please find the final recorded documents for Case Number SUB-OS-0068-YL, Tahoma Terra, an 89-lot single family subdivision and 19 tracts for future development, at the west end of Longmire Street, in the Southwest Annexation area. If you have any questions, please call me at (360) 458-8496. Tami Merriman I:\SUB Full Plat Subdivision\OS-0068 Tahoma Terra\Final\dist final plat memo.doc YVlien Recorded, Retut°n to. TAHOMA TERRA, L.L.C. CEO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TAHOMA TERRA RESIDENTIAL PROPERTY Grantor: TAHOMA TERRA, L.L.C. Grantee: PLAT OF TAHOMA TERRA Legal Description PORTIONS OF THE EAST HALF OF THE SOUTI-IEAST (abbreviated): QUARTER OF SECTION 23 AND THE SOUTHWEST QUARTER OF SECTION 24 ALL IN TOWNSHIP 17 NORTH, RANGE 1 EAST, W M. THURSTON COUNTY, WASHINGTON Q Additional on: Exhibit A Assessor's Tax Parcel ID #: Reference Nos. of Documents Released or Assigned: N/A 3830704 II IIII IIII 05191e 12006 ` 0 51 R III III III Iiillll III III III 1111111 IIII TAHOMA TERRA, LLC COV $88.00 Thurston Co Wa DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TAHOMA TERRA RESIDENTIAL PROPERTY TABLE OF CONTENTS Page INTRODUCTION TO THE COMMUNITY .................................................................1 ARTICLE 1. CREATION OF THE COMMUNITY ............................................................. 1 1.1. Purpose and Intent .................................................................................... l 1.2. Binding Effect ............................................................................................ 2 1.3. Governing Documents .............................................................................. 2 ARTICLE 2. CONCEPTS AND DEFINITIONS .................................................................. 3 ARTICLE 3. USE AND CONDUCT .................................................................................. 8 3.1. General Use Restrictions .......................................................................... 8 3.2. Restricted Activities .................................................................................. 8 3.4. Protection of Owners and Others .......................................................... 10 ARTICLE 4. IMPROVEMENTS AND LANDSCAPING ..................................................... 12 4.1. General ..................................................................................................... 12 4.2. Design Review .......................................................................................... 12 4.3. Guidelines and Procedures ..................................................................... 13 4.4. No Waiver of Future Approvals ............................................................ 15 4.5. Variances .................................................................................................. 15 4.6. Limitation of Liability ............................................................................. 15 4.7. Certificate of Approval ........................................................................... 16 ARTICLE 5. MAINTENANCE AND REPAIR .................................................................. 16 5.1. Maintenance of Areas of Common Responsibility ............................... 16 5.2. Maintenance of Units .............................................................................. 16 5.3. Maintenance of Neighborhood Property .............................................. 16 5.4. Responsibility for Repair and Replacement ......................................... 17 ARTICLE 6. THE ASSOCIATION ANll ITS MEMBERS .................................................. 18 6.1. Function of Association ........................................................................... 18 6.2. Membership ............................................................................................. 18 6.3. Voting ....................................................................................................... 18 Talroma Terra CCRs (Residennczl) Table of Contents -page i #316764 l 1101-281 6sfD04~ doc 5/6/06 I III II III III I I VIIIIIIIIIIIIIIIIVIIIIIIIIIII 08g02006f0 51q TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa 6.4. Neighborhoods .........................................................................................19 ARTICLE 7. ASSOCIATION POWERS AND RESPONSIBILITIES .................................... 20 7.1. Acceptance and Control of Association Property ................................ 20 7.2. Maintenance of Areas of Common Responsibility ............................... 20 7.3. Insurance .................................................................................................. 22 7.4. Compliance and Enforcement ................................................................ 25 7.5. Implied Rights; Board Authority .......................................................... 27 7.6. Indemnification of Officers, Directors and Others . ............................. 27 7.7. Security ..................................................................................................... 27 7.8. Provision of Services ............................................................................... 28 7.9. Relations with Other Properties ............................................................ 28 7.10. Facilities and Services Open to the Public ............................................ 28 7.11. Relationship with Tax-Exempt Organizations ..................................... 29 ARTICLE 8. ASSOCIATION FINANCES ........................................................................ 29 8.1. Budgeting and Allocating Common Expenses ...................................... 29 8.2. Budgeting and Allocating Neighborhood Expenses ............................. 30 8.3. Budgeting for Reserves ........................................................................... 31 8.4. Special Assessments ................................................................................ 31 8.5. Specific Assessments ............................................................................... 32 8.6. Authority to Assess Owners; Time of Payment .................................... 32 8.7. Obligation for Assessments .................................................................... 33 8.8. Lien for Assessments ............................................................................... 34 8.9. Exempt Property ..................................................................................... 34 8.10. Capitalization of Association .................................................................. 35 ARTICLE 9. EXPANSION OF THE COMMUNITY .......................................................... 35 9.1. Expansion by Declarant .......................................................................... 35 9.2. Expansion by the Association ................................................................. 36 9.3. Additional Covenants and Easements ................................................... 36 9.4. Effect of Recording Supplemental Declaration .................................... 36 9.5. Subjection of Previously Commercial Property ................................... 36 9.6. Subjection of Residential Property to Commercial Declaration........ 37 ARTICLE 1 O . ADDITIONAL RIGHTS RESERVED TO DECLARANT .............................. 37 10.1. Withdrawal of Property ......................................................................... 37 10.2. Marketing and Sales Activities .............................................................. 37 10.3. Right to Develop ...................................................................................... 38 10.4. Right to Approve Additional Covenants ............................................... 38 10.5. Right to Transfer or Assign Declarant Rights ...................................... 38 10.6. Easement to Inspect and Right to Correct ............................................ 38 ARTICLE 11 . EASEMENTS AND RESTRICTIONS .......................................................... 39 11.1. Easements in Common Area .................................................................. 39 Tahoma Ter•~•a CCRs (Residential) Table of Contents -page n #316764 I 1101-281 6st>)04~ doc 5/6/06 3830704 II IIII IIII 05 9e ! 2006 f 0 51 R I III III IIIIIIII IIIIIII IIIIIIII IIIIIIII IIII TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa i i ..~. Easements of Encroachment .................................................................. 40 y_ i . fi. Easements for Utilities, etc ..................................................................... 40 ~ ~ .4., Easements to Serve Additional Property .............................................. 41 1 ~ .5_ Easements for Maintenance, Emergency and Enforcement ............... 42 1 l .tb. Technology Utility Easements ................................................................ 42 AR'I If'@,E 12. EXCLUSIVE COMMON AREAS ............................................................... 42 12.1 Purpose .....................................................................................................42 12.?. Designation ...............................................................................................43 12.3. Use by Others ........................................................................................... 43 AR'TICi~E 13. PARTY WALLS AND OTHER SHARED STRUCTURES ............................. 43 13.1. General Rules of Law to Apply .............................................................. 43 13.2. Maintenance; Damage and Destruction ................................................ 43 13.3. Right to Contribution Runs with Land .................................................44 13.4. Disputes ....................................................................................................44 ARTICLE 14. DISPUTE RESOLUTION AND LIMITATION ON LITIGATION .................. 44 14.1. Consensus for Association Litigation .................................................... 44 ARTICLE 1S. MORTGAGEE PROVISIONS .................................................................... 47 ARTICLE' 16. CHANGES IN OWNERSHIP OF UNITS ..................................................... 47 ARTICLE 17. CHANGES IN COMMON AREA ............................................................... 48 17.1. Condemnation .........................................................................................48 17.2. Partition ...................................................................................................48 17.3. Transfer or Dedication of Common Area ............................................. 49 ARTICLE; 18. AMENDMENT OF DECLARATION .......................................................... 49 18.1. By Declarant ............................................................................................49 18.2. By Members ............................................................................................. 49 18.3_ Validity and Effective Date .................................................................... 50 ARTICLE 19. MISCELLANEOUS .................................................................................. 50 19.1. Duration ...................................................................................................50 19.2. Severability ..............................................................................................50 Exhibit A Land Initially Submitted Exhibit B Land Subject to Annexation Tahoma Terra CCRs (Residential) Table o_f Contents -page iu #3 16764 III 0 i -28 16sIll04 ~ doc 5/6/06 ~~~~~~ ~~~~~ ~~~~~~~ ~ p8A307040£ 57 ~~~~ ~~~~~ ~~~~ ~~~ osr ~~~ ~~~ ~~~~~ ~~~~ ~~ 1 1 12006 1 D 51 II A TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TAHOMA TERRA RESIDENTIAL PROPERTY THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this _ ~ h~~ day of '~~ , 2006, by TAHOMA TERRA, L.L.C., a Washington limited liability compan ("Declarant"). INTRODUCTION TO THE COMMUNITY This Declaration provides a governance structure and a flexible system of standards acid procedures for the development, administration, maintenance and preservation of the residential property that is a component of the Tahoma Terra master planned community Under this Declaration, the Tahoma Terra Residential Association is assigned certain responsibilities for administration, maintenance and preservation of property within and adjacent to the residential portions of Tahoma Terra as set forth in this Declaration and the Declaration of Easements and Covenant to Share Costs for Tahoma Terra. These additional responsibilities benefit all of the property owners within the Tahoma Terra master planned community. ARTICLE 1. CREATION OF 1'HE COMMUNITY l.l. Purpose and Intent. Declarant, as the owner of the real property described in EXHIBIT A, intends by recording this Declaration to create a general plan of development for the residential portions of the master planned community known as Tahoma Terra. This Declaration provides a flexible and reasonable procedure for the future expansion of the community to include additional real property as Declarant deems appropriate. It also provides for the overall development, administration, maintenance and preservation of the real property now and hereafter comprising the residential community. An integral part of the development plan is the creation of Tahoma Terra Residential Association, an association comprised of all residential owners of real property in the community, to own, operate and/or maintain various common areas and community improvements and to administer and enforce this Declaration and the other Governing Documents referred to m this Declaration. Tahoma Terra CCRs (Residential) page 1 #316764 I 1101-281 6stD04~ doc 5/6/06 ~~ ~~~~ ~~~~ ~ 8g 0 206 { 0 51 R TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa 1,2. Binding Effect. ;'rll property described in EXHIBIT A, and any additional property which is made ,., }«~rt ~i~the Property in the future by recording one or more Supplemental Declarations, ~~~al~ lac- owned, conveyed and used subject to all of the provisions of this Declaration, wl;~cl~ slfall run with the title to such property. Except as otherwise specifically provided, tl~~1s s)cct~.rahon shall be binding upon all Persons having any right, title or interest in any ~~,~r-ti+':n of the Property, their heirs, successors, successors-in-title and assigns. I.3. Governing Documents. ~i-'he Governing Documents create a general plan of development for the Property ~~-(1ic11 maybe supplemented by additional covenants, restrictions and easements a~~~~i i~~able to particular Neighborhoods within the community. In the event of a conflict t~rt~-vef~n or among the Governing Documents and any such additional covenants or r~:,~stricklons and/or the provisions of any other articles of incorporation, bylaws, rules or ~`~~~(1c1es governing any Neighborhood, the Governing Documents shall control. Nothing rn tl;is section shall preclude any Supplemental Declaration or other recorded covenants ap}~licable to any portion of the Property from containing additional restrictions or ~rovl~ulns which are more restrictive than the provisions of this Declaration. The f~.~sc7c~~~t~on may, but shall not be required to, enforce any such covenants, restrictions or i~i`~~er ,nst1-uments applicable to any Neighborhood. X11 provisions of the Governing Documents shall apply to all Owners and to all ~~c~upants of their Units, as well as their respective tenants, guests and invitees. Any 1 ~°ti~c ~>n a Unit shall provide that the lessee and all occupants of the leased Unit shall be ~~~~~znd tiny the terms of the Governing Documents. '1 hroughout the Governing Documents there are diagrams to illustrate the tiuncepts discussed and aid in the reader's comprehension. Such diagrams are for 111u~;triitive purposes only. In the event of a conflict between any diagram and the text of ,hc. ~ovenling Documents, the text shall control. 7,rizorrn Tcn•~l CCRs (Residential) ::s1F764 fllOf-281 6sID04'doc 5/6/06 page 2 111111IIIN MINI IIIU VIII IIII Nlhl III VIII IIII IBI 3830704 Page 6 of 57 OS/11/2~06 10 51i Thurston Ca W GOVERNING DOCUMENTS Articles of Incorporation (filed with Secretary of State) Bylaws (the Board of Directors adopts) establishes the Association as anon-profit corporation under Washington law governs the Association's internal affairs, such as voting rights, elections, meetings, officers, etc Declaration - (Recorded) Supplemental Declaration (Recorded) Required Maintenance Supplemental Declaration Covenant to Share Costs (Recorded) Residential Design Guidelii (DRC adopts) Rules and Regulations (Board adopts) creates obligations which are binding upon the Association and all present and future owners of property in the Property adds real estate to the Property; may impose additional obligations or restrictions on such property establishes ceriam Areas of Common Responsibility which the City of Yelm requires the Association to maintain creates easements m favor of adjacent property owners, establishes maintenance standards and allocates costs establish residential design guidelines for improvements and modifications to Umts, including structures and landscaping establish rules, policies and procedures for internal governance and Association achvrties, regulate operation and use of Common Area DIAGRAM 1.1, Governing Documents. ARTICLE 2. CONCEPTS ANll DEFINITIONS The terms used in the Governing Documents shall generally be given their natural, commonly accepted definitions unless otherwise specified. Capitalized terms are defined as follows. 2.1. "Areas of Commoiz Responsibility": The Common Area, together with such other areas the Association has or assumes responstbthty for pursuant to the terms of this Declaration, any Supplemental Declaration, the Covenant to Share Costs or other applicable covenants, contracts or agreements. 2.2. "Articles of Lzcorporation" or "Articles ": The Articles of Incorporatton of Tahoma Terra Residential Assoctation, as filed with the Washington Secretary of State. 2.3. "Associutiort ": Tahoma Terra Residential Association, a Washington nonprofit corporation, its successors or assigns. Tahoma Terra CCRs (Residential) page 3 #316764 1 I IUI-281 6s1p04~ doc 5/6/06 3830704 IIII p5 9e 12006 f 0 51 A III (IIII IIII (IIII III III III III III (IIII III IIII II TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa 2.4. "BaseAssessfnent": Assessments levied on all Units subject to assessment under Article 8 to fund Common Expenses for the general benefit of all Units, as determined in accordance with Section 8.1. 2.5. "Board of Directors" or "Boas°d": The body responsible for administration of the Association, selected as provided in the Bylaws and serving as the board of directors under Washington corporate law. 2.6. "Builder": Any Person who purchases one or more Units for the purpose of constructing improvements for later sale to consumers, or who purchases one or more parcels of land within the Property for further subdivision, development and/or resale in the ordinary course of such Person's business. 2.7. "By[ams": The Bylaws of Tahoma Terra Residential Association 2.8. "Class B Control Period": The period of time during which the Class B Member is entitled to appoint a majority of the members of the Board. The Class B Control Penod expires upon the first to occur of the following: (a) when 100% of the total number of Units permitted by the Master Plan for the property described in EXHIBIT A and EXHIBIT B have been conveyed to Class A Members other than Builders; (b) December 31, 2025; or (c) when, in its discretion, the Class B Member so detennmes. 2.9. "Commercial Declaration ": The Declaration of Covenants, Conditions and Restrictions for Tahoma Terra Commercial and Multi-Family (Rental) Property recorded or to be recorded by Declarant, as it may be amended. 2.10. "Common Area": All real and personal property, mcluding easements, which the Association owns, leases or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners, mcluding, without limitation, entrance tracts, restrictive areas, parks, surface water retention/detention tracts, landscape tracts and other tracts or parcels conveyed to the Association by Declarant. The teen shall include any Exclusive Common Area and the Shared Property, as defined below. 2.11. "Common Expenses": The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, as the Board inay find necessary and appropriate pursuant to the Governing Documents. The Common Expenses shall include the Association's share of the Joint Expenses, defined below, in accordance with the Covenant to Share Costs. Common Expenses shall not include any expenses incurred during the Class B Control Period for initial development or other original construction Tahoma Terra CCRs (Reszdentzal) page 4 #316764 11101-281 6sID04~ doc 5/6/06 3830704 I IIII C5 9e (2006 f 10 51 R II III IIIIII IIIIII IIIIII IIIIII IIII III II II Wa (IIII n Co TAHOMA TERRA, LLC COV $88 00 Thursto costs unless approved by Members representing a majority of the total Class A vote of the Association 2.12. "Community-Wide Standard": The standard of conduct, maintenance or other activity generally prevailing throughout the Property. Such standard shall be established initially by Declarant and may contain both objective and subjective elements. The Community-Wide Standard may evolve as development progresses and as the needs and demands of the Property change. 2.13. "Covenant to Share Costs": That certain Declaration of Easements and Covenant to Share Costs for Tahoma Terra executed and recorded or to be recorded by Declarant, which creates certain easements for the benefit of the Association and the present and future owners of other real property within Tahoma Terra subject to such Covenant to Share Costs and which obligates the Association and such owners to share the costs of maintaining certain property described in such Covenant to Share Costs. 2.14. "Declarant": Tahoma Terra, L.L.C., a Washington limited liability company , or any successor or assign who takes title to any portion of the property described m EXHIBIT A or EXHIBIT B for the purpose of development and/or sale and who is designated as Declarant in a recorded instrument executed by the immediately preceding Declarant; provided, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" under this Declaration shall cease, it being understood that as to all of the property described in Ex~1~B~T A and EXHIBIT B, which is now or hereafter subjected to this Declaration, there shall be only one "Declaration" hereunder at any one point in time. 2.15. "Desig~t Review Comfnittee" or "DRC": The committee of the Association appointed by Declarant during the Class B Control Period and the Board thereafter to adopt the Residential Design Gwdelines, to accept and review applications from owners for improvements to be constructed within the Property and to fulfill those functions set forth in this Declaration. 2.16. "Exclusive Common Area": A portion of the Common Area primarily benefiting one or more, but less than a11, Neighborhoods, as more particularly described u1 Article 12. 2.17. "Governing Documents": A collective term referring to this Declaration and any applicable Supplemental Declaration, the Required Maintenance Supplemental Declaration, the Bylaws, the Articles, the Residential Design Guidelines, the Rules and Regulations and the Covenant to Share Costs, as each may be amended. 2.18. "Joint Expenses ": The actual and estimated expenses incurred or anticipated to be incurred by the Association to own, operate, maintain, improve, repair, replace and/or insure the Shared Property, to provide services to, or to take actions for the Tahoma Terra CCRs (Residential) #316764 l 1101-281 6stD04~ doc 5/6/06 page S ~~~~~~ ~~~~~ ~~~~~~ p8~ 0794of 57 ~~~~ ~~~~~ ~~~~ ~~~~ 0511 1 f 2006 10 51 ~~ ~~~ ~~~~~ ~~~~ ~~~~ A TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa general benefit of all of the association entities and/or property owners in the Tahoma Terra master planned community as may be authorized in the Covenant to Share Costs. 2.19. "Master Plan": The land use plan for the mixed-use, master planned Tahoma Terra community which includes all of the property described in EXHIBIT A and all or a portion of the property described in EXHIBIT B. Inclusion of property on the Master Plan shall not obligate Declarant to subject such property to this Declaration, nor shall the omission of property described in EXHIBIT B from the Master Plan bar its later submission to this Declaration as provided in Article 9. 2.20. "Member": A Person subject to membership m the Association pursuant to Section 6.2. 2.21. "Mortgage": A mortgage, a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to any Unit. A "Mortgagee" shall refer to a beneficiary or holder of a Mortgage. 2.22. "Neighborhood": A group of Units designated as a separate Neighborhood for purposes of sharing Exclusive Common Areas and/or receiving other benefits or services from the Association which are not provided to all Units within the Property. A Neighborhood maybe comprised of more than one housing type and may include noncontiguous parcels of property. If the Association provides benefits or services to less than all Units within a particular Neighborhood, then the benefited Units shall constitute asub-Neighborhood for purposes of determining and levying Neighborhood Assessments for such benefits or services. 2.23. "Neighborhood Assessments": Assessments levied against the Units in a particular Neighborhood to fund Neighborhood Expenses, as described in Section 8.2. 2.24. "Neighborhood Association": A condominium association or other owners association, if any, having concurrent jurisdiction (subject to this Declaration) with the Association over any Neighborhood. 2.25. "Neighborhood Co~nrnittee": A committee which maybe formed for a Neighborhood without a Neighborhood Association established in accordance with the Bylaws. 2.26. "Neighborhood Expenses": The actual and estimated expenses wh>ch the Association incurs or expects to incur for the benefit of Owners of Umts within a particular Neighborhood, as may be authorized pursuant to this Declaration or ~n the Supplemental Declaration(s) applicable to such Neighborhood(s). Neighborhood Expenses may include a reasonable reserve for capital repairs and replacements and a reasonable administrative charge. Tahoma Terra CCRs (Residential) page 6 #316764 I I IOI-281 6sf004~ doc 5/6/O6 3830704 IIII III IIII 05 g1e1 12006 010 5'R 1111111 IIIIIIiI Illil IIIIII III III I TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa 2.27. "Owner": One or more Persons wlio hold the record title to any Unit, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Umt is sold under a recorded contract of sale, and the contract specifically so provides, the purchaser (rather than the fee owner) will be considered the Owner. 2.28. "Person ": A natural person, a corporation, a partnership, a trustee or any other legal entity. 2.29. "Property": The real property described in EXHIBIT A, together with such additional property, whether contiguous or noncontiguous, as is subjected to this Declaration m accordance with Article 9. 2.30. "Required Maintenance Supplemental Declaration ": An instrument recorded as of the same date as this Declaration which sets forth certain Areas of Common Responsibility which the City of Yelm requires the Association to maintain. 2.31. "Residential Design Guidelines": The design guidelines and review procedures adopted pursuant to Article 4, as they maybe amended. 2.32. "Rules and Regulations": Board-adopted Rules and Regulations which establish administrative procedures for internal Association governance and operating procedures for use of the Common Area and property included within the Area of Common Responsibility. 2.33. "S/zared Property": The real and personal property within the Master Plan so designated by Declarant, and which >s owned and/or maintained by the Association for the common benefit of all Persons within Tahoma Terra, as more particularly described in the Covenant to Share Costs. 2.34. "Special Assessment": An assessment lev>ed m accordance with Section 8.4. 2.35. "Specifie Assessment": An assessment levied in accordance with Section 8.5. 2.36. "Supplemental Declaration ": An instrument recorded pursuant to Article 9 which subjects additional property to this Declaration, designates Neighborhoods and/or imposes, expressly or by reference, additional restrictions and obligations on the land described m such instrument. 2.37. "Tahoma Terra": The master planned development comprised of all property subjected (now or later) to this Declaration and other property developed in accordance with the Master Plan. Tahoma Ten~a CCRs (Residentaal) #316764 l 1101-281 6stD04~ doc 5/6/06 111111 VIII1111111 VIII VIII IIII 111111III VIII page 7 III IIII O58/g 10? 006 X10 5 R $88 00 Thurston Co Wa 2.38. "Unit": A portion of the Property, whether improved or unimproved, which may be independently owned and is intended for development, use and occupancy as an attached or detached residence for a single family. The term shall refer to the land, if any, which is part of the Unit as well as any improvements thereon. In the case of a building within a condominium or other structure containing multiple dwellings, each dwelling shall be deemed to be a separate Unit. Prior to recording a subdivision plat, a parcel of vacant land or land on which improvements are under construction, shall be deemed to contain the number of Umts designated for residential use for such parcel on the preliminary plat or the site plan approved by Declarant, whichever is more recent. Until a preliminary plat or site plan has been approved, such parcel shall be deemed to contain the number of Units set by Declarant in conformance with the Master Plan. ARTICLE 3. USE AND CONDUCT 3.1. General Use Restrictions. The Property shall be used only for residential, recreational and related purposes (which may include, without limitation, offices for any property manager retained by the Association or business offices for Declarant, approved Builders or the Association consistent with this Declaration and any Supplemental Declaration). Any Supplemental Declaration or additional covenants imposed on the property within any Neighborhood may impose stricter standards than those contained in the Declaration and the Association shall have standing and the power to enforce such standards. 3.2. Restricted Activities. The following activities are prohibited within the Property unless expressly authorized by, and then subject to such conditions as maybe unposed by, the Board: (a) Parking. Parking of commercial vehicles (even if owned by the Owner or occupant of the Umt), recreational vehicles, mobile homes, boats or other watercraft, or other oversized vehicles, stored vehicles, or inoperable vehicles within Units, other than enclosed garages; provided that such operable vehicles maybe parked outside for a period between 7:00 a.m. and 10:00 p.m. for purposes of loading and unloading. Guest recreational vehicles may be parked outside for up to 48 hours if registered with the Association in accordance with rules adopted by the Board. This provision shall not restrict the parking of police or other emergency vehicles or van pool or similar ride-sharing vehicles. (b) Vehicle Repair. Storing, repairing, or maintaining vehicles; equipment of any type on any part of a Unit except in an enclosed garage. Tahoma 7err•a CCRs (Residential) page 8 #316764 11101-281 6sfD04~doc 5/6/06 III 1111111 I I VIII IIII 111111 III 111111 III IIII 05819 10 2006 0 0 5 R IIII TAHOMA TERRA, LLC COV $88.00 Thurston Co Wa (c) Pets. Raising, breeding, or keeping of animals, livestock, or poultry of any kind, except that a reasonable number of dogs, cats, or other usual and common household pets maybe permitted in a Unit. However, those pets which are permitted to roam free, or, in the sole discretion of the Board, make objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience to the occupants of other Units shall be removed upon the Board's request. If the pet owner fails to honor such request, the Board may remove the pet. Pets shall be kept on a leash or otherwise confined in a manner acceptable to the Board whenever outside the dwelling and such owners shall pick up after their animals. (d) Drainage Flows. Obstruction or rechanneling of drainage flows after location and installation of drainage swales, storm sewers, or storm drains, except that Declarant and the Association shall have such right; provided, the exercise of such right shall not materially diminish the value of or unreasonably interfere with the use of any Unit without the Owner's consent. (e) Timesharing. Operation of a timesharing, fraction-sharing, or similar program whereby the right to exclusive use of the Unit rotates among participants in the program on a fixed or floating time schedule over a period of years. (f) Water Quality. Any activities which would have an adverse impact on the quality or quantity of existing water supplies. Adverse impacts shall include, but shall not be limited to, increases or decreases in water flow rates, levels, or volumes, increases or decreases in sedimentation, or diminishment of water quality below existing standards. (g) Garage Sales. Any garage sale, moving sale, rummage sale, or similar activity, except in accordance with Rules and Regulations the Board may adopt. (h) Residential Design Guidelines. Any construction, erection, placement, or modification of any thing, permanently or temporarily, on the outside portions of the Unit, whether such portion is improved or unimproved, except in str>ct compliance with the provisions of Article 4 of this Declaration. This shall include, without limitation, signs, swing sets and similar sports and play equipment; clotheslines; fountains; lawn statuaries; flagpoles; above-ground swimming pools and spas; dog runs; or fences of any kind. (i) Satellite Dishes. Standard TV antennas and satellite dishes one meter in diameter or less shall be permitted; however, such over-the-air reception devices shall comply with the Residential Design Guidelines or other applicable use restrictions adopted by Declarant or the Association pertaining to the means, method and location of TV antenna and satellite dish installation. Declarant and/or the Association shall have the right, without obligation, to erect an aerial, satellite dish or other apparatus for a master antenna, cable or other communication system for the benefit of all or a portion of the Tahoma Terra CCRs (Resrdential) gage 9 #316764 11101-281 6stb04~ doc 5/6/06 3830704 I III IIII 059e /2006 c 0 5~ta illllill 111111 IIIIIIII 1111111 I i I IIII I TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa Property, should any master system or systems be utilized by the Association and require such exterior apparatus. (j) Outside Storage. Storage of items outside of the dwelling or enclosed garage, including portable play equipment and temporary storage bins. 3.3. Prohibited Conditions. The following shall be prohibited within the Property: (a) Noxious Plants, etc. Plants, animals, devices, or other things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of the Property. (b) Dilapidated Items. Structures, equipment, or other items on the exterior portions of a Unit which have become rusty, dilapidated, or otherwise fallen into disrepair. (c) Withdrawal of Ground or Surface Water. Sprinkler or irrigation systems or wells of any type which draw upon water from creeks, streams, ponds, wetlands or other ground or surface waters within the Property. (d) Wood-Burning Fireplaces. Open-air burning or use of wood- burning fireplaces or stoves; provided, that outdoor cooking facilities, such as barbecues, are permissible subject to applicable rules, regulations and laws, if any. 3.4. Protection of Owners and Others. Use restrictions set forth in this Declaration or in any amendment and all Rules and Regulations shall comply with the following provisions: (a) Similar T~°eatment. Similarly situated Owners shall be treated similarly; provided, that the use restrictions may vary by Neighborhood. (b) Displays. The rights of Owners to display religious and holiday signs, symbols and decorations inside structures on their Units of the kinds normally displayed in dwellings located in single-family residential neighborhoods shall not be abridged, except that such shall be consistent with local law. The Association may adopt time, place and manner restrictions with respect to any displays visible from outside the dwelling. No use restrictions shall regulate the content of political signs; however, rules may regulate the time, place and manner of posting such signs. (c) Household Composition. No use restriction shall interfere with the freedom of Owners to determine the composition of their households, except that the Association shall have the power to require that all occupants be members of a single housekeeping unit and to limit the total number of occupants permitted in each Unit on Tahorna Terra CCRs (Restdent~al) page 10 #316764 I 1101-281 6stD04~ doc 5/6/06 3830704 IIIII ~59e 1200601© 5~R IIIIII VIII IIII IIIIII IIIIII III I I IIIIII I III Wa I Co TAHOMA TERRA, LLC COV $88 00 Thurston the basis of the size and facilities of the Unit and its fair use of the Common Area and on the basis of compliance with applicable local law. (d) Activities Within Dwellings. No use restriction shall interfere with the activities carried on within the confines of dwellings, except that the Association may prohibit activities not normally associated with property restricted to residential use, and it may restrict or prohibit any activities that create monetary costs for the Association or other Owners, that create a danger to the health or safety of occupants of other Units, that generate excessive noise or traffic, that create unsightly conditions visible outside the dwelling, or that create an unreasonable source of annoyance. (e) Household Occupations. No use restriction may interfere with the rights of an Owner or occupant residing in a Unit to conduct business activities within the Unit so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Unit; (ii) the business activity is consistent with the residential character of the Property and does not constitute a nuisance or a hazardous or offensive use or threaten the security or safety of other residents of the Property, as inay be determined in the Board's sole discretion; (iii) it is allowed by local and state law; (iv) the business activity does not result in more than three commercial vehicles visiting the Unit per week; and (v) the business activity does not involve the use of more than 25% of the Unit's total residential floor area. (f) Allocation of Burdens and Benefits. No use restriction shall alter the allocation of financial burdens among the various Units or rights to use the Common Area to the detriment of any Owner over that Owner's objection expressed in writing to the Association. Nothing in this provision shall prevent the Association from changing the Common Area available, from adopting generally applicable Rules and Regulations for use of Common Area, or from denying use privileges to those who abuse the Common Area or violate the Governing Documents. This provision does not affect the right to increase the amount of assessments as provided m Article 8. (g) Alienation. No use restriction shall prohibit transfer of any Unit, or require consent of the Association or Board for transfer of any Unit. The Association may require that Owners use lease forms approved by the Association, but shall not impose any fee on the lease or transfer of any Unit greater than an amount reasonably based on the costs to the Association of administering that lease or transfer. (h) Reasonable Rights to Develop. No use restriction, Rule or Regulation or action by the Association or Board shall unreasonably impede Declarant's right to develop the Property or other portions of Tahoma Terra. Tahorr:a Terra CCRs (Residentzal) page 11 #316764 I 1101-281 6stU04~ doc 5/6/06 3830704 IIII III IIII ~59e120 6010 5~R IIIIIIIiII IIIIIIII IIIII IIIIilll IIIII TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa ARTICLE 4. IMPROVEMENTS AND LANDSCAPING 4.1. General. No structure or thing shall be placed, erected or installed upon any Unit within the Property and no improvements or other work (including staking, clearing, excavation, grading and other site work, exterior alterations of existing improvements or planting or removal of landscaping) shall take place within the Property, except in compliance with this Article and the Residential Design Guidelines. No approval shall be required to repaint the exter>or of a structure in accordance with the originally approved color scheme or to rebuild in accordance with originally approved plans and specifications. Any Owner may remodel, paint or redecorate the interior of such Owner's Umt without approval. However, modifications to the interior of screened porches, patios and similar portions of a Unit visible from outside the structure and modifications to enclose garages as living space shall be subject to approval. All dwellings constructed on any portion of the Property shall be desigmed by and built in accordance with the plans and specifications of a licensed architect or licensed building designer unless otherwise approved by Declarant or its designee in its sole discretion. This Article shall not apply to Declarant's activities, nor to the Association's activities during the Class B Control Period. 4.2. Design Review. (a) Purpose of Review. Each Owner, by accepting a deed or other instrument conveying any interest in any portion of the Property, acknowledges that Declarant has a substantial interest in ensuring that the improvements within the Property enhance Declarant's reputation as a community developer and do not impair Declarant's ability to market, sell or lease its property. Therefore, each Owner agrees that no activity within the scope of this Article ("Work") shall be commenced on such Owner's Unit unless and until the Design Review Committee ("DRC") has given its prior written approval for such Work, which approval may be granted or withheld in the DRC's sole discretion. During the Class B Control Period, Declarant may, in its sole discretion, designate those Persons who shall serve as members or the DRC in reviewing applications hereunder. Members of the DRC appointed by Declarant may include architects, engineers or other persons who may or may not be Members of the Association. Any such appointment shall be in writing, specifying the scope of responsibilities delegated, and shall be subject to Declarant's right to revoke such appointment at any time. Tahoma Tura CCRs (Reszdentral) page 12 #316764 1 1101-281 6sib04~ doc 5/6/06 I I III P89 0706 of 57 I IIII III IIII IIIIIIII (IIII 1111111 , IIII IIII 0511 1 ! III 2006 TAHOMA TERRA, LLC 10 51q COV $88 00 Thurston Co Wa (b) Board Appointed DRC. Upon expiration or termination of Declarant's rights under this Article to appoint the DRC, the Association, acting through the DRC, shall assume jurisdiction over matters described in this Article 4. The DRC, when appointed by the Board, shall consist of at least three, but not more than seven, persons who shall serve and may be removed and replaced in the Board's discretion. The members of the DRC need not be Members of the Association or representatives of Members, and may, but need not, include architects, engineers or similar professionals, whose compensation, if any, shall be established from time to time by the Board. The DRC maybe broken into or may form subcommittees to preside over particular areas of review (e.g., a new construction subcommittee and a modifications subcommittee.) Any reference herein to the DRC should be deemed to include a reference to any such subcommittee. (c) DRC Fees; Assistance. DRC may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application. Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers or other professionals. Declarant and the Association may employ architects, engineers or other persons as deemed necessary to perform the review. The Board may include the compensation of such persons in the Association's annual operating budget as a Common Expense. 4.3. Guidelines and Procedures. (a) Residential Design Guidelines. The Declarant-appointed DRC shall prepare initial Residential Design Guidelines, which may contain general provisions applicable to all of the Property as well as specific provisions which vary from Neighborhood to Neighborhood. The Residential Design Guidelines are not the exclusive basis for decisions of the DRC and compliance with the Residential Design Guidelines does not guarantee approval of any application. The Declarant-appointed DRC shall have sole and full authority to amend the Residential Design Guidelines as long as Declarant owns any portion of the Property or has a right to expand the Property pursuant to Section 9.1. Upon termination or delegation of Declarant's right to appoint the DRC, the Board-appointed DRC shall have the authority to amend the Residential Design Guidelines only with the consent of the Board. Any amendments to the Residential Design Guidelines shall be prospective only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced. There shall be no limitation on the scope of amendments to the Residential Design Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Residential Design Guidelines less restrictive. (b) Procedures. No Work shall commence on any portion of the Property until an application for approval has been submitted to and approved by the DRC. Such application shall include plans and specifications ("Plans") showing site Tahoma Terra CCRs (Restde~ztzal) page 13 #316764 11101-281 bstD04~ doc 5/6/U6 3830704 III IIII 05 g1e1 /2006 X10 5~R 1111111 VIII II VIII IIIIII III I I IIIIII III I I TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa layout, structure design, exterior elevations, exterior materials and colors, landscaping, drainage, exterior lighting, irrigation and other features of proposed construction, as applicable. The Residential Design Guidelines and the DRC may require the submission of such additional information as inay be reasonably necessary to consider any application. In reviewing each submission, the DRC may consider any factors it deems relevant, including, without limitation, harmony of external design with surrounding structures and environment. Decisions may be based on purely aesthetic considerations. Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and/or attractiveness of particular improvements. The DRC shall respond in wasting to the applicant at the address specified in the application. The response may (i) approve the application, with or without conditions; (ii) approve a portion of the application and disapprove other portions; or (iii) disapprove the application. The DRC may, but shall not be obligated to, specify the reasons for any objections and/or offer suggestions for curing any objections. In the event that the DRC fails to respond m a timely manner (as provided m the Residential Design Guidelines), approval shall be deemed to have been given, subject to Deelarant's right to veto approval by the DRC pursuant to this Section. However, no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Residential Design Guidelines unless a differing design proposal has been approved pursuant to Section 4.5. Notice shall be deemed to have been given at the time the envelope containing the response is deposited with the U. S. Postal Service. Personal delivery of such written notice shall, however, be sufficient and shall be deemed to have been given at the time of delivery to the applicant. Until expiration of Declarant's rights under this Article, the DRC shall notify Declarant in wasting within 3 business days after the DRC has approved any application relating to proposed Work within the scope of matters delegated to the DRC by Declarant. The nonce shall be accompanied by a copy of the application and any additional information which Declarant may require. Declarant shall have 10 days after receipt of such nonce to veto any such action, in its sole discretion, by written notice to the DRC and the applicant. If construction does not commence on a project for which Plans have been approved within one year after the date of approval, such approval shall be deemed withdrawn and it shall be necessary for the Owner to reapply for approval before commencing the proposed Work. Once construction is commenced, it shall be diligently pursued to completion. All Work shall be completed within one year of commencement unless otherwise specified in the notice of approval or unless the DRC grants an extension m writing, winch it shall not be obligated to do. If approved Work is not Tuhoma Ten-a CCRs (Resldentral) page 14 #316764 I t 101-231 6sID04' doc 5/6/06 3830704 IIII page . 18 of 57 III III O5! 1 1 ! 2006 10 51 A IIIII (IIII (IIII IIIII I I I IIII IIII IIII IIII Wa TAHOMA TERRA, LLC COV $88 00 Thurston Co completed within the required time, it shall be considered nonconforming and shall be subject to enforcement action by the Association, Declarant or any aggrieved Owner. The DRC may, by resolution, exempt certain activities from the application and approval requirements ofthis Article, provided such activities are undertaken in strict compliance with the requirements of such resolution. 4.4. No Waiver of Future Approvals. Each Owner acknowledges that the persons reviewing applications under this Article will change from time to time and that opinions on aesthetic matters, as well as interpretation and application of the Residential Design Guidelines, may vary accordingly. In addition, each Owner acknowledges that it may not always be possible to identify objectionable features of proposed Work until the Work is completed, in which case it may be unreasonable to require changes to the improvements involved, but the DRC may refuse to approve similar proposals in the future. Approval of applications or Plans for any Work done or proposed, or in connection with any other matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any similar applications, Plans, or other matters subsequently or additionally submitted for approval. 4.5. Variances. The DRC may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship or aesthetic or environmental considerations require, but only in accordance with duly adopted rules and regulations. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless m writing; (b) be contrary to this Declaration; or (c) estop the DRC from denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any permit or the terms of any financing shall not be considered a hardship warranting a variance. 4.6. Limitation of Liability. The standards and procedures established by this Article are intended as a mechanism for maintaining and enhancing the overall aesthetics of the Property; they do not create any duty to any Person. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only and the DRC shall not bear any responsibility for ensuring the structural mtegnty or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements, nor for ensuring that all dwelling are of comparable quality, value or size or of similar design. Tahoma Te~•~•cr CCRs (Resldentral) page IS #316764 I 1101-281 6siD04' doc 5/6/06 3830704 VIII page 19 of 57 III II O5 / 1 1 12006 10 51 A 111111 VIII VIII VIII III III III a I III o W II III ton C TAHOMA TERRA, LLC COV $88 00 Thurs Declarant, the Association, the Board, any committee or member of any of the foregoing shall not beheld liable for soil conditions, drainage or other general site work, any defects in plans revised or approved hereunder, or any injury, damages or loss arising out of the manner or quality of approved construction on or modifications to any Unit. In all matters, the Board, the DRC and any members thereof shall be defended and indemnified by the Association as provided in Section 7.6. 4.7. Certificate of Approval. Any Owner may request that the DRC issue a certificate of approval certifying that there are no known violations on such Owner's Unit of this Article or the Residential Design Guidelines. The Association shall either grant or deny such request within 30 days after receipt of a written request and may charge a reasonable administrative fee for issuing such certificates. Issuance of such a certificate shall estop the Association from taking enforcement action with respect to any condition as to which the Association had notice as of the date of such certificate. ARTICLE 5. MAINTENANCE AND REPAIR 5.1. Maintenance of Areas of Common Responsibility. The Association shall maintain the Areas of Common Responsibility as described in Section 7.2. 5.2. Maintenance of Units. Each Owner shall maintain the Owners Unit and all landscaping and improvements comprising the Unit in a manner consistent with the Goveniing Documents, the Community-Wide Standard and all applicable covenants, unless such maintenance responsibility is otherwise assumed by or assigned to the Association or a Neighborhood Association pursuant to any Supplemental Declaration. Unless performed by the Association pursuant to Section 5.3 below, each Owner shall also be responsible for maintaining and irrigating the landscaping within that portion of any adjacent Common Area or public right-of--way lying between the Unrt boundary and any wall, fence, curb or water's edge located on the Common Area or public right-of--way adjacent to the Unit boundary; provided, there shall be no rght to remove trees, shrubs or similar vegetation from this area without prior approval pursuant to Article 4 and any required approvals from the City of Yelm. 5.3. Maintenance of Neighborhood Property. Upon resolution of the Board, Owners within each Neighborhood shall be responsible for paying, through Neighborhood Assessments, the costs of operating, maintaining and insuring certain portions of the Areas of Common Responsibility within or adjacent to such Neighborhood. This may include, without limitation, the costs of Tahoma Ten-a CCRs (Residentutl) page 16 #316764 11101-281 6sIb04'doc 5/6/06 3830704 III II IIII OSl91e 12006 X10 5~R 111111 1111111 IIIlillllli IIlillll i III III I TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa maintaining any signage, entry features, right-of--way and green space between the Neighborhood and adjacent public roads, private streets within the Neighborhood and lakes or ponds within the Neighborhood, regardless of ownership and regardless of the fact that such maintenance maybe performed by the Association; provided, all Neighborhoods which are similarly situated shall be treated the same. Any Neighborhood Association shall maintain its common property and any other property for which it has maintenance responsibility in a manner consistent with the Governing Documents, the Community-Wide Standard and all applicable covenants. The Association may assume maintenance responsibility for property within any Neighborhood, in addition to that designated by any Supplemental Declaration, either by agreement with the Neighborhood or because, in the opinion of the Board, the level and quality of service then being provided is not consistent with the Community-Wide Standard. All costs of maintenance pursuant to this paragraph shall be assessed as a Neighborhood Assessment only against the Units within the Neighborhood to which the services are provided. The provision of services in accordance with this Section shall not constitute discrimination within a class. 5.4. Responsibility for Repair and Replacement. Unless otherwise specifically provided in the Governing Documents or in other instruments creating and assigning maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement, as necessary to maintain the property to a level consistent with the Community-Wide Standard. Repair and replacement may include improvement if necessary to comply with applicable building codes or other regulations or if otherwise deemed appropriate, in the Board's reasonable discretion. By virtue of taking title to a Unit, each Owner covenants and agrees with all other Owners and with the Association to carry property insurance for the full replacement cost of all insurable improvements on the Owner's Unit, less a reasonable deductible, unless either the Neighborhood Association (if any) for the Neighborhood in which the Unit is located or the Association carries such insurance (which they may, but are not obligated to do hereunder). If the Association assumes responsibility for obtaining any insurance coverage on behalf of Owners, the premiums for such insurance shall be levied as a Specific Assessment against the benefited Umt and the Owner. Each Owner further covenants and agrees that m the event of damage to or destruction of structures on or composing such Owner's Unit, the Owner shall proceed promptly to repair or to reconstruct in a manner consistent with the original construction or such other plans and specifications as are approved m accordance with Article 4. Alternatively, the Owner shall clear the Unit and maintain it in a neat and attractive, landscaped condition consistent with the Community-Wide Standard. The Owner shall pay any costs which are not covered by insurance proceeds. Tahoma Terra CCRs (Residential) page 17 #316764 11101-281 6stp04' doc 5/6/06 3830704 VIIIIIIIII O5/A1e/2006010 5~R IIIIIIIII Iiillll IIIIIIII Iillllll 111111 TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa The requirements of this Section shall apply to any Neighborhood Association responsible for common property within the Neighborhood in the same manner as if the Neighborhood Association were an Owner and the common property were a Umt. Additional recorded covenants applicable to any Neighborhood may establish more stringent requirements for insurance and more stringent standards for rebuilding or reconstructing structures on the Units within such Neighborhood and for clearing and maintaining the Umts in the event the structures are not rebuilt or reconstructed. ARTICLE 6. THE ASSOCIATION AND ITS MEMBERS 6.1. Function of Association. The Association is the entity responsible for management, maintenance, operation and control of the Areas of Common Responsibility. The Association also is the primary entity responsible for enforcement of the Governing Documents. The Association shall perform its functions in accordance with the Governing Documents and applicable state and local law. 6.2. Membership. Every Owner shall be a Member of the Association. There shall be only one membership per Unit. If a Unit is owned by more than one Person, all co-Owners shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth m Section 6.3(c) and in the Bylaws, and a]1 such co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner which is not a natural person maybe exercised by any officer, director, partner or trustee, or by the individual designated from time to time by the Owner m a written instrument provided to the Secretary of the Association. 6.3. Voting. The Association shall have two classes of membership, Class A and Class B. (a) Class A. Class A Members shall be all Owners except the Class B Member, if any. Class A Members shall have one equal vote for each Unit in which they hold the interest required for membership under Section 6.2, except that there shall be only one vote per Unit and no vote shall be exercised for any property which is exempt from assessment under Section 8.9. (b) Class B. The sole Class B Member shall be Declarant. The Class B Member may appoint a majority of the members of the Board of Directors during the Class B Control Period, as specified in the Bylaws. Additional rights of the Class B Member are specified in the relevant sections of the Governing Documents. Upon Tcrhorna Terra CCRs (Restdent~nl) page 18 #316764 11101-281 6s1004~ doc 5/6/06 3830704 IIII p5ge /200600 5~R (IIII III IIII IIII III IIII IIII II a IIII W IIIII Co III on IIII rst it Thu TAHOMA TERRA, LLC COV $88 00 termination of the Class B Control Period, Declarant shall be a Class A Member entitled to Class A votes for each Unit which it owns. (c) Exercise of Voting Rights. Members may exercise voting rights as set forth >n the Bylaws. If there is more than one Owner of such Unit, the vote for such Unit shall be exercised as the co-Owners determine among themselves and advise the Secretary of the Association in writing prior to the vote being taken. Absent such advice, the Unit's vote shall be suspended >fmore than one Person seeks to exercise it. 0 Members who are also subject to a Neighborhood Association may have their voting rights exercised by a voting representative if and to the extent set forth in the governing documents of such Neighborhood Association. 6.4. Neighborhoods. The Property may contain one or more Neighborhoods, each of which have common uses, have access to certain Common Areas, or share other common characteristics as determined by Declarant. Declarant reserves the right to designate which portions of the Property, if any, shall constitute a Neighborhood. Neighborhoods need not comprise the entirety of the Property, nor must all Units part of a Neighborhood. Furthermore, a Neighborhood maybe comprised of more than one housing type. Neighborhoods may include non-contiguous parcels of property. (a) Supplemental Declarations. Declarant reserves the right to record against each of the Neighborhoods, as the same maybe designated in this Declaration or a Supplemental Declaration, or amendments thereto, additional covenants, conditions, restrictions and reservations governing, expanding or confining the use of any such Neighborhood, reserving additional easements therein, or imposing certain Specific Assessments in connection therewith. (b) Neighborhood Associations. The establishment of a Neighborhood may be accompanied by the formation of a Neighborhood Association. Declarant or, subject to Declarant's approval, any other Owner of all of the Property comprising a Neighborhood may elect to cause any such Neighborhood Association to be formed prior to the conveyance of any Unit therein to individual Owners. At the time a Neighborhood Association is formed, or at anytune thereafter, Declarant or the Board may delegate to the Neighborhood Association certain rights and obligations with respect to the portion of the Property located within the Neighborhood. Such rights and dunes may include, without limitation, the obligation to maintain certain Common Areas within the Neighborhood; to establish and enforce rules and regulations; and to hold title to and administer, manage, operate and insure property located within the Neighborhood. (c) Neighborhood Committees. With respect to any Neighborhood that does not have a Neighborhood Association, the Board may appoint a Neighborhood Committee which shall be responsible for recommending to the Board any policies and Ta/soma Terra CCRs (Residential) page 19 #316764 11101-281 6sf004' doc 5/6/06 III II IIII O581g 1~ 2006 X10 5 A IIlillllllllllllll 1111111 I I III III III TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa procedures pertaining to the Neighborhood or to propose decisions relating to the operation, use, maintenance, repair, replacement or improvement of any Common Areas within or benefiting such Neighborhood. (d) Services. Any Neighborhood, acting either through a Neighborhood Committee or through a Neighborhood Association, if any, may request that the Association provide a higher level of service than that which the Association generally provides to all Neighborhoods, or may request that the Association provide special services for the benefit of Units in such Neighborhood. Upon the affirmative vote, written consent or a combination thereof, of Owners of a majority of the Units within the Neighborhood, the Association shall provide the requested services. The cost of such services, which may include a reasonable administrative charge in such amount as the Board deems appropriate (provided, any such administrative charge shall apply at a uniform rate per Unit to all Neighborhoods receiving the same service), shall be assessed against the Units w>thin such Neighborhood as a Neighborhood Assessment. ARTICLE 7. ASSOCIATION POWERS AND RESPONSIBILITIES 7.1. Acceptance and Control of Association Property. The Association, through action of its Board, may acquire, hold and dispose of tangible and intangible personal property and real property. Declarant and its designees may convey to the Association personal property and fee title, leasehold or other property interests in any real property, improved or unimproved, described in EXHIBIT A or EXHIBIT B. The Association shall accept and maintain such property at its expense for the benefit of its Members, subject to any restrictions set forth in the deed or other instrument transferring such property to the Association and any obligations or conditions appurtenant to such property. Upon Declarant's written request, the Association shall reconvey to Declarant any unimproved portions of the Property ongmally conveyed by Declarant to the Association for no consideration, to the extent conveyed by Declarant m error or needed by Declarant to make minor adjustments in property lines. 7.2. Maintenance of Areas of Common Responsibility. The Association shall maintain, in accordance with the Community-Wide Standard, the Areas of Common Responsibility, which shall include, but need not be limited to: (a) all portions of, and improvements to, the Common Area; (b) to the extent agreed to by the Board, supplemental landscaping, maintenance and repairs to property dedicated or conveyed to City of Yelm or other public entities (to the extent permitted by and consistent with any conditions imposed by such entities) and which may include public rights-of--way within or abutting the Tal7oma Ter-r-a CCRs (Residential) page 20 #316764 I 1101-28 16sN04' doc 5/6/06 3830704 IIIIII 05g1e1 /2006 010 5~A IIIIIII IIIIIII IIIIII IIIII (IIIIIII IIIIIII I TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa Property, public parks and play areas, public trails, drainage areas and storm water facilities; (c) such portions of any additional property included within the Areas of Common Responsibility as may be dictated by this Declaration, any Supplemental Declaration, the Covenant to Share Costs, or any contract or agreement for maintenance thereof entered into by the Association, including landscaping and other flora, viewsheds, parks, lakes, utility areas or improvements, structures, improvements, streets, alleyways and bike/pedestrian pathways and trails; (d) any ponds, streams and/or wetlands located within the Property including those which serve as part of the storm water drainage system for the Property, including improvements and equipment installed therein or used in connection therewith; and (f) any property and facilities owned by Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the Association and its Members, such property and facilities to be identified by written notice from Declarant to the Association and to remain a part of the Areas of Common Responsibility and be maintained by the Association until such time as Declarant revokes such privilege of use and enjoyment by written notice to the Association. The Association shall maintain the facilities and equipment within the Areas of Common Responsibility in continuous operation, except for any periods necessary, as determined in the sole discretion of the Board, to perform required maintenance or repairs, unless Members representing 67% of the Class A votes in the Association and the Class B Member, if any, agree in writing to discontinue such operation. Except as provided above, the Areas of Common Responsibility shall not be reduced by amendment of this Declaration or any other means except with Declarant's prior written approval as long as Declarant owns any property described in EXHIBIT A or EXHIBIT B of this Declaration. The costs associated with maintenance, repair, monitoring and replacement of the Areas of Common Responsibility shall be a Common Expense; provided, the Association may seek reimbursement from the owner(s) of, or other Persons responsible for, certain portions of the Areas of Common Responsibility pursuant to this Declaration, the Covenant to Share Costs, other recorded covenants, or agreements with the owner(s) thereof. Maintenance, repair and replacement of Exclusive Common Areas shall be a Neighborhood Expense assessed to the Neighborhood(s) such to which the Exclusive Common Areas are assigned, notwithstanding that the Association maybe responsible for performing such maintenance hereunder. Tahorna Terra CCRs (Resadential) page 21 #316764 I 1101-281 6s1004~ doc 5/6/06 3830704 VIII II IIII OS g1e1 / 2006 0 0 5 A IIIIIIIIII IIIIIIIiI Ililil ill III TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa The maintenance obligations of the Association set forth in this Section 7.2 and elsewhere in this Declaration are subject to the terms and conditions of the Required Maintenance Supplemental Declaration. In the event of any inconsistency between this Declaration and the Required Maintenance Supplemental Declaration, the terms and conditions of the Required Maintenance Supplemental Declaration shall govern. 7.3. Insurance. (a) Required Coverages. The Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect the following types of insurance, if reasonably available, or if not reasonably available, the most nearly equivalent coverages as are reasonably available: (i) Property insurance covering the full replacement cost all insurable improvements under current building ordinances and codes on the Common Area and within the Areas of Common Responsibility to the extent that Association has assumed responsibility in the event of a casualty, regardless of ownership; (ii) Commercial general liability insurance insuring the Association and its Members with limits of (if generally available at reasonable cost, including primary and any umbrella coverage) at least $1,000,000.00 per occurrence with respect to bodily injury, personal injury and property damage or such additional coverage and higher limits which a reasonably prudent person would obtain; (iii) Workers' compensation insurance and employer's hability insurance, if and to the extent required bylaw; (iv) Directors' and officers' liability coverage; (v) Fidelity insurance covering all Persons responsible for handling Association funds in an amount determined in the Board's business judgment; and (vi) Such additional insurance as the Board, in its business judgment, detennmes advisable. In addition, the Association may, on request of a Neighborhood Association, and shall, if so specified in a Supplemental Declaration applicable to any Neighborhood, obtain and maintain property insurance on the insurable improvements within such Neighborhood which insurance shall comply with the requirements of Section 7.3(a)(i). Any such policies shall provide for a certificate of insurance to be furnished upon request to the Owner of each Unit insured. Tc~homa Terra CCRs (Residential) page 22 #316764 II101-281 6stD04~doc 5/6/06 3830704 IIIIII Page 26 of 57 II IIIIII 05!1112006 10 51R IIIIIIIIIII III Illll Ililllli IIIIII TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa Premiums for all insurance on the Areas of Common Responsibility shall be Common Expenses, except that (i) premiums for property insurance on the Shared Property shall be a Joint Expense allocated in accordance with the Covenant to Share Costs; (ii) premiums for property insurance on Units within a Neighborhood shall be a Neighborhood Expense; and (iii) premiums for insurance on Exclusive Common Areas maybe included in the Neighborhood Expenses of the Neighborhood(s) to which such Exclusive Common Areas are assigned unless the Board reasonably determines that other treatment of the premiums is more appropriate. (b) Policy Reyirirements. The Association shall arrange for an annual review of the sufficiency of its insurance coverage by one or more qualified Persons. All Association policies shall provide for a certificate of insurance to be furnished to the Association and, upon request, to each Member insured. The policies may contain a reasonable deductible. In the event of an insured loss, the deductible shall be treated as a Joint Expense, Common Expense or a Neighborhood Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with the Bylaws, that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees or lessees, then the Board may assess the full amount of such deductible against such Owner(s) and their Units as a Specific Assessment. All insurance coverage obtained by the Board shall: (i) be written with a company authorized to do business in Washington which satisfies the requirements of the Federal National Mortgage Association, or such other secondary mortgage market agencies or federal agencies as the Board deems appropriate; (ii) be written in the name of the Association as trustee for the benefited parties. Policies on the Common Areas shall be for the benefit of the Association and its Members. Policies secured on behalf of a Neighborhood shall be for the benefit of the Owners within the Neighborhood and their Mortgagees, as their interests may appear; (iii) not be brought into contribution with insurance purchased by Owners, occupants or their Mortgagees individually; (iv) contain an inflation guard endorsement; (v) include an agreed amount endorsement, if the policy contains a co-insurance clause; Tahoma Terra CCRs (Residential) page Z3 #316764 I 1 101-28I 6sID04~ doc 5/6/06 I III I IIIIIiI III IIIIIIIIIIIIIIIIII IIIIIIIIIIIII o890 zo 600 5 A TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa (vi) provide that each Owner is an insured person under the policy with respect to liability arising out of such Owner's interest in the Common Area as a Member in the Association (provided, this provision shall not be construed as giving an Owner any interest in the Common Area other than that of a Member); (vii) provide a waiver of subrogation under the policy against any Owner or household member of a Owner; (viii) include an endorsement precluding cancellation, invalidation, suspension or non-renewal by the insurer on account of any one or more individual Owners, or on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure; and (ix) include an endorsement precluding cancellation, >nvalidation, or condition to recovery under the policy on account of any act or omission of any one or more individual Owners, unless such Owner is acting within the scope of its authority on behalf of the Association. In addition, the Board shall use reasonable efforts to secure insurance policies which provide: (i) a waiver of subrogation as to any claims against the Association's Board, officers, employees and its manager, the Owners and their tenants, servants, agents and guests; (ii) a waiver of the insurer's nghts to repair and reconstruct instead of paying cash; (iii) an endorsement requiring at least 30 days' prior written notice to the Association of any cancellation, substantial modification, or non-renewal; and (iv) across-liability provision. (c) Restoring Damaged Ifnprovements. In the event of damage to or destruction of Common Area or other property which the Association is obligated to insure, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repairing or restoring the property to substantially the condition in which it existed prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes. Damaged improvements on the Common Area shall be repaired or reconstructed in a timely manner unless Members representing at least 75% of the total Class A votes in the Association, and the Class B Member, if any, decide not to repair or Tahonra Terru CCRs (Resrdentral) page 24 #316764 II101-281 6sfl)04~doc 5/6/06 I III 3830704 Illlll Page 28 of 57 IIII I IIIIIIII IIIII IIIII IIII o IIIII 5/11 IIII 120 TAHOMA TERRA, LLC 06 10 51R COV $88.00 Thurston Co Wa reconstruct. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed. If a decision is made not to restore the damaged improvements, and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive, landscaped condition consistent with the Community-Wide Standard. Any insurance proceeds remaining after paying the costs of repair or reconstruction, or after such settlement as is necessary and appropriate, shall be retained by the Association for the benefit of its Members or the Persons entitled to use the damaged or destroyed property, as appropriate, and placed in a capital improvements account. This is a covenant for the benefit of Mortgagees and maybe enforced by the Mortgagee of any affected Unit. 7.4. Compliance and Enforcement. Every Owner and occupant of a Unit shall comply with the Governing Documents. The Board may impose sanctions for violation of the Governing Documents after notice and a hearing in accordance with the procedures set forth in the Bylaws. Such sanctions may include, without limitation: (a) imposing reasonable monetary fines which shall constitute a lien upon the violator's Unit. (In the event that any occupant, guest or invitee of a Unit violates the Governing Documents and a fine is imposed, the fine shall first be assessed against the violator; provided, if the fine is not paid by the violator wrthm the time period set by the Board, the Owner shall pay the fine upon notice from the Board); (b) suspending an Owner's right to vote; (c) suspending any Person's right to use any recreational facilities within the Common Area; provided, nothing herein shall authorize the Board to limit ingress or egress to or from a Unit; (d) suspending any services provided by the Association to an Owner or the Owner's Unit if the Owner is more than 30 days delinquent in paying any assessment or other charge owed to the Association; (e) exercising self-help or taking action to abate any violation of the Governing Documents in anon-emergency situation; (f) requiring an Owner, at its own expense, to remove any structure or improvement on such Owner's Unit >n violation of Article 4 and to restore the Unit to its previous condition and, upon failure of the Owner to do so, the Board or its designee shall have the right to enter the property, remove the violation and restore the property to Tahoma Terra CCRs (Residential) page 25 #316764 I110I-281 6siD04~ doc 5/6/06 IIIIIIIIIIIIIIIIIIIIIIIIII X89 0 2006 010 5~R IIIIIIIIIIII I IIIIII! TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa substantially the same condition as previously existed and any such action shall not be deemed a trespass; (g) without liability to any Person, precluding any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of Article 4 and the Residential Design Guidelines from continuing or performing any further activities m the Property; and (h) levying Specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents. In addition to any other enforcement rights, if an Owner fails properly to perform the Owner's maintenance responsibil>ty, the Association may record a notice of violation or perform such maintenance responsibilities and assess all costs incurred by the Association against the Unit and the Owner as a Specific Assessment. If a Neighborhood Association fails to perform its maintenance responsibilities, the Association may perform such maintenance and assess the costs as a Specific Assessment against all Units within such Neighborhood. Except in an emergency situation, the Association shall provide the Owner or Neighborhood Association reasonable notice and an opportunity to cure the problem prior to taking such enforcement action. All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, if the Association prevails, it shall be entitled to recover all costs, including, without limitation, attorneys fees and court costs, reasonably incurred in such action. The Association shall not be obligated to take any action if the Board reasonably determines that the Association's position is not strong enough to justify taking such action that the covenant, use restriction, or Rule and Regulation being enforced is, or is likely to be construed as, inconsistent with applicable law; or that it is not m the Association's interest, based upon hardship, expenses, or other reasonable criteria to pursue enforcement action. Such a decis>on shall not be construed a waiver of the right of the Association to enforce such provision at a later time under other circumstances or estop the Association from enforcing any other covenant, use restrtchon, or Rule and Regulation. While conducting the Association's business affairs, the Board shall act within the scope of the Governing Documents and in good faith to further the legitimate interests of the Association and its Members. In fulfilling its governance responsibilities, the Board's actions shall be governed and tested by the rule of reasonableness. The Board shall exercise its power in a fair and nondiscriminatory manner and shall adhere to the procedures established in the Governing Documents. T'ahomu Ter~•a CCRs (Residential) page 26 #316764 11101-28] 6stll04~ doc 5/6/06 3830704 IIII IIII 051y1e !2006 010 5~R I III IIII I IIIIIIIII IIIIIIIII IIIIIIIII i III TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa 7.5. Implied Rights; Board Authority. The Assoc>ation may exercise any right or privilege given to it expressly by the Governing Documents, or reasonably implied from or reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically provided in the Governing Documents, or by law, all rights and powers of the Association maybe exercised by the Board without a vote of the membership. The Board may institute, defend, settle or intervene on behalf of the Association m mediation, binding or non-binding arbitration, litigation, or administrative proceedings in matters pertaining to the Area of Common Responsibility, enforcement of the Governing Documents, or any other civil claim or action. However, the Governing Documents shall not be construed as creating any independent legal duty to institute litigation on behalf of or in the name of the Association or its members. 7.6. Indemnification of Officers, Directors and Others. Subject to Washington law, the Association shall indemnify every officer, director and committee member against all damages and expenses, including counsel fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member, except that such obligation to indemnify shall be limited to those actions for which liability is limited under this Section and Washington law. The officers, directors and committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association). The Association shall indemnify and forever hold each such officer, director and committee member harmless from any and all liability to others on account of any such contract, commitment, or action. This right to indemnification shall not be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available. 7.7. Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Property designed to make the Property safer than they otherwise might be. Neither the Association nor Declarant shall in any way be considered insurers or guarantors of security within the Property, nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security Tahon~a Terra CCRs (Residenttal) page 27 #316764 I ] 101-281 65tll04~ doc 5/6/06 13830704 Ilil VIII III 057~1e 12006 X10 5'A IIIIIIIIIIiIII IIIIIIIIIII IIIIIIII TAHOMA TERRA, LLC COV $88 00 Thurston Ca Wa measures undertaken. No representation or warranty is made that any systems or measures, including any mechanism or system for limiting access to the Property, camlot be compromised or circumvented, nor that any such systems or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands and covenants to inform its tenants and all occupants of its Unit that the Association, its Board and committees, and Declarant are not insurers and that each Person using the Property assumes all risks of personal injury and loss or damage to property, including Units and the contents of Units, resulting from acts of third parties. 7.8. Provision of Services. The Association may provide or provide for services and facilities for the Members, their guests, lessees and invitees, and shall be authorized to enter into and terminate contracts or agreements with other entities, including Declarant, to provide such services and facilities. The Board may charge use and consumption fees for such services and facilities. By way of example, some services and facilities which might be offered include landscape maintenance, pest control service, cable television service, security, caretaker, transportation, fire protection, utilities and similar services and facilities. Nothing herein shall be construed as a representation by Declarant or the Association as to what, if any, services shall be provided. In addition, the Board shall be permitted to modify or cancel existing services provided, in its discretion, unless otherwise required by the Governing Documents. No Owner shall be exempt from the obligation to pay for such services, if provided to all Owners as a Common Expense, based upon non-use or any other reason. 7.9. Relations with Other Properties. The Association may enter into contractual agreements or covenants to share costs with other associations, properties or facilities for maintaimng and/or operating shared or mutually beneficial properties or facilities. Each Owner acknowledges and agrees that the Association is or shall be obligated under the Covenant to Share Costs to contribute funds for, among other things, shared or mutually beneficial property or services within Tahoma Terra. 7.10. Facilities and Services Open to the Public. Certain facilities and areas within the Property may be open for use and enjoyment of the public. Such facilities and areas may include, byway of example: greenbelts, trails and paths, parks and other neighborhood spots conducive to gathering and interaction, roads, sidewalks and medians. Declarant may designate such facilities and areas as open to the public at the time Declarant makes such facilities and areas a part of the Areas of Common Responsibility or the Board may so designate at any time thereafter. Portions of the Common Area and/or Shared Property which are not intended to be open to the public maybe posted as private property. Tahoma Ter•r-a CCRs (Res~cle~7ha1) page 28 #316764 I 1101-281 6stD04~ dog 5/6/06 111111 IIIII ~ P89 0~0z of 57 ~~~~ ~~~~ ~~~~ 0 ~~ ~~~ ~~~~~ ~ 51 1 1 12006 ~~~ ~~~~ 10 51 A TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa 7.11. Relationship with Tax-Exempt Organizations. Declarant or the Association ]nay create, enter into agreements or contracts with, or grant exclusive and/or non-exclusive easements over portions of the Common Area to non-profit, tax-exempt organizations, the operation of which confers some benefit upon the Property, the Association, the Members or residents. While such organization(s) may perform a variety of services and functions, it is anticipated that such activities will focus on environmental and conservation programs benefiting the Tahoma Terra area and the community as a whole. If established by Declarant or the Association for activities within the Master Plan, the Association shall be responsible to fund the minimum organization expenses of maintaining such entity and may contribute money, real or personal property, or services to such entity. Such expenses and any such contnbutlons shall be a Joint Expense. For the purposes of this Section, a "tax-exempt organization" shall mean an entity which is exempt from federal income taxes under the Internal Revenue Code ("Code"), such as, but not limited to, entities which are exempt from federal income taxes under Section 501(c)(3) or 501(c)(4), as the Code may be amended from time to time. ARTICLE 8. ASSOCIATION FINANCES 8.1. Budgeting and Allocating Common Expenses. At least 60 days before the beginning of each fiscal year, the Board shall prepare a budget of the estimated Common Expenses for the coming year, including any contributions to be made to a reserve fund pursuant to Section 8.3. The budget or additional worksheets shall reflect Association expenses incurred in fulfilling the responsibilities and payments made pursuant to the Covenant to Share Costs. The Association's share of the amount owed under the Covenant to Share Costs shall be entered as a line item in the Association's budget of Common Expenses allocated to its Members hereunder. The budget shall also reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from pnor years, any income expected from sources other than assessments levied against the Units, and the amount to be generated through the levy of Base Assessments and Special Assessments against the Units, as author>zed m Section 8.6. The Association is hereby authorized to levy Base Assessments equally against all Units subject to assessment under Section 8.6 to fund the Common Expenses. In determining the Base Assessment rate per Unit, the Board may consider any assessment income expected to be generated from any additional Units reasonably anticipated to become subject to assessment during the fiscal year. Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy (in addition to any amounts paid by Declarant under Section 8.7(6)), which maybe either a contr>bution, an advance against future Tahoma Terra CCRs (Res~der~tial) page 29 #316764 11101-281 6s1~04'doc 5/6/06 II 3830704 IIIIIIIIIII 055el2006010 5~R IIIIII III Ilillllil IIIIIIIII 1111111 TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa assessments due from Declarant, or a loan, m Declarant's discretion. Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and Declarant. Within 30 days after the adoption of a final budget by the Board, the Board shall send to each Owner a copy of the final budget, notice of the amount of the Base Assessment to be levied pursuant to such budget, and notice of a meeting to consider ratification of the budget. Such meeting shall be held not less than 14 nor more than 60 days from the mailing of such materials. The budget and assessment shall be ratified unless disapproved at a meeting by Members representing at least 67% of the total Class A votes m the Association and by the Class B Member, if such exists. Such ratification shall be effective whether or not a quorum is present. If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any year, then the budget most recently in effect shall continue in effect until a new budget is determined. The Board may revise the budget and adjust the Base Assessment from time to time during the year, subject to the notice requirements and the right of the Members to disapprove the revised budget as set forth above. 8.2. Budgeting and Allocating Neighborhood Expenses. At least 60 days before the beginning of each fiscal year, the Board shall prepare a separate budget covering the estimated Neig}iborllood Expenses for each Neighborhood on whose behalf Neighborhood Expenses are expected to be incurred during the coming year. Each such budget shall include any costs for additional services or a higher level of services which the Owners in such Neighborhood have approved pursuant to Section 6.4(a) and any contribution to be made to a reserve fund pursuant to Section 8.3. The budget shall also reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Umts, and the amount required to be generated through the levy of Neighborhood and Special Assessments against the Units in such Neighborhood. The Association is hereby authorized to levy Neighborhood Assessments equally against all Units in the Neighborhood which are subject to assessment under Section 8.6 to fund Neighborhood Expenses; provided, if so specified m the applicable Supplemental Declaration or if so directed by petition signed by a majority of the Owners within the Neighborhood, any portion of the assessment intended for exterior maintenance of structures, insurance on structures, or replacement reserves which pertain to particular structures shall be levied on each of the benefited Units in proportion to the benefit received. Tahoma Terra CCRs (Resulentaal) page 30 #316764 1 1101-281 6sI004~ doc 5/6/06 ~~~ ~~~~ ~ 8g ~ ~~ 6~ 0 5 A TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa Within 30 days prior to the beginning of the fiscal year after the adoption of a final budget for a Neighborhood by the Board, the Board shall send to each Owner within the Neighborhood a copy of the final budget, notice of the amount of the Neighborhood Assessment to be levied pursuant to such budget and notice of a meeting to consider ratification of the budget. Such meeting shall be held not less than 14 nor more than 60 days from the mailing of such materials. Such budget and assessment shall be ratified unless disapproved at a meeting of the Neighborhood by Owners of at least 67% of the Units in the Neighborhood to which the Neighborhood Assessment applies and the Class B Member, if any. Such ratification shall be effective whether or not a quorum is present. If the proposed budget for any Neighborhood is disapproved or if the Board fails for any reason to determine the budget for any year, then until such time as a budget is determined, the budget in effect for the immediately preceding year shall continue for the current year. The Board may revise the budget for any Neighborhood and the amount of any Neighborhood Assessment from time to time during the year, subject to the notice requirements and the right of the Owners of Umts in the affected Neighborhood to disapprove the revised budget as set forth above. 8.3. Budgeting for Reserves. The Board shall prepare and periodically review a reserve budget for the Areas of Common Responsibility and for each Neighborhood for which the Association maintains capital items as a Neighborhood Expense. The budgets shall take into account the number and nature of replaceable assets, the expected life of each asset and the expected repair or replacement cost. The Board shall include in the Common Expense budget adopted pursuant to Section 8.1 or the Neighborhood Expense budgets adopted pursuant to Section 8.2, as appropriate, a capital contribution to fund reserves m an amount sufficient to meet the projected need with respect both to amount and timing by annual contributions over the budget period. 8.4. Special Assessments. In addition to other authorized assessments, the Association may levy Special Assessments to cover unbudgeted expenses or expenses in excess of those budgeted. Any such Special Assessment maybe levied as a Joint Expense and allocated in accordance with the Covenant to Share Costs, may be levied against the entire membership, if such Special Assessment is for Common Expenses, or may be levied against the Units within any Neighborhood if such Special Assessment is for Neighborhood Expenses. Except as otherwise specifically provided in this Declaration, any Special Assessment shall require the affirmative vote or written consent of Members (if a Common Expense) or Owners (if a Neighborhood Expense) representing more than 50% of the total votes allocated to Units which will be subject to such Special Tahoma Terra CCRs (Residential) page 31 #316764 1 1101-281 6stll04' doc 5/6/06 III II IIIIIII I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 089020 610 5 R TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa Assessment, and the affirmative vote or written consent of the Class B Member, if such exists. Special Assessments shall be payable in such manner and at such times as determined by the Board, and maybe payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 8.5. Specific Assessments. The Association shall have the power to levy Specific Assessments against a particular Unit as follows: (a) to cover the costs, including overhead and administrative costs, of providing services to Units upon request of an Owner pursuant to any menu of special services which maybe offered by the Association. Specific Assessments for special services maybe levied in advance of the provision of the requested service; and (b) to cover costs incurred in bunging the Unit into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Unit, their agents, contractors, employees, licensees, invitees, or guests; provided, the Board shall give the Unit Owner prior written notice and an opportunity for a hearing, in accordance with the Bylaws, before levying any Specific Assessment under this subsection (b). The Association may also levy a Specific Assessment against the Umts within any Neighborhood to reimburse the Association for costs incurred in bringing the Neighborhood into compliance with the provisions of the Governing Documents, provided the Board gives prior written notice to the Owners of Units in the Neighborhood and an opportunity for such Owners or members of the Neighborhood Committee to be heard before levying any such assessment. 8.6. Authority to Assess Owners; Time of Payment. Declarant hereby establishes and the Association is hereby authorized to levy assessments as provided for in this Article and elsewhere in the Governing Documents. The obligation to pay assessments shall commence as to each Unit, after the Board first determines a budget and levies assessments, six months after the Umt is first conveyed to an Owner by Declarant. The first annual Base Assessment and Neighborhood Assessment, if any, levied on each Unit shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Unit. Assessments shall be paid m such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at closing of the transfer of title to a Unit and impose special requirements for Owners with a history of delinquent payment. If the Board so elects, assessments maybe paid in two or more installments. Unless the Board otherwise provides, the Base Assessment and any Neighborhood Assessment shall be due and payable in advance on the first day of each Tahoma Terra CCRs (Restdential) page 3Z #316764 l l 101-281 6s1~04~ doc 5/6/06 3830704 Ilii IIII IIII 55ge !2006 0 0 5~A IIII IIII Iillll IIIIIIiI IIIiII IIIII TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa fiscal year. If any Owner is delinquent in paying any assessments or other charges levied on his Unit, the Board may require the outstanding balance on all assessments to be paid in full immediately. 8.7. Obligation for Assessments. (a) Personal Obligation. Each Owner, by accepting a deed or entering into a recorded contract of sale for any portion of the Property, is deemed to covenant and agree to pay all assessments authorized in the Governing Documents. All assessments, together with interest (computed from its due date at a rate of 10% per annum or such higher rate as the Board may establish, subject to the limitations of Washington law), late charges as determined by Board resolution, costs and reasonable attorneys' fees, shall be the personal obligation of each Owner and a lien upon each Unit until paid in full. Upon a transfer of title to a Unit, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay Base Assessments and Neighborhood Assessments on the same basis as during the last year for which an assessment was made, if any, until a new assessment is levied, at which time the Association may retroactively assess any shortfalls in collections. No Owner may exempt himself from liability for assessments by non-use of Common Area, abandonment of his Unit, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or setoff shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. Upon written request, the Association shall furnish to any Owner liable for any type of assessment a certificate in writing signed by an Association officer setting forth whether such assessment has been paid. Such certificate shall be conclusive evidence of payment. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. (b) Declarant's Option to Fund Ba~dget Deficits. During the Class B Control Period, Declarant may satisfy its obligation for assessments, if any, on Units which it owns either by paying such assessments in the same manner as any other Owner or by paying the difference between the amount of assessments levied on all other Umts subject to assessment and the amount of actual expenditures by the Association during the fiscal year. Unless Declarant otherwise notifies the Board in writing at least 60 days before the beginning of each fiscal year, Declarant shall be deemed to have elected to Tahoma Terra CCRs (Residential) page 33 #316764 I 1101-?81 6SYll04~ doc 5/6/06 II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII o8g0zo6~osA I III IIIIIIIII TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa continue paying on the same basis as during the immediately preceding fiscal year. Regardless of Declarant's election, Declarant's obligations hereunder may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by a combination of these. After termination of the Class B Control Period, Declarant shall pay assessments on its unsold Units in the same manner as any other Owner. 8.8. Lien for Assessments. The Association shall have a lien against each Unit to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of Washington law) and costs of collection (including attorneys' fees). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments and other levies which by law would be superior and (b) the lien or charge of any recorded first Mortgage (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, maybe enforced by suit, judgment and judicial or nonjudicial foreclosure. The Association inay bid for the Unit at the foreclosure sale and acquire, hold, lease, mortgage and convey the Unit. While a Unit is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Unit shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Unit had it not been acquired by the Association. The Association may sue for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same. Sale or transfer of any Unit shall not affect the assessment lien or relieve such Unit from the lien for any subsequent assessments. However, the sale or transfer of any Unit pursuant to foreclosure of the first Mortgage shall extinguish the lien as to any installments of such assessments due prior to the Mortgagee's foreclosure. The subsequent Owner to the foreclosed Unit shall not be personally liable for assessments on such Unit due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Units subject to assessment under Section 8.6, including such acquirer, its successors and assigns. 8.9. Exempt Property. The following property shall be exempt from payment of Base Assessments, Neighborhood Assessments and Special Assessments: (a) All Common Area and such portions of the property owned by Declarant as are included in the Areas of Common Responsibility; (b) Any property dedicated or conveyed to and accepted by any governmental entity or public utility; and Tahoma Terra CCRs (Residential) page 34 #316764 I 1101-281 6stl)04~ doc 5/6/06 111111 ~ I III ~~~ ~ P8g 070$ of 57 II 1111111111 05 VIII III VIII ! 11 /2006 1 IIIIIIII o 518 TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa (c) Property owned by any Neighborhood Association for the common use and enjoyment of its members, or owned by the members of a Neighborhood Association as tenants-in-common. In addition, Declarant and/or the Association shall have the right, but not the obligation, to grant exemptions to certain Persons qualifying for tax exempt status under Section 501(c) of the Internal Revenue Code so long as such Persons own property subject to this Declaration for purposes listed in Section 501(c). 8.10. Capitalization of Association. Upon acquisition of record title to a Unit by the first Owner thereof other than Declarant or a Builder, a contribution shall be made by or on behalf of the purchaser to the working capital of the Association in the amount of Two Hundred Dollars ($200). This amount shall be in addition to, not in lieu of, the annual Base Assessment and shall not be considered an advance payment of such assessment. This amount shall be deposited into the purchase and sales escrow and disbursed therefrom to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the Bylaws. ARTICLE 9. EXPANSION OF THE COMMUNITY 9.1. Expansion by Declarant. Declarant may from time to time subject to the provisions of this Declaration all or any portion of the property described in ExHIBIT B, including portions which are not contiguous to other portions of the Property, by recording a Supplemental Declaration describing the additional property to be subjected. A Supplemental Declaration recorded pursuant to this Section shall not require the consent of any Person except the owner of such property, if other than Declarant. Declarant's right to expand the Property pursuant to this Section shall expire when all property described in ExIIIBIT B has been subjected to this Declaration or 20 years after this Declaration is recorded, whichever is earlier. Until then, Declarant may transfer or assign this right to any Person who is the developer of at least a portion of the real property described in EXHIBIT A or EXHIBIT B. Any such transfer shall be memorialized in a written, recorded instrument executed by Declarant. Nothing in this Declaration shall be construed to require Declarant or any successor to subject additional property to this Declaration or to develop any of the property described in EXHIBIT B in any mamler whatsoever. Tahoma Ten-a CCRs (Residerataal) #1316764 11101-281 6sN04~doc 5/6/06 uiiii iiiii iiuiii iuu iiui ii page 35 111111 III VIII IIII III o 8g 0,2006 010 5 R COV $88 00 Thurston Co Wa 9.2. Expansion by the Association. The Association may also subject additional property to the provisions of this Declaration by recording a Supplemental Declaration describing the additional property. Any such Supplemental Declaration shall require the affirmative vote of Members representing more than 50% of the Class A votes of the Association and the consent of the owner of the property. In addition, so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, Declarant's consent shall be necessary. The Supplemental Declaration shall be signed by the President and Secretary of the Association, by the owner of the property and by Declarant, if Declarant's consent is necessary. 9.3. Additional Covenants and Easements. Declarant may subject any portion of the Property to additional covenants and easements, including covenants obligating the Association to maintain and insure such property and authorizing the Association to recover its costs through Neighborhood Assessments. Such additional covenants and easements maybe set forth either in a Supplemental Declaration subjecting such property to this Declaration or in a separate Supplemental Declaration referencing property previously subjected to this Declaration. If the property is owned by someone other than Declarant, then the consent of the Owner(s) shall be necessary and shall be evidenced by their execution of the Supplemental Declaration. Any such Supplemental Declaration may supplement, create exceptions to, or otherwise modify the terms of this Declaration as it applies to the subject property in order to reflect the different character and intended use of such property. 9.4. Effect of Recording Supplemental Declaration. A Supplemental Declaration shall be effective upon recording unless otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental Declaration, any additional property subjected to this Declaration shall be assigned voting rights in the Association and assessment liability in accordance with the provisions of this Declaration. 9.5. Subjection of Previously Commercial Property. In the event that any property now or hereafter subjected to the Commercial Declaration is withdrawn from coverage of the Commercial Declaration, including, without limitation, any property which >s to be converted to condominium form of ownership, the owner of such property shall subject such property to the provisions of this Declaration by filing a Supplemental Declaration in the public records describing the property and specifically subjecting it to the terms of this Declaration; provided, this requirement shall not apply to property withdrawn by Declarant pursuant to Section 8.3 of the Commercial Declaration ("Withdrawal of Property"), which property Declarant, in Tahoma Terra CCRs (Resrdential) page 36 #316764 11101-281 6si004~ doc 5/6/06 3830704 IIIIIIIIII 05ge12006010 5~ta IIIIIIIIIIII IIIIIIIII I i IIIiII I I II TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa its sole discretion, shall have the authority to subject, or not to subject, to this Declaration in accordance with this Section. Such Supplemental Declaration shall not require the consent of the Residential Association but shall require the signature of an officer of the Residential Association acknowledging it. In addition, Declarant's prior written consent shall be necessary so long as Declarant owns any property described in EXHIBIT A or EXHIBIT B. 9.6. Subjection of Residential Property to Commercial Declaration. In the event that any property now or hereafter subjected to this Declaration is withdrawn from coverage of this Declaration, the owner of such property shall subject such property to the provisions of the Commercial Declaration by filing a Supplemental Declaration, as defined in the Commercial Declaration, in the public records describing the property and specifically subjecting it to the terms of the Commercial Declaration; provided, this requirement shall not apply to property withdrawn by Declarant pursuant to Section 10.1 of this Declaration, which property Declarant, in its sole discretion, shall have the authority to subject, or not to subject, to the Commercial Declaration in accordance with Section 8.5 of the Commercial Declaration ("Subjection of Previously Residential Property"). Such Supplemental Declaration shall not require the consent of the Commercial Association but shall require the signature of an officer of the Commercial Association acknowledging it. In addition, Declarant's prior written consent shall be necessary so long as Declarant owns any property described in Exhibit A or Exhibit B of the Commercial Declaration. ARTICLE 10. ADDITIONAL RIGHTS RESERVED TO DECLARANT 10.1. Withdrawal of Property. Declarant reserves the right to amend this Declaration, so long as it has a right to annex additional property pursuant to Section 9.1, for the purpose of removing any portion of the Property which has not yet been improved with structures from the coverage of this Declaration, provided such withdrawal does not reasonably violate the overall scheme of development for the Master Plan. Such amendment shall not require the consent of any Person other than the Owner(s) of the property to be withdrawn, if not Declarant. If the property is Common Area, the Association shall consent to such withdrawal. 10.2. Marketing and Sales Activities. Declarant and Builders authorized by Declarant may construct and maintain upon portions of the Common Area such facilities and activities as, in Declarant's sole opinion, may be reasonably required, convenient or incidental to the construction or sale of Units, including, but not limited to, business offices, signs, model units and sales offices. Declarant and authorized Builders shall have easements for access to and use of such facilities and shall not be subject to fees or rental charges. Tahoma Teri°a CCRs (Residential) page 37 #316764 1 1101-281 bsfD04~ doc 5/6/06 3830704 IIII IIII O5l~ie !2006 010 S~R II III (IIII IIIIIIII IIIIIIII III III IIIIIIII TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa 10.3. Right to Develop. Declarant and its employees, agents and designees shall have a right of access and use and an easement over and upon all of the Common Area for the purpose of making, constructing and installing such improvements to the Common Area as it deems appropriate in its sole discretion, so long as such improvements are not inconsistent with the permitted uses and purposes of the Common Areas. Every Person that acquires any interest in the Property acknowledges that Tahoma Terra is a master planned community, the development of which is likely to extend over many years, and agrees not to protest, challenge or otherwise object to (a) changes in uses or density of property outside the Neighborhood in which such Person holds an interest, or (b) changes in the Master Plan as it relates to property outside the Neighborhood in which such Person holds an interest. 10.4. Right to Approve Additional Covenants. No Person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Property without Declarant's review and written consent. Any attempted Recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by written consent signed and recorded by Declarant. 10.5. Right to Transfer or Assign Declarant Rights. Any or all of Declarant's rights and obligations set forth in this Declaration or the Bylaws may be transferred in whole or in part to other Persons; provided, the transfer shall not reduce an obligation nor enlarge a right beyond that which Declarant has under this Declaration or the Bylaws. No such transfer or assignment shall be effective unless it is in a written instrument signed and recorded by Declarant. The foregoing sentence shall not preclude Declarant from permitting other Persons to exercise, on a one time or limited basis, any right reserved to Declarant in this Declaration where Declarant does not intend to transfer such right in its entirety, and in such case it shall not be necessary to record any written assignment unless necessary to evidence Declarant's consent to such exercise. 10.6. Easement to Inspect and Right to Correct. (a) Declarant reserves for itself and such other Persons as it may designate perpetual non-exclusive easements throughout the Property to the extent reasonably necessary for the purposes of access, inspecting, testing, redesigning, or correcting any portion of the Property, including Units and the Area of Common Responsibility. Tahoma Terra CCRs (Residential) page 38 #316764 11101-281 6st004~ doc 5/6/06 13830704 VIII III III 05 9e 12006 010 5 R IIIIIIIIII IIIIIIIIII (IIIIIIIIII it TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa (b) Entry onto a Unit shall be after reasonable notice, except in an emergency. Entry into a structure on a Unit shall be only after Declarant notifies the Unit's Owner and agrees with the Owner regarding a reasonable time to enter the structures on such Unit to perform such activities; provided, however, that if entry is required due to a security alarm which has not been silenced after two hours, Declarant or the Association may enter the Unit to silence the alarm if good faith effort has been made to notify the Owner. (c) Any damage to a Unit or the Area of Common Responsibility resulting from the exercise of the easement or right of entry described in subsections (a) and (b) of this Section shall promptly be repaired by, and at the expense of, the Person exercising the easement right. The exercise of these easements shall not unreasonably interfere with the use of any Unit and entry onto any Umt shall be made only after reasonable notice to the Owner or occupant. ARTICLE 11. EASEMENTS AND RESTRICTIONS 11.1. Easements in Common Area. Declarant grants to each Owner a nonexclusive right and easement of use, access and enjoyment in and to the Common Area, subject to: (a) The Governing Documents and any other applicable covenants; (b) The Covenant to Share Costs and rights of Persons set forth therein; (c) Any restrictions or limitations contained in any deed conveying such property to the Association; (d) The Board's right to: (i) adopt Rules and Regulations governing the use and enjoyment of the Common Area, including rules limiting the number of guests who may use the Common Area; (ii) suspend the right of an Owner to use recreational facilities within the Common Area (A) for any period during which any charge against such Owner's Unit remains delinquent and (B) for a period not to exceed 30 days for a single violation or for a longer period in the case of any continuing violation, of the Governing Documents after notice and a hearing pursuant to the Bylaws; (iii) dedicate or transfer all or any part of the Common Area, subject to such approval requirements as may be set forth in this Declaration; Tahonica Ten•a CCRs (Res~denhal) page 39 #316764 I 1101-281 6siD04~ doc 5/6/06 3830704 IIII page 43 of 57 IIII 05/11/2006 10 51R IIII IIII IIII III IIII IIII I I a IIIII W I II Co II on IIIII urst I Th TRHOMA TERRR, LLC COV $88 00 (iv) permit use of any recreational facilities situated on the Common Area by persons other than Owners, their families, lessees and guests upon payment of use fees established by the Board and designate other areas and facilities within the Areas of Common Responsibility as open for the use and enjoyment of the public; (v) mortgage, pledge, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred subject to the approval requirements contained in this Declaration; and (e) The rights of certain Owners to the exclusive use of those portions of the Common Area designated "Exclusive Common Areas," as described in Article 12. Any Owner may extend such Owner's right of use and enjoyment to the members of such Owner's family, lessees and social invitees, as applicable, subject to reasonable regulation by the Board. An Owner who leases such Owner's Unit shall be deemed to have assigned all such rights to the lessee of such Unit for the period of the lease. 11.2. Easements of Encroachment. Declarant grants reciprocal appurtenant easements of encroachment, and for maintenance and use of any permitted encroachment, between each Unit and any adjacent Common Area and between adjacent Units due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of these restrictions) to a distance of not more than three feet, as measured from any point on the common boundary along a line perpendicular to such boundary. However, in no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of, or with the knowledge and consent of, the Person claiming the benefit of such easement. 11.3. Easements for Utilities, etc. (a) Installation and Mainteraarace. Declarant reserves for itself, so long as Declarant owns any property described in EXHIBIT A or EXHIBIT B of this Declaration, on behalf of itself, its nominees, successors and assigns, perpetual non- exclusive easements throughout the Property (but not through a structure) to the extent reasonably necessary for the purpose of: (i) installing utilities and infrastructure to serve the Property, walkways, pathways and trails, drainage systems, streetlights, bioswales, stormwater retention facilities, septic tanks, drain fields and other sewage systems and signage on property which Declarant owns or within public rights-of--way or easements reserved for such purpose on recorded plats; Tahomu Terra CCRs (Resadentral) page 40 #316764 I 1101-281 6stU04~ doc 5/6/06 I III III P8g 0704 of 57 IIIIIIIIIIIII IIIIIIIIII IIIIIIIIIII 05!11/ III IIII 2006 10 51 A TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa (>i) inspecting, maintaining, repairing and replacing the utilities, infrastructure and other improvements described in Section 11.3(a)(i); (in) access to read utility meters; and (iv) access to and from the public rights-of--way to any wetland, body of water, bioswale stormwater retention facility orwater-monitoring site to perform water monitoring and testing, maintenance, repair or reconstruction. Notwithstanding anything to the contrary herein, this easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing dwelling on a Unit, and any damage to a Unit resulting from the exercise of this easement shall promptly be repaired by, and at the expense of, the Person exercising the easement. Exercise of this easement shall not unreasonably interfere with the use of any Unit and, except in an emergency, entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. (b) Specific Easements. Declarant also reserves for itself the non- exclusive right and power to grant and record such specific easements as maybe necessary, in the sole discretion of Declarant, in connection with the orderly development of any property described in EXHIBIT A and EXHIBIT B. The location of the easement shall be subject to the written approval of the Owner of the burdened property, which approval shall not unreasonably be withheld, delayed or conditioned. 11.4. Easements to Serve Additional Property. Declarant hereby reserves for itself and its duly authorized agents, successors, assigns and mortgagees, an easement over the Common Area for the purposes of enjoyment, use, access and development of the property described in ExHIBIT B, whether or not such property is made subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over the Common Area for construction of roads and for connecting and installing utilities on such property. Declarant agrees that it and its successors or assigns shall be responsible for any damage caused to the Common Area as a result of their actions m connection with development of such property. Declarant further agrees that if the easement is exercised for permanent access to such property and such property or any portion thereof benefiting from such easement is not made subject to this Declaration, or any other declaration of covenants, conditions and restrictions under which an owners' association is created or provided for, Declarant, its successors or assigns shall enter into a reasonable agreement with the Association to share the cost of any maintenance which the Association provides to or along any roadway provid>ng access to such property. The allocation of costs in any such agreement shall be based on the number of residential dwellings or commercial units on the property served by the easement and not subject to this Declaration as a proportion of Tahoma Ten-a CCRs (Resadentnzl) page 41 #316764 II101-281 6stD04~doc 5/6/06 I IIII I 1111111 IIII III I 3830704 IIIIIIIIIIIIIIIIIIIII OSly1e1206~O5R III TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa the total number of residential dwellings within the Property and on such benefited property. 11.5. Easements for Maintenance, Emergency and Enforcement. Declarant grants to the Association easements over the Property as necessary to enable the Association to fulfill its maintenance responsibilities under Section 7.2. The Association shall also have the right, but not the obligation, to enter upon any Unit for emergency, security and safety reasons, to perform maintenance and to inspect for the purpose of ensuring compliance with and enforce the Governing Documents. Such right maybe exercised by any member of the Board and its duly authorized agents and assignees and all emergency personnel in the performance of their duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. 11.6. Technology Utility Easements. Declarant reserves, so long as Declarant owns any property described on EXHIBIT A or EXHIBIT B of this Declaration, perpetual, non-exclusive easements adjacent to the public rights-of--way throughout the Property, on behalf of itself, and its nominees, successors and assigns, for the purpose of installing, operating, maintaining, repairing and replacing telephone, cable television, telecommunications, security and other systems for sending and receiving data and/or other electronic signals, to serve the Property and each Unit, the exercise of the rights under such easements shall be exclusive to Declarant until granted or conveyed to a third party, which may be exclusive, perpetual and irrevocable, at which point such easements or interests may be more particularly described in the instrument granting or conveying such easements or interests or on the recorded plats. ARTICLE 12. EXCLUSIVE COMMON AREAS 12.1. Purpose. Certain portions of the Common Area maybe designated as Exclusive Common Area and reserved for the excluswe use or primary benefit of Owners and occupants within a particular Neighborhood or Neighborhoods. By way of illustration and not limitation, Exclusive Common Areas may include entry features, recreational facilities, landscaped medians and cul-de-sacs, lakes and other portions of the Common Area within a particular Neighborhood or Neighborhoods. All costs associated with maintenance, repair, replacement and insurance of an Exclusive Common Area shall be a Neighborhood Expense allocated among the Owners in the Neighborhood(s) to which the Exclusive Common Areas are assigned. Tahorna Terra CCRs (Residential) page 42 #316764 11101-281 6sID04~ doc 5/6/06 I III I II 1111111 I ( VIII Ilil VIII III 111111 III illl 0 8g 0 zoos ~ o s A TAHOMA TERRA, LLC CQV $88.00 Thurston Co Wa 12.2. Designation. Initially, any Exclusive Common Area shall be designated as such in the deed conveying such area to the Association or on the subdivision plat relating to such Common Area; provided, any such assignment shall not preclude Declarant from later assigning use of the same Exclusive Common Area to additional Units and/or Neighborhoods, so long as Declarant has a right to subject additional property to this Declaration pursuant to Section 9.1. Thereafter, a portion of the Common Area may be assigned as Exclusive Common Area and Exclusive Common Area maybe reassigned upon approval of the Board and the vote of Members representing a majority of the total Class A votes in the Association, including a majority of the Class A votes within the Neighborhood(s) affected by the proposed assignment or reassignment. As long as Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, any such assignment or reassignment shall also require Declarant's written consent. 12.3. Use by Others. Upon approval of a ma~onty of Owners of Units within the Neighborhood to which any Exclusive Common Area is assigned, the Association may permit Owners of Units in other Neighborhoods to use all or a portion of such Exclusive Common Area upon payment of reasonable user fees, which fees shall be used to offset the Neighborhood Expenses attributable to such Exclusive Common Area. ARTICLE 13. PARTY WALLS AND OTHER SHARED STRUCTURES 13.1. General Rules of Law to Apply. Each wall, fence, driveway, or similar structure built as a part of the original construction on the Umts which serves and/or separates any two adjoining Units shall constitute a party structure. To the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 13.2. Maintenance; Damage and Destruction. The cost of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who make use of the party structure. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the structure lnay restore it. If other Owners thereafter use the structure, they shall contribute to the restoration cost in equal Tahoma TerYa CCRs (Residentud) page 43 #316764 11101-28] 6si004~ doc 5/6/06 ~~~~~~ ~~~ ~~~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~~~ ~~~ ~~~~~~ ~~ ~ $~ 070 6010 5 R ~~~~ TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa proportions. However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions. 13.3. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors-in-title. 13.4. Disputes. Any dispute arising concerning a party structure shall be handled in accordance with the provisions of Article 14. ARTICLE 14. DISPUTE RESOLUTION AND LIMITATION ON LITIGATION 14.1. Consensus for Association Litigation. Except as provided in this Section, the Association shall not commence a judicial or administrative proceeding without the approval of Members representing at least 67% of the total Class A votes in the Association. This Section shall not apply, however, to (a) actions brought by the Association to enforce the Governing Documents (including, without limitation, the foreclosure of liens); (b) the collection of assessments; (c) proceedings involving challenges to ad valorem taxation; (d) counterclaims brought by the Association m proceedings instituted against it; or (e) actions brought by the Association against any contractor or vendor arising out of a contract for services or supplies between the Association and such contractor or vendor. 14.2. Dispute Resolution. (a) Mediation/Ai°bitration. Any claim, controversy or dispute by or among Declarant, the Association or one or more Owners, or any of them, arising out of or related to this Declaration or the Bylaws or the Property shall be first subject to mediation and, if not timely settled by mediation, resolved by arbitration In accordance with this Section 14.2. Any party may at any time opt to forego mediation and submit the matter directly to arbitration as provided m this Declaration. The decisions and award of the arbitrator shall be final, binding and nonappealable. The arbitration shall be conducted in Thurston County, Washington, pursuant to the arbitration statutes of the State of Washington and any arbitration award may be enforced by any court with jurisdiction. Filing for arbitration shall be treated the same as filing in court for purposes of meeting any applicable statute of limitations or for purposes of filing a notice of pending action ("lis pendens"). (b) Selection of Arbitrator. The arbitration shall be conducted by a single arbitrator selected by mutual agreement of the parties. The arbitrator selected shall Tahoma Terra CCRs (Resldenhcrl) page 44 #316764 I (101-281 6sft)04' doc 5/6/06 3830704 II III IIII ~5 9e 12006 0 0 5~ta IIIIIiIII IIIIIIII IIIII 1111111 I IIIII III TAHOMR TERRA, LLC COV $88 00 Thurston Co Wa be neutral and unbiased, except to the extent the arbitrator's prior relationship with any party is fully disclosed and consented to by the other party or parties. If the parties are unable to agree upon the arbitrator within 10 days after a party's demand for arbitration, upon application of any party, the Presiding Judge of the Superior Court of Thurston County, Washington, shall designate the arbitrator. (c) Consolidated Arbitratio~z. Upon demand by any party, claims between or among the parties and third parties shall be submitted in a single, consolidated arbitration. (d) Discovery. The parties to the arbitration shall be entitled to such discovery as would be available to them in an action in Thurston County Superior Court. The arbitrator shall have all of the authority of the Court incidental to such discovery, including without limitation authority to issue orders to produce documents or other materials, to issue orders to appear and submit to deposition, and to impose appropriate sanctions including without limitation award against a party for failure to comply with any order. (e) Evidence. The parties to the arbitration may offer such evidence as they desire and shall produce such additional evidence as the arbitrator may deem necessary for an understanding and determination of the dispute. The arbitrator shall determine the admissibility of the evidence offered. All evidence shall be taken in the presence of the arbitrator and all of the parties, except where any of the parties ~s absent >n default or has waived its right to be present. (f) Excluded Matters. Notwithstanding the foregoing, the following matters shall not be subject to mediation or arbitration under this Section l 4.2 (but shall be subject to the applicable provisions of subsection (g) below): (i) actions relating to the collection of fees, Assessments, fines and other charges imposed or levied by the Association (other than disputes as to the validity or amount of such fees, assessments, fines or charges, which dlsputes shall be subject to mediation arbitration as provided above); (ii) actions to enforce any order, decision or award rendered by arbitration pursuant to this Section 14.2; (iii) any action by the Association to obtain equitable relief (e.g., temporary restraining order, injunction, or specific performance) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of this Declaration; (iv) any action for declaratory or injunctive relief which seeks a determination as to applicab>lity, enforcement, clarification, or interpretation of any provisions of the Declaration; Tcrhoma Terra CCRs (Residential) page 45 #316764 11101-281 6s1004~ doc 5/6/06 IIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIII os8rg0zo6a05A II TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa (v) any action between Owners, which does not include Declarant or the Association as a party; (vi) any action in which any indispensable party is not a party subject to arbitration under this Section 14.2; (vii) any action as to which any applicable statute of limitations would expire within 180 days of a demand for arbitration having been given, unless the party or parties against whom the claim is made agree to toll the statute of limitations as to such claim for such period as tnay reasonably be necessary to comply with the provisions of this Section 14.2; and (viii) any action between an Owner and a builder of improvements within such Owner's Unit with respect to (A) any statutory warranty, (B) any contractual warranty, or (C) any construction defect claim. The filing of a lis pendens or the application to any court for the issuance of any provisional process or similar remedy described in the Washington or Federal Rules of Civil Procedure shall not constitute a waiver of the right or duty to utilize the procedures specified in this Section 14.2. (g) Costs and Attorneys' Fees. The fees of any mediator and the costs of mediation shall be divided and paid equally by the parties. Each party shall pay its own attorneys' fees and costs in connection with any mediation. The fees of any arbitrator and the costs of arbitration shall be paid by the nonprevailing party or parties; if none, such fees and costs shall be divided and paid equally by the parties. Should any suit, action or arbitration be commenced in connection with any dispute related to or ansing out of this Declaration or the Bylaws, to obtain a judicial construction of any provision of the Declaration or the Bylaws, to rescind this Declaration or the Bylaws or to enforce or collect any judgment or decree of any court or any award obtained during arbitration, the prevailing party shall be entitled to recover its costs and disbursements, together with such investigation, expert witness and attorneys' fees incurred in connection with such dispute, as the court or arbitrator may adjudge reasonable, at trial, in the arbitration, upon any motion for reconsideration, upon petition for review, and on any appeal of such suit, action or arbitration proceeding. The determination of who is the prevailing party and the amount of reasonable attorneys' fees to be paid to the prevailing party shall be decided by the arbitrator (with respect to attorneys' fees incurred prior to and during the arbitration proceeding) and by the court or courts, including any appellate or review court, in which such matter is tried, heard or decided, including a court that hears a request to compel or enjoin arbitration or that hears exceptions made to an arbitration award submitted to rt for confirmation as a judgment (with respect to attorneys' fees incurred in such proceedings). Taltoma Tcrra CCRs (Residential) pnge 46 #316764 IIlOI-281 6sf004~doc 5/6/06 ~I~~~~ F 89 0700 of 57 ~~~~~ ~~~~~~~ ~~~~~ ~~ ~~~ ~~~ ~~~~ ~~ ~~ ~~~~ 0 ~~ ~~ 5 f 1 ~~~~ 1 /200 TAHOMA TERRA, LLC 6 10 51A COV $88.00 Thurston Co Wa (h) Survival. The mediation and arbitration agreement set forth in this Section 14.2 shall survive the transfer by any party of its interest or involvement in the Property and any Unit therein and the termination of this Declaration. ARTICLE 15. MORTGAGEE PROVISIONS The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Units in the Property. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 15.1. Subordination of Lien to Mortgages. The lien of the Assessments or charges provided for in this Declaration shall be subordinate to the lien of any Mortgage on such Unit which was made in good faith and for value and which was recorded prior to the recordation of the notice of lien. Sale or transfer of any Umt shall not affect the Assessment lien, but the sale or transfer of any Unit which is subject to any mortgage or deed of trust pursuant to a decree of foreclosure or nonjudicial sale thereunder shall extinguish any lien of an Assessment notice of which was recorded after the recording of the Mortgage. Such sale or transfer, however, shall not release the Unit from liability for any Assessments or charges thereafter becoming due or from the lien of such Assessments or charges. 15.2. Reimbursement of First Mortgagees. First mortgagees of Umts may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Areas and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy, for such Common Area. First mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. 15.3. Notification of First Mortgagee. If a first Mortgagee has requested such notice in writing from the Association, the Board shall notify such Mortgagee of any individual Unit of any default in performance of this Declaration by the Owner which is not cured within sixty (60) days after notice of default to the Owner. 15.4. Notice to Association. Upon request, each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Unrt. ARTICLE 16. CHANGES IN OWNERSHIP OF UNITS Any Owner desiring to sell or otherwise transfer title to such Owner's Unit shall give the Board at least 7 days' prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require. Each transferee of a Unit shall, within 7 days of taking title to a Unit, confirm that the information previously provided by the transferor is complete and accurate. The transferor shall continue to be jointly and severally Tahoma Terra CCRs (Residential) #316764 11101-281 6s1004~ doc 5/6/06 page 47 ~ ~~~ ~ 1111111 P890704 of 57 IIII VIII IIII III 05! 1 1 1200 III III IIIIiI 610 5,A 1111111 TAHOMA TERRA, LLC COV $88.00 Thurston Co Wa responsible with the transferee for all obligations of the Owner of the Unit, including assessment obligations, until the date upon which such notice is received by the Board, notwithstanding the transfer of title. ARTICLE 17. CHANGES IN COMMON AREA 17.1. Condemnation. If any part of the Common Area shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction of Members representing at least 67% of the total Class A votes in the Association and of Declarant, as long as Declarant owns any property subject to the Declaration or which maybe made subject to the Declaration in accordance with Section 9.1) by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to written notice of such taking or conveyance prior to disbursement of any condemnation award or proceeds from such conveyance. Such award or proceeds shall be payable to the Association to be disbursed as follows: If the taking or conveyance involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent available, unless within 60 days after such taking Declarant, so long as Declarant owns any property subject to the Declaration or which may be made subject to the Declaration in accordance with Section 9.1, and Members representing at least 67% of the total Class A vote of the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions of Section 7.3(c) regarding funds for restoring improvements shall apply. If the taking or conveyance does not involve any improvements on the Common Area, or if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine. 17.2. Partition. Except as permitted in this Declaration, the Common Area shall remain undivided, and no Person shall bring any action partition of any portion of the Common Area without the written consent of all Owners and Mortgagees. This Section shall not prohibit the Board from acquiring and disposing of tangible personal property nor from acquiring and disposing of real property which may or Inay not be subject to this Declaration. Tahonta Terra CCRs (Resrdentral) page 48 #316764 1 1101-281 6s]D04~ doc 5/6/06 Iiiill ~~ P8g0702 of 57 VIII 111111 IIIIIIIIIIIIiI 0511 II 1111111 II IIII 1/2006 10 51 R TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa 17.3. Transfer or Dedication of Common Area. The Association may transfer, dedicate, or grant easements over portions of the Common Area to the City of Yelm, or to any other local, state or federal governmental or quasi-governmental entity without a vote of the Owners. ARTICLE 18. AMENDMENT OF DECLARATION 18.1. By Declarant. In addition to specific amendment rights granted elsewhere in this Declaration, until conveyance of the first Unit to a Person other than a Builder, Declarant may unilaterally amend this Declaration for any purpose. Thereafter, Declarant may unilaterally amend this Declaration if such amendment is necessary (a) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (b) to enable any reputable title insurance company to issue title insurance coverage on the Units; (c) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to make, purchase, insure or guarantee mortgage loans on the Units; or (d) to satisfy the requirements of any local, state or federal governmental agency. However, any such amendment shall not adversely affect the title to any Umt unless the Owner shall consent in writing. In addition, so long as Declarant owns property described in EXHIBIT A or EXHIBIT B for development as part of the Property, it may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner or unless such Owner shall consent in writing. 18.2. By Members. Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration maybe amended only by the affirmative vote or written consent, or any combination thereof, of Members representing 67% of the total Class A votes in the Association, including 67% of the Class A votes held by Members other than Declarant, and Declarant's consent, so long Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1. In addition, the approval requirements set forth in Article 15 shall be met, if applicable. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Tahoma Terra CCRs (Resadentzal) page 49 #316764 11101-281 6sIti04~ doc 5/6/06 3830704 I II IIII 05 g i (2006 0 0 5~R IIIIIIIII IIIIIII (IIIIIII IIIIIII I III I III TAHOfM1A TERRA, LLC COV $88.@@ Thurston Co Wa 18.3. Validity and Effective Date. No amendment may remove, revoke, or modify any right or privilege of Declarant or the Class B Member without Declarant's written consent or the Class B Member, respectively (or the assignee of such right or privilege). If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. Any amendment shall become effective upon recording, unless a later effective date is specified in the amendment. Any procedural challenge to an amendment must be made within six months of its Recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration. ARTICLE 19. MISCELLANEOUS. 19.1. Duration. This Declaration shall be enforceable by Declarant, the Association, any Owner and their respective legal representatives, heirs, successors, and assigns, perpetually to the extent permitted by law. If, however, the period for the enforcement of covenants running with the land is limited by law, the Declaration shall be enforceable as provided above for a period of 20 years. After such time, this Declaration shall be extended automatically for successive periods of 10 years each, unless an instrument adopted pursuant to Section 18.2 above has been recorded within the year preceding any extension, agreeing to amend, m whole or in part, or terminate this Declaration, m which case this Declaration shall be amended or terminated as specified in such instrument. 19.2. Severability. If any provision of this Declaration is determined by judgment or court order to be invalid, or invalid as applied in a particular instance, such determination shall not affect the validity of other provisions or applications. Tahoma Terra CCRs (Rectdentral) page 50 #316764 I 1 10]-281 6siD04~ doc 5/6/06 3830704 I II IIII 059e 12006 0 0 5~A 1111111 IIII IIII Ililll III III III IIII II I TRHOMA TERRA, LLC COV $88 00 Thurston Co Wa IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration as of the date and year first written above. TAHOMA TERRA, L.L.C., a Washington limited liability company ~y .- STATE OF WASHINGTON ss. COUNTY OF 1~~~~s Ttst! On this day personally appeared before me ~~L~ G~~-s ~( ./~C~s~,,.~ to me known to be the !lA.•9ivAG ~'2 of TAHOMA TERRA, L.L.C., the Washington limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such limited liability company, for the uses and purposes therein mentioned, and on oath stated that s/he was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this ~~day of ~'f~, 2006. '_? _ 'y <` ~+ ~ Panted Name~,~,-~,•~ L jyf_/Ls ` ~~~ , ~ • `'_~- `'p ~. NOTARY PUBLIC m and for the State of Washington, ~, ; , ~°- ~ ~ residing at ~~ ~ m =~rtz~ ;~ ~_' My Commission Expires ~~ i(~'J ;~~ • J ~~~ r i` . 1''+ - .~+' .._ Tahoma Terra CCRs (Residential) #316764 11101-281 6sfT)04~ doc 5/6/06 page 51 I III I I IIIIIII III VIII IIII 3830704 IIIIIIIIIIIIIIIIIIIIII 05lA1e,2()6°o5A TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa EXHIBIT A LAND INITIALLY SUBMITTED Lots 1 through 89 inclusive and Tracts A through K of the Plat of Tahoma Terra Division 1, as recorded under Auditor's File Number ~$3C~~?D ~ ,Records of Thurston County, Washington. Being a portion of the Northeast Quarter and the Southeast Quarter of the Southwest Quarter of Section 24, Township 17 North, Range 1 East, W.M. Thurston County, Washington. EXCEPT all those portions of Longmire Street SE, Terra Glenn Street SE, 100th Avenue SE, 99th Way SE, 99t1i Avenue SE, and Terra View Street SE dedicated to the City of Yelm for public road purposes as shown on said plat. TOGETHER with and subject to easements, covenants, conditions, and restrictions of record. Tahoma Terra CCRs (Resadenhal) ExhibitA #1316764 11101-28] 6stD04~doc 5/6/06 I III I P$g 0756 of 57 1111111 i II Iiil , Iillllilli o 111111111 5/11/200 1111111 610518 TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa EXHIBIT B LAND SUBJECT TO ANNEXATION Tracts 1 through 21 of the Plat of Tahoma Terra Division 1, as recorded under Auditor's File Number 3~~t~'7 ~ _7 ,Records of Thurston County, Washington. Being portions of the East Half of the Southeast Quarter of Section 23 and the Southwest Quarter of Section 24 all in Township 17 North, Range 1 East, W.M. Thurston County, Washington TOGETHER with and subject to easements, covenants, conditions, and restrictions of record. Ttxhoma Te~~ra CCRS (Re5ulential) ExhtbttB #316764 II101-281 6s1ll04'doc 5/6/06 I II IIII 3830704 III iill Ililll III IIIII,I 05/~ie 120 6010 5~R illllllllll II IIIIIi11111 TAHOMA TERRA, LLC COV $88 00 Thurston Co Wa YVherr Recorded, Retur-rr to TAHOMA TERRA L.L.C. C~O Thurston County Treasurer Real E i cise Tai. paid , `, eputy DECLARATION OF EASEMENTS AND COVENANT TO SHARE COSTS FOR TAHOMA TERRA Grantor: TAHOMA TERRA, L.L.C. Grantee: PLAT OF TAHOMA TERRA Legal Description PORTIONS OF THE EAST HALF OF THE SOUTHEAST (abbreviated): QUARTER OF SECTION 23 AND THE SOUTHWEST QUARTER OF SECTION 24 ALL IN TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M. THURSTON COUNTY, WASHINGTON Q Additional on: EXHIBITS A and B Assessor's Tax Parcel ID #: Reference Nos. of Documents Released or Assigned: N/A IIIIII III IIIII III I I o 830r zo s ~ o s i a 3830703 IIIIII IIII 1111111 IIIII IIIII IIII Page 1 of 18 059e 12006 f o $1R II IIII IIIIII IIIII IIIII IIII IIIII IIII 1111111 III IIII o Wa 00 Thurston Co Wa II n C TAHOMA TERRA, LLC EAS $49 COV $32 00 Thursto TAHOMA TERRA, LLC TABLE OF CONTENTS Page ARTICLE 1. PURPOSE AND EFFECT .........................................................................1 1.1. Purpose ........................................................................................................1 1.2. Binding Effect .............................................................................................1 ARTICLE 2. DEFINITIONS ............................................................................................1 2.1. "Commercial Association " .. .......................................................................1 2.2. "Commercial Declaration " .. .......................................................................2 2.3. "CozrzznercialOwners" ......... .......................................................................2 2.4. "Commercial Property ......... .......................................................................2 Z.S. "Comn:uniry-Wide Stazzdard" ....................................................................2 2.6. "Covezzant" ........................... .......................................................................2 2.7. "Declarant" .......................... .......................................................................2 2.8. "Equivalent Unit" ................ .......................................................................2 2.9. "Owner" ......................................................................................................3 2.10. "Parcel" .......................................................................................................3 2.11. "Person " ......................................................................................................3 2.12. "Residential Association " ... ........................................................................3 2.13. "Residential Declaratiozz " ...........................................................................3 2.14. "Residential Owners" ......... ........................................................................3 2.15. "Residential Property" ................................................................................3 2.16. "Residential Unit" ............... ........................................................................4 2.17. "Shared Property» ............... ........................................................................4 2.18. "Supplemezztal Covenant" .. ........................................................................4 2.19. "Talzonra Terra" ................. ........................................................................4 ARTICLE 3. EASEMENTS ..............................................................................................4 3.1. Easements in Favor of Residential Association .......................................4 3.2. Easements in Favor of Commercial Association .....................................5 ARTICLE 4.OPERATION, MAINTENANCE AND INSURANCE OF SHARED PROPERTY ..............................................................................5 4.1. Shared Property .........................................................................................5 4.2. Obligation to Operate, Maintain and Insure ...........................................5 ARTICLE S. OBLIGATION TO SHARE COSTS ........................................................5 5.1. Responsibility for Assessments .................................................................5 5.2. Shared Property Budget ............................................................................6 5.3. Payment of Assessments ............................................................................7 Tahoma Terra Covenant to Share Costs #316778 ll 101-231 6sf#02~ doc 5(6!2006 3830702 1 1 1 05 giei 12006 f 0 51 R I Ill 111111 IIIIIIIII 1111111 1111111111 111111111 I1 TAHOMA TERRA, LLC EAS $49.00 Thurston Co Wa Table of Contents -page a I III II IIIIiII I®I II~~I IIII IIIIII III VIII IIII IIII 0 $g 0 2006 ~ 0161 R TAH~MR TERRA, LLC COV $32.00 Thurston Co Wa 5.4. Suit to Collect Delinquent Assessments ...................................................8 5.5. Expenditure of Funds ................................................................................8 5.6. Record-keeping ..........................................................................................8 ARTICLE 6. ADDITIONAL RIGHTS OF COMMERCIAL ASSOCIATION ..........9 6.1. Right to Request Additional or Higher Level of Maintenance ..............9 ARTICLE 7. GENERAL ...................................................................................................9 7.1. Notice ...........................................................................................................9 7.2. Unilateral Expansion by Declarant ..........................................................9 7.3. Enforcement ............................................................................................. 10 7.4. Amendment .............................................................................................. 10 7.5. Duration .................................................................................................... 11 7.6. Interpretation ........................................................................................... 11 7.7. Gender and Grammar ............................................................................. 11 7.8. Severability ............................................................................................... 11 7.9. Captions .................................................................................................... 11 Tahoma Terra Covenant to Share Costs #316778 11]01-281 6sf#02~doc 5/6/2006 3830702 IIII II I 05 ge ! 2006 ~ 0 51 Fa iIIII IIIIIIII IIII (IIII 1111111 (IIII IIII I III TAHOMA TERRA, LLC EAS $49 00 Thurston Co Wa Table of Contents -page az I III III 1111111 it IIII 1111111 ~~ I I 3830703 I II II II IIII IIII 05lyiel /2©06 f 0161 A TAHOMA TERRA, LLC COV $32 00 Thurston Co Wa DECLARATION OF EASEMENTS AND COVENANT TO SHARE COSTS FOR TAHOMA TERRA THIS DECLARATION OF EASEMENTS AND COVENANT TO SHARE COSTS FOR TAHOIVIA TERRA is made this ~~~ day of ~~w\ , 2006 by TAHOMA TERRA, L.L.C., a Washington limited liability company ("Declarant"). ARTICLE 1. PURPOSE AND EFFECT 1.1. Purpose. The intent of this Declaration of Easements and Covenant to Share Costs is to impose upon the Residential Property and Commercial Property various covenants and easements establishing a reasonable arrangement for the maintenance and operation of certain property which benefits both the Residential Owners and the Commercial Owners and to provide for an equitable allocation of the costs thereof. 1.2. Binding Effect. All of the Residential Property and Commercial Property shall beheld, sold, and conveyed subject to the covenants and easements contained herein, which are made for the express benefit of the Residential Association and its members and the Commercial Association and its members. The covenants and easements herein shall run with the title to the Residential Property and Commercial Property and shall bmd all parties having any right, title, or interest in the Residential Property or Commercial Property or any part of either, their heirs, successors, successors- in-title, and assigns, and shall inure to the benefit of the Residential Association and Commercial Association and each owner of real property in Tahoma Terra. ARTICLE 2. DEFINITIONS The terms used herein generally shall be given their normal, commonly understood meanings unless otherwise specified. Capitalized terms used herein shall be defined as follows: 2.1. "Commercial Association ": Tahoma Terra Commercial and Multifamily (Rental) Association, a Washington nonprofit corporation, organized to be, and perform the duties of, the Commercial Association under the Commercial Declaration, as the term "Commercial Association" is defined therein, and its successors and assigns. Tahoma Terra Covenant to Share Costs Page 1 #316778 11101-281 6sf#02~doc 5/6/O6 I` 3830702 `` ` II~ III 05 ge / 2006 10 51 R ` l` IIII~III l VIII Ille~l I ~I VIII 111 111 1111 IIII ~ VIII TAHOMA TERRA, LLC EAS $49 00 Thurston Co Wa ~~I~~~ ~ ~I p8~30703of 18 ~~~~~~~ ~~ ~ ~ 051 1 ~~ ~~ ~~ ~ 1 ~~~~~ ~~~ ~ 2006 10 1 ~~~~ ~~~~ ~~ ~ 5 R I TAHOMA TERRA, LLC COV $32 00 Thurston Co Wa 2.2. "Commercial Declaration ": That Declaration of Covenants, Conditions and Restrictions for Tahoma Terra Commercial and Multi-Family (Rental) Properties, recorded or to be recorded in the records of Thurston County, as it maybe amended and supplemented from time to time. 2.3. "Commercial Owners": All persons or entities who are "Owners" of real property subject to the Commercial Declaration, as the term "Owner" is defined therein. 2.4. "Commercial Property": All that real property which is subject to the Commercial Declaration, as it maybe amended and supplemented from time to time. 2.5. "Community-Wide Standard": The standard of conduct, maintenance or other activity generally prevailing throughout Tahoma Terra at any time, as established pursuant to the Residential Declaration and the Commercial Declaration. 2.6. "Covenant": This Declaration of Easements and Covenant to Share Costs for Tahoma Terra, as it maybe amended and supplemented from time to time in accordance with the terms hereof. 2.7. "Declarant": Tahoma Terra, L.L.C., a Washington limited liability company, or any successor or assign who takes title to any portion of the property described in EXHIBIT A or EXHIBIT B for the purpose of development or sale and who is designated as Declarant in a recorded instrument executed by the immediately preceding Declarant. 2.8. "Equivalent Unit": Each detached Residential Umt that maybe constructed on the Residential Property equals one Equivalent Unit. Each attached Residential Unit (attached or stacked condominium or townhome residence), and each multi-family rental unit (not a condominium) equals 0.75 of an Equivalent Unit. Each 2,200 square feet of commercial, retail, hospitality or other non-residential space that maybe constructed on the Commercial Property equals one Equivalent Unit. 2.9. "Owner": One or more Persons who hold the record title to any Parcel or Residential Unit, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Parcel or Residential Unit is sold under a recorded contract of sale, then upon recording of such contract, the purchaser (rather than the fee owner) will be considered the Owner, if the contract specifically so provides. 2.10. "Parcel": A portion of the Commercial Property, whether improved or unimproved, which maybe independently owned and conveyed and which is intended for development, use and occupancy for purposes consistent with the Commercial Declaration, any other applicable covenants, applicable zoning, and any recorded master plan for the Commercial Property, as such term, "Parcel," is more particularly defined in Talaonia Te~~ra Covenant to Share Costs P~g~ ~ #316778 11 ]O1-281 6sf#02~ doc $/6/06 3830703 3830702 I /III /III 05 9e / 2006 ` 0 61 R IIIIIIIII e 5 of 18 II /III Pa I /IIIII (IIIII I g I III I I II ` I Ilillllllllllllllll I 05/1112006 10 51R AROMA TERRA, LLC COV $32 00 Thurston Co Wa II III IIIIIII IIIII IIIII III 7 1 I II TAHOMA TERRA, LLC EAS $49 00 Thurston Co Wa the Commercial Declaration. The term shall refer to the land, if any, which is part of the Parcel as well as any improvements thereon. 2.11. "Person ": A natural person, a corporation, a partnership, a limited liability company, a trustee, or any other legal entity. 2.12. "Residential Association ": Tahoma Terra Residential Association, a Washington nonprofit corporation, organized to be, and perform the duties of, the "Residential Association" under the Residential Declaration, as the term "Association" is defined therein, and its successors and assigns. 2.13. "Residential Declaration ": The Declaration of Covenants, Conditions and Restrictions for Tahoma Terra Residential Properties, recorded or to be recorded in the records of Thurston County, as It maybe amended and supplemented from time to time. 2.14. "Residential Owners": All persons or entities who are "Owners" of real property subject to the Residential Declaration, as the term "Owner" is defined therein. 2.15. "Residential Property": All that real property which is subject to the Residential Declaration, as it maybe amended and supplemented from time to time. 2.16. "Reside~rtial Unit": A portion of the Residential Property, whether improved or unimproved, which maybe independently owned and is intended for development, use, and occupancy as an attached or detached residence for a single family, as more particularly defined in the Residential Declaration. The term shall refer to land, if any, which is part of the Residential Unit as well as any improvements thereon. In the case of a condominium, each residential condominium unit shall be deemed to be a separate Residential Unit. In the case of a single lot which contains a primary residence, as well as a carriage house or similar accessory structure, all structures upon the lot, together, shall be deemed a single Residential Unlt. 2.17. "Shared Property": All that real property within Tahoma Terra that Declarant determines benefits both the Residential Owners and Commercial Owners and describes as "Shared Property" herein or in a Supplemental Covenant. 2.18. "Supplemental Covenant": A recorded instrument pursuant to Section 4.1 which describes property as "Shared Property." 2.19. "Tahoma Terra": All that real property subject to either the Residential Declaration or the Commercial Declaration. Tahoma Terra Covenant to Sha~~e Costs page 3 #316778 1 ] 101-281 6sf#02~ doc 5/C/06 IIIIIIIIII 3830702 3830703 111111111 Page 6 of 18 IIIII III Page 6 of 18 IIII IIII O5! 11 /2006 10 51A II II II III IIIII IIIIII ill 1111 1111 Illlllll OS! ~ 11111111 ~ ~ ~~ IIIIII 11/200 1111111 1 6 10 51 R TAHOMA TERRA, LLC EAS $49 00 Thurston Co Wa TAHOMA TERRA, LLC COV $32 00 Thurston Co Wa ARTICLE 3. EASEMENTS 3.1. Easements in Favor of Residential Association. There are hereby granted to the Residential Association, for its employees, agents and designated contractors, perpetual, nonexclusive easements over, under and across the Commercial Property for access, ingress, egress, maintenance, and repair, to the extent reasonably necessary for the Residential Association to perform its maintenance responsibilities under this Covenant, subject to an obligation to repair any damage from access. Upon recordation of a plat for any portion of the Commercial Property, the easements granted under this Section for such portion of the Commercial Property shall be limited to those easements indicated on the plat or any revised plat for such property thereafter recorded in the public records. When performing its maintenance responsibilities under this Covenant, the Residential Association shall seek to use public access ways to the extent available. 3.2. Easements in Favor of Commercial Association. There are hereby granted to the Owners of the Commercial Association, their tenants, employees, customers, guests, invitees, successor and assigns a perpetual, non-exclusive easement over, under and across the Shared Property for access, use and enjoyment of the Shared Property. Such easements shall be subject to the Residential Association's right to adopt rules and regulations governing the use and enjoyment of the Shared Property so long as all such rules and regulations affect all such users of such Shared Property equally. ARTICLE 4. OPERATION, MAINTENANCE AND INSURANCE OF SHARED PROPERTY 4.1. Shared Property. The Shared Property includes, without limitation, the real or personal property located within Tahoma Terra as maybe generally described on the attached EXHIBIT C. In addition, Declarant may at any time and from time to time designate Shared Property by recording a Supplemental Covenant in the public records. A Supplemental Covenant filed pursuant to this Section shall require the wntten consent of the Residential Association. 4.2. Obligation to Operate, Maintain and Insure. The Residential Association, acting through its board of directors, shall cause the Shared Property and improvements thereon to be maintained in a clean, neat and attractive condition, in good order and repair, and operated consistent with the Community-Wide Standard. This obligation shall include the obligation to make any necessary capital repairs and replacements. In addition, the Residential Association shall obtain and maintain m effect property and public liability insurance on the Shared Property satisfying the requirements for insurance set forth in the Residential Declaration. Tahoma Terra Covenant to Share Costs #316778 11(O]-281 6st#02~doc 5/6/06 3830702 III IIIII I OS g1e1 12006 f 0 $1 R 111111111111 111111111111 11111111111 Illll 1 TAHOMA TERRA, LLC EAS $49 @0 Thurston Co Wa pnge 4 3830703 IIIII 05 9e / 2006 f 10 51 A III IIIII IIIII IIIII I III a VIII w III Co 111111 ton III Thurs III 0 II 32.0 TAHOMA TERRA, LLC CQY $ ARTICLE 5. OBLIGATION TO SHARE COSTS 5.1. Responsibility for Assessments. Subject to the terms of the Commercial Declaration, each Commercial Owner, whether or not it shall be expressed In any deed, covenants and agrees to pay its share of any assessment levied by the Residential Association pursuant to the terms of this Covenant to cover a portion of the costs incurred by the Residential Association m operating, maintaining, repairing, replacing, and insuring the Shared Property. 5.1.1. Collection by Commercial Association. The Commercial Association shall be responsible for collecting all assessments due from the Commercial Owners hereunder, but the Commercial Association is obligated to pay the annual assessment to the Residential Association within the time period specified in Section 5.3 regardless of whether the Commercial Association has levied such assessment against or collected such assessment from its members. The share of any such assessment that is allocable to Residential Owners, collectively, or Commercial Owners, collectively, shall be determined in accordance with Section 5.2. 5.1.2. No Abatement. The obligation to pay assessments hereunder shall be subject to the terms of the Commercial Declaration and a separate and independent covenant on the part of each Commercial Owner and the Commercial Association, and no diminution or abatement of the assessment or setoff shall be claimed or allowed by reason of any alleged failure of the Residential Association to adequately perform its responsibilities hereunder. The sole remedy of the Commercial Owners and the Commercial Association for failure of the Residential Association to perform shall be suit at law or in equity. 5.2. Shared Property Budget. On an annual basis, the board of directors of the Residential Association shall adopt an estimated budget of expenses for maintaining, repairing, replacing, insuring, and operating the Shared Property during the coming year, including such amounts as maybe appropriate to be placed in a reserve fund for capital repairs and replacements. Such budget shall be adjusted to reflect any excess or deficiency m the budget assessed for the immediately preceding year, as compared to actual expenses for that period. In the event that the Residential Association for any reason fails to determine the budget for any year, then until such time as a budget shall have been determined as provided herein, the budget in effect for the immediately preceding year shall continue for the current year. 5.2.1. Draft Budget. At least 90 days prior to the beginning of its fiscal year, the Residential Association shall cause a copy of a draft budget, together with such supporting data and documentation as may reasonably be necessary to justify and explain the figures therein, to be delivered to the Commercial Association, together with a draft notice of the amount of the annual assessment payable by the Commercial Association on behalf of Commercial Owners pursuant to such budget. The Commercial Association Tahomu Terra Covenant to Shure Costs page 5 #3]6778 11101-281 6sf#02~doc 5/6/06 3830703 3830702 III4 page 8 of 18 page 8 of 18 ]III I 05/1112006 10 51A ]III ]III IIIII ]III ]III III 1R I I 06 10 5 ]IIIII Wa 05!11120 I Co III ton 1 II urs 111111 Th 11111111 0 11111111 z 0 1111111 3 IIIII 1111 1111111 ov $ 1 Ill! C TAHOMA TERRA, LLC EAS $49 00 Thurston Co Wa TAHOMA TERRA, LLC shall have a 30-day period during which to examine such draft budget and to prepare and return to the Residential Association comments regarding such budget. 5.2.2. Final Budget. At least 30 days prior to the beginning of its fiscal year, the Residential Association shall cause a copy of its adopted budget, together with such supporting data and documentation as may reasonably be necessary to justify and explain the figures therein, to be delivered to the Commercial Association, together with notice of the amount of the annual assessment payable by the Commercial Association on behalf of Commercial Owners pursuant to such budget, determined as set forth below. 5.2.3. Computation of Assessment. The annual assessment payable by the Commercial Association for the Commercial Owners' share of the annual budgeted expenses for the Shared Property shall be determined as follows: (a) Equivalent Uzuts and Parcels. For the purpose of allocating expenses of the Shared Property, the Residential Property and each Parcel within the Commercial Property shall be allocated Equivalent Units by Declarant prior to encumbrance with this Covenant of such property by Declarant. The initial allocation of Equivalent Umts is as set forth on the attached )E+ XHIBIT D. The initial allocation of Equivalent Units may be unilaterally amended by Declarant pursuant to Section 7.4.1 with respect to property owned by Declarant. The initial allocation of Equivalent Units to any property owned by an Owner other than Declarant maybe amended by Declarant pursuant to Section 7.4.1 only if such amendment is approved by such Owner as evidenced by such Owner's execution of the recorded amendment to this Covenant. In no event may the total of Equivalent Umts allocated to both the Commercial Property and the Residential Property be less than the total set forth on the attached EXHIBIT D. (b) Allocation to Commercial Association. The annual assessment payable by the Commercial Association shall be the total budgeted expenses for the Shared Property multiplied by a fraction, the numerator of which shall be the number of Equivalent Units allocated to Parcels within the Commercial Property and the denominator of which shall be the sum of all Equivalent Units, all as set forth on the attached EXHIBIT D. The Commercial Association shall allocate such expenses among the Commercial Owners in accordance with the Commercial Declaration. (c) Allocation to Undeveloped Property. Notwithstanding anything to the contrary herein, any Commercial Property subject to this Covenant shall be deemed to have 20% of the otherwise applicable Equivalent Units allocated to such property until such time as a Certificate of Occupancy or equivalent permit is issued by the applicable jurisdiction for such property. 5.3. Payment of Assessments. W>th>n 30 days after receipt of written notice of the annual assessment payable by the Commercial Association pursuant to Section 5.2, the Commercial Association shall pay to the Residential Association at least one-quarter of the total amount due. The balance shall be due and payable in equal quarterly Tahorr:a Terra Covenant to Share Costs gage 6 #316778 11101-281 6sf#02~ doc 5/6/06 3830703 3830702 Page 9 of 18 Page 9 of 18 IIIIIIII 0511112006 10 51A Iilllll IIIII IIIIIIII 111111 I III I IIIII I I IIII IIIII Iiillii IIIII IIIII illl iillll III IIIII IIII IIII 0511 1 ! 2006 10 51 R ton Co Wa TAHOMA TERRA, LLC EAS TAHOMA TERRA, LLC COV $32 00 Thurs $49 00 Thurston Ca Wa installments after the due date of the first installment. Any assessment or installment thereof which is delinquent for a period of more than 30 days shall incur a late charge in the amount of $100.00 or 10% of the past due amount, whichever is greater. If the assessment is not paid when due, the Commercial Association shall be responsible for late charges, interest (computed from its due date at a rate of 10% per annum or such higher rate as the Board may establish, subject to limitations of Washington law) on the past due amount from the date first due and payable, all costs of collection, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 5.4. Suit to Collect Delinquent Assessments. In the event that any assessment levied hereunder remains unpaid after 90 days, the Residential Association may institute suit to collect such amounts. All payments shall be applied first to costs and attorneys' fees, then to late charges, then to interest and then to delinquent assessments. 5.5. Expenditure of Funds. The assessment funds collected by the Residential Association hereunder shall be held by the Residential Association in trust to be used in such manner as its board of directors deems appropriate in fulfilling the Residential Association's responsibilities under Article 4 hereof. The judgment of the board in the allocation and expenditure of such funds shall be final so long as such judgment is exercised in good faith, and neither the Residential Association, its board, any director or officer, nor any of its members shall be liable to any person or entity, including the Commercial Association, its board of directors, members, and officers, for any error in judgment, or any action or inaction of the Residential Association, its board, or any director or officer, relating to the expenditure of such funds; provided, nothing herein shall protect any person from liability for gross negligence or willful misconduct in the handling of such funds. 5.6. Record-keeping. The Residential Association shall maintain or cause to be maintained full and accurate books of account with respect to the performance of its responsibilities under this Covenant. Such books and records and financial statements related thereto shall be made available for inspection and copying by the Commercial Association upon request, dunng normal business hours or under other reasonable circumstances. Copying charges shall be paid by the party requesting such copies. 5.6.1. Audit by Commercial Association. If the Commercial Association desires to have the records audited, it may do so at its own expense. The Residential Association shall cooperate by making available to the Commercial Association the records, including all supporting materials (e.g., check copies, invoices, etc.) for the year in question. S. 6.2. Joint Arrdit. If the amount of actual expenses for the year is disputed after audit, the Commercial Association and the Residential Association shall cause a second audit to be performed by a mutually acceptable auditor, and the decision of the second auditor shall be binding. If the amount as determined by the second auditor Tahoma Ter~•a Covenant to Share Costs page 7 #~~b~~s i nog-zsi ~sr#oz~ a~~ sibio~ ~~I~~~ ~I~II ~ 3830703 3830702 ~~ I~~~ I~I~ ~ I Page 10 0£ 18 Page . 10 of 18 ~~ I ~~II ~~~~~~ ~~ X511 1 12006 1 ~~~~~~ ~~~ ~~~~ 0 51A ~~ ~ ~~~ ~~~I ~~~~~~ ~~~ `~~~~~ ~I~ ~`~~ 05 / 1 1 12006 10 51 A TAHOM ~~~~~~ ~~~~~ ~~~~~ ~~ ~ A TERRA LLC COV $32 00 Thurston Co Wa TAHOMA TERRA, LLC EAS $49 00 Thurston Co Wa varies from the amount asserted by the Residential Association by 5% or more, the Residential Association shall pay the entire cost of the first and the second audltor. If the amount as determined by the second auditor varies from the amount asserted by the Residential Association by 2% or less, then the Commercial Association shall pay the entire cost of the first and the second auditor. Otherwise, the cost of the first and the second auditor shall be shared equally by the Residential Association and the Commercial Association. Variances shall be taken into account in the following year's budget as provided above. ARTICLE 6. ADDITIONAL RIGHTS OF COMMERCIAL ASSOCIATION 6.1. Right to Request Additional or Higher Level of Maintenance. The Commercial Association may request at any time that the Residential Association provide additional maintenance or a higher level of maintenance as to all or a portion of the Shared Property than that required under Section 4.2 and, if the Residential Association agrees to provide such additional maintenance, any additional costs associated therewith, including administrative costs and overhead, shall be added to and become a part of the assessment payable by the Commercial Association hereunder. ARTICLE 7. GENERAL 7.1. Notice. Any notice provided for in this Covenant shall be served personally or shall be mailed by registered or certified mail to the president or secretary of the Residential Association or to the Commercial Association, as applicable, at the address of its property in Tahoma Terra or at such other address as is registered with the Residential Association. All such notices shall, for all purposes, be deemed delivered (a) upon personal delivery to the party or address specified above; or (b) on the third day after mailing when mailed by registered or certified mail, postage prepaid, and properly addressed. 7.2. Unilateral Expansion by Declarant. Declarant shall have the unilateral right, privilege and option at any time and from time to time to expand the coverage of this Covenant by subjecting additional property to the terms and provisions of this Covenant so long as such property is subject to either the Residential Declaration or the Commercial Declaration. Any such amendment shall be effective upon execution by Declarant and the owner(s) of the property subjected to the terms and provisions of this Covenant (1f other than the Declarant) and recording in the public records. Nothing herein shall preclude the subjection of property that is not owned by Declarant, provided that the owner thereof executes a written consent to such expansion. The rights reserved to Declarant to subject additional land to this Covenant shall not, and shall not be implied or construed so as to, impose any obligation upon Declarant to subject any additional land to this Covenant. Tahoma Teri°a Covenant to Share Costs page 8 #316778 (1101-Z81 6sf#02~doc 5/6/06 3830702 141 I I I I IIII 3830703 Page 11 of 18 ~ III Iill IIIIII III IIII ~ II OSIg1e 12006 010 5 R IIIII IIIII Ilillll III I II I II Illll 111 111111 ill illl D51„/2DD6 1D 51A II Illlllllllliillll II IIIIIIIII TAHOMA TERRA, LLC EAS $49 00 Thurston Co Wa TAHOMA TERRA, LLC COV $32 00 Thurston Co Wa 7.3. Enforcement. The obhgahons created hereunder maybe enforced by the Declarant, the Residential Association, or the Commercial Association by any means available at law or in equity. 7.4. Amendment. 7.4.1. By Declarant. In addition to the rights set forth in Section 7.2, this Covenant maybe amended during the Class B Control Period (as defined in the Commercial Declaration unilaterally at any time and from time to time by Declarant if such amendment is (a) necessary to bring any provision hereof into compliance with any applicable governmental statute, rule or regulation, or judicial determination which is in conflict therewith; (b) necessary to enable any reputable title insurance company to issue title insurance coverage with respect to any portion of Tahoma Terra; or (c) is required by an institutional or governmental lender, purchaser, holder, insurer or guarantor of mortgage loans to enable it to make, purchase, insure, or guarantee mortgage loans on any portion of Tahoma Terra; provided, however, any such amendment shall not adversely affect the title to any property unless the owner thereof shall consent thereto in writing. Further, during the Class B Control Period, Declarant unilaterally may amend this Covenant for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights or obligations of any owner, nor shall it adversely affect title to the property of any owner, without the consent of the affected owner. 7.4.2. By Residential Associatio~z afzd commercial Association. In addition to the above, this Covenant maybe amended upon the affirmative vote or written consent, or any combination thereof, of at least a majority of the directors of the Residential Association, at least a majority of the Class A Members of the Commercial Association, and, during the Class B Control Period, the consent of the Declarant. Notwithstanding the above, no amendment shall remove, revoke or modify any right or privilege of Declarant without the written consent of Declarant or its assignee of such right or privilege. 7.4.3. Validity of Amendmer:ts. Amendments to this Covenant shall become effective upon recordation in the public records, unless a later effective date is specified therein. Any procedural challenge to an amendment must be made within six months of its recordation. In no event shall a change of conditions or circumstances operate to amend any provisions of this Covenant. 7.5. Duration. This Declaration shall be enforceable by Declarant, the Association, any Owner and their respective legal representatives, heirs, successors, and assigns, perpetually to the extent permitted by law. If, however, the period for the enforcement of covenants running with the land is limited by law, the Declaration shall be enforceable as provided above for a period of 20 years. After such time, this Declaration shall be extended automatically for successive periods of 10 years each, unless an instrument adopted pursuant to Section 7.4 above has been recorded within the Tahoma Tefru Covenant to Shctre Costs #316778 1110]-281 6sf#02~doc 5/6/06 IllllIIIIIIIIIII IIII VIIIIIIIIIIIIINIIIII IIII IIII 0$8020 6010 5 R TAHOMA TERRA, LLC EAS $49.00 Thurston Ca Wa page 9 3830703 I LIA 05 g 1 (2~Q6 10 5 A IIII IIIIIII IIIIIII III III VIII IIIIIII III III II TAH011A TERRA, LLC COV $32 00 Thurston Co Wa. year preceding any extension, agreeing to amend, in whole or in part, or terminate this Declaration, in which case this Declaration shall be amended or terminated as specified in such instrument. 7.6. Interpretation. This Covenant shall be governed by and construed under the laws of the State of Washington. 7.7. Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 7.8. Severability. Whenever possible, each provision of this Covenant shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Covenant to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Covenant are declared to be severable. 7.9. Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration as of the day and year first written above. TAHOMA TERRA, L.L.C., a Washington lnnited liability company ~BY itle: ,/~j,~i~-C~,~'',~-- Tahonau Terra Covenant to Share Costc page 10 #316778 11101-281 6sf#02~ doc 5/6/06 3830702 ~ ~II~~~ ~ ~~ 3830703 I I ~~~~~~~ I~ ~ Page 13 of 18 Page 13 of 18 I ~~~II ~~I ~~ ~~~~ ~~~ ~~ D51 1 1 1 ~~~~ ~~~ ~~~) 2006 10 5 ~~~~~~ ~~~~~ ~~~~~~~ ~~~~~ ~~~~~ ~~ ~ 05/1112406 10 51R ~R 7AHOMA TERRA, LLC EAS TAHOMA TERRA, LLC COV $32 @0 Thurston Co Wa $49 @0 Thurston Co Wa STATE OF WASHINGTON ss. COUNTY OF' ~t~f~S tcl1 On this day personally appeared before me ~ ,~p~~ ~ L,7s ,~ ~~~~=vim , to me known to be the /l~l,~,y,~ ~ £n of TAHOMA TERRA, L.L.C., the Washington limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such limited liability company, for the uses and purposes therein mentioned, and on oath stated that slhe was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 1 d ay of _~/.~'l~r,c~ , 2006. ,.`~'~~1~~' ~~ ~ `~~ ~ - ~ ~~~"~~,~~t~ ~c ~k ` Pnnted Name ~ L~1 e. L ~~- t,~~ f h ~, ,- ,1, ;~~- c~o•. u~ Was ington, NOTARY PUBLIC m and for the State o ~q"~ up'ABt` ,,: - residmgat ~/~~~~~ o "..-~~ ~„ y ,, >:z. My Commission Expires L 7~ (~ / r.~, 'l3"7 ~ ~®~~~8~1~~~~®~ Tahorraa Terra Covenant to Share Costs #316773 1 ] 101-281 Gsf#02~ doc 5/6/06 ``~~~ ~~~~~ ~~~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~~~ ~~~ ~~~~~~ ~~~ ~~~~ 0 $g ~ 2~ 6010 5 R I® TAHOMA TERRA, LLC EAS $49.00 Thurston Co Wa page 11 ~~~ ~~~ ~ ~~~~~~~ ~~~~ ~~~~~ ~~~~ ~~~~~~ ~~~ ~~~~~~ ~~~ ~~~~ O8~ ~ 2~ 6 010 S A ~~ TAHOMA TERRA, LLC C04 $32 00 Thurston Co Wa EXHIBIT A COMMERCIAL PROPERTY SUBJECT TO COVENANT The following property which is subject to the Commercial Declaration is subject to the foregoing Covenant: Reserved for future commercial development tracts. Tahorna Terra Covenant to Share Costs #316778 11101-281 6sf#02~doc 5/6/06 3830702 Ill III I'll O5 g 1.! 2006 10 5 A IIIIIIIIIIIIIII IIIIIIIIIIIIII IIIIIIIIIIIIII TAHOMA TERRA, LLC EAS $49.00 Thurston Co Wa Exlubtt A 3830703 IIII `ll llll 05 gt 1 12006 010 58F1 I II ` VVff I `I III~~ I V {fl ®~ II I lllll Illlll ill ~ 1 1111 11 II I TAHOMA TERRA, LLC COV $32 00 Thurston Co Wa EXHIBIT B RESIDENTIAL PROPERTY SUBJECT TO COVENANT The following property which is subject to the Residential Declaration is subject to the foregoing Covenant: Lots 1 through 89 inclusive and Tracts A through K of the Plat of Tahoma Terra Division 1, as recorded under Auditor's File Number ~?~~.~('~~7~~~, Records of Thurston County, Washington. Being a portion of the Northeast Quarter and the Southeast Quarter of the Southwest Quarter of Section 24, Township 17 North, Range 1 East, W.M. Thurston County, Washington. EXCEPT all those portions of Longmire Street SE, Terra Glenn Street SE, 100th Avenue SE, 99th Way SE, 99th Avenue SE, and Terra View Street SE dedicated to the City of Yelm for public road purposes as shown on said plat. TOGETHER with and subject to easements, covenants, conditions, and restrictions of record. Tahorna Terra Covenant to Share Costs #316778 11101-281 bsf#02~doc 5/6/06 3830702 I III IIII ~55e !20 6 10 58R Illilllll IIIIIIII IIIIIIIII IIIIIIIII Iilllll IIII TAHQMA TERRA, LLC EAS $49 00 Thurston Co Wa Ex{irbat B I 13830703 I ~~IIIII 05/~1el2060105R II I III IIIIIIIIIIIII III IIIIIIIIIIIIIIII II IIIIIII TAHOMA TERRA, LLC COV $32 00 Thurston Co Wa EXHIBIT C GENERAL DESCRIPTION OF SHARED PROPERTY The Shared Property includes, without limitation, the following real or personal property located within Tahoma Terra as maybe generally described as follows: ~r benefit toaall f Tahoma Telracanclud ntusesriaoi• Tahoma Terra~which are of~a general g g ge, landscaping and..other improvements u, which =area a part thereof; (b) community=wide vacation and directional signage; (c)tralls within~Taloma Terra'which are "available'far use by all "Owners or occupantsof ~~. Tahoma Terra ~except~to the ekterit that such`~trails;are maintained by iri'~dividual Owners; (d) wetlands, -open-space areas; criticalareas,'bioswales'and"stormwater retention and treatment facilities; ~, (e) parking ots lf~avai'lable for use by al'1 Owners or~occupants ~of Tahoma'Terra without restriction; .„„ .rc. (f) parks;, if~dedicated'to the use of all Owners or occupants of Tahoma-Terra~or;_the plblc~and (g) landscaping adjacent to arterial or "spine" roadways whether ar not such property is within a~public r>`ght of way ~(to the extent~permitted by 1the;~applicable governni~ental agency). Tahoma Terra Covenant to Share Costs #316778 11101-281 6sf#02~ doc 5/6106 Exhtblt C 3830702 3830703 Page 17 of 18 III III IIII 05 5e 120 6 0 0 58R 05!11!2006 10 51R Illlllllll 111 11111 1111111 11111 11111 IIII 111111 111 111 II III IIII IIIIIIIIII 111111 I l III III II TAHOMA TERRA, LLC EAS $49 00 Thurston Co Wa TAHOMA TERRA, LLC COV $32 00 Thurston Co Wa EXHIBIT D EQUIVALENT UNIT ALLOCATION FOR PHASE 1 COMMERCIAL PARCEL DESCRIPTIONS EQUIVALENT UNITS ACTCiAL # OF UNITS THIS PHASE ACTUAL ERUS (SEE FORMULA, SECTION 5.2.3) Commercial bulldmgs 2,000 sq. ft. _ 1.00 Apartment Units 0.75 RESIDENTIAL PROPERTY Single Family Detached Units 1.00 89 89 Attached Single Family Units (Townhomes, Duplexes, Etc.) 0.75 TOTAL: 89 89 7ahoma Terra Covenant to Share Costs #316778 11101-281 6sf#02~ doc 516106 II IIIIIIIIIIIIIIIIIIII IIII oag0z06~o51A ~ IIII (IIII 1111111 III III TAHOMA TERRA, LLC EAS $49 00 Thurston Co Wa Exhtbat D l f 4 3830703 111 Illlll III III OS 9e 120 6010 5 A IIIIIIIIIIII III Ill I I III Illlllll TAHOMA TERRA, LLC COV $32 00 Thurston Co Wa .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. TT PH 1-2, LLC 2. Bloom, Douglas R 3. Tahoma Terra Residential Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Parcels A & B of City of Yelm Boundary Line Adjustment No. BLA-04-0166-YL, recorded under Thurston County Recording No. 3699428 AssessorOs Property Tax ParceVAccount Number: 21724310100,21724340100 3830697 IIIIIII O5g11l2006 10 S1R IIIIII VIII III IIIIII IIIIIIII 1111111 IIIIII II II TAHOMA TERRA, LLC PC $37 00 Thurston Co We Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No. 4299-777740 Page No . 1 ~ , , " ~ z , c FirstAmerican Tit/e Insurance Company .'~ _ ~ Bell Towne Centre 4200 6th Avenue SE, Ste 201 ~ -= _ -_ Lacey, WA 98503 -~`" ~` - .r Yom. ~ ' ~~R ~~~~+~~ Phn - (360)491-2441 - `"~ ~ `,~ ~'_ -' Fax - (360)352-7417 Title Team (Thurston) Phone No. (360) 491-2441 Fax No. (360) 455-5183 Mitch Miller William Tiglao msmiller@firstam.com btiglao@firstam.com SUBDIVISION GUARANTEE LIABILITY FEE GUARANTEES 4299-777740 herein called the Assured, against loss not exceeding the (lability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: APRIL 26, 2006 at 7:30 A.M. 3830697 III (III 05 /91e ! 2006 f 0 51 R IIIII (IIIII IIIIIIII 1111111 (IIIIIIII III I I TAHOMA TERRA, LLC PC $37.00 Thurston Co Wa $ 1,000.00 ORDER NO.: $ 350.00 TAX $ 29.40 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. FirstAmencan Title Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: TT PH 1-2, LLC, a Washington Limited Liability Company Guarantee No 4299-777740 Page No.. 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: PARCELS A AND B OF CITY OF YELM BOUNDARY LINE ADJUSTMENT NO. BLA-04-0166-YL, RECORDED UNDER THURSTON COUNTY RECORDING NO. 3699428. APN: 21724310100 APN: 21724340100 3830697 IIII IIII p5 9e J 2006 f 0 51 R III VIII IIIIIIIII 111111 IIIIIIIII (IIII (IIII TAHOMA TERRA, LLC PC $37 00 Thurston Co Wa. FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.. 4299-777740 Page No 3 1. General Taxes for the year 2006. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 21724310100 1st Half Amount Billed: $ 705.27 Amount Paid: $ 0.00 Amount Due: $ 705.27 Assessed Land Value: $ 115,450.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 705.27 Amount Paid: $ 0.00 Amount Due: $ 705.27 Assessed Land Value: $ 115,450.00 Assessed Improvement Value: $ 0.00 (Affects Parcel A) 2. General Taxes for the year 2006. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 21724340100 1st Half Amount Billed: $ 1,127.68 Amount Paid: $ 0.00 Amount Due: $ 1,127.68 Assessed Land Value: $ 183,650.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 1,127.69 Amount Paid: $ 0.00 Amount Due: $ 1,127.69 Assessed Land Value: $ 183,650.00 Assessed Improvement Value: $ 0.00 (Affects Parcel B) 3. Taxes which may be assessed and extended on any subsequent roll for the tax year 2006, with respect to new improvements and the first occupancy which may be included on the regular assessment roll and which are an accruing lien not yet due or payable. 4. Deed of Trust and Security Agreement and the terms and conditions thereof. Grantor/Trustor: TT PH 1-2, LLC, a Washington Limited Liability Company Grantee/Beneficiary: The Quadrant Corporation, a Washington Corporation Trustee: First American Title Insurance Company Amount: $1,500,000.00 Recorded: February 07, 2005 Recording Information: 3707563 and 3707564 First American Title a m 3 t° o 0 ~ ~ U ~ `~ C r- o t0 ~ N m m v M rn ~ 3 t M a ~ ~ m r U a _~ U J -- o: w r ® E o f- Form No 14 Guarantee No • 4299-777740 Subdivision Guarantee (4-10-75) Page No . 4 5. Early Entry Agreement and the terms and conditions thereof: Between: TT PH 1-2, LLC And: The Quadrant Corporation Recording Information: 3709426 Said Agreement was modified per Amended and Restated Agreement dated April _, 2006, recorded April 24, 2006, under 3825770. 6. Subordination and Intercreditor Agreement and the terms and conditions thereof: Between: The Quadrant Corporation, a Washington Corporation And: South Sound Bank, a Washington Corporation Recording Information: 3714908 and 3714909 7. Deed of Trust, Security Agreement, Fixture Filing, and Assignment of Rents and the terms and conditions thereof. Grantor/Trustor: TTPH 1-2, LLC, a Washington Limited Liability Company Grantee/Beneficiary: Homestreet Bank, a Washington State Chartered Savings Bank Trustee: First American Title Insurance Company Amount: $8,500,000.00 Recorded: January 27, 2006 Recording Information: 3804063, 3804064, 3804065 and 3804066 8. Subordination and Intercreditor Agreement and the terms and conditions thereof: Between: The Quadrant Corporation, a Washington Corporation And: Homestreet Bank, a Washington State Chartered Savings Bank Recording Information: 3804061 and 3804062 9. Evidence of the authority of the individual(s) to execute the forthcoming document for 7TPH 1- 2, LLC, copies of the current operating agreement should be submitted prior to closing. 3 1° o 0 10. Easement, including terms and provisions contained therein: a ~ " Recording Information: 637886 m ~ For: Road purposes and related rights M ~ ao ro ,n s M a o ~ This easement is in the process of being terminated. ® s 11. The terms and provisions contained in the document entitled "City of Yelm Ordinance No. 607" r Recorded: September 3, 1998 Recording No.: 3176833 ~ ® ~ 12. The terms and provisions contained in the document entitled "Notice of Furnishing Professional Services" Recorded: November 3, 2003 Recording No.: 35952377 13. Covenants, conditions, restnctions and/or easements: ®II Recorded: January 4, 2004 Recording No.: 3699427 FirstAmencan Title Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No 4299-777740 Page No . 5 14. Terms, covenants, conditions and restrictions as contained m recorded Lot Line AdJustment (Boundary Line Revisions): Recorded: December 30, 2004 Recording Informaton: 3699428 15. Survey by Butler Surveying, Inc., dated February 10, 2005, Job No. 04-232, discloses the following: Fence line at variance with record boundaries at South line of Parcel A. 16. The terms and provisions contained in the document entitled "Memorandum of Agreement" Recorded: March 17, 2005 Recording No.: 3716822 17. Easement, including terms and provisions contained therein: Recorded: July 29, 2005 Recording Information: 3753288 In Favor Of: Puget Sound Energy, Inc., a Washington corporation For: Electric transmission and/or distribution system 18. Water Right Conveyance and Right-of-Entry Agreement and the terms and conditions thereof: Between: City of Yelm, a Municipality And: Tahoma Terra, LLC; TT PH 1-2, LLC; and TT PH 3-8, LLC Recording Information: 3778520 and 3778521 INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. 3830697 I Page 6 of 6 I 10 51A II 05(11/2006 III a III W I o I III C II n II to II I rs III u Th III I @ 0 II II III 3 II I III III PC II III TAHOMA TERRA , LL-C FirstAmencan Tit/e eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. TTPH 3-8, LLC 2. Bloom, Douglas R 3. Tahoma Terra Residential Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The NE'/4of the SE%f Section 23, Township 17N, Range 1 E, together with the NW'/4of the SW'/4of Section 24, Township 17N, Range lE, and the SE'/mf the SE'/,of Section 23, Township 17N, Range lE, and the SW'/4ofthe SW'/~of Section 24, Township 17N, Range lE Assessors Property Tax ParceUAccount Number: 21723440000,21723410000,21724320000,21724330000 3830698 I IIIII IIII IIII 05/y1e 12006 ~ 0 51 A I IIIIIIIIIIII Iillllilliliill illlill TAHOMA TERRA, LLC PC $39 00 Thurston Co Wa Form No 14 Subdivision Guarantee (4-10-75) ~g" ~ ~~'c "`~\, a ~ t' Guarantee No ~ 4299-777752 Page No . 1 First American Tit/e Insurance Company Bell Towne Centre 4200 6th Avenue sE, Swte 201 Lacey, WA 98503 Phn - (360) 491-2441 Fax - (360) 352-7417 Title Team (Thurston) Phone No, (360) 491-2441 Fax No. (360) 455-5183 Mitch Miller William Tiglao msmiller@firstam.com btiglao@firstam.com SECOND REPORT SUBDIVISION GUARANTEE LIABILITY FEE $ 1,000.00 ORDER NO.: 4299-777752 $ 350.00 TAX $ 29.40 YOUR REF.: Tahoma Terra First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES TTPH 3-8, LLC herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor (lability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee Is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: April 21, 2006 at 7:30 A.M. IIIIII (III II II P8g 0698of 8 III IIIII (III I O5 / 1 1 12006 III IIIIII III (III 10 51R I (III (III TAHOMA TERRA, LLC PC $39 00 Thurston Co Wa FirstAmencan Tit/e Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: TTPH 3-8, LLC, a Washington Limited Liability Company Guarantee No 4299-777752 Page No • 2 B. That according to the Company`s title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: The land referred to in this report is described in Exhibit A attached hereto. 3830698 II IIII p5/y1e /2006 f 0 51R I VIIIII (IIIIIII II IIIIIII IIIIIIIIII IIIIIII III TAHOMA TERRA, LLC PC $39 00 Thurston Ca Wa FirstAmerrcan Tit/e Form No 14 Subdivision Guarantee (4-10-75) Guarantee No .4299-777752 Page No 3 EXHIBIT A LEGAL DESCRIPTION PARCEL "A": THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 17 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, IN THURSTON COUNTY, WASHINGTON; TOGETHER WITH THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, IN THURSTON COUNTY, WASHINGTON. PARCEL "B": THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 17 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, IN THURSTON COUNTY, WASHINGTON. PARCEL "C": THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, IN THURSTON COUNTY, WASHINGTON. APN: 21723440000 APN: 21723410000 APN: 21724320000 APN: 21724330000 IIIIII VIII III III IIIiI III I IIII illlll III VIII IIII IIII 0 $g 06 006 10 51 A TAHOMA TERRA, LLC PC $39 00 Thurston Co Wa FirstAmerrcan Tit/e Form No 14 Subdroision Guarantee (4-10-75) RECORD MATTERS: Guarantee No .4299-777752 Page No . 4 1. General Taxes for the year 2006. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 21723440000 1st Half Amount Billed: $ 1,041.16 Amount Paid: $ 0.00 Amount Due: $ 1,041.16 Assessed Land Value: $ 169,350.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 1,041.16 Amount Paid: $ 0.00 Amount Due: $ 1,041.16 Assessed Land Value: $ 169,350.00 Assessed Improvement Value: $ 0.00 (as to Parcel "B") 2. General Taxes for the year 2006. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 21723410000 1st Half Amount Billed: $ 1,041.16 Amount Paid: $ 0.00 Amount Due: $ 1,041.16 Assessed Land Value: $ 169,350.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 1,041.16 Amount Paid: $ 0.00 Amount Due: $ 1,041.16 Assessed Land Value: $ 169,350.00 Assessed Improvement Value: $ 0.00 (as to a portion of Parcel "A") 3830698 IIII p5ge /2006 `10 51A I IIII III III IIII I III III IIII IIII IIIII a IIII w III Co IIIII ton IIII r s pC g39 00 Thu TAHOMA TERRA, LLC FirstAmerrcan Td/e Form No 14 Subdivision Guarantee (4-10-75) Guarantee No 4299-777752 Page No 5 3. General Taxes for the year 2006. The first half becomes delinquent after April 30th. half becomes delinquent after October 31st. Tax Account No.: 21724320000 1st Half Amount Billed: $ 1,041.16 Amount Paid: $ 0.00 Amount Due: $ 1,041.16 Assessed Land Value: $ 169,350.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 1,041.16 Amount Paid: $ 0.00 Amount Due: $ 1,041.16 Assessed Land Value: $ 169,350.00 Assessed Improvement Value: $ 0.00 (as to the remainder of Parcel "A") 4. General Taxes for the year 2006. The first half becomes delinquent after April 30th half becomes delinquent after October 31st. Tax Account No.: 21724330000 1st Half Amount Billed: $ 1,041.16 Amount Paid: $ 0.00 Amount Due: $ 1,041.16 Assessed Land Value: $ 169,350.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 1,041.16 Amount Paid: $ 0.00 Amount Due: $ 1,041.16 Assessed Land Value: $ 169,350.00 Assessed Improvement Value: $ 0.00 (as to Parcel "C") The second The second 5. Deed of Trust and the terms and conditions thereof. Grantor: Tahoma Terra, L.L.C., a Washington Limited Liability Company Beneficiary: Dragt Family, LLC, a Washington Limited Liability Company Trustee: First American Title Insurance Company Amount: $2,300,000.00 Recorded: December 14, 2004 Recording No.: 3695465 (affects Parcels "B" and "C", portion of Parcel "A" and includes other property) The deed of trust was partially reconveyed as to that portion of Parcel "A" lying in the Northwest Quarter of the Southwest Quarter of Section 24, Township 17 North, Range 1 East, W.M., by instrument recorded under Recording No. 3718747. m .- 3 CO o 0 ~« r V 0 pp p C ~ in o 0 ~ N +~ m N Ih p1 ~ 3 m ® ~ rn M ® ~- U a U J J a a w Q 0 ® _ a ~- FirstAmencan Tit/e Form No 14 Subdivision Guarantee (4-10-75) Guarantee No • 4299-777752 Page No.. 6 6. Subordination and Intercreditor Agreement and the terms and conditions thereof: Between: The Quadrant Corporation, a Washington Corporat+on and TT PH 3-8, LLC, a Washington Limited Liability Company And: Steven L. Chamberlain, Douglas R. Bloom, Cindy L. Bloom and South Sound Bank, a Washington Corporation Recorded: March 10, 2005 Recording No(s).: 3714906 and 3714907 7. Deed of Trust and Security Agreement and the terms and conditions thereof. Grantor: TT PH 3-8, LLC, a Washington Limited Liability Company Beneficiary: The Quadrant Corporation, a Washington Corporation Trustee: First American Title Insurance Company Amount: $2,000,000.00 Recorded: March 17, 2005 Recording No.: 3716823 and 3716824 (affects Parcel "A" and includes other property) 8. Easement, including terms and provisions contained therein: In Favor Of: Weyerhaueser Logged Off Land Company, a corporation Recorded: September 9, 1929 Recording No.: 214007 For: wagon road Affects: the Northerly 15 feet of Parcel "A" lying in the East half of the Northeast Quarter of the Southeast Quarter in Section 23 9. Reservations and exceptions, including the terms and conditions thereof: Reserving: minerals Reserved By: Weyerhaueser Logged Off Land Company, a corporation Recorded: September 9, 1929 3 Recording No.: 214007 °0 0 0 (affects a portion of Parcel "A") o o ~ m r o ~ N ~ 0 +~ 10. Easement, including terms and provisions contained therein: rmi m T In Favor Of: Weyerhaeuser Timber Company, a corporation 00 ro u, M a ~ t ~ Recorded: July 2, 1942 Recording No.: 367349 ~ For: road purposes ~' Affects: the Northerly 30 feet of Parcel "A" lying in the West half of the Northeast Quarter of the Southeast Quarter in Section 23 a 11. Easement, including terms and provisions contained therein: Recorded: February Z, 1961 Recording No.: 637886 For: road purposes and logging road right of way Affects: refer to said instrument for the exact location ~ W 12. The terms and provisions contained in the document entitled "City of Yelm Ordinance No. 607" o Recorded: September 3, 1998 a Recording No.: 3176833 FirstAmencan Tit/e Form No 14 Guarantee No 4299-777752 Subdivision Guarantee (4-10-75) Page No • 7 13. Conditions, notes, easements, provisions and encroachments contained and/or delineated on the face of the survey recorded under Thurston County Recording No. 3273875. 14. The terms and provisions contained in the document entitled "Notice of Furnishing Professional Services" Recorded: November 3, 2003 Recording No.: 3592377 15. Early Entry Agreement and the terms and conditions thereof: Between: TT PH 3-8, LLC And: The Quadrant Corporation Recorded: March 9, 2005 Recording No.: 3714704 16. Memorandum of Agreement and the terms and conditions thereof: Between: TT PH 3-8, LLC And: The Quadrant Corporation Recorded: March 17, 2005 Recording No.: 3716821 17. Mitigation Agreement and the terms and conditions thereof: Between: Yelm Commurnty Schools District No. 2 And: Tahoma Terra LLC Recorded: October 12, 2005 Recording No.: 3775281 The agreement was partially released as to proposed Lots 30 through 35, inclusive, of Tahoma Terra by instrument recorded under Recording No. 3783662. 18. Water Right Conveyance and Right-of-Entry Agreement and the terms and conditions thereof: Between: City of Yelm And: Tahoma Terra, LLC, TT PH 1-2, LLC and TT PH 3-8, LLC, all limited liability companies Recorded: October 24, 2005 Recording No(s).: 3778520 and 3778521 19. Any question that may arise due to the shifting and/or changing in the course of Thompson Creek. 20. Rights of the general public to the unrestricted use of all the waters of a navigable body of water not only for the primary purpose of navigation, but also for corollary purposes; including (but not limited to) fishing, boating, bathing, swimming, water skiing and other related recreational purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level, all as further defined by the decisional law of this state. (Affects all of the premises subject to such submergence) IIIIIIVIIIIIIIIII IIIIVIIIi IIIIIIIIIIIVIIIIIIIIIII 08906006{0 51A TAHOMA TERRA, LLC PC $39 00 Thurston Co Wa FirstAmerican Tit/e eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Amendment to Articles of Incorporation of Tahoma Terra Residential Association 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Tahoma Terra, LLC 2. Bloom, Douglas R 3. Tahoma Terra Residential Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Parcels A & B of City of Yelm Boundary Line Adjustment No. BLA-04-0166-YL, recorded under Thurston County Recording No. 3699428 Assessors Property Tax ParceUAccount Number: 21724310100,21724340100 3830699 II IIII IIII 05/~1e / 2006 { 0 51 R illilllliilli iliillill IIIIIIiill 1111111 TAHOMA TERRA, LLC MISC $33 00 Thurston Co Wa AMENDMENT TO ARTICLES OF INCORPORATION OF TAHOMA TERRA RESIDENTIAL ASSOCIATION The sole Member of the Tahoma Terra Residential Association, Tahoma Terra, L.L.C., unanimously resolves to amend the Articles of Incorporation as follows: ARTICLE 3. PURPOSES AND POWERS A new Subsection (a)(iii) is added to Article 3 as follows: "to provide for the maintenance of common improvements required by the City of Yelm as part of the Conceptual Master Site Plan, Final Master Site Plan, or development approval of the Tahoma Terra Master Planned Community." A new Subsection (b)(ii)(Ba) is added to Article 3 as follows: ""to manage, operate, maintain, or repair common improvements required by the City of Yelm as part of the approval of the Tahoma Terra Master Planned Commumty." TAHOMA TERRA, L.L.C., a Washington limited liability company ~BY a sJ~c:~ c. l~ .~' .f°~~c. ~y Ti •'~'J~A G,~,P 3830699 II IIII IIII 05ly11l2006 { 0 51R IIIIII I IIII (IIII I IIIIIIII ~ I Ilill II III TAHOMA TERRA, LLC MISC $33 00 Thurston Ca Wa eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Tahoma Terra, LLC 2. Bloom, Douglas R 3. Tahoma Terra Residential Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Parcels A & B of City of Yelm Boundary Line Adjustment No. BLA-04-0166-YL, recorded under Thurston County Recording No. 3699428 Assessors Property Tax ParceUAccount Number: 21724310100,21724340100 3830700 IIII O5 g1e 12006 f 0 51 R III IIII IIII IIIIIIIIIIII Illilllllll IIIIIIIII 111111 TAHOMA TERRA, LLC MISC $33 00 Thurston Co Wa BILL OF SALE THIS BILL OF SALE is made and executed this ~ ~ day of I )i~ ~ . 20C (~' by and between Tahoma Terra, LLC, hereinafter called the grantor, and he Ctty of Yelm, a Muntctpal Corporation, hereinafter called the grantee WITNESSETH: That the grantor, for good and ~-aluable consideration, the receipt of ~~hich is hereby acknowledged, hereby com~ey. set over, assign and ~~arrant to the City of Yelm the follon ing described property situated in Thurston County, State of Washington, TO ~'JIT. All Sanitary Sewer lines, STEP se~~er system, Water lines and related appurtenances 1}•ing ~uthm dedicated public nghts of ~~ ay for the Plat of Tahoma Terra Di~~ision 1 and for Longmtre Road S E , of Yelm's Plat No. SUB-OS-0068-1'L IN ~'~%ITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and its corporate seal (if an}) to be affixed this ! ~ day of 20C~L . Tahoma Terra, LLC ' 131' ~ ~ ~'i = ~ "~, f icnatur~~' ITS .'»~-r,~./-}Lr=~Z (Tnlcl STATE OF WASHINGTON ) ss COU?~iTI' OF THURSTON ) k On the `~' day of ~i~~~Cc. , 20L~, before me, a Notar}• Public in and for the State of Washington, duly coin issioned and s~~~orn, personally appeared ~~~3 ~c-~ ~Gl`~,v~ to me known to be the ~~, ~ - ~ ~ 1 l of~T'c~~~kr~r ~ F`~~s IcC:.- and ackno~~ledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation ~\d~~~~ \1q q q q' `~'' ~. ~ ASS my hand and oftictal seal the day and }ear first-above wntten• i~~` P~ ,~`''''•~L ~ •`',~~°'~ Notary Publtc in and~for the ` c' ~ ~^. :~ = ;1 ~~~ : State of Washington, residrng in ..~.- •.~ ih~~ a ~~~,.~,~~y~~accepted flits day of 20 Crtv of 'elm By~ Director of Public Works 3830700 III IIII 0591e1 /2006 f 7OZ51A Illilll IIIIIIII Illillll !111111 IINIII 1111111 !III TAHOMA TERRA, LLC MISC $33 00 Thurston Co Wa eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Tahoma Terra, LLC 2. Bloom, Douglas R 3. Tahoma Terra Residential Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Parcels A & B of City of Yelm Boundary Line Adjustment No. BLA-04-0166-YL, recorded under Thurston County Recording No. 3699428 Assessors Property Tax ParceVAccount Number: 21724310100,21724340100 111111 IIIII 1111111 P8g 0701of 3 1111111111111 , 1/ 1 111111 I OS 1 200 1 111111111111 6 0 51q III TAHOMA TERRA, LLC MISC $34 00 Thurston Co Wa WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS TAHOMA TERRA, LLC (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 TAHOMA TERRA DIVISION 1, 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 111111 IIII P8g 0701of 3 IIIIIIII IIIIIIIII S Illllllllll III IIIII 0_!11!2006 1 IIII 1111 0 51A TAHOMA TERRA, LLC MISC $34 00 Thurston Co Wa 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. ~,_-- ~. " r,~ l' ~- ^ uglas Bloom ~~ ~ ~ MANAGER STATE OF WASHINGTON) ss COUNTY OF THURSTON ) ~~~ On this day of ~~ ~~~ _ , 20 (. ~. ,before me, the undersigned, a Notary Public in and for he State. of Washington, duly commissioned and sworn, personally appeared ~ ~,.~.~',c,~~ ~; ~l: ~~-~ ~ that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and deed ,for the uses and purposes therein mentioned, and on oath stated that he/she/they was (were) authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. ~ ~. Given under my hand and seal this ~_ day of ~ ``,~<< ~ ~,} , 20 (.~(~~~ . ~.~ 'f.;~•;~`<, Notary Public in'and the y~` ~,`;~` ; ..State of Washington, residing in s ~ , ~ 1;1 Z ~' ~t lz =~'`~= ~ . d'' =~~# ~~ My commission expires: i % ~'1l~A ~ ,4~ ~``a 4p4 __11~ 4 ~F.. tSt121tAa~~``''~ 3830701 I III 1111 IIII O59e !2006 `0 51R 111111 1111111 111111 1111111 IIIllllllll III TAHOMA TERRA, LLC MISC $34 00 Thurston Co Wa When Recorded, Return to. TAHOMA TERRA, L.L.C. C/O SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TAHOMA TERRA RESIDENTIAL PROPERTY (City of Yelm Required Maintenance) Grantor: TAHOMA TERRA, L.L.C. Grantee: PLAT OF TAHOMA TERRA Legal Description PORTIONS OF THE EAST HALF OF THE SOUTHEAST (abbreviated): QUARTER OF SECTION 23 AND THE SOUTHWEST QUARTER OF SECTION 24 ALL IN TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M. THURSTON COUNTY, WASHINGTON ^ Additional on: Assessor's Tax Parcel ID #: Reference Nos. of Documents Released or Assigned: N/A III I IIIIII I I II 3830706 111 IIII Illi~l III II~II II O5/~iel2006 f O151R ~I IIII TAHOMA TERRA, LLC COV $42.00 Thurston Co Wa. SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TAHOMA TERRA RESIDENTIAL PROPERTY (City of Yelm Required Maintenance) THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this ~~ day of G, , 2006, by TAHOMA TERRA, L.L.C., a Washington limite liability company ("Declarant"). RECITALS A. Tahoma Terra is a master planned community located in the Crty of Yelm, Thurston County, Washington. B. Pursuant to a Declaration of Covenants, Conditions and Restrictions for Tahoma Terra Residential Property ("Residential Declaration"), Declarant has provided for the development, administration, maintenance and preservation of the residential property that is a component of the Tahoma Terra master planned community. In that connection, the Residential Declaration provides for the establishment of the Tahoma Terra Residential Association ("Resident>al Association"). C. The Residential Declaration provides for the assignment to the Residential Association of certain maintenance obligations for Areas for Common Responsibility, as such term is defined in the Residential Declaration. D. For purposes of clarity with respect to certain maintenance obligations for spec>fic Areas of Common Responsibility which the City of Yelm requires the Residential Association to undertake, Declarant desires to record this Supplemental Declaration. E. Capitalized terms not otherwise defined herein shall have the meaning assigned to them in the Residential Declaration. Tahoma Terra Supplemental CCRs (Residential) page 1 #328308 1 1 101-281 71 b O1 ~ doc 5/6/06 I II IIIIIIIIIII 08g02006~0 51A I IliIIIIIIVIII II I I IIIIillll III I TAHOMA TERRA, LLC COY $42 00 Thurston Co Wa ARTICLE 1. PROPERTY SUBJECT TO SUPPLEMENTAL DECLARATION 1.1. Purpose. Declarant, as the owner of the real property described in Exhibit A to the Residential Declaration, intends by recording this Supplemental Declaration to impose certain supplemental covenants, conditions and restrictions upon the master planned community known as Tahoma Terra. 1.2. Binding Effect. All property described in Exhibit A of the Residential Declaration, and any additional property which is made subject to the Residential Declaration in the future by the recording of one or more Supplemental Declarations, shall be owned, conveyed and used subject to all of the provisions of this Supplemental Declaration which shall run with title to such property. This Supplemental Declaration shall be binding upon all Persons having any right, title or interest in any portion of the Property, their heirs, successors, successors-m-title and assigns. ARTICLE 2. REQUIRED MAINTENANCE Pursuant to the requirements of the City of Yelm, those certain Areas of Common Responsibility described on the attached EXHIBIT A ("Required Maintenance Improvements") shall be maintained by the Residential Association. The City of Yelm shall have no responsibility in connection with the Required Maintenance Improvements. In the event Residential Association, in the judgment of the City of Yelm, fails to maintain drainage facilities within the subdivision, or if the Residential Association willfully or accidentally reduces the capacity of the drainage system or renders any part of the drainage system unusable, the Residential Association agrees to the following remedy: After thirty (30) days notice by registered mail to the Residential Association, the City of Yelm may correct the problem or maintain the facilities as necessary to restore the system and bzll the Residential Association for all costs associated with engineering and construction of the remedial work. The City will place a lien on the property and/or on lots in the Residential Association for payments in arrears. Costs or fees incurred by the City, should legal action be taken to collect such payments m arrears, shall be borne by the Residential Association. ARTICLE 3. MAINTENANCE 3.1. Standard of Maintenance The Residential Association shall maintain the Required Maintenance Improvements in accordance with the Community-Wide Standard as more particularly defined in the Residential Declaration. The Community-Wide Standard with respect to the Required Maintenance Improvements may evolve as the development of Tahoma Terra Supplernental CCRs (Resrclerrtral) page 2 #328308 11101-28] 71b Ol~doc 5/6/06 111111 Illil IIIINI Iilll Iiill IIII Illllf III IIIII IIII IIII a $g ~ z~o6 f o~s, A TAHOMA TERRA, LLC COV $42 00 Thurston Co Wa Tahoma Terra progresses, but >n no event shall such standard be less than that applicable to the Required Maintenance Improvements upon their completion by Declarant and their conveyance to the Residential Association. 3.2. Storm Drainage Maintenance Plan. Attached hereto as EXHI$IT B is a Maintenance Plan with respect to the drainage facilities intended to serve Tahoma Terra. The Residential Association shall, without limitation, be responsible for undertaking the maintenance described in the Maintenance Plan, as it maybe subsequently updated or amended by the City of Yelm. ARTICLE 4. RESTRICTED ACTIVITIES No Owner shall obstruct or rechannel drainage flows after location and installation of drainage swales, storm sewers or storm drains. Notw>thstanding the foregoing, Declarant and the Association may take such actions provided that they are consistent with the requirements imposed by the City of Yelm with respect to such improvements. The exercise of such right by Declarant or the Association shall not materially diminish the value of or unreasonably interfere with the use of any Unit without the Owner's consent. ARTICLE 5. AMENDMENT 5.1. By Declarant. Subject to the approval rights by the City of Yelm pursuant to Section 5.3 below, until conveyance of the first Umt to a Person other than a Builder, Declarant may unilaterally amend this Supplemental Declaration for any purpose. Thereafter, Declarant may unilaterally amend this Supplemental Declaration if such amendment is necessary (a) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (b) to enable any reputable title insurance company to issue title insurance coverage on the Units; (c) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to make, purchase, insure or guarantee mortgage loans on the Units; or (d) to satisfy the requirements of any local, state or federal governmental agency. However, any such amendment shall not adversely affect the title to any Unit unless the Owner shall consent in writing. In addition and subject to the approval rights by the City of Yelm pursuant to Section 5.3 below, so long as Declarant owns property described in EXHIBIT A or EXHIBIT B of the Residential Declaration for development as part of the Property, it may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner or unless such Owner shall consent in wasting. Tahoma Terra Szrpple~nental CCRs (Resrdeszteal) page 3 #328308 ] 1 101-281 71 h Ol ~ doc 5/6/06 II I IIIIII III VIII 1III IIII 689 0 2006 `0151R i II Illillllillillll! I TAHOMA TERRA, LLC COV $42 00 Thurston Co Wa 5.2. By Members. Subject to the approval nghts by the City of Yelm pursuant to Section 5.3 below, except as otherwise specifically provided above and elsewhere in this Supplemental Declaration, this Supplemental Declaration maybe amended only by the affirmative vote or written consent, or any combination thereof, of Members representing 67% of the total Class A votes in the Association, including 67% of the Class A votes held by Members other than Declarant, and Declarant's consent, so long Declarant owns any property subject to this Supplemental Declaration or wh>ch may become subject to this Supplemental Declaration. 5.3. Submission of Proposed Amendment to City of Yelm. No amendment to this Supplemental Declaration by Declarant or the Members may be made without first submitting the proposed amendment to the Site Plan Review Committee of the City of Yelm or to any successor committee or agency designated by the City in writing to the Residential Association. Any proposed amendment shall be submitted to the City in writing and shall be sent by (i) certified or registered mail, (ii) reputable overnight courier service, or (iii) personally delivered. The City of Yelm may respond to the proposed amendment by (i) approving the proposed amendment, (iii) requiring modifications to the amendment to be made as a condition to the City granting its approval thereto, or (iii) rejecting the amendment, in which case the reasons for such rejection shall be stated. If the City approves the amendment, the Residential Association shall retain a copy of such approval in its records and may then proceed with the recording of the proposed amendment. If the City conditions its approval of the proposed amendment on revisions, the amendment maybe resubmitted to the City for review following its revision. If the City rejects the proposed amendment, the amendment shall not be recorded or be of any force or effect. 5.4. Validity and Effective Date. Subject to approval by the City of Yelm pursuant to Section 5.3 above, any amendment shall become effective upon recording, unless a later effective date is specified m the amendment. Any procedural challenge to an amendment must be made within s>x months of its recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of this Supplemental Declaration. Tahonaa Ter•~•a Supplemental CCRs (Residential) page 4 #328308 1110[-281 71b OI~doc 5/6/06 3830706 IIII IIII 05/~ie ! 2006 f 0 51 R IIIIIIIII 111111 IIII I I IIII Iiiilll IIII Iill TAHOMA TERRA, LLC COV $42 00 Thurston Co Wa IN WITNESS WHEREOF, the undersigned Declarant has executed this Supplemental Declaration as of the date and year first written above. TAHOMA TERRA, L.L.C., a Washington limited liability company --~ a e• ~ clc S jZ ~ C-c~.~"l Titl : f'1;~~~ ~.'C STATE OF WASHINGTON ss. COUNTY OF ~~.t2s T~.~.i On this day personally appeared before me ~aGz ~ ~.~s ~ d L v a~ to me known to be the ,/1~1; 9Ns~ G ~iZ of TAHOMA TERRA, L.L.C., the Washington limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such limited liability company, for the uses and purposes therein mentioned, and on oath stated that s/he was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL th1S Cl'`~day of _~~~~, 2006. " - ~ Pnnte Name ~,onn~e ~- /~y~~-1' „ _ . ~,,, "' NOTARY PUBLIC in and for the State of Washington, a residing at ~E/r~, ~; J .~ My Commission Expires ,T„t ~~, / y ~ pQ 7 ~~~~~~~I6~A11P®~ Tal~oma Terra Supplemental C'CRs (Resrdential) #328308 11101-281 716 Ol~doc 5/6/06 page 5 ~~~~~~ ~~~~~ ~~~~~~~ ~~~~ ~~~~~ ~~~~ ~~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ OB/g 12605 f ©151A TAHOMA TERRA, LLC COY $42 00 Thurston Co Wa EXHIBIT A REQUIRED MAINTENANCE IMPROVEMENTS The following constitute the Required Maintenance Improvements pursuant to the foregoing Supplemental Declaration: 1. Storm drainage treatment and disposal system for the Community. 2. Open-space areas, critical areas, bioswales and stormwater retention and treatment facilities. 3. Landscaping m planter stnps adjacent to arterial and local access roadways. 4. Parks within the Community which are not otherwise dedicated to the City of Yelm or another governmental agency. Tahoma Terra Supplemental CCRS (Restdenttal) E.xhtbit fI #328308 II101-281 716 Ol~doc 5/6/OC 3830706 I I IIII IIII 05ge /2006 ~ O151R IIIIIIII IIIII IIII III III IIIIIIII Iiii III TAHOMA TERRA, LLC COV $42 00 Thurston Co Wa EXHIBIT B MAINTENANCE PLAN TAHOMA TERRA SUB-OS-0068-YL INSTRUCTIONS FOR MAINTENANCE OF STORM DRAINAGE FACILITIES The following pages contain maintenance needs for most components that are part of the proposed drainage system. A checklist should be completed for all system components according to the schedules shown in the tables. Using photocopies of these pages, check off the problems identified with each inspection. Add comments on problems found and actions taken. Keep these "checked" sheets in a file, as they will be used to waste the annual report (due m May of each year). Some items do not need to be checked with every inspection. Use the suggested frequency at the left of each item as a guideline for the inspections. The City of Yelm is available for technical assistance. Do not hesitate to call, especially if it appears that a problem may exist. Tahorria Terr°ct Supplemental CCRs (Residential) #328308 11101-Z81 716 Ol~doc 5/6/06 111111INII IIIIIN III IINI Exhtbtt B- page 1 III Ililll III VIII IIII IIII O5$/g 10/2006 10151A COV $42 00 Thurston Co Wa SUB-04-0218-YL SECTION 1 -REQUIRED MAINTENANCE The drainage facilities will require occasional maintenance. The checklists below are the minimum maintenance requirements and inspection frequencies. Maintenance Checklist for Conveyance Systems (Pipes and Swales) Frequency Drainage System Req'd Problem Conditions to Check For Conditions That Should t E Feature xis M S Pipes ~ Sediment & Accumulated sediment that Pipe cleaned of all debrrs exceeds 20% of the diameter of sediment and debris the pipe M ~ Vegetation Vegetation that reduces free All vegetation removed movement of water through so water flows freely pipes A ~ Damaged Protective coating is damaged, Pipe repaired or (rusted, bent rust rs causing more than 50% replaced or crushed deterioration to an art of i e M ~ Any dent that significantly Pipe repaired or impedes flow (r a ,decreases replaced the cross section area of pipe by more than 20%) M Pipe has mayor cracks or tears Prpe repaired or allowing groundwater leaks a replaced M,S Swales ~ Trash & Dumping of yard wastes such Remove trash and Debris as grass clippings and branches debrrs and dispose as into swale Accumulation of prescribed by City non-degradable materials such Waste Management as glass, plastic, metal, foam Section and coated paper M ~ Sediment Accumulated sediment that Swale cleaned of all buildup exceeds 20% of the design sediment and debrrs so depth that it matches design M ~ Vegetation not Grass cover is sparse and Aerate sods and reseed growing or weedy or areas are overgrown and mulch bare areas overgrown with woody vegetation Maintain grass height at a minimum of 6" for best stormwater treatment Remove woody growth, recontour and reseed as necessa M Conversion by Swale has been filled in or If possible, speak with homeowner to blocked by shed, woodpile, homeowner and request incompatible shrubbery, etc that swale area be use restored Contact City to report problem if not rectified voluntarily A ~ Swale does Water stands rn swale or flow A survey may be not drain velocity is very slow Stagnation needed to check grades occurs Grades need to be in 1 % range if possible If grade is less than 1 %, underdrains may need to be installed If you are unsure whether a problem exists, please contact the~urisdiction and ask for technical assistance Comments Key A =Annual (March or April preferred) M =Monthly (see schedule) Tahonia Terra Supplemental CCRs (Residential) Exlubu B- page 2 #328308 11101-281 71 b OI i doc 5/6/OC, ~II~~~ ~I ~ X89 079~of 11 ~~~ ~~~~I Illllll IIIII IIlIIIII o ~~ ~~~ 5! 1 I 006 II ~~II 10 51R TAHOMR TERRA, LLC COV $42 00 Thurston Co Wa Maintenance for Catch Basins and Inlets Drainage Frequency System ~ Req'd Problem Condrtrons to Check For Conditions That Should Feature Exist M,S General ~ Trash, debris Trash or debris in front of the catch No trash or debrrs located and sediment basin opening rs blocking capacity immediately in front of in or on basrn by more than 10% catch basin opening Grate rs kept clean and allows water to enter M ~ Sediment or debrrs (rn the basrn) No sediment or debrrs in that exceeds 1/3 the depth from the catch basin Catch the bottom of basrn to invert of the basin is dug out and clean lowest pipe into or out of the basin M,S ~ Trash or debris in any inlet or pipe Inlet and outlet pipes free blocking more than 1/3 of its of trash or debris her ht M ~ Structural Corner of frame extends more Frame is even with curb damage to than 3/4" past curb face into street frame and/or (if applicable) top slab M ~ Top slab has holes larger than 2 Top slab is free of holes square inches or cracks wider than and cracks 1/4" (intent is to make sure all material is running into the basin M ~ Frame not sitting flush on top slab, Frame is sitting flush on r e ,separation of more than 3/4" top of top slab of the frame from the top slab A ~ Cracks in Cracks wider than 1/2" and longer Basin replaced or repaired basin than 3", any evidence of soil to design standards walls/bottom particles entering catch basin Contact a professional through cracks or maintenance engineer for evaluation person fudges that structure is unsound A ~ Cracks wider than 1/2" and longer No cracks more than 1/4" than 1' at the toint of any wide at the point of inlet/outlet pipe or any evidence of rnlet/outlet pipe sort particles entering catch basrn through cracks A ~ Settlement / Basin has settled more than 1" or Basin replaced or repaired misalignment has rotated more than 2" out of to design standards alignment Contact a professional engineer for evaluation M,S ~ Fire hazard of Presence of chemicals such as No color, odor or sludge other pollution natural gas, oil and gasoline Basin is dug out and clean Obnoxious color, odor or sludge noted M,S ~ Outlet pipe is Vegetation or roots growing in No vegetation or root clogged with inlet/outlet pipe toints that are growth present vegetation more than 6" tall and less than 6" apart If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments Key A =Annual (March or Apnl preferred) M =Monthly (see schedule) S =After mayor storms Tahon2a Ter-rn Supplemental CCRs (Residential) #328308 11101-28i 716 Oi~doc 5/6/06 Exhabit B- page 3 II III I I illllii IIII VIII illl IIIIII III IIIIII III IIII os8i9 0 200 ~ o s 1R TAHOMA TERRA, LLC COV $42 00 Thurston Co Wa SECTION 2 -RESPONSIBLE ORGANIZATION The Residential Association shall be responsible for the operations and maintenance of all onsite storm drainage facilities. SECTION 3 -VEGETATION MANAGEMENT PLAN All disturbed pervious areas on the site will be landscaped to provide as aesthetically pleasing environment. SECTION 4 - BIOFILTRATION SWALE AND POND The bottom surface of the biofiltration Swale shall be periodically inspected for build-up of sediment and debris. If the pond begins to have standing water, especially after rainfall has ceased for several days, the infiltration facility may not be infiltrating properly and should be inspected. Tahoma Terra Suppleme~atal CCRs (Residential) Exhlbat B-page 4 #328308 11101-281 71b Ol ~ doc 5/6/06 I III I I III P8g @7016 of 11 III III IIIIII 05111/ III IIIIII III 200610 51 IIIIIIIIIII A II TAHOMA TERRA, LLC COV $42 00 Thurston Co Wa When Recorclecl, Return to: TAHOMA TERRA, L.L.C. C/O SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE TAHOMA MEADOW NEIGHBORHOOD Grantor: TAHOMA TERRA, L.L.C. Grantee: PLAT OF TAHOMA TERRA Legal Description (abbreviated): D Additional on: Exhibit A Assessor's Tax Parcel ID #: Reference Nos. of Documents Released or Assigned: N/A ~~ I IIIIIN IIII III I IIII INlil III lilll IIII IIII 05818 10 2006 f 0 51 R II TAHOMA TERRA, LLC COV $40 00 Thurston Co Wa SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE TAHOMA MEADOW NEIGHBORHOOD THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for the Tahoma Meadow Neighborhood is made this day of 2006, by TAHOMA TERRA, L.L.C., a Washington limited liability company ("Declarant"). ARTICLE 1. PROPERTY INCLUDED IN THE TAHOMA MEADOW NEIGHBORHOOD 1.1. Purpose. Declarant, as the owner of the real property described in Exhibit A, intends by recording this Supplemental Declaration to impose certain covenants, conditions and restrictions upon a portion of the master planned community known as Tahoma Terra, to be known as the Tahoma Meadow Neighborhood. 1.2. Binding Effect. All property described in EXHIBIT A, and any additional property which is made apart of the Property in the future by recording one or more Supplemental Declarations, shall be owned, conveyed and used subject to all of the provisions of this Supplemental Declaration, which shall run with the title to such property. Except as otherwise specifically provided, this Supplemental Declaration shall be binding upon all Persons having any right, title or interest in any portion of the Property, their heirs, successors, successors-in-title and assigns. 1.3 Future Expansion. The land use plan for the mixed-use, master planned Tahoma Terra community which includes all of the property described in EXHIBIT A and all or a portion of the property described in EXHH3IT B. Inclusion of property on the Master Plan shall not obligate Declarant to subject such property to this Supplemental Declaration. Some, all or none of the property described in ExxIBIT B may be subjected to the provisions of this Supplemental Declaration by act of the Declarant at any time during the Class B Control Period. III IIII III III IIII IIII IIIIII III IIIII IIII IIII 0 $g 07006 f 0 51 R I TAHOMA TERRA, LLC COV $40 00 Thurston Co Wa ARTICLE 2. RESTRICTIONS UPON RENTALS. 2.1. Purpose and Intent. This Section applies to the renting or leasing of Units (collectively, "renting" or "rental"), including all tenancies of any duration, all tenancies with options to purchase, all tenancies with first rights of refusal, and all living arrangements in any way governed by the provisions of RCW 59.12 or RCW 59.18, and shall also apply to any sublease of a Umt and the assignment of any lease of a Unit. No Unit Owner may rent a Unit without prior written approval of the Board of the Association ("Rental Approval"). No rental of a Unit shall be valid or enforceable unless it complies with the provisions of this Section, and the written approval of the rental agreement by the Board is granted prior to occupancy of the Tenant. The Board may, by a duly adopted rule, require that a fee be collected by the Association from the Owner as a condition of such approval. The Board may bar completely or restrict the total number of Units rented within the Properties for such reasons as the Board deems appropriate, including but not limited to maintaining an owner-occupied residential environment. 2.2. Definitions. All terms not otherwise defined herein have the same meaning as defined m the Declaration of Covenants, Conditions and Restrictions for Tahoma Terra Residential Property. In addition, the following definitions shall apply to this Section: (a) "Occupant" means anyone who occupies a Unit as a permanent residence or who stays overnight in any Unit more than fourteen (14) days in any calendar month, or more than thirty (30) days any calendar year. (b) "Related Party" means a person who has been certified in a written document filed by an Owner with the Association to be the (1) parent, (2) parent in law, (3) sibling, (4) sibling in law, (5) parent's sibling or (6) lineal descendant of the owner or (7) the lineal descendent of any of the foregoing persons, (8) the domestic partner of an owner, as "domestic partner" is defined by Seattle Municipal Code Section 4.30.020, or any amendment of successor to such statute, or if the statute is repealed, the definition last contained in the statute before its repeal, or if the Local Jurisdiction adopts such a statute, the statute adopted by the Local Jurisdiction, (9) the officer, director or employee of any Owner which is a corporation, (10) member or employee of any Owner that is a limited liability company, or (11) partner or employee of any Owner that is a partnership. (c) "Rental Agreement" shall mean any agreement, written or oral, related to the renting or leasing of any Unit. (d) "Tenant" means and includes a tenant, lessee, renter or other non- Owner occupant of a Unit that is not occupied by its Owner. For the purposes of the declaration, the term Tenant shall not include a Related Party. ~~ ~ ~~~ ~~~~~ ~~~~ ~~~~ 058/g 1/2006 f 0 51A TAHOMA TERRA, LLC COV $40 00 Thurston Co Wa 2.3. Rental Limitation. During the Class B Control Period, no Unit may be rented by an Owner without the written permission of Declarant. After Declarant holds no property subject to this Declaration or described in Exhibit A, and the Class B Control Period has ended, the Board may determine the number of Units that may be rented by at any one time, by adoption of a rule setting the number of Units that may be rented. The Board may determine that no Units maybe rented. The restrictions contained in this section shall be known as the "Rental Limitation". 2.4. Procedure for Obtaining Approval for Renting Unit. Owners interested in renting their Unit (after Declarant no longer has the sole right to approve rentals) shall submit a written request for Rental Approval to the Board in such form as shall be reviewed and accepted by the Board. Once Rental Approval has been granted by the Board, the Owner shall have ninety (90) days within which to rent the Unit. In the event the Unit is not rented within the 90-day period, Rental Approval shall automatically be revoked. Renting of a Unit within ninety (90) days of the granting of Rental Approval shall be deemed to occur if the Umt is occupied by a Tenant within the 90-day period, or if a written rental agreement is signed within the 90-day period and the term commences within 30 days of the signing of the rental agreement. 2.5. Waiting List. Request for Rental Approval shall be processed and approved in the order received by the Board. Once the number of rental Units reaches the Rental Limitation, then an Owner who submits a written request for Rental Approval shall go on a Waiting List. Each Owner who has rented his/her Unit shall promptly give written notice to the Neighborhood Association of any rental agreement termination and the intent by the Owner to no longer rent the Unit. The Owner in the next available position on the Waiting List shall be notified and provided a reasonable opportunity to rent his/her Unit in accordance with the terms and conditions of this Article. If that Owner fails to rent his/her Unit within such reasonable period of time as determined by the Board (or otherwise advises the Board of his/her waiver of a right to then seek to rent his/her Unit), then that Owner's name shall be placed at the bottom of the Waiting List, and the opportunity to rent shall then be offered to the next highest person on the Waiting List. 2.6. Approved Rental Unit. A Unit shall be an Approved Rental Unit if and only if the Owner and the Tenant have strictly complied with the terms and conditions of this Section. A Umt shall remain an Approved Rental Unit in the event the Owner extends or renews an existing rental agreement or rents the Unit to a new renter in strict accordance with this Article. However, in the event an Approved Rental Unit (1) is subsequently occupied by an Owner or persons not bound by a written rental agreement m strict accordance with this Article for a period of thirty (30) days or more, or (2) is the subject of a transfer other lllll 111 P8g0705of 9 i III llllilll II I f ( 051 llilfl Ill VIII Illl II 1 1 12006 10 51 R II TAHOMA TERRA, LLC COV $40 00 Thurston Co Wa than an exempt transfer (as defined below), made by the Owner to a new Owner, the Umt shall be deemed to be an Owner Occupied Unit. Upon either occurrence, any previous rental approval shall be deemed revoked, and the Owner shall thereafter be required to reapply to the Board for Rental Approval in accordance with this Article. For the purposes of this Article, exempt transfers are transfers that occur (1) as a result of a gift by the Owner to a Related Party or (2) by a testamentary transfer from an Owner to any person. 2.7. Hardship Exception. The Board shall have the right, in the exercise of reasonable discretion, to permit exceptions to the Rental Limitation m connection with hardship cases. In other words, where the Board determines that a hardship exists due to circumstances beyond the control of the Owner, and that the Owner would suffer serious harm by virtue of the rental limitations, and where the Board further determines that a variance from the rental limitations contained herein would not detrimentally affect the other Owners or the quality of the single-family, owner-occupied neighborhood, then the Board may, in its discretion, grant an Owner a waiver of the Rental Limitation for such a temporary period as to be determined by the Board. In addition, the Board shall have the authority, notwithstanding the Rental Limitation, to consent to the Rental of a Unit, title to which is acquired following a default in a mortgage or Deed of Trust. 2.8. Copies of Rental Agreement Provided to Association. In addition to the requirement that the Association approve the Rental Agreement prior to execution of the Rental Agreement, copies of all Rental Agreements, and any amendments thereto, as executed by the Owner and the Tenant, shall be delivered to the Association before the tenancy commences. 2.9. Delivery of Governing Documents to Tenants. Prior to signing any Rental Agreement, rt shall be the responsibility of the Owner to deliver to the Tenant a copy of all Governing Documents, i.e. this Declaration, the Bylaws, and the Rules and Regulations of the Association. If it is determined that the Owner has failed to provide copies of such documents to the Tenant, the Association may furnish a copy of the documents to the Tenant and charge the Owner an amount to be determined by the Board, which copying charge shall be collectible as a special assessment against the Unit and its Owner. 2.10. Violation of Governing Documents by Tenants. The Association shall have and may exercise the same rights of enforcement and remedies for breach of the Governing Documents against a Tenant, as it has against an Owner, including all such rights and remedies as are otherwise provided in the Governing Documents or by applicable Washington law. In addition, if any Tenant or Occupant of a Unit violates or permits the violation by his guests and invitees of any provisions of the III III III IIII IIII I II IIIIII III VIII IIII IIII 0 89 07006 f 0 51 A III I TAHOMA TERRA, LLC COV $40 00 Thurston Ca Wa Governing Documents, the Board may give notice to the Owner to immediately cease such violations. If the violation is thereafter repeated, the Board shall have the authority, on behalf and at the expense of the Owner, to terminate the tenancy and evict the Tenant (and all occupants) if the Owner fails to do so after Notice from the Board and an opportunity by the Owner to be heard. The Board shall have no liability to an Owner or Tenant for any eviction made in good faith. The Association shall have a lien against title to the Owner's Unit for any costs incurred by it in connection with such eviction, including reasonable attorneys' fees, which may be collected and foreclosed by the Association in the same manner as assessments are collected and foreclosed. 2.11. Rules and Regulations. The Board may adopt Rules and Regulations in furtherance of the admimstrahon of this Article, which Rules and Regulations shall be effective upon publication to the Association and its members. 2.12. Requirements of Rental Agreement. All Rental Agreements shall be in wasting. Any Rental Agreement must provide that its tenants shall be subject in all respects to the provisions of this Declaration and the Bylaws and rules and regulations of the Association and that any failure by the tenant to comply with the terms of such documents shall be a default under the Rental Agreement. 2.13. Rent Paid to Association. If a Unit is rented by its Owner, the Board may collect, and the Tenant shall pay over to the Board, so much of the rent for such Unit as is required to pay any amounts due from the owner or the Tenant to the Association hereunder, plus interest, costs, litigation expenses and attorney's fees if the same are in default over thirty (30) days. The Tenant shall not have the right to question payment to the Board, and such payment will discharge the Tenant's duty of payment to the Owner for rent to the extent such rent is paid to the Association, but will not discharge the liability of the Owner or purchaser of the Unit under this Declaration for Assessments and charges, or operate as approval of the Rental Agreement. The Board shall not exercise this power where a receiver has been appointed with respect to the Unit or its Owner, nor in derogation of any right which a Mortgagee of such Umt may have with respect to such rents. ARTICLE 3. AMENDMENT. 3.1. By Declarant. Until conveyance of the first Umt to a Person other than a Builder, Declarant may unilaterally amend this Supplemental Declaration for any purpose. Thereafter, Declarant may unilaterally amend this Supplemental Declaration if such amendment is necessary (a) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (b) to enable any reputable title insurance company I I III I I I I III I I I I III I III I I II I I I I II III III I I IIII I I II 0 58/9 10 2 00 6 ` 0 51 A TAHOMA TERRA, LLC COV $40 00 Thurston Co Wa to issue title insurance coverage on the Umts; (c) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to make, purchase, insure or guarantee mortgage loans on the Units; or (d) to satisfy the requirements of any local, state or federal governmental agency. However, any such amendment shall not adversely affect the title to any Unit unless the Owner shall consent in wasting. In addition, so long as Declarant owns property described in EXHIBIT A or EXHIBIT B for development as part of the Property, it may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner or unless such Owner shall consent in writing, or provided that the amendment subjects additional property to this Supplemental Declaration. 3.2. By Members. Except as otherwise specifically provided above and elsewhere in this Supplemental Declaration, this Supplemental Declaration maybe amended only by the affirmative vote or written consent, or any combination thereof, of Members representing 67% of the total Class A votes in the Association, including 67% of the Class A votes held by Members other than Declarant, and Declarant's consent, so long Declarant owns any property subject to this Supplemental Declaration or which may become subject to this Supplemental Declaration on Exhibit B. 3.3. Validity and Effective Date. No amendment may remove, revoke, or modify any right or privilege of Declarant or the Class B Member without Declarant's written consent or the Class B Member, respectively (or the assignee of such right or privilege). If an Owner consents to any amendment to this Supplemental Declaration, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. Any amendment shall become effective upon recording, unless a later effective date is specified in the amendment. Any procedural challenge to an amendment must be made within six months of its Recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration. 3830705 III p5/91e /2006 f 0 51A III I III II III II III VIII VIII VIII VIII IIIIII III III TAHOMA TERRA, LLC COV $40 00 Thurston Co Wa EXHIBIT A LAND INITIALLY SUBMITTED Lots 1 through 89 inclusive and Tracts A through K of the Plat of Tahoma Te~~ra Division 1, as recorded under Auditor's File Number ;j~~C~ 7 (~`7 ,Records of Thurston County, Washington. Being a portion of the Northeast Quarter and the Southeast Quarter of the Southwest Quarter of Section 24, Township l 7 North, Range 1 East, W.M. Thurston County, Washington. EXCEPT all those portions of Lon~mire Street SE, Terra Glenn Street SE, 00`h Avenue SE, 99`h Way SE, 99" Avenue SE, and Terra View Street SE dedicated to the City of Yelm for public road purposes as shown on said plat. TOGETHER with and subject to easements, covenants, conditions, and restrictions of record. 7nhunur 7i~rru CCRs (Rc~rr~Ic~nttal) F. ~hrbrt :1 r31676a I 1101-23I 6,fl1U-}' dui 5'6 06 ~II~~~ ~I~ P 8g 07 8~of 9 ~~~~~~ ~~~~~ ~~~~~ ~~~ ~~~~~~ ~~~ ~~~~~ O5I ~~~~ ~~~ 11 /200 I 6 10 51R TAHOMA TERRA, LLC COV $40 00 Thurston Co Wa EXHIBIT B LAND SUBJECT TO ANNEXATION Tracts 1 through 21 of the Plat of Tahoma Terra Division 1, as recorded under Auditor's File Number ~`~~C~~Q7 ,Records of Thurston County, Washington. Being portions of the East Half of the Southeast Quarter of Section 23 and the Southwest Quarter of Section 24 all in Township 17 North, Range 1 East, W.M. Thurston County, Washington TOGETHER with and subject to easements, covenants, conditions, and restrictions of record. Tirhunrcr Ic~rr« CCR~ (Rc~~rc/c~rrlrcr/) E~luhrt R rt31676~1 I I IIII-'?81 6,iDO~l' d~ic 5 6~Of~ ~~~~~~ ~~~~~ ~~~~~~~ ~~ P89 079~of 9 ~~~ ~~~ ~~~~ ~~~~~~ ~~ 05! 1 112006 10 51 ~~~~~ ~~~~ ~~~~ R TAHOMA TERRA, LLC COV $40 00 Thurston Co Wa YELM CHAMBER OF COMMERCE YELM POST OFFICE TAHOtNA TERRA LLC PO BOX 444 POSTMASTER SCA YELM WA 98597 4200 6TH AVENUE SE, SUITE 301 LACEY,'JWA 9$503 APPLICANT'S ARCHITECT APPLICANT'S ENGINEER OWNER SHELLY BADGER CITY OF YELM PO BOX 479 YELM WA 97597 ERLING BIRKLAND YELM COMMUNITY SCHOOLS PO BOX 476 YELM WA 98597 JIM GIBBON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 STEPHANIE RAY CITY OF YELM PUBLIC WORKS GLEN THARP THURSTON COUNTY COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 BARB RANGE CITY OF YELM ACCOUNTING DEPARTMENT PO BOX 479 YELM WA 98597 GARY CARLSON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 98597 CHIEF RITA HUTCHESON THURSTON CO FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 SARAH SCHAMME LEMAY, INC (or Dick Rehn) 13502 PACIFIC AVENUE TACOMA WA 984440459 AMY TOUSLEY PUGET SOUND ENERGY 2711 PACIFIC AVENUE SE OLYMPIA WA 98501 KEN BECKMAN YCOM NETWORKS PO BOX 593 YELM WA 98597 CODY EVANS c/o UPS 7383 NEW MARKET STREET SE TUMWATER WA 98501 CHIEF MARK KING THURSTON CO FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 TODD STANCIL CITY OF YELM POLICE DEPARTMENT Tuesday, May 16, 2006 Final Plat Recorded Distribution of Final Plat Recorded Documents: Name Full Size 11 x 17 O=Original C=Co Shell X Police Chief X Barb Bane X Buildin Official X Cit En ineer X Fire District X Fire District X Public Works Proj mgr X X Copies of all O-Bill of Sale O-Warrant YCOM X PSE X Thurston Co. Com X Yelm Comm. Schools X Lemay X Viacom X Postmaster X Yelm Chamber X Applicant X X Copies of all documents A plicants En ineer X Project File X X All Originals (BOS&War to PW) Plat File X X Copies of all Copies to be made: 11x17 - 21 CCR's - 3 Bill of Sale - 3 Stormwater - 3 Warranty - 3 Subdivision Guarantee - 3