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Koll North Creek Recorded CC&Rsa, s ? •b r 1 1 .J ? ehV\ V ks? l 0/3d cc • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KOLL CENTER NORTH CREEK Ka-L4 L'?-- tan ba) a ,too-? C 1 1 ) , 1 1 I DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR - KOLL CENTER NORTH CREEK Table of Contents Article RECITALS ..................................... I. DEFINITIONS.................................. 1.1 Architect 1.2 Beneficiary 1.3 Declarant 1.4 Declaration 1.5 Deed of Trust 1.6 Design Guidelines 1.7 Koll Center North Creek 1.8 Improvement - Improvements 1.9 Lot (1.10 Maintenance Association District 1.11 Mortgage 1.12 Mortgagee 1.13 Occupant 1.14 Owner 1.15 Record - Recorded - Recordation 1.16 Sign 1.17 Street or Streets 1.18 Subject Property 1.19 Visible from Neighboring Property II. SUBJECT PROPERTY ............................. 2.1 General Declaration 2.2 Addition of Other Realty 2.3 Notice of Addition of Land III.. ..CONSTRUCTION OF IMPROVEMENTS ................. 3.1 Approval of Plans Required 3.2 Basis for Approval 3.3 Review Fee 3.4 Result of Inaction 3.5 Approval 3.6 Proceeding With Work 3.7 Completion of Work 3.8 Declarant Not Liable 3.9 Construction Without Approval Page 1 2 5 7 (i) ' r Table of Contents (Continued) Article Page IV. DEVELOPMENT STANDARDS ........................ 13 4.1 Minimum Setback 4.2 North Creek Setbacks 4.3 Exceptions to Setback Requirements 4.4 Landscaping 4.5 Signs 4.6 Fences 4.7 Parking Areas 4.8 Storage and Loading Areas V. REGULATION OF OPERATIONS AND USES............ 19 5.1 Permitted Uses 5.2 Prohibited Uses 5.3 Nuisances 5.4 North Creek 5.5 Condition of Property 5.6 Maintenance of Grounds 5.7 Remedies for Failure to Maintain and Repair (a) Remedies (b) Foreclosure of Lien (c) Cure (d) Nonexclusive Remedy 5.8 Taxes and Assessments 5.9. Refuse Collection Areas 5.10 Repair of Buildings 5.11 Public Utilities 5.12 Utility Lines and Antennas 5.13 Mechanical Equipment 5.14 Mineral Exploration 5.15 Other Operations and Uses VI. MODIFICATION AND REPEAL ...................... 32 6.1 Procedure •6.2 Modification by Declarant 6.3 Governmental Regulation VII. ENFORCEMENT ................................... 35 7.1 Abatement and Suit 7.2 Right of Entry 7.3 Deemed to Constitute a Nuisance 7.4 Attorney's Fees 7.5 Failure to Enforce is No Waiver (ii) Table of Contents (Continued) Article VIII. IX. X. Xi. XII. XIII. XIV. Page ASSIGNMENT ................................... 37 CONSTRUCTIVE NOTICE AND ACCEPTANCE........... 38 WAIVER ....................................... 38 RUNS WITH LAND ............................... 39 RIGHTS OF MORTGAGEES ......................... 39 CAPTIONS ..................................... 40 EFFECT OF INVALIDATION ....................... 40 1 (iii) C? DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KOLL CENTER NORTH CREEK This Declaration, made this day of 1985, by NORTH CREEK ASSOCIATES, a California general partner- ship, is made with reference to the following facts: PRO TTAT.S A. North Creek Associates is the owner of that certain real property in the City of Bothell, County of King, State of Washington described in Exhibit A attached hereto and by this reference incorporated herein, and known as KOLL CENTER NORTH CREEK. B. Koll Center North Creek is being developed as a, planned business-industrial park. It is North Creek Associates' desire and intention to subject the real property in said business park to certain covenants, conditions and restrictions for the benefit of the property, North Creek Associates, and the purchasers of lots in Koll Center North Creek. It is intended that said covenants, conditions and restrictions bind and benefit not only said purchasers and North Creek Associates, but also their respective successors, heirs and assigns and that all lots in Koll Center North Creek should be held, used, leased, sold and conveyed subject to the covenants, conditions and restrictions set forth in this Declaration. 6/12/85 -1- C. It is the intention of North Creek Associates to further a plan of subdivision by means of the covenants, condi- tions and restrictions set forth in this Declaration. Said covenants, conditions and restrictions are intended to be common to all of the lots in Koll Center North Creek and to enhance and protect.the value; desirability and attractive- ness of all such lots to their mutual benefit. ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the terms defined in this Article I shall, as used in this Declara- tion, have the meanings herein set forth: 1.1 Architect. The term "architect" shall mean a person holding a certificate of registration to practice architecture in the State of Washington under the authority of Title 18, Chapter 18 of the Revised Code of Washington. 1.2 Beneficiary. The term "beneficiary" shall mean a mortgagee under a mortgage as well as a beneficiary under a deed of trust. 1.3 Declarant. The term "Declarant" shall mean North Creek Associates and., to the.extent.provided in Article VIII of this Declaration, its successors and assigns. 1.4 Declaration. The term "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions for Koll Center North Creek, as it may from time to time be amended or supplemented. 6/12/85 -2- • 1.5 Deed of Trust. The term "deed of trust" shall mean a mortgage as well as a deed of trust. 1.6 Design Guidelines. The term "Design Guidelines" shall mean the Design Guidelines prepared for Koll Center North Creek, as the document may be amended from time to time. 1.7 Koll Center North Creek. The term "Koll Center North Creek" shall be synonymous'with the term "subject property" and shall mean all of the real property now or hereafter made subject to this Declaration. 1.8 Improvement - Improvements. The term "improvement" or "improvements" shall include buildings, outbuildings, roads, driveways, parking areas, fences, screening walls and barriers, retaining walls, stairs, decks, water lines, sewers, electrical and gas distribution facilities, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, loading areas and all other structures, installations and landscaping of every type and kind, whether above or below the land surface. 1.9 Lot. The term "lot" shall mean a fractional part of the subject property as subdivided and shown on plats or subdivision maps recorded from time to time in the Office of Records and Elections of the County of King, State of Washington. 1.10 Maintenance Association District. The term "Maintenance Association District" shall mean the organization formed by North Creek Associates to maintain and repair those portions of Koll Center North Creek designated as Tracts A, B, C, and D on the final plat recorded herewith. The Owners shall 6/12/85 -3- • be assessed a proportional cost of such maintenance and repair work. 1.11 Mortgage. The term "mortgage" shall mean a deed of trust as well as a mortgage. 1.12 Mortgagee. The term "mortgagee" shall mean a benefi- ciary under, or holder of, a deed.of trust as well as a mort- gagee under a mortgage. 1.13 Occupant. The term "Occupant" shall mean a lessee or licensee.of an Owner, or any other person or entity other than an Owner in lawful possession of a lot with the permission of the Owner. 1.14 Owner. The term "Owner" shall mean and refer to any person or entity which is the record Owner of fee simple title to any lot, excluding any entity or person who holds such interest as security for the payment of an obligation, but including contract sellers and any mortgagee or other security holder in actual possession of a lot. 1.15 Record - Recorded - Recordation. The terms "record", "recorded", or "recordation", shall mean, with respect to any document, the recordation of said document in the Office of Records and Elections of the County of King, State of Wash- ington. 1.16 Sign. The term "sign" shall mean any structure, device or contrivance, electric or non-electric, upon or within which any poster, bill, bulletin, printing, lettering, paint- ing, device or other advertising of any kind whatsoever is 1 6/12/85 -4- • used, placed, posted, tacked, nailed, pasted, or otherwise fastened or affixed. 1.17 Street or Streets. The term "street" or "streets" shall mean any street, highway, road, or thoroughfare within or adjacent to the subject property and shown on any recorded plat or subdivision map, or record or survey, whether designated thereon as street, boulevard, place, drive, road, court, ter- race, way, lane, circle or otherwise. 1.18 Subject Property. The term "subject property" shall be synonymous with the term "Koll Center North Creek" and shall mean all of the real property now or hereafter made subject to this Declaration. 1.19 Visible From Neighboring Property. The term "visible from neighboring property" shall mean, with respect to any given object on a lot, that such object is or would be visible to a person six (6) feet tall, standing on any part of any adjacent lot or other property at an elevation no greater than the elevation of the base of the object being viewed. ARTICLE II SUBJECT PROPERTY 2.1 'General Declaration. Declarant hereby declares that all of that real property located in the City of Bothell, County of King, State of Washington, and more particularly described in Exhibit A is, and shall be, conveyed, hypoth- ecated, encumbered, leased, occupied, built upon or otherwise used, improved or transferred in whole or in part, subject to this Declaration. All of the covenants, conditions and k 6/12/85 -5- restrictions set forth herein are declared and agreed to be in furtherance of a general plan for the subdivision, improvement and sale of said real property and are established for the pur- pose of enhancing and protecting the value, desirability and attractiveness of the subject property and every part thereof. All of said covenants., conditions.and.restrictions shall run with all of the subject property for all purposes and shall be binding upon and inure to the benefit of Declarant and all Own- ers, Occupants, and their successors in interest as set forth in this Declaration. 2.2 Addition of Other Realty. Declarant may at any time during the pendency of this Declaration add all or a portion of any real property now or hereinafter owned by Declarant to the subject property, and upon recording of a notice of addition of real property containing at least the provisions set forth in Section 2.3,.the provisions of this Declaration specified in said notice shall apply to such added real property in the same manner as if it were originally covered by this Declaration. Thereafter, to the extent that this Declaration is made appli- cable thereto, the rights, powers and responsibilities of Declarant and the Owners and Occupants of lots within such added real pr.operty.shall?be.the same as.in the case of the real property described in Exhibit A. 2.3 Notice of Addition of Land: The notice of addition of real property referred to in Section 2.2 shall contain at least the following provisions: 6/12/85 -6- • • (a) A reference to this Declaration stating the date of recording and the book or books of the records of King County, Washington, and the page numbers where this Declaration is recorded; (b) A statement that the provisions of this Declara- tion, or some specified part thereof, shall apply to such added real property; (c) A legal description of such added real property; and (d) Such other or different covenants, conditions and restrictions as Declarant shall, in its discretion, specify to regulate and control the use, occupancy and improvements of such added real property. ARTICLE III CONSTRUCTION OF IMPROVEMENTS 3.1 Approval of Plans Required. No improvements shall be erected, placed, altered, maintained or permitted to remain on any lot by any Owner or Occupant until the plans and specifications as required by the Design Guidelines, including final plans and specifications, shall have been submitted to and approved in writing by Declarant. Four copies of all required plans and specifications shall be submitted over the authorized signature of the Owner or Occupant or both of the lot or the authorized agent thereof. Such plans and specifications shall be in such form and shall contain such information as may be required by the Declarant and by the Design Guidelines, but shall in any event include the following: 6/12/85 -7- (a) A site development plan of the lot showing the nature, grading scheme, kind, shape, composition, and location of all structures with respect to the particular lot (including proposed front, rear and side setback lines), and with respect to structures on adjoining lots, and the number and location of all parking spaces and driveways on the lot; (b) A landscaping plan for the particular lot; (c) A plan for the location of signs and lighting; and (d) A building elevation plan showing dimensions, materials and exterior color scheme in no less detail than required by the appropriate governmental authority for the issuance of a building permit. Material changes in approved plans must be similarly submitted to and approved by Declarant. 3.2 Basis for Approval. Approval shall be based, among other things, upon compliance with the Design Guidelines, including adequacy of site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring structures, effect of location and use of proposed improvements upon neighboring lots, proper facing of main elevation with respect to nearby streets, adequacy of screening of mechanical, air conditioning or other roof top installations, and conformity of the plans and specifications to the purpose and general plan and intent of this Declaration. No plans will be approved which do not provide for the underground installation of power, electrical, telephone and other utility lines from the property line to the buildings. 6/12/85 -8- Plans which provide for metal-clad buildings will be approved only on the conditions that such buildings are con- structed so as not to have the appearance of a pre-engineered metal building, are designed by an architect, and are specifi- cally approved in writing by Declarant. Declarant shall not arbitrarily or unreasonably withhold its approval of any plans and specifications. Except as otherwise provided in this Declaration, Declarant shall have the right to disapprove any plans and specifications submitted hereunder on any reasonable grounds including, but not limited to, the following: (a) Failure to comply with any of the restrictions set forth in this Declaration; (b) Failure to comply with the Design Guidelines; (c) Failure to include information in such plans and specifications as may have been reasonably requested by Declarant; (d) Objection to the exterior design, the appearance of materials or materials employed in any proposed structure; (e) Objection on the ground of incompatibility of any proposed structure or use with existing structures or uses upon other lots; or other property in the vicinity of the subject property; (f) Objection to the location of any proposed struc- ture with reference to other lots, or other property in the vicinity; (g) Objection to the grading or landscaping plan for any lot; 6/12/85 -9- (h) Objection to the color scheme, finish, propor- tions, style or architecture, height, bulk or appropriateness of any structure; (i) Objection to the number or size of parking spaces,. or to the design of the parking area; or (j) Any.other matter which, in -the judgment of the Declarant, would render the proposed improvements or use inhar- monious with the general plan for improvement of the subject property or with improvements located upon other lots or other property in the vicinity. 3.3 Review Fee. An architectural review fee shall be paid to Declarant at such time as plans and specifications are submitted to it based upon the following schedule which may be adjusted by Declarant from time to time: (a) When the plans submitted are prepared by an architect, the architectural review fee shall be the sum of One Hundred and no/100ths Dollars ($100.00); (b) In all other cases, the architectural review fee shall be the sum of Two Hundred Fifty and no/100ths Dollars ($250.00). 3.4 Result of Inaction. If Declarant fails either to approve or disapprove p.fans.and:specifications.submitted to it for approval within forty-five (45) days after the same have been submitted, it shall be conclusively presumed that Declarant has disapproved said plans and specifications; pro- vided, however, that if within the forty-five (45) day period Declarant gives written notice of the fact that more time is . 6/12/85 -10- ' r required for the review of such plans and specifications, there shall be no presumption that the same are disapproved until the expiration of such reasonable period of time as is set forth in the notice. 3.5 Approval. Declarant may 'approve plans and specifica- tions as submitted, or as altered or amended, or it may grant its approval to the same subject to specific conditions. Upon approval or conditional approval by Declarant of any plans and specifications submitted, a copy of such plans and specifica- tions, together with any conditions, shall be deposited for permanent record with Declarant, and a copy of such plans and specifications, bearing such approval together with any condi- tions, shall be returned to the applicant submitting the same. 3.6 Proceeding with Work. Upon receipt of approval from Declarant pursuant to Section 3.5, the Owner, or Occupant, or both, to whom the same is given, shall, as soon as practicable, satisfy any and all conditions of such approval and shall diligently proceed with the commencement and completion of all approved excavation, construction, refinishing, and altera- tions. In all cases, work shall commence within one (1) year from the date of approval, and if work is not so commenced approval shall be deemed revoked unless Declarant, pursant to written request made and received prior to the expiration of said one (1) year period, extends the period of time within which work must be commenced. 3.7 Completion of Work. Any improvement commenced pur- suant hereto shall be completed within two (2) years from the 6/12/85 -11- date of Declarant's approval of the plans and specifications therefor, except for so long as such completion is rendered impossible, or unless work upon the proposed improvements would impose a great hardship upon the Owner or Occupant, to whom Declarant's approval is given, due to strike, fire, national emergency, natural disaster or other supervening force beyond the control of Owner or Occupant. Declarant may, request made and received prior to the expiration (2) year period, extend the period of time within must be completed. Failure to comply with this S shall constitute a breach of this Declaration and party in breach to the enforcement procedures set Article VII. upon written of the two which work ection 3.7 subject the forth in 3.8 Declarant Not Liable. Declarant shall not be liable for any damage, loss or prejudice suffered or claimed by any person on account of: (a) The approval or disapproval of any plans, draw- ings and specifications, whether or not in any way defective; (b) The construction of any improvement, or perfor- mance of any work, whether or not pursuant to approved plans, drawings and specifications; or (c) The development of any lot within Koll Center North Creek. 3.9 Construction Without Approval. If any improvement shall be erected, placed or maintained upon any lot, or any new use commenced upon any lot, other than in accordance with the approval by the Declarant pursuant to the provisions of this 6/12/85 -12- Article III, such alteration, erection, placement, maintenance or use shall be deemed to have been undertaken in violation of this Declaration, and upon written notice from Declarant, any such improvement so altered, erected, placed, maintained or used upon any lot in violation of this Declaration shall be removed or altered so as to conform to this Declaration, and any such use shall cease or be amended so as to conform to this Declaration. Should such removal or alteration, or cessation or amendment not be accomplished within thirty (30) days after receipt of such notice, then the party in breach of this Declaration shall be subject to the enforcement procedures set forth in Article VII. ARTICLE IV DEVELOPMENT STANDARDS 4.1 Minimum Setback. No improvements of any kind, and no part thereof, shall be placed closer than permitted by Declarant to an interior property line, except as otherwise provided in Section 4.3. "Interior property line" shall mean the boundary between any lot within the subject property and all other lots bordering upon said lot. No improvements of any kind, and no part thereof, shall be placed closer than twenty-five (25) feet from a property line fronting the follow- ing streets: (1) N.E. 195th Street, (2) North Creek Parkway, and (3) 120th Avenue N.E. "Property line" shall mean the boundary of every lot. 4.2 North Creek Setbacks. No improvement of any kind shall be constructed or placed within the riparian vegetation 6/12/85 -13- • easement, as shown on the final plat recorded herewith, except for landscaping. No improvement of any kind, except for landscaping, shall be constructed or placed in the drainage easement or the setback for fill or large loads, as shown on the final plat recorded herewith, unless such improvements have been approved in writing by Dec.larant and, in the case of improvements in the setback for fill or large loads, by a licensed soils engineer satisfactory to Declarant. This restriction, however, shall not apply to the provision of a public way along North Creek or access thereto. 4.3 Exceptions to Setback Requirements. The following improvements, or parts of improvements, are specifically excluded from the setback requirements set forth in Section 4.1: (a) Roof overhang, subject to approval in writing from Declarant, provided said overhang does not extend more than eighteen (18) inches into the setback area; (b) Steps and walkways; (c) Fences, subject to the requirements set forth in Section 4.6; (d) Landscaping and irrigation systems; (e) Planters, not to exceed three (3) feet in height, except that planters of greater height may be built within the setback area with the prior written approval of Declarant; (f) Industrial park identification signs, directional and parking signs and signs identifying the Owner or Occupant of a lot, subject to the prior written approval of Declarant; k 6/12/85 -14- (g) Lighting facilities, subject to the prior written approval of Declarant; and -(h) Underground utility facilities and sewers. 4.4 Landscaping. Within ninety (90) days following com- pletion of construction, or by the-date each improvement is occupied, whichever shall occur first, each lot shall.be land- scaped in accordance with the plans and specifications. The area of each lot between any street and any minimum setback line as set forth in Section 4.1 shall be landscaped with an attractive combination of trees, shrubs and other ground cover. All portions of a lot not fronting a street and not used for parking, storage or buildings shall be landscaped in a complementary and similar manner. The first twenty-five (25) feet of the area behind the curb line along N.E. 195th Street, 120th Avenue N.E., and North. Creek Parkway, shall be landscaped by Declarant and maintained by the Maintenance Association District. The Owner or Occupant of the lot whose property line fronts the street shall landscape and maintain that portion of the lot between the Maintenance Association District landscaping and the back of the setback area provided for in Section 4.1. An underground landscape irrigation system shall be provided and maintained by the Owner or Occupant for all landscaped areas except the first twenty-five (25) feet in back of the curb line along. N.E. 195th Street, 120th Avenue N.E., and North Creek Parkway. The perimeter of parking areas shall be landscaped with solid screen evergreen plant material so as to screen said 6/12/85 -15- areas from view from adjacent streets and freeways. Such screening shall extend at least forty-eight (48) inches above the high point of the finished pavement in said parking area. Landscaped earth berms at least three feet high may substitute for the solid screen planting. In the case of parking areas that abut the riparian vegetation easement shown on the final plat recorded herewith, any side of the parking area that faces North Creek shall be screened by landscaped earth berm at least four feet in height above the high point of the finished pavement in said parking area, unless the side of the parking area abuts one of the levees along North Creek. If an outdoor parking lot contains fifteen or more parking stalls, not less than 6% of the interior of such parking lot shall be landscaped. The use of landscaped earth berms to accomplish such landscaping is encouraged. Strips between parking bays.shall also be landscaped with appropriate ground cover and deciduous trees. After completion, such landscaping as is herein required shall be maintained in a sightly and well-kept condition. If, in Declarant's reasonable opinion, the required landscaping is not maintained in a sightly and well-kept condition, Declarant shall be entitled to the remedies set forth in Article VII. 4.5 Signs. No sign shall be permitted on any lot unless approved by Declarant in writing. No sign shall be approved other than business park identification signs, informational and vehicular control signs, signs identifying the building or the business of the Owner or Occupant of a lot, and signs 6/12/85 -16- • • offering the lot for sale or lease, and temporary development signs. 4.6 Fences. No fences or walls shall be permitted on any lot unless such fence or wall is necessary for security or screening purposes. The Declarant reserves the right to approve the location and design of all fences, and no fence shall be constructed without a letter of approval from the Declarant. 4.7 Parking Areas. Off-street parking adequate to accom- modate the parking needs of the Owner or Occupant, the employ- ees and visitors thereof shall be provided by the Owner or Occupant of each lot. The intent of this provision is to eliminate the need for any on-street parking; provided, how- ever, that nothing herein shall be deemed to prohibit on-street parking of public transportation vehicles. If parking require- ments increase as a result of a change in the use of a lot or in the number of persons employed by the Owner or Occupant, additional off-street parking shall be provided so as to satisfy the intent of this section. All parking areas shall conform to the following standards: (a) Required off-street parking shall be provided on the lot, on a contiguous lot, or within such distance from the lot as Declarant deems reasonable. Where parking is provided other than upon the lot concerned, Declarant shall be given a certified copy of a recorded instrument, duly executed and acknowledged by the person or persons holding title to the lot or other property upon which the parking area is located, 6/12/85 -17- • • stipulating to the permanent reservation of the use of the lot or other property for such parking area. (b) Parking areas shall be paved so as to provide dust-free, all-weather surfaces. Each parking space provided shall be designated by lines painted upon the paved surface and shall be adequate in area. All parking areas shall provide, in addition to parking spaces, adequate driveways and space for the movement of vehicles. 4.8 Storage and Loading Areas. Storage, maintenance and loading areas must be constructed, maintained and used in accordance with the following conditions: (a) Outside storage of materials, supplies, or equip- ment, including trucks or other motor vehicles, shall be per- mitted only if: (i) The material, equipment or objects stored outside are incidental to the activities regularly conducted on the premises; (ii) The area devoted to outside storage does not exceed five percent (5%) of the gross floor area of the principal structure on the site; (iii) The area is screened on sides and top and harmonizes with the architecture, design, and appearance of neighboring structures and other surroundings; and. (iv) The area is located upon the rear portions of a lot, unless otherwise approved in writing by Declarant. (b) Provision shall be made on each site for any nec- essary vehicle loading and no on-street vehicle loading shall be permitted. 6/12/85 -18- • • (c) Loading dock areas shall be set back, recessed or screened so as not to be visible from neighboring property or streets and in no event shall a loading dock be closer than seventy-five (75) feet from a property line fronting upon a street unless.otherwise approved in writing by Declarant. ARTICLE V REGULATION OF OPERATIONS AND USES 5.1 Permitted Uses. Except as otherwise specifically prohibited herein, any industrial operation and use will be permitted upon a lot, provided that Declarant specifically con- sents'to such use in writing. Such approved use shall be per- formed or carried out entirely within a building that is so designed and constructed that the enclosed operations and uses do not cause or produce a nuisance to other lots or property, such as, but not limited to, vibration, sound, electromechan- ical disturbances, electro-magnetic disturbances, radiation, air or water pollution, dust, or emission of odorous, toxic or nontoxic matter (including steam). Certain activities which cannot be carried on within a building may be permitted, pro- vided Declarant specifically consents to such activity in writ- ing and further provided such activity is screened so as not to be visible from neighboring property and streets. All lighting is to be shielded so as not to be visible from neighboring property. 5.2 Prohibited Uses. The following operations and uses shall not be permitted on any property subject to this Declara- tion: 6/12/85 -19- Y'• • • (a) Residential use of any type; (b) Trailer courts or recreation vehicle campgrounds; (c) Junk yards, wrecking yards or recycling facil- ities; e (d) Mining, drilling for or removing oil, gas or other hydrocarbon substances; (e) Refining of petroleum or of its products; (f) Petroleum storage yards; (g) Commercial excavation of building or construction materials; provided, that this prohibition shall not be con- strued to prohibit any excavation necessary in the course of approved construction pursuant to Article III; (h) Distillation of bones; (i) Dumping, disposal, incineration or reduction or garbage, sewage, offal, dead animals or other refuse; (j). Fat rendering; (k) Stockyard or slaughter or animals; (1) Smelting of iron, tin, zinc or any other ore or ores; (m) Cemeteries; (n) Jail or honor farms; (o) Labor or migrant worker camps; (p) Truck terminals (incidental truck usage is specifically permitted); (q) Automobile, go-cart, motorcycle or quartermidget race tracks and other vehicle endurance or race tracks; (r) New or used car sales lots; or . 6/12/85 -20- • 1• (s) Commercial parking lots and structures. 5.3 Nuisances. No nuisance shall be permitted to exist or operate upon any lot so as to be offensive or detrimental to any adjacent lot, or property or to its occupants. A "nuisance" shall include, but not be limited to, any of the following conditions: (a) Any use, excluding reasonable construction activity, of the lot which emits dust, sweepings, dirt or cinders into the atmosphere, or discharges liquid, solid wastes or other matter into any stream, river, or other waterway which, in the opinion of Declarant, may adversely affect the health, safety, comfort of, or intended use of their property by persons within the area. No waste nor any substance or materials of any kind shall be discharged into any public sewer serving the subject property or any part thereof in violation of any regulation of any public body having jurisdiction over such public sewer; (b) The escape or discharge of any fumes, odors, gases, vapors, steam, acids or other substance into the atmo- sphere which discharge, in the opinion of Declarant, may be detrimental to the health, safety or welfare of any person or may interfere with the comfort of persons within the area or which may be harmful to property or vegetation; (c) The radiation or discharge of intense glare or. < heat, or atomic, electromagnetic, microwave, ultrasonic, laser or other radiation. Any operation producing intense glare or heat or such other radiation shall be performed only within an enclosed or screened area and then only in such manner that the 6/12/85 -21- u glare, heat or radiation emitted will not be discernible from any point exterior to the site or lot upon which the operation is conducted; (d) Excessive noise. At no point outside of any lot plane shall the.sound pressure level of any machine, device, or any combination of same, from any individual plant or opera- tion, exceed the decibel levels in the designated preferred octave bands as follows: Octave Band Center Frequency (Hz) Maximum Sound Pressure Levels (db) at Boundary Plane of Lot 31.5 63 125 250 500 1000 2000 4000 8000 78 72 65 59 55 52 50 48 47 A-scale levels for monitoring purposes are equivalent to 60 dB(A). The maximum permissible noise levels for the octave bands shown above are equal to an NC-50 Noise Criterion curve when plotted on the preferred frequency scale. Reasonable noise from motor vehicles and other trans- portation facilities are exempted, so long as the vehicles or other transportation facilities are not continuously on the subject property. The operation of signalling devices and other equip- ment having impulsive or non-continuous sound characteristics shall have the following corrections applied: 6/12/85 -22- 1J Corrections • Pure Tone Content - 5dB Impulsive Character - 5dB Duration for Non- Continuous Sounds in Daytime Only, 1 min/hr + 5dB 10 sec/10 min +10dB 2 sec/10 min +15dB The reference for the dB values listed above is the pressure of 0.0002 microbar or 0.0002 dyne/cm2. (e) Excessive emissions of smoke, steam, or par- ticulate matter. Visible emissions of smoke or steam will not be permitted (outside any building) which exceed Ringlemann No. 1•on the Ringlemann Chart of the United States Bureau of Mines. This requirement shall also be applied to the disposal of trash and waste materials. Wind-borne dust, sprays and mists originating in plants are not permitted. (f) Ground vibration. Buildings and other structures shall be.constructed, and machinery and equipment installed, and insulated on each lot so that the ground vibration inher- ently and recurrently generated is not perceptible without instruments at any point exterior to any lot. 5.4 North Creek. The Owner or Occupant of any lot shall at all times conduct its use and activities in a manner that will preserve the integrity of North Creek and the surrounding open space including the prevention of any degradation of water quality, any reduction or increase in the flow of North Creek, any damage to the streambed or banks of North Creek, or any impairment of the view from North Creek and the associated greenbelt. The Owner or Occupant of any lot shall not conduct 7/24/85 -23- • • or permit the conduct of the following activities: (a) The discharge of any liquid, solid, or gas into North Creek; (b) The use of any fertilizers or herbicides in a manner that will result in such fertilizers or herbicides or the residue thereof entering North.Creek; or (c) Any refuse encouraging activities. (d) Any fill or development activity that could cause settlement of a levee adjacent to the open space areas in Koll Center North Creek. 5.5 Condition of Property. The Owner or Occupant of any lot shall at all times keep it and the buildings, improvements and appurtenances thereon in a safe, clean and wholesome condi- tion and comply, at its own expense, in all respects with all applicable governmental, health, fire and safety ordinances, regulations,.requirements and directives and the Owner or Occupant shall at regular and frequent intervals remove at its own expense any rubbish of any character whatsoever that may accumulate upon such lot. 5.6 Maintenance of Grounds. (a) Each Owner shall be assessed a charge (the "Main- tenance Assessment") for the maintenance of the open space areas, landscape buffers, landscaped median strips in North Creek Parkway and N.E. 195th Street, and other common areas located on the subject property. Such charge shall be paid to the Maintenance Association District, and shall equal an amount that represents that proportion of the total cost of such 7/24/85 -24- • • maintenance as the area of the lot owned by the Owner is proportionate to the total area of all lots on the subject property. The Maintenance Assessment shall be assessed on a periodic basis as determined by Declarant. (b) Each Owner shall be responsible for the main- tenance and repair of all parking areas, driveways, walkways, and landscaping on his lot. Such maintenance and repair shall include, without limitation, (1) Maintenance of all parking areas, driveways and walkways in a clean and safe condition, including the pav- ing and repairing or resurfacing of such areas when necessary with the type of material originally installed thereon, or such substitute therefor as shall, in all respects, be equal thereto in quality, appearance and durability; the removal of debris and waste material, and the washing and sweeping of paved areas; painting and repainting of striping markers and direc- tional signals as required; (2) Cleaning, maintenance and relamping of any external lighting fixtures except such fixtures as may be the property of any public utility or government body; and (3) Performance of all necessary maintenance of all landscaping including the trimming, watering and fertiliza- tion of all grass, groundcover, shrubs or trees, removal of dead or waste materials, replacement of any dead or diseased grass, groundcover, shrubs or trees. (c) Nothing contained herein shall preclude an Owner from recovering from any person liable therefor, damages to 1 7/24/85 -25- r • which such Owner might be entitled for any act or omission to act requiring an expenditure by the Owner for the maintenance and repair of the parking area, driveway, walkway, and/or land- scapinq on his lot. 5.7 Remedies for Failure to Maintain and Repair. (a) Remedies. If any Owner shall fail to pay the Maintenance Assessment or to perform the maintenance and repair required by Section 5.6, then Declarant, after fifteen days' prior written notice to such delinquent Owner, shall have the right, but not the obligation, to pay the Maintenance Assessment or to perform such maintenance and repair and to charge the delinquent Owner with costs of such assessment or such work, together with interest thereon at the rate of twelve percent (12%) per annum from the date of Declarant's advancement of funds for such payment or such work to the date of reimbursement of Declarant by Owner. If the delinquent Owner shall fail to reimburse Declarant for such costs within ten days after demand therefor, Declarant may, at any time within two years after such advance, file for record in the Office of Records and Elections of King County., Washington a claim of lien signed by Declarant for the amount of such charge together with interest thereon. The lien created by this Section 5.7 shall be effective to establish a lien against the interest of the delinquent Owner in his lot together with interest at twelve percent (12%) per annum on the amount of such advance from the date thereof, in addition to recording fees, cost of title search obtained in connection with such 6/12/85 -26- • 1 lien or the foreclosure thereof and court costs and reasonable attorney's fees which may be-incurred in the enforcement of such a lien. (b) Foreclosure of Lien. Subject to the provisions of Article XII, such a lien, when so established against the lot described in said claim, shall be prior or superior to any right, title, interest, lien or claim which may be or may have been.acquired in or attached to the real property interests subject to the lien subsequent to the time of filing such claim for record. Such lien shall be for the benefit of Declarant and may be enforced and foreclosed in a like manner as a real estate mortgage is foreclosed in the state of Washington, but without redemption. (c) Cure. If a default for which a notice of claim of lien was filed is cured, Declarant shall file or record a rescission of such notice, upon payment by the defaulting Owner of the costs of preparing and filing or recording such rescis- sion, and other reasonable costs, interest or fees which have been incurred. (d) Nonexclusive Remedy. The foregoing lien and the rights to foreclose thereunder shall be in addition to, and not in substitution for, all other rights and remedies which any party may have hereunder and by law, including any suit to recover a money judgment for unpaid maintenance Assessments. If any Owner shall fail to perform such maintenance and repair and, notwithstanding such failure, Declarant should fail to exercise its rights and remedies hereunder, then, any other 6/12/85 -27- Owner, after fifteen (15) days' prior written notice to Declarant and such delinquent Owner, shall have the right, but not the obligation, to perform such maintenance and repair and shall have the same rights and remedies with respect thereto as are provided herein to Declarant. 5.8 Taxes and Assessments. If an Owner fails to pay taxes or assessments on its lot which become a lien on any portion of the subject property utilized for parking, service or loading areas, then the Declarant may pay such taxes or assessments, together with any interest, penalties and costs arising out of or related thereto, except while the validity thereof is being contested by judicial or administrative proceedings, and in such event the defaulting Owner obligated to pay such taxes or assessments shall promptly reimburse the Declarant for all such taxes or assessments, interest, penalties and costs paid or incurred by such other Owner and until such reimbursement has been made the amount of the payment by such other Owner shall constitute a lien on and charge against the lot of the defaulting Owner subject and subordinate, however, to any mortgage or deed of trust then outstanding and affecting said lot. 5.9 Refuse Collection Areas. All outdoor refuse collec- tion areas shall be visually screened so as not to be visible from neighboring property or streets. No refuse collection area shall be permitted between a street and the front of a building. 6/12/85 -28- • 5.10 Repair of Buildings. No building or structure upon any lot shall be permitted to fall into disrepair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise fin- ished. 5.11 Public Utilities. Declarant reserves the sole right to grant consents for the construction and operation of public utilities including, but not limited to, street railways, interurban or rapid transit, freight railways, poles or lines for electricity,-telephone or telegraph, above or below ground conduits, and gas pipes in and upon any and all streets now existing or hereafter established upon which any portion of the subject property may now or hereafter front or abut. Declarant reserves the exclusive right to grant consents and to petition the proper authorities for any and all street improvements such as grading, seeding, tree planting, sidewalks, paving, sewer and water installation, whether it be on the surface or sub- surface, which in the opinion of Declarant are necessary on or to the subject property. Notwithstanding the provisions of Section 3.2, Declarant reserves the exclusive right to approve above ground utility lines across the subject property or any portion thereof on.a temporary basis for the purpose of con- struction, and such lines shall be permitted when required by a government agency. Notwithstanding the provisions of this Section 5.11, the construction and operation of public utilities in rights-of-way dedicated to the public must be approved by the appropriate governmental authority. 6/12/85 -29- • 5.12 Utility Lines and Antennas. No sewer, drainage or utility lines or wires or other devices for the communication or transmission of electric current, power, or signals includ- ing telephone, television, microwave or radio signals, shall be constructed, placed or maintained anywhere in or upon any portion of the subject property other than within buildings or structures unless the same shall be contained in conduits or cables constructed, placed or maintained underground or con- cealed in or under buildings or other structures. No antenna for the transmission or reception of telephone, television; microwave or radio signals shall be placed on any lot within the subject property unless (a) such antenna shall be so located that it cannot be seen from five (5) feet zero (0) inches above the ground or ground floor level at a distance of two hundred (200) feet in any direction and (b) the consent of Declarant shall first be obtained. Nothing contained herein shall be deemed to forbid the erection or use of temporary power or telephone facilities incidental to the construction or repair of buildings on the subject property. 5.13 Mechanical Equipment. All mechanical equipment, utility meters, storage tanks, air conditioning equipment and similar items shall be screened with landscaping or attractive architectural features integrated into the structure itself. 5.14 Mineral Exploration. No portion of the subject prop- erty shall be used in any manner to explore for or to remove any steam, heat, oil or other hydro-carbons, gravel, earth or any earth substances or other minerals of any kind, provided, 6/12/85 -30- ' , •r 1 I r • however, that this shall not prevent the excavation of earth in connection with the grading or construction of improvements within the subject property. Water may be extracted to the extent permitted by the appropriate governmental agency. 5.15 Other Operations and Uses. Operations and uses which are neither specifically prohibited nor specifically authorized by this Declaration may be permitted in a specific case if operational plans and specifications are submitted to and approved in writing by Declarant in accordance with the pro- cedures set forth in Article,III of this Declaration. Approval or disapproval of such operational plans and specifications shall be based upon the effect of such operations or uses on other property subject to this Declaration or upon the occup- ants thereof, but shall be in the sole discretion of Declarant. ARTICLE VI MODIFICATION AND REPEAL 6.1 Procedure. Except as otherwise provided in Section 6.2, this Declaration or any provision hereof, or any covenant, condition or restriction contained herein, may be terminated, extended, modified or otherwise amended, as to the whole of the subject property or any portion thereof, with the written con- sent of the Owners of eighty percent (80%) of the subject prop- erty,"based upon the number of square feet owned as compared to the total number of square feet subject to these covenants, conditions and restrictions (excluding dedicated streets); pro- vided, however, that so long as Declarant owns at least twenty 6/12/85 ' -31- percent (20%) of the property subject to these covenants, con- ditions and restrictions, or for a period of fifteen (15) years from the effective date hereof, whichever period-is shorter, no such termination, extension, modification or other amendment shall be effective without the written approval of Declarant, which approval shall.not be unreasonably withheld. Notifica- tion of any termination, extension, modification, or amendment shall be provided to the Bothell Department of Community Development, and if the termination, extension, modification, or amendment constitutes a major change to the planned unit development approved for Koll Center North Creek, the termination, extension, modification, or amendment shall not become effective until approved by the Bothell City Council after review and recommendations by the Bothell Planning Com- mission as provided for in Sections 17.26.230, BMC. No such termination,.extension, modification, or other amendment shall be effective if it conflicts with a valid governmental enact- ment, ordinance, or regulation and until a proper instrument in writing has been executed, acknowledged and recorded. 6.2 Modification by Declarant. For so long as Declarant owns any interest (excepting a leasehold interest) in the sub- ject property, or any part thereof, or for a period of fifteen (15) years from the effective date hereof, whichever period is shorter, Declarant acting alone may modify or amend the pro- visions of Articles III, IV and V; provided, however, that (i) any such modification or amendment must be within the spirit and overall intention of the development as set forth 6/12/85 -32- herein; (ii) prior to any such modification or amendment Declarant shall obtain the approval of any governmental agency to such modification or amendment where such approval is neces- sary; and (iii) any modification or amendment shall not provide for any type of improvements or use not presently permitted by this Declaration. No such modification or.amendment shall be effective until the Owners have been given thirty (30) days' prior written notice of the proposed change, and a proper instrument in writing has been executed, acknowledged and recorded. 6.3 Governmental Requlation. All valid aovernmental enactments, ordinances and regulations are deemed to be a part of this Declaration and to the extent that they conflict with any provision, covenant, condition or restriction hereof, said conflicting governmental enactment, ordinance and regulation shall control and the provision, covenant, condition or restriction hereof in conflict therewith shall be deemed (i) amended to the extent necessary to bring it into conformity with said enactment, ordinance or regulation while still pre- serving the intent and spirit of the provision, covenant, con- dition or restriction; or (ii) stricken herefrom should no amendment conforming to the governmental enactment, ordinance or regulation be capable of preserving the intent and spirit of said provision, covenant, condition or restriction. 6/12/85 -33- ARTICLE VII ENFORCEMENT 7.1 Abatement and Suit. The Owner of each lot shall be primarily liable, and the Occupant, if any, secondarily liable for the violation or breach of any covenant, condition or restriction herein contained. Violation or breach of any covenant, condition or restriction herein contained shall give to Declarant, following thirty (30) days' written notice to the Owner or Occupant in question except in exigent circumstances, the right, privilege and license to enter upon the lot where said violation or breach exists and to summarily abate and remove, or abate or remove, at the expense of the Owner or Occupant thereof, any improvement, structure, thing or condi- tion that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have vio- lated or are attempting to violate any of these covenants, con- ditions or restrictions to enjoin or prevent them.from doing so, to cause said violation to be remedied, or to recover damages for said violation. No such entry by Declarant or its agents shall be deemed a trespass, and neither Declarant nor its agents shall be subject to liability to the Owner or Occupant of said lot for such entry and any action taken to remedy or remove a violation. The cost of any abatement, remedy or removal hereunder shall be a.binding personal obliga- tion on any Owner or Occupant in violation of any provision of this Declaration, as well as a lien (enforceable in the same 6/12/85 -34- i manner as a mortgage) upon the lot in'question., The lien pro- vided for in this section shall not be valid as against a bona fide purchaser or mortgagee for value of the lot in question unless a suit to enforce said lien shall have been filed in a court of record in King County, Washington, prior to the recordation of the deed or mortgage conveying or encumbering the lot in question to such purchaser or mortgagee, respec- tively. 7.2 Right of Entry. During reasonable hours and upon reasonable notice, and subject to reasonable security require- ments, Declarant, or its agents, shall have the right to enter upon and inspect any lot and the improvements thereon covered by this Declaration for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and neither Declarant nor its agents shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection. 7.3 Deemed to Constitute a Nuisance. The result of every act or omission whereby any covenant, condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or in equity against an Owner or Occupant either public or private, shall be applicable against every such result and may be exercised by Declarant. 7.4 Attorney's Fees. In any legal or equitable proceed- ing for the enforcement of this Declaration or any provision hereof, whether it be an action for damages, declaratory relief 6/12/85 -35- i or injunctive relief, or any other action, the losing party or parties shall pay the attorney's fees of the prevailing party or parties, in such reasonable amount as shall be fixed by the court in such proceedings or in a separate action brought for that purpose. The prevailing party shall be entitled to said attorney's fees even though said proceeding is settled prior to judgment. All remedies provided herein or at law or in equity shall be cumulative and not exclusive. . 7.5 Failure to Enforce is No Waiver. The failure of Declarant to enforce any requirement, restriction or standard herein contained shall in no event be deemed to be a waiver of the right to do so thereafter or in other cases, nor of the right to enforce any other restriction. ARTICLE VIII ASSIGNMENT Any and all of the rights, powers and reservations of Declarant herein contained may be assigned to any person, part- nership, corporation or association which will assume the duties of Declarant pertaining to the particular rights, powers and reservations assigned, and upon any such person, partner- ship, corporation or association evidencing its consent in writing to accept such assignment and assume such duties, he or it shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. If at any time Declarant ceases to exist and has not made such an assignment, a successor to Declarant may be appointed in the 6/12/85 -36- ? 1 1 same manner as this Declaration may be modified or amended under Section 6.1. Any assignment or appointment made under this article shall be in reasonable form and shall be recorded. ARTICLE IX CONSTRUCTIVE NOTICE AND ACCEPTANCE Every person or entity who now or hereafter owns, occupies or acquires any right, title or interest in or to any portion of the subject property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in the subject property. ARTICLE X WAIVER Neither Declarant nor its successors or assigns shall be liable to any Owner or Occupant of the subject property by reason of any mistake in judgment, negligence, nonfeasance, action or inaction or for the enforcement or failure to enforce any provision of this Declaration. Every Owner or Occupant of any of said property by acquiring its interest therein agrees that it will not bring any action or suit against Declarant to recover any such damages or to seek equitable relief because of same. 6/12/85 -37- ARTICLE XI RUNS WITH LAND All covenants, conditions, restrictions and agreements herein contained are made for the direct, mutual and reciprocal benefit of each and every lot of the subject property; shall create mutual equitable servitudes upon each lot in favor of every other lot; shall create reciprocal rights and obligations between respective Owners and Occupants of all lots and privity of contract and estate between all grantees of said lots, their heirs, successors and assigns; and shall, as to the Owner and Occupant of each lot, his heirs, successors and assigns, operate as covenants running with the land, for the benefit of all other lots, except as provided otherwise herein. ARTICLE XII RIGHTS OF MORTGAGEES No breach of any covenant, condition or restriction herein contained, or any enforcement thereof, shall defeat or render invalid the lien of any mortgage or deed of trust now or here- after executed upon the subject property or a portion thereof, provided, however, that if any portion of said property is sold under a foreclosure of any mortgage or under the provisions of any deed of trust, any purchaser at such sale and its succes- sors and assigns shall hold any and all property so purchased subject to all of the covenants, conditions and restrictions contained in this Declaration. 6/12/85 -38- i }y r ? The captions convenience only Declaration or i scope and intent they refer. ARTICLE XIII CAPTIONS of articles and sections herein are used for and are not intended to be a part of this n any way to define, limit or describe the of the particular article or section to which ARTICLE XIV EFFECT OF INVALIDATION If any provision of this Declaration is held to be invalid by any court, the invalidity of such provision shall not effect the validity of the remaining provisions hereof. DECLARANT: NORTH CREEK ASSOCIATES By: KOLL NORTHCREEK ASSOCIATES, a California general partnership By: THE KOLL COMPANY, managing partner of Koll Northcreek Associates By By: d r h. r'agernolm, or we Division President NEW E LAND MU AL LIFE INSURANCE PANY, a Massachusetts corporation By: COPLEY REAL ESTATE ADVISORS, INC., asset manager and advisor hereunto duly authorized 7/15/85 -39- STATE OF WASHINGTON COUNTY OF KING ss. • THIS IS TO CERTIFY that on this day of ftkta , 1985, before me, the undersigned, a notary public in and or the state of Washington, duly commissioned and sworn, personally appeared RODGER E. FAGERHOLM, to me known to be the President of the Northwest Division of THE KOLL COMPANY, a California corporation, the corporation that executed the within and foregoing instrument as the managing partner of Koll Northcreek Associates, a California general partnership and joint venturer of North Creek Associates, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, partnership, and joint venture for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal the day and year in this certificate first above written. at?ea?.?Q Notary pu 1 c in and for the state o Washington, residing at STATE OF ss. ) COUNTY OF s 26 THIS IS TO CERTIFY that on this O2day ofZ , 1985, before me, the undersigned, a notary Public in and the state of , duly commissioned and sworn, personally appeared to me known to be the IMMORAL of COPLE REAL ESTAT, ADVISORS, INC., a Massachusetts corporation, the corporation that executed the within and foregoing instrument as the asset manager and advisor to New England Mutual Life Insurance Company, a Massachusetts corporation and joint venturer of. North Creek Associates, and acknowledged the said instrument to be the free and voluntary act and deed.of said corporations and joint venture for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal the day and year in this certificate first above written. n Notary public in and for the state of residing at 4alhli 4623P DE RAp 3l 10 {T 7/15/85 -40- NIN OC 05,51 20, 1939